Rule 11 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 11 sets out how the members of the National Occupational Safety and Health Advisory Board are appointed, when they may resign or cease to be members, what disqualifies them, how they can be removed and how their travelling allowance is handled. It is an administrative rule, but it shapes the body that advises the Central Government on standards, rules and policy under the OSH Code.
The Central Government appoints the members in section 16(2) clauses (g), (j), (k), (l) and (m) by notification. A non-ex-officio member may resign by letter to the Chairperson; the seat falls vacant when the resignation is accepted or 30 days after receipt, whichever is earlier. A member who misses three consecutive meetings without leave ceases to be a member, subject to a proviso. Removal needs a reasonable opportunity to make a representation.
The Board in the Code
Section 16 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) requires the Central Government to constitute the National Board by notification. It advises the Central Government on standards, rules and regulations, implementation of the Code, policy and programme issues, and any other matter referred to it. Its members include ex officio office-holders such as the Secretary, Ministry of Labour and Employment (Chairperson), the Directors General for Labour Institutes, Mines Safety, ESIC and Health Services, and others, plus rotating Principal Secretaries of four States, five representatives of employers, five of employees, a representative of a professional body and five eminent persons in the field. The terms of members under clauses (g), (j), (k), (l) and (m) of section 16(2) are three years, and the procedure for nomination and discharge of functions is as prescribed by the Central Government. See our section 16 explainer for the composition in detail.
Rule 11 is that prescription. A Board that advises on standards affects every employer and every compliance professional who follows the Code; if you track rule-making for a business or a client group, our legal consultation service can help you follow the relevant consultations.
Rule 11 at a glance
| Sub-rule | Subject | Content |
|---|---|---|
| 11(1) | Appointment | Members in clauses (g), (j), (k), (l) and (m) of section 16(2) are appointed by the Central Government through notification |
| 11(2) | Meetings | The Board may meet to discharge its functions under section 16(1) as and when required |
| 11(3) | Resignation | A member who is not ex officio resigns by letter to the Chairperson |
| 11(4) | Vacancy on resignation | Seat falls vacant from the date the Central Government accepts, or on expiry of thirty days from receipt of the letter, whichever is earlier |
| 11(5) | Non-attendance | Non-ex-officio member absent from three consecutive meetings without leave sanctioned by the Chairperson ceases to be a member; proviso allows the Central Government to direct otherwise for sufficient cause |
| 11(6) | Disqualification | Unsound mind declared by a competent authority; undischarged insolvent; convicted for an offence carrying imprisonment of three months or more |
| 11(7) | Removal | Central Government may remove a member who has ceased to represent the interest the member purports to represent, after a reasonable opportunity to make a representation |
| 11(8) | TA of official members | Governed by the rules applicable to official journeys, paid by the authority paying the salary |
| 11(9) | TA of non-official members | As per instructions of the Department of Expenditure, Ministry of Finance |
Reading the sub-rules
Meetings "as and when required". Rule 11(2) fixes no minimum number of meetings. The Board meets when needed, and the text says nothing about quorum or procedure; the rule does not add anything beyond the text of the Code on these points.
Resignation. Only a non-ex-officio member may resign under rule 11(3). An official who sits by virtue of office does not resign from the Board; that person's membership follows the office. The vacancy arises on the earlier of acceptance by the Central Government and thirty days from the date the Government receives the letter, so a resignation cannot be held up beyond thirty days.
Missing three meetings. The rule in 11(5) removes the membership automatically after three consecutive absences without leave sanctioned by the Chairperson. The proviso lets the Central Government direct that cessation will not take place if the member was prevented by sufficient cause. The member then continues.
Disqualification. The three grounds in rule 11(6) are declared unsoundness of mind, being an undischarged insolvent, and a conviction for an offence that carries imprisonment of three months or more. The third ground is framed by the penalty the offence carries, as the text reads "an offence, having a penalty of imprisonment of three months or more".
Removal. Rule 11(7) is tied to representation: the Central Government can remove a member who has ceased to represent the interest that the member purports to represent, for example an employer's or an employee's representative who no longer speaks for that constituency. The proviso prevents removal without a reasonable opportunity to make a representation.
Travelling allowance. Official members are paid under the rules applicable to their own official journeys by the authority paying the salary. Non-official members are paid under instructions issued by the Department of Expenditure, Ministry of Finance, Government of India. The rule does not mention sitting fees and sets no amounts.
What rule 11 does not cover
Rule 11 is silent on the Board's secretariat, its quorum, sitting fees and the procedure for proposing standards. The terms of service of the Board's supporting officers are left by section 16(4) of the Code to the Central Government. Technical and advisory committees to assist the Board come under section 16(5) of the Code and rule 12; see our rule 12 explainer.
The National Board is a Central body. Where the State Government is the appropriate Government, the State Board under section 17 of the Code and the State's own rules apply.
Why this matters to employers
The Board does not regulate individual establishments. Its influence is indirect: it advises on standards, rules and regulations that are later declared or framed, and on the implementation of the Code. Employers' and employees' representatives on the Board can shape what standards look like. Trade bodies and industry associations that nominate representatives should understand the tenure and removal rules, since a member who stops representing the nominating interest can be removed.
Practical examples
Example 1. An employers' representative on the Board travels abroad for four months and misses three consecutive meetings without the Chairperson's leave. Under rule 11(5) the member ceases to be a member, unless the Central Government, satisfied of sufficient cause, directs otherwise.
Example 2. A non-official member submits a resignation letter on 1 March and the Central Government has not accepted it by 31 March. The seat falls vacant on the expiry of thirty days from receipt of the letter, because that is earlier than acceptance.
Need help following OSH rule-making?
Standards and rules made on the Board's advice change compliance obligations over time. If you want a structured view of what is notified, what is pending and what applies to your sector, our legal consultation team can prepare a briefing based on the current text.
Key takeaways
- Members under section 16(2)(g), (j), (k), (l) and (m) are appointed by notification.
- A non-ex-officio member resigns by letter to the Chairperson; the vacancy arises on acceptance or after thirty days, whichever is earlier.
- Three consecutive missed meetings without leave end membership, unless the Central Government directs otherwise.
- Disqualification covers unsound mind, undischarged insolvency and conviction carrying imprisonment of three months or more.
- Removal requires a reasonable opportunity to be heard.
- Travelling allowance follows government instructions; the rule sets no amounts.
Read next
- Section 16 of the OSH Code: National Occupational Safety and Health Advisory Board
- Rule 12: technical committees and advisory committees
- Rule 13: statistics and portal for inter-State migrant workers
- Section 18 of the OSH Code: occupational safety and health standards
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.