Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issued by
- Labour Resources and Migrant Workers Welfare Department, Government of Bihar
- Notified
- Final Notification Published on 30 June 2026 in Bihar Gazette Extraordinary No. 1/OSHC 01/2021 S.no 101
- Supersedes
- 6 earlier Bihar laws: Factories Rules 1950, Building and Other Construction Workers Rules 2005, Contract Labour Rules 1972, Inter State Migrant Workmen Rules 1980, Motor Transport Workers Rules 1962, Beedi and Cigar Workers Rules 1968
- Status as of
- Final Rules are Published and are in force
The Occupational Safety, Health and Working Conditions Code, 2020 is one of India's four new labour codes, and it came into force across the country on 30 June, 2026. Every state now has to frame its own rules under this Code to make it workable on the ground, and Bihar has done exactly that with the Bihar Occupational Safety, Health and Working Conditions Rules, 2025.
These Rules replace six separate old Bihar laws that used to govern factories, building and construction workers, contract labour, inter state migrant workers, motor transport workers, and beedi and cigar workers. In their place, employers now get one combined rulebook, one online registration process, and a mostly electronic system for filing forms, returns, and registers.
Forms under the State Rules
Due Dates
Compliance deadlines, forms and how often each one recurs.
| Compliance | Form | Compliance Frequency | Due Date |
|---|---|---|---|
| Registration of a new or existing establishment | Form I | Free within 60 days of the Code applying; late fee after that | |
| Change in ownership, management, or particulars | Online portal | Within 30 days of the change | |
| Notice of commencement or cessation | Form IV | Within 30 days | |
| Annual health examination, workers aged 45 and above | Form V | Within 120 days of each calendar year starting | |
| Annual health examination, workers aged 45 and above | Form V | Within 120 days of each calendar year starting | |
| Appointment letter to employees | - | At joining; existing staff within 3 months | |
| Notice of a fatal or serious accident | Form VI | Forthwith, and in any case within 24 hours | |
| Preservation of statutory registers and records | Form VIII | 10 years after the last entry | |
| Annual return | Form IX | By 1 February each year | |
| Contract labour licence renewal application | Form XIII | Up to 90 days before expiry | |
| Payment of contract labour wages | - | Within 7 days of each wage period closing | |
| Factory licence application before starting manufacture | Form XXIII | At least 15 days before starting | |
| Factory licence renewal | Form XXIII | Every 10 years; 50 percent late fee after 30 days, 100 percent after 90; lapses after 2 years |
Key Provisions
What changed under the Code, and what it means for payroll.
Old Law vs. New Law
What employers followed before, against what applies now — point matched against point.
| On this point | Before — earlier law | Now — the new Code |
|---|---|---|
| Registration of establishments | Separate paper based registration under the Factories Rules 1950, the BOCW Rules 2005, the Contract Labour State Rules 1972 and the Inter State Migrant Workmen State Rules 1980, each with its own form and authority | A single electronic registration under Form I for every covered establishment, auto approved if the Registering Officer does not act within 7 days |
| Annual and periodic returns | Separate returns filed under the Factories Act, the Contract Labour Act and the Inter State Migrant Workmen Act to different authorities | One unified annual return in Form IX filed electronically to the Inspector cum Facilitator, copied to the Labour Bureau and DGFASLI |
| Factory licence validity | Annual licence under the Bihar Factories Rules, 1950, renewed every year | Licence valid for up to 10 years with auto renewal, subject to safety compliance |
| Appointment letters | Not uniformly mandated across the erstwhile Factories, BOCW and Contract Labour Rules | Mandatory appointment letter in a prescribed format for every employee at the time of joining, under Rule 7 |
| Safety Committee and Safety Officer thresholds | Thresholds varied across the Factories Act and allied rules depending on the process and state practice | Uniform thresholds under Rule 20 to 22: Safety Committee for 500 or more workers, and a Safety Officer for factories with 500 or more workers generally, or 250 or more for hazardous processes and building or construction work |
| Contract labour licensing threshold | Licence generally required once 20 or more contract workers were engaged, under the Contract Labour (Regulation and Abolition) Act, 1970 | No licence required up to 49 contract labourers under Rule 44; fee slabs begin only from 50 workers upward |
| Regulation of Beedi and Cigar establishments | A separate statute, the Bihar Beedi and Cigar Workers (Condition of Employment) Rule, 1968 | Folded into Chapter XI of the unified Rules, covering licensing, home worker log books and outside work permissions |
| Inter State Migrant Workmen regulation | A standalone registration and contractor licensing regime under the 1980 State Rules | Merged into the single establishment registration, with a dedicated journey allowance rule and a toll free helpline under Rule 55 |
| Employment of women at night | Restricted employment between 7 pm and 6 am under the Factories Act, 1948, generally requiring state exemption | Permitted under Rule 40 subject to safeguards such as written consent, CCTV covered transport, adequate lighting, and at least two women on duty at a time |
| Regulatory and inspection authority | Separate Factory Inspectors, Labour Inspectors and Licensing Officers operating under different statutes | A single Inspector cum Facilitator regime across all establishment types, supported by an online portal for applications, licences and inspections |
| Weekly working hours structure | 48 hours a week under the Factories Act, 1948, generally computed on a 6 day working pattern | Rule 23 permits 4, 5 or 6 day working weeks with correspondingly adjusted daily hour thresholds, while retaining the 48 hour weekly cap and the 12 hour daily spread over limit |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- Factories, building and other construction works, motor transport undertakings, newspaper establishments, audio visual production establishments, plantations, Beedi and Cigar establishments, and establishments engaging contract labour or inter state migrant workers, wherever the State Government of Bihar is the appropriate Government under the Code
Exempted / special treatment
- Mines and dock work, which fall under separate Central rules and a different appropriate Government; offices of the Central and State Government; establishments below the worker thresholds set for specific obligations such as the Safety Committee (500 or more workers) and dedicated Safety Officer (250 or more for hazardous processes); and any class of establishment the State Government exempts by notification
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What are the Bihar Occupational Safety, Health and Working Conditions Rules, 2025, in simple terms?
