Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issuing authority
- Government of West Bengal, Labour Department
- Notified
- 13 July 2026, through the Kolkata Gazette Extraordinary, Notification No. Labr/105/Law
- Objection window
- 45 days from the date of publication, closing on or around 27 August 2026
- Legal basis
- Sections 133 and 135 read with Section 137 of the Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020)
- Supersedes
- To be notified separately. Once the OSH Code takes effect in West Bengal, these rules are expected to replace the existing state rules framed under the erstwhile Factories Act 1948, the Contract Labour (Regulation and Abolition) Act 1970, the Building and Other Construction Workers Act 1996 and related state labour enactments
- Status as of
- 22 July 2026, draft stage, not yet in force
The Labour Department of the Government of West Bengal has published the Draft West Bengal Occupational Safety, Health and Working Conditions Rules, 2026 through the Kolkata Gazette. Once notified, these rules will govern registration, safety, working hours, welfare facilities and record keeping for factories, plantations, beedi and cigar establishments, building and construction work, contract labour and audio visual production units across the state. The draft runs into more than a hundred rules and over forty prescribed forms, and it is meant to work alongside the Occupational Safety, Health and Working Conditions Code, 2020 once that Code is brought into force. Employers in West Bengal have 45 days from publication to go through the draft and send in objections or suggestions before the state finalises the framework.
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 establishment | Form I | One time, at set up | Applied for at set up; certificate issued within 7 days of a complete application, or the establishment is deemed registered |
| Updating registration for establishments already registered under other central labour laws | Form I | One time | Within 6 months from the date these rules come into force |
| Late fee for delayed registration | One time | Applies after 60 days from the date of notification of these rules | |
| Intimation of closure of establishment | Form II | Event based | Within 30 days of closing the establishment |
| Notice of commencement or cessation of operations | Form VI | Event based | Within 30 days of commencement or cessation |
| Health examination of workers aged 40 and above | Form VII | Annual | Arranged free of cost by the employer each year for eligible workers |
| Notice of a fatal accident | Form VIII | Event based | Forthwith, by phone and electronically |
| Notice of an accident causing 48 hours or more disability | Form VIII | Event based | Within 12 hours after completion of the 48 hour period |
| Notice of disease | Event based | Forthwith, electronically or by speed post | |
| Intimation of appointment of Safety Officer | Event based | Within 7 days of the appointment | |
| Wage slip to employees | Form XIII | Every wage period | On or before the day wages are paid |
| Annual Return | Form XIV | Annual | On or before the last day of February, for the preceding calendar year |
| Half Yearly Return by contractor | Form XV | Half yearly | Within 30 days of the close of each half year, January to June and July to December |
| Annual Return by principal employer covering contract labour | Form XIV, Part III | Annual | On or before the last day of February, for the preceding calendar year |
| Payment of wages to contract labour | Every wage period | Before expiry of the 7th day after the last day of the wage period | |
| Monthly report by Competent Person or recognised institution | Monthly | By the 10th day of every month | |
| Grievance redressal for contract labour at principal employer level | Event based | Heard and disposed of within 30 days | |
| Grievance escalated to Inspector cum Facilitator | Event based | Resolved within 60 days of receipt |
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 establishment | Separate registrations under multiple laws such as the Factories Act 1948, the Contract Labour Act 1970 and the Building and Other Construction Workers Act 1996, largely paper based | One electronic registration in Form I under the OSH Code, with a common Labour Identification Number across establishment types |
| Licensing of contractors | Separate licence under the Contract Labour (Regulation and Abolition) Act with state specific formats and manual renewal | A unified digital licence in Form XXI, renewable and amendable online, backed by a security deposit |
| Returns and registers | Multiple separate returns and registers for factories, contract labour and beedi and cigar establishments under different laws | One consolidated Annual Return in Form XIV and a Half Yearly Return in Form XV covering welfare, contract labour, retrenchment and social security details |
| Regulatory authority | Multiple inspecting authorities under separate Acts, such as the Factory Inspector and the Licensing Officer under the Contract Labour Act | A single Inspector cum Facilitator regime with a facilitation first approach and time bound orders |
| Handling of offences | Prosecution driven enforcement under the respective Acts with limited scope to settle matters | A structured compounding mechanism under Rule 124, with an application in Form XIX and a notice in Form XX |
| Safety governance | Safety Officer and Safety Committee requirements varied from law to law and were not uniformly defined for building and construction or beedi and cigar establishments | Uniform, worker count based Safety Officer and Safety Committee requirements across all covered establishment classes |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- Factories, plantations, beedi and cigar establishments, building and other construction works, contract labour establishments, mines and audio visual production units across the whole of West Bengal
- Safety Officer in factories — required only where 500 or more workers are employed, 250 or more in a hazardous process, or at a Major Accident Hazard installation
- Safety Committee — required only in establishments employing 500 or more workers
- Canteen — required only where 100 or more workers, including contract labour, are employed
- Creche — required only where 20 or more workers are employed
- Welfare Officer — required in factories or establishments with 500 or more workers, and in building and construction establishments with 250 or more workers
- Ambulance room — required for mines, building or construction work engaging more than 500 persons
- Works Committee and Grievance Redressal Committee under the Industrial Relations Code — required in industrial establishments with 100 or more, and 20 or more workers respectively
Exempted / special treatment
- Establishments below the OSH Code's own worker count thresholds fall outside specific chapters even though the Rules apply state wide
- Specific factories or hazardous processes — the Chief Inspector cum Facilitator may exempt a factory or process by written certificate under exceptional circumstances
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What are the Draft West Bengal Occupational Safety, Health and Working Conditions Rules, 2026?
