Sections 111-112 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 111 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) lets the appropriate Government appoint an officer to hold an enquiry and impose penalties for a listed group of provisions, without a criminal trial. It also provides an appeal and a consequence for not paying. Section 112 fixes the place where an offence is deemed committed for court jurisdiction.
For the penalties under section 12(3), sections 94, 96, 97, 99 and 106, and section 114(3), an officer not below the rank of Under Secretary to the Government of India (or equivalent in a State) holds an enquiry and may impose a penalty. An appeal lies within 60 days to an appellate authority not below Deputy Secretary rank, which decides within 60 days. A person who does not pay within 90 days of the order faces a fine of Rs 25,000 to Rs 2 lakh. Under section 112, an offence is deemed committed where the establishment is situated.
Sections 111 and 112 at a glance
| Provision | Content |
|---|---|
| 111(1) | Officer not below Under Secretary (or equivalent) appointed to hold enquiry in the manner prescribed by the Central Government |
| 111(2) | Power to summon and enforce attendance and require documents; penalty if satisfied that the person committed the offence |
| 111(3) | Appeal within 60 days of receiving the order, in the prescribed form and manner with the prescribed fee |
| 111(4) | Appellate authority may confirm, modify or set aside, within 60 days of receipt of appeal |
| 111(5) | Non-payment within 90 days: fine of Rs 25,000 to Rs 2 lakh |
| 111(6) | Penalty received is credited to the social security fund under section 115(1) |
| 112 | Place where establishment is situated is deemed to be where the offence was committed |
Section 111(1): the provisions covered
Section 111 works "notwithstanding anything contained in section 110". The penalty provisions for which an officer can impose a penalty are:
| Provision | Subject |
|---|---|
| Section 12(3) | Medical practitioner failing to report a notifiable disease (penalty up to Rs 10,000) |
| Section 94 | General penalty |
| Section 96 | Non-maintenance of registers, records and returns |
| Section 97 | Contravention of provisions and certain orders |
| Section 99 | Omission to furnish plans, returns and records |
| Section 106 | Offences by employees |
| Section 114(3) | Failure to comply with an order of the officer on composition |
These are penalties rather than imprisonment offences, which is why the Code lets an administrative officer deal with them. See section 94, sections 95 and 96 and sections 97 to 99. If you have received an enquiry notice, our legal dispute resolution team can help you prepare for the hearing.
The officer must be "not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government". The enquiry is to be held "in such manner, as may be prescribed by the Central Government". For that manner, the Central Rules, 2026 give rule 177; where a State Government is the appropriate Government, check its own rules.
Section 111(2): enquiry powers
While holding the enquiry, the officer may summon and enforce the attendance of any person acquainted with the facts and require production of any document that may be useful or relevant. If satisfied that the person has committed an offence under the listed provisions, the officer "may impose such penalty as he thinks fit in accordance with the provisions of that sub-section", that is, within the statutory band of the provision concerned.
Rule 177: how the enquiry runs under the Central Rules
Rule 177 of the Central Rules, 2026 sets the procedure. The points below are from the text of the rule.
- The Inspector-cum-Facilitator files a complaint before the officer. If the officer, after considering the evidence, is satisfied that an offence has been committed, he issues summons to the accused and fixes a date (177(1)).
- Authorisation to appear for a party is presented at the hearing (177(2)).
- If the accused pleads guilty, the officer imposes the penalty under the Code. If not, the officer proceeds with the enquiry, summons persons acquainted with the facts and fixes the next date (177(3)).
- Evidence on oath, with cross-examination (177(4)); the officer decides after hearing the parties (177(5)).
- The order records the complaint, parties, nature of the offence, pleadings, summary of evidence, findings and reasons, and the penalty (177(6)).
- If the accused fails to appear without sufficient cause on two consecutive dates, the officer may proceed ex parte; if the Inspector-cum-Facilitator fails to appear without cause, the complaint may be dismissed (177(7)).
- Not more than three adjournments, and hearing may be by video conferencing (177(8)).
- The officer may refuse a complaint that is incomplete, or one presented beyond six months from the date the offence was committed, or where the complainant fails to comply with directions (177(11), (13)).
- Appeal within 60 days, with the appellate authority deciding within 60 days (177(14)).
Read the rule with the Code's own words, which start the six-month limit in section 110(2) from the Inspector-cum-Facilitator's knowledge. See also our article on rule 177.
Section 111(3) to (6): appeal, payment and the fund
Appeal (111(3)). Any person aggrieved by the officer's order may appeal "in such form and manner and accompanied by such fee as may be prescribed", to the appellate authority appointed by the appropriate Government from officers not below Deputy Secretary rank (or equivalent), within sixty days from the date the copy of the order is received.
Decision (111(4)). After hearing the parties, the appellate authority may confirm, modify or set aside the order within sixty days from receipt of the appeal.
Non-payment (111(5)). If the penalty is not paid within ninety days from receipt of the copy of the order, the person is punishable with a fine of not less than Rs 25,000 and up to Rs 2 lakh. The text does not say that an appeal suspends the 90 days, so a person who appeals should take advice on protecting the position.
Credit (111(6)). The amount of penalty received goes to the fund under section 115(1); see sections 115 and 116.
Section 112: where is the offence deemed committed
"For the purposes of conferring jurisdiction on any court in relation to an offence under this Code or the rules, regulation or bye-laws made thereunder in connection with an establishment, the place where the establishment is for the time being situated, shall be deemed to be the place where such offence has been committed."
For an employer with units in several States, each unit's offences are dealt with in the court covering the place where that establishment is situated, even if compliance is managed from a head office elsewhere. The court level is set by section 110(3); see sections 109 and 110.
Example. A Gurugram-based group runs a warehouse in another State. An Inspector-cum-Facilitator there files a complaint for not producing registers; the officer imposes a penalty under section 96 after an enquiry. The group appeals within 60 days. If it does not pay and does not appeal, then after 90 days the fine of Rs 25,000 to Rs 2 lakh can follow.
Need help with an enquiry or appeal?
The timelines here, 60 days and 90 days, are short, and the record made before the officer matters in any appeal. Our legal dispute resolution team can help you prepare for the hearing, draft the appeal and track the dates.
Key takeaways
- Section 111 lets a designated officer hold an enquiry and impose penalties under sections 12(3), 94, 96, 97, 99, 106 and 114(3).
- Appeal within 60 days to an authority not below Deputy Secretary rank, which decides within 60 days.
- Non-payment within 90 days can cost Rs 25,000 to Rs 2 lakh.
- Rule 177 of the Central Rules, 2026 sets the enquiry procedure where the Central Government is the appropriate Government.
- Section 112 places the offence where the establishment is situated.
Read next
- Sections 109 and 110: offences by companies and limitation of prosecution
- Sections 113 and 114: court orders and composition of offences
- Rule 177: manner of holding enquiry
- Penalties under the Factories Act: sections 92 to 106
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.