OSHWC Code 2020 – Chapter II: Registration (Sections 3–5) –
Detailed DGMS Exam Notes
✅ Section 3 — Registration of Certain Establishments 🔹 1. Who Must Register Employer of every establishment: - Coming into existence after Code commencement, AND
- To which OSHWC Code applies.
👉 Covers: Mines, factories, construction, contract labour establishments (DGMS-relevant).
🔹 2. Time Limit for Registration - Registration application must be filed within 60 days from:
- Date of applicability of Code, OR
- Date of establishment coming into existence.
Exam trap: Not from start of production — from applicability of Code.
🔹 3. Mode of Application Application must be: - Filed electronically only
- Submitted to Registering Officer
- In prescribed form
- With prescribed fees
- With prescribed particulars.
🔹 4. Mandatory Particulars in Application Must include: - Establishment details
- Employer details
- Nature of activity
- Worker strength
- Category of establishment
- Details of Inter-State Migrant Workers (important DGMS question point)
- Any other prescribed compliance data.
🔹 5. Late Registration Provision Registering Officer may accept late application: - After 60 days
- With late fee
- As prescribed by Appropriate Government.
👉 Not automatic — subject to prescribed rules.
🔹 6. Duty of Registering Officer After receiving valid application: Registering Officer must: - Register establishment
- Issue electronic registration certificate
- Within prescribed time
- Subject to prescribed conditions.
🔹 7. Deemed Registration Rule (Very Important) ⭐ If Registering Officer: - Fails to register, OR
- Fails to entertain application
- Within prescribed period
Then: - Establishment = Deemed Registered
- Certificate = Auto-generated
- Liability = On Registering Officer.
Exam keyword: Deemed registration provision.
🔹 8. Post-Registration Change Reporting Employer must inform within 30 days if any change occurs in: - Ownership
- Management
- Registered particulars
- Worker data
- Operational details.
Mode: - Electronic intimation
- Prescribed form.
Officer must: - Amend registration certificate electronically.
🔹 9. Closure of Establishment — Legal Duties Employer must inform within 30 days of closure: Must submit: - Closure intimation
- Certificate that all worker dues are paid
Registering Officer must: - Remove establishment from register
- Cancel registration certificate
- Within 60 days.
🔹 10. Deemed Cancellation Rule ⭐ If officer fails to cancel within 60 days: - Registration = Deemed Cancelled
- Auto-generated cancellation
- Responsibility on officer.
🔹 11. Fraud / Misrepresentation in Registration Case (a) — Misrepresentation / Suppression - Treated as contravention of Code
- Employer liable for prosecution under Section 94
- Registration still continues.
Case (b) — Fraudulent or Useless Registration If registration becomes: - Fraudulent
- Ineffective
- Useless for operation
Then: - Registering Officer may revoke registration
- Must give employer opportunity of hearing
- Must complete revocation within 60 days.
Exam difference:
Misrepresentation → prosecution
Fraudulent useless registration → revocation.
🔹 12. Employment Restriction (Critical DGMS Point) 🚫 Employer cannot employ workers if: - Establishment not registered, OR
- Registration cancelled/revoked, AND
- No appeal filed, OR
- Appeal dismissed.
👉 Direct compliance enforcement clause.
🔹 13. Deemed Registration for Existing Units If already registered under: - Any Central Labour Law, OR
- Any notified applicable law
Then: - Deemed registered under OSHWC Code.
Condition: - Registration details must be submitted to Registering Officer in prescribed time & form.
✅ Section 4 — Appeal Mechanism 🔹 Who Can Appeal Any person aggrieved by order under Section 3: - Refusal
- Revocation
- Cancellation
- Adverse order.
🔹 Appeal Timeline - Must file within 30 days of communication of order.
Delay allowed if: - Sufficient cause proven
- Appellate Officer satisfied.
🔹 Appellate Authority - Officer notified by Appropriate Government.
🔹 Disposal Time - Appeal must be disposed within 30 days
- After giving opportunity of hearing.
Exam keyword: Natural justice — opportunity of being heard.
