In force · As amended up to 2026-08
13. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
3. In the light of above, the Occupational Safety, Health and Working Conditions Code, 2019 was introduced in Lok Sabha on the 23rd day of July, 2019 and the same was referred to the Department related Parliamentary Standing Committee on Labour. The said Committee recommended several substantive modifications to the said Code. In addition to the said modifications, the Government of India has also proposed certain changes to the said Code in the light of COVID-19 Pandemic. In view of this, the Government of India has decided to withdraw pending the Occupational Safety, Health and Working Conditions Code, 2019 and to introduce the Occupational Safety, Health and Working Conditions Code, 2020. The proposed Code simplifies, amalgamates and rationalises the provisions of the aforesaid thirteen enactments with certain important changes which, inter alia, are as under:—
(i) to impart flexibility in adapting technological changes and dynamic factors, in the matters relating to health, safety, welfare and working conditions of workers;
(ii) to apply the provisions of the proposed Code for all establishments having ten or more workers, other than the establishments relating to mines and docks;
(iii) to provide the concept of "one registration" for all establishments having ten or more employees. However, for the applicability of all other provisions of the Code in respect of factories, except registration, the threshold has been fixed twenty workers in a factory (with power) and forty workers (without power);
(iv) to include the journalist working in electronic media such as in e-paper establishment or in radio or in other media in the definition of "working journalists";
(v) to provide for issuing of appointment letter mandatorily by the employer of an establishment to promote formalisation in employment;
(vi) to provide free of cost annual health check-ups for employees above the specified age in all or certain class of establishments by which it would be possible to detect diseases at an early stage for effective and proper treatment of the employees;
(vii) to make the provisions relating to Inter-State Migrant Workers applicable on the establishment in which ten or more migrant workers are employed or were employed on any day of the preceding twelve months and also provide that a Inter-State Migrant may register himself asan Inter-State Migrant Worker on the portal on the basis of self-declaration and Aadhaar;
(viii) an Inter-State Migrant Worker has been provided with the portability to avail benefits in the destination State in respect of ration and availing benefits of building and other construction worker cess;
3. Foundries (ferrous and non-ferrous)
— Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting.
(ix) to constitute the National Occupational Safety and Health Advisory Board to give recommendations to the Central Government on policy matters, relating to occupational safety, health and working conditions of workers;
(x) to constitute the State Occupational Safety and Health Advisory Board at the State level to advice the State Government on such matters arising out of the administration of the proposed Code;
(xi) to make a provision for the constitution of Safety Committee by the appropriate Government in any establishment or class of establishments;
(xii) to employ women in all establishments for all types of work. They can also work at night, that is, beyond 7 PM and before 6 AM subject to the conditions relating to safety, holiday, working hours and their consent;
(xiii) to make provision of "common license" for factory, contract labour and beedi and cigar establishments and to introduce the concept of a single all India license for a period of five years to engage the contract labour;
(xv) to provide overriding powers to the Central Government to regulate general safety and health of persons residing in whole or part of India in the event of declaration of epidemic or pandemic or disaster;
(xvi) to make provision for Social Security Fund for the welfare of unorganised workers; and
(xvii) to make provision for adjudging the penalties imposed under the Code.
THE THIRD SCHEDULE
[ See section 12(1)]
List of Notifiable Diseases:
then, in case of clause (a) such misrepresentation or suppression of any material fact shall be deemed to be the contravention of the provisions of this Code for prosecution of the employer under section 94 without affecting the registration and running of the establishment and in case of clause (b) the registering officer may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration by an order and such process for revocation shall be completed by the registering officer within sixty days from coming into his notice the facts specified in clause (b).
- (7) No employer of an establishment who—
- (a) has not registered the establishment under this section; or
(b) has not preferred appeal under section 4 against the cancellation of the registration certificate of the establishment under sub-section (5) or revocation of the registration of the establishment under sub-section (6) or the appeal so preferred has been dismissed,
shall employ any employee in the establishment.
(8) Notwithstanding anything contained in this Code, where any establishment, to which this Code applies, has already been registered under any—
(a) Central Labour law; or
(b) any other law which may be notified by the Central Government and which applies to the establishment which is in existence at the time of the commencement of this Code,
shall be deemed to have been registered under the provisions of this Code, subject to the condition that the registration holder provides the details of registration to the concerned registering officer within such time and in such form as may be prescribed.
Source: India Code