Section 35 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 35 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives an Inspector-cum-Facilitator fourteen powers under sub-section (1), from entry and inspection to search, seizure, sampling, issuing a show cause notice and prosecution. Sub-sections (2) and (3) make non-production of documents a legal default and apply the criminal procedure on search and seizure.
Subject to rules, an Inspector-cum-Facilitator may enter a workplace, inspect premises, plant and records, inquire into accidents and dangerous occurrences, require production of registers, search and seize documents where an offence is suspected, take samples, photographs and videographs, issue a show cause notice, and prosecute or defend proceedings in court (section 35(1)). Anyone required to give documents or information is legally bound to do so (35(2)). Search and seizure follow the Code of Criminal Procedure, 1973 as they apply to a search under a warrant (35(3)).
The fourteen powers in section 35(1)
| Clause | Power |
|---|---|
| (i) | Enter any place used, or believed to be used, as a workplace, with assistance of government or public-authority staff or an expert as he thinks fit |
| (ii) | Inspect and examine the establishment, premises, plant, machinery, article or other relevant material |
| (iii) | Inquire into any accident or dangerous occurrence, whether or not it caused injury, disability or death, and take statements |
| (iv) | In a plantation, examine crops or workers and require registers and documents (subject to State rules) |
| (v) | Supply information and sensitise employers and workers on the Code and compliance |
| (vi) | Require production of any register or document relating to the workplace or work activity |
| (vii) | Search or seize, or take copies of, registers, records or documents in respect of an offence he has reason to believe has been committed |
| (viii) | Direct the occupier or employer that premises or things be left undisturbed as long as necessary for inspection or inquiry |
| (ix) | Take measurements, photographs and videographs and make recordings |
| (x) | Take samples of articles, substances and air in or near the premises, in the prescribed manner |
| (xi) | Direct an article or substance that appears dangerous to health and safety to be dismantled or tested and take possession and detain it as long as needed |
| (xii) | Issue a show cause notice on safety, health and welfare provisions under the Code, rules, regulations and bye-laws |
| (xiii) | Prosecute, conduct or defend any complaint or proceeding before any court under the Code, rules and regulations |
| (xiv) | Exercise other powers and perform other duties prescribed by the appropriate Government |
If an inspector has issued a show cause notice, sought your registers or started a prosecution, our dispute resolution service can help you prepare the reply and plan the next steps.
How the powers work in practice
Entry and inspection (clauses (i) and (ii))
Entry is allowed to any place used, or which the officer has reason to believe is used, as a workplace. The officer may bring government or public-authority staff, or an expert. The power to inspect covers premises, plant, machinery and any relevant material.
Accidents and dangerous occurrences (clause (iii))
The officer may inquire into an accident or dangerous occurrence even if no one was hurt, and may take statements on the spot or later. The employer's own duty to report is in sections 10 and 11.
Documents (clauses (vi) and (vii))
The officer can require any register or document relating to the workplace or work activity. Clause (vii) goes further: where he has reason to believe an offence under the Code has been committed, he may search or seize, or take copies of, documents. Keeping registers under section 33 in order, and in electronic form, makes compliance straightforward.
Measurement, sampling and dangerous articles (clauses (ix) to (xi))
Photographs, videographs and measurements are permitted. Samples of articles, substances and the atmosphere may be taken as prescribed. An article that appears to have caused or be likely to cause danger may be dismantled or tested, though not so as to damage or destroy it unless necessary, and may be possessed and detained as long as needed for examination.
Show cause, prosecution (clauses (xii) and (xiii))
The officer can issue a show cause notice on safety, health and welfare provisions and can prosecute, conduct or defend before any court. Responses to a show cause notice should be prompt, factual and supported by documents.
Sub-sections (2) and (3)
- 35(2): a person required to produce a document or give information is deemed legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
- 35(3): the Code of Criminal Procedure, 1973 applies, as far as may be, to a search or seizure under sub-section (1) as it applies to a search under a warrant issued under section 94 of that Code.
The Code cites the Indian Penal Code and the Code of Criminal Procedure. From 1 July 2024 these were replaced by the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS); the Code as enacted still carries the old references.
What the Central Rules, 2026 add
Where the Central Government is the appropriate Government, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) add detail:
- Rule 77 (samples). The officer takes samples as per the inspection scheme after informing the employer, where a substance in use is believed to contravene the Code or rules, or is likely to cause bodily injury or injury to health. The sample is divided into three portions, sealed and marked in the presence of the person informed (who may add their own seal). One portion goes to that person, one to a Government Analyst or an NABL-accredited laboratory, and the third is retained for production in court. A report of the analyst or laboratory can be used as evidence.
- Rule 78 (improvement notice). After every inspection, as deemed necessary, the officer issues an improvement notice in FORM-XXV pointing out non-compliance to the employer, occupier, manager, owner, master or officer-in-charge of the ship, or their agent, and at each inspection checks how far earlier shortcomings have been rectified, recording findings and orders.
See Rule 77 and Rule 78. Where a State is the appropriate Government, its own rules apply.
Practical points
- Ask for identity and authority before giving access, and cooperate; section 40 requires the employer to give reasonable facilities.
- Nominate one person to accompany the officer and note what is asked for and taken.
- Copy what is seized. Ask for a list of documents seized and keep your own set of copies.
- Seal and mark samples in your presence, and add your own seal under Rule 77.
- Answer improvement notices with a dated action plan and evidence of compliance.
Example. An inspector visits a factory after a minor dangerous occurrence, asks for the accident register, photographs a guarded press, takes a sample of a solvent and later issues an improvement notice in FORM-XXV. The employer produces the registers, receives one sealed portion of the sample, and replies to the notice with photographs showing the work done.
For the old-law comparison, see our guide on factory inspector powers and duties.
Need help with an inspection or notice?
A show cause notice or seizure needs a measured and documented response. Our dispute resolution team can review the notice, advise on your rights and duties under section 35 and draft a reply.
Key takeaways
- Fourteen powers in 35(1): entry, inspection, inquiry, registers, search and seizure, samples, show cause, prosecution.
- Non-production of documents or information is legally binding under 35(2).
- Search and seizure follow the Code of Criminal Procedure, 1973 (35(3)); replaced by the BNSS from 1 July 2024.
- Rule 77: samples in three portions; Rule 78: improvement notice in FORM-XXV.
Read next
- Section 34: appointment of Inspector-cum-Facilitators
- Sections 36 and 37: District Magistrate and third party audit and certification
- Rule 78: improvement notice
- Factory inspector powers and duties
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.