✅ Section 5 — Notice of Commencement & Cessation 🔹 Applicable To Employer of establishment relating to: - Factory
- Mine ✅ (DGMS important)
- Contract labour
- Building & other construction work.
🔹 Before Starting Operations — Mandatory Notice Employer must send: - Notice of intention to commence operation
- In prescribed form
- To prescribed authority
- Within prescribed time.
🔹 Cessation Notice Employer must also: - Inform cessation of operations
- In prescribed manner.
🔹 Mode All notices: 🔹 Quick One-Liner Revision (Exam Boosters) - Registration time limit = 60 days from applicability.
- Mode = Electronic only.
- Late registration = Allowed with late fee.
- Change in ownership/management = Inform within 30 days.
- Closure intimation = Within 30 days.
- Cancellation by officer = Within 60 days.
- Officer delay → Deemed registration/cancellation.
- Fraud registration → Prosecution under Section 94.
- No registration = No employment allowed.
- Appeal period = 30 days.
- Commencement notice for mine/factory = Mandatory electronic notice.
| Item | Time Limit |
| Registration apply | 60 days |
| Change reporting | 30 days |
| Closure reporting | 30 days |
| Officer cancel after closure | 60 days |
| Appeal filing | 30 days |
| Appeal disposal | 30 days |
Q1 Registration under OSHWC Code must be applied within:
A. 15 days
B. 30 days
C. 45 days
D. 60 days
E. 90 days
Answer: D Solution: Section 3 mandates registration within 60 days of applicability.
Q2 Registration application must be filed:
A. In writing
B. By post
C. Electronically
D. Through union
E. In person only
Answer: C Solution: Application is compulsory in electronic mode only.
Q3 Registration is required from date of:
A. First production
B. First inspection
C. Code applicability
D. Worker joining
E. Profit generation
Answer: C Solution: Time limit counts from Code applicability, not production start.
Q4 Late registration may be accepted by:
A. Inspector
B. Appellate Officer
C. Registering Officer
D. DGMS
E. Tribunal
Answer: C Solution: Registering Officer may accept with late fee.
Q5 Late registration requires:
A. Court order
B. Union approval
C. Late fee
D. Worker consent
E. Gazette notice
Answer: C Solution: Acceptance after 60 days needs prescribed late fee.
Q6 Registration certificate is issued:
A. Physically
B. By courier
C. Electronically
D. By gazette
E. By court
Answer: C Solution: Certificate is issued electronically.
Q7 If officer delays registration, status becomes:
A. Rejected
B. Pending
C. Cancelled
D. Deemed registered
E. Suspended
Answer: D Solution: Deemed registration rule applies.
Q8 Deemed registration certificate is:
A. Manually signed
B. Auto-generated
C. Court issued
D. Temporary
E. Conditional
Answer: B Solution: Certificate is auto-generated on officer delay.
Q9 Responsibility for delay in registration lies on:
A. Employer
B. Worker
C. Contractor
D. Registering Officer
E. Union
Answer: D Solution: Law fixes responsibility on Registering Officer.
Q10 Change in ownership must be reported within:
A. 7 days
B. 15 days
C. 30 days
D. 60 days
E. 90 days
Answer: C Solution: Post-registration change → 30 days.
Q11 Change reporting mode is:
A. Written
B. Physical
C. Electronic
D. Oral
E. Not required
Answer: C Solution: All intimations are electronic.
Q12 Closure must be reported within:
A. 15 days
B. 30 days
C. 45 days
D. 60 days
E. 75 days
Answer: B Solution: Employer must inform closure within 30 days.
Q13 Closure notice must include:
A. Profit report
B. Worker dues certificate
C. Machinery list
D. Union letter
E. Tax return
Answer: B Solution: Proof of worker dues payment required.
Q14 Officer must cancel registration after closure within:
A. 15 days
B. 30 days
C. 45 days
D. 60 days
E. 90 days
Answer: D Solution: Cancellation limit = 60 days.
Q15 Officer delay in cancellation leads to:
A. Suspension
B. Fine
C. Deemed cancellation
D. Appeal
E. Re-registration
Answer: C Solution: Deemed cancellation rule applies.
