(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Power of court to make orders shall be enforced across all industrial premises, factories, mines, and workplaces throughout India.
(2) Every occupier, principal employer, contractor, and manager shall strictly implement the environmental benchmarks, machinery safeguards, working hour limitations, and welfare facilities specified under this section.
(3) Failure to maintain the health and safety standards mandated under this section shall constitute a punishable offence under Chapter XI, attracting fines and imprisonment where serious bodily injury or fatality occurs.
Legal Commentary & Landmark Judgments: Section 100
Section 100 of the Code empowers the criminal court convicting an employer or occupier to make remedial orders directing specific safety measures to be undertaken within a specified period, in addition to or in lieu of imposing penalties.
If convicted under the Code, defense counsel should proactively petition the court under Section 100 for an order specifying a realistic ninety-day remediation plan, presenting a turnkey engineering proposal to suspend immediate penal escalation.