Section 3 Occupational Safety, Health and Working Conditions Code, 2020
Section 3 Occupational Safety, Health and Working Conditions Code, 2020:
Registration of certain establishments. - (1) Every employer of any establishment,-
(a) which comes into existence after the commencement of this Code; and
(b) to which this Code shall apply,
shall, within sixty days from the date of such applicability of this Code, make an application electronically to the registering officer appointed by the appropriate Government (hereinafter referred to as the registering officer) for the registration of such establishment:
Provided that the registering officer may entertain any such application for registration after the expiry of such period on payment of such late fees as may be prescribed by the appropriate Government.
(2) Every application under sub-section (1) shall be submitted to the registering officer in such manner, in such form, containing such particulars including the information relating to the employment of inter-State migrant workers and shall be accompanied by such fees as may be prescribed by the appropriate Government.
(3) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration electronically to the employer thereof in such form and within such time and subject to such conditions as may be prescribed by the Central Government:
Provided that if the registering officer fails to register an establishment under the application so made or to entertain the application within the prescribed period, then, such establishment shall be deemed to have been registered under this Code immediately on the expiration of such period and the electronic certificate of registration shall be auto generated and the responsibility of such failure shall be on the registering officer.
(4) Any change in the ownership or management or in any particulars referred to in sub-section (2) which occurs after the registration of an establishment under this Code, shall be intimated by the employer electronically to the registering officer within thirty days of such change in such form as may be prescribed by the Central Government and thereafter the registering officer shall make amendment in the certificate of registration electronically in such manner as may be prescribed by the Central Government.
(5) The employer of an establishment shall, within thirty days of the closing of the establishment-
(a) inform the closing of such establishment; and
(b) certify payment of all dues to the workers employed in such establishment,
to the registering officer in such manner as may be prescribed by the Central Government and the registering officer shall, on receiving such information and certificate remove such establishment from the register of establishments maintained by him and cancel the registration certificate of the establishment within sixty days from the receipt of such information :
Provided that if the registering officer fails to cancel the registration certification of the establishment under this sub-section within such sixty days, then, the registration certificate of such establishment shall be deemed to have been cancelled under this Code immediately on the expiration of such period of sixty days and the cancellation of registration certificate shall be auto generated and the responsibility of such failure shall be on the registering officer.
(6) If an employer of an establishment-
(a) has obtained the registration of his establishment by misrepresentation or suppression of any material fact, or
(b) has obtained the registration of his establishment so fraudulently or otherwise that the registration has become useless or ineffective to run the establishment,
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.
Supreme Court of India Important Judgments And Leading Case Law Related to Section 3 Occupational Safety, Health and Working Conditions Code, 2020 ( in Hindi ) : Not Yet Available
To download this dhara / Section of OSHWC Code 2020 in pdf format use chrome web browser and use keys [Ctrl + P] and save as pdf.