Rule 97 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 97 is a short enabling rule. It says the appellate authority under section 52(1) of the Occupational Safety, Health and Working Conditions Code, 2020 will be notified by the Central Government, and that the form and fee for the appeal will be set by general or special order of the Central Government. The time limits sit in the Code.
Rule 97(1): the appellate authority under section 52(1) of the Code shall be notified by the Central Government, from time to time. Rule 97(2): the form and the fees for the appeal will be specified by general or special order of the Central Government. The Code itself gives thirty days to appeal from the date the order is communicated, and requires the appellate authority to dispose of the appeal within thirty days of the appeal being preferred.
The Code provision behind the rule
Section 52 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says:
- 52(1): any person aggrieved by an order made under section 47, section 48 or section 51 may, within thirty days from the date on which the order is communicated to him, appeal to an appellate authority prescribed by the appropriate Government under sub-section (6) of section 119. The appellate authority may entertain an appeal after thirty days if satisfied that the appellant was prevented by sufficient cause from filing in time.
- 52(2): on receipt of an appeal, the appellate authority, after giving the appellant an opportunity of being heard, shall dispose of the appeal within thirty days from the date on which the appeal is preferred.
Section 47 deals with licensing (refusal, or conditions in a licence), section 48 with the procedure for issue or renewal, and section 51 with revocation, suspension and amendment. See our sections 51 and 52 explainer.
The Central Rules apply where the Central Government is the appropriate Government. Where the State is the appropriate Government, the State's own rules name its appellate authority. If your licence matter is already contested, our legal dispute resolution team can help you work out the forum and prepare the appeal.
What rule 97 does
| Sub-rule | Content |
|---|---|
| 97(1) | The appellate authority under section 52(1) is notified by the Central Government, issued from time to time |
| 97(2) | The form and fees for the appeal are specified by general or special order of the Central Government, issued from time to time |
What you will not find in rule 97
The rule does not name the appellate authority, state the appeal form, fix a fee, or provide a portal route. The text is silent on all of these. Until a notification and an order are issued and apply to your case, you must look to them for these details. If you receive an adverse order, ask the licensing authority which notified appellate authority applies and check the latest Gazette notifications.
The appeal timeline (from the Code)
| Event | Time limit | Source |
|---|---|---|
| File the appeal | Within thirty days from the date the order is communicated | Section 52(1) |
| Late appeal | May be entertained if the appellant was prevented by sufficient cause | Proviso to section 52(1) |
| Hearing | The appellate authority gives an opportunity of being heard | Section 52(2) |
| Decision | Within thirty days of the appeal being preferred | Section 52(2) |
Orders you can appeal
An order under section 47, section 48 or section 51 of the Code. In practice, that covers orders refusing a licence, orders on its terms or on the procedure for issue or renewal, and orders revoking or suspending a licence after the show cause process in rule 95. For that process, see our rules 95 and 96 article.
Does an appeal stop the order?
The Code and rule 97 do not say that filing an appeal stays the order. The text is silent on interim relief. Do not assume a stay. If a suspension is hurting operations, take advice on what can be asked of the appellate authority.
Principal employers
If a contractor's licence is revoked or suspended, section 54 of the Code deems employment of contract labour through a contractor who needs a licence but has none to be a contravention. Principal employers should therefore track the status of the contractor's appeal and have a plan for workers. See our sections 53 and 54 explainer.
Practical examples
Example 1. A licensing authority revokes a contractor's licence by a speaking order communicated on 5 March. The contractor has thirty days from that date to appeal. It checks the Central Government notification for the appellate authority and the order for the form and fee.
Example 2. A contractor misses the thirty-day window because the order was sent to an old email address and discovered later. It files with an explanation. Under the proviso to section 52(1), the appellate authority may entertain the appeal if the contractor was prevented by sufficient cause.
Example 3. A contractor wants to appeal but finds no notified authority for its category. It records the enquiry, writes to the licensing authority and files a representation, while taking advice, so that the timeline and the reasons are documented.
Appeal checklist
- Note the date on which the order was communicated and diarise day 30.
- Obtain the notification naming the appellate authority and the order on form and fee.
- File the appeal with the order, grounds and supporting documents.
- Record any reason for delay if filing after thirty days.
- Prepare for a hearing; the Code requires an opportunity of being heard.
Need help with an appeal against a licensing order?
Appeal windows are short, and the notified authority and form must be correct. Our team can help you review the order, prepare grounds and manage the filing. Start with our legal dispute resolution service.
Key takeaways
- Rule 97 leaves the appellate authority to Central Government notification, and the form and fee to a general or special order.
- Section 52 of the Code allows an appeal within thirty days of communication of an order under section 47, 48 or 51.
- Late appeals can be entertained for sufficient cause.
- The appellate authority must hear the appellant and decide within thirty days of the appeal being preferred.
- The text does not say an appeal stays the order.
- State rules apply where the State is the appropriate Government.
Read next
- Sections 51 and 52 of the OSH Code: revocation of licence and appeal
- Rules 95 and 96: revocation, suspension and amendment of licence
- Rules 98 and 99: payment of wages and payment from security deposit
- Contract labour under the new labour codes: what will change
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.