Maharashtra — OSH Code 2020 vs. Shops & Establishments Act Registration Clarification

This circular addresses a common confusion among establishments regarding whether they need to register separately under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017, given the enactment of the Occupational Safety, Health and Working Conditions (OSH) Code, 2020.

Issued by: Government of Maharashtra, Industries, Energy, Labour & Mining Department
Circular No.: OSH-2026/C.R.40/Labour-10
Dated: 30 April 2026

Key Clarifications

• Establishments with 10 or more employees need to register only under the OSH Code 2020 (Section 3); separate registration under the Maharashtra S&E Act is not required.

• The OSH Code 2020, being a central legislation, overrides conflicting state-level requirements under Article 254 of the Constitution of India.

• Establishments with fewer than 10 workers must still give an intimation of commencement of business under Section 7 of the Maharashtra S&E Act, 2017.

• All other provisions of the Maharashtra S&E Act, 2017 that are not inconsistent with the OSH Code 2020 remain applicable.

Please find attached the official notification below:

Clarification_regarding_Registration_of_Establishments_under_OSH