Section 5 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 5 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) requires the employer of a factory, mine, contract labour establishment or building or other construction work to send a notice before starting operations, and to intimate when they cease. Both notices must be given electronically, to the authority and within the time the rules prescribe.
No employer of an establishment that is a factory, a mine, or relates to contract labour or building or other construction work may use it to start operations without sending notice of the purpose in the prescribed form, manner, time and to the prescribed authority, and must also intimate cessation. Both must be electronic (section 5(2)). Under the Central Rules, 2026 (rule 4) an employer of a contract labour or construction establishment sends FORM-VI within thirty days of commencement or cessation, and a mine gives not less than thirty days' prior notice in FORM-VII.
What section 5 says
| Sub-section | Content |
|---|---|
| 5(1) | No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use the establishment to commence the operation of any industry, trade, business, manufacturing or occupation without sending notice of such purpose, in such form and manner, to such authority and within such time as prescribed; the employer must also intimate the cessation to that authority in the manner prescribed by the appropriate Government |
| 5(2) | The notice or intimation under sub-section (1) must be given electronically |
The section is separate from registration. Registration under section 3 makes the establishment known to the registering officer once; the section 5 notice tells the authority that operations are actually starting (or ending) at a site. The two steps answer different questions, so completing one does not replace the other.
The four categories come from the definitions. For "factory" and "mine" see section 2: establishment and factory and mine definitions. Businesses starting a new site can use our labour law compliance service to plan the registration and notice steps.
The Central Rules, 2026: rule 4
Rule 4 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) applies to Central-sphere establishments. Where the State Government is the appropriate Government, the State's own rules apply.
| Who | What | Form | Time |
|---|---|---|---|
| Employer of an establishment relating to contract labour or building or other construction work (rule 4(1)) | Notice of commencement or cessation to the registering officer and the Inspector-cum-Facilitator with jurisdiction | FORM-VI | Within thirty days of commencement or cessation |
| Same employer, on cessation (rule 4(2)) | Notice accompanied by a certificate that payment of all dues to the workers has been made and the premises are clear of any storage of hazardous chemicals and substances | FORM-VI, Part B | With the cessation notice |
| Employer of every mine (proviso to rule 4(2)) | Notice of commencement, re-opening, cessation, discontinuation or abandonment of operations, or closing of mines | FORM-VII | Not less than thirty days' prior notice |
What the forms ask
FORM-VI has two parts. Part A is the notice: registration number, name and address of the establishment, employer's name and designation, address for communication, nature of work, and either the date operations commenced (with approximate duration in years and months) or the date they ceased. Part B is the employer's certificate on cessation: payment of all dues to workers has been made, and the establishment is kept clear of any storage of hazardous chemicals and substances. The employer strikes out whichever is not applicable.
FORM-VII, for mines, opens with additional details for a notice of commencement: the Labour Identification Number (if any), mine code (if any), particulars of owner, agent and manager (name, father's name, address, mobile number, telephone, fax and email), the date the mine is intended to open, and whether plans required under the Regulations are enclosed. See Forms I to VII and rule 4.
Points to watch
- Factories. Section 5(1) names a factory, but rule 4 as printed speaks of contract labour and construction establishments (sub-rule (1)) and mines (proviso). The rule does not mention factories. Check the State's rules or any Central notification for the factory notice time and form; do not assume FORM-VI applies.
- Commencement timing. The Code says the notice must be sent before starting operations "within such time as may be prescribed"; rule 4(1) gives thirty days from commencement for contract labour and construction establishments. Read the two together and file at the start of work.
- Cessation is not closure. Cessation of operations at a project site is different from closing the establishment. Closure of the establishment and cancellation of registration follow section 3(5) and rule 3(10) and (11) (FORM-II and FORM-IV). Rule 4 speaks of cessation of operation of "the establishment", so confirm with the registering officer how a site-level end of work should be reported where the employer continues to run other sites.
- Dues and hazardous chemicals. The certificate on cessation needs a true statement that dues are paid and that no hazardous chemicals or substances are stored. Hold the final settlement records before signing.
- Mines. The mine notice is prior (at least thirty days) and covers re-opening, discontinuation and abandonment as well as start and cessation.
Example. A construction company wins a road project with 120 workers through contractors. It is a contract labour and construction establishment under the Central sphere (for example, a project for a Central authority). Within thirty days of starting work it files FORM-VI with the registering officer and the Inspector-cum-Facilitator. On completion, it files FORM-VI again with the certificate that dues to the workers are paid and the site holds no stored hazardous chemicals.
Need help with notices and site filings?
A missed commencement or cessation notice can cause difficulty at inspection and when you later close or cancel your registration. Our labour law compliance team can prepare and file FORM-VI and FORM-VII notices, and build a site-wise calendar. Share your project list and start dates.
Key takeaways
- Factories, mines, contract labour establishments and building or other construction work must give notice before starting operations and intimate cessation; both electronically.
- Rule 4 (Central sphere): FORM-VI within thirty days of commencement or cessation for contract labour and construction establishments, with a cessation certificate on dues and hazardous chemicals.
- Mines give at least thirty days' prior notice in FORM-VII, covering commencement, re-opening, cessation, discontinuation, abandonment or closing.
- Rule 4 as printed does not mention factories; check State rules for the factory notice.
- Closure of the establishment (section 3(5), rule 3) is a separate process from cessation at a site.
Read next
- Section 3: registration of certain establishments
- Section 6: duties of the employer
- Rule 4: notice of commencement and cessation of operation
- BOCW Act: safety, health and welfare provisions at construction sites
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.