Section 16: National Occupational Safety and Health Advisory Board

Finin2min analysis — what the section actually does

Full statutory text — Section 16

16. National Occupational Safety and Health Advisory Board.—(1) The Central Government shall,
by notification, constitute the National Occupational Safety and Health Advisory Board (hereinafter in
this Code referred to as the National Board) to discharge the functions conferred on it by or under this
Code and to advise the Central Government on the matters relating to—
      (a) standards, rules and regulations to be declared or framed under this Code;
      (b) implementation of the provisions of this Code and the standards, rules and regulations relating
   thereto;
      (c) the issues of policy and programme relating to occupational safety and health referred to it,
   from time to time, by the Central Government; and
     (d) any other matter in respect of this Code referred to it, from time to time, by the Central
   Government.

   (2) The National Board shall consist of—
      (a) Secretary, Ministry of Labour and Employment—Chairperson ex officio;
      (b) Director General, Factory Advice Service and Labour Institutes, Mumbai— Member ex officio;
      (c) Director General, Mines Safety, Dhanbad—Member ex officio;
      (d) Chief Controller of Explosives, Nagpur—Member ex officio;
      (e) Chairman, Central Pollution Control Board, New Delhi—Member ex officio;
      (f) Chief Labour Commissioner (Central), New Delhi—Member ex officio;
     (g) Principal Secretaries dealing with labour matters of four States (by rotation as the Central
   Government may deem fit)—Member ex officio;
      (h) Director General, Employee's State Insurance Corporation, New Delhi— Member ex officio;
      (i) Director General, Health Services, New Delhi—Member ex officio;
      (j) five representatives of employers—Member ex officio;
      (k) five representatives of employees—Member ex-officio;
      (l) a representative of professional body associated with the matter for which standards, rules,
   policies being framed—Member;
      (m) five eminent persons connected with the field of Occupational Safety and Health, or
   representatives from reputed research institutions or similar other discipline—Member;
      (n) special invitees from the State Government or the Government of Union territory for seeking
   inputs in specific matters or industry or sector which is predominant in that State or Union territory—
   Member;
      (o) Joint Secretary, Ministry of Labour and Employment—Member Secretary ex officio.
   (3) The terms of office of the Members referred to in clauses (g), (j), (k), (l) and (m) of sub-section (2)
shall be of three years and the procedure for their nomination, and discharge of their functions shall be
such as may be prescribed by the Central Government.
   (4) The Central Government may, in consultation with the National Board, determine the number,
nature and categories of other officers and employees required to assist the National Board in the efficient
discharge of its functions and terms and conditions of service of such officers and employees of the
National Board shall be such as may be prescribed by the Central Government.
   (5) The Central Government may constitute as many technical committees or advisory committees
consisting of such number of members having such qualifications as may be prescribed by the Central
Government, to assist the National Board in discharge of its function specified in sub-section (1).
   (6) The National Board shall consult the State Governments whose Principal Secretaries are the
Members of the National Board as required under clause (g) of sub-section (2) of section 16 and in case
of specific issues relating to plantation, factories and like other issues, the State Government concerned
may be invited by the National Board as special invitee for obtaining their inputs on such issues.

How to apply this provision

1. Primary statutory test — (2) The National Board shall consist of— (a) Secretary, Ministry of Labour and Employment—Chairperson ex officio;
2. Additional operative limb — (g) Principal Secretaries dealing with labour matters of four States (by rotation as the Central Government may deem fit)—Member ex officio;
3. Numerical or timing control — (3) The terms of office of the Members referred to in clauses (g), (j), (k), (l) and (m) of sub-section (2) shall be of three years and the procedure for their nomination, and discharge of their functions shall be such as may be prescribed by the Central Government.
4. Central Rule mapping — 11, 12. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, State Government, Corporation / EPFO / Board.

Rules, forms and cross-references

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

Q&A — Section 16

Source & verification trail