Labour Hub › OSHWC Code › Sections › Section 5

Occupational Safety, Health and Working Conditions Code, 2020 · II

Section 5: Notice by employer of commencement and cessation of operation

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 5 — Sets the statutory notice requirement for notice by employer of commencement and cessation of operation, including the relevant trigger, recipient and timing conditions. Key operative text: (1) No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business,…

Full official textSource checked: 20 August 20261 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(1) No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business, manufacturing or occupation thereon without sending notice of such purpose in such form and manner and to such authority and within such time as may be prescribed and shall also intimate the…
(2) The notice or intimation under sub-section (1) shall be given electronically.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.

Actors expressly appearing in the text

Employer, Employee / worker, Appropriate Government, Authority / officer

Full statutory text — Section 5

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

5. Notice by employer of commencement and cessation of operation.—(1) No employer of an
establishment being factory or mine or relating to contract labour or building or other construction work
shall use such establishment to commence the operation of any industry, trade, business, manufacturing or
occupation thereon without sending notice of such purpose in such form and manner and to such authority
and within such time as may be prescribed and shall also intimate the cessation thereof to the said
authority in such manner as may be prescribed by the appropriate Government.
   (2) The notice or intimation under sub-section (1) shall be given electronically.
                                                 CHAPTER III
                                 DUTIES OF EMPLOYER AND EMPLOYEES, ETC.

How to apply this provision

Primary statutory test — (1) No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business, manufacturing or occupation thereon without sending notice of such purpose in such form and manner and to such authority and within such time as may be prescribed and shall also intimate the…
Additional operative limb — (2) The notice or intimation under sub-section (1) shall be given electronically.
Central Rule mapping — 4. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Prescribed-form link recorded in the corpus — VI, VII. Confirm the current notified form/version before filing.
Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Appropriate Government, Authority / officer.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 5 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 4

Forms mapped

VI, VII

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

State overlays Forms Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

For an establishment affected by notice by employer of commencement and cessation of operation, 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) No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business, manufacturing or occupation thereon without sending notice of s” Read the mapped Central Rule(s) 4. Use the current notified VI, VII where the process requires it.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 5

What does Section 5 of the OSHWC Code cover?

What is the main legal requirement or power in Section 5?

The first operative clause identified from the official text is: “(1) No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business, manufacturing or occupation thereon without sending notice of such purpose in such form and manner and to such authority and within such time as may be prescribed and shall also intimate the…” Read it with the remaining subsections and any proviso below.

Does Section 5 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.

What time limit, percentage or amount appears in Section 5?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 5?

The current concordance maps Section 5 to Central Rule(s) 4.

Is a prescribed form mapped to Section 5?

The current corpus records: VI, VII. Confirm the current notified version before filing or service.

Is Section 5 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Source & verification trail

Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗

Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.