Labour Hub › OSHWC Code › Sections › Section 45

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

Section 45: Applicability of this Part

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 45 — Governs applicability of this part and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;

Full official textSource checked: 20 August 202617 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) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;
(2) This Part shall not apply to the establishment in which work only of an intermittent or casual nature is performed:
Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.
Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature— (i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or (ii) if it is of seasonal character and is performed for more than sixty days in a year.

Provisos, explanations & qualifications

Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.
Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature— (i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or (ii) if it is of seasonal character and is performed for more than sixty days in a year.

Thresholds and timelines in the text

Applicability of this Part.—(1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;
(ii) every manpower supply contractor who has employed, on any day of the preceding twelve months, fifty or more contract labour.
Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature— (i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or (ii) if it is of seasonal character and is performed for more than sixty days in a year.

Actors expressly appearing in the text

Appropriate Government

Full statutory text — Section 45

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.

45. Applicability of this Part.—(1) This Part shall apply to—
         (i) every establishment in which fifty or more contract labour are employed or were employed
      on any day of the preceding twelve months through contract;
        (ii) every manpower supply contractor who has employed, on any day of the preceding twelve
      months, fifty or more contract labour.
      (2) This Part shall not apply to the establishment in which work only of an intermittent or casual
   nature is performed:
       Provided that if a question arises as to whether work performed in an establishment is of an
   intermittent or casual nature, the appropriate Government shall decide that question after consultation
   with the National Board or a State Advisory Board and its decision thereon shall be final.
      Explanation.—For the purpose of this sub-section, work performed in an establishment shall not be
   deemed to be of an intermittent nature—
        (i) if it was performed for more than one hundred and twenty days in the preceding twelve
      months; or
          (ii) if it is of seasonal character and is performed for more than sixty days in a year.

How to apply this provision

Primary statutory test — (1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;
Additional operative limb — (2) This Part shall not apply to the establishment in which work only of an intermittent or casual nature is performed:
Qualification / exception to test — Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.
Numerical or timing control — Applicability of this Part.—(1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;
Central Rule mapping — 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101. 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: Appropriate Government.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 45 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 85 Rule 86 Rule 87 Rule 88 Rule 89 Rule 90 Rule 91 Rule 92 Rule 93 Rule 94 Rule 95 Rule 96 Rule 97 Rule 98 Rule 99 Rule 100 Rule 101

Forms mapped

No prescribed form is directly mapped in the current concordance.

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 applicability of this part, 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: “Applicability of this Part.—(1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101.

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 45

What does Section 45 of the OSHWC Code cover?

What is the main legal requirement or power in Section 45?

The first operative clause identified from the official text is: “(1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;” Read it with the remaining subsections and any proviso below.

Does Section 45 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the National Board or a State Advisory Board and its decision thereon shall be final.”

What time limit, percentage or amount appears in Section 45?

The provision contains this numerical/time expression: “Applicability of this Part.—(1) This Part shall apply to— (i) every establishment in which fifty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 45?

The current concordance maps Section 45 to Central Rule(s) 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101.

Is Section 45 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.