The law in October 2026: OSH Code and the Factories Act
The Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) came into force across India on 21 November 2025. It subsumes the Factories Act, 1948 and several other labour laws. The central rules under the Code were notified in May 2026. Haryana issued the draft Haryana Occupational Safety, Health and Working Conditions Rules, 2026 for public comments in May 2026.
Until Haryana’s rules are final, earlier rules and procedures continue to the extent they are consistent with the Code, under its repeal and savings provisions. Applications in Haryana continue to be handled online by the Labour Department. Because forms and fees can change when the final rules apply, we confirm the current procedure on the portal before every filing.
Is your unit a factory?
| Point | Factories Act, 1948 (earlier) | OSH Code, 2020 (now) |
|---|---|---|
| Factory with power | 10 or more workers | 20 or more workers |
| Factory without power | 20 or more workers | 40 or more workers |
| Establishment registration | Not applicable in this form | Establishments with 10 or more workers must register |
| Contract workers | Counted | Counted |
| Licence and plan approval | State Factories Rules | State rules under the Code, with deemed approval for site permission |
“With the aid of power” refers to power used in the manufacturing process, not just for lighting or office equipment. Workers in all shifts on a day are added together. We work out your count from the actual shift pattern, not from a single day’s attendance.
Stages of factory approval in Haryana
- Land and building check. Confirm that the land use permits industrial use. Plots outside approved industrial estates may need CLU approval first.
- Site and building plan approval. The site plan and building drawings, prepared by your architect, are submitted to the factory inspectorate for approval before construction or extension.
- Registration under the OSH Code. The establishment is registered online with details of the employer, workers and activities.
- Factory licence. The licence application is filed online by the occupier with the approved plan, details of the manufacturing process, machinery, power load and the maximum number of workers.
- Inspection and grant. The inspectorate may inspect the premises. Once satisfied, the licence is granted online.
- Ongoing compliance. Registers, annual returns, safety measures, welfare facilities and changes in workers, power or premises are kept up to date.
Documents usually required
| Document | Purpose |
|---|---|
| Ownership or lease deed of the premises | Proof of possession |
| CLU or industrial allotment letter, if applicable | Land use evidence |
| Site plan and building drawings by an architect | Plan approval |
| Description of the manufacturing process and flow chart | Licence and safety review |
| List of machinery with power load | Coverage and licence |
| Electricity sanction or bill | Power evidence |
| Occupier and manager details with ID proof | Responsibility under the Code |
| Constitution documents (deed, MOA, incorporation certificate) | Entity proof |
| Stability certificate from a competent person, where required | Structural safety |
| Fire NOC, where required for the building | Fire safety |
Related approvals to plan together
A factory licence alone does not make a unit fully compliant. Most units in Gurugram also need:
- Consent to Establish and Consent to Operate from the Haryana State Pollution Control Board (HSPCB), based on the category of industry.
- Fire NOC from the fire department, depending on the building and process.
- ESI and EPF registration once the employee thresholds under those laws are crossed.
- GST registration and Udyam registration for the business. See GST registration and Udyam registration.
- Shop and establishment registration for offices or showrooms outside the factory premises. See Shop Act registration.
We provide a single checklist so these run in parallel instead of one after another.
What KSV does and what your technical team does
| Task | KSV | Architect / safety consultant |
|---|---|---|
| Coverage check under the OSH Code | Yes | |
| Document checklist and collection | Yes | |
| Online application and fee payment | Yes | |
| Building drawings and stability certificate | Yes | |
| Safety and machinery assessment | Yes | |
| Replies to department queries | Yes, with technical inputs | Supports |
| Follow-up until grant | Yes |
We handle documentation, filings and follow-up. Engineering drawings, structural certificates and safety audits are prepared by qualified professionals you appoint, and we coordinate with them.
Common situations we handle
| Situation | What usually needs to be done |
|---|---|
| New unit in a rented shed | Check landlord’s land use and building approvals, then plan approval and licence |
| Existing licence under the Factories Act | Keep it valid, and track renewal or conversion under the Haryana rules once final |
| Unit expanding workers or machinery | Amend the licence; plan approval if the building is extended |
| Unit below the new factory thresholds | OSH Code registration if 10 or more workers, plus other labour registrations |
| Change of occupier or manager | Intimate the change and update the licence |
| Shifting to a new premises | Fresh plan approval and licence for the new site |
| Closure of a unit | Intimate closure and surrender the licence |
Ongoing compliance after the licence
- Maintain registers of workers, attendance, wages, accidents and dangerous occurrences in the prescribed form.
- File the annual return under the OSH Code and state rules within the due date.
- Display notices on working hours, abstracts of the law and the licence at the premises.
- Provide welfare facilities such as drinking water, toilets, first aid and canteens or crèches where thresholds apply.
- Arrange health check-ups where required for the process.
- Report accidents and dangerous occurrences to the inspectorate within the time prescribed.
We set up a simple compliance calendar for each factory client so returns and renewals are not missed.
Industrial areas we cover
We assist units in IMT Manesar, Manesar, Udyog Vihar, Sector 37 and Khandsa, Daulatabad, Pataudi Road, Sohna and Bilaspur, and nearby areas of Gurugram district. Fees depend on the stage and size of the unit; see pricing or contact us on WhatsApp at +91 88606 30505.
Frequently asked questions
Is the Factories Act, 1948 still applicable in Haryana?
The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 and subsumes the Factories Act, 1948 along with other labour laws. Haryana published draft OSH rules in May 2026. Until state rules are final, earlier rules and procedures continue to the extent they are consistent with the Code, so the exact forms can differ case to case. We check the current position before filing.
When does a unit become a factory under the OSH Code?
A premises where a manufacturing process is carried on is a factory if 20 or more workers are working with the aid of power, or 40 or more without power. Under the old Factories Act the limits were 10 and 20. Workers in all shifts on a day are counted, and contract workers count too.
I have 12 workers with power. Do I need anything?
Your unit may not be a factory under the new thresholds, but an establishment with 10 or more workers must register under the OSH Code. You may also be covered by ESI, PF and other laws. We check each one for you.
What is plan approval?
Before constructing or extending a factory building, the site and building plans must be approved by the factory inspectorate. The OSH Code provides that if no order is communicated within the prescribed period, not exceeding 30 days, on an electronic application for site or construction permission, the permission is deemed granted.
Do existing factory licences remain valid?
Licences granted under the Factories Act before the Code came into force continue under its savings provisions. Renewal, modification and any conversion follow the procedure notified by Haryana. We track this for existing clients.
Who signs the application?
The occupier, meaning the person with ultimate control over the affairs of the factory, such as the proprietor, a partner or a director, signs the application. A factory manager is also named.
Do I need CLU before a factory licence?
If your land is agricultural or in a controlled area and not in an industrial zone or approved industrial estate, change of land use permission is usually needed before building plans can be approved. Plots in HSIIDC estates such as IMT Manesar generally have industrial use already. See our CLU approval service.
Kya factory licence ke saath pollution consent bhi chahiye?
Haan, most manufacturing units need Consent to Establish and Consent to Operate from the Haryana State Pollution Control Board, depending on the category of industry. It is a separate approval and we include it in your checklist.
How long does the process take?
It depends on plan approval, inspection, and whether other approvals such as fire NOC are ready. With complete documents, the Labour Department's online systems are designed for time-bound disposal, but we do not promise a fixed date because inspections and queries vary.