Rules 36-38 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 36, 37 and 38 are the health rules for every motor transport undertaking. Rule 36 covers cleanliness and hygiene, rule 37 covers ventilation, temperature and humidity, and rule 38 deals with exhaust systems and with dust, noxious gas and fumes.
The employer of every motor transport undertaking must keep workplaces sanitary and hygienic under the eight-clause standard in rule 36, maintain suitable air, adequate ventilation and protection from extreme weather at no charge (rule 37), and ensure that exhaust systems for flammable fumes are separate, that harmful discharges are neutralised before release, and that no employee enters a workplace or confined space until noxious gas, fume, vapour or dust is within permissible limits (rule 38).
The Code source
Section 23 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) makes the employer responsible for health, safety and working conditions as prescribed; see our section 23 explainer. The Code defines a motor transport undertaking in section 2(1); see our definitions article on motor transport, newspaper and plantation. Rules 36 to 38 then set the health standards.
Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules apply. For depot and workshop audits, see our labour law compliance service.
Rule 36: cleanliness and hygiene
The employer of every motor transport undertaking shall ensure that:
- (i) all workplaces, workrooms, passageways, staircases, storerooms and service rooms are kept sanitary and hygienic;
- (ii) wall and ceiling surfaces, including windows and skylights, are always kept clean and hygienic;
- (iii) the floor of every workroom is clean and, so far as possible, dry and non-slippery;
- (iv) where wet work processes are carried out, (a) effective drainage is maintained, (b) false floors, platforms, mats or other dry standing places are provided, and (c) anti-skid footwear and other suitable safety and protective gear are provided where required, without expense to employees;
- (v) workrooms are cleaned as often as the nature of the work requires;
- (vi) as far as practicable, sweeping and cleaning are done (a) during intervals between work and (b) so as to prevent the raising of dust;
- (vii) where, for technical reasons, cleaning must be carried out during working hours, appropriate means and precautions avoid contamination of the air with dust or other obnoxious substances; and
- (viii) suitable arrangements exist for daily collection, storage, disposal or treatment of waste under effective supervision.
This follows the factory standard in rule 22 closely, with the beedi version in rule 33 lacking only clause (vii).
Rule 37: ventilation, temperature and humidity
| Clause | Duty |
|---|---|
| (i) | Suitable atmospheric conditions in workplaces, natural or artificial, avoiding insufficient air, stagnant or vitiated air, harmful draughts, excessive heat or cold, sudden temperature variations and, where practicable, excessive humidity or dryness and objectionable odours |
| (ii) | Adequate ventilation at all workplaces to clear smoke, fume, steam and dust and to dilute inflammable or noxious gases so as to render them harmless |
| (iii) | Adequate and sufficient measures to protect employees from extreme weather by suitably changing working hours, providing appropriate protective clothes or other suitable provisions as necessary, without charge |
| (iv) | Mechanical ventilation where adequate fresh air cannot be had by natural ventilation or where the desired air cannot reach the workroom without uncomfortable draughts near the inlets |
Rule 37 is the only one of the three that mentions "all workplaces of the motor transport undertaking", so it covers depots, workshops and offices alike, not only the vehicle floor.
Rule 38: exhaust systems, dust, noxious gas and fumes
The employer of every motor transport undertaking shall ensure that:
- (i) exhaust systems for removal of flammable fumes, gases, mists, vapours or residues are not connected to any other ventilating system or discharged into a chimney or flue used for conveying gases of combustion;
- (ii) where fumes, gases, mists, vapours, dust and other refuse discharged from exhaust systems are likely to harm employees or the neighbourhood, the exhaustion is effected through a system that neutralises toxic substances, sterilises infectious substances and deodorises fumes, gases, mists or vapours; and
- (iii) no employee is required or allowed to enter any workplace or confined space until practicable measures have been taken to bring noxious gas, fume, vapour or dust within permissible limits.
The printed wording of clause (i) is awkward: it says exhaust systems "are not to be connected" to other ventilating systems, and the sentence begins with "where". The sense is a prohibition on connecting such exhaust systems to other ventilation or to combustion flues. Where the intent matters for a decision, check the Gazette text.
Rules 36 to 38 at a glance
| Rule | Subject | Key duty |
|---|---|---|
| 36 | Cleanliness and hygiene | Eight clauses, including cleaning without raising dust |
| 37 | Ventilation, temperature, humidity | Four clauses, mechanical ventilation where natural is inadequate |
| 38 | Exhausts, dust, gas, fumes | Separate exhaust, neutralisation, entry bar |
Consequences
Rules 36 to 38 state no penalty of their own. Contravention is dealt with under the Code's penalty provisions; see our section 94 explainer.
Practical examples
Example 1. A state bus depot has an oily wash bay floor. Rule 36(iv) requires drainage, dry standing places and anti-skid footwear without expense to employees where required.
Example 2. A truck repair workshop runs engines indoors. Rule 37(ii) requires adequate ventilation to clear smoke and fume, and rule 38(i) keeps the exhaust for flammable fumes on its own system, apart from the general ventilation.
Example 3. A battery room accumulates fumes overnight. Under rule 38(iii) the shift supervisor lets nobody in until readings are within permissible limits.
Need help with motor transport health compliance?
Depots, garages and workshops often grow without anyone checking the ventilation and exhaust design against the rules. Our labour law compliance team can help you review your sites against rules 36 to 38 and prepare the records an inspector may ask for.
Key takeaways
- Rule 36 sets eight cleanliness and hygiene duties for every motor transport undertaking.
- Rule 37 requires suitable air, adequate ventilation, protection from extreme weather at no charge and mechanical ventilation where needed.
- Rule 38 keeps flammable-fume exhausts separate, requires neutralising of harmful discharges and bars entry until levels are within permissible limits.
- State rules apply where the State is the appropriate Government.
Read next
- Rules 33 to 35: beedi and cigar premises cleanliness, ventilation and dust
- Rules 39 to 41: dock work cleanliness, ventilation and dust
- Section 23: employer responsibility for health, safety and working conditions
- Factories Act 1948: health, safety and welfare provisions
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.