Labour Law Expertsby Chheda Consultants

Chapter XII · OSH Code

Offences and Penalties

This chapter sets the price of breaking the Code: money penalties of ₹2 lakh to ₹3 lakh for breaches with no specific penalty, and jail or heavy fines for falsifying records, obstructing Inspectors, breaching hazardous-process duties or causing an accident. It also decides who answers for a breach (the employer, company officers, the actual offender or the worker) and sets the procedure: a 30-day chance to comply before prosecution, a 6-month limit on complaints, penalties imposed by government officers with an appeal, and compounding of many offences for a fixed share of the maximum.

21 sections ~19 min read Official text, PDF pp. 54–59
Factory owners and occupiersHR and compliance managersCompany directors and partnersMine owners, agents and managers

Key points

  1. 1Any breach of the Code, its rules, standards or a written order that has no specific penalty makes the employer or principal employer liable to ₹2 lakh to ₹3 lakh, plus up to ₹2,000 a day if the breach continues after conviction. §94
  2. 2Not maintaining a register, not filing a return or not producing a required record costs ₹50,000 to ₹1 lakh; failing without reasonable excuse to make or furnish a required plan, return or report in the prescribed form, manner or time costs ₹1 lakh to ₹2 lakh; falsifying records can mean jail. §96§98§99
  3. 3A breach that causes an accident resulting in death can bring up to 2 years' jail or a fine of at least ₹5 lakh, or both, and a repeat conviction doubles the punishment. §103
  4. 4When a company or firm commits an offence, the people in charge of its business are also guilty unless they prove lack of knowledge or due diligence, while an employee who breaches an employee duty can be penalised up to ₹10,000. §109§106
  5. 5Before prosecuting, the Inspector-cum-Facilitator must give the employer 30 days to comply, except after an accident or a repeat violation of the same nature within 3 years, and the Inspector's complaint must be made within 6 months of the offence coming to the Inspector's knowledge. §110
  6. 6Money penalties can be imposed by a government officer after an enquiry, with an appeal within 60 days, and many offences can be compounded for 50% of the maximum penalty or 75% of the maximum fine. §111§114

At a glance

₹2 lakh to ₹3 lakh, plus up to ₹2,000 a day if continued after convictionGeneral penalty for a breach with no specific penaltySection 94₹50,000 to ₹1 lakh (₹50,000 to ₹2 lakh on repeat)Not maintaining or producing registers, or not filing returnsSection 96Up to 2 years' jail, or a fine of at least ₹5 lakh, or bothBreach causing an accident resulting in deathSection 10330 days from the date of the noticeTime to comply after the Inspector's notice, before prosecutionSection 1106 months from when the offence came to the Inspector's knowledgeDeadline for the Inspector's complaint to the courtSection 11050% of the maximum penalty, or 75% of the maximum fine for an offenceCompounding amountSection 114
Earlier law:Factories Act, 1948Mines Act, 1952Contract Labour (Regulation and Abolition) Act, 1970Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996Dock Workers (Safety, Health and Welfare) Act, 1986
94

General penalty for offences

In plain words

Where the Code sets no specific penalty, any breach of the Code, its rules, regulations, bye-laws, standards or a written order makes the employer or principal employer liable to a penalty of ₹2 lakh to ₹3 lakh, plus up to ₹2,000 a day if the breach continues after conviction.

Save as otherwise expressly provided in this Code, if in, or in respect of, any establishment, there is any contravention of the provisions of this Code or regulations or rules, or bye-laws or any of standards, made thereunder or of any order in writing given under this Code or such regulations or rules or bye-laws or standards, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 54
95

Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc

In plain words

Wilfully obstructing an Inspector-cum-Facilitator or other authorised officer, refusing them entry, failing to produce a required document or ignoring a requisition or order is punishable with up to 3 months' jail, a fine up to ₹1 lakh, or both; a repeat conviction raises this to up to 6 months' jail, a fine of ₹1 lakh to ₹2 lakh, or both.

(1)

Whoever wilfully—

(i)

prevents or causes obstruction to a Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or an officer of the appropriate Government or a person authorised to discharge any duty or to exercise any powers under this Code or the rules or the regulations or the bye-laws made thereunder, from discharging such duty or exercising such power; or

(ii)

refuses entry to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator or person or public authority referred to in clause (i) of sub-section (1) of section 35 or expert referred to in section 37, to any place where such Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or such person or authority or expert is entitled to enter; or

(iii)

fails or refuses to produce any document which he is required to produce; or

(iv)

fails to comply with any requisition or order issued to him,

under this Code or the rules, regulations or bye-laws made thereunder he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.

