Chapter XIV MISCELLANEOUS

The Central Government may, by notification, direct that any power exercisable by it under this Code or rules made there under shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by the State Government or by such officer or authority subordinate to the State Government as may be specified in the said notification.

1. (1) When any offence is committed under this Code involving an issue of a certain age of a person and such person is in the opinion of the court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age.
2. (2) The medical authority prescribed by the Central Government shall, while examining a worker for issuing the certificate of age for the purposes of 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.

In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirement.

1. (1) Notwithstanding anything contained in this Code, any person desirous of obtaining common licence in respect of a factory, industrial premises for beedi and cigar work and for engaging contract workers or any combination thereof or single licence for any one of them under this Code shall make an application electronically or otherwise to such authority as may be designated, by notification, by the appropriate Government.
2. (2) The application under sub-section (1),---
   • (a) shall be in such form and filed in such manner and accompanied by such fee and contain such information as may be prescribed by the appropriate Government;
   • (b) shall, in so far as it relates to the licence for engaging contract labours, contain the number of inter-State migrant workers employed.
3. (3) On receipt of an application under sub-section (1), the authority referred to in that sub-section shall take such actions in such manner and make such inquiry as may be prescribed by the appropriate Government.
4. (4) Where the authority referred to in sub-section (1) is satisfied that the common licence may be issued in respect of a factory, industrial premises for beedi and cigar work and for engaging contract workers or any combination thereof or single licence for any one of them under this Code, such authority shall issue a licence electronically within forty-five days of the receipt of application failing which the licence shall be deemed to be issued and shall be auto generated and the responsibility of such failure shall be on such authority: Provided that where the licence is deemed to be issued, no further inquiry shall be made: Provided further that the form of licence shall, as far as practicable, be similar throughout India: Provided also that where such authority rejects the application he shall assign the reason for such rejection.
5. (5) Notwithstanding anything contained in this Code, any licence in respect of a factory, industrial premises for beedi and cigar work and for engaging contract labour has been obtained under any Central labour law before the commencement of this Code, in respect of any establishment shall be deemