Sections 36 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 36 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives the District Magistrate the powers of an Inspector-cum-Facilitator in respect of mines, as the Central Government prescribes. Section 37 lets the appropriate Government empanel experts for third party audit and certification of start-up establishments, through a web-based scheme.
Section 36: within his local limits, the District Magistrate exercises such powers and duties of the Inspector-cum-Facilitator in respect of mines as the Central Government prescribes. Section 37: the appropriate Government may, by notification, formulate a scheme to empanel experts with prescribed qualifications and experience for such start-up establishments or class of establishments as it specifies. The experts are assigned audits in a randomised manner through a web-based scheme and report to the employer and to the Inspector-cum-Facilitator.
Section 36: the District Magistrate and mines
Section 36 is a single sentence. The District Magistrate:
- acts within the local limits of his jurisdiction;
- exercises such powers and duties of the Inspector-cum-Facilitator;
- in respect of mines only; and
- as may be prescribed by the Central Government.
The section does not list the powers. They are to come from what the Central Government prescribes. Under the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), Rule 79 says that the powers and duties of the District Magistrate in respect of mines will be specified by general or special order of the Central Government, issued from time to time. The rule itself lists no powers, so mine owners and managers should look for the order. For the full list of powers of an Inspector-cum-Facilitator that such an order could draw on, see section 35.
Section 37: third party audit and certification
| Sub-section | Content |
|---|---|
| 37(1) | The appropriate Government may, by notification, formulate a scheme to empanel experts with prescribed qualifications and experience for start-up establishments or classes of establishments specified in the notification |
| 37(2)(a) | Experts are assigned the audit and certification in a randomised manner, by the appropriate Government, through a web-based scheme |
| 37(2)(b) | They carry out audit and certification in the manner and for the purpose specified in the scheme |
| 37(2)(c) | They perform the duties specified in the scheme and submit the report to the concerned employer and to the Inspector-cum-Facilitator |
Who is covered
Only start-up establishments or classes of establishments that the notification specifies. The Code does not define a start-up in this section, so the notification is the place to check. Start-ups that want to know whether they fall within a notified class can use our labour law compliance service to read the notification and map it to their headcount and activity.
How the scheme works
- Notification. The appropriate Government notifies the scheme and the class of establishments.
- Empanelment. Experts with the prescribed qualifications and experience are empanelled.
- Random assignment. The Government assigns the audit through a web-based scheme, so the establishment does not pick its auditor.
- Audit and certification. The expert audits as the scheme specifies.
- Report. The report goes to both the employer and the Inspector-cum-Facilitator.
The Code describes this as a way of carrying out audit and certification through a third party, alongside the inspection scheme in section 34. It does not say in section 37 what effect a certificate has on inspections by the Inspector-cum-Facilitator. Do not assume an exemption from inspection unless the notified scheme gives one.
What the Central Rules, 2026 say (Rule 80)
Rule 80 says that the scheme will be notified for empanelling experts for third party audit and certification, and that the qualifications, experience, duties and responsibilities of the experts to be empanelled will be notified by general or special order of the Central Government issued from time to time. The rule does not itself give qualifications or a fee. Where a State Government is the appropriate Government for your establishment, look to the State's scheme and rules.
For the rule-by-rule treatment, see Rules 79 and 80 on the District Magistrate and experts for third party audit.
Practical points
- Check your status. Find out whether your establishment is in a class notified under section 37(1). Until a notification applies, the section gives you no audit route.
- Expect random allocation. You will not choose the expert; the web-based scheme assigns one.
- Prepare the files. An auditor will ask for the same records an inspector would; see section 33.
- Copy the report. The report goes to the Inspector-cum-Facilitator too, so fix findings before the report, or be ready to show the corrective steps.
- Mine owners. Watch for the Central Government's general or special order on the District Magistrate's powers.
Example. A notified class of start-up establishments is allotted an empanelled expert through the web-based scheme. The expert audits the workplace as the scheme requires and sends the report to the employer and the Inspector-cum-Facilitator. The employer corrects the points listed in the report and keeps the evidence of correction on file.
Need help with audits and mine-related orders?
Whether a start-up falls in a notified class, and what to do when a report reaches the Inspector-cum-Facilitator, are practical questions. Our labour law compliance team can read the notification or order that applies and set up a preparation routine for audit and inspection.
Key takeaways
- Section 36: the District Magistrate exercises Inspector-cum-Facilitator powers in respect of mines, as prescribed by the Central Government.
- Rule 79: those powers are to be specified by general or special order.
- Section 37: a notified scheme for empanelled experts for start-up establishments; random, web-based assignment; report to employer and Inspector-cum-Facilitator.
- Rule 80: qualifications and duties of experts will be notified by general or special order.
Read next
- Section 35: powers of Inspector-cum-Facilitator
- Section 38: special powers of Inspector-cum-Facilitator
- Rules 79 and 80: District Magistrate and experts for third party audit
- 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.