Lakshmikumaran & Sridharan Attorneys
Manipur
Draft · 19 November 2021
Not in force yet

What are Manipur's rules under the Occupational Safety, Health and Working Conditions Code, 2020?

Jurisdiction: Manipur state rules under the Occupational Safety, Health and Working Conditions Code, 2020.

Manipur published the draft Occupational Safety, Health and Working Conditions Code (Manipur) Rules, 2021 on 19 November 2021 (Manipur Extraordinary Gazette No. 243) under section 133 of the OSH Code, 2020, for a 45-day objection period. The draft adapts the OSH (Central) Rules, 2020 for Manipur and repeals two existing state rule sets. This page synthesizes those provisions; the verbatim text is on the linked /states page and the source PDF is available below.

Enabling: Occupational Safety, Health and Working Conditions Code, 2020
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Key facts

Parent code
Occupational Safety, Health and Working Conditions Code, 2020
Jurisdiction
Manipur (state rules)
Published
19 November 2021
Gazette reference
Notification No. 5/44/2018-L&E(Pt-2), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 243, 19 November 2021
Manipur OSH Rules

Key obligations

Scope, commencement and draft status

Source: Rule 1 and the notification header

The rules are titled the Occupational Safety, Health and Working Conditions Code (Manipur) Rules, 2021, extend to the whole state, and were published in draft for public objection.

  • These rules may be called the Occupational Safety, Health and Working Conditions Code (Manipur) Rules, 2021 and extend to the whole of Manipur (rule 1).
  • They come into force from the date of their final publication in the Official Gazette (rule 1); as published they are draft rules issued under section 133(1) of the OSH Code, 2020 for a 45-day objection period, not final notified rules (notification header).

Definitions and adaptation of the Central Rules

Source: Rules 2 to 3 and the explanatory statement

The operative safety, health and working-condition detail is imported by adapting the OSH (Central) Rules, 2020 rather than being restated in the Manipur draft.

  • The rules define Central Government, Code, Labour and Employment Department, section and State Government by reference to the Manipur context (rule 2).
  • The Occupational Safety, Health and Working Conditions Code (Central) Rules, 2020 are adapted for Manipur except their rule 1 and rules 80 to 166 pertaining to mines, with central designations such as Chief Labour Commissioner (Central) and Labour Enforcement Officer (C) read as the Labour Commissioner, Manipur and Labour Inspector, and certain references to the concerned State Authority and State Government deleted (rule 3).
  • The draft's explanatory statement records that central rules 2 to 79 and 167 are adopted because the matters to be prescribed are the same; the statement's reference to the Industrial Relations Code, 2020 in this OSH instrument appears to be a drafting slip carried through the gazette (explanatory statement).

Repeal of existing state rules, removal of difficulty and residuary matters

Source: Rules 4 to 6 (Chapter II)

Chapter II repeals two existing Manipur rule sets and leaves interpretation difficulties and unprovided matters to the State Government.

  • On commencement, the Manipur Factories Rules and the Manipur Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules stand repealed, with anything already done under them saved and deemed done under the corresponding provisions of these rules (rule 4); the parsed adaptation clause and explanatory statement number these residuary rules slightly differently, but the operative rule body numbers repeal as rule 4, removal of difficulty as rule 5 and residuary provisions as rule 6.
  • Any difficulty in the interpretation and application of a rule is referred to the State Government, whose order is binding on the matter (rule 5).
  • Matters for which the rules make no express provision are referred by the Labour and Employment Department to the State Government, and any such decision is notified in the Official Gazette (rule 6).

Frequently asked questions

Official gazette PDF

Notification No. 5/44/2018-L&E(Pt-2), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 243, 19 November 2021

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