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Section 34: Display of notices

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

Statutory Mandate
Chapter VII: Maintenance of Registers, Records and Returns
Competent Labour Forum
Act No. 37 of 2020
Section 33 All 143 Sections of OSH Code, 2020 Section 35

Legal Commentary & Landmark Judgments: Section 34

Section 34 of the Occupational Safety, Health and Working Conditions Code, 2020 establishes a modernized inspectorate regime by appointing Inspector-cum-Facilitators and Chief Inspector-cum-Facilitators, transforming the regulatory philosophy from punitive adversarial policing into a web-based, randomized, transparent inspection model combining advisory facilitation with statutory enforcement powers.

  • Dual Role as Facilitator & Law Enforcer: Appoints officers who are statutorily required not merely to inspect and prosecute, but to counsel, advise, and facilitate employers in understanding and complying with occupational safety, health, and working condition standards.
  • Web-Based Randomized Inspection Scheme: Mandates that inspections shall be conducted pursuant to an objective, randomized web-based inspection scheme designed by the appropriate Government, eliminating unchecked bureaucratic discretion and targeted administrative harassment.
  • Deemed Public Servant Status & Immunity: Declares all Inspector-cum-Facilitators to be public servants within the meaning of Section 21 of the Indian Penal Code (Section 2(28) of Bharatiya Nyaya Sanhita), conferring statutory protection for acts done in good faith while enforcing the Code.
Key Landmark Precedents:
  • State of U.P. v. Babu Ram Upadhya AIR 1961 SC 751: Supreme Court affirmed that the statutory appointment and exercise of powers by public officers must strictly adhere to the governing legislative rules and guidelines, preventing arbitrary administrative excess.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court recognized the vital statutory role of factory inspectorates in protecting worker lives and enforcing workplace safety as an integral facet of constitutional governance under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

When interacting with an Inspector-cum-Facilitator, management should adopt a collaborative, facilitative engagement. Verify that the inspection is backed by an official system-generated inspection order issued through the centralized web portal. In complex technical processes, formally solicit written advisory guidance from the facilitator regarding safety upgrades, documenting proactive compliance efforts.

Section 33 All 143 Sections of OSH Code, 2020 Section 35