Mines Act 1952 → OSH&WC Code 2020

Same text:

Carried over word for word (or nearly).

Minor changes:

Most of the wording kept; some words changed.

Expanded:

The old wording kept, with new text added.

Revised:

Substantially rewritten.

Merged:

Folded into a broader OSH&WC Code 2020 section.

Not carried over:

No counterpart found in OSH&WC Code 2020.

1. Mines Act 1952 · Sec 1Short title, extent and commencementRevisedOSH&WC Code 2020 · Sec 1Short title, commencement and application
   What changed · 55% of the old wording kept

   (2)It extends to whole of India (3)It(2) Itshall come into force on subsuchdate or datesas the Central Government may, by notification in the official Gazette, appoint,appoint;and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 29th September, 2020/Asvina 7, 1942 (Saka) The followingAct of Parliament received the assent of the President on the 28th September, 2020and is hereby publishedfor different states butgeneral information:— vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 PUBLISHED BY AUTHORITY lañ 62] No. 62] NEW DELHI, TUESDAY, SEPTEMBER 29, 2020/ASVINA 7, 1942 (SAKA) i`"B la[;k nh tkrh ftlls ;g vyx ladyu :i tk Separate paging is given to this Part in order that it may be filed as a separate compilation. REGISTERED NO. DL—(N)04/0007/2003—20 xxxGIDHxxx xxxGIDExxx CG-DL-E-29092020-222112 (3) It shallnot later than 31st December, 1953.apply to the offices of the Central Government, offices of the State Government and any ship of war of any nationality: Provided that the Code shall apply in case of contract labour employed through contractor in the offices of the Central Government or in the offices of the State Government, where, the Central Government or, as the case may be, the State Government is the principal employer.

2. Mines Act 1952 · Sec 2DefinitionsRevisedOSH&WC Code 2020 · Sec 2Definitions
   What changed · 80% of the old wording kept

   (a) omitted"adolescent" shall have the same meaning as assigned to it in clause (i) of section 2 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986;(b) “adult”"adult"means a person who has completed his eighteenth year.year of age;(c) “agent”,"agent"when used in relation to a mine, means every person, … takes part in the management, control, supervision or direction of thesuchmine or of any part thereof:thereof;(d) “Chief Inspector”"appropriate Government" means— (i) in relation to, establishments [other than those specified in sub-clause (ii)] carried on by or under the authority of the Central Government or concerning any such controlled industry as may be specified in this behalf by the Central Government or the establishment of railways including metro railways, mines, oil field, major ports, air transport service or telecommunication service, banking company or any insurance company (by whatever name called) established by a Central Act or a corporation or other authority established by a Central Act or a Central public sector undertaking or subsidiary companies set up by the Central public sector undertakings or autonomous bodies owned or controlled by the Central Government, including establishment of contractors for the purposes of such establishment, corporation or other authority, Central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the Central Government: Provided that in the case of Central Public Sector Undertakings the appropriate Government shall continue to be the Central Government even if the holding of the Central Government reduces to less than fifty per cent. equity of the Central Government in that Public Sector Undertakings after the commencement of this Code; and (ii) in relation to a factory, motor transport undertaking, plantation, newspaper establishment and establishment relating to beedi and cigar including the establishments not specified in clause (i), the concerned State Government where it is situated. Explanation.—For the removal of doubts it is hereby clarified that State Government shall be the appropriate Government in respect of occupational safety, health and working conditions in a factory situated in that State; (e) "audio-visual production"means audio-visual produced wholly or partly in India and includes— (i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production or any ofthe Chief Inspectoractivities in respectof Mines appointed under this Act; (e) “Committee”making thereof; and (iii) features films, non-feature films, television, web-based serials, talk shows, reality shows and sport shows; (f) "audio-visual worker"means a committeeperson, who is employed, directly or through any contractor, in or in connection with the audio-visual production to work as an Definitions. artist including actor, musician, singer, anchor, news reader, dancer, dubbing artist or stunt person or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise, and his remuneration with respect to such employment in or in connection with the production of audio-visual does not exceed, where remuneration is by way of monthly wages or where such remuneration is by way of lump sum, in each case, such amount as may be notified by the Central Government; (g) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989, the Reserve Bank of India, the State Bank of India, a corresponding new bankconstituted under section 12: (f) “day”3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980; (h) "building or other construction work" means the construction, alteration, repairs, maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua-ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the Central Government, by notification, but does not include building or other construction work which is related to any factory or mine and the building or other construction work where such work is for own residential purposes of an individual or group of individuals for their own residence and the total cost of such work does not exceed rupees fifty lakhs or such higher amount and employing more than such number of workers as may be notified by the appropriate Government; (i) "building worker" means a person who is employed to do any highly skilled, skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity; (j) "cargo" includes anything carried or to be carried in a ship or other vessel, or vehicle; (k) "Chief Inspector-cum-Facilitator" means a Chief Inspector-cum-Facilitator appointed under sub-section (5) of section 34; (l) "competent person", means a person or an institution recognised as such by the Chief Inspector-cum-Facilitator for the purposes of carrying out tests, examinations and inspections required to be done in an establishment having regard to— (i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein: Provided that in case of mines the competent person includes such other person who is authorised by the manager referred to in section 67 to supervise or perform any work, or to supervise the operation of machinery, plant or equipment and is responsible for such duties assigned to him and also includes a shot firer or blaster; (m) "contract labour" means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include a worker (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment; (n) "contractor", in relation to an establishment, means a person, who— (i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour; or (ii) supplies contract labour for any work of the establishment as mere human resource, and includes a sub-contractor; (o) "controlled industry" means any industry the control of which by the Central Government has been declared under any Central Act in the public interest; (p) "core activity of an establishment" means any activity for which the establishment is set up and includes any activity which is essential or necessary to such activity: Provided that the following shall not be considered as essential or necessary activity, if the establishment is not set up for such activity, namely:— (i) sanitation works, including sweeping, cleaning, dusting and collection and disposal of all kinds of waste; (ii) watch and ward services including security services; (iii) canteen and catering services; (iv) loading and unloading operations; (v) running of hospitals, educational and training Institutions, guest houses, clubs and the like where they are in the nature of support services of an establishment; (vi) courier services which are in nature of support services of an establishment; (vii) civil and other constructional works, including maintenance; (viii) gardening and maintenance of lawns and other like activities; (ix) housekeeping and laundry services, and other like activities, where these are in nature of support services of an establishment; (x) transport services including, ambulance services; (xi) any activity of intermittent nature even if that constitutes a core activity of an establishment; (q) "day"means a period of twenty-four hours beginning at mid-night; (g) “district magistrate” means,(r) "District Magistrate",in relation to any mine, means the District Magistrate or the Deputy Commissioner, as the case may be, who is vested with the executive powers of maintaining law and order in the revenue district in which the mine is situated: Provided that in case ofa presidency-town,mine, which is situated partly in one district and partly in another,the person appointedDistrict Magistrate for the purpose shall be the District Magistrate authorised in this behalfby the Central GovernmentGovernment; (s) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes— (i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; (ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or any other storage area on board the ship or in the docks; and (iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area on board the ship or in the docks; (t) "employee" means,— (i) in respect of an establishment, a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishmentto performdo any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whetherthe dutiesterms of employment be express or implied; and (ii) a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union: Provided that notwithstanding anything contained in this clause, in caseof a district magistrate under this Act in that town; (h)minea person is said to be “employed”"employed"in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with theknowledge of the manager, whether for wages or not. (i)not— (a)in any mining operation (including the concomitant operations of handinghandlingand transport of minerals up to the point of despatchdispatchand of gathering sand and transport thereof to the mine) (ii)mine); (b)in operations or services relating to the development of the … work not directly connected with any existing or future mining operations: (iii)operations; (c)in operating, servicing, maintaining or repairing any part orofany machinery used in or about the mine; (iv)(d)in operations, within the premises of the minemine,of loading for despatchdispatchof minerals; (v)(e)in any office of the mine: (vi)mine; (f)in any welfare, health, sanitary or conservancy services required to be provided under this Act,Code relating to mine,or watch and ward, within the premises of the mine excluding residential area; or (vii)(g)in any kind of work whatsoeverwork, whatsoever,which is preparatory or incidental to, or connected withwith,mining operations; (u) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any Department of the Central Government or the State Government, the authority specified, by the head of such Department, in this behalf or where no authority, is so specified, the head of the Department and in relation to an establishment carried on by a local authority, the Chief Executive of that authority, and includes,—(i) “Inspector”in relation to an establishment which is a factory, the occupier of the factory; (ii) in relation to mine, the owner of the mine, agent or manager referred to in section 67; (iii) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where said affairs are entrusted to a manager or managing director, such manager or managing director; (iv) contractor; and (v) legal representative of a deceased employer; (v) "establishment" means— (i) a place where any industry, trade, business, manufacturing or occupation is carried on in which ten or more workers are employed; or (ii) motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation, in which ten or more workers are employed; or (iii) factory, for the purpose of Chapter II, in which ten or more workers are employed, notwithstanding the threshold of workers provided in clause (w); or (iv) a mine or port or vicinity of port where dock work is carried out: Provided that in sub-clauses (i) and (ii), the threshold of worker specified therein shall not be applicable in case of such establishment or class of establishments, in which such hazardous or life threatening activity is being carried on, as may be notified by the Central Government: Provided further that notwithstanding any threshold provided in the definition of factory in clause (w), for the purposes of Chapter II, the establishment specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii) shall be deemed to be the establishment within the meaning of this clause though the number of employees employed are ten or more; (w) "factory"means any premises including the precincts thereof— (i) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or (ii) whereon forty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mobile unit belonging to the armed forces of the Union, railways running shed or a hotel, restaurant or eating place: Provided that where under any law for the time being in force in a State immediately before the commencement of this Code, the number of workers specified is more or less than the number specified in clause (i) or clause (ii), then, the number specified under the law of the State shall prevail in that State till it is amended by the competent Legislature. Explanation I.—For computing the number of workers for the purposes of this clause all the workers (in different groups and relays) in a day shall be taken into account. Explanation II.—For the purposes of this clause, the mere fact thatan InspectorElectronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof; (x) "family", when used in relation to a worker, means— (i) spouse; (ii) children including adopted childrenof Mines appointed underthe worker who are dependent upon him and have not completed the age of eighteen years; and (iii) parents, grand-parents, widowed daughter and widowed sister dependent upon such worker. Explanation.—For the purposes ofthis Act,clause, such dependents shall not be included who are, for the time being, getting such income from such sources, as may be prescribed by the appropriate Government; (y) "godown" means any warehouse or other place, by whatever name called, used for the storage of any article or substance required for any manufacturing process which means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as finished products; (z) "hazardous" means involving danger or potential danger; (za) "hazardous process" means any process or activity in relation to an industry or plantation specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, hazardous substances, wastes or effluents thereof or spraying of any pesticides, insecticides or chemicals used therein, as the case may be, would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution of the general environment; (zb) "hazardous substance" means any substance or such quantity of the substance as may be prescribed by the appropriate Government or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property or the environment; (zc) "industrial premises" means any place or premises (not being a private dwelling house), including the precincts thereof, in which or in any part of which any industry, trade, business, occupation or manufacturing is being ordinarily carried on with or without the aid of powerand includes a district magistrate when exercisinggodown attached thereto; (zd) "industry" meansany powersystematic activity carried on by co-operation between an employer and worker (whether such worker is employed by such employer directlyor performingby or throughany dutyagency, including a contractor) for the production, supply or distributionof goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,— (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, but does not include— (a) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic services; or (b) any activity of the appropriate Government relatable to the sovereign functions of the appropriate Government including all the activities carried on by the Departments of the Central Government dealing with defence research, atomic energy and space; or (c) any domestic service; or (d) any other activity as may be notified by the Central Government; (ze) "Inspector-cum-Facilitator" meansan InspectorInspector-cum-Facilitator appointed under sub-section (1) of section 34; (zf) "inter-State migrant worker" means a person who is employed in an establishment and who— (i) has been recruited directly by the employer or indirectly through contractor in one State for employment in such establishment situated in another State; or (ii) has come on his own from one State and obtained employment in an establishment of another State (hereinafter called destination State) or has subsequently changed the establishment within the destination State, under an agreement or other arrangement for such employment and draws wages not exceeding the amount of rupees eighteen thousand per month or such higher amount as may be notified by the Central Government from time to time; (zg) "machinery" means any article or combination of articles assembled, arranged or connected andwhich is empoweredused or intended to be used for converting any form of energy to perform work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy; (zh) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908; (zi) "manufacturing process" means any process for— (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing, printing, printingby this Act to exerciseletter press, lithography, offset, photogravure screen printing, three Dimensionalor perform;four Dimensional printing, prototyping, flexography or other types of printing process or book binding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in cold storage; or (vii) such other processes as the Central Government may notify; (zj) "medical officer" means the medical officer appointed under sub-section (1) of section 42; (zk) "metro railway" means the metro railway as defined in sub-clause(i) “mine”of clause (1) of section 2 of the Metro Railways (Operation and Maintenance) Act, 2002; (zl) "mine"means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes -includes—(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields:oilfields;(ii) all shafts, in or adjacent to and belonging to a mine, wherewhetherin the course of being sunk or not:not;(iii) all levels and inclined planes in the course of being driven; (iv) all opencastopen castworkings; (v) all conveyors or aerial ropeways provided for thebringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi) all adits, livels,levels,planes, machinerymachinery,works, railways, tramways and sidings in or adjacent to and … carried out in or adjacent to a mine; (viii) all workshopworkshopsand storestoressituated within the precincts of a mine and underthe same management and used primarily for the purposes connected … mines under the same management; (ix) all power stations, transformer sub-stationssub-stations,converter stations :stations,rectifier stations and accumulator storage stations for supplying electricity solely … mine or in which any operations in connection with such andsandrefuse or other material is being carried on, being premises exclusively occupied by the owner of the mine:mine;(xi) any premises in or adjacent to and belonging to a mine oronwhich any process ancillary to the getting, dressing or operationpreparationfor sale of minerals or ofcoke is being carried on; (jj) “minerals”(xii) a mine owned by the Government; (zm) "minerals"means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying,quarryingor by any other operation and includes mineral oils (which in turn include(such asnatural gas and petroleum): (jjj) (k) “officepetroleum); (zn) "motor transport undertaking" means a motor transport undertaking employing motor transport worker and engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier; (zo) "motor transport worker" means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend the duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but does not include any such person— (i) who is employed in a factory; (ii) to whom the provisions of any other law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply; (zp) "newspaper" means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government; (zq) "newspaper establishment" means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate and includes following newspaper establishments which shall be deemed to be one establishment, namely:— (i) two or more newspaper establishments under common control; (ii) two or more newspaper establishments owned by an individual and his or her spouse unless it is shown that such spouse is a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds; (iii) two or more newspaper establishments publishing newspapers bearing the same or similar title and in the same language in any place in India or bearing the same or similar title but in different languages in the same State or Union territory. Explanation 1.—For the purposes of sub-clause (i) two or more establishments shall be deemed to be under common control where— (a) (i) the newspaper establishments are owned by a common individual or individuals; (ii) the newspaper establishments are owned by firms, if such firms have a substantial number of common partners; (iii) the newspaper establishments are owned by bodies corporate, if one body corporate is a subsidiaryof the mine”other body corporate, or both are subsidiaries of a common holding company or a substantial number of their equity shares are owned by the same person or group of persons, whether incorporated or not; (iv) one establishment is owned by a body corporate and the other is owned by a firm, if a substantial number of partners of the firm together hold a substantial number of equity shares of the body corporate; (v) one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or indirectly, by the same person or group of persons, whether incorporated or not, or (b) there is functional integrality between concerned newspaper establishments. Explanation 2.—For the purposes of this clause,— (i) different departments, branches and centres of newspaper establishments shall be treated as parts thereof; (ii) a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper; (zr) "notification"means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly; (zs) "occupier" of a factory means the person who has ultimate control over the affairs of the factory: Provided that— (i) in the case of a firm or other association of individuals,any one of the individual partners or members thereof; (ii) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the Companies Act, 2013; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority or such other authority as may be prescribed by the Central Government, shall be deemed to be the occupier: Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the Central Government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier; (zt) "office of the mine" means anoffice at the surface of the mine concerned; (kk) “Open(zu) "opencast working”working"means a quarry, that is to saysay,an excavation where any operation for the purpose of searching … being a shaft or an excavation which extends below superjacent ground. (i) “owner” when used,ground; (zv) "ordinarily employed" with reference to any establishment or part thereof, means the average number of persons employed per day in the establishment or part thereof during the preceding calendar year obtained by dividing the number of man days worked by the number of working days excluding rest days and other non-working days; (zw) "owner",in relation to a mine, means any person who is … of the mine or of any part thereof and in thecase of a mine the business whereof is being carried on by aliquidator or receiver, such liquidator or receiverreceiver;but does not include a person who merely receives a royaltyroyalty,rent or fine from the mine, or is merely the proprietor ofthe mine, subject to any lease grant or licence for … and not interested in the minerals of the mine; but (anyanycontractor or sub- lesseesub-lesseefor the working of a mine or any part thereof shall be subject to this ActCodein like manner as if he were an owner,ownerbut not so as to exempt the ownerformerfrom any liability; (m) “Prescribed”(zx) "plantation" means— (a) any land used or intended to be used for— (i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more; (ii) growing any other plant, which admeasures five hectares or more and in which persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification, so directs. Explanation.—Where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the former piece of land shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more; and (b) any land which the State Government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares: Provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this Code; and (c) offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises; (zy) "prescribed"means prescribed by rules, regulationrules made by the appropriate Government under this Code; (zz) "principal employer", where the contract labour is employedor byelaws,engaged, means— (i) in relation to any office or Department of the Government or a local authority, the head of that office or Department or such other officeras the caseGovernment or the local authority,may ; (n) “qualifiedspecify in this behalf; (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory, the person so named; (iii) in a mine, the owner or agent of the mine; (iv) in relation to any other establishment, any person responsible for the supervision and control of the establishment; (zza) "producer", in relation to audio-visual production, means the company, firm or other person by whom the arrangements necessary for producing such audio-visual (including the raising of finances and engaging audio-visual workers for producing audio-visual) are undertaken. Explanation.—For the purposes of this clause, the expressions "company" and "firm" have the same meaning as respectively assigned to them in the Companies Act, 2013 and the Indian Partnership Act, 1932; (zzb) "qualifiedmedical practitioner”practitioner"means a medical practitioner who possesses any recognised medical qualification as defined in clause (h)(i)of section 2 of the Indian Medical Council Act, 19591956and who is enrolled on a state medical registerIndian Medical Registeras defined in clause (k)(e) and on a State Medical Register as defined in clause (l)of that section:) (o) “regulations” “rules” and “bye-laws”the said section; (zzc) "railway"means respectively regulations, rules and bye- laws made under this Act; (p) where workthe railway as defined in clause (31)of section 2 of the Railways Act, 1989; (zzd) "relay" means a set of two or more persons carrying outthe same kind is carried out by two or more setsof persons workingworkduring different periods of the day andeach ofsuch setsperiodis called a “relay” (and each of such periods is called a “shift”,) (pp)”reportable injury”"shift"; (zze) "sales promotion employees"means any injury other thanperson by whatever name called employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person who,— (i) being employed or engaged ina serioussupervisory capacity, draws wages exceeding eighteen thousand rupees per mensem or an amount as may be notified by the Central Government from time to time; or (ii) is employed or engaged mainly in a managerial or administrative capacity. (zzf) "Schedule" means the Schedule appended to this Code; (zzg) "seriousbodily injury" means anyinjury which involves, or in all probability will involve, the enforced absence of the injured persons from work for a period of seventy-two hours or more. (q) “serious bodily injury” means any injury which involves; or in probability will involvethe permanent loss of any part or section of a … more joints or bones of any phalanges of hand or foot. (r) “week”foot; (zzh) "standards", "regulations", "rules", "bye-laws" and "orders" respectively means standards, regulations, rules, bye-laws and orders made or declared, as the case may be, under this Code; (zzi) "telecommunication service" means the telecommunication service as defined in clause (k) of sub-section (1) of section 2 of the Telecom Regulatory Authority of India Act, 1997; (zzj) "wages" means all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,— (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any, but does not include— (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment: Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause: Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for computation of wages. Explanation.—Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; (zzk) "week"means a period of seven days beginning at midnight on … approved in writing for a particular area by the Chief InspectorInspector-cum-Facilitator; (zzl) "worker" means any person employed in any establishment to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists and sales promotion employees, but does not include any such person— (i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who is employed in a supervisory capacity drawing wage exceeding eighteen thousand rupees per monthor an Inspector.amount as may be notified by the Central Government from time to time; (zzm) "Working Journalist" means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishment, or other establishment relating to any electronic media or digital media such as newspaper or radio or other likemedia and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy- tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who is employed mainly in a managerial, supervisory or administrative capacity;(2) AFor the purposes of this Code, aperson working or employedor employed in or in connection with amine is said to be working or employed –employed—(a) “below ground”"below ground"if he is working or employed –employed—(i) in a shaft which has been or is in the course ofbeing sunk; or (ii) in any excavation which extends below superjacent ground; and (b) “above ground”"above ground"if he is working in open castan opencastworking or inany other manner not specified in clause (a)(a). CHAPTER II REGISTRATION

