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

Section 102: Punishment for contravention of provisions of duties relating to hazardous processes

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 102 — Governs punishment for contravention of provisions of duties relating to hazardous processes and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to…

Full official textSource checked: 20 August 20266 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) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may…
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

Punishment for contravention of provisions of duties relating to hazardous processes.—(1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in…
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both.

Actors expressly appearing in the text

No standard actor label extracted; identify the legal subject from the full text.

Full statutory text — Section 102

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.

102. Punishment for contravention of provisions of duties relating to hazardous processes.—(1)
Whoever fails to comply with or contravenes any of his duties specified under—
      (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in
   so far as such duty relates to hazardous processes; or
      (ii) section 80,
shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which
may extend to two years and with fine which may extend to five lakh rupees, and in case the failure or
contravention continues, with additional fine which may extend to twenty-five thousand rupees for every
day during which such failure or contravention continues, after the conviction for the first such failure or
contravention.
    (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year
after the date of conviction, the offender shall be punishable with imprisonment for a term which may
extend to three years or with a fine of twenty lakh rupees, or with both.

How to apply this provision

Primary statutory test — (1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may…
Additional operative limb — (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both.
Numerical or timing control — Punishment for contravention of provisions of duties relating to hazardous processes.—(1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in…
Central Rule mapping — 177, 178, 179, 180, 181, 182. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 102 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 177 Rule 178 Rule 179 Rule 180 Rule 181 Rule 182

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

Section 6 Section 13 Section 80

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 punishment for contravention of provisions of duties relating to hazardous processes, 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: “Punishment for contravention of provisions of duties relating to hazardous processes.—(1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far” Read the mapped Central Rule(s) 177, 178, 179, 180, 181, 182.

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 102

What does Section 102 of the OSHWC Code cover?

What is the main legal requirement or power in Section 102?

The first operative clause identified from the official text is: “(1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may…” Read it with the remaining subsections and any proviso below.

Does Section 102 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 102?

The provision contains this numerical/time expression: “Punishment for contravention of provisions of duties relating to hazardous processes.—(1) Whoever fails to comply with or contravenes any of his duties specified under— (i) clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or (ii) section 80, shall, in…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 102?

The current concordance maps Section 102 to Central Rule(s) 177, 178, 179, 180, 181, 182.

Is Section 102 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.