Section 17 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 17 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) is the State-level counterpart of the National Board. Each State Government must constitute a State Occupational Safety and Health Advisory Board and may set up technical committees, advisory committees and site appraisal committees to help it. The Code leaves the Board's composition and procedure to the State.
The State Government shall constitute a State Occupational Safety and Health Advisory Board (the State Advisory Board) to advise it on matters arising out of the administration of the Code as referred to it by the State Government (section 17(1)). Its constitution, procedure and other matters are as prescribed by the State Government (17(2)). The State may constitute technical committees or advisory committees, including site appraisal committees, to assist it or the Board for its jurisdiction (17(3)).
The three sub-sections
| Sub-section | Content |
|---|---|
| 17(1) | The State Government shall constitute the State Advisory Board, to advise the State Government on matters arising out of the administration of the Code as may be referred to it by the State Government |
| 17(2) | The constitution, procedure and other matters relating to the State Advisory Board are as prescribed by the State Government |
| 17(3) | The State Government may constitute as many technical committees or advisory committees of the State Advisory Board, including site appraisal committees, of the prescribed size and qualifications, to assist the State Government or the Board in functions relating to the area within their jurisdictions |
Compare the two tiers:
| Feature | National Board (section 16) | State Advisory Board (section 17) |
|---|---|---|
| Who constitutes it | Central Government, by notification | State Government |
| Composition | Fixed by the Code in 16(2) | Left to State rules |
| Advises on | Standards, rules and regulations, implementation, policy, other referred matters | Matters arising out of administration of the Code, as referred by the State Government |
| Committees | Technical or advisory committees | Technical or advisory committees, including site appraisal committees |
The State Advisory Board is therefore narrower in its brief. It advises when the State asks; the Code does not give it a standing list of subjects the way section 16(1) does for the National Board. A business operating in several States should note that composition, procedure and committee structure may differ from State to State because each State prescribes its own. To see how this affects your group's compliance mapping, consult our legal consultation team.
Site appraisal committees
The mention of site appraisal committees in 17(3) ties to the Code's provisions on setting up factories and dangerous operations. A separate provision deals with a site appraisal committee in connection with dangerous operations; see sections 82 and 83 for that article. Section 17(3) itself only authorises the State to constitute them, with members and qualifications as prescribed; the text of section 17 does not say when a site must go before one.
Why it matters even though the Board only advises
An advisory board does not make binding rules. Still, it matters for three practical reasons:
- State rules shape your obligations. Where the State Government is the appropriate Government, it makes the State's OSH rules, and the Central Rules do not apply. See sections 135 and 136 on State rules.
- Consultation. The State Government's referral is how industry inputs can reach the rule-making process.
- Standards. A State may amend the Central standards for establishments for which it is the appropriate Government, but only with the prior approval of the Central Government (section 18(4)); see section 18.
Who is the "appropriate Government"?
The State Advisory Board matters for establishments where the State is the appropriate Government under section 2(1)(d). Central-sphere establishments such as mines and certain others fall under the Centre. Read section 2(1)(d) and the authorities article for who is who in your case.
Example. A State Government refers to its State Advisory Board a question about safety arrangements at cement plants in the State. The Board gives advice, and the State may then use it to frame State rules. A cement company with a plant in that State follows those rules, where the State is the appropriate Government, and not the Central Rules, 2026.
Central Rules and the State Board
The Central Rules, 2026 deal with the National Board (Rule 11) and its committees (Rule 12). They do not regulate the State Advisory Board; the Code leaves it to State rules. Check the OSH rules of the State in question for the Board's composition.
Need help with State-level OSH rules?
Because each State prescribes its own Board and rules, multi-State employers should map which State rules apply at each site. Our legal consultation team can help you compare the State position at each location with the Central Rules.
Key takeaways
- Each State Government must constitute a State Occupational Safety and Health Advisory Board.
- It advises on administration of the Code as referred to it by the State Government.
- Its constitution and procedure are as prescribed by the State.
- The State may constitute technical committees, advisory committees and site appraisal committees.
- For State establishments, State OSH rules apply, not the Central Rules.
Read next
- Section 16: National Occupational Safety and Health Advisory Board
- Section 18: occupational safety and health standards
- Sections 135 and 136: State rules and Central regulations
- Factory under the new Labour Codes: OSH Code 2020
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.