3. Mines Act 1952 · Sec 3Act not apply in certain casesRevisedOSH&WC Code 2020 · Sec 68Code not to apply in certain cases
   What changed · 36% of the old wording kept

   (b)(a)any mine or part thereof in which excavation is being … for the purpose of obtaining minerals for use or sale : Provided that – (i) not more than twenty persons are employed on any one day in connection with anysubject tosuch excavation. (ii) theconditions relating to number of employees,depth of excavation and other matters as may be prescribed bythe excavation measured from its highest to its lowest point nowhere exceeds six, metres or, in the case of an excavation for coal fifteen metres: and (iii) no part of such excavation extends below superjacent ground; orCentral Government;(b) any mine engaged in the extraction of kankar, murrummurrum,laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand,mouldings andglass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earthyearth,fullers earth, marl chalkearth (marl, chalk)and lime stone. Provided that – (i) the working do not extend below superjacent ground: or (ii)where it is anstone subject to such conditions relating to workings,open cast working – (a)workings and explosives as may be prescribed bythe depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres; (b) the number of persons employed on any one day does not exceed fifty; and (c) explosives are not used in connection with the excavation.Central Government.(2) Notwithstanding anything contained in sub-section (1)(1),the Central Government may, if it is satisfied that, having regard to the circumstances obtaining in relation to mine or part thereof or ground or class of mines, it is necessary or desirable so to do by notification in the official Gazette,maydeclare that any ofthe provisions of this Act, not set out in sub- section (10,Codeshall apply to anysuch mine or part thereof or group of class of mines or any class of persons employed therein.as may be prescribed by the Central Government.(3) Without prejudice to the provisions contained in sub-section (2), if at any time any of the conditions specified in the provision toclause (a) or clause (b) of sub-section (1) is not fulfilled in relation to any mine referred to in that sub-sectionsub-section,the provisions of this ActCodenot getsetout in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or manageremployerof the mine to inform the prescribedabout such non-fulfilment to suchauthority in the prescribedsuchmanner and within thesuch time as may beprescribed time about the non-fulfilment. (4) Reference to time of day – In this Act, reference to time of day are reference to Indian standard time, being five and a half hours ahead of Green which mean time: Provided that, for any area in Indian standard time is not ordinarily observed,bythe Central Government may make rules – (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the mines situated in the area. CHAPTER - II INSPECTORS AND CERTIFYING SURGEONSGovernment.

4. Mines Act 1952 · Sec 5Chief Inspector and InspectorMergedOSH&WC Code 2020 · Sec 34Appointment of Inspector-cum-Facilitators
5. Mines Act 1952 · Sec 6Functions of inspectorsMergedOSH&WC Code 2020 · Sec 34Appointment of Inspector-cum-Facilitators
6. Mines Act 1952 · Sec 7Powers of Inspectors of MinesRevisedOSH&WC Code 2020 · Sec 35Powers of Inspector-cum-Facilitators
   What changed · 35% of the old wording kept

   (b)(i) enter,with such assistants, if any,assistance of persons, being persons in the service of the Government, or any local or other public authority, or with an expert,as he thinks fit, any place which is used, or which he has reason to believe, is used as a work place; (ii)inspect and examine the establishment,any minepremises, plant, machinery, article,or any part thereof atother relevant material; (iii) inquire intoany time by dayaccidentor night: Provided thatdangerous occurrence, whether resulting in bodily injury, disability or death or not and take onthe power conferred by this clause shall not be exercise in such a manner as unreasonably to impedespotor obstruct the working of mine. (c) examine into, and make inquiry respecting, the state and conditionotherwise statementof any mine,person which he may consider necessary for such inquiry; (iv) subject to any rules made by the State Government in this behalf, within his jurisdiction, examine the crops grown in any plantationor any part thereof,worker employed therein or requirethe ventilationproductionof the mine, the sufficiencyany register or other document maintained in pursuanceof the bye-laws for the time being in force relating to the mine and all matters and things connected with or relating to the health, safety and welfare of the persons employed in the mine,this Code,and take whetheron the precincts of the minespotor elsewhere statementsotherwise statementof any person which he may consider necessary for carrying out the purposes of this Code relating to plantation; (v) supply information and sensitise the employers and workers regarding the provisions of this Code and compliance thereof; (vi) require the production of any register or any other document relating to the workplace or work activity; (vii) search or seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Code, which he has reason to believe, has been committed; (viii) direct the concerned occupier or employer that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for thepurpose of this Act; (d) exerciseany inspection or inquiry; (ix) take measurements, photographs and videographs and makesuch other powersrecordings as he considers necessary for the purpose of any examination or inquiry; (x) take samples of any articles or substances found in any establishment or premises into which he has power to enter and of the air of the atmosphere in or in the vicinity of any such establishment or premises in such manneras may be prescribed by regulation made bythe Central Governmentappropriate Government; (xi)in this behalf. Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself, (2) The Chief Inspector and any Inspector may, if he has reason to believe as a resultcaseof any inspection examinationarticleor inquiry under this section, thatsubstance found in any establishment or premises, beingan offence under this Act has beenarticle or substance which appears to him as having causedor is being committed, searchlikely to cause danger to the health and safety of the employees, direct it to be dismantled or subject it toany placeprocess or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of any provision of this Code)and take possession of any materialsuch articleor substance or a part thereof, and detain it for so long as is necessary for such examination; (xii) issue show cause notice relating to safety, health and welfare provisions arising under this Code, rules, regulations and bye-laws made thereunder; (xiii) prosecute, conduct or defend beforeany planecourt any complaint or other proceeding arising under this Code, the rules and regulations made thereunder; and (xiv) exercise such other powers and perform such other duties as may be prescribed by the appropriate Government. (2) Any person required to produce any document or to give any information required by an Inspector-cum-Facilitator under sub-section (1) shall be deemed to be legally bound to do so within the meaning ofsection register other records appertaining to175 and section 176 ofthe mine and theIndian Penal Code. (3) Theprovisions of the Code of Criminal Procedure 1973Procedure, 1973,shall, so far as may be applicable, appliedbe, applyto anysuchsearch or seizure madeunder this Actsub-section (1)as totheyapply to any search or seizure made under the authority of a warrant issued under section 94 of the code.said Code.