They are draft state rules published by the West Bengal Labour Department under the Occupational Safety, Health and Working Conditions Code, 2020. They set out how registration, safety, welfare and reporting will work for factories, plantations, beedi and cigar establishments, building and construction work and contract labour once the rules are finalised.
When were these draft rules published and where can employers view them?
They were published on 13 July 2026 in the Kolkata Gazette, Extraordinary, through Notification No. Labr/105/Law issued by the Government of West Bengal, Labour Department.
What is the last date to send objections on the draft rules?
Objections and suggestions can be sent within 45 days of publication, which takes the window up to around 27 August 2026. The notification tells objectors to email the Secretary, Labour Department, in the format specified.
Are these rules currently in force?
No. They are still in draft form. The Labour Department will consider the draft only after the objection period ends, and a separate final notification will bring the rules into force.
Which establishments will these rules apply to?
Factories, plantations, beedi and cigar establishments, building and other construction works, establishments engaging contract labour, audio visual production units and mines across the whole of West Bengal.
Do these rules apply to establishments already registered under other labour laws?
Yes. An establishment already registered under another central labour law must still update its registration particulars in Form I within 6 months of these rules coming into force.
What is Form I used for and who has to file it?
Form I is the application an employer files to register a new establishment or to amend or update the particulars of an existing registration.
How is the certificate of registration issued and how long does it take?
Once a complete application is submitted in Form I, the Registering Officer issues the certificate electronically within 7 days. If it is not issued in that time, the establishment is deemed registered and the certificate is generated automatically.
When must an employer appoint a Safety Officer?
Only where the factory employs 500 or more workers, 250 or more workers in a hazardous process, or where the unit is a Major Accident Hazard installation.
When is a Safety Committee mandatory?
An establishment must set up a Safety Committee once it employs 500 or more workers, with equal representation from management and workers.
What returns does an employer have to file every year?
Every employer must file an Annual Return in Form XIV on or before the last day of February, covering categories of employees, welfare facilities, retrenchment or layoffs, bonus and maternity benefits for the preceding calendar year.
How does contract labour licensing work under the draft rules?
A contractor must apply for a licence in Form XXI, and the licence is issued or renewed electronically, generally within 7 days of a complete application, against a security deposit that adjusts with the number of contract labour engaged.
What happens if a contractor does not pay contract labour on time?
The principal employer must step in, pay the unpaid wages within 15 days, and recover the amount from the contractor's dues or security deposit.
What is the process for compounding an offence under these rules?
An employer can apply in Form XIX within 15 days of receiving a composition notice, deposit the composition amount, and receive a composition certificate within 10 days, avoiding prosecution for that offence.
Who enforces these rules once they take effect?
The Inspector cum Facilitator, along with the Chief Inspector cum Facilitator, will oversee compliance, inspections and enforcement across covered establishments in West Bengal.
Sources
Where every fact on this page comes from.
- → The Kolkata Gazette, Extraordinary, Government of West Bengal, Labour Department, Notification No. Labr/105/Law dated 13 July 2026, publishing the Draft West Bengal Occupational Safety, Health and Working Conditions Rules, 2026 (official)
- → The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020), Government of India (official)
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.