On 30 April 2026, the Maharashtra Government issued a clarification regarding the registration of establishments under the Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code 2020) and the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
All concerned officers have been directed to take note of this clarification and ensure uniform implementation across the State.
Key takeaways of Maharashtra Establishment Registration Clarification Notification:
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The clarification addresses confusion among establishments regarding the requirement of separate registration under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 following the enactment of the OSHWC Code 2020.
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The OSHWC Code 2020 is a central legislation that provides a unified framework governing the safety, health, and working conditions of workers.
As per Section 3, establishments employing 10 or more workers are required to register under the Code. Upon such registration, when the rules are finalised, the requirement for compliance relating to labour welfare, safety, and working conditions is deemed fulfilled.
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The circular explicitly clarifies that separate registration under the Maharashtra Shops and Establishments Act, 2017 is not mandatory for establishments covered under the OSHWC Code 2020.
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The clarification relies on Article 254 of the Constitution of India, which provides that in case of any conflict between central and state laws on concurrent subjects, the central law prevails. Accordingly, the OSHWC Code 2020 supersedes overlapping state-level registration requirements.
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While separate registration is not required, establishments must continue to comply with other applicable provisions of the Maharashtra Shops and Establishments Act, 2017, to the extent they are not inconsistent with the OSHWC Code 2020.
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Also, the establishments employing less than 10 workers are required to continue submitting an intimation of commencement of business under Section 7 of the Maharashtra Shops and Establishments Act, 2017.
[Maharashtra Establishment Registration Clarification Notification, issued on 30-4-2026]
