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

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.

Current-law check: The four Labour Codes commenced on 21 November 2025. For 2026 compliance, read the relevant Code with the final Central Rules and the applicable State rules/notifications; legacy Acts remain relevant to historical periods and savings.

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Separate historical entitlement under repealed legislation from current Code compliance.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.

Reviewed for currentness, usability and source quality on 11 September 2026. Where an official source changes after this date, the official source prevails.

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…

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

  • 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

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.
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 WORKERS

How to apply this provision

  1. 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.
  2. 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.
  3. Evidence file — retain facts and records proving the role/status of: Worker, Appropriate Government.
Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 58 itself rather than a generic “trigger/control/evidence” template.

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 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.

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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.
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Editorial owner: CA Nikhil Gupta · Official-source set checked 20 August 2026; provision-level professional review remains matter-specific
Educational purposes only. Exact notified law, rules, schemes, regulator instruments, judicial decisions, state overlays, portal behaviour and facts must be checked before reliance. Verify with a qualified professional.