India files comprehensive OSH bill to the House

Consolidate 13 labour-related laws into one

On July 23, 2019, in India, the bill namely “Occupational Safety, Health and Working Conditions Code, 2019” has been filed to the Lok Sabha (House of Representatives) , which would repeal 13 labour-related laws.

The structure and main provisions of this bill are as follows.

 

Chapter I: Preliminary

Chapter II: Registration

The employer in relation to the establishment, including the factory, must submit an application for registration of the building to the registering officer by the prescribed date.

Chapter III: Duties of employer and employees, etc.

Chapter IV: Occupational safety and health

The Central Government shall fix occupational safety and health standards for workplaces in factories etc. by notification.

Chapter V: Health and working conditions

Chapter VI: Welfare provisions

Chapter VII: Hours of work and annual leave with wages

Chapter VIII: Maintenance of registers, records and returns

The person in charge of the building (employer) shall keep records including the number of hours worked by the workers, vacation taken, wages paid, paid leave, overtime hours, occurrence of dangerous situations, etc.

Chapter IX: Inspector-cum-facilitators and other authority

Chapter X: Special provision relating to employment of women

Chapter XI: Special provisions for Contract labour and inter-state migrant workers, etc.

Chapter XII: Offences and penalties

A fine of Rs. 200,000 to Rs. 300,000 shall be imposed on the person in charge of the building (employer) for violation of this Act and the rules and standards laid down under this Act. In case the violation continues after conviction, a fine of up to Rs. 2,000 per day will be added.

Chapter XIII: Miscellaneous

 

The thirteen labour-related acts that will be consolidated in this bill are as follows. When the bill is formally published, the following laws will be repealed.

  • Factories Act, 1948
  • Mines Act, 1952
  • Dock Workers (Safety, Health and Welfare) Act, 1986
  • Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
  • Plantations Labour Act, 1951
  • Contract Labour (Regulation and Abolition) Act, 1970
  • Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act, 1979
  • Working Journalist and other Newspaper Employees (Conditions of Service and Misc. Provision) Act, 1955
  • Working Journalist (Fixation of rates of wages) Act, 1958
  • Motor Transport Workers Act, 1961
  • Sales Promotion Employees (Condition of Service) Act, 1976
  • Beedi and Cigar Workers (Conditions of Employment) Act, 1966
  • Cine Workers and Cinema Theatre Workers Act, 1981

 

The bill can be downloaded from the following URL (in English)

http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/186_2019_LS_Eng.pdf