Labour Hub › OSHWC Code › Sections › Section 104

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

Section 104: Special provision for contravention of order under section 38

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 104 — Governs special provision for contravention of order under section 38 and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable 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

Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:
Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.

Provisos, explanations & qualifications

Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.

Thresholds and timelines in the text

Special provision for contravention of order under section 38.—Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:
Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.

Actors expressly appearing in the text

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

Full statutory text — Section 104

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.

104. Special provision for contravention of order under section 38.—Whoever continues to work
in contravention of any general or special order issued under the provisions of section 38, shall be
punishable with imprisonment for a term which may extend to two years and shall also be liable to fine
which may extend to five lakh rupees:
   Provided that the court shall not impose a fine under this section which shall be less than two lakh
rupees without recording in the judgment the reasons for imposing such fine.

How to apply this provision

Primary statutory test — Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:
Additional operative limb — Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.
Qualification / exception to test — Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.
Numerical or timing control — Special provision for contravention of order under section 38.—Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:
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 104 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 38

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 special provision for contravention of order under section 38, 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: “Special provision for contravention of order under section 38.—Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be li” Also test the express qualification/proviso before concluding the result. 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 104

What does Section 104 of the OSHWC Code cover?

What is the main legal requirement or power in Section 104?

The first operative clause identified from the official text is: “Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:” Read it with the remaining subsections and any proviso below.

Does Section 104 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.”

What time limit, percentage or amount appears in Section 104?

The provision contains this numerical/time expression: “Special provision for contravention of order under section 38.—Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 104?

The current concordance maps Section 104 to Central Rule(s) 177, 178, 179, 180, 181, 182.

Is Section 104 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.