(2)

Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 54
96

Penalty for non-maintenance of register, records and non-filing of returns, etc

In plain words

Failing to maintain a required register or document, file a return, or produce a register, plan, record or report attracts a penalty of ₹50,000 to ₹1 lakh, or ₹50,000 to ₹2 lakh on a repeat conviction.

(1)

Any person, who is required under this Code or the rules or regulations or bye-laws or order made thereunder, to—

(i)

maintain any register or other document or to file returns, omits or fails to maintain such register or document or to file such returns; or

(ii)

produce any register or plan or record or report or any other document, omits or fails to produce such register or plan or record or report or such other document,

he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.

(2)

Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 54
97

Punishment for contravention of certain provisions

In plain words

Contravening the Code, its rules, or an order prohibiting, restricting or regulating the employment of workers (including women, audio-visual workers, contract labour and, in mines, employees under 18) attracts a penalty of ₹50,000 to ₹1 lakh; a repeat conviction can mean up to 3 months' jail, a fine up to ₹2 lakh, or both.

(1)

Any person, who, save as permitted by or under this Code, contravenes, any—

(i)

provision of this Code or of any rule, regulation or bye-laws; or

(ii)

order made under this Code prohibiting, restricting or regulating the employment of workers including women, audio-visual worker and contract labour and employee below eighteen years of age in case of mines,

he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.

(2)

Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 55
98

Punishment for falsification of records, etc

In plain words

Producing false or counterfeit records, knowingly using a false statement or evidence, falsifying a required plan or section, or knowingly giving a false return, notice, record or report is punishable with up to 3 months' jail, a fine up to ₹1 lakh, or both; a repeat conviction means up to 6 months' jail, a fine of ₹1 lakh to ₹2 lakh, or both.

(1)

Whoever—

(a)

produces false records or counterfeits or knowingly makes or produces or uses a false statement, declaration or evidence regarding any document in connection with compliance of any of the provisions of this Code or any rules, regulations or bye-laws or any order made thereunder; or

(b)

falsifies any plan or section, the maintenance of which is required by or under this Code or produces before any authority such plan or section, knowing the same to be false; or

(c)

makes, gives or delivers knowingly a false plan, section, return, notice, record or report containing a statement, entry or detail,

he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.

(2)

Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 55
99

Penalty for omission to furnish plans, etc

In plain words

Failing, without reasonable excuse, to make or furnish a required plan, section, return, notice, register, record or report in the prescribed form, manner or time attracts a penalty of ₹1 lakh to ₹2 lakh, and it is for that person to prove the excuse.

Any person who, without reasonable excuse the burden of proving which shall lies upon him, omits to make or furnish in the prescribed form or manner or at, or within, the prescribed time any plan, section, return, notice, register, record or report required by or under any provision of this Code to be made or furnished, he shall be liable to penalty which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 55
100

Punishment for disclosure of information

In plain words

An Inspector-cum-Facilitator or other person covered by section 39 or 121 who discloses protected information without the appropriate Government's consent is punishable with up to 3 months' jail, a fine up to ₹1 lakh, or both, and can be tried only with the government's prior sanction.

(1)

Whoever being the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or any other person referred to in section 39 or section 121 discloses, contrary to the provisions of that section, any such information as is referred to in that section without the consent of the appropriate Government, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.

(2)

No court shall proceed with the trial of any offence under this section except with the previous sanction of the appropriate Government.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 55
101

Punishment for wrongfully disclosing results of analysis

In plain words

Publishing or disclosing the results of analysis of a sample of a substance used or intended to be used in a process, except as needed for a prosecution under the Code, is punishable with up to 6 months' jail, a fine up to ₹50,000, or both.

Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Code, publishes or discloses to any person the results of an analysis, of a sample of substance used or intended to be used in any process under this Code, shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to fifty thousand rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 56
102

Punishment for contravention of provisions of duties relating to hazardous processes

In plain words

Breaching duties relating to hazardous processes under sections 6(1)(a) to (h), 6(2) and 13(d), or under section 80, is punishable with up to 2 years' jail and a fine up to ₹5 lakh, plus up to ₹25,000 a day if it continues after conviction; if it continues more than a year after conviction, up to 3 years' jail or a fine of ₹20 lakh, or both.

(1)

Whoever fails to comply with or contravenes any of his duties specified under—

(i)

clauses (a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such duty relates to hazardous processes; or

(ii)

section 80,

shall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may extend to five lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.