7. Mines Act 1952 · Sec 8Powers of special officers to enter, measure, etcExpandedOSH&WC Code 2020 · Sec 41Powers of special officer to enter, measure, etc., in relation to mine
   What changed · 91% of the old wording kept

   Provided that, where in the opinion of the Chief InspectorInspector-cum-Facilitatoror of an InspectorSecrecy of information by Chief Inspector- cum- Facilitator or Inspector- cum- Facilitator, etc. Inspector-cum-Facilitatoran emergency exists, he maymay,by order in writing, authorise any such person to enter the mine for any of the aforesaid purposepurposeswithout giving any such notice.

8. Mines Act 1952 · Sec 9Facilities to be afforded to inspectorsRevisedOSH&WC Code 2020 · Sec 40Facilities to be afforded to Inspector-cum-Facilitator
   What changed · 2% of the old wording kept

   “6A. Facilities to be provided for occupational health survey- (i) TheEvery employer of an establishment shall afford theChief InspectorInspector-cum-Facilitator and every Inspector-cum-Facilitator having jurisdictionor an Inspector or other officerevery personauthorised by him in writing in this behalf, may at any time duringthe normal working hours of the mine or at any time by day or night as may be necessary undertake safety and occupational health survey in a mine after giving notice in writing to the manager of the mines and the owner, agent or manager of the mine shall affordChief Inspector-cum-Facilitatorall necessary facilities (includingreasonablefacilities for themaking any entry, inspection, survey, measurement,examination and testing of plant and machinery for the collection of samples and other data pertaining to the survey and for the transport and examination of any persons employed in the mine chosen for the survey) to such Inspectoror officer. (2) Every person employed in a mine who is chosen for examination in any safety and occupational health surveyinquiryunder sub-section (10 shall present himself for such examination and at such place as may be necessary and shall furnish all information regarding his work and health in connection with the said survey. (3) The time spent by any person employed in a mine who is chosen for examination in the safety and occupational health survey, shall be counted towards his working time, so however that any overtime shall be paid at the ordinary rate of wages. Explantion: For the purpose ofthis sub-section, “ordinary rate of wages” means the basic wages plus any dearness allowance and underground allowance and compensation in case including such compensation, if any accruing through the free issue of foodgrains and edible oils as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus (other than a bonus given as incentive for production) or any compensation accruing through the provision of amenities such as free housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kerosen oil baskets, tools and uniforms. (4) Any person who, on examination under sub-section (2) is found medically unfit to discharge the duty which he was discharging in a mine immediately before such presentation shall be entitled to undergo medical treatment at the cost of the owner, agent and manager with full wages during the period of such treatment. (5) If, after the medical treatment, the person referred to in sub-section (4) is declared medically unfit to discharge the duty which he was discharging in a mine immediately before absenting himself from the said examination and such unfitness is directly describable to his employment in the mine before such presentation, the owner, agent and manager shall provide such person with an alternative employment in the mine for which he is medically fit : Provided that where no such alternative employment is immediately available, such person shall be paid by the owner, agent and manager disability allowance determined in accordance with the rates prescribed in this behalf; Provided further that where such person decides to leave his employment in the mine, he shall be paid by the owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this behalf. (6) The rates under the provision sub-section (5) shall be determined having regard to the monthly wages of the employees, the nature of disabilities and other related factors.”Code.

9. Mines Act 1952 · Sec 10Secrecy information obtainedRevisedOSH&WC Code 2020 · Sec 39Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
   What changed · 43% of the old wording kept

   (2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so required) to – “(a)to— (a)any court; (b) aanyCommittee or court of inquiryBoardconstituted or appointedunder section 12 or section 24, as the case may be:this Code;(c) an official supervisorsuperioror the owner, agent or manageremployerof the concerned mine:establishment concerned;(d) a Commissioner for workmen’semployees'compensation appointed under the Workmen’sEmployees'Compensation Act, 1923; (e) the ControllerController,Indian Bureau of Mines.Mines; and(f) any registered or recognised trade union; (g)such otherofficer, authority and organisationor authorised personas may be specified in this behalf by the Central Government.”appropriate Government.(3) IfNotwithstanding anything contained inthe Right to Information Act, 2005, noChief Inspector,Inspector-cum-Facilitatoror an Inspector orInspector-cum-Facilitator shall disclose the source ofany other person referredcomplaint, madeto in sub-section (1) discloses contrary tohim regarding the contravention ofthe provisions of this section, any such information as aforesaidCodewithout the consent of the Central Government, hecomplainant andshall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (4) No court shall proceedalso not while making an inspection under this Code in pursuance of such complaint, discloseto the trialemployer concerned or anyof any offence under this section except withhis representative thatthe previous sanctioninspection is being made in pursuanceof the General Government.such complaint.

10. Mines Act 1952 · Sec 11Certifying SurgeonsRevisedOSH&WC Code 2020 · Sec 42Medical officer
    What changed · 27% of the old wording kept

    (2) Subject to such conditions asProvided thatthe Central Government may think fit to impose, a certifying surgeon may, with the approval of the Central Government, authorise any qualifiedmedical practitioner to exercise all or any of his powers under this Act for such period as the certifying surgeon may specify, and references to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorise. (3) No person shall be appointed to be or authorised to exercise the powers of certifying surgeon, or, having beenofficersso appointed or authorised, continueshall before entering into their office shall discloseto exercise such powers, who is or becomesthe owner, agent or manager of a mine, or is or becomes directly or indirectly interested therein, or in any process or business carried on therein or in any patent or machinery connected therewith, or is otherwiseappropriate Government their interestin the employment ofconcerned establishment. (2) The medical officer shall performthe mine. (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with --following duties, namely:—(a) *** (b)the examination and certificationof persons engagedworkersin a mine or factory or in such other establishment engagedin such dangerous occupations or processes as may be prescribed: (c)prescribed; (b)the exercise of such medical supervision for any factory, mines, plantation, motor transport undertaking and for such other establishmentas may be prescribed for any mine or class or description of mines where- (i)by the appropriate Government wherecases of illness have occurred which it is reasonable to … process carried on or other conditions of work prevailing in such establishments; (c)the mine. (ii) ***examination and certification of adolescent for the purpose of ascertaining his fitness for employment in factory, plantation, motor transport undertakings and in any other establishment as may be prescribed by the appropriate Government in any work which is likely to cause injury to their health.CHAPTER – III ‘COMMITTEES’X SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN

11. Mines Act 1952 · Sec 12CommitteesMergedOSH&WC Code 2020 · Sec 16National Occupational Safety and Health Advisory Board
12. Mines Act 1952 · Sec 13Functions of the committeeMergedOSH&WC Code 2020 · Sec 16National Occupational Safety and Health Advisory Board
13. Mines Act 1952 · Sec 14Powers, etc. of the CommitteesMergedOSH&WC Code 2020 · Sec 16National Occupational Safety and Health Advisory Board
14. Mines Act 1952 · Sec 15Recovery of expensesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
15. Mines Act 1952 · Sec 16Notice to be given of mining operationsRevisedOSH&WC Code 2020 · Sec 5Notice by employer of commencement and cessation of operation
    What changed · 29% of the old wording kept

    (2) AnyThenotice givenor intimationunder sub-section (1) shall be sogiven as to reach the persons concerned at least one month before the commencement of any noting operation.electronically. CHAPTER III DUTIES OF EMPLOYER AND EMPLOYEES, ETC.

16. Mines Act 1952 · Sec 17ManagersSame textOSH&WC Code 2020 · Sec 67Managers
17. Mines Act 1952 · Sec 18Duties and responsibilities of owners, agents and managersRevisedOSH&WC Code 2020 · Sec 7Duties and responsibilities of owner, agent and manager in relation to mine
    What changed · 44% of the old wording kept

    (2) The responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such person (other than the manager) whom the owner or agent may appoint for securing compliance with the aforesaid provisions. (3) If the carrying out of any instructions given under sub-section (2) or given otherwise than through the manager under sub-section(3) of section 17 results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provision concerned. (4) Subject to the provisions of sub-sections(1), (2) and (3) the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and orders made thereunder. (5)In the event of any contravention by any person whosoever of any of the provisions of this ActCodeor of the regulations;rules, regulations,bye-laws or orders made thereunderthereunder, relating to mine,except those which specifically require any person to do any act or thing,thingor prohibit any person from doing an act or thing, besides the person who contravenes, then,each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used bueduediligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention: (i)contravention, namely:— (a)the official or officials appointed to perform duties of supervision in respect of the provisions contravened; (ii)(b)the manager of the mine; (iii)(c)the owner and agent of the mine; (iv)(d)the person appointed, if any, to carry out the responsibility under sub-section (2). Provided that any of the persons aforesaid may not be proceeded against if it appears on enquiry and investigation that he is not prima facieliable. (6)section 24. (3)It shall not be a defence in any proceedings brought … a mine under this section that the manager and other officialofficialshave been appointed in accordance with the provisions of this ActCodeor that a person to carry the responsibility under sub-section (2)section 24has been appointed." CHAPTER – V PROVISION AS TO HEALTH AND SAFETYappointed.

18. Mines Act 1952 · Sec 19Drinking waterMergedOSH&WC Code 2020 · Sec 23Responsibility of employer for maintaining health, safety and working conditions
19. Mines Act 1952 · Sec 20ConservancyMergedOSH&WC Code 2020 · Sec 23Responsibility of employer for maintaining health, safety and working conditions
20. Mines Act 1952 · Sec 21Medical appliancesRevisedOSH&WC Code 2020 · Sec 24Welfare facilities in the establishment, etc.
    What changed · 22% of the old wording kept

    (1) In every mine there shall be provided(i) adequateand maintained so assuitable facilities for washing to male and female employees separately; (ii) bathing places and locker rooms for male, female and transgender employees separately; (iii) place of keeping clothing not worn during working hours and for the drying of wet clothing; (iv) sitting arrangements for all employees obliged to work in a standing position; (v) facilities of canteen in an establishment for employees thereof, wherein one hundred or more workers including contract labourers are ordinarily employed; (vi) in case of mines, medical examination of the employees employed orto be employed in the mines, before their employment and at specific intervals; (vii) adequate first-aid boxes or cupboards with contentsreadily accessible during all working hours such numberhours; and (viii) any other welfare measures which the Central Government considers, under the setof first-aid boxes or cupboards equipped with such contentscircumstances,as may be prescribed. (2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room. (3) Every first-aid box or cupboard shall be kept in the chargerequired for decent standardof a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hourslifeof the mine. (4) In every mine there shall be madesemployees. (2) Without prejudiceto asthe generality of the powers referredto be readily available such arrangements asunder sub-section (1), the Central Governmentmay be prescribedalso prescribefor the conveyance to hospitalsfollowing matters, namely:— (i) ambulance room in every factory, mine, buildingor dispensaries of persons who, while employedother construction work wherein more than five hundred workers are ordinarily employed; (ii) medical facilities at the operating centres and halting stations, uniforms, raincoats and other like amenities for protection from rain or cold for motor transport workers; (iii) adequate, suitable and separate shelters or rest-rooms for male, female and transgender employees and lunch-roomin the mine suffer bodily injury or become ill. (5) Inevery factory andmine wherein more than onefifty workers are ordinarily employed and in motor transport undertaking wherein employee is required to halt at night; (iv) the appointment of welfare officer in every factory, mine or plantation wherein twohundred and fifty personsor more workersare ordinarilyemployed there shall be providedand maintained a first-aid roomthe qualification, conditions of service and dutiesof such size with such equipmentwelfare officer; (v) for providing by the employer temporary living accommodation, free of chargesand inwithinthe charge of such medical and nursing staffwork site or as near to itas may be possible, to all building workers employed by him and for causing removal or demolition of such temporary living accommodation and for returning by the employer the possession of any land obtained by him for such purpose from Municipal Board or any other local authority; (vi) for payment by the principal employer the expenses incurred on providing the accommodation to the contractor, where the building or other construction work is done through the contractor; (vii) any other matter which may beprescribed. (3) The Central Government may make rules to provide for the facility of creche having suitable room or rooms for the use of children under the age of six years of the employees at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed: Provided that an establishment can avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non-Governmental organisation or by any other organisation or group of establishments may pool their resources for setting up of common crèche in the manner as they may agree for such purpose. CHAPTER VII HOURS OF WORK AND ANNUAL LEAVE WITH WAGES

21. Mines Act 1952 · Sec 22Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerousRevisedOSH&WC Code 2020 · Sec 38Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work
    What changed · 79% of the old wording kept

