Section 90: Penalties for other offences

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

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 90

Section 90 of the Code provides the omnibus penalty framework for other offenses and contraventions of the Code not specifically addressed in the preceding penal sections, establishing fines of up to one lakh rupees.

  • Omnibus Residuary Penal Provision: Covers administrative defaults, procedural lapses, failure to display statutory notices, or late return filings across all covered establishments.
  • Proportional Financial Penalties: Replaces imprisonment with financial deterrence for minor administrative defaults, aligning with modern regulatory decriminalization objectives.
  • Escalation Mechanism for Recidivism: Allows courts to impose maximum fines and refer repetitive offenders for enhanced scrutiny or license suspension under administrative powers.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court recognized the distinction between core safety violations and ancillary administrative lapses in industrial enforcement.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed that administrative penalties for failing to maintain records are constitutional and necessary to ensure systemic compliance.
  • State of M.P. v. Kedar Narain AIR 1969 MP 110: Held that procedural non-compliances must be swiftly rectified to avoid cumulative financial penalties.
Courtroom Practice & Strategic Litigation Guidance:

Conduct quarterly internal compliance audits across all administrative registers, notice boards, and annual returns to clear procedural deficiencies before statutory inspections trigger Section 90 fines.