Rule 77: Power to take samples of any articles or substances
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Rule 77 — Defines the statutory power concerning take samples of any articles or substances and the conditions attached to its exercise. Key operative text: (1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a…
Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were finally notified under G.S.R. 345(E), 8 May 2026. The Central Rules must be read with the Code and any later amendment/corrigendum.
Finin2min analysis — operative rule mechanics
Operative clauses
- (1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a sufficient sample of any substance used or intended to be used in the establishment, such use being– (a) in the belief of the Inspector-cum-Facilitator in contravention of any of the…
- (2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), the Inspector-cum- Facilitator shall, in the presence of the person informed under that sub-rule (1) unless such person willfully absents themselves , divide the sample into three portions and effectively seal and suitably mark them and shall permit such person to add their own seal and mark thereto.
- (5) Any document purporting to be a report under the hand of any Government Analyst or to a Laboratory accredited by National Accreditation Board for Testing and Calibration Laboratories upon any substance submitted for analysis and report under this rule, may be used as evidence in any proceeding instituted in respect of the substance.
Provisos / explanations
- No proviso/explanation was separately extracted from this rule.
Thresholds & timelines
- No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.
Full notified text — Rule 77
77. Power to take samples of any articles or substances.- (1) An Inspector-cum-Facilitator shall take
samples or substances in an establishment as per the inspection scheme under the Code after informing
the employer of the establishment, taken in the manner herein after provided a sufficient sample of any
substance used or intended to be used in the establishment, such use being–
(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the
provisions of the code or the rules made there under; or
(b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or
injury to the health of employee in the establishment.
(2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), the Inspector-cum-
Facilitator shall, in the presence of the person informed under that sub-rule (1) unless such person
willfully absents themselves , divide the sample into three portions and effectively seal and suitably
mark them and shall permit such person to add their own seal and mark thereto.
(3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator requires, provide the
appliance for dividing, sealing and marking the sample taken under this rule.
(4) The Inspector-cum-Facilitator shall-
(a) forthwith give one portion of the sample to the person informed under sub-rule (1);
(b) forthwith send the second portion of the sample to a Government Analyst or to a
Laboratory accredited by National Accreditation Board for Testing and Calibration
Laboratories for analysis and report thereon;
(c) retain the third portion of the sample for production to the Court before which proceedings
are instituted in respect of the substance.
(5) Any document purporting to be a report under the hand of any Government Analyst or to a
Laboratory accredited by National Accreditation Board for Testing and Calibration Laboratories upon
any substance submitted for analysis and report under this rule, may be used as evidence in any
proceeding instituted in respect of the substance.Application and evidence
- Primary statutory test — (1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a sufficient sample of any substance used or intended to be used in the establishment, such use being– (a) in the belief of the Inspector-cum-Facilitator in contravention of any of the…
- Additional operative limb — (2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), the Inspector-cum- Facilitator shall, in the presence of the person informed under that sub-rule (1) unless such person willfully absents themselves , divide the sample into three portions and effectively seal and suitably mark them and shall permit such person to add their own seal and mark thereto.
- Code Section mapping — 34, 35, 36, 37, 38, 39, 40, 41, 42. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Inspector-cum-Facilitator.
Cross-references & prescribed forms
Sections cited/mapped
Forms
No form is directly mapped in the current rule register.
Worked example
For an establishment affected by power to take samples of any articles or substances, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “(1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a sufficient sample of any substance used or intended to ” Reconcile the mapped Code Section(s) 34, 35, 36, 37, 38, 39, 40, 41, 42.
Illustrative only. Use the exact notified rule, prescribed form and competent authority.
Q&A — Rule 77
What is Rule 77 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026?
Rule 77 — Defines the statutory power concerning take samples of any articles or substances and the conditions attached to its exercise. Key operative text: (1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a…
What does Rule 77 require or permit?
A principal operative clause extracted from the notified rule is: “(1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme under the Code after informing the employer of the establishment, taken in the manner herein after provided a sufficient sample of any substance used or intended to be used in the establishment, such use being– (a) in the belief of the Inspector-cum-Facilitator in contravention of any of the…” Read it with all sub-rules and provisos below.
Does Rule 77 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this rule text. Check the complete rule below for clause-level conditions.
What deadline, period, percentage or amount appears in Rule 77?
No explicit day/month/year/hour/percentage/rupee expression was detected in this rule text.
Which Code sections are linked to Rule 77?
The current concordance maps Rule 77 to Section(s) 34, 35, 36, 37, 38, 39, 40, 41, 42.
When did Rule 77 come into force?
The final Central Rules were notified as G.S.R. 345(E), 8 May 2026; Rule 1 states that the Rules come into force on publication. Check any later amendment or corrigendum before reliance.