Labour Hub › OSHWC Code › Sections › Section 114

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

Section 114: Composition of certain offences

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 114 — Governs composition of certain offences and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section…

Full official textSource checked: 20 August 20261 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) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b) of sub-section (1) of section 103 or section 105 or…
(2) Where a penalty or an offence has been compounded under sub-section (1), the person liable for penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall be no further proceedings against him in respect of such penalty or offence.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a penalty equivalent to twenty per cent. of the maximum penalty or fine provided for the penalty or the offence, as the case may be, in addition to the penalty or fine.
(4) The amount of composition received under sub-section (1) shall be credited to the fund established under sub-section (1) of section 115 for the unorganised workers.
(5) Nothing contained in sub-section (1) shall apply to a penalty or an offence committed by a person for a second or subsequent time within a period of three years from the date of penalty or offence, as the case may be,— (a) which was earlier compounded; or (b) for which such person was earlier convicted.

Provisos, explanations & qualifications

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

Thresholds and timelines in the text

Composition of certain offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of…
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a penalty equivalent to twenty per cent. of the maximum penalty or fine provided for the penalty or the offence, as the case may be, in addition to the penalty or fine.
(5) Nothing contained in sub-section (1) shall apply to a penalty or an offence committed by a person for a second or subsequent time within a period of three years from the date of penalty or offence, as the case may be,— (a) which was earlier compounded; or (b) for which such person was earlier convicted.

Actors expressly appearing in the text

Worker, Appropriate Government

Full statutory text — Section 114

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.

114. Composition of certain offences.—(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section
94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any
offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b)

of sub-section (1) of section 103 or section 105 or sub-section (2) of section 113 may either before or
after the holding the enquiry or, as the case may be, of institution of prosecution may be compounded by
such officer of the appropriate Government as may be notified by that Government in the manner as may
be prescribed by it—
      (a) in a case of penalty for a sum of fifty per cent. of the maximum penalty provided for such
   penalty; and
      (b) in a case of offence for a sum of seventy-five per cent. of the maximum fine provided for such
   offence.
   (2) Where a penalty or an offence has been compounded under sub-section (1), the person liable for
penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall
be no further proceedings against him in respect of such penalty or offence.
   (3) Any person who fails to comply with an order made by the officer referred to in sub-section (1),
shall be liable to pay a penalty equivalent to twenty per cent. of the maximum penalty or fine provided for
the penalty or the offence, as the case may be, in addition to the penalty or fine.
   (4) The amount of composition received under sub-section (1) shall be credited to the fund established
under sub-section (1) of section 115 for the unorganised workers.
   (5) Nothing contained in sub-section (1) shall apply to a penalty or an offence committed by a person
for a second or subsequent time within a period of three years from the date of penalty or offence, as the
case may be,—
      (a) which was earlier compounded; or
      (b) for which such person was earlier convicted.
                                                 CHAPTER XIII
                                             SOCIAL SECURITY FUND

How to apply this provision

Primary statutory test — (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b) of sub-section (1) of section 103 or section 105 or…
Additional operative limb — (2) Where a penalty or an offence has been compounded under sub-section (1), the person liable for penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall be no further proceedings against him in respect of such penalty or offence.
Numerical or timing control — Composition of certain offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of…
Central Rule mapping — 182. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Prescribed-form link recorded in the corpus — XXVI, XXVII. Confirm the current notified form/version before filing.
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 114 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 182

Forms mapped

XXVI, XXVII

Other sections cited in this text

Section 12 Section 94 Section 96 Section 97 Section 99 Section 106 Section 100 Section 101 Section 103 Section 105 Section 113 Section 115

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

When an event triggers composition of certain offences, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Composition of certain offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3” Read the mapped Central Rule(s) 182. Use the current notified XXVI, XXVII where the process requires it.

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 114

What does Section 114 of the OSHWC Code cover?

What is the main legal requirement or power in Section 114?

The first operative clause identified from the official text is: “(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b) of sub-section (1) of section 103 or section 105 or…” Read it with the remaining subsections and any proviso below.

Does Section 114 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 114?

The provision contains this numerical/time expression: “Composition of certain offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 114?

The current concordance maps Section 114 to Central Rule(s) 182.

Is a prescribed form mapped to Section 114?

The current corpus records: XXVI, XXVII. Confirm the current notified version before filing or service.

Is Section 114 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.