    (1A) Where(a) where it appears tothe owner, agentInspector-cum-Facilitator that conditions in a factoryor managerpart thereof are such that they may cause serious hazard or imminent danger by wayof amineinjury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard or imminent danger and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard or danger is removed; (b) any order issued by the Inspector-cum-Facilitator under sub-clause (a) shall have effect for a period of three days until extended by the Chief Inspector-cum-Facilitator by a subsequent order; (c) any person aggrieved by an order of the Inspector-cum-Facilitator under sub-clause (a), and the Chief Inspector-cum-Facilitator under sub-clause (b), shall have the right to appeal to the High Court; (d) any person whose employment has been affected by an order issued under sub-clause (a), shall, without prejudice to the rights of the parties under the Industrial Disputes Act, 1947, be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible in such manner as may be prescribed by the appropriate Government; (B) shall have the following special powers in respect of mines, namely:— (a) if, in respect of any matter for which no express provision is made by or under this Code, it appears to the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or direction thereof, is dangerous to human life or safety or is defective so as to threaten or tend to cause, the bodily injury of any person, he may give notice in writing thereof to the employer of the mine stating therein the particulars in respect of which he considers the mine or part thereof or the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice; (b) where the employer of a minefails to comply with the terms of a notice given under sub-section (1)sub-clause (a)within the period specified therein, the Chief InspectorInspector-cum-Facilitatoror the Inspector, as the case may be, mayInspector-cum-Facilitator may,by order in writing, prohibit the employment in or about the mine or any part thereof ofany person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice. (1)Withoutnotice; (c) withoutprejudice to the provisions contained in sub-section(10sub-clause (a),the Chief InspectorInspector-cum-Facilitatoror the Inspector as the case may be,Inspector-cum-Facilitator may,by order in writing addressed to the owner, agent or manageremployerof a minemine,prohibit the extraction or reduction of pillars or blocks of minerals in anythemine or part thereof, if, in his opinionopinion,such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the workingworkingsor otherwise endanger the mine or the life or safety … restricting the area that might be affected by fire or flooding. (3)Ifflooding; (d) ifthe Chief Inspector,Inspector-cum-Facilitatoror an Inspector authorised in this behalfInspector-cum-Facilitator authorised,by general or special order in writing by the Chief Inspector,Inspector-cum- Facilitator,is of opinion that there is urgent and immediate danger … writing containing a statement of the grounds of his opinion, prohibit,prohibituntil he is satisfied that the danger is removedremoved,the employment in or about the mine or any part … his opinion reasonably necessary for the purpose of removing the danger. (3A) Everydanger; (e) everyperson whose employment is prohibited under sub-section (1A) of sub-section (3)sub-clause (b) or sub-clause (d)shall be entitled to payment of full wages for the period for which he would have been, but for the prohibitionprohibition,in employment and the owner agent or manageremployershall be liable for payment of such full wages of that person: Provided that the owner, agent or manageremployermay instead of paying such full wagesprovide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited.” (4) Whereprohibited; (f) where anotice has been given under sub-section (1)sub-clause (a)or an order ismade under sub- section (1A), sub-section (2)sub-clause (b)or sub-section (3)sub-clause (c) or sub-clause (d)by an Inspector,Inspector-cum- Facilitator,the owner, agent or manageremployerof the mine maymay,within ten days after the receipt of the notice or order, as the case may bebe,appeal against the same to the Chief InspectorInspector-cum-Facilitatorwho may confirm, modify or cancel the notice or order. (5) Theorder; (g) theChief InspectorInspector-cum-Facilitatoror the InspectorInspector-cum-Facilitatorsending a notice under sub-section (1)sub-clause (a)or making an order under sub-section (1A), sub-section(2)sub-clause (b)or sub-section (3)sub-clause (c) or sub-clause (d)and the Chief InspectorInspector-cum-Facilitatormaking an order (other than an order of cancellation in appeal) under sub- section (4)sub-clause (f)shall forthwith report the same to the Central Government. (6) IfGovernment; (h) ifthe owner, agent or manageremployerof the mine objects to a notice sent under sub- section(1)sub-clause (a)by the Chief InspectorInspector-cum-Facilitator or the Inspector-cum- Facilitatoror to an order made by the Chief InspectorInspector-cum-Facilitator or the Inspector-cum-Facilitatorunder sub- section (1A)sub-clause (b)or sub-section(2)sub-clause (c)or sub-section (3)sub-clause (d)or sub-section (4),sub-clause (f), as the case may be,he may, within twenty days after the receipt of the … the Central Government which shall, ordinarily within a period of two monthsone monthfrom the date of receipt of the objection, referdecidethe same to a Committee. (7) Everymatter; (i) everynotice under sub-section(1)sub-clause (a),or order under sub-section (1A), sub-section(2)sub-clause (b)or sub-section(3)sub-clause (c)or sub-section (4)sub-clause (d) or sub-clause (f),to which objection is made under sub-section(6)sub-clause (h),shall be complied with, pending the receipt atobjection withthe mineconcerned Chief Inspector-cum-Facilitator or Inspector-cum-Facilitatorof the mine, forthe decision of the Committee.Central Government:Provided that the CommitteeCentral Governmentmay, on the application of the owner, agent or manager,employer,suspend the operation of a notice under sub-section (1)sub-clause (a),pending its decision on the objection. (8) Nothingobjection; (j) nothingin this section shall affect the powers of a magistrate under section 144 of the Code of Criminal procedure 1896. Act V of 1898). 22A Power to prohibit employment in certain cases: (1) WhereProcedure, 1973; (k) wherein respect of any matter relating to safety of minefor which express provision is made by or under this Act,Code,the owner, agent or manageremployerof amine fails to comply with such provisions, the Chief InspectorInspector-cum-Facilitatormay give notice in writing requiring somethe sameto be complied with within such time as he,hemay specify in the notice or within such extended period of time as he may, from time to time, specify thereafter. (2) Wherethereafter; (l) wherethe owner, agent or manageremployerfails to comply with the terms of a notice given under sub-section(1)sub-clause (k)within the period specified in such notice or, as the case may be,orwithin the extended period of time specified under that sub-section,sub-clause,the Chief InspectorInspector- cum-Facilitatormay, by order in writing, prohibit the employmentemployment,in or about the mine or any part thereofthereof,of any person whose employment is not, in his opinionopinion,reasonably necessary for securing compliance with the terms of the notice. (3) Everynotice; (m) everyperson whose employment is prohibited under sub-section(2),sub-clause (l),shall be entitled to payment of full wages for the … the prohibition, in employment, and the owner, agent or manager referred to in section 67shall be liable for payment of such full wages of that person.person:Provided that the owner, agent or manageremployermay, instead of paying such full wages, provide such person … person was receiving in the employment which was prohibited under sub-section(2). (4) Thesub-clause (l); (n) theprovisions of sub-section (5), (6)sub-clauses (g), (h)and (7) of section 22(i)shall apply in relation to a notice issued under sub-section (1)sub-clause (k)or an order made under sub-section(2) of this sectionsub-clause (l)as they apply in relation to a notice under sub-section (1)or an order under sub-clause (b); (o) the Chief Inspector-cum-Facilitator may, for reasons to be recorded in writing, reverse or modify any order passed by him under this Code or under any regulation, rule or bye-law made thereunder in relation to mine; (p) no order prejudicial to the owner, agent or manager of a mine shall be made under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation; (q) the Central Government may reverse or modify any order passed by Chief Inspector-cum-Facilitator under this Code or under any regulation, rule or bye-laws thereunder in relation to mine; (C) shall have the following special powers in respect of dock work namely:— (a) if it appears to an Inspector-cum-Facilitator that any place where any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of workers employed in dock work, he may, in writing, serve on the employer, an order prohibiting any dock work, in such place, until measures have been taken to remove the cause of the danger to his satisfaction; (b) an Inspector-cum-Facilitator after serving an order under clause (a) shall endorse a copy thereof to the Chief Inspector-cum-Facilitator who may modify or cancel the order without waiting for an appeal; (c) any person aggrieved by an order under clause (a) or clause (b) may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the Chief Inspector-cum-Facilitator or where such order is by the Chief Inspector-cum-Facilitator, to the Central Government and the Chief Inspector-cum-Facilitator or the Central Government shall, after giving the appellant an opportunity of being heard, dispose of the appeal within sixty days: Provided that the Chief Inspector-cum-Facilitator or the Central Government may entertain the appeal after the expiry of the said period of fifteen days, if he or it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Provided further that an order under clause (a) or an order modified under clause (b) shall be complied with, pending the decision of the Chief Inspector- cum-Facilitator or the Central Government. (2) Without prejudice to the other powers of an Inspector-cum-Facilitator elsewhere in this Code,— (a) if it appears to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator that any site or place at which any building or other construction work is being carried on, is in such condition that it is dangerous to life, safety or health of building workers or the general public, he may, in writing serve, on the employer of building workers working at such site or place or on the employer of the establishment in which such site or place is situated or on the person in charge of such site or place, an order prohibiting any building or other construction work at such site or place until measures have been taken to remove the cause of the danger to his satisfaction; (b) an Inspector-cum-Facilitator serving an order under clause (a) shall endorse a copy of the order to the Chief Inspector-cum-Facilitator; (c) such prohibition order made by the Inspector-cum-Facilitator shall be complied with by the employer forthwith. (3) Any person aggrieved by an order under clause (a) ofsub-section (1A)(2), may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the Chief Inspector-cum-Facilitator or where such order is by the Chief Inspector-cum- Facilitator, to the appropriate Government and the Chief Inspector-cum-Facilitator or the appropriate Government, as the case may be, shall, after giving the appellant an opportunityof being heard, dispose of the appeal within sixty days: Providedthat section.”the Chief Inspector-cum-Facilitator or the appropriate Government may, entertain the appeal after the expiry of the said period of fifteen days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Provided further that the order under clause (a) of sub-section (2), shall be complied with, subject to the decision of the Chief Inspector-cum-Facilitator or the appropriate Government as the case may be.

22. Mines Act 1952 · Sec 23Notice to be given of accidentsRevisedOSH&WC Code 2020 · Sec 10Notice of certain accident
    What changed · 11% of the old wording kept

    (a) an accident causing loss of lifeemployeror serious bodily injury,owneror (b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or (c) an influx of inflammable or noxious gases, or (d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or (e) an overwinding of cages of other means of conveyance in any shaft while persons or materials are being lowered or raised, or (f) a premature collapse of any part of the workings, or (g) any other accident which may be prescribed, the owner,agent or manager referred to in section 67of the mine shall give notice of the occurrencesuch establishment if it is mine; or (b) employer or manager in relationto such authorityestablishment if it is factory or relates to dock work; or (c) the employer of a plantation or an establishment relating to building or other construction or any other establishment, shall send notice thereof to such authorities,in such formmannerand within such timetime,as may be prescribed, and he shall simultaneously post one copy ofprescribed bythe notice on a special notice-board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting. (1A) Whenever there occurs in about a mine an accident causing reportable injury to any person, the owner, agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in quarter.”appropriate Government.(2) Where a notice given under sub-section(1)sub-section (1)relates to an accident causing loss of life,death in a plantation or an establishment relating to building or other construction work or any other establishment,the authority to whom the notice is sentshall make an inquiry into the occurrence within two months of the receipt of the notice and,orif there is no such authority,the authority is not the Inspector, heChief Inspector-cum-Facilitatorshall cause the InspectorInspector-cum-Facilitatorto make an inquiry within the said period. (3) The Central Government may, by notification in the Official Gazette, direct that accidents other than those specified in sub-sections(1) and (1A) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours shall be entered in a register in the prescribed form or shall be subject to the provision of sub-section(1) or sub-section (1A), as the case may be.” (4) A copy of the entries in the register referred to in sub section (3) shall be sent by the owner, agent or manager of the mine, on or before the 20th day of January in the year following that to which the entries relate to the Chief Inspector. (5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to who notice of the accident is required to be given under sub-section(1) of section 23, unless such disturbances of alteration is necessary to prevent any further accident to remove bodies of the deceases; or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine; Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident, within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.”

23. Mines Act 1952 · Sec 24Power of Government to appoint court of enquiry in cases of accidentsMergedOSH&WC Code 2020 · Sec 121Power of appropriate Government to direct inquiry in certain cases
24. Mines Act 1952 · Sec 25Notice of certain diseasesRevisedOSH&WC Code 2020 · Sec 12Notice of certain diseases
    What changed · 35% of the old wording kept

    (2) If any qualifiedmedical practitioner attends on a personperson,who is or has been employed in a minean establishment,and who isis,or is believed by the qualifiedmedical practitionerpractitioner,to be suffereingsufferingfrom any disease notified under sub-section(1)specified in the Third Schedule,the medical practitioner shall without delay send a report in writing to the Chief Inspector stating -- (a) the name and address of the patient. (b) The disease from which the patient is or is believed to be suffering, and (c) The name and address of the mine in which the patient is or was last employed. (3) Where the report under sub-section(2) is confirmed to the satisfactionofficeof the Chief Inspector by the certificate of a certifying surgeon or otherwise that the person is suffering from a disease notified under sub-section (1), the Chief Inspector shall pay to the medical practitionerInspector-cum-Facilitator insuch feeform and manner and within such timeas may be prescribed, andprescribed bythe fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contracted the disease. (4)appropriate Government. (3)If any qualifiedmedical practitioner fails to comply with the provisions of sub-section(2),sub-section (2),he shall be punishable with finepenaltywhich may extend to fiftyten thousandrupees.

25. Mines Act 1952 · Sec 26Power to direct investigation of causes of diseasesMergedOSH&WC Code 2020 · Sec 121Power of appropriate Government to direct inquiry in certain cases
26. Mines Act 1952 · Sec 27Publication of reportsRevisedOSH&WC Code 2020 · Sec 122Publication of reports
    What changed · 0% of the old wording kept

    CHAPTER – VI HOURS AND LIMITATION OF EMPLOYMENTThe appropriate Government may, if it thinks fit, cause to be published any report submitted to it by the National Board or State Advisory Board or any extracts from any report submitted to it under this Code.

27. Mines Act 1952 · Sec 28Weekly day of restMergedOSH&WC Code 2020 · Sec 26Weekly and compensatory holidays
28. Mines Act 1952 · Sec 29Compensatory days of restMergedOSH&WC Code 2020 · Sec 26Weekly and compensatory holidays
29. Mines Act 1952 · Sec 30Hours of work above groundMergedOSH&WC Code 2020 · Sec 25Daily and weekly working hours, leave, etc.
30. Mines Act 1952 · Sec 31Hours of work below groundsMergedOSH&WC Code 2020 · Sec 25Daily and weekly working hours, leave, etc.
31. Mines Act 1952 · Sec 32Night shiftsMinor changesOSH&WC Code 2020 · Sec 28Night shifts
    What changed · 85% of the old wording kept

    (a) for the purposes of sections 28 and 29,section 26,a weekly holiday for a wholeday of restshall mean in his case a period of twenty-four consecutive hours beginning when his shift ends.ends;(b) the following day for him shall be deemed to be the period of twenty fourtwenty-fourhours beginning when such shiftsshiftends, and the hours he has worked after midnight shall be counted in the previous day.

