Section 39: Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 39 — Governs secrecy of information by chief inspector-cum-facilitator or inspector-cum-facilitator, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief…
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.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or by any one assisting him, in the course of the inspection or survey of any establishment under this Code or acquired by any officer…
- (2) Nothing in sub-section (1) shall apply to the disclosure of any such information to— (a) any court;
- (e) the Controller, Indian Bureau of Mines; and (f) any such officer, authority or authorised person as may be specified in this behalf by the appropriate Government.
- (3) Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), no Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the source of any complaint, made to him regarding the contravention of the provisions of this Code without the consent of the complainant and shall also not while making an inspection under this Code in pursuance of such complaint, disclose to…
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, Inspector-cum-Facilitator, Authority / officer
Full statutory text — Section 39
39. Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator,
etc.—(1) All copies of, and extracts from, registers or other records pertaining to any establishment and
all other information relating to any manufacturing or commercial business or any working process
acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or by any one assisting
him, in the course of the inspection or survey of any establishment under this Code or acquired by any
officer authorised under section 20 in the exercise of his duties thereunder, shall be regarded as
confidential and shall not, while in service or after leaving the service, be disclosed to any person or
authority unless the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator considers disclosure
necessary to ensure the health, safety or welfare of any person employed in establishment.
(2) Nothing in sub-section (1) shall apply to the disclosure of any such information to—
(a) any court;
(b) any Committee or Board constituted under this Code;
(c) an official superior or the employer of the establishment concerned;
(d) a Commissioner for employees' compensation appointed under the Employees'
Compensation Act, 1923 (8 of 1923);
(e) the Controller, Indian Bureau of Mines; and
(f) any such officer, authority or authorised person as may be specified in this behalf by the
appropriate Government.
(3) Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), no
Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the source of any
complaint, made to him regarding the contravention of the provisions of this Code without the consent
of the complainant and shall also not while making an inspection under this Code in pursuance of such
complaint, disclose to the employer concerned or any of his representative that the inspection is being
made in pursuance of such complaint.How to apply this provision
- Primary statutory test — (1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or by any one assisting him, in the course of the inspection or survey of any establishment under this Code or acquired by any officer…
- Additional operative limb — (2) Nothing in sub-section (1) shall apply to the disclosure of any such information to— (a) any court;
- Central Rule mapping — 77, 78, 79, 80, 81, 82. 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, Appropriate Government, Inspector-cum-Facilitator, Authority / officer.
Rules, forms and cross-references
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
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 secrecy of information by chief inspector-cum-facilitator or inspector-cum-facilitator, etc., 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) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator o” Read the mapped Central Rule(s) 77, 78, 79, 80, 81, 82.
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 39
What does Section 39 of the OSHWC Code cover?
Section 39 — Governs secrecy of information by chief inspector-cum-facilitator or inspector-cum-facilitator, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief…
What is the main legal requirement or power in Section 39?
The first operative clause identified from the official text is: “(1) All copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or by any one assisting him, in the course of the inspection or survey of any establishment under this Code or acquired by any officer…” Read it with the remaining subsections and any proviso below.
Does Section 39 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 39?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 39?
The current concordance maps Section 39 to Central Rule(s) 77, 78, 79, 80, 81, 82.
Is Section 39 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.