Section 3 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 3 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) requires the employer of an establishment to apply electronically to a registering officer for registration, and sets out how the certificate is issued, amended and cancelled. It also bars an unregistered employer from employing any employee, and deems existing registrations under other Central labour laws to be registrations under the Code.
Every employer of an establishment that comes into existence after commencement and to which the Code applies must apply within sixty days of applicability. If the registering officer does not act within the prescribed period, the establishment is deemed registered and the certificate is auto-generated. Changes must be intimated within thirty days; on closure the employer informs the officer and certifies payment of all dues within thirty days, and the certificate is cancelled within sixty days. An employer who has not registered (or whose appeal has failed) shall not employ any employee (section 3(7)).
Section 3 at a glance
| Sub-section | What it says |
|---|---|
| 3(1) | The employer of an establishment that comes into existence after commencement and to which the Code applies must apply electronically to the registering officer within sixty days from the date of applicability; late applications may be entertained on payment of late fees prescribed by the appropriate Government |
| 3(2) | The application is in the prescribed manner and form, with particulars including information on employment of inter-State migrant workers, and the prescribed fee |
| 3(3) | The registering officer registers the establishment and issues the certificate electronically; if he fails to register or entertain the application within the prescribed period, the establishment is deemed registered, and the certificate is auto-generated, the responsibility for the failure being on the registering officer |
| 3(4) | Any change in ownership or management or in the particulars in the application must be intimated electronically within thirty days; the officer amends the certificate |
| 3(5) | On closure, the employer informs the officer and certifies payment of all dues to the workers within thirty days; the officer removes the establishment from the register and cancels the certificate within sixty days, failing which cancellation is deemed and auto-generated |
| 3(6) | Registration obtained by misrepresentation or suppression of a material fact is a contravention for prosecution under section 94, without affecting registration; registration obtained so fraudulently that it has become useless or ineffective can be revoked after a hearing, within sixty days of the facts coming to notice |
| 3(7) | No employer who has not registered, or who has not appealed under section 4 against a cancellation or revocation (or whose appeal is dismissed), shall employ any employee |
| 3(8) | An establishment already registered under any Central labour law (or other notified law) is deemed registered under the Code, if the registration holder gives details to the registering officer in the prescribed time and form |
Who needs to register depends on the definition of establishment: ten or more workers in general, and a mine or port with dock work regardless of headcount. See section 2: establishment, factory and manufacturing process. Employers who want help with the first registration can use our shops and establishments registration service.
Timeline of obligations
| Event | Employer's duty | Time |
|---|---|---|
| Code becomes applicable to a new establishment | Apply electronically for registration | Within 60 days (late fee if later) |
| Registering officer receives application | Register and issue certificate | Within the prescribed period, else deemed registered |
| Change in ownership, management or particulars | Intimate electronically | Within 30 days |
| Closure of establishment | Inform closure and certify payment of all dues | Within 30 days |
| Closure information received | Officer cancels certificate | Within 60 days, else deemed cancelled |
| Discovery of ineffective or fraudulent registration | Officer may revoke after hearing | Within 60 days of the facts coming to notice |
The Code puts the responsibility for delay on the registering officer, not the employer, where deemed registration or cancellation kicks in. That shifts the risk of officer inaction away from the employer, but an employer still needs a complete application to start the clock.
The Central Rules, 2026: rule 3
Rule 3 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) sets the procedure for Central-sphere establishments. Where the State Government is the appropriate Government, the State's own rules apply.
- Application (3(1)). Electronically in FORM-I on the Shram Suvidha Portal or a portal designated by the Central Government, with the particulars of the establishment, registration documents and proof of identity and address.
- Certificate (3(2)). Issued electronically in FORM-III forthwith, but not later than seven days from a complete application; if not issued in that time, the establishment is deemed registered and the certificate is auto-generated in FORM-III.
- Late fee (3(3)). For registration after sixty days from the date of notification of the rules, a late fee to be specified by the Central Government through a general or special order. The Rules do not state an amount.
- Display and transfer (3(4)). The certificate is non-transferable and must be displayed at conspicuous places in the premises.
- Direction to comply (3(5)). The registering officer may order an employer who has not complied with sub-rule (1) to comply within a specified time.
- Existing registrants (3(6)). An employer registered under any other Central labour law must update registration particulars in FORM-I within six months from the date the rules come into force.
- Quote the number (3(7)). The registration number is quoted on all documents and correspondence connected with the rules or schemes.
- Changes (3(8)). Changes to FORM-I particulars are updated on the portal within thirty days; the amended certificate in FORM-III issues within seven days of a complete application, failing which it is auto-generated.
- Register (3(9)). The registering officer maintains the register of establishments in FORM-V.
- Closure (3(10) and (11)). Within thirty days of closing (other than a mine), the employer files FORM-II with the Registering Officer and the Inspector-cum-Facilitator, along with a certificate of payment of all dues and statutory returns to workers; the information is auto-shared with EPFO and ESIC. On a complete FORM-II the officer cancels the certificate and issues FORM-IV within sixty days, failing which cancellation is auto-generated.
See rule 3 for a rule-wise treatment and Forms I to VII for the forms.
Consequences of not registering
- No employment. Section 3(7) bars an unregistered employer from employing any employee.
- Misrepresentation. Under section 3(6)(a), suppressing or misrepresenting a material fact in the application is treated as a contravention for prosecution under section 94, which provides a penalty of not less than Rs 2 lakh but up to Rs 3 lakh, and, if the contravention continues after conviction, a further penalty up to Rs 2,000 for each day. The registration itself continues. See our note on section 94.
- Revocation. Under section 3(6)(b), a registration obtained fraudulently (so that it is useless or ineffective) can be revoked after a hearing. The employer may appeal under section 4 within thirty days.
Example. A logistics company opens a new depot with 30 workers and the Code applies to it on 1 July. It must apply in FORM-I within sixty days, that is by 30 August. It applies on 15 July with a complete application; if no certificate issues within the prescribed period, the depot is deemed registered and the certificate is auto-generated. In November the company changes its managing director; it must update the portal within thirty days. If it closes the depot in March, it files FORM-II within thirty days with a certificate of payment of all dues.
Need help with registration?
A missed sixty-day window, an out-of-date certificate or a closure filed without the dues certificate can block employment and invite prosecution. Our shops and establishments registration team can prepare the FORM-I application, collect the supporting documents and track updates and closures. Share your establishment details and any existing registrations.
Key takeaways
- Apply electronically within sixty days of applicability; late applications need a late fee set by the appropriate Government.
- If the officer fails to register within the prescribed period, registration is deemed and the certificate is auto-generated; the responsibility is on the officer.
- Intimate changes within thirty days; on closure, inform the officer and certify payment of dues within thirty days, and expect cancellation within sixty days.
- Misrepresentation is prosecutable under section 94; an ineffective or fraudulent registration can be revoked after a hearing.
- An unregistered employer shall not employ any employee; existing Central-law registrations are deemed registrations if details are given.
Read next
- Section 4: appeal against a registration order
- Section 5: notice of commencement and cessation of operation
- Rule 3: application for registration of an establishment
- Shram Suvidha Portal: contract labour registration online
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.