32. Mines Act 1952 · Sec 33Extra wages for overtimeRevisedOSH&WC Code 2020 · Sec 27Extra wages for overtime
    What changed · 8% of the old wording kept

    (2) Where any person employed inProvided thata mine is paid on piece rate basis, the time-rateworkershall be taken as equivalentrequired to work overtime by the employer subjectto the daily average of his full-time earning for the days on which he actually worked during the week immediately preceeding the week in which overtime work has been done, exclusive of any overtime, and such time-rate shall be deemed to be the ordinary rate of wagesconsentof such person;worker for such work:Provided furtherthat if such person has not worked inthe preceeding week on the same or identical job, the time rate shall be based on the average for the day he had worked in the same week excluding the overtime or on the daily average of his earnings in any preceding week whichever is higher. Explanation - For the purpose of this section. “ordinary rate of wages” shall have the same meaning as in the Explanation to sub-section (3) of section 8A.” (3) (4) The CentralappropriateGovernment may prescribedprescribethe register to be maintained in a mine for the purposetotal numberof securing compliance with provisionshoursof this section.overtime.

33. Mines Act 1952 · Sec 34Prohibition of employment of certain personsExpandedOSH&WC Code 2020 · Sec 30Restriction on double employment in factory and mine
    What changed · 89% of the old wording kept

    No personworkershall be required or allowed to work in a mine or factoryif he has already been working in any other minesuch similar establishmentwithin the preceding twelve hours.hours, save in such circumstances as may be prescribed by the appropriate Government.

34. Mines Act 1952 · Sec 35Limitation of daily hours of work including over-time workMergedOSH&WC Code 2020 · Sec 25Daily and weekly working hours, leave, etc.
35. Mines Act 1952 · Sec 36Notices regarding hours of workRevisedOSH&WC Code 2020 · Sec 31Notice of periods of work
    What changed · 9% of the old wording kept

    (1)(2)The managerformof every mine shall cause to be posted outsidenotice required by sub-section (1),the officemannerof display of such notice andthe mine a noticemannerin the prescribed form standing the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay. (2) In the case of a mine atwhich mining operations commence after the commencement of this Act, the notice referred to in sub-section(1) shall be posted not less than seven days before the commencement of work. (3) The notice referred to in sub-section(1) shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief Inspector, if he so requires. (4) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed above ground, an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy ofsuch notice shall be sent to the Chief Inspector not less than seven days before such change. (5) No personInspector-cum-Facilitatorshall be allowed tosuch as may be prescribed by the appropriate Government. (3) Any proposed change in the system ofwork in any establishment which will necessitatea mine otherwise thanchangein accordancethe notice referred to in sub-section (1) shall be intimated to the Inspector-cum-Facilitator before the change is made, and exceptwith the notice required by sub-section (1).previous sanction of the Inspector-cum-Facilitator, no such change shall be made until one week has elapsed since that last change.

36. Mines Act 1952 · Sec 37Supervising staffRevisedOSH&WC Code 2020 · Sec 71Exemption to certain persons
    What changed · 11% of the old wording kept

    Supervising staff :- NothingThe Central Government may make rules to provide for exemption to certain persons or category of persons employedin section 28, section 30, section 31, section 34 ormines from the provisions ofsub-section (5)(1)of section 6 shall apply to persons who may by rules be defined to be persons holding positions25, sub-section (1)of supervision or management or employed in a confidential capacity.section 26, section 30 and sub-section (1) of section 31.

37. Mines Act 1952 · Sec 38Exemption from provisions regarding employmentSame textOSH&WC Code 2020 · Sec 69Exemption from provision regarding employment
38. Mines Act 1952 · Sec 39Power to make exempting rulesRevisedOSH&WC Code 2020 · Sec 91Power to make rules to exempt
    What changed · 16% of the old wording kept

    (b)(a) specifying the persons who hold positionsof allsupervisionor management or are employed in a confidential position in a factory or empowering the Chief Inspector-cum-Facilitator to declareany person, other than a person so specified, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinionof the personsChief Inspector-cum-Facilitator, such person holds such position or isso employedemployed, and the provisions of this Code, shall not apply to any person so defined or declared; (b)in caserespectof an accident, actualany workeror apprehended. (c) Ofclass of workers in any establishment or class of establishment, for providing the exemption, extent of exemption and conditions subject to which such exemption may be given. (2) The appropriate Government or the Chief Inspector-cum-Facilitator may, by order in writing, exempt subject to such conditions as it may deem expedient, any orall or anyof the persons engaged in work of a preparatory or complementary nature, which must necessarily be carried on for the purpose of avoiding serious interference with the ordinary working of the mine. (d) Of all or any of the persons engaged in urgent repairs and (e) Of all or any of the persons employedadult workersin any work, which for technical reasons must be carried on continuously.establishment or class of establishments. PART VIII PLANTATION

39. Mines Act 1952 · Sec 40Employment of persons below eighteen years of ageMergedOSH&WC Code 2020 · Sec 70Employment of persons below eighteen years of age
40. Mines Act 1952 · Sec 43Power to require medical examinationNot carried over

    Likely now in Rule 60 (Medical Examination) of Occupational Safety, Health and Working Conditions Code (Central) Rules, 2026 or Rule 121 (Cost of medical examination) of Occupational Safety, Health and Working Conditions Code (Central) Rules, 2026
41. Mines Act 1952 · Sec 45Prohibition of the presence of persons below eighteen years of age in a mineMergedOSH&WC Code 2020 · Sec 70Employment of persons below eighteen years of age
42. Mines Act 1952 · Sec 46Employment of womenRevisedOSH&WC Code 2020 · Sec 43Employment of women
    What changed · 5% of the old wording kept

    (a) in any part of a mine which is below-ground. (b) In any mine above ground except between the hours 6 am and 7 am. (2) Every womanWomen shall be entitled to beemployed in a mine above ground shallall establishments for all types of work under this Code and they may alsobe allowed an interval of not less than elevenemployed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and workinghours betweenor any other condition to be observed bythe termination of employment on any one day andemployer as may be prescribed bythe commencement of the next period of employment. (3) Notwithstanding anything contained in sub-section(1) the Central Government may, by notification in the official Gazette, very the hours of employment above ground of women in respect of any mine or class or description of mine, so however that no employment of any woman between the hours 10 am and 5 am is permitted thereby.appropriate Government.

43. Mines Act 1952 · Sec 47Disputes as to ageRevisedOSH&WC Code 2020 · Sec 117Onus as to age
    What changed · 20% of the old wording kept

    Disputes as to(2) The medical authority prescribed by the Central Government shall, while examining a worker for issuing the certificate ofage Rep. Byforthe Mine (Amendment) Act 1959 (62purposesof 1959), S.28.this Code, take into account the Aadhaar card of the worker, and in the absence thereof, the date of birth certificate from school or the matriculation or equivalent certificate from the concerned examination Board of the worker, if available, and in the absence thereof, the birth certificate of the worker given by a corporation or a municipal authority or a Panchayat, and only in the absence of any of the methods specified in this sub-section, the age shall be determined by such medical authority through an ossification test or any other latest medical age determination test.

44. Mines Act 1952 · Sec 48Register of persons employedRevisedOSH&WC Code 2020 · Sec 33Maintenance of registers, records and filing of returns
    What changed · 5% of the old wording kept

    (a) the namemaintain register in prescribed form, electronically or otherwise, containing such particularsof the employee with the name of his father or, of her husband, as the case may be, and such other particulars may be necessary for purpose of identification, (b) the age and sex of the employee; (c) the nature of employment (whether above ground or below ground, and if above ground, whether in opencast working or otherwise) and date of commencement thereof; (d) (e) Such other particularsworkersas may be prescribed, and the relevant entries shall be authenticatedprescribedby the signature orappropriate Government including,— (i) work performed by them; (ii) number of hours of work constituting normal working hours in a day; (iii) day of rest allowed in every period of seven days; (iv) wage paid and receipts given therefor; (v) leave, leave wages, overtime work, attendance and dangerous occurrences; and (vi) employment of adolescent; (b) display notices atthe thumb impressionwork placeof the person concerned, (2) The entriesworkersin the registersuch manner and form as may beprescribed by sub-section(1) shallthe appropriate Government; (c) issue wage slips to the workers, in electronic forms or otherwise; and (d) file such return electronically or otherwise to the Inspector-cum-Facilitator in such manner and during such periods as maybe such that workers working in accordance there with would not be working in contravention of any of the provisions of this Chapter. (3) No person shall be employed in a mine until the particulars required by sub-section (1) have been recorded in the register in respect of such person and no person shall be employed except during the period of work shown in respect of him in register. (4) For every mine other than a mine which for any special reason to be recorded, is exemptedprescribedby the Central Government by general or special order, there shall be kept in the prescribed form and place separate registers showing in respect of each person employed in the mine:- (a) below ground (b) above ground in opencast workings, and (c) above ground in other cases :- (i)the name of the employees; (ii) the class or kind of his employment (iii) where work is carried on by a system of relays, the shift to which he belongs and the hours of the shift. (5) The register of persons employed below ground referred to in-sub section (4) shall show at any moment the name of every person who is then present below ground in the mine. (6) No person shall enter any opencast working or any working below ground unless he has been permitted by the manager or is authorised under this Act or any other law to do so.appropriate Government. CHAPTER IX INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY

45. Mines Act 1952 · Sec 49Application of ChapterMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
46. Mines Act 1952 · Sec 50Leave definedMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
47. Mines Act 1952 · Sec 51Calendar year definedMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
48. Mines Act 1952 · Sec 52Annual leave wagesMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
49. Mines Act 1952 · Sec 53Wages during leave periodMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
50. Mines Act 1952 · Sec 54Payment in advance in certain casesMergedOSH&WC Code 2020 · Sec 32Annual leave with wages, etc.
51. Mines Act 1952 · Sec 55Mode of recovery of unpaid wagesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
52. Mines Act 1952 · Sec 56Power to exempt minesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
53. Mines Act 1952 · Sec 57Power of Central Government to make regulationsExpandedOSH&WC Code 2020 · Sec 136Power of Central Government to make regulations in relation to mines and dock work
    What changed · 89% of the old wording kept

    (a) for prescribingspecifyingthe qualifications required for appointment as Chief Inspector or Inspector;Inspector-cum-Facilitator;(b) for prescribingspecifyingand regulating the duties and powers of the Chief InspectorInspector- cum-Facilitatorand of InspectorsInspector-cum-Facilitatorsin regard to the inspection of mines under this Act;Code;(c) for prescribingspecifyingthe duties of owners, agents and managers of mines and ofpersons acting under themthem,and for prescribingspecifyingthe qualifications 9including(includingage) of agents and managers of mines and of persons acting under them.them;(d) for requiring facilities to be provided for enabling managers of mines and other persons acting under them to efficiently discharge their duties.duties;(e) for regulating the managermannerof ascertaining, by examination or otherwise, the qualificationqualificationsof managers of mines and persons acting under themthem,and the granting and renewal of certificates of competency.competency;(f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates.certificates;(g) Forfordetermining the circumstances in which and the conditions in respectsubjectto which it shall be lawful for more mines than one to be under a single manager, or for any mine ormines to be under a manager not having the prescribed qualifications.specified qualifications;(h) Forforproviding for inquiries to be made under this Code,including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this ActCodeand for the suspension or cancellation of any such certificate and for providing where everproviding, wherevernecessary, that the person appointed to hold an inquiry shall have all the powers of a civil court under the Code of Civil ProcedureProcedure,1908, (V of 1908)for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects.objects;(i) Forforregulating, subject to the provisions of the Indian Explosives Act, 1884, (IV of 1884)and of any rules made thereunder, the strong,storage,conveyance and use of explosive,explosives;(j) Forforprohibiting, restricting or regulating the employment of women in mines or in any class of mines oforon particular kindkindsof labour which are attended by danger to the life, safety,safetyor health of such persons and for limiting the weight of any single load that may be carried by any such person; (k) Forforproviding for the safety of the persons employed in a mine, their means of entrance thereintothere intoand exit therefromtherefrom,the number of shafts or outlets to be furnished;furnished,and the fencing of shafts, pits, outlets, pathwaypathwaysand subsidences; (l) Forforprohibiting the employment in a mine either as manager or … answerable to the owner or manager of the mine; (m) Forforproviding for the safety of the roads and working places in mines, including the sitting;siting,maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine; (n) Forforthe inspection of workings and sealed off fire-areasfire- areasin a mine, and for the restriction of workings in … whether natural or artificial, or of any public road or buildingbuilding,and for requiring due precaution to be taken against the irruption or inrush of water or other liquidmatter into, outbreak of fire in or premature collapse ofof,any workings; (o) Forforproviding for the ventilation of mines and the action to be taken in respect of dustdust,fire, and inflammable and noxious gases, including precautions against spontaneous combustion, under groundundergroundfire and coal dust; (p) For regulatingfor regulating,subject to the provisions of the IndianElectricity Act, 1910(X of 1910)2003,and of any rules made thereunder, the generation, storage, transformationtransformation,transmission and use of electricity in mines and for providing … cables in mines and of all other machinery and plant therein.therein;(q) For"forregulating the use of machinery in mines, for providing for … restricting the use of certain classes of locomotives underground; (r) Forforproviding for proper lighting of mines and regulating the use … a mine in which safety lamps are in use; (s) Forforproviding against explosions or ignitions of inflammable gas or dust or irruptionirruptions ofor accumulations of water in mines and against danger arising therefrom and for prohibitingprohibiting,restricting or regulating the extraction of minerals in circumstances likely … collapse of workings or to result in or to aggravate thecollapse of workings or irruptionirruptionsof water or ignitions in mines; (t) For prescribing under clause(g) of sub-section(1) of section 2, the typesfor specifying typeof accidents for the purposes of notice under section 10and for prescribingspecifyingthe notices of accidents and dangerous occurrencesoccurrences,and the noticesnotices,reports and returns of mineral output;output,persons employed and other matters provided for by regulationsregulations,to be furnished by owners, agents and managers of mines, and for prescribingspecifyingthe forms of such notices, returns and reports, the persons and authorities to whom they are to be furnishedfurnished,the particulars to be contained in themthem,and the time within which they are to be submitted; (u) Forforrequiring owners, agents and managers of mines to have fixed boundaries for the mine,mines,for prescribingspecifyingthe plans and sections and field notes connected therewith to be kept by them and the managermannerand places in which such plans, sectionsectionsand field notes are to be kept for purposes of record andfor the submission of copies thereof to the Chief Inspector;Inspector-cum-Facilitator,and for requiring themaking of fresh surveys and plans by themthem,and in the event of non- compliance,non-compliance,for having the survey made and plans prepared through andanyother agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue:revenue;(v) Forforregulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about minesabout, mines;for dealing effectively with the situation.situation;(w) For prescribingfor specifyingthe form of, and the particulars to be contained inin,the notice to be given by the owner, agent or manager of a mine under section 16;5;(x) For prescribingfor specifyingthe notice to be given by the owner, agent or manager of mininga minebefore mining operations are commenced at or extended to any point within forty-five metresmetersof any railway subject to the provisions of the Indian Railways Act, 1890, (IX of 1890)1989 orof any public roads or other works,worksas the case may bebe,which are maintained by the Government or any local authority.authority;(y) Forforthe protection from injury, in respect of any mine when the workings are discontinued, ofproperty vested in the Government or any local authority or railway company as defined in the Indian Railways Act, 1890. (yy)1989; (z)for requiring protective works to be constructed by the owner, agent or manager orofa mine before the mine is closed, and in the event of non- compliance,non-compliance,for getting such works executed by any other agency,agencyand for recovering the expenses,expensesthereof from such owner in the same manner as an arrear of land revenue; (z)(za)for providing forrequiringthe appointmentfencingof Courtsany mine or partof Inquiry undera mine or anyquarry, incline, shaftshaft,pit or outlet, whether the same is being worked or notnot,or any dangerous or prohibited area, subsidencesubsidence,haulage, tramline or pathway, where such fencing is necessary for the protection of the public; (zb) for specifying the number of officials to be appointed; (zc) for specifying the qualifications of the officials to be appointed; (zd) for specifying the qualificationsand experience of the agents; (ze) for specifying the period during which the agent shall be resident in India; (zf) for specifying duties and responsibilities of suppliers, designers, importer and contractors for safety in mines; (zg) for requiring the owners, agents and managers of mines to formulate, maintain and enforce safety management plan in their mines; (zh) for requiring the managers of mines to formulate and implement codes of practice or standard operating procedure in respect of any machinery or operation used in the mines; (zi) for providing for the safety in opencast mines and associated operations and machineries used therein; (zj) for regulating the extraction of methane from working or abandoned coal mines or from virgin coal seam; (zk) for specifying the forms of returns which shall be filed by the establishments or the class of establishments under this Code; (zl) for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on; (zm) for the safety of any regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects; (zn) for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment; (zo) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed; (zp) providing for the fire and explosion prevention and protection; (zq) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places; (zr) providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them; (zs) providing for the safety of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations; (zt) providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary; (zu) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo; (zv) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings; (zw) providing for the construction, maintenance and use of staging; (zx) providing for the rigging and use of ship's derricks; (zy) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other lifting devices used in the dock work;(zz) providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo; (zza) providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith; (zzb) providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling; (zzc) providing for the work in connection with cleaning, chipping, painting, operations and precautions to be taken in connection with such work; (zzd) providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ship's equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery; (zze) providing for the transport of dock workers; (zzf) providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the workplace; (zzg) providing for protective equipment or protective clothing; (zzh) providing for the sanitary, washing and welfare facilities; (zzi) providing for— (i) the medical supervision; (ii) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment; (iii) the safety and health organisation; and (iv) the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the workplace; (zzj) providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; (zzk) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers; and (zzl)any other matter which hasis requiredto be or may be prescribedspecified by regulation.

