Labour Hub › OSHWC Code › Sections › Section 128

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

Section 128: Power to exempt during public emergency

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 128 — Defines the statutory power concerning exempt during public emergency and the conditions attached to its exercise. Key operative text: In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions…

Full official textSource checked: 20 August 20260 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

In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions of this Code for such period and subject to such conditions as it may think fit:
Provided that no such notification shall be made for a period exceeding one year at a time.

Provisos, explanations & qualifications

Provided that no such notification shall be made for a period exceeding one year at a time.
Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.

Thresholds and timelines in the text

Provided that no such notification shall be made for a period exceeding one year at a time.

Actors expressly appearing in the text

Appropriate Government

Full statutory text — Section 128

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.

128. Power to exempt during public emergency.—In case of a public emergency or disaster or
pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any
workplace or work activity or class thereof from all or any of the provisions of this Code for such period
and subject to such conditions as it may think fit:
   Provided that no such notification shall be made for a period exceeding one year at a time.
   Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby
the security of India or any part of the territory thereof is threatened, whether by war or external
aggression or internal disturbance.

How to apply this provision

Primary statutory test — In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions of this Code for such period and subject to such conditions as it may think fit:
Additional operative limb — Provided that no such notification shall be made for a period exceeding one year at a time.
Qualification / exception to test — Provided that no such notification shall be made for a period exceeding one year at a time.
Numerical or timing control — Provided that no such notification shall be made for a period exceeding one year at a time.
Evidence file — retain facts and records proving the role/status of: Appropriate Government.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 128 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

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 power to exempt during public emergency, 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: “Provided that no such notification shall be made for a period exceeding one year at a time.” Also test the express qualification/proviso before concluding the result.

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 128

What does Section 128 of the OSHWC Code cover?

What is the main legal requirement or power in Section 128?

The first operative clause identified from the official text is: “In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions of this Code for such period and subject to such conditions as it may think fit:” Read it with the remaining subsections and any proviso below.

Does Section 128 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that no such notification shall be made for a period exceeding one year at a time.”

What time limit, percentage or amount appears in Section 128?

The provision contains this numerical/time expression: “Provided that no such notification shall be made for a period exceeding one year at a time.” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 128?

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 128 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.