OSH Code transition in Tamil Nadu: what factories need to know
Who this applies to
- You hold a factory licence, or you are applying for one, from the Directorate of Industrial Safety and Health in Tamil Nadu.
- You need to separate commencement of the Code from saved provisions and from State filing practice that DISH has not yet replaced with final rules.
- You are planning a new factory, an expansion, extra capacity, a process change, or a hazardous activity.
What the OSH Code changes
The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 (S.O. 5321(E)). It replaces the Factories Act, 1948, subject to the Code's savings. The Central Rules under the Code were notified on 8 May 2026 (G.S.R. 345(E)). Tamil Nadu published draft State rules in April 2022 (G.O. Ms. No. 38).
Commencement, repeal, saved provisions, and State administration are separate questions. Only commencement is settled by the Central notification.
| Question | Position on 1 October 2026 |
|---|---|
| Commencement | In force from 21 November 2025 (S.O. 5321(E)). |
| Repeal | The Factories Act, 1948 is replaced, subject to the Code's savings. |
| Saved provisions | A licence obtained under a Central labour law before commencement is deemed to be a licence under the Code, valid only for the period for which it was issued (s. 119(5)). Rules, notifications and other actions under a repealed Act remain in force only so far as they are not contrary to the Code, and until the Central Government repeals them (s. 143(3)). |
| State administration | Draft Tamil Nadu rules, April 2022 (G.O. Ms. No. 38). No later final notification located. Confirm the route DISH currently accepts. |
Saved approvals are on factory approvals and licensing. A licence still inside its original term is renewed on renewing your factory licence.
What it costs to get wrong
The transition does not cancel existing factory approvals, and it does not continue every Factories Act provision or the April 2022 draft. A licence lapses on the date printed on it: section 119(5) does not extend that date. A filing can go in on a procedure DISH no longer accepts. For the initial location or expansion of a factory involving a hazardous process, the appropriate Government may constitute a Site Appraisal Committee (s. 83). That power is not itself a statement that every other approval waits on the committee.
The process
Review the licence and its expiry date
Read the licence and the expiry date on it. A qualifying licence issued before 21 November 2025 continues for that original period (OSH Code, s. 119(5)). The section does not extend the date.
Keep the record of what was granted
Retain approved plans, permissions, statutory returns, and filing acknowledgements. Saved permissions rest on that record (OSH Code, s. 143).
Confirm the filing route before you apply
Before a renewal or a fresh application, confirm the procedure DISH currently accepts. Do not treat G.O. Ms. No. 38 as the final forms, fees, or procedure (S.O. 5321(E)).
Check expansions and hazardous processes
Before extra capacity, a process change, or a hazardous activity, check whether a further approval is required. Section 83 allows the appropriate Government to constitute a Site Appraisal Committee for the initial location, or the expansion, of a factory involving a hazardous process (OSH Code, s. 83). Confirm whether Tamil Nadu has constituted that committee and what DISH currently requires. The saved factory sequence is on factory approvals and licensing.
Record departmental clarification
Keep the question, the date, and the reply for any clarification obtained during the transition.
For annual returns, confirm the return DISH currently requires, and how it must be submitted, for the reporting period in question.
Common failure points
- Reading commencement as a cancellation. Section 143(3) keeps rules and permissions under a repealed Act only so far as they are not contrary to the Code, and until the Central Government repeals them.
- Reading the savings as a freeze. Section 119(5) stops at the period for which the licence was issued. A rule that is contrary to the Code does not survive section 143(3).
- Filing on the April 2022 draft. A later final Tamil Nadu notification has not been located.
- Treating section 83 as either automatic or optional in every case. It is a power to constitute a committee for the initial location or expansion of a hazardous-process factory. Confirm the procedure DISH currently applies.
References: OSH Code, 2020, sections 2(w), 79, 83, 119(5) and 143; S.O. 5321(E), 21 November 2025; Central Rules, G.S.R. 345(E); Tamil Nadu draft rules, G.O. Ms. No. 38; Directorate of Industrial Safety and Health, Tamil Nadu.
Need to review the OSH transition for your facility?
We help industrial establishments map their existing statutory approvals against the changing framework, identify potential compliance gaps, and coordinate application and clarification requirements with the relevant authorities.