Rule 4 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 4 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (the Central Rules) sets the form and time for the notice that section 5 of the Code requires when certain establishments start or stop operations. Contract-labour and construction establishments send Form VI within thirty days. Mines give Form VII at least thirty days before they open, reopen or close. To manage these notices across sites, our labour law compliance team can set up a notice calendar.
Rule 4(1): the employer of an establishment relating to contract labour or building or other construction work must, within thirty days of commencement or cessation of operation, submit Form VI to the registering officer and the Inspector-cum-Facilitator with jurisdiction. Rule 4(2): a notice of cessation must carry a certificate that all dues to workers have been paid and that the premises are kept clear of storage of hazardous chemicals and substances. Proviso: mines give not less than thirty days' prior notice of commencement, reopening, cessation, discontinuation, abandonment or closing in Form VII.
Rule 4 at a glance
| Who | What | Form | Time |
|---|---|---|---|
| Employer of establishment relating to contract labour or building or other construction work | Notice of commencement or cessation of operation | Form VI | Within 30 days of commencement or cessation |
| Same employer, on cessation | Certificate of payment of all dues and freedom from hazardous chemicals | Part B of Form VI | With the notice |
| Employer of every mine | Notice of commencement, reopening, cessation, discontinuation, abandonment or closing | Form VII | Not less than 30 days' prior notice |
Where the rule comes from
Section 5 of the Code says no employer of an establishment being a factory or mine or relating to contract labour or building or other construction work shall use it to commence operation of any industry, trade, business, manufacturing or occupation without sending notice in the prescribed form, manner, to the prescribed authority and within the prescribed time, and must also intimate cessation. The notice or intimation must be given electronically (see section 5). The power to prescribe the form, manner and time is in section 133(2)(e).
Note that section 5 names factories as well. Rule 4(1), as printed, speaks of establishments "relating to contract labour or building or other construction work", and the proviso deals with mines. The rule does not mention factories in sub-rule (1), so read section 5 and rule 4 together, and check your State's rules where the State is the appropriate Government. The Central Rules apply where the Central Government is the appropriate Government.
Rule 4(1): Form VI within thirty days
The employer "shall within thirty days of the commencement or cessation of operation of the establishment, submit a notice in FORM-VI to the registering officer and also to the Inspector-cum-Facilitator having jurisdiction in the area where the establishment is situated."
Form VI, "Notice of Commencement / cessation of operations", asks for:
- Registration number.
- Name and address of the establishment.
- Name and designation of the employer.
- Full address for communication.
- Nature of work of the establishment.
Part A is a statement, with the inapplicable part struck out, that the operation has commenced with effect from a stated date and that the approximate duration of operation is so many years and months, or that the operations have ceased with effect from a stated date.
The thirty days run from the actual date of commencement or cessation. Registration under rule 3 comes first, so keep the registration number ready (see rule 3).
Rule 4(2): the cessation certificate
The notice of cessation "shall be accompanied by a certificate stating that the payment of all dues to the workers employed in the establishment have been made" and that the premises are kept clear of storage of hazardous chemicals and substances.
Part B of Form VI carries the employer's two certificates, with strikeout for any that does not apply:
- that the payment of all dues to the workers employed in the establishment has been made; and
- that the establishment is kept clear of storage of hazardous chemicals and substances.
Both are given against the registration number and date. A construction contractor closing a site must therefore clear wages and dues and clear chemical stock before the notice can go with a clean certificate.
The proviso: mines and Form VII
"Provided that in the case of mines, the employer of every mine shall give not less than thirty days' prior notice of the commencement, reopening, cessation, discontinuation or abandonment of operations or closing of mines in FORM- VII."
Two differences from Form VI stand out. The notice is prior, at least thirty days ahead, not after the event within thirty days. And it covers a longer list of events: commencement, reopening, cessation, discontinuance, abandonment and closing.
Form VII is titled "Notice of Commencement/Re-opening/Cessation/Discontinuance/ Abandonment of operations/Closing of mines". It has parts for each event:
| Event | Additional details in Form VII |
|---|---|
| Commencement | LIN and mine code if any; details of owner, nominated owner, agent and manager (name, father's name, address, mobile, telephone, fax, email); date intended to open; whether plans under the Regulations are enclosed; whether a Safety Management Plan is enclosed; actual date of opening |
| Reopening | Date intended to reopen; plans and Safety Management Plan enclosed or not; actual date of reopening |
| Cessation or abandonment | Date intended to close or abandon; actual date; number of persons likely to be affected; reasons |
Rule 3(10) on closure notices applies to establishments "other than mines", so a mine's closure is handled under this Form VII route, not Form II (see rule 3). Mines are also governed by the mines provisions of the Code, such as the owner, agent and manager's duties (see section 7).
Practical guidance
- Construction and contract-labour employers: diarise thirty days from the start date of the work and again from its end.
- Before sending a cessation notice, settle all dues and confirm no hazardous chemicals remain on site; the certificate is part of the notice.
- Mines: plan notice at least thirty days ahead, and have the plans and Safety Management Plan references ready for Form VII.
- Send to both recipients: the registering officer and the Inspector-cum-Facilitator with jurisdiction.
- Keep acknowledgements as proof of timely notice.
Example 1. A contractor starts a building project on 1 March. The Form VI notice of commencement is due within thirty days, that is by the end of the thirty-day window counted from 1 March, with the registration number quoted.
Example 2. A mine owner decides to reopen a mine. At least thirty days before reopening, it files Form VII with the intended date, the plans and the Safety Management Plan reference, and later records the actual date of reopening.
Need help with notices at your sites?
If you run construction sites, contract-labour projects or mines, our labour law compliance team can prepare the notices, collect the dues and chemical certificates and calendar every start and closure.
Key takeaways
- Contract-labour and construction establishments file Form VI within thirty days of commencement or cessation of operation.
- A cessation notice carries certificates of payment of all dues and freedom from storage of hazardous chemicals and substances.
- Mines give at least thirty days' prior notice in Form VII for commencement, reopening, cessation, discontinuance, abandonment or closing.
- Send notices to the registering officer and the Inspector-cum-Facilitator.
- The Central Rules apply where the Central Government is the appropriate Government.
Read next
- Section 5: notice of commencement and cessation of operation
- Rule 3: application for registration of establishment
- Rule 5: annual health examination of employees
- BOCW Act: safety, health and welfare provisions at construction sites
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.
