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LabourOSHWC CodeSections › Section 76
OSHWC Code · Chapter XI

Section 76 — Permission to work by employees outside industrial premises

Detailed statutory control map with Central Rule, form, authority, evidence and State-jurisdiction checks.

Legal status: In force from 21 November 2025, subject to provision-specific notifications, Central/State jurisdiction and saved actions under section 143.

Statutory identity

Chapter

XI — Special provisions for contract labour, migrants and sectors

Part

Part V — Beedi and cigar workers

Provision owner

Work-environment engineering control

Applicable rules

No single Central Rule; read Code, notifications and jurisdictional rules

Forms

No direct prescribed form identified

Last source review

2026-07-17

Provision-by-provision analytical map

This page does not replace the statutory text. It separates the operative legal transaction into controls so that each subsection, proviso, exception and delegated instrument can be checked against the official India Code source before use.

  1. Control 1. Identify the sector-specific standard and the actual exposure, occupancy or hygiene condition.
  2. Control 2. Use competent measurements and calibrated instruments where a numerical or exposure standard applies.
  3. Control 3. Apply elimination, substitution and engineering control before relying only on personal protective equipment.
  4. Control 4. Define cleaning, ventilation, maintenance, waste-disposal and inspection frequencies.
  5. Control 5. Trend deviations, complaints and occupational-health findings and close corrective actions.

Actor, trigger and jurisdiction

Primary actor

Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 76.

Trigger

The facts engage “Permission to work by employees outside industrial premises”. Coverage, sector and appropriate-Government analysis must be recorded before action.

Central/State split

The 2026 Central Rules apply where the Central Government is the appropriate Government. State rules and notifications must be checked separately.

Technical overlay

Applicable standards, mine/dock regulations, Schedule limits and authority orders may add more specific requirements.

Linked Central Rules and forms

No single direct Rule or Form mapping has been asserted. Use the official source and the concordance before applying a procedure.

Implementation workflow

  1. Coverage memo: identify establishment, sector, headcount, worker status, location and appropriate Government.
  2. Legal decomposition: mark each subsection, proviso, explanation, exception and delegated power in the official text.
  3. Control design: assign a process owner, system trigger, time limit, reviewer and escalation path.
  4. Evidence: preserve the source transaction, decision, communication and acknowledgement.
  5. Freshness check: verify later Gazette notifications, authority appointments, State rules and technical orders.

Evidence checklist

Non-compliance and remedy

Persistent unsafe exposure can trigger improvement/prohibition action and enhanced liability where injury or disease results.

Read sections 94–114 for the offence, adjudication, prosecution, composition and court route. A continuing unsafe condition should be corrected immediately; retrospective records must never be fabricated.

Worked control example

A covered establishment converts “Permission to work by employees outside industrial premises” into a control with a named owner, trigger, deadline, prescribed evidence, reviewer and escalation path. A sample transaction is tested before the policy is treated as operational.

Practical questions

Is the Central Rule automatically applicable to every establishment?

No. Determine the appropriate Government and sector. State rules may govern establishments outside the Central sphere.

Does a policy prove compliance?

No. Transaction evidence, prescribed records, competent appointments, measurements and acknowledgements are ordinarily required.

What should be checked before relying on this page?

Read the exact India Code section, mapped Rule, Schedule, authority notification and any later Central or State instrument.

Official sources