Q16 Misrepresentation in registration leads to:
A. Warning
B. Suspension
C. Prosecution
D. Immediate closure
E. Transfer
Answer: C Solution: Section 94 prosecution.
Q17 Misrepresentation affects registration validity?
A. Always cancelled
B. Suspended
C. Continues
D. Doubtful
E. Temporary
Answer: C Solution: Registration continues but prosecution happens.
Q18 Fraudulent useless registration may be:
A. Ignored
B. Revoked
C. Extended
D. Renewed
E. Sealed
Answer: B Solution: Officer may revoke.
Q19 Before revocation officer must give:
A. Notice to union
B. Police report
C. Hearing opportunity
D. Court order
E. DGMS approval
Answer: C Solution: Natural justice — hearing required.
Q20 Revocation must be completed within:
A. 15 days
B. 30 days
C. 45 days
D. 60 days
E. 90 days
Answer: D Solution: Law fixes 60 days.
Q21 Without registration employer:
A. Can hire contract labour
B. Can operate partially
C. Cannot employ workers
D. Can employ supervisors only
E. Can employ trainees
Answer: C
Q22 Appeal against registration order filed within:
A. 15 days
B. 21 days
C. 30 days
D. 45 days
E. 60 days
Answer: C
Q23 Appeal authority is:
A. Inspector
B. DGMS
C. Appellate Officer
D. Court
E. Collector
Answer: C
Q24 Appeal disposal time:
A. 15 days
B. 30 days
C. 45 days
D. 60 days
E. 90 days
Answer: B
Q25 Appeal delay may be allowed if:
A. Fees paid
B. Worker agrees
C. Sufficient cause
D. Court directs
E. Employer insists
Answer: C
Q26 Section 5 applies to:
A. Shops only
B. Mines & factories
C. Schools
D. Offices only
E. Banks
Answer: B
Q27 Notice before starting mine operations is:
A. Optional
B. Verbal
C. Mandatory
D. Annual
E. Conditional
Answer: C
Q28 Commencement notice mode:
A. Paper
B. Physical
C. Electronic
D. Gazette
E. Manual
Answer: C
Q29 Cessation of operation must be:
A. Ignored
B. Reported
C. Approved by union
D. Court cleared
E. Gazetted
Answer: B
Q30 Inter-State migrant worker data is required in:
A. Appeal
B. License
C. Registration application
D. Wage return
E. Audit
Answer: C
Q31 Existing units registered under old labour laws are:
A. Unregistered
B. Cancelled
C. Deemed registered
D. Suspended
E. Temporary
Answer: C
Q32 Condition for deemed registration of old units:
A. Pay fee again
B. Fresh inspection
C. Submit details
D. Worker consent
E. Court order
Answer: C
Q33 Registration applies to contract labour establishments at:
A. Any size
B. Prescribed threshold
C. Only mines
D. Only factories
E. Only BOCW
Answer: B
Q34 Registering officer is appointed by:
A. Employer
B. Appropriate Government
C. DGMS
D. Court
E. Union
Answer: B
Q35 Registration certificate is subject to:
A. Union rules
B. Prescribed conditions
C. Worker vote
D. Local approval
E. Police clearance
Answer: B
Q36 Failure to entertain application leads to:
A. Rejection
B. Deemed registration
C. Appeal
D. Penalty
E. Closure
Answer: B
Q37 Closure cancellation auto-generation occurs after:
A. 30 days
B. 45 days
C. 60 days
D. 75 days
E. 90 days
Answer: C
Q38 Fraud registration revocation requires:
A. Worker vote
B. Hearing
C. Police FIR
D. Court stay
E. DGMS permit
Answer: B
Q39 Employment restriction clause ensures:
A. Revenue
B. Compliance enforcement
C. Safety audit
D. Wage control
E. Productivity
Answer: B
Q40 All Section 3–5 notices and filings are:
A. Manual
B. Mixed mode
C. Electronic
D. Postal
E. Offline
Answer: C Solution: Entire registration & notice system is electronic.
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