Section 91: Power to make rules to exempt
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 91 — Defines the statutory power concerning make rules to exempt and the conditions attached to its exercise. Key operative text: (1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief…
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
- (1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declare any person, other than a person so specified, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion…
- (b) in respect of any worker or class of workers in any establishment or class of establishment, for providing the exemption, extent of exemption and conditions subject to which such exemption may be given.
- (2) The appropriate Government or the Chief Inspector-cum-Facilitator may, by order in writing, exempt subject to such conditions as it may deem expedient, any or all of the adult workers in any establishment or class of establishments.
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, Inspector-cum-Facilitator
Full statutory text — Section 91
91. Power to make rules to exempt.—(1) The appropriate Government may make rules,—
(a) specifying the persons who hold positions of supervision or management or are employed in a
confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declare any
person, other than a person so specified, as a person holding position of supervision or management or
employed in a confidential position in a factory if, in the opinion of the Chief Inspector-cum-
Facilitator, such person holds such position or is so employed, and the provisions of this Code, shall
not apply to any person so defined or declared;
(b) in respect of any worker or class of workers in any establishment or class of establishment, for
providing the exemption, extent of exemption and conditions subject to which such exemption may be
given.
(2) The appropriate Government or the Chief Inspector-cum-Facilitator may, by order in writing,
exempt subject to such conditions as it may deem expedient, any or all of the adult workers in any
establishment or class of establishments.
PART VIII
PLANTATIONHow to apply this provision
- Primary statutory test — (1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declare any person, other than a person so specified, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion…
- Additional operative limb — (b) in respect of any worker or class of workers in any establishment or class of establishment, for providing the exemption, extent of exemption and conditions subject to which such exemption may be given.
- Evidence file — retain facts and records proving the role/status of: Worker, Appropriate Government, Inspector-cum-Facilitator.
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
When an event triggers power to make rules to exempt, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “(1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declare any person, other than a person so speci”
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 91
What does Section 91 of the OSHWC Code cover?
Section 91 — Defines the statutory power concerning make rules to exempt and the conditions attached to its exercise. Key operative text: (1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief…
What is the main legal requirement or power in Section 91?
The first operative clause identified from the official text is: “(1) The appropriate Government may make rules,— (a) specifying the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declare any person, other than a person so specified, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion…” Read it with the remaining subsections and any proviso below.
Does Section 91 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 91?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 91?
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 91 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.