54. Mines Act 1952 · Sec 58Power of Central Government to make rulesRevisedOSH&WC Code 2020 · Sec 134Power of Central Government to make rules
    What changed · 6% of the old wording kept

    (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the other authority under sub-clause (iii) of clause (zs) of sub-section (1) of section 2; (b) the matters which are directly related to the condition of ship under the proviso to sub-clause (iii) of clause (zs) of sub-section (1) of section 2; (c) other period under clause (a) of sub-section (1) of section 3; (d) the form of certificate of registration, the time within which and the conditions subject to which such certificate shall be issued under sub-section (3) of section 3; (e) the form of intimation by the employer electronically and the manner of amendment in the certificate electronically under sub-section (4) of section 3; (f) the manner of informing closing of establishment and certifying payment to the registering officer under sub-section (5) of section 3; (g) procedurefor providingnomination and discharge of functions of Members of National Board under sub-section (3) of section 16; (h)the term of officetermsand otherconditions of service of officers and employees of the National Board under sub-section (4) of section 16; (i) the number of members of technical committees or advisory committees and their qualifications under sub-section (5) of section 16; (j) the form and manner of collecting, compiling and analyzing occupational safety and health statistics under sub-section (1) of section 21; (k) the form and manner of maintaining database electronically or otherwiseand the manner of filling vacancies among, the members of a Committee and for regulating the proceduredocumentsto be followed by a Committeeproduced under sub-section (2) of section 21; (l) health and working conditions under sub-section (1) of section 23; (m) regarding matters specified in sub-section (2) of section 23; (n) welfare facilitiesfor transacting its business.” (b) For prescribingthe formemployees under sub-section (1)of the register referred tosection 24; (o) regarding matters specifiedin sub-section (2) of section 24; (p) facility of crèche undersub-section (3) of section 23; (c) For providing24; (q) definition of "running time" in relation to a working day under clause (a) of the Explanation to sub-section (1) of section 25; (r) the hours of workfor working journalist under sub-section (2) of section 25; (s) other kinds of leave under clause (i) of sub-section (3) of section 25; (t)the appointmentmaximum periodof Courtsaccumulating leave under clause (ii)of Inquirysub-section (3) of section 25; (u) the limit up to which the earned leave may be availed of at a time and the reasons for which such leave may be exceeding under clause (iii) of sub-section (3) of section 25; (v) conditions and restrictions for entitlement of cash compensation under clause (iv) of sub-section (3) of section 25; (w) powers and duties of District Magistrateunder section 24, for regulating the36; (x) requisite qualifications or criteria under sub-section (1) of section 47; (y) period of renewal of licence under sub-section (2) of section 47; (z)procedure and powersunder clause (b)of such Courts for the paymentsub-section (1)of travelling allowance to the members, and for the recoverysection 51; (za) formof the expenses of such courts including any other expenses connected with the inquiry in the same manner as an area of land revenue from the manager, owner or agent of the mine concerned; (cc) for providing the inspection of mines to be carried out on behalf of the persons employed therein by a technical expert (not less than an overman in status) the facilities therefore, the frequency at whichagreement under clause (a),and the manner inname and other particulars under clause (b) of sub-section (2) of section 66; (zb) the matterwhich such inspections are tomaybe carried outsavedand the manner in which reportsqualificationsof such inspections aresole manager under sub-section (1) of section 67; (zc) the conditions relatingto be made. (d) for requiring the maintenancenumberof employees, depth of excavation and other matters under clause (a) of sub-section (1) of section 68; (zd) conditions relating to workings, opencast workings and explosives under clause (b) of sub-section (1) of section 68; (ze) to declarethe mines wherein any women employed or were employed on any day of the preceding twelve months of suitable rooms to be reserved for the use of children under the age of six years belonging to such women,and for prescribing, either generally or with particular reference to the number of women employed in the mine, the number of standards of such rooms, and the nature and extent of the amenities to be provided and the supervision to be exercised therein; (e) for requiring the maintenance at or near pitheads of bathing places equipped with shower baths and of locker rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed and for prescribing either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms. (f) For prescribing the standard of sanitation to be maintained and the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking water. (ff) for providing for the supply and maintenance of medical appliances and comforts and for prescribing the contents and number of first-aid boxes and cupboards, the training in first-aid work, the size and equipment of first-aid rooms and staff in chargepartthereof and the arrangements for conveyance of injured persons to hospitals or dispensaries; (fff)for requiring the imparting of practical instruction to, or the training of, persons employed or to be employed in mines otherwise than in a position of such instruction and training; (g) for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine and the entry or presence therein of any person in a drunken state; (h) for prescribing the form of notices required under section 36, and for requiring such notices to be posted also in specified languages; (i) for defining the person who shall,for the purpose of applicability of the provisions of this Code under sub-section (2) ofsection 37, be deemed68; (zf) the authority, the manner of informing such authority and the time limit for making such information under sub-section (3) of section 68; (zg)to beprovide for medical examination of apprentice, other trainee or employee under sub-section (3) of section 70; (zh) to exempt certain persons or category ofpersons holding positions of supervision oformanagement and the persons employed in mine and the persons employed therein under section 71; (zi) to provide for vocational training and rescue and recovery services to the personsemployed in a confidential capacity; (j) for prohibitingmine under section 72; (zj) medical authority under sub-section (2) of section 117; (zk) rules under sub-section (4) of section 121; (zl)the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing the manner and the circumstances in which such certificates may be granted and revoked; (k) (kk) for requiring persons employed or seeking employment at mines to submit themselves for medical examination and for prohibiting on medical grounds the employment of any person at a mine either absolutely or in a particular capacity or in particular work; (l) for prescribing the form of registers required by section 48 and the maintenance and form or registers for the purposes of Chapter VII; (m) for prescribing abstracts of this Act andlanguageof the regulations and rules and the language in which the abstracts andbye-laws shall be posted as required byunder sub-section (7) ofsection 61 and 62; (n) for requiring notices, returns and reports in connection with139; (zm)any matters dealt with by rules to be furnished by owners; agents and managers of mines and for prescribing the forms of such notices returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times within which they are to be submitted; (o) for requiring the provision and maintenance in mines; wherein more than fifty persons are ordinarily employed, of adequate and suitable shelters for taking food with provisions for drinking water. (p) For requiring the provision and maintenance in any mine specified in this behalf by the Chief Inspector or Inspector wherein more than two hundred and fifty persons are ordinarily employed of a canteen or canteen for the use of such persons; (q) For requiring the employment in every mine wherein five hundred or more persons are ordinarily employed of such number of welfare officers as may be specified and for prescribing the qualifications and the terms and conditions of, and the duties to be performed by, such welfare officers; (r) For requiring the establishment of rescue stations for specified mines or groups of specified mines or for all mines in a specified area and for prescribing how and by whom such stations shall be established; (s) For providing for the management of rescue stations (sa)for providing for the standards of physical fitness andother qualifications of the persons constituting rescue brigades; (sb)prescribing the places of residence of the persons constituting rescue brigades; (t) for prescribing the position, equipment, control, maintenance and functions of rescue stations; (u) for providing for the levy and collection of a duty of excise(at) a rate not exceeding twenty five paise per tonne) on coke and coal produced in and despatched from mines specified under clause(r), the creation of a rescue stations fund for such mines, the crediting to such fund of such sums of money as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from out of the proceeds of such cess credited to the Consolidated Fund of India, the manner in which the money from such fund shall be utilised and the administration of such fund; (v) for providing for the formation, training composition and duties of rescue brigades and generally for the conduct of rescue work in mines; (vv) for providing for the constitution of safety Committees for specified mine or groups of specified mines or for all mines in a specified area for promoting safety and for laying down the composition, manner of formation and functions of such safety Committees and, “ (w) generally to provide for anymatter not provided for by this Act or the regulations, provision forwhich is required in orderto give effect to this Act.be, or may be prescribed.

55. Mines Act 1952 · Sec 59Prior publication of regulations and rulesRevisedOSH&WC Code 2020 · Sec 137Prior publication of rules, etc.
    What changed · 31% of the old wording kept

    (2) The(a) thedate to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, (IX of 1897) as thatafter whicha draft of regulations or rulesrule, regulation, and bye-lawsproposed to be made will be taken under consideration, shall not be less than three monthsforty-five daysfrom the date on which the draft of the proposed regulations or rulesrule, regulation and bye-laws ispublished for general information. (3) (4) noinformation; (b) rule,regulation or rule shall be made unless the draft thereof has been referred to the Committee constituted under-sub-section(1) of sectionand unless that Committee has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions; (5) Regulation and rulesbye-lawsshall be published in the officialOfficialGazette and,andon such publication, shall have effect as if enacted in this Act. (6) The provisions of sub-section (1), (2) and (4) shall not apply to the first occasion on which rules referred to in clause (d) or clause (e) section 58 are made. (7)Code.

