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Rajasthan OSHWC Rules, 2026 · Rule 56

Rule 56: Power to take samples of any articles or substances under clause (x) of sub

Explains the operative legal effect of power to take samples of any articles or substances under clause (x) of sub under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.

Final State RuleS.O. 23Effective 30 Jun 2026

Finin2min summary

Explains the operative legal effect of power to take samples of any articles or substances under clause (x) of sub under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.

Jurisdiction: Rajasthan. These are final State rules notified under sections 133 and 135 of the OSHWC Code, 2020 and are not interchangeable with Central or another State's rules.

Full notified Rule text

56. Power to take samples of any articles or substances under clause (x) of sub- section (1) of section 35.- (1) An Inspector-cum-Facilitator may take samples or substances in an establishment as per the inspection scheme mandated under the Official Portal after informing the employer of the establishment, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the establishment, such use being,– (a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of this code or the rules made thereunder; or (b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or injury to the health of worker and employee in the factory or establishment. (2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), he shall, in the presence of the person informed under that sub-rule unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this rule. 472 ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान‍राज-पत्र,‍जून‍30,‍2026‍‍‍‍‍ ‍‍‍‍‍ ‍भाग‍4(ग) (4) The Inspector-cum-Facilitator shall,- (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited laboratory upon any substance submitted to him for analysis and report under this rule, may be used as evidence in any proceeding instituted in respect of the substance.

Official Rajasthan Gazette - S.O. 23

Clause / sub-rule explanation

(1)

(1) An Inspector-cum-Facilitator may take samples or substances in an establishment as per the inspection scheme mandated under the Official Portal after informing the employer of the establishment, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the establishment, such use being,–

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(a)

(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of this code or the rules made thereunder; or

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(b)

(b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or injury to the health of worker and employee in the factory or establishment.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(2)

(2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), he shall, in the presence of the person informed under that sub-rule unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(3)

(3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this rule. 472 ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान‍राज-पत्र,‍जून‍30,‍2026‍‍‍‍‍ ‍‍‍‍‍ ‍भाग‍4(ग)

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(4)

(4) The Inspector-cum-Facilitator shall,-

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(a)

(a) forthwith give one portion of the sample to the person informed under sub-section (1);

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(b)

(b) forthwith send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon;

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(c)

(c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

(5)

(5) Any document purporting to be a report under the hand of any Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited laboratory upon any substance submitted to him for analysis and report under this rule, may be used as evidence in any proceeding instituted in respect of the substance.

Explanation: This sub-rule/clause must be applied with the rule heading, definitions and any linked Code provision. Check whether a prescribed form, authority or threshold is triggered.

Thresholds / timelines found

No standalone numeric threshold extracted; apply the qualitative conditions and linked schedules/forms.

Practical example

A compliance team facing a 'Power to take samples of any articles or substances under clause (x) of sub' event should identify the statutory trigger, responsible actor and documentary evidence from this paragraph before filing, paying, approving or rejecting the transaction.

Q&A

What does Rajasthan Rule 56 cover?

Explains the operative legal effect of power to take samples of any articles or substances under clause (x) of sub under the 2026 Scheme, including who must act, what conditions apply and how the paragraph interacts with the Code on Social Security, 2020.

Does this Rule apply outside Rajasthan?

No. This page explains the final Rajasthan State rule. Other States/UTs may have different final, draft or saved rules.

What should an employer verify before acting?

Confirm applicability under the OSHWC Code, read this Rule with its definitions/schedules/forms, verify the current Rajasthan Gazette and retain evidence of compliance.