Section 58: Power to exempt in special cases
Reviewed by Finin2min Editorial Desk · Last reviewed 11 September 2026
2-minute answer
OSHWC Code Section 58: Power to exempt in special cases. Full official text, provision analysis, 2026 rule links, examples, Q&A and primary sources.
Use this page to
- Identify the establishment/worker coverage
- Check the Code, Central Rule and State Rule together
- Map notice, approval or filing responsibility
- Preserve service, payroll and authority evidence
Practical control
Separate historical entitlement under repealed legislation from current Code compliance. Record the event date, establishment coverage and applicable Central/State instrument.
Official / primary sources
Related Finin2min guidance
Section 58 — Defines the statutory power concerning exempt in special cases and the conditions attached to its exercise. Key operative text: The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the…
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
- The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the provisions of this Code or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.
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
Worker, Appropriate Government
Full statutory text — Section 58
58. Power to exempt in special cases.—The appropriate Government may, in the case of an
emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such
period, as may be specified in the notification, all or any of the provisions of this Code or the rules made
thereunder shall not apply to any establishment or class of establishments or any class of contractors.
PART II
INTER-STATE MIGRANT WORKERSHow to apply this provision
- Primary statutory test — The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the provisions of this Code or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.
- 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: Worker, Appropriate Government.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
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 power to exempt in special cases, 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: “The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the provisions of this Code or the rules made thereunder sha” 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 58
What does Section 58 of the OSHWC Code cover?
Section 58 — Defines the statutory power concerning exempt in special cases and the conditions attached to its exercise. Key operative text: The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the…
What is the main legal requirement or power in Section 58?
The first operative clause identified from the official text is: “The appropriate Government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period, as may be specified in the notification, all or any of the provisions of this Code or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.” Read it with the remaining subsections and any proviso below.
Does Section 58 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 58?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 58?
The current concordance maps Section 58 to Central Rule(s) 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101.
Is Section 58 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.