Chapter
XIV — Miscellaneous
Section 118 — Onus of proving limits of what is practicable, etc.
Detailed statutory control map with Central Rule, form, authority, evidence and State-jurisdiction checks.
Statutory identity
Part
General chapter provision
Provision owner
Enforcement, adjudication and remedy
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.
- Control 1. Identify the exact contravention, responsible legal person, continuing-offence period and consequence.
- Control 2. Preserve evidence and immediately stop continuing risk without fabricating retrospective records.
- Control 3. Check show-cause, inquiry, adjudication, prosecution, appeal and limitation routes separately.
- Control 4. Use compounding only for eligible offences and comply with the authorised officer’s form and payment requirements.
- Control 5. Document director/manager responsibility, due diligence and corrective action.
Actor, trigger and jurisdiction
Primary actor
Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 118.
Trigger
The facts engage “Onus of proving limits of what is practicable, etc.”. 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
- Coverage memo: identify establishment, sector, headcount, worker status, location and appropriate Government.
- Legal decomposition: mark each subsection, proviso, explanation, exception and delegated power in the official text.
- Control design: assign a process owner, system trigger, time limit, reviewer and escalation path.
- Evidence: preserve the source transaction, decision, communication and acknowledgement.
- Freshness check: verify later Gazette notifications, authority appointments, State rules and technical orders.
Evidence checklist
- inspection/order and service proof
- contravention evidence
- responsibility matrix
- show-cause response
- remediation record
- appeal/compounding/prosecution file
Non-compliance and remedy
A safety event may engage multiple offences; payment or compounding of one item may not extinguish other liabilities.
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 “Onus of proving limits of what is practicable, etc.” 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