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Labour › OSHWC Code › Sections › Section 90
OSHWC Code · Chapter XI

Section 90 — Appeal against the order of Inspector-cum-Facilitator in case of factory

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 VII — Factories

Provision owner

Regulatory authority and inspection 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. Verify the officer’s jurisdiction, appointment and the statutory purpose of the visit, sample, survey or inquiry.
  2. Control 2. Nominate an authorised site contact while preserving worker access and non-retaliation rights.
  3. Control 3. Provide accurate documents and facilities; record items taken, samples sealed and statements made.
  4. Control 4. Assess improvement, prohibition or inquiry directions immediately and diarise appeal or compliance periods.
  5. Control 5. Close findings with evidence and preserve legal privilege over separate advice where appropriate.

Actor, trigger and jurisdiction

Primary actor

Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 90.

Trigger

The facts engage “Appeal against the order of Inspector-cum-Facilitator in case of factory”. 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

Obstruction, concealment or non-compliance with a lawful direction can create separate penal exposure.

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 “Appeal against the order of Inspector-cum-Facilitator in case of factory” 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

India Code — complete CodeRead the exact statutory provision and related subordinate instruments.Ministry Labour Codes libraryCode, final Central Rules, notifications, FAQs and implementation material.Official Gazette — Central Rules, 2026G.S.R. 345(E), 8 May 2026; Gazette ID CG-DL-E-09052026-272379