Sections 92-93 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.
Part VIII of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) is the plantation Part. Section 92 covers welfare facilities in a plantation: housing, crèche, schools, health and recreation. Section 93 covers safety when workers use, handle, store or transport insecticides, pesticides and chemicals and toxic substances.
The State Government may prescribe that every plantation employer provide housing (with drinking water, kitchen and toilet) including the worker's family, a crèche where fifty or more workers (including contractor's workers) are or were employed on any day of the preceding twelve months, schooling where children aged six to twelve exceed twenty-five, health facilities or Employees' State Insurance coverage, and recreation (92(1)). Section 93 requires safety arrangements, trained supervisors, worker training, periodic medical examination, health records, washing and protective equipment, and notices for chemical handling.
Sections 92 and 93 at a glance
| Provision | Subject | Requirement |
|---|---|---|
| 92(1)(a) | Housing | Necessary housing including drinking water, kitchen and toilet, for each worker and family |
| 92(1)(b) | Crèche | Where fifty or more workers are employed or were employed on any day of the preceding twelve months |
| 92(1)(c) | Education | Where children aged six to twelve exceed twenty-five |
| 92(1)(d) | Health | Health facilities for worker and family, or ESI coverage |
| 92(1)(e) | Recreation | Recreational facilities |
| 92(2) | Responsibility | Employer provides and maintains, from own resources or Government, Municipality or Panchayat schemes |
| 93(1)-(9) | Chemical safety | Safety arrangements, qualified supervisor, training, medical examination, records, protective gear, displays |
Who is covered
Both sections apply to "every plantation" and "the employer of a plantation". The OSH Code defines a plantation in section 2(1); see our article on plantation and related definitions. The Plantations Labour Act, 1951 is one of the 13 Acts the Code repeals, so these welfare duties now come from the Code; the old-law background is in our plantation labour guide. A plantation employer also needs to check the general duties in sections 23 and 24, since section 92 operates "without prejudice to" them.
The State Government makes the rules for facilities and for the chemical safety details, because the text uses "the State Government may prescribe" in sections 92(1) and 93(2), (4) to (7) and (9). If your plantation spans States, read each State's OSH rules. For help mapping duties across estates, our labour law compliance team can assist.
Section 92: welfare facilities
Housing (92(1)(a)). "Necessary housing accommodation including drinking water, kitchen and toilet to every worker employed in the plantation (including his family)."
Crèche (92(1)(b)). Crèche facilities where fifty or more workers, including workers employed by any contractor, are employed or were employed on any day of the preceding twelve months. There are two provisos. An establishment may use a common crèche of the Central Government, State Government, municipality, private entity, non-governmental organisation or any other organisation, or a group of establishments may pool resources for a common crèche.
Education (92(1)(c)). Educational facilities for the workers' children where children between six and twelve exceed twenty-five in number.
Health (92(1)(d)). Health facilities for every worker including his family, or coverage under the Employees' State Insurance Act, 1948. Our ESI and PF registration service can help where ESI coverage is the route chosen.
Recreation (92(1)(e)). Recreational facilities for workers.
Employer's responsibility (92(2)). The employer is responsible to provide and maintain the welfare facilities the workers are entitled to under the Code, from his own resources or through schemes of the Central Government, State Government, Municipality or Panchayat for the locality. The Explanation adopts the meaning of "Municipality" and "Panchayat" in article 243 of the Constitution.
Section 93: safety with pesticides and chemicals
| Sub-section | Duty |
|---|---|
| 93(1) | Arrangements for the safety of a worker in connection with the use, handling, storage and transport of insecticides, pesticides, chemicals and toxic substances |
| 93(2) | State Government may prescribe special safeguards for employment of women or adolescents in using or handling hazardous chemicals |
| 93(3) | Appoint persons with prescribed qualifications to supervise use, handling, storage and transport |
| 93(4) | Train every worker who handles, mixes, blends or applies these substances on hazards, safety measures, safe practices in emergencies such as spillage, and other prescribed matters |
| 93(5) | Periodic medical examination of exposed workers, in the prescribed manner |
| 93(6) | Maintain a health record of every exposed worker; the worker has access to it |
| 93(7) | Provide washing, bathing and clock room facilities, and protective clothing and equipment, to workers handling these substances |
| 93(8) | Display a list of permissible concentrations in the breathing zone of workers handling or applying them |
| 93(9) | Exhibit precautionary notices, as prescribed, on the hazards |
Note the different actors. The employer must do the listed things; the State Government prescribes the manner, qualifications and the specific contents. The Code gives no figure for the periodicity of medical examinations in plantations; it says "periodically, in such manner as may be prescribed by the State Government". Compare the twelve-month outer limit for factory hazardous processes in section 85; see our article on sections 84 and 85.
Example. An estate employs 80 workers including 30 engaged through a labour contractor. Because the headcount counted under 92(1)(b) includes contractor workers, the fifty-worker threshold is crossed, and the estate must plan a crèche, or use a common crèche or a pooled arrangement. The same estate appoints a trained supervisor for spraying, trains sprayers, keeps health records and shows the notice on permissible concentrations.
Consequences of non-compliance
A contravention of a duty under these sections can attract the general penalty in section 94 or, where it is a duty breach causing an accident, section 103. See section 94 for the penalty amounts.
Need help with plantation compliance?
Plantation employers carry housing, crèche, health and chemical safety duties, and the headcount tests include contractor workers. Our labour law compliance team can check your estates against the State rules and prepare a checklist.
Key takeaways
- Section 92 lets the State Government require housing, crèche, schooling, health or ESI coverage and recreation.
- The crèche test is fifty or more workers, including contractor's workers, on any day of the preceding twelve months; the school test is more than twenty-five children aged six to twelve.
- Section 93 requires training, supervision, medical checks, records, protective gear and notices for chemical handling.
- Employers may use Government or local body schemes to meet the welfare duties.
Read next
- Section 24: welfare facilities in the establishment
- Section 94: general penalty for offences
- Sections 89 to 91: right to warn of imminent danger
- Plantation labour: working conditions, hours and annual compliance
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.