Labour Hub › OSHWC Code › Sections › Section 81

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

Section 81: Power to apply Code to certain premises

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 81 — Defines the statutory power concerning apply code to certain premises and the conditions attached to its exercise. Key operative text: (1) The appropriate Government may, by notification, declare that all or any of the provisions of this Part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is…

Full official textSource checked: 20 August 20260 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) The appropriate Government may, by notification, declare that all or any of the provisions of this Part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is ordinarily carried on irrespective of the number of workers working in the factory.
(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Code, and the owner shall be deemed to be the occupier, and any person working therein, a worker.
Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgagee with possession of the premises.

Provisos, explanations & qualifications

Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgagee with possession of the premises.

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 81

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.

81. Power to apply Code to certain premises.—(1) The appropriate Government may, by
notification, declare that all or any of the provisions of this Part shall apply to any place wherein a
manufacturing process is carried on with or without the aid of power or is ordinarily carried on
irrespective of the number of workers working in the factory.
   (2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Code, and
the owner shall be deemed to be the occupier, and any person working therein, a worker.
   Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgagee with
possession of the premises.

How to apply this provision

Primary statutory test — (1) The appropriate Government may, by notification, declare that all or any of the provisions of this Part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is ordinarily carried on irrespective of the number of workers working in the factory.
Additional operative limb — (2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Code, and the owner shall be deemed to be the occupier, and any person working therein, a worker.
Qualification / exception to test — Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgagee with possession of the premises.
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 81 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

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 power to apply code to certain premises, 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: “(1) The appropriate Government may, by notification, declare that all or any of the provisions of this Part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is ordinarily carried on irrespective of the number of workers wo” 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 81

What does Section 81 of the OSHWC Code cover?

What is the main legal requirement or power in Section 81?

The first operative clause identified from the official text is: “(1) The appropriate Government may, by notification, declare that all or any of the provisions of this Part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is ordinarily carried on irrespective of the number of workers working in the factory.” Read it with the remaining subsections and any proviso below.

Does Section 81 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgagee with possession of the premises.”

What time limit, percentage or amount appears in Section 81?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 81?

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 81 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.