Section 21 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 21 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) does two things. It requires governments to collect, compile and analyse occupational safety and health statistics, and it requires the Central and State Governments to maintain a database or record of inter-State migrant workers on a portal, on which a worker may register on the basis of self-declaration and Aadhaar.
The Central Government and the State Governments shall collect, compile and analyse occupational safety and health statistics in such form and manner as may be prescribed (section 21(1)). They shall also maintain a database or record for inter-State migrant workers, electronically or otherwise, on a portal as prescribed by the Central Government (21(2)). An inter-State migrant worker may register himself on the basis of self-declaration and Aadhaar; a worker who has migrated between States and is self-employed there may also register (two provisos). Under Rule 13 of the Central Rules, the employer furnishes the statistics electronically on the portal designated by the Central Government.
Section 21 at a glance
| Sub-section | Content |
|---|---|
| 21(1) | Central and State Governments collect, compile and analyse occupational safety and health statistics in the prescribed form and manner |
| 21(2) | Central and State Governments maintain a database or record for inter-State migrant workers, electronically or otherwise, on a portal, in the form and manner prescribed by the Central Government |
| First proviso | An inter-State migrant worker may register himself on the portal on the basis of self-declaration and Aadhaar |
| Second proviso | Workers who have migrated from one State to another and are self-employed in that other State may also register on that portal |
| Explanation | "Aadhaar" has the meaning in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) |
The word may in both provisos matters: registration by the worker is an option the Code provides, not a duty imposed on the worker by section 21 itself.
Employers that use migrant labour directly or through contractors, and want to confirm what data they must hold and file, can get help from our labour law compliance service.
Two separate purposes
OSH statistics (21(1))
The aim is data for policy and standards: accident, disease and exposure numbers collected, compiled and analysed by the governments. The Code does not state which figures or which employers must submit them; it leaves that to prescription. The link to section 18 standards and to the National Board's advisory role is that such data supports what standards get declared.
Migrant worker database (21(2))
The database is for inter-State migrant workers, a class the Code defines in section 2; see the definitions of contract labour, contractor and principal employer and our article on section 2 definitions for related terms. The Code's later provisions on benefits for inter-State migrant workers, including public distribution, a helpline and a study, are covered in sections 62 to 65.
Key features:
- Self-registration. The worker can register himself using self-declaration and Aadhaar. No employer sponsorship is required by the text of the provisos.
- Self-employed migrants. The second proviso extends the option to migrants who are self-employed in the other State, who may have no employer at all.
- Form and manner. The Central Government prescribes them.
What the Central Rules, 2026 add (Rule 13)
Rule 13 of the Central Rules says that the employer shall furnish to the Central Government the detailed statistics of inter-State migrant workers and of their occupational safety and health, electronically, on the web portal designated for the purpose by the Central Government, as may be specified through general or special order issued from time to time.
Three points follow from that text:
- The duty is on the employer and is about both migrant-worker statistics and their OSH statistics.
- The channel is electronic, on a designated web portal.
- The timing and format are not fixed in the rule itself; they depend on the Central Government's general or special orders. Check for the current order before filing.
Rule 13 applies where the Central Government is the appropriate Government. Where a State Government is the appropriate Government, the State's rules set the State position. See Rule 13 for our separate article. For the earlier portal under the old Act, our article on the Shram Suvidha portal for contract labour gives background; do not assume the two portals are the same.
Example. A manufacturer engages 40 workers from another State through a contractor. The manufacturer, as an employer where the Central Rules apply, should check the Centre's order on the designated portal and furnish the statistics electronically as required. A worker from another State who is self-employed as a repair technician in the city can, under the second proviso, register himself using self-declaration and Aadhaar.
Need help with migrant worker and statistics reporting?
The data duties here are mostly procedural, but errors in portal data can cause follow-on queries. Our labour law compliance team can help you set up a worker data sheet, check which inter-State workers are in your workforce, and track the Central order that sets the filing format.
Key takeaways
- Governments must collect, compile and analyse occupational safety and health statistics.
- Central and State Governments must maintain a portal-based record of inter-State migrant workers.
- Workers may register using self-declaration and Aadhaar; self-employed migrants may also register.
- Rule 13 requires the employer to furnish migrant-worker and OSH statistics electronically on the designated portal, as the Centre specifies.
- Check the Central order for timing and format; the rule does not fix them.
Read next
- Sections 19 and 20: research activities and safety and occupational health surveys
- Section 22: safety committee and safety officers
- Inter-State migrant workers: benefits and allowance
- Inter-State Migrant Workmen Act, 1979: 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.