(2)

If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 56
103

Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident

In plain words

If breaching any duty under the Code causes an accident or dangerous occurrence resulting in death, the punishment is up to 2 years' jail or a fine of at least ₹5 lakh, or both; for serious bodily injury to anyone in the establishment, up to 1 year or a fine of ₹2 lakh to ₹4 lakh, or both; a repeat conviction doubles the punishment.

(1)

If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing—

(a)

death, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both; or

(b)

serious bodily injury to any person within the establishment, he shall be punishable with imprisonment for a term which may extend to one year, or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both:

Proviso

Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.

(2)

Where a person having been convicted under sub-section (1) is again convicted thereunder, shall be punishable with double the punishment provided under that sub-section for first conviction.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 56
104

Special provision for contravention of order under section 38

In plain words

Continuing to work in breach of a general or special order issued under section 38 is punishable with up to 2 years' jail and a fine up to ₹5 lakh, and a court that fines less than ₹2 lakh must record its reasons in the judgment.

Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:

Proviso

Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgment the reasons for imposing such fine.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 56
105

Failure to appoint manager in mine

In plain words

Failing to appoint a manager for a mine as required by section 67 is punishable with up to 3 months' jail, a fine up to ₹1 lakh, or both.

Whoever in compliance of the provisions of section 67, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 56
106

Offences by employees

In plain words

An employee who breaches a duty the Code or its rules or orders place on employees can be penalised up to ₹10,000, and the employer is not guilty of that breach unless it is proved the employer failed to take all reasonable measures to prevent it.

(1)

Subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made thereunder, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.

(2)

Where an employee is convicted of an offence punishable under sub-section (1), the employer of the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 57
107

Prosecution of owner, agent or manager of mine

In plain words

A mine's owner, agent or manager can be prosecuted only at the instance of the Chief Inspector-cum-Facilitator, the District Magistrate or an Inspector-cum-Facilitator authorised in writing, who must first be satisfied that due diligence was not exercised; for offences in the technical direction and management of a mine, the District Magistrate also needs the Chief Inspector-cum-Facilitator's prior approval.

No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:

Proviso

Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:

Proviso

Provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 57
108

Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases

In plain words

A mine's owner, agent or manager, or a factory's employer or occupier, who is charged with an offence can, on at least 3 clear days' written notice to the prosecutor, bring the person they say actually committed it before the court; if they prove due diligence, or that it happened without their knowledge, consent or connivance, that person is convicted instead and they are discharged.

Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court—

(a)

that he has exercised due diligence to enforce the execution of this Code, or

(b)

that the said other person committed the offence in question without his knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and the owner, agent or manager of a mine or the occupier or the manager of the factory shall be, discharged from any liability under this Code in respect of such offence:

Proviso

Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:

Proviso

Provided further that, if the person charged as the actual offender by the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and shall, if the offence be proved, convict him.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 57
109

Offences by companies, etc

In plain words

When a company commits an offence, the company and every person in charge of and responsible for its business at the time are guilty unless that person proves lack of knowledge or due diligence, and any director, manager, company secretary or other officer whose consent, connivance or neglect led to it is also guilty.

(1)

Where an offence under this Code has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Proviso

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2)

Notwithstanding anything contained in sub-section (1) where any offence under this Code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, company secretary or other officer of the company, such director, manager, company secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation

Explanation.—For the purposes of this section,—

(a)

"company" means any body corporate and includes a firm or other association of individuals; and

(b)

"director" means,—

(i)

in relation to a firm a partner thereof; or

(ii)

the owner of a mine being a firm or other association of individuals or a company; or

(iii)

in case of association of individuals other than specified in sub-clause (ii), any of its members.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 58
110

Limitation of prosecution and cognizance of offences

In plain words

Before prosecuting an employer, the Inspector-cum-Facilitator must give a notice and 30 days to comply, and no prosecution follows if the employer complies, except after an accident or a repeat violation of the same nature within 3 years; a court can act only on the Inspector's complaint filed within 6 months of learning of the offence, and only a Metropolitan Magistrate or Judicial Magistrate of the First Class or higher can try it.

(1)

Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer complies with such provisions within such period, then, no such proceeding shall be initiated against such employer:

Proviso

Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of sub-section (2).

(2)

No court shall take cognizance of any offence punishable under this Code, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him.

(3)

No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Code.

