Section 77: Part not to apply to self-employed persons in private dwelling houses
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 77 — Governs part not to apply to self-employed persons in private dwelling houses and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling…
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
- Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him.
Provisos, explanations & qualifications
- Explanation.—For the purposes of this section,— (i) “family” does not include child, as defined in the Child and Adolescent (Prohibition and Regulation) Act, 1986 (61 of 1986), for this section; (ii) “private dwelling house” means a house in which persons engaged in the manufacture of beedi or cigar or both reside. PART VI BUILDING OR OTHER CONSTRUCTION…
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, Worker
Full statutory text — Section 77
77. Part not to apply to self-employed persons in private dwelling houses.—Nothing contained in
this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an
employer to whom this Part applies, who carries on any manufacturing process in such private dwelling
house with the assistance of the members of his family living with him in such dwelling house and
dependent on him.
Explanation.—For the purposes of this section,—
(i) “family” does not include child, as defined in the Child and Adolescent (Prohibition and
Regulation) Act, 1986 (61 of 1986), for this section;
(ii) “private dwelling house” means a house in which persons engaged in the manufacture of beedi
or cigar or both reside.
PART VI
BUILDING OR OTHER CONSTRUCTION WORKERSHow to apply this provision
- Primary statutory test — Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him.
- Qualification / exception to test — Explanation.—For the purposes of this section,— (i) “family” does not include child, as defined in the Child and Adolescent (Prohibition and Regulation) Act, 1986 (61 of 1986), for this section; (ii) “private dwelling house” means a house in which persons engaged in the manufacture of beedi or cigar or both reside. PART VI BUILDING OR OTHER CONSTRUCTION…
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker.
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 part not to apply to self-employed persons in private dwelling houses, 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: “Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his famil” Also test the express qualification/proviso before concluding the result.
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 77
What does Section 77 of the OSHWC Code cover?
Section 77 — Governs part not to apply to self-employed persons in private dwelling houses and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling…
What is the main legal requirement or power in Section 77?
The first operative clause identified from the official text is: “Nothing contained in this Part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this Part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him.” Read it with the remaining subsections and any proviso below.
Does Section 77 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Explanation.—For the purposes of this section,— (i) “family” does not include child, as defined in the Child and Adolescent (Prohibition and Regulation) Act, 1986 (61 of 1986), for this section; (ii) “private dwelling house” means a house in which persons engaged in the manufacture of beedi or cigar or both reside. PART VI BUILDING OR OTHER CONSTRUCTION…”
What time limit, percentage or amount appears in Section 77?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 77?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 77 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.