Rule 12 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 12 lets the Central Government set up one or more Technical Committees or Advisory Committees to assist the National Occupational Safety and Health Advisory Board. It says who can be nominated, who chairs, how the committees work, and when a member resigns, ceases, is disqualified or is removed.
The Central Government may constitute Technical or Advisory Committees to assist the National Board for the period stated in the constituting order. Nominees need a prescribed degree with not less than twenty years of experience. The Chairperson is nominated by the Central Government. A member who misses two consecutive meetings without the Chairperson's permission ceases to be a member, unless the Central Government directs otherwise.
The Code link
Section 16(5) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) allows the Central Government to constitute as many technical committees or advisory committees, with members of the qualifications it prescribes, to assist the National Board in discharging its functions under section 16(1). Rule 12 prescribes those qualifications and the rules of membership. The National Board itself is covered by rule 11; see our rule 11 explainer and the Code text in our section 16 article.
These committees advise at the policy and standards level. If you want to follow their work and prepare comments for your industry, our legal consultation service can help you read the output against your compliance obligations. State Governments have their own committees under section 17(3) of the Code and their own rules.
Rule 12 at a glance
| Sub-rule | Subject |
|---|---|
| 12(1) | Central Government may constitute one or more committees for the period stated in the constituting order |
| 12(2) | May be multi-member; members from government, public, autonomous or private institutions or industries, research, academic institutions or occupational health |
| 12(3) | Qualification of members (general) |
| 12(4) | Qualification of members (mines) |
| 12(5) | Chairperson nominated by the Central Government |
| 12(6) | Sub-committees may be constituted for specific requirements |
| 12(7) | Procedure and transaction of business as specified by general or special order of the Central Government or the National Board |
| 12(8) | Travelling allowance of non-official members as per Department of Expenditure instructions |
| 12(9)-(11) | Resignation of members and Chairperson; vacancy on acceptance or after thirty days |
| 12(12) | Two consecutive meetings missed without permission: cessation, with proviso |
| 12(13) | Disqualification |
| 12(14) | Removal, with proviso |
Who can be nominated
General committees, rule 12(3). A member may be nominated if the person has one of these qualifications, with experience of not less than twenty years in a regulatory body, industry, research, academic institutions or occupational health:
- a Bachelor's degree in engineering with a Diploma or post-graduate diploma in industrial safety; or
- a Master's degree in Physics or Chemistry; or
- a Bachelor of Medicine and Bachelor of Surgery (MBBS) with Associate Fellow of Industrial Health.
Mines, rule 12(4). For mines, a member may be nominated who has a Bachelor's degree in Mining Engineering with a First Class Manager's Certificate of Competency to manage a coal or metalliferous mine, or a Master of Engineering, Master of Technology or Doctor of Philosophy in mining, mechanical or electrical engineering, or an MBBS, in each case with experience of not less than twenty years in a regulatory body, industry, research, academic institutions or occupational health.
The text says "may be nominated". It does not say that every member must hold the qualification, nor does it require a minimum number of members. The committees "may be multi-member" and draw from government, public, autonomous and private institutions as well as industry, research, academia and occupational health.
How the committees work
The Chairperson is nominated by the Central Government. The committees may form sub-committees for specific requirements. Their rules and procedure for transacting business come from a general or special order of the Central Government or the National Board, issued from time to time. The rule does not itself state a quorum, frequency of meetings or sitting fee. The travelling allowance of non-official members follows the instructions of the Department of Expenditure, Ministry of Finance.
The period for which a committee exists is fixed in the order that constitutes it. Rule 12 does not give a default term.
Resignation, absence, disqualification and removal
Resignation. A non-ex-officio member resigns by letter to the Central Government through the Chairperson. The Chairperson resigns by letter to the Secretary, Ministry of Labour and Employment. The seat falls vacant when the Central Government accepts, or thirty days after receiving the letter, whichever is earlier.
Absence. A non-ex-officio member who fails to attend two consecutive meetings without the Chairperson's permission ceases to be a member. The proviso lets the Central Government, if satisfied that the member was prevented by sufficient cause, direct that the cessation will not take place. Compare rule 11, where the National Board's threshold is three consecutive meetings.
Disqualification. Under rule 12(13) a person is disqualified if of unsound mind and so declared by a competent court, an undischarged insolvent, or convicted of an offence which, in the opinion of the Central Government, involves moral turpitude. If a question arises whether a disqualification has been incurred, the Central Government decides and the decision is to be treated as final. The test for conviction differs from rule 11, which uses a three-month imprisonment threshold.
Removal. The Central Government may remove a member or the Chairperson who has ceased to represent the interest the member purports to represent, but only after giving a reasonable opportunity to make a representation.
Practical relevance
Most employers will never sit on such a committee, but the output can reach them. Standards under section 18 of the Code and rules or regulations may draw on committee work, and draft proposals may be put out for comment. An industry association that nominates an expert should check the rule 12(3) or (4) qualifications and the twenty-year experience condition before proposing a name. Note also that the qualification list is an eligibility gate for nomination; the Central Government chooses.
Practical examples
Example 1. An industry body proposes a chemical engineer with a Bachelor's degree and a post-graduate diploma in industrial safety, with twenty-two years in industry, for a technical committee on hazardous processes. The person meets rule 12(3). Nomination remains for the Central Government.
Example 2. A non-official committee member is absent from two consecutive meetings without the Chairperson's permission and was travelling abroad for an emergency. The Central Government, satisfied of sufficient cause, directs that cessation shall not take place, and the member continues.
Need help reading OSH policy and standards?
Committees, standards and rules shape compliance long before they reach the shop floor. Our legal consultation team can help you understand proposed changes, prepare comments and plan what to adjust in your systems.
Key takeaways
- Rule 12 implements section 16(5) of the Code.
- Committees are constituted by the Central Government for the period in the constituting order.
- Nominees need listed qualifications and not less than twenty years of experience.
- The Chairperson is nominated by the Central Government.
- Two consecutive missed meetings without permission end membership, subject to a proviso.
- Disqualification and removal rules differ in detail from rule 11.
Read next
- Rule 11: National Occupational Safety and Health Advisory Board
- Section 16 of the OSH Code: National Board
- Section 18 of the OSH Code: occupational safety and health standards
- Rule 13: statistics and portal for inter-State migrant workers
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.