They are Bihar's state level rule book that puts the central Occupational Safety, Health and Working Conditions Code, 2020 into practice. Instead of six separate rule books for factories, construction sites, contract labour, migrant workers, motor transport and Beedi and Cigar establishments, Bihar now runs on one consolidated set of Rules.
Are these Rules final, or still open for objections?
The gazette text carries the standard pre publication format used under Section 133 of the Code, with a 45 day objection window addressed to the Labour Commissioner, Bihar, or lcbihar@bihar.gov.in, dated 18 December 2025. Several 2026 industry trackers already list Bihar among the states running on finalised OSH Code rules, and the state's mid 2026 repeal of its separate Shops and Establishments Act treats these Rules as the operative framework. Employers should still confirm the current text on egazette.bihar.gov.in before relying on any specific clause.
Which older Bihar rules do these Rules replace?
Six state rule books: the Bihar Building and Other Construction Workers Rules, 2005, the Bihar Factories Rules, 1950, the Contract Labour State Rules, 1972, the Bihar Inter State Migrant Workmen State Rules, 1980, the Bihar Motor Transport Workers Rule, 1962, and the Bihar Beedi and Cigar Workers Rule, 1968.
Which establishments does this apply to?
Factories, building and other construction works, motor transport undertakings, newspaper establishments, audio visual production establishments, plantations, Beedi and Cigar establishments, and any establishment engaging contract labour or inter state migrant workers, wherever Bihar is the appropriate State Government under the Code. Mines and dock work are handled under separate Central rules.
Do I need to register my establishment again if I already had a licence under the old Factories Rules?
If your establishment was already registered under another central labour law, you need to update your registration particulars on the online portal within 6 months of the Code coming into force, rather than starting a fresh registration from scratch.
How long does registration take, and is there a fee?
Registration is filed electronically in Form I. The certificate in Form II is meant to issue within 7 days, and if it does not, the establishment is deemed registered automatically. There is no fee if you apply within 60 days of the Code becoming applicable to you; late fees then rise in slabs based on your worker count and the length of the delay.
Is a factory licence still renewed every year?
No. Under Rule 64, a factory licence is now valid for up to 10 years with auto renewal, provided the factory meets applicable safety guidelines, a significant change from the annual renewal cycle under the old Bihar Factories Rules, 1950.
When do I need a Safety Committee or a dedicated Safety Officer?
A Safety Committee is mandatory once an establishment employs 500 or more workers. A dedicated Safety Officer is required at the same 500 worker threshold generally, or at 250 or more workers for factories carrying on a hazardous process and for building or construction work.
Do I need a licence to engage a small number of contract workers?
No. Rule 44 sets no licence requirement up to 49 contract labourers. Fee slabs only begin once you cross 50 contract workers, which is a meaningfully higher threshold than the 20 worker trigger under the erstwhile Contract Labour Act regime.
Sources
Where every fact on this page comes from.
- → Labour Resources and Migrant Workers Welfare Department, Government of Bihar, Notification No. OSHC 01/2021, dated 18 December 2025, the Bihar Occupational Safety, Health and Working Conditions Rules, 2025
- → The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020), Government of India
- → Ministry of Labour and Employment notification bringing all four Labour Codes, including the OSH Code, 2020, into force with effect from 21 November 2025
- → Bihar eGazette portal
For informational purposes only — not legal advice. State rules referenced here are subject to change on final notification. Verify current status with our compliance team before acting.