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Section 21: Power of Central Government to declare standards

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IV: Occupational Safety and Health
Competent Labour Forum
Act No. 37 of 2020
Section 20 All 143 Sections of OSH Code, 2020 Section 22

Legal Commentary & Landmark Judgments: Section 21

Section 21 of the Occupational Safety, Health and Working Conditions Code, 2020 mandates the compilation of national occupational safety statistics and the establishment of a centralized digital portal for the voluntary self-registration of inter-State migrant workers, ensuring cross-border tracking and inter-state portability of social welfare and safety entitlements.

  • Unified National Migrant Worker Database & Portal: Mandates the Central Government to establish and maintain an electronic portal (e-Shram/national database) enabling inter-State migrant workers to register voluntarily or through employers using Aadhaar and self-declaration of occupation.
  • Dynamic Inter-State Portability of Entitlements: Creates a legal foundation for registered migrant workers to access social security benefits, ration entitlements under PDS, health coverage under ESIC, and accident compensation across state boundaries without re-registration.
  • Mandatory Employer Statistical Submissions: Requires employers to electronically upload statistical returns detailing the number of inter-State migrant workers employed, wage structures, housing provisions, and occupational health metrics.
Key Landmark Precedents:
  • In Re: Problems and Miseries of Migrant Labourers (2021) SCC OnLine SC 422: Supreme Court issued comprehensive directions under Article 21 and Article 32 directing the Union Government and States to urgently register all unorganized and inter-State migrant workers on the e-Shram portal to ensure delivery of statutory welfare and rations.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: Supreme Court held that the State and employers have an affirmative constitutional duty to identify, enumerate, and protect migrant and bonded laborers, holding that invisibility in administrative records perpetuates exploitation.
Courtroom Practice & Strategic Litigation Guidance:

HR departments employing out-of-state contract or direct workers must integrate the e-Shram API into their onboarding software. Ensure that within fifteen days of joining, every inter-State migrant worker is verified, Aadhaar-seeded, and registered on the portal. Retain digital e-Shram UAN cards in personnel files to ensure absolute compliance during statutory labor audits.

Section 20 All 143 Sections of OSH Code, 2020 Section 22