56. Mines Act 1952 · Sec 60Power to make regulations without previous PublicationsRevisedOSH&WC Code 2020 · Sec 138Power to make regulation without previous publication
    What changed · 2% of the old wording kept

    Provided that any regulation soNotwithstanding anything contained in section 137, regulations under section 136 may bemade shall be sendwithout previous publication and without referenceto the said committee for information and shall not remain in force for more than one year from the making thereof. (1) The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye-laws, not being inconsistent with this Act or any regulations or rules for the time being in force, governing the use of any particular machinery or the such adoption of a particular method of working the mine as owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine. (2) If any such owner, agent or manager – (a) falls to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector sufficient, the Chief Inspector or Inspector may – (i) propose a draft of such bye-laws as appear to him to be sufficient, or (ii)propose such amendment in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft or bye-laws or draft amendment to the owner agent or manager as the case may be, for consideration. (3) If within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, agent or manager under the provisions of sub-section(2), the Chief Inspector or Inspector and the owner, agent or manager are unable to agree as to the terms of the bye-laws to be made under sub-section(1) the Chief Inspector or Inspector shall refer the draft bye- laws for settlement to the Committee constituted under sub-section(1) of section 12, (4) (a)When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector or, which they are unable to agree, have been settled by the CommitteeNational Occupational Safety Health Advisory Boardconstituted under sub-section (1) of section 12, a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to16, ifthe Central Government is satisfied thatfor approval. (b) The Central Government may make such modificationthe preventionof apprehended danger orthe draft bye-laws as it thinks fit. (c) Before the Central Government approves the draft bye-laws, whether with or without modifications there shall be published in such manner as the Central Government may think best adopted for informing the persons affected, noticespeedy remedy of conditions likelyto the proposalcause danger andto make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days within which any objections with reference to the draft bye-laws, made by or on behalf of persons affected should be sent in writing and shall state – (d) Every objection shall be in writing and shall state – (i) the specific grounds of objections and (ii) the omissions, additions or modifications asked for (e) The Central Government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected and may approve the bye-laws either in the form in which they were published or after making amendments thereto as it thinks fit. (5) The bye-laws, when so approved by the Central Government shall have effect as if enacted in this Act, and the owner, agent or manager of the mine shall cause a copy of the bye-laws, in English and in such other language or languages as may be prescribed, to be posted up in some conspicuous place at or near the mine, where the bye laws may be conveniently read or seen by the persons employed; as often as the same become defaced obliterated or destroyed, shall cause them to be renewed with all reasonable despatch. (6) The Central Government may, order in writing rescind the whole or in part, any bye- laws so made, and thereupon such bye-laws shall cease to have effect accordingly. 61 A. Laying of regulations, rules and bye-laws before parliament. Every regulation made under section 57, every rule made under section 58 and every bye- law made under section 61d shall be laid as soon as may be afteravoid delayit is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions,necessary to dispense with from such publicationand if before the expiry of the session aforesaid, both houses agree in making any modification in the regulation, rule or bye-law should not be made, the regulation, rule or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or amendment shall be without prejudice to the validity of anything previously done under that regulation, rule or bye-law, as the case may be.”reference.

57. Mines Act 1952 · Sec 62Posting of abstracts from Act, regulations etc.Not carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
58. Mines Act 1952 · Sec 63ObstructionRevisedOSH&WC Code 2020 · Sec 95Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
    What changed · 26% of the old wording kept

    (2) Whoever(i) prevents or causes obstruction to a Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or an officer of the appropriate Government or a person authorised to discharge any duty or to exercise any powers under this Code or the rules or the regulations or the bye-laws made thereunder, from discharging such duty or exercising such power; or (ii) refuses entry to the Chief Inspector-cum-Facilitator or the Inspector-cum- Facilitator or person or public authority referred to in clause (i) of sub-section (1) of section 35 or expert referred to in section 37, to any place where such Chief Inspector- cum-Facilitator or Inspector-cum-Facilitator or such person or authority or expert is entitled to enter; or (iii) fails orrefuses to produce on the demand of the Chief Inspector orany registers or other documents kept in pursuance of this Act. or prevents or attempts to prevent or does any thingdocumentwhich he has reasonis requiredto believeproduce; or (iv) failsto be likelycomply with any requisition or order issuedto prevent any person from appearing before or being examined by an inspecting officer acting in pursuance of his dutieshim,under this Act,Code or the rules, regulations or bye-laws made thereunder heshall be punishable with imprisonment for a term which may extend to three months, orwith fine which may extend to three hundred rupees.one lakh rupees, or with both. (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both.

59. Mines Act 1952 · Sec 64Falsification of recordsRevisedOSH&WC Code 2020 · Sec 98Punishment for falsification of records, etc.
    What changed · 46% of the old wording kept

    (a) counterfoils,produces false records or counterfeitsor knowingly makes a false statement in any certificate, or any official copy of a certificate, granted under this Act, or (b) knowingly uses as true any such counterfeit or false certificate, or (c)makes or produces or uses anyafalse declaration, statementstatement, declarationor evidence knowingregarding any document in connection with compliance of any ofthe same to be false for the purposeprovisionsof obtaining for himself or for any other person a certificate or the renewal of a certificate underthis Act,Codeor any employment in a mine,rules, regulationsor (d)bye-laws or any order made thereunder; or (b)falsifies any plan,plan orsection, register or record,the maintenance of which is required by or under this ActCodeor produces before any authority such false plan,plan orsection, register or record,knowing the same to be false or; (e)false; or (c)makes, gives or delivers anyknowingly a falseplan, section,return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true,detail, heshall be punishable with imprisonment for a term which may extend to three monthsmonths,or with fine which may extend to one thousand rupeeslakh rupees,or with both. (2) Where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both.

60. Mines Act 1952 · Sec 65Use of false certificates of fitnessNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
61. Mines Act 1952 · Sec 66Omission to furnish plans etc.Minor changesOSH&WC Code 2020 · Sec 99Penalty for omission to furnish plans, etc.
    What changed · 80% of the old wording kept

    Any person who, without reasonable excuse the burden of providingprovingwhich shall lieliesupon him, omits to make or furnish in the prescribed form or manner or atat,or withinwithin,the prescribed time any plan, sectionsection,return, notice, register;register,record or report required by or under any provision ofthis ActCodeto be made or furnishedfurnished, heshall be punishable with fineliable to penalty which shall not be less than one lakh rupees butwhich may extend to one thousandtwo lakhrupees.

62. Mines Act 1952 · Sec 67Contravention of provisions regarding employment of labourMergedOSH&WC Code 2020 · Sec 97Punishment for contravention of certain provisions
63. Mines Act 1952 · Sec 68Penalty for employment of persons below eighteen years of ageMergedOSH&WC Code 2020 · Sec 97Punishment for contravention of certain provisions
64. Mines Act 1952 · Sec 69Failure to appoint managerRevisedOSH&WC Code 2020 · Sec 105Failure to appoint manager in mine
    What changed · 10% of the old wording kept

    Special provision for contravention of order under section 38.Failure to appoint manager - Whoever,in contravention of the provisions of section 17, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand and five hundred rupees, or both.mine.

65. Mines Act 1952 · Sec 70Notice of accidentsNot carried over

    Likely now in Rule 7 (Notice of accidents and dangerous occurrences) of Occupational Safety, Health and Working Conditions Code (Central) Rules, 2026
66. Mines Act 1952 · Sec 71Owner etc. to report to Chief Inspector in certain casesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
67. Mines Act 1952 · Sec 72Obligations of persons employed in a mineRevisedOSH&WC Code 2020 · Sec 13Duties of employee
    What changed · 40% of the old wording kept

    (a) willfullytake reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at the workplace; (b) comply with the safety and health requirements specified in the standards; (c) co-operate with the employer in meeting the statutory obligations of the employer under this Code; (d) if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable, report such situation to his employer or to the health and safety representative and in case of mine, agent or manager referred to in section 67, safety officers or an official for his workplace or section thereof, as the case may be, who shall report it to the employer in the manner as may be prescribed by the appropriate Government; (e) not wilfullyinterfere with or misuse or neglectany applianceappliance,convenience oforother thing provided in a mineat workplacefor the purpose of securing the health, safety orandwelfare of the person employed therein. (b) willfullyworkers; (f) not do, wilfullyand without reasonable cause do any thingcause, anything,likely to endanger himself oforothers; (c) willfully neglect to make us of any appliance orand (g) perform suchother thing provided induties as may be prescribed bythe mine for the purpose of securing the health or safety of the persons employed therein.appropriate Government.

68. Mines Act 1952 · Sec 72ASpecial provision for contravention of certain regulationsMergedOSH&WC Code 2020 · Sec 97Punishment for contravention of certain provisions
69. Mines Act 1952 · Sec 72BSpecial provision for contravention of order under section 22RevisedOSH&WC Code 2020 · Sec 104Special provision for contravention of order under section 38
    What changed · 9% of the old wording kept

    22. Whoever continues to work a mine in contravention of any order issued under sub- section (1A), sub-section (2) or sub-section(3) of section 22 or under sub-section (2) of section 22 shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to two years and shall also be liable to fine which may extend to five thousand rupees.Provided that inthe absence of special and adequate reasons to the country to be recorded in writing in the judgement of the court, such finecourtshall not impose a fine under this section which shallbe less than two thousand rupees.lakh rupees without recording in the judgment the reasons for imposing such fine.

70. Mines Act 1952 · Sec 72CSpecial provision for contravention of law with dangerous resultsRevisedOSH&WC Code 2020 · Sec 103Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident
    What changed · 22% of the old wording kept

    (a) If such contravention results in loss of life,death, he shall be punishablewith imprisonment for a termwhich may extend to two years, or with afine which may extend toshall not be less thanfive thousandlakhrupees, or with both,both;or (b) If such contravention results inserious bodily injury to any person within the establishment, he shall be punishablewith imprisonment for a termwhich may extend to one years,year,or with afine which may extend to three thousand rupees, or with both; or (c) If such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both. Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgement of the court, such fine, in the case of a contravention referred to in clause (a),shall not be less than three thousand rupees.two lakh rupees but not exceeding four lakh rupees, or with both: Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.(2) Where a person having been convicted under this sectionsub-section (1)is again convicted thereunder, shall be punishable with double the punishment provided byunder thatsub-section (1). (3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgement, order the whole or any part of the fine recovered to be paid as compensation to the person injured or, in the case of his death, to his legal representative; Provided that if the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowedfor presenting the appeal has elapsed of, if an appeal has been presented, before the decision of the appeal.first conviction.

71. Mines Act 1952 · Sec 73General provision for disobedienceRevisedOSH&WC Code 2020 · Sec 94General penalty for offences
    What changed · 31% of the old wording kept

    Whoever contravenesSave as otherwise expressly provided in this Code, if in, or in respect of,any provisionestablishment, there is any contravention of the provisionsof this ActCodeor of any regulation, ruleregulations or rules,or bye-laws or any of standards, made thereunderor of any order made thereunder forin writing given under this Code or such regulations or rules or bye-laws or standards, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and ifthe contravention of which nois continued after the conviction, then, with furtherpenalty is herein before provided shall be punishable with imprisonment for a termwhich may extend to three months, or with fine which may extend to onetwothousand rupees, or with both.rupees for each day till such contravention continues.

72. Mines Act 1952 · Sec 74Enhanced penalty after previous convictionNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
73. Mines Act 1952 · Sec 75Prosecution of owner, agent or managerMinor changesOSH&WC Code 2020 · Sec 107Prosecution of owner, agent or manager of mine
    What changed · 92% of the old wording kept

    Provided that the Chief InspectorInspector-cum-Facilitatoror the District Magistrate or the InspectorInspector-cum-Facilitatoras so authorised shall,shallbefore instituting such prosecution,prosecutionsatisfy himself that the owner, agent or manager of a minehad failed to exercise alldue diligence to prevent the commission of such offence.offence:Provided further that in respect of an offence committed in … not institute any prosecution against an owner, agent or manager of a minewithout the previousapproval of the Chief Inspector.Inspector-cum-Facilitator.

74. Mines Act 1952 · Sec 76Determination of owner in certain casesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
75. Mines Act 1952 · Sec 77Exemption of owner, agent or manager in certain casesRevisedOSH&WC Code 2020 · Sec 108Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases
    What changed · 73% of the old wording kept

    (a) that he has usedexerciseddue diligence to enforce the execution of the relevant provisions ofthis act, andCode, or(b) that the ownersaid otherperson committed the offence in question without his knowledge, consent or connivance, the saidthatother person shall be convicted of the offence and shall be liable to the like punishment as if he werewasthe owner, agent or manager of the mine andor occupier or manager ofthe owner, agent or manager,factory,as the case may be, shall be acquitted, Provided that – (a)andthe owner, agent or manager of a mine orthe occupier or the manager of the factory shall be, discharged from any liability under this Code in respect of such offence: Provided that in seeking to prove as aforesaid the owner, agent or manager of amine or the occupier or manager of the factory,as the case may be, may be examined on oathoath,and his evidence and that of any witness whowhomhe calls in supporthis support,shall be subject to cross examination by orcross-examinationon behalf of the person he allegeschargesas the actual offender and by the prosecutor. (b) If inspite of due diligenceprosecutor: Provided further that, ifthe person allegedchargedas the,theactual offender by the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be,cannot be brought before the court onatthe datetimeappointed for hearingthe hearing of the case,charge,the court shall adjourn fromthe hearing thereoffrom time to time so however that the totalfor aperiod of such adjournments doesnot exceedexceedingthree months,monthsand if by the end of the said period the person allegedchargedas the actual offender cannot stillbe brought before the court, the court shall proceed to hear the casechargeagainst the owner, agent or manager of the mine or occupier or manager of the factory,as the case may be.be, and shall, if the offence be proved, convict him.

76. Mines Act 1952 · Sec 78Power of court to make ordersMinor changesOSH&WC Code 2020 · Sec 113Power of court to make orders
    What changed · 81% of the old wording kept

    (2) Where an order is made under sub-section(1),sub-section (1),the owner, agent or manageremployerof the mine, asmine orthe case may be,factoryshall not be theliable under this ActCodein respect of the continuance of the offence during the period or extended period, if anyany,but if on the expiry of such period or extended period the order of the court has not been fully complied with the owner, agent or manager, as the case may be,with, employershall be deemed to have committed a further offence and … the order has not been complied with, or with both.

