Section 16 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 16 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) requires the Central Government to constitute, by notification, the National Occupational Safety and Health Advisory Board (the National Board). The Board advises the Centre on standards, rules and regulations, on implementation, and on policy. The section also fixes who sits on it and for how long.
The Central Government shall, by notification, constitute the National Board to advise on standards, rules and regulations, implementation, policy and programme issues and any other matter referred to it (section 16(1)). The Board has fifteen categories of members under 16(2), led by the Secretary, Ministry of Labour and Employment as Chairperson ex officio. Members in clauses (g), (j), (k), (l) and (m) hold office for three years (16(3)). The Centre may form technical or advisory committees to assist the Board (16(5)).
Functions (section 16(1))
The Board discharges functions conferred by or under the Code and advises the Central Government on:
- (a) standards, rules and regulations to be declared or framed under the Code;
- (b) implementation of the Code and the standards, rules and regulations relating to it;
- (c) issues of policy and programme on occupational safety and health referred to it from time to time; and
- (d) any other matter in respect of the Code referred to it by the Central Government.
The Board is advisory. It does not itself make rules or issue orders; the Centre does. But the Board has statutory touchpoints: the Centre consults it before specifying duties of designers and suppliers (section 8(2)) and before amending the Second Schedule (section 18(3)), and State Governments consult it before notifying research institutions (proviso to section 19). See section 8, section 18 and sections 19 and 20.
Organisations that want to take part in standard-setting consultations, or track what the Board has been asked to advise on, can get support from our legal consultation team.
Who sits on the Board (section 16(2))
| Clause | Member | Status |
|---|---|---|
| (a) | Secretary, Ministry of Labour and Employment | Chairperson, ex officio |
| (b) | Director General, Factory Advice Service and Labour Institutes, Mumbai | Member, ex officio |
| (c) | Director General, Mines Safety, Dhanbad | Member, ex officio |
| (d) | Chief Controller of Explosives, Nagpur | Member, ex officio |
| (e) | Chairman, Central Pollution Control Board, New Delhi | Member, ex officio |
| (f) | Chief Labour Commissioner (Central), New Delhi | Member, ex officio |
| (g) | Principal Secretaries dealing with labour matters of four States (by rotation as the Centre deems fit) | Member, ex officio |
| (h) | Director General, Employee's State Insurance Corporation, New Delhi | Member, ex officio |
| (i) | Director General, Health Services, New Delhi | Member, ex officio |
| (j) | Five representatives of employers | Member, ex officio (as printed) |
| (k) | Five representatives of employees | Member, ex officio (as printed) |
| (l) | A representative of a professional body associated with the matter for which standards, rules or policies are being framed | Member |
| (m) | Five eminent persons connected with occupational safety and health, or representatives from reputed research institutions or similar disciplines | Member |
| (n) | Special invitees from a State or Union territory government, for inputs on matters or industries predominant there | Member |
| (o) | Joint Secretary, Ministry of Labour and Employment | Member Secretary, ex officio |
Clauses (j) and (k) are printed "ex officio" in the gazette text even though employer and employee representatives are nominated; we follow the text as printed.
Terms and staff
- Three-year terms apply to the members in clauses (g), (j), (k), (l) and (m). Their nomination procedure and functioning are as prescribed by the Central Government (16(3)).
- The Centre may, in consultation with the Board, decide the number and categories of officers and employees to assist the Board and their terms and conditions (16(4)).
- The Board must consult the State Governments whose Principal Secretaries are members under clause (g); for issues relating to plantations, factories and similar matters, the State concerned may be invited as a special invitee (16(6)).
Technical and advisory committees (16(5))
The Centre may constitute as many technical committees or advisory committees, of such size and qualifications as it prescribes, to assist the Board in discharging its functions under 16(1).
What the Central Rules, 2026 add
Rule 11 (Provisions relating to the National Board) provides, in the English text:
- members in clauses (g), (j), (k), (l) and (m) of section 16(2) are appointed by the Central Government through notification;
- the Board may meet as and when required;
- a member who is not ex officio may resign by letter to the Chairperson; the seat falls vacant when the Centre accepts the resignation or thirty days after the Centre receives the letter, whichever is earlier;
- a non-ex-officio member who misses three consecutive meetings without the Chairperson's leave ceases to be a member, unless the Centre, satisfied of sufficient cause, directs otherwise;
- disqualifications: a person of unsound mind declared so by a competent authority, an undischarged insolvent, or one convicted of an offence carrying a penalty of imprisonment of three months or more;
- the Centre may remove a member who has ceased to represent the interest he purports to represent, after giving a reasonable opportunity to make a representation;
- travelling allowance follows official rules for official members and Department of Expenditure instructions for non-official members.
Rule 12 covers technical and advisory committees, including qualifications and a disqualification list; see Rule 11 and Rule 12 for our separate articles.
The Board is a Central body, so it does not vary by State. For States, see section 17.
Example. A trade association wants a change in how a standard treats a chemical exposure. It cannot petition the Board as a right, but its nominee, if among the five employer representatives, can raise the matter at a meeting, and the Board may advise the Centre, which then decides whether to declare or amend a standard under section 18.
Need help following standard-setting and policy changes?
The Board's advice shapes the standards and rules that later bind employers. Our legal consultation team can help you track relevant notifications and prepare representations for industry bodies or consultations.
Key takeaways
- The National Board is constituted by the Central Government by notification to advise on standards, rules, implementation and policy.
- The Chairperson is the Secretary, Ministry of Labour and Employment; there are fifteen member clauses.
- Members under clauses (g), (j), (k), (l) and (m) serve three years.
- The Centre may set up technical or advisory committees to assist the Board.
- Rule 11 supplies resignation, absence, disqualification and removal rules for non-ex-officio members.
Read next
- Section 17: State Occupational Safety and Health Advisory Board
- Section 18: occupational safety and health standards
- Rule 11: National Board under the Central Rules
- The four Labour Codes: complete guide
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.