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 sets out how an employer registers an establishment under the Code, updates the particulars, and applies for or faces cancellation of registration. It works alongside section 3 of the Code, which requires registration.
Registration is electronic, on the Shram Suvidha Portal, using Form-I of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 as the common form. The certificate (Form-III of those rules) must issue within seven days of a complete application, failing which the establishment is deemed registered and the certificate is auto-generated. Changes must be updated within 30 days. An employer closing down may apply for cancellation, which is to be decided within 90 days, but only after returns are filed and dues paid.
Who registers and how
Section 3 of the Code requires an employer to register an establishment. Rule 5(1)(a) says every employer seeking registration for an establishment not already registered "shall apply electronically in Form-I of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, on the Shram Suvidha Portal", furnishing establishment details and uploading documents, including proof of identity and address of the employer, as specified in the Form. The Explanation makes that Form-I the common form for registration under these rules, so one application serves both codes.
Other points in clause (1):
- The Form is signed digitally or as the portal requires (clause (b)).
- The applicant is responsible for the veracity of all information (clause (c)).
- The establishment's PAN allotted under the Income-tax Act, 2025 (30 of 2025), any other unique number under another law, or any other particular in the form may be verified online (clause (d)).
- The certificate of registration issues electronically in Form-III of the OSH (Central) Rules, 2026 if the application is complete, and not later than seven days from submission of the complete application. Otherwise the establishment "shall be deemed to have been registered and the certificate of registration shall be auto-generated" (clause (e)).
- In exceptional circumstances, the Central Government may by notification, for a stated period, dispense with electronic registration for an establishment or class of establishments, for the whole or part of India, and allow other submission of Form-I.
For help with applications, uploads and the portal, see our ESI and PF registration service.
These rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own rules apply.
The rule at a glance
| Sub-rule | What it requires | Time limit |
|---|---|---|
| 5(1) | Apply in Form-I (OSH Central Rules) on Shram Suvidha; certificate in Form-III | Certificate within 7 days of complete application, else deemed registered |
| 5(2) | Authorised officer directs employer who fails to comply to do so | Within the time stated in sub-rule (1) |
| 5(3) | Establishments already registered under another central labour law update particulars on the portal | Within the period prescribed under the OSH Code, 2020 |
| 5(4) | Registration obtained by wrong information liable to cancellation after show cause | 30 days from service of notice |
| 5(5) | Quote the registration number on all documents and correspondence | Ongoing |
| 5(6) | Update any change in Form-I particulars | Within 30 days of change |
| 5(7) and (8) | Closure: apply for cancellation online with status of dues | Decided within 90 days of complete application |
| 5(9) | Display a copy of the certificate at conspicuous places at the work premises | Ongoing |
Already registered under another law
If an establishment is already registered under another central labour law, sub-rule (3) says the employer shall update the particulars of the employer or establishment on the Shram Suvidha Portal within the period prescribed under the Occupational Safety, Health and Working Conditions Code, 2020. The text of rule 5 does not itself state that period.
Wrong information and cancellation
Under sub-rule (4), any registration obtained by furnishing wrong information is liable to cancellation, but only after the establishment has been given an opportunity to show cause within thirty days of the date the notice is served, electronically or otherwise, as to why the certificate should not be cancelled.
Cancellation on closure
Sub-rule (7) lets the employer of an establishment whose business activities are "in the process of closure" apply for cancellation in the specified form online on the portal, after giving complete details and the status of contribution and other dues payable under the Code. Under sub-rule (8), the application is allowed after the particulars are verified as the Central Government specifies, with two provisos:
- No application is entertained unless the employer has furnished all returns, paid all dues under the Code and submitted a self-certification to that effect.
- The application for cancellation must be decided within ninety days of receipt of the application complete in all respects.
The text we read does not name the form for cancellation; it says "the specified form". Use the form the portal provides.
A worked example
A trading company begins operations on 1 June and submits a complete Form-I on the portal on 3 June, uploading PAN and proof of address. No certificate has been issued by 10 June. Under clause (e), seven days from 3 June have passed, so the establishment is deemed registered and the certificate is auto-generated. Six months later the company changes its registered address. It must update the portal within thirty days of the change (sub-rule (6)). Three years on, the company winds up its business; to cancel the registration it must first file all returns, pay all dues and certify this, and the authority must decide within ninety days of a complete application. (Illustrative.)
Practical points for employers
- Quote the registration number on all documents prepared or submitted under the Code, the schemes, the rules or the regulations and in correspondence with offices (sub-rule (5)).
- Display the certificate at conspicuous places in the work premises (sub-rule (9)).
- Keep a calendar for the 30-day update duty; it runs from the change, not from your next return.
- Do not rely on a deemed registration without downloading the auto-generated certificate; you will need the number for later filings.
For the statutory obligation itself, see our article on section 3.
Need help with establishment registration?
Getting the registration, updates and closure steps right avoids notices later. Our ESI and PF registration team can prepare the application, keep your particulars current and support a closure cancellation when the time comes.
Key takeaways
- Register electronically in Form-I of the OSH (Central) Rules, 2026 on the Shram Suvidha Portal.
- Certificate within 7 days or deemed registration with an auto-generated certificate.
- Update any change within 30 days.
- Wrong information can lead to cancellation after a 30-day show-cause window.
- Closure cancellation needs all returns filed and dues paid, and is decided within 90 days.
Read next
- Section 3: Registration of establishments
- Rules 3 and 4: Inapplicability of Chapters III and IV and dependent parents' income
- ESI registration process step by step
- How to cancel or surrender ESI registration
Disclaimer: Based on the Code on Social Security, 2020 (as enacted) and, where noted, the Code on Social Security (Central) Rules, 2026 (G.S.R. 344(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.