77. Mines Act 1952 · Sec 79Limitation of prosecutionsMergedOSH&WC Code 2020 · Sec 110Limitation of prosecution and cognizance of offences
78. Mines Act 1952 · Sec 80Cognizance of offencesMergedOSH&WC Code 2020 · Sec 110Limitation of prosecution and cognizance of offences
79. Mines Act 1952 · Sec 81Reference to Committee in lieu of prosecution in certain casesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
80. Mines Act 1952 · Sec 82Decision of question whether a mine is under this ActRevisedOSH&WC Code 2020 · Sec 73Decision of question whether a mine is covered under this Code
    What changed · 0% of the old wording kept

    Decision of question whether a mine is under this Act – If any question arises as to whether any excavation or working or premises in or adjacent to and belonging to a mine on which any process arcillary to the getting, dressing or preparation for sale or minerals or of coke is being carried on in a mine within the meaning of this Act, the Central Government may decide the question, and a certificate signed by a Secretary to the Central Government shall be conclusive on the point.PART V BEEDI AND CIGAR WORKERS

81. Mines Act 1952 · Sec 83Power to exempt from operation of ActRevisedOSH&WC Code 2020 · Sec 127Power to exempt in special cases
    What changed · 19% of the old wording kept

    (1) The Central(2) Without prejudice to the generality of sub-section (1), where the StateGovernment may by notificationis satisfiedin the official Gazette, exempt either absolutely orpublic interest that it is necessary to create more economic activities and employment opportunities, it may, by notification, exempt,subject to such conditions as it may think fit,any specified conditions any local area or any mine or groupnew factoryor class or descriptionof mines or any part of a mine or any class of personsnew factoriesfrom the operation ofall or any of the provisions of this Act orCode for such period fromthe regulations, rules or bye-laws;date on which such commercial production starts, as may be specified in the notification:Provided that no local area or mine or group or classany notification issued by a State Government under the Factories Act, 1948 for the time being in force in the State prior to the commencementof minesthis Code to achieve the same purpose as is specified in this sub-section,shall be exempted fromremain in force after such commencement for its remaining period as ifthe provisions of section 40 and 45 unless it is also exempted fromthis Code, tothe operation of allextent they defeat any purpose to be achieved by such notification issued bythe other provisionsState Government, were not in force. Explanation.—For the purposeof this Act. (2) The Central Government may, by generalsub-section, the expression "new factoryor special orderclass or description of new Factories" means such factory or class or description of Factories which are establishedand subject towhose commercial production start withinsuch restrictionsperiodas itmay think fit to impose authorisebe specified inthe Chief Inspector or any other authority to exempt, subject to any specified conditions, any mine or part thereof from the operation of any of the provisions of the regulations, rules or bye-laws if the Chief Inspector or such authority is of opinion that the conditions in any mine or part thereof are such as to render compliance with such provision unnecessary or impracticable.notification.

82. Mines Act 1952 · Sec 84Power to alter on rescind any ordersNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
83. Mines Act 1952 · Sec 85Application of Act to mines belonging to GovernmentNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
84. Mines Act 1952 · Sec 85APersons required to give notice etc. legally bound to do soMinor changesOSH&WC Code 2020 · Sec 130Persons required to give notice, etc., legally bound to do so
    What changed · 85% of the old wording kept

    Every person required to give any notice or to furnish any information to any authority underin relation to the provisions ofthis ActCodeshall be legally bound to do so within the meaning of section 176 of the Indian Penal Code. (Act 45 of 1860)

85. Mines Act 1952 · Sec 85BSigning of returns, notices etcNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
86. Mines Act 1952 · Sec 85CNo fee or charge to be realised for facilities and conveniencesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
87. Mines Act 1952 · Sec 86Application of certain provision of Act 63 of 1948 to minesNot carried over

    No counterpart found in OSH&WC Code 2020 or the other OSH&WC instruments.
88. Mines Act 1952 · Sec 87Protection of action taken in good faithRevisedOSH&WC Code 2020 · Sec 126Protection of action taken in good faith
    What changed · 68% of the old wording kept

    Protection of action taken in good faith -(2)No suit,prosecution or other legal proceeding whatevershall lie against the Government,any Board or committees constituted under this Code or any member of such Board or any officer or employee of the Government or the Board or any otherperson authorised by the Government or any Board or committee,for any damage caused or likely to be caused byanything which is in good faith done or intended to be done underin pursuance ofthis Act.Code or any rule or regulation or bye-laws or order made or issued thereunder.

89. Mines Act 1952 · Sec 88Repeal of Act 4 of 1923RevisedOSH&WC Code 2020 · Sec 143Repeal and Savings
    What changed · 10% of the old wording kept

    Transitory provision – (1) As from(a) The Factories Act, 1948; (b) The Plantations Labour Act, 1951; (c) The Mines Act, 1952; (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955; (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958; (f) The Motor Transport Workers Act, 1961; (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966; (h) The Contract Labour (Regulation and Abolition) Act, 1970; (i) The Sales Promotion Employees (Conditions of Service) Act, 1976; (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981; (l) The Dock Workers (Safety, Health and Welfare) Act, 1986; (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed forthe date of constitution of the Committeepurposesunder sub-section(1) of section 12 of the principal Act as amended by this Act – (i) any Mining Board constituted under section 12 of the principal Act and functioning as such on the aforesaid date shall stand dissolved; (ii) the Chairman and members of any such Board, who on the aforesaid date are members of that Mining Board shall cease to hold office as such; (iii) all proceedings pending on the aforesaid date in any Mining Board shall stand transferred to the said Committee which shall deal with them as if they had been pending therein, (2) Anything done or any action taken before the aforesaid date by any Mining Board shall, so far as it is not inconsistent withany of the provisions of the Principal Act as amendedenactments repealedby this ActCode, shallbe as valid and effective as if it haddeemed to have been appointed under this Code for such purposes under this Code. (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made thereunder) shall be deemed to havebeen done or taken under the corresponding provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of this Code till they are repealedby the Committee. --------------`Central Government. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 shall apply to the repeal of such enactments. THE FIRST SCHEDULE [See section 2(za)] List of Industries involving hazardous processes: 1. Ferrous Metallurgical Industries — Integrated Iron and Steel — Ferro-alloys — Special Steels. 2. Non-ferrous metallurgical Industries — Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and aluminium. 3. Foundries (ferrous and non-ferrous) — Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting. 4. Coal (including coke) industries — Coal, Lignite, Coke and like other substances — Fuel Gases (including Coal Gas, Producer Gas, Water Gas). 5. Power Generating Industries. 6. Pulp and paper (including paper products) industries. 7. Fertiliser Industries — Nitrogenous — Phosphatic — Mixed. 8. Cement Industries — Portland Cement (including slag cement, puzzolona cement and their products). 9. Petroleum Industries — Oil Refining — Lubricating Oils and Greases. 10. Petro-chemical Industries. 11. Drugs and Pharmaceutical Industries — Narcotics, Drugs and Pharmaceuticals. 12. Fermentation Industries (Distilleries and Breweries). 13. Rubber (Synthetic) Industries. 14. Paints and Pigment Industries. 15. Leather Tanning Industries. 16. Electro-plating Industries. 17. Chemical Industries. (a) Coke Oven by-products and Coaltar Distillation products: (b) Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, or any like gases); (c) Industrial Carbon; (d) Alkalies and Acids; (e) Chromates and dichromates; ( f ) Lead and its compounds; (g) Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and peroxides); (h) Electrothermal produces (artificial abrasive, calcium carbide); (i) Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds); ( j) Phosphorous and its compounds; (k) Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine); (l) Explosives (including industrial explosives and detonators and fuses). 18. Insecticides, Fungicides, Herbicides and other Pesticides Industries. 19. Synthetic Resin and plastics. 20. Man made Fibre (Cellulosic and non-cellulosic) industry. 21. Manufacture and repair of electrical accumulators. 22. Glass and Ceramics. 23. Grinding or glazing of metals. 24. Manufacture, handling and processing of asbestos and its products. 25. Extraction of oils and fats from vegetable and animal sources. 26. Manufacture, handling and use of benzene and substances containing benzene. 27. Manufacturing processes and operations involving carbon disulphide. 28. Dyes and Dyestuff including their intermediates. 29. Highly flammable liquids and gases. 30. Printing and dyeing on fabrics in textiles and plywood and laminate manufacturing process. 31. Process involving usage of radium or Radioactive Substances. 32. Stone Crushing industry. 33. Extraction of Oil and Raw material from the scrap tyres. 34. Cigarette manufacturing industry. 35. Ship breaking industry. 36. Hazardous waste and e-waste processing plants. 37. Semiconductor manufacturing industry. 38. Styrene manufacturing, handling and processing industry. 39. Nano-particles utilising industry. 40. Manufacturing, processing, preparation and utilisation of Mercury or Compounds of Mercury, Lead Tetra-ethyl, Manganese, Arsenic, Chrome, Aliphatic series, Beryllium, Phosgene and Isocyanates. THE SECOND SCHEDULE [See section 18(2)(f)] List of matters: (1) fencing of machinery; (2) work on or near machinery in motion; (3) employment of adolescents on dangerous machines; (4) striking gear and devices for cutting off power; (5) self acting machines; (6) casing of new machinery; (7) prohibition of employment of women, children and adolescent near cotton openers; (8) hoists and lifts; (9) lifting machines, chains, ropes and lifting tackles; (10) revolving machinery; (11) pressure plant; (12) floors, stairs and means of access; (13) pits, sumps, openings in floors and other similar indentation of area; (14) safety officers; (15) protection of eyes; (16) precautions against dangerous fumes, gases, etc.; (17) precautions regarding the use of portable electric light; (18) explosive or inflammable dust, gas, and other like dusts or gases; (19) safety committee; (20) power to require specifications of defective parts or tests of stability; (21) safety of buildings and machinery; (22) maintenance of buildings; (23) prohibition in certain cases of danger; (24) notice in respect of accidents; (25) court of inquiry in case of accidents; (26) safety management in plantation; (27) the general requirement relating to the construction, equipments and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on; (28) the safety of any regular approaches over a dock, wharf, quay or other places which dock worker have to use for going for work and for fencing of such places and projects; (29) the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment; (30) adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed; (31) the fire and explosion preventions and protection; (32) safe means of access to ships, holds, stagings, equipment, appliances and other working places; (33) the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary; (34) the safety of workers employed in freight container terminals of other terminals for handing unitized cargo; (35) the fencing of machinery, live electrical conductors, steam pipes and hazardous openings; (36) the construction, maintenance and use of staging; (37) the rigging and use of ship's derricks; (38) the testing, examination, inspection and certification as appropriate of' loose gears including chains and ropes and of slings and other lifting devices used in the dock work; (39) the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handing coal of other bulk cargo; (40) the measures to be taken in order to prevent dangerous methods of' working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith; (41) the handling of dangerous substances and working, in dangerous or harmful environments and the precautions to be taken in connection with such handling; (42) the work in connection with cleaning, chipping, painting, operations and precautions to be taken in connection with such work; (43) the employment of persons for handling cargo, handling appliances, power operated batch covers or other power operated ship's equipment such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery; (44) the transport of dock workers; (45) the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibration and air pollution at the work place; (46) protective equipment and protective clothing; (47) the sanitary, washing and welfare facilities; (48) the medical supervision; (49) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment; (50) the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of' notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; (51) the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers. (52) the safe means of access to, and the safety of, any working place, including the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground or from any part of a building or from a ladder or such other means of support; (53) the precautions to be taken in connection with the demolition of the whole or any substantial part of a building or other structure under the supervision of a competent person for the avoidance of danger from collapse of any building or other structure while removing any part of the framed building or other structure by shoring or otherwise; (54) the handling or use of explosive under the control of competent persons so that there is no exposure to the risk of injury from explosion or from flying material; (55) the erection installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to drive or operate such equipment; (56) the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination and heat treatment where necessary, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances; (57) the adequate and suitable lighting of every workplace and approach thereto, of every place where raising or lowering operations with the use of hoists, lifting appliances or lifting gears are in progress and of all openings dangerous to building workers employed; (58) the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to secure and maintain adequate ventilation of every working place or confined space; (59) the measures to be taken during stacking or unstacking, stowing or unstowing of materials or goods or handling in connection therewith; (60) the safeguarding of machinery including the fencing of every fly-wheel and every moving part of prime mover and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working only of the operations and as if it were securely fenced; (61) the safe handling and use of plant, including tools and equipment operated by compressed air; (62) the precaution to be taken in case of fire; (63) the limits of weight to be lifted or moved by workers; (64) the safe transport of workers to or from any workplace by water and provision of means for rescue from drowning; (65) the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires; (66) the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers; (67) the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains and accessories, earth moving equipment and floating operational equipments; (68) the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, tar or other similar things, insulation work, demolition operations, excavation, underground construction and handling materials; (69) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and health of the building workers, the administrative arrangements therefore and the matters connected therewith, to be framed by the employers and contractors for tile operations to be carried on in a building or other construction work; (70) emergency standards for enforcement of suitable standards in respect of hazardous processes in a factory; (71) the maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory; (72) lightning; and (73) any other matter which the Central Government considers under the circumstance for better working condition for safety at the workplace. THE THIRD SCHEDULE [See section 12(1)] List of Notifiable Diseases: 1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2. Lead-tetra-ethyle poisoning. 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae. 7. Poisoning by nitrous fumes. 8. Carbon bisulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae. 10. Chrome ulceration or its sequelae. 11. Anthrax. 12. Silicosis. 13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14. Pathological manifestations due to— (a) radium or other radio-active substances; (b) X-rays. 15. Primary epitheliomatous cancer of the skin. 16. Toxic anaemia. 17. Toxic jaundice due to poisonous substances. 18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19. Byssionosis. 20. Asbestosis. 21. Occupational or contact dermatitis caused by direct contact with chemicals and paints. These are of two types, that is, primary irritants and allergic sensitizers. 22. Noise induced hearing loss (exposure to high noise levels). 23. Beriyllium poisoning. 24. Carbon monoxide poisoning. 25. Coal miners' pneumoconiosis. 26. Phosgene poisoning. 27. Occupational cancer. 28. Isocyanates poisoning. 29. Toxic nephritis. ———— DR. G. NARAYANA RAJU, Secretary to the Govt. of India. MGIPMRND—875GI—29-09-2020. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. SUBIR NARAYA N GARAI Digitally signed by SUBIR NARAYAN GARAI Date: 2020.09.29 22:35:40 +05'30'

Method: each provision is paired with the one in the new text whose heading and text are closest, one to one where possible, and never across different named officials; "probable" marks a weaker pair. Where there is none, the related OSH&WC instruments are searched. "What changed" compares the words of the two texts: struck-through words are in the old text only, highlighted words in the new one only; long unchanged stretches are shortened. Text extracted from scanned or bilingual PDFs can carry recognition errors.