Sections 1 and 143 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.
Section 1 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives the Code its name, lets the Central Government choose when it starts, and says where it does not apply. Section 143, the last section, repeals thirteen older labour Acts from the dates of that commencement notification and carries their rules, notifications and officers across to the Code.
The Code is in force from 21 November 2025, when the four Labour Codes were brought into force; some provisions may be notified later because section 1(2) allows different dates for different provisions. It does not apply to offices of the Central or State Government or to a ship of war, except for contract labour engaged through a contractor in those offices. Section 143(1) repeals 13 Acts (including the Factories Act, 1948, the Mines Act, 1952, the Contract Labour Act, 1970 and the BOCW Act, 1996), while section 143(3) keeps things done under them alive until the Central Government repeals them.
What section 1 says
| Sub-section | What it does |
|---|---|
| 1(1) | The Act may be called the Occupational Safety, Health and Working Conditions Code, 2020 |
| 1(2) | It comes into force on the date the Central Government appoints by notification; different dates may be appointed for different provisions, and a reference in a provision to the "commencement of this Code" means the coming into force of that provision |
| 1(3) | It does not apply to offices of the Central Government, offices of the State Government and any ship of war of any nationality |
| Proviso to 1(3) | The Code does apply to contract labour employed through a contractor in those government offices, where the Central or State Government is the principal employer |
The effect of section 1(2) is that the commencement date is not written into the statute. Everything turns on the notification. The position we rely on is that the four Labour Codes, including this one, were brought into force from 21 November 2025. Because the Code allows staggered dates, a particular provision may be notified separately. If your question depends on the start date of one provision, check the notification for that provision before acting.
If you run an establishment that is newly covered, start with our labour law compliance service, which maps each part of the Code to your workforce and premises.
Who is outside the Code
Section 1(3) is narrower than it looks. The carve-out covers the government's own offices and warships. It does not take out a government-owned factory, mine or port, and it does not take out contract labour. Where a government office hires workers through a contractor, the proviso brings those workers within the Code, with the government body as principal employer. The definition of "contract labour" and "principal employer" is covered in our note on section 2 definitions for contract labour.
What section 143 repeals
Section 143(1) says the following enactments "shall stand repealed on and from the dates the notification referred to in sub-section (2) of section 1 is issued":
| No. | Act repealed | Area it governed |
|---|---|---|
| 1 | Factories Act, 1948 | Factories |
| 2 | Plantations Labour Act, 1951 | Plantation labour |
| 3 | Mines Act, 1952 | Mines |
| 4 | Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 | Working journalists and newspaper employees |
| 5 | Working Journalists (Fixation of Rates of Wages) Act, 1958 | Wage rates of working journalists |
| 6 | Motor Transport Workers Act, 1961 | Motor transport workers |
| 7 | Beedi and Cigar Workers (Conditions of Employment) Act, 1966 | Beedi and cigar workers |
| 8 | Contract Labour (Regulation and Abolition) Act, 1970 | Contract labour |
| 9 | Sales Promotion Employees (Conditions of Service) Act, 1976 | Sales promotion employees |
| 10 | Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 | Inter-State migrant workmen |
| 11 | Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 | Cine-workers and cinema theatre workers |
| 12 | Dock Workers (Safety, Health and Welfare) Act, 1986 | Dock workers |
| 13 | Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 | Construction workers |
The repeal list is in the section itself, and all thirteen Acts go "on and from the dates" of the section 1(2) notification, not on a date fixed in the Code. The Code consolidates what these Acts dealt with under common chapters on duties, working hours, welfare, inspection, offences and special provisions for contract labour, migrant workers, mines, beedi and cigar premises, factories and plantations. For the old Factories Act position, see our guide to the Factories Act, 1948 and the overview of the factory under the new labour codes.
Savings: officers, rules and past actions
Repeal does not leave a gap. Sections 143(2) to (4) provide continuity:
- Officers (143(2)). Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and other officer appointed under the repealed Acts is deemed to have been appointed under the Code for the corresponding purposes.
- Past actions and old rules (143(3)). Anything done or any action taken under the repealed Acts, including any rule, regulation, bye-law, notification, nomination, appointment, order or direction, is deemed to have been done under the corresponding provisions of the Code and remains in force to the extent it is not contrary to the Code, until repealed by the Central Government.
- General Clauses Act (143(4)). Section 6 of the General Clauses Act, 1897 applies to the repeal, which protects rights, liabilities and pending proceedings accrued under the old Acts.
The Central Rules, 2026
The Central Government has notified the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 by G.S.R. 345(E) dated 8 May 2026. They extend to the whole of India and come into force on publication in the Official Gazette (rule 1(2) and (3)). Their preamble supersedes fifteen sets of older rules, including the Dock Workers (Safety, Health and Welfare) Rules, 1990, the Building and Other Construction Workers (Central) Rules, 1998, the Mines Rules, 1955, the Contract Labour (Regulation and Abolition) Central Rules, 1971 and the Inter-State Migrant Workmen Central Rules, 1979, except for things done or omitted before supersession. See rules 1 and 2 of the Central Rules.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules apply, and old State rules continue under section 143(3) only to the extent they are not contrary to the Code.
Example. A manufacturer holds a factory licence granted under the Factories Act and a notification issued under it. Section 143(3) does not wipe these out on the day of repeal: the action is deemed to have been taken under the corresponding provision of the Code and stays in force to the extent it is not contrary to the Code. The employer should still compare the licence conditions with the Code and the Rules, and complete any registration or licence step the Code now requires (see section 3 and section 119).
Need help with moving from the old Acts?
Establishments that were registered or licensed under the thirteen repealed Acts need to confirm how those records map to the Code's registration, licence and record-keeping requirements. Our labour law compliance team can review your current registrations, registers and notices against the Code and the Central Rules and list what needs to be updated. Bring your latest licences and registers.
Key takeaways
- The Code is in force from 21 November 2025; section 1(2) allows different dates for different provisions, so some provisions may be notified later.
- The Code does not apply to Central or State Government offices or a ship of war, but it does apply to contract labour engaged through a contractor in those offices.
- Section 143(1) repeals 13 Acts on and from the dates of the commencement notification.
- Officers, rules, notifications and orders under the old Acts are deemed to continue under the Code until the Central Government repeals them (section 143(2) and (3)).
- The Central Rules, 2026 (G.S.R. 345(E)) apply to Central-sphere establishments; State rules apply where the State is the appropriate Government.
Read next
- Section 2: who is the appropriate Government and other authorities
- Section 3: registration of certain establishments
- Rules 1 and 2 of the Central Rules: short title, commencement and definitions
- 4 Labour Codes 2020: Code on Wages, IR Code, OSH Code and Social Security Code
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.
