(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Power to direct inquiry into cases of accident or disease 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 105
Section 105 of the Code empowers the appropriate Government to appoint a competent person to hold a formal Court of Inquiry into the causes and circumstances of any accident, explosion, or occupational disease occurring in an establishment.
During a Section 105 Court of Inquiry, legal counsel must participate actively in all sittings, object to leading questions, cross-examine technical forensic witnesses on calibration protocols, and secure certified copies of all expert depositions.