Explanation

Explanation.—For the purposes of this section,—

(a)

in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;

(b)

where for the performance of any act, time is granted or extended on an application made by the employer of an establishment, the period of limitation shall be computed from the date on which the time so granted or extended expired.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 58
111

Power of officers of appropriate Government to impose penalty in certain cases

In plain words

The government can appoint an officer of at least Under Secretary rank to hold an enquiry and impose the penalties under sections 12(3), 94, 96, 97, 99, 106 and 114(3); an appeal lies within 60 days to an officer of at least Deputy Secretary rank, who decides within 60 days, and not paying the penalty within 90 days is punishable with a fine of ₹25,000 to ₹2 lakh.

(1)

Notwithstanding anything contained in section 110, for the purpose of imposing penalty under sub-section (3) of section 12 or sections 94, 96, 97, 99, 106 and sub-section (3) of section 114, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government.

(2)

While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject-matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with the provisions of that sub-section.

(3)

Any person aggrieved by an order made by the officer under sub-section (2) may prefer an appeal, in such form and manner and accompanied by such fee as may be prescribed, to the appellate authority to be appointed by the appropriate Government from amongst officers not below the rank of Deputy Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, within sixty days from the date on which the copy of the order made by the officer referred in sub-section (1) is received by the aggrieved person.

(4)

The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against, within a period of sixty days from the date of receipt of appeal.

(5)

Where a person fails to pay the penalty so imposed within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend up to two lakh rupees.

(6)

The amount of penalty imposed and received under this section shall be credited to the fund established under sub-section (1) of section 115.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 59
112

Jurisdiction of court for entertaining proceedings, etc., for offence

In plain words

To decide which court can hear a case, an offence connected with an establishment is treated as committed where the establishment is located at the time.

For the purposes of conferring jurisdiction on any court in relation to an offence under this Code or the rules, regulation or bye-laws made thereunder in connection with an establishment, the place where the establishment is for the time being situated, shall be deemed to be the place where such offence has been committed.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 59
113

Power of court to make orders

In plain words

When the employer of a mine, factory or dock is convicted, the court can also order specific remedial measures within a set time, which it can extend on application; a mine or factory employer is not liable for the continuing offence during that time, but not complying by the deadline is a further offence punishable with up to 6 months' jail, a fine up to ₹100 for each day of non-compliance, or both.

(1)

Where the employer of a mine or a factory or a dock is convicted of an offence punishable under this Code, the court may, in addition to awarding him any punishment, by order in writing, require him within the period specified in the order (which may be extended by the court from time to time on application made in this behalf) to take such measures as may be specified in the order for remedying the matters in respect of which the offence was committed.

(2)

Where an order is made under sub-section (1), the employer of the mine or the factory shall not be liable under this Code in respect of the continuance of the offence during the period or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, employer shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 59
114

Composition of certain offences

In plain words

Many penalties and offences under the Code, listed in this section, can be compounded by a notified government officer, before or after the enquiry or prosecution, for 50% of the maximum penalty or 75% of the maximum fine, which ends all proceedings for it; not complying with the compounding order adds a penalty of 20% of the maximum, and compounding is not available for a second or later offence within 3 years of an earlier compounding or conviction.

(1)

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any penalty under sub-section (3) of section 12 or section 94 or section 96 or sub-section (1) of section 97 or section 99 or section 106 or sub-section (3) or any offence under sub-section (2) of section 97 or sub-section (1) of section 100 or section 101 or clause (b) of sub-section (1) of section 103 or section 105 or sub-section (2) of section 113 may either before or after the holding the enquiry or, as the case may be, of institution of prosecution may be compounded by such officer of the appropriate Government as may be notified by that Government in the manner as may be prescribed by it—

(a)

in a case of penalty for a sum of fifty per cent. of the maximum penalty provided for such penalty; and

(b)

in a case of offence for a sum of seventy-five per cent. of the maximum fine provided for such offence.

(2)

Where a penalty or an offence has been compounded under sub-section (1), the person liable for penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall be no further proceedings against him in respect of such penalty or offence.

(3)

Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a penalty equivalent to twenty per cent. of the maximum penalty or fine provided for the penalty or the offence, as the case may be, in addition to the penalty or fine.

(4)

The amount of composition received under sub-section (1) shall be credited to the fund established under sub-section (1) of section 115 for the unorganised workers.

(5)

Nothing contained in sub-section (1) shall apply to a penalty or an offence committed by a person for a second or subsequent time within a period of three years from the date of penalty or offence, as the case may be,—

(a)

which was earlier compounded; or

(b)

for which such person was earlier convicted.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 59

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