What are Dadra & Nagar Haveli and Daman & Diu's rules under the Occupational Safety, Health and Working Conditions Code, 2020?
Jurisdiction: Dadra & Nagar Haveli and Daman & Diu state rules under the Occupational Safety, Health and Working Conditions Code, 2020.
The Union Territory of Dadra & Nagar Haveli and Daman & Diu published the draft Dadra and Nagar Haveli and Daman and Diu Occupational Safety, Health and Working Conditions Rules, 2023 on 24 November 2023 under sections 133 and 135 of the OSH Code, 2020, inviting objections within thirty days. The 151-rule draft covers registration, employer duties, the safety and health board, hours and leave, registers, inspectors, women's employment and contract, migrant, beedi and factory provisions. This page synthesizes the gazette; the verbatim text is on the linked /states page and the source PDF is available below.
Key facts
- Parent code
- Occupational Safety, Health and Working Conditions Code, 2020
- Jurisdiction
- Dadra & Nagar Haveli and Daman & Diu (state rules)
- Published
- 24 November 2023
- Gazette reference
- Notification No. LE/LI/DMN/OSHWC/382/2023/566, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under sections 133 and 135 of the Occupational Safety, Health and Working Conditions Code, 2020 for a thirty-day objection period
Key obligations
Scope, commencement and draft status
Source: Rule 1, rule 151 and the notification header
The rules are titled the Dadra and Nagar Haveli and Daman and Diu Occupational Safety, Health and Working Conditions Rules, 2023, extend to the whole Union Territory, and were published in draft for public objection.
- These rules may be called the Dadra and Nagar Haveli and Daman and Diu Occupational Safety, Health and Working Conditions Rules, 2023 and extend to the whole Union Territory (rule 1(1) to (2)).
- They come into force from the date on which the Code is enforced by the Central Government by notification in the Official Gazette (rule 1(3)); as published they are draft rules issued under sections 133 and 135 of the Code, with the notification inviting objections within thirty days of publication (notification header).
- The draft is made in supersession of a list of earlier instruments named in the header, including the Building and Other Construction Workers, Contract Labour, Factories, Inter-State Migrant Workmen and Motor Transport Workers rules applicable in the two former Union Territories, and rule 151 carries a savings and repeal clause.
Registration and duties of employers
Source: Rules 6 to 18 (Chapters II and III)
Chapters II and III govern registration on the portal and the employer's duties on medical examination, appointment letters and reporting of accidents, occurrences and disease.
- An establishment is registered by application in Form-04 on the portal with a fee on a slab scale from Rs. 1,000 to Rs. 50,000 by employee count, and registration is deemed granted if the registering officer does not act within the prescribed period (rules 6 to 7); a late application attracts a twenty-five per cent late fee (rule 9).
- Every employer arranges a free annual medical examination for employees over forty-five, and a bi-annual examination for those handling hazardous substances or processes, recorded in Form-09 (rule 12), and issues an appointment letter in the prescribed format to every employee (rule 13).
- A fatal accident is reported to the registering officer or designated authority and the Chief Inspector-cum-Facilitator within twelve hours and confirmed in Form-10 within twenty-four hours, and an accident disabling a person for forty-eight hours or more is reported in Form-10 (rule 14); a dangerous occurrence is notified in Form-11 within twelve hours (rule 15) and a notifiable disease in Form-12 (rule 16).
Occupational safety and health board, committees and officers
Source: Rules 19 to 33 (Chapter IV)
Chapter IV constitutes the OSH Advisory Board and requires safety committees and safety officers at defined thresholds.
- The Dadra and Nagar Haveli and Daman and Diu Occupational Safety and Health Advisory Board is chaired by the Commissioner-cum-Secretary (Labour) with named official members and nominated employer, employee and expert members holding a three-year term (rule 19), meeting on fifteen days' notice, deciding by majority with a casting vote and requiring a quorum of ten members (rules 20 to 30).
- A Safety Committee is set up in every establishment with two hundred and fifty or more employees, or which handles a hazardous substance or carries on a hazardous process and employs fifty or more, with equal management and elected employee representation, a two-year tenure and quarterly meetings (rule 32).
- A Safety Officer is required for factories employing between five hundred and one thousand workers, with an additional officer per further five hundred, and for hazardous-process factories or building and construction work employing between two hundred and fifty and five hundred workers, subject to specified qualifications and defined safety duties (rule 33).
Hours of work and leave
Source: Rules 34 to 38 (Chapter V)
Chapter V governs weekly and compensatory holidays, overtime wages and limits, and the notice of periods of work.
- A worker required to work on the weekly holiday must have a substituted holiday within three days before or after, with no substitution allowing more than ten consecutive days without a whole holiday (rule 34), and a lost weekly holiday is compensated within the month or the following two months (rule 35).
- Overtime beyond eight hours in a day or forty-eight hours in a week is paid at twice the ordinary rate at the end of each wage period, with fractions of an hour rounded on a defined basis (rule 36).
- The total hours of work in a day must not exceed twelve, the spread-over must not exceed thirteen hours, weekly hours including overtime must not exceed seventy-two, and overtime must not run for more than seven days at a stretch or exceed one hundred and fifty hours in a quarter (rule 37); a notice of periods of work is displayed and maintained in Form-15 (rule 38).
Registers, inspectors and employment of women
Source: Rules 39 to 60 (Chapters VI to VIII)
These chapters govern attendance and other registers, the annual return, inspector qualifications and powers, and the conditions for employing women at night.
- The employer keeps a muster-roll in Form-16 (with a biometric alternative permitted), an attendance card in Form-17, and registers of accidents, leave with wages, overtime and wages, preserving them for three years (rules 39 to 45), and files an annual return in Form-21 by 28 February (rule 50).
- The Chief Inspector-cum-Facilitator and Inspectors-cum-Facilitators are appointed with specified qualifications and may inspect and photograph premises and records, take samples of substances through an accredited laboratory in Form-22 and Form-23, and empanel experts and medical officers (rules 51 to 58).
- A medical officer examines and certifies the fitness of an adolescent in Form-24, valid for twelve months, on a fee of one thousand rupees paid by the employer (rule 59).
- Women employees may, with their written consent, be employed before 6:00 AM and beyond 7:00 PM subject to safeguards including transport, well-lit workplaces and facilities near the workplace, compliance with maternity-benefit provisions and the sexual harassment law, and a minimum of three women on duty together in a below-ground mine (rule 60).
Contract labour, migrants, beedi and cigar, factories and offences
Source: Rules 61 to 151 (Chapters IX to XII and the Schedules)
Chapter IX carries the special provisions for contract labour, inter-state migrants, audio-visual workers, beedi and cigar work and factories, with the closing chapters on offences and the Social Security Fund and the appended technical safety Schedules.
- A contractor's licence in Form-27 is issued on application in Form-26 with a fee and security by worker count, is non-transferable, requires wage parity with directly employed workers on similar work, and is deemed granted or renewed if the designated authority does not act in time (rules 61 to 65); the contractor is responsible for paying wages, and on the contractor's failure the principal employer is liable to pay in full and recover from the contractor (rule 66).
- An employer pays each inter-state migrant worker with at least one hundred and eighty days' service a lump-sum to-and-fro journey allowance at second-class fare plus one hundred rupees per family member per day of travel, recorded in Form-33, and the Chief Inspector-cum-Facilitator maintains a toll-free helpline for migrants (rules 76 to 78).
- Audio-visual worker agreements are made in Form-34 with a district-level dispute-resolution body deciding within forty-five days (rules 79 to 81), and a place used for beedi and cigar work is licensed in Form-52 on application in Form-51 with defined plan, renewal and timeline rules (rules 82 to 85); factory plans, safety provisions and the extensive technical Schedules for hazardous manufacturing processes follow from rule 86 onward.
- An enquiry into an offence is held by a district-level officer who completes it within sixty days and passes a speaking order, with appeal in Form-47 and composition in Form-48 (rules 145 to 147); the social security fund is credited ten rupees per worker at registration (rule 148), a common licence for factories, beedi and cigar premises and contractors is issued in Form-52 under rule 149, and rule 151 carries the savings and repeal clause.
Frequently asked questions
Official gazette PDF
Notification No. LE/LI/DMN/OSHWC/382/2023/566, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under sections 133 and 135 of the Occupational Safety, Health and Working Conditions Code, 2020 for a thirty-day objection period