Rule 77 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 77 lays down the procedure when an Inspector-cum-Facilitator takes a sample of a substance used in an establishment. The sample is divided into three sealed portions, one for the employer, one for analysis by a Government Analyst or an accredited laboratory, and one kept for court. The laboratory report can be used as evidence.
After informing the employer, an Inspector-cum-Facilitator may take a sufficient sample of any substance used or intended to be used in the establishment if it is, in the Inspector's belief, in contravention of the Code or rules, or, in the Inspector's opinion, likely to cause bodily injury or injury to health. The sample is divided into three portions, sealed and marked in the presence of the person informed. One goes to the employer, one to a Government Analyst or a NABL-accredited laboratory, and one is retained for the Court. The report may be used as evidence.
The power in the Code
Section 35(1)(x) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) lets an Inspector-cum-Facilitator take samples of any articles or substances found in any establishment or premises into which the Inspector has power to enter, and of the air of the atmosphere in or near it, "in such manner as may be prescribed by the appropriate Government". Rule 77 is that prescribed manner for the Central Government. Our section 35 explainer covers the full list of powers, and our section 38 explainer covers the special powers.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own rules apply and may set a different sampling procedure. If an inspection has reached the stage of sampling, a short legal consultation before responding can help you protect your position.
Rule 77 step by step
| Step | Sub-rule | What happens |
|---|---|---|
| 1. Basis | 77(1) | Inspector-cum-Facilitator takes a sufficient sample of a substance used or intended to be used in the establishment, as per the inspection scheme under the Code, after informing the employer |
| 2. Grounds | 77(1)(a)-(b) | The Inspector believes the use is in contravention of the Code or rules, or is of the opinion that it is likely to cause bodily injury or injury to health of employees |
| 3. Division | 77(2) | In the presence of the person informed, unless that person wilfully absents, the Inspector divides the sample into three portions, seals and marks them, and lets the person add their own seal and mark |
| 4. Appliances | 77(3) | The person informed provides, if the Inspector requires, the appliance for dividing, sealing and marking |
| 5. Distribution | 77(4) | One portion goes forthwith to the person informed; the second goes forthwith to a Government Analyst or a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories for analysis and report; the third is retained for production to the Court in proceedings about the substance |
| 6. Evidence | 77(5) | A document purporting to be the report of the Government Analyst or accredited laboratory may be used as evidence in any proceeding about the substance |
What triggers a sample
Rule 77(1) gives two alternative grounds, both framed by the Inspector's own view: a belief that use of the substance contravenes the Code or rules, or an opinion that it is likely to cause injury to an employee's body or health. The rule does not require the employer's agreement and does not set an objective test. That is why the procedure matters: the safeguards are in the informing, the three-way split, the joint sealing and the employer's own portion.
The rule covers "any substance used or intended to be used", so a raw material in store can be sampled before it enters production. The Code power in section 35(1)(x) is wider and includes air of the atmosphere; rule 77 speaks only of samples of substances and does not set out a procedure for air samples. Do not assume what procedure applies to an air sample; read the Code and any State rules.
The employer's side of the procedure
Be informed. The Inspector-cum-Facilitator must inform the employer, or the person the employer puts forward, that a sample is to be taken. Ask the Inspector to record the substance, quantity, batch and location.
Be present. The division takes place "in the presence of the person informed unless such person wilfully absents themselves". If you are not present through no wilful act, the rule's exception does not apply in the Inspector's favour, so a properly documented absence matters. Name a responsible person in advance who can attend an inspection at each site.
Add your seal. The person informed may add their own seal and mark. Do so, and note the seal numbers in your own record.
Provide appliances if asked. Sub-rule (3) says the person informed shall provide the appliance for dividing, sealing and marking if the Inspector requires it. Keep clean containers and sealing material available.
Receive your portion. One portion is to be given to you "forthwith". Store it under suitable conditions and record chain of custody. You may use it for an independent test, though the rule does not itself say so.
Laboratory and report. The second portion goes to a Government Analyst or a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories. The rule does not say that the employer must be given the report, nor a time within which it must be issued. Ask for it in writing.
Third portion. It is held for the Court. The rule refers to "the Court before which proceedings are instituted in respect of the substance".
Use as evidence
Sub-rule (5) says that a document "purporting to be a report under the hand" of a Government Analyst or an accredited laboratory "may be used as evidence" in any proceeding about the substance. That makes the report a strong document in a prosecution. If you intend to challenge it, the employer's own portion and the integrity of sealing will matter, and you may want advice from a lawyer experienced in such proceedings; see our legal dispute resolution service for contested matters.
Practical examples
Example 1. An Inspector-cum-Facilitator visits a chemical unit and forms the opinion that a solvent in store is likely to injure workers' health. She informs the manager, divides a sample into three sealed portions in his presence, adds his seal, hands him one portion and sends another to an accredited laboratory.
Example 2. A manager is not on site. The Inspector asks for the nominated deputy. The deputy attends, adds the company's seal and signs the sampling record.
Example 3. The laboratory report says the substance is within the stated limits. The employer keeps its own portion, the Inspector's record and the report on file, in case the matter is reopened.
Compliance checklist
- Nominate and train a person at each site to receive inspectors.
- Keep sealing and dividing material available.
- Record substance, quantity, batch, seal numbers and time.
- Store your portion securely and record its custody.
- Ask for the laboratory report in writing.
- Take advice early if a prosecution looks possible.
Need help when an inspection reaches sampling?
Sampling is a stage where small procedural errors can matter later. If you have received a sampling notice or want a site protocol prepared, our team can advise. Start with our legal consultation service and we will go through the facts and the rule.
Key takeaways
- An Inspector-cum-Facilitator may sample any substance used or intended to be used, on the two grounds in rule 77(1).
- The employer must be informed and the sample divided into three sealed, marked portions in the presence of the person informed.
- One portion goes to the employer, one to a Government Analyst or accredited laboratory, one is kept for the Court.
- The laboratory report may be used as evidence.
- Rule 77 does not itself deal with air samples.
- State rules apply where the State is the appropriate Government.
Read next
- Section 35 of the OSH Code: powers of Inspector-cum-Facilitator
- Rule 78: powers and duties of Inspector-cum-Facilitator and improvement notice
- Section 38 of the OSH Code: special powers of Inspector-cum-Facilitator
- Factory inspector: powers and duties
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.