Rule 5 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 5(14) to (21) covers the running of a Works Committee once it is constituted: its office-bearers and how they are chosen, the three-year term, loss of membership for absence, filling vacancies, co-opted members, meeting frequency and facilities, reporting in the unified annual return, and dissolution by the Central Government. The earlier sub-rules, on constitution and elections, are in our article on rule 5(1) to (13). Our section 3 article gives a summary; this article goes sub-rule by sub-rule.
The Committee has a Chairperson, Vice-Chairperson, Secretary and Joint Secretary (rule 5(14)). The term is three years (5(15)); a member who misses three consecutive meetings without leave forfeits membership. The Committee meets at least once in three months (5(18)). The employer provides a place and facilities, and workers' representatives are deemed on duty while attending (5(19)). Details go into the unified annual return (5(20)). The Central Government or its officer may dissolve the Committee for reasons recorded in writing (5(21)).
Rule 5(14)-(21) at a glance
| Sub-rule | Subject |
|---|---|
| 5(14) | Office-bearers: Chairperson, Vice-Chairperson, Secretary, Joint Secretary |
| 5(15) | Three-year term; casual vacancy; forfeiture for three consecutive absences |
| 5(16) | Filling a workers' seat that falls vacant |
| 5(17) | Co-opted members, non-voting |
| 5(18) | Meetings at least once in three months; own procedure |
| 5(19) | Place, facilities, working hours, notice board |
| 5(20) | Details in the unified annual return |
| 5(21) | Dissolution by the Central Government |
Office-bearers: rule 5(14)
| Post | How chosen |
|---|---|
| Chairperson | Nominated by the employer from the employer's representatives; "as far as possible, the head of the industrial establishment" |
| Vice-Chairperson | Elected by the workers' representatives from among themselves; a tie is decided "by a draw of lot" |
| Secretary and Joint Secretary | Elected every year by the Committee |
The Secretary and Joint Secretary are paired across the two sides: where the Secretary is elected from the employer's representatives, the Joint Secretary is elected from the workers' representatives, and vice versa. Three provisos apply.
- Neither post can be held by a representative of the same side for three consecutive years.
- Employer's representatives do not vote in this election; the workers' representatives are entitled to vote for the posts.
- A tie is decided by draw of lot.
A practical point: the Secretary and Joint Secretary change every year, and the side rotation after three years should be recorded in the minutes so the next election is conducted correctly.
Term, vacancies and forfeiture: rule 5(15) and (16)
- Term: three years for members, other than a member chosen to fill a casual vacancy (5(15)(i)).
- Casual vacancy: the new member serves the remaining period of the predecessor's term (5(15)(ii)).
- Forfeiture: "In case any member fails to attend three consecutive meetings of the Committee without obtaining leave from the Committee, his membership shall be forfeited" (5(15)(iii)).
- Filling a workers' seat: where a worker's representative ceases to be a member through forfeiture, leaving employment, resignation, death or otherwise, the successor is chosen under the same rule, for the remaining period, "from the same group to which the member vacating the seat belonged" (5(16)).
For the point at which leave is obtained and recorded, the Committee should keep a record of leave granted, because forfeiture depends on absence "without obtaining leave".
Co-opted members: rule 5(17)
The Committee can co-opt persons employed in the establishment "having particular or special knowledge of a matter under discussion in a consultative capacity". A co-opted member "shall not be entitled to vote" and is present "only for the period during which the particular question is before the Committee". Note that the rule limits co-option to persons employed in the establishment.
Meetings and facilities: rule 5(18) and (19)
- The Committee "may meet as often as necessary but not less often than once in three months" (5(18)(i)). At its first meeting it regulates its own procedure (5(18)(ii)).
- The employer "shall provide a place for holding meetings" and "all necessary facilities for carrying out the work" (5(19)(i)).
- Meetings are ordinarily held "during working hours ... on any working day", and workers' representatives "shall be deemed to be on duty while attending the meeting" (5(19)(ii)). So no deduction follows for attendance.
- The Secretary may, with the Chairperson's prior approval, put up a notice on the Committee's functions on the notice board (5(19)(iii)).
The quarterly minimum is the compliance point most worth diarising. A Committee that meets less often than once in three months risks the ground for dissolution in 5(21) that it "has, for any other reason, ceased to function". If you need to set up a meeting calendar and minute format, our employment and labour law advisory team can help.
Reporting: rule 5(20)
"The employer shall submit the details of the constitution and the functioning of the Committee as a part of unified annual return provided in the rules made in this behalf under the Occupational Safety, Health and Working Condition Code, 2020 (37 of 2020)." The text does not list the fields of that return; check the rules under the OSH Code for the format.
Dissolution: rule 5(21)
The Central Government, or the officer authorised by it, "may after making such inquiry as it or he may deem fit, dissolve any Committee at any time, by an order for reasons to be recorded in writing". The grounds:
- the Committee has not been constituted in accordance with the rules; or
- not less than two-thirds of the workers' representatives "have without any reasonable justification failed to attend three consecutive meetings"; or
- the Committee "has, for any other reason, ceased to function".
The proviso: where a Committee is dissolved, the employer "may, and if so required by the Central Government or ... such officer, shall take steps to re-constitute the Committee in accordance with these rules". So the duty to re-constitute can become mandatory if the authority so requires.
Practical example
Example (invented). A Committee is elected on 1 April. Its Secretary from the employer's side serves the first year. At the annual election the next April, the Committee elects a Joint Secretary from the employer's side and a Secretary from the workers' side, because the pairing rotates; employer representatives do not vote. A workers' representative misses three consecutive meetings without leave in the second year and loses his seat; a worker from the same group is chosen for the remaining period. In the third year the Committee stops meeting for eight months. After inquiry, the authorised officer may dissolve it by a written, reasoned order and may require the employer to re-constitute it.
Need help running the Committee after the election?
A Committee that meets on time, records leave and minutes properly and reports in the annual return is hard to fault on dissolution grounds. Our employment and labour law advisory team can help you set up the calendar, minute book and annual return entry.
Key takeaways
- Four office-bearers: Chairperson (employer's nominee), Vice-Chairperson (elected by workers), Secretary and Joint Secretary (elected yearly, from opposite sides).
- Term is three years; casual vacancies run for the predecessor's remaining term.
- Three consecutive absences without leave forfeit membership.
- Meetings at least once in three months; employer provides place and facilities.
- Workers' representatives are deemed on duty during meetings.
- Details go in the unified annual return under the OSH Code rules.
- The Central Government or its officer may dissolve a Committee for written reasons.
Read next
- Rule 5(1)-(13): Works Committee constitution and representatives
- Section 3: Works Committee
- Rules 6-7-8: Grievance Redressal Committee and application to conciliation officer
- 4 New Labour Codes 2020: complete guide to India's labour law reform
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(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.