CODE ON OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS, 2018
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Arrangement of Clauses:
Chapter I: Preliminary
Short title, extent and commencement
Definitions
Chapter II: Registration
Registration of certain establishments
Appeal
Notice by employer of commencement and cessation of operation
Chapter III: Duties of Employer and Employees, etc.
Duties of employer
Duties and responsibilities of owners, agents and managers in relation to mine
Duties of manufacturers
Duties of architects, project engineers and designers
Notice of certain accident
Notice of certain dangerous occurrences
Notice of certain diseases
Duties of employees
Rights of employee
Duty not to interfere with or misuse things
Chapter IV: Occupational Safety and Health
National Occupational Safety and Health Advisory Board
State Occupational Safety and Health Advisory Board
Occupational Safety and Health Standards
Research related activities
Safety and occupational health surveys
Statistics
Safety Committee and Safety Officers
Chapter V: Health and Working Conditions
Responsibility of employer for maintaining health and working conditions
Chapter VI: Welfare Provisions
Washing facilities in the establishment, etc.
Chapter VII: Hours of Work and Annual Leave with Wages 25. Weekly and daily working hours, etc.
Weekly and compensatory holidays
Extra wages for overtime
Night shifts
Prohibition of overlapping shifts
Restriction on double employment in factory and mine
Notice of periods of work 32. Annual leave with wages, etc.
Chapter VIII: Maintenance of Registers, Records and Returns etc.
Maintenance of registers and records and filing of returns
Chapter IX: Facilitators and other Authority
Appointment of Facilitators
Powers of Facilitators
Special powers of Facilitator in respect of factory, mines and dock work and building and other construction work
Secrecy of information by Chief Facilitator or Facilitator, etc.
Facilities to be afforded to the Facilitator
Powers of Special Officer to enter, measure, etc. in relation to mine
Medical Officer
Chapter X: Special Provision relating to Employment of Women
Applicability of the chapter
Restriction on employment of women
Prohibition on employment of women in dangerous operation
Chapter XI - Special Provisions for Contract Labour and Inter State Migrant Worker, etc.
PART-I Contract Labour and Inter State Migrant Worker
Applicability of this Part
Appointment of licensing officers
Licensing of contractors
Grant of licence
No fees or Commission or any cost to workers
Information regarding work order to be given to the appropriate Government
Revocation, suspension and amendment of license
Appeal
Liability of Principal Employer for welfare facilities
Effect of employing contract labour from a non-licensed Contractor
Responsibility of Payment of wages
Experience Certificate
Prohibition of employment of contract labour
Power to exempt in special cases
Facilities to Inter- State Migrant workers 59. Displacement allowance
Journey allowance etc.
Past liabilities
PART- II Audio-Visual Workers
Prohibition of employment of audio-visual worker without agreement PART- III Mines
Managers
Code not to apply in certain cases
Exemption from provision regarding employment
Decision of question whether a mine is under this Code
PART- IV Beedi and Cigar Workers
Licence to industrial premises and person
Appeals
Permission to work by employees outside industrial premises
Part not to apply to self employed persons in private dwelling houses PART -V Building and other Construction Worker
Prohibition of employment of certain persons in certain building or other construction work PART- VI Factory
Approval, licensing and registration of factories
Liability of owner of premises in certain circumstances
Power to apply the Code to certain premises
Dangerous operations
Constitution of Site Appraisal Committee
Compulsory disclosure of information by the occupier
Specific responsibility of the occupier in relation to hazardous processes
Power of Central Government to appoint Inquiry Committee
Emergency standards
Permissible limits of exposure of chemicals and toxic substances
Workers' participation in safety management
Right of workers to warn about imminent danger
Power to direct inquiry into cases of accident or disease in a factory
Appeal against the order of facilitator in case of factory
Power to make exempting rules and order
Chapter XII: Offences, Penalties and Procedure
General penalty for offences
Causing obstruction to deter Chief Facilitator or Facilitator from duty, etc.
Non-maintenance of register and records and non-filing of returns, etc. etc.
Contravention of provisions regarding employment of worker including women, audio-visual worker and contract labour, etc
Falsification of records, etc.
Penalty on disclosure of information
Penalty for wrongfully disclosing results of analysis of a sample of substance used or intended to be used
Penalty for contravention of the provisions of duties relating to hazardous processes
Penalty for contravention of the provisions of duties relating to safety provisions resulting in an accident
Failure to appoint manager in a mine
Offences by employees
Prosecution of owner, agent or manager of a mine
Exemption of owner, agent or manager of a mine or occupier of a factory from liability in certain cases 100. Offences by companies, etc.
Limitation of Prosecution and cognizance of offence
Jurisdiction of a court for entertaining proceedings, etc., for offence
Power of Court to make orders
Compounding of offences
Chapter XIII: Miscellaneous
Delegation of powers
Onus as to age
Onus of proving limits of what is practicable, etc.
Effect of law and agreements inconsistent with this Code
Power of the appropriate Government to direct inquiry in certain cases
Publication of reports
Powers of Central Government to give directions
General restriction on disclosure of information
Jurisdiction of civil courts barred
Protection of action taken in good faith
Power to exempt in special cases
Power to exempt during public emergency
Power to exempt public institution
Persons required to give notice, etc., legally bound to do so
Power to remove difficulties
Power of the appropriate Government to make rules
Power of the Central Government to make rules
Power of the State Government to make rules
Power of Central Government to make regulations in relation to mines and dock work
Prior publication of regulation and rules in relation to mine and dock work
Power to make regulation without previous publication
Bye-laws
Laying regulations, rules and bye laws before parliament
Laying of rules made by State Government
Repeal and Savings
The First Schedule
The Second Schedule The Third Schedule
CODE ON OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS, 2018
A Bill
to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and the matters connected therewith or incidental thereto.
BE it enacted by Parliament in the sixty-ninth Year of the Republic of India as follows:-
Chapter I
Preliminary
Short title, extent and commencement
This Act may be called the Code on Occupational Safety, Health and Working Conditions, 2018.
It extends to the whole of India:
Provided that the provision of this Code in so for as are concerned with the beedi and cigar and plantation shall not be applicable in the state of Jammu and Kashmir.
It shall come into force on such date as the Central Government may, by notification appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision.
Definitions – (1) In this Code, unless the context otherwise requires,-
(a) “adolescent” shall have the meaning as assigned to it in clause (i) of section 2 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of 1986);
(b)“adult” means a person who has completed his eighteenth year;
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