Section 4 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 4 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives any person aggrieved by an order under section 3 a right to appeal, within thirty days, to an appellate officer notified by the appropriate Government. The appellate officer must hear the appellant and dispose of the appeal within thirty days of receiving it.
Any person aggrieved by an order made under section 3 may appeal within thirty days of the date the order is communicated to him to the appellate officer notified by the appropriate Government. Delay may be condoned if the appellant was prevented by sufficient cause. The officer must give the appellant an opportunity of being heard and dispose of the appeal within thirty days of receipt. The appeal matters because, under section 3(7), an employer whose registration is cancelled or revoked cannot employ any employee unless he has appealed and the appeal is pending or allowed.
What section 4 says
| Sub-section | What it says |
|---|---|
| 4(1) | Any person aggrieved by an order made under section 3 may, within thirty days from the date on which the order is communicated, prefer an appeal to an appellate officer notified in this behalf by the appropriate Government |
| Proviso to 4(1) | The appellate officer may entertain the appeal after thirty days if satisfied that the appellant was prevented by sufficient cause from filing in time |
| 4(2) | On receipt, the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal within thirty days from the date of receipt |
The appellate officer is not named in the Code. It is a person notified by the appropriate Government, so the Central Government notifies for Central-sphere establishments and the State Government for the rest. For help working out which authority applies to your site, see our legal dispute resolution service.
Which orders under section 3 can be appealed
Section 4 refers to "an order made under section 3". The orders that section 3 contemplates include:
- cancellation of registration on closure under section 3(5), including a failure to cancel that results in a deemed cancellation;
- revocation of registration after a hearing under section 3(6)(b), where registration was obtained so fraudulently or otherwise that it has become useless or ineffective; and
- any other order the registering officer makes under section 3. The Code does not itself use the word "refusal", but an order on an application under section 3(1) to (3) is an order under section 3.
Section 3(7)(b) links the appeal to employment. It says no employer who has not registered, or who has not preferred an appeal under section 4 against the cancellation or revocation of registration (or whose appeal has been dismissed), shall employ any employee. The practical effect is that an employer who receives a cancellation or revocation order should file the appeal quickly and keep proof of filing. The Code does not say in so many words that a filed appeal stays the order, so read the wording of the section 3(7) bar carefully and, where livelihoods depend on it, take advice before relying on it.
Our note on section 3 explains the registration steps, and the Central Rules, 2026 add detail for Central-sphere establishments.
Time limits in practice
| Step | Time limit | Source |
|---|---|---|
| Appeal to appellate officer | 30 days from communication of the order | Section 4(1) |
| Condonation of delay | If prevented by sufficient cause | Proviso to section 4(1) |
| Hearing and disposal | 30 days from receipt of appeal | Section 4(2) |
The thirty days run from the date the order is communicated to the appellant, not the date it is made. Keep the record of how and when it reached you: an electronic notice, an email or a speed-post acknowledgement. Because registration under the Code is electronic (section 3(1) and (3)), communication will often be through the portal.
Example. A registering officer revokes an establishment's registration on 10 March, after a hearing, on the ground that the registration had become ineffective. The order is emailed and uploaded on 12 March. The employer has thirty days from 12 March, that is until 11 April, to appeal. It appeals on 2 April. The appellate officer hears the employer and decides by 2 May (thirty days from receipt). If the employer had been ill and filed on 20 April, it would have to show sufficient cause for the delay under the proviso.
What to put in an appeal
The Code and the Central Rules, 2026 do not prescribe a form for a section 4 appeal; we found no rule that sets a separate procedure for it. A practical appeal states:
- the order appealed against, its date and the date of communication;
- the establishment's registration number and particulars;
- the facts and the grounds, for example that the dues were certified as paid, that the application was complete, or that no fraud or misrepresentation occurred; and
- the relief sought, with supporting documents, and a request for a hearing.
If the ground is delay, add a short statement of sufficient cause and supporting evidence. Because the appellate officer is notified by the appropriate Government, check the notification for the address, portal and any fee.
What happens after the appeal
If the appeal is allowed, the registration order is set aside or modified. If dismissed, section 3(7)(b) applies: the employer cannot employ any employee. Section 125 of the Code provides that no civil court has jurisdiction in respect of any matter to which any provision of the Code applies, so the route is the appellate officer under section 4. Any further remedy depends on general law and should be discussed with a lawyer.
Need help with an appeal?
A cancellation or revocation order can stop you from employing anyone, and the thirty-day clock is short. Our legal dispute resolution team can review the order, prepare the appeal and represent you before the appellate officer. Bring the order, the registration certificate and proof of the date it was communicated.
Key takeaways
- Appeal lies against any order made under section 3, to an appellate officer notified by the appropriate Government.
- The appeal period is thirty days from the date the order is communicated; delay can be condoned for sufficient cause.
- The officer must hear the appellant and dispose of the appeal within thirty days of receipt.
- Section 3(7)(b) bars an employer from employing anyone after cancellation or revocation unless an appeal has been preferred (and not dismissed).
- The Code and the Central Rules set no separate appeal form; check the notification naming the appellate officer.
Read next
- Section 3: registration of certain establishments
- Section 5: notice of commencement and cessation of operation
- Sections 51 and 52: revocation of licence and appeal
- Rule 3: application for registration of an establishment
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.