Rules 91 and 92 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 91 sets the renewal window for a contractor licence: apply electronically at least thirty days before expiry but not earlier than ninety days before, pay the same fee as for grant, pay 25 per cent extra if late, and expect the licence to be deemed renewed if the authority does not act in seven days. Rule 92 lets a contractor who is not renewing apply for a refund of the security deposit, decided within thirty days.
Rule 91: apply for renewal on the Shram Suvidha Portal at least 30 days before expiry but not before 90 days; the fee is the same as for grant under rule 90, with 25 per cent additional if the application is late; the authority must renew within seven days, failing which the licence is deemed issued and auto-generated. Rule 92: on expiry, a contractor not renewing may apply for refund of the security; if no breach and no forfeiture order, it is returned; if forfeiture is ordered, the balance is refunded within thirty days; every refund application is disposed of within thirty days.
The Code provisions behind the rules
Section 48(1) of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says every application for issuing a licence is made electronically in the prescribed form and manner. Section 48(3) says the licence is valid for five years in respect of the number of contract labour specified. The heading of section 48 refers to "issue or renewal of licence"; the details of renewal are left to the Rules. The Code's section 47(1) requires the licence to specify the amount of security deposit. See our sections 48 and 49 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State is the appropriate Government, the State's rules govern renewal and refund. A labour law compliance review can tell you which process applies.
Rule 91: renewal of licence
| Sub-rule | What it says |
|---|---|
| 91(1) | Every contractor applies electronically on the Shram Suvidha Portal to the licensing authority for renewal |
| 91(2) | The application is submitted on the portal at least thirty days before expiry of the licence but not before ninety days of expiry |
| 91(3) | The renewal fee is the same as for grant under rule 90. Proviso: if the application is not received within the time in sub-rule (2), an additional fee of twenty five per cent is payable |
| 91(4) | It is the authority's responsibility to renew within seven days electronically; failing that the licence is deemed to be issued and auto-generated |
The window
The renewal window is 90 days wide and closes 30 days before expiry. For a licence expiring on 31 December, the window opens roughly 2 October and closes on 1 December.
- Early than ninety days: the text says "not before ninety days of such expiry". An application filed earlier is outside sub-rule (2).
- Late (fewer than thirty days before expiry): the proviso to sub-rule (3) treats this as an application not "received within the time specified", so the 25 per cent additional fee is payable. The rule does not say the licence cannot be renewed; it prices the delay.
- After expiry: the text is silent on whether an application after expiry is a renewal or a fresh grant. Do not assume. If the licence has lapsed, take advice on whether to apply under rule 87 or rule 91.
The fee
The fee follows the rule 90(4) table; see our rules 89 and 90 article. Example: a licence for 350 contract labour falls in the 301 to 500 band (Rs 3,000); a late renewal carries a 25 per cent addition, Rs 750, making Rs 3,750. Form XXI has a renewal section asking for licence number and date, LIN and PAN, expiry date, whether the licence was suspended or revoked, and e-payment details.
Deemed renewal
Rule 91(4) puts the seven-day duty on the authority. If it does not renew in seven days, the licence is deemed issued and auto-generated. Keep a screenshot or acknowledgement of the application date. The rule does not say from when the seven days run (date of application or of complete application); treat the date on the portal acknowledgement as the safe starting point.
Rule 92: refund of security deposit
| Sub-rule | What it says |
|---|---|
| 92(1) | On expiry of the licence period, a contractor who does not intend to renew may apply electronically to the licensing authority for refund, with a copy of the expired licence, a notice of completion of work and bank details |
| 92(2) | If the authority is satisfied there is no breach of the licence conditions and no order for forfeiture of the deposit or any part, it directs the return of the security deposit |
| 92(3) | If there is an order for forfeiture of any portion, the amount is deducted and the balance refunded within thirty days of the application |
| 92(4) | Any refund application is disposed of within thirty days of making it |
Notes.
- Who can apply. Only a contractor who does not intend to have the licence renewed further. A contractor who renews carries the security forward.
- Documents. Expired licence, notice of completion of work, bank details. The rule does not name a form for the refund application.
- If wages were paid from the deposit. Rule 99(2) requires re-furnishing of the security within fifteen days when it was used to pay wages; see our rules 98 and 99 article. A refund after such use is of the balance.
- Bank guarantee. Rule 90(1) takes security as a bank guarantee. The text of rule 92 speaks of "return" and "refund" of the security deposit and does not describe how a bank guarantee is released; the text is silent on that mechanism.
- Adjustment instead of refund. Under rule 90(3), the authority may adjust an expired licence's security against a new application.
Practical examples
Example 1. A contractor's licence expires on 30 June. It files on 15 May, within the window (more than 30 days before expiry, less than 90). The fee is the normal band fee. The authority has seven days to renew, or the licence is deemed renewed.
Example 2. The same contractor files on 20 June, ten days before expiry. The renewal fee carries 25 per cent extra.
Example 3. A contractor completes its last contract and does not intend to renew. It applies on the portal for refund with the expired licence, notice of completion of work and bank details. The authority orders forfeiture of part of the deposit for a breach; the balance is refunded within thirty days.
Compliance checklist
- Diarise the 90-day and 30-day marks for every licence.
- Pay renewal fee as per the rule 90(4) table, plus 25 per cent if late.
- Save the portal acknowledgement for the deemed-renewal clock.
- For exit, file the refund application with the expired licence, notice of completion and bank details.
Need help with renewal or refund?
Missed renewal windows cost money, and refund applications fail on missing documents. Our team can set up a renewal calendar and prepare the filings. Start with our labour law compliance service.
Key takeaways
- Renewal is online on the Shram Suvidha Portal, filed 30 to 90 days before expiry.
- The fee equals the grant fee, plus 25 per cent if the application is late.
- The authority must renew within seven days or the licence is deemed issued.
- A contractor not renewing may apply for refund of security with the expired licence, notice of completion of work and bank details.
- Refund applications are disposed of within thirty days.
- State rules apply where the State is the appropriate Government.
Read next
- Sections 48 and 49 of the OSH Code: licence procedure and no fees from contract labour
- Rules 89 and 90: licence terms and procedure for issue of licence
- Rules 93 and 94: responsibility of contractor and intimation of work order
- How to renew a contractor licence
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.