Sections 100-101 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.
Sections 100 and 101 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) back up the Code's secrecy rules with penalties. Section 100 punishes an Inspector-cum-Facilitator or other covered person who discloses confidential information contrary to the Code. Section 101 punishes anyone who publishes or discloses the results of an analysis of a sample of a substance used in a process, except for a prosecution.
Section 100: an Inspector-cum-Facilitator, Chief Inspector-cum-Facilitator or other person covered by section 39 or 121 who discloses protected information without the consent of the appropriate Government faces imprisonment up to three months, or fine up to Rs 1 lakh, or both, and no court can try it without the appropriate Government's previous sanction. Section 101: whoever wrongly publishes or discloses sample analysis results faces imprisonment up to six months, or fine up to Rs 50,000, or both.
Sections 100 and 101 at a glance
| Section | Who | Conduct | Punishment |
|---|---|---|---|
| 100(1) | Chief Inspector-cum-Facilitator, Inspector-cum-Facilitator or other person referred to in section 39 or section 121 | Discloses information contrary to that section without the appropriate Government's consent | Imprisonment up to 3 months, or fine up to Rs 1 lakh, or both |
| 100(2) | Court | Trial needs previous sanction of the appropriate Government | Procedural bar |
| 101 | Anyone | Publishes or discloses results of analysis of a sample of a substance used or intended to be used in a process, except for a prosecution | Imprisonment up to 6 months, or fine up to Rs 50,000, or both |
Why these penalties exist
Employers hand over registers, process details and samples to inspectors. The Code balances this with confidentiality. Section 39(1) says copies of and extracts from registers or records and all information relating to any manufacturing or commercial business or working process, acquired in the course of inspection or survey, are to be regarded as confidential and not disclosed, in service or after leaving service, unless the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator considers disclosure necessary to ensure the health, safety or welfare of any person employed in the establishment. See our article on sections 39 to 41 for the exceptions, such as disclosure to a court or to a Commissioner for employees' compensation, and the protection of a complainant's identity under section 39(3).
Section 100 supplies the punishment where a covered person breaks those rules. If your business shares trade-sensitive information during an inspection, this protection is worth knowing about, and a legal consultation can help you decide how to mark and handle sensitive documents during an inspection.
Section 100: unlawful disclosure by officials
Who. The section names the Chief Inspector-cum-Facilitator, the Inspector-cum-Facilitator "or any other person referred to in section 39 or section 121". Section 39 covers anyone assisting the inspector and officers authorised under section 20. Section 121 concerns inquiries into accidents and diseases. The text of section 100 links to both sections, so read the section in question to see exactly who is covered.
What. Disclosure "contrary to the provisions of that section" of information referred to there, without the consent of the appropriate Government.
Punishment. Imprisonment up to three months, or fine up to Rs 1 lakh, or both (100(1)).
Sanction. Under 100(2), "no court shall proceed with the trial of any offence under this section except with the previous sanction of the appropriate Government". A prosecution without sanction cannot go forward.
Who can complain. An employer whose confidential process information is disclosed should document what was disclosed, to whom and when, and raise it with the appropriate Government, because any prosecution requires its sanction. The Code does not say who files the complaint, so a written representation to the department is the practical step.
Section 101: disclosing analysis results
Section 101 has no list of covered persons. It applies to whoever, "except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Code", publishes or discloses to any person the results of an analysis of a sample of a substance used or intended to be used in any process under the Code.
Punishment. Imprisonment up to six months, or fine up to Rs 50,000, or both.
Two points follow. First, the exception is narrow: disclosure needed for a prosecution under the Code. Second, because it applies to "whoever", a laboratory employee, a consultant, an employer's representative or a competitor who obtains the report can all be within its reach. A company that receives analysis results should restrict circulation to those who need them and keep a record. The power to take samples is exercised by inspectors under the Code and rules; where the Central Government is the appropriate Government the Central Rules, 2026 apply, and elsewhere the State's own rules.
Compounding
Section 114(1) lists section 100(1) and section 101 among the offences that may be compounded by the notified officer of the appropriate Government, at seventy-five per cent of the maximum fine. On the text, that gives Rs 75,000 for section 100(1) (75% of Rs 1 lakh) and Rs 37,500 for section 101 (75% of Rs 50,000). The composition rules apply in the ways set out in sections 113 and 114. Composition is not available to a person who commits the same offence again within three years of an earlier composition or conviction.
For restrictions on disclosure by any person in respect of an establishment, see also section 124 in our section 123 and 124 article.
Example. An Inspector-cum-Facilitator takes a sample of a solvent during an inspection. The laboratory result is posted by a person in the department on a public forum, with no link to any prosecution. Section 101 is engaged against that person. If an inspector had passed the employer's process notes to a rival without the appropriate Government's consent, section 100(1) would be engaged, but a court could try it only after the Government's sanction.
Need help with confidentiality in inspections?
Knowing what an inspector may keep confidential, and what you should keep confidential yourself, helps when documents and samples change hands. Our legal consultation team can review your inspection protocol and advise on the steps if you think confidential material has been disclosed.
Key takeaways
- Section 100: unlawful disclosure by an Inspector-cum-Facilitator or other covered person; up to 3 months, fine up to Rs 1 lakh, or both; trial needs the appropriate Government's previous sanction.
- Section 101: wrongly publishing sample analysis results; up to 6 months, fine up to Rs 50,000, or both.
- Both can be compounded at 75 per cent of the maximum fine under section 114(1).
- The secrecy rules themselves are in sections 39 and 124.
Read next
- Sections 97 to 99: contravention, falsification of records and omission to furnish returns
- Sections 39 to 41: secrecy, facilities to inspectors and special officers
- Sections 102 and 103: penalties for hazardous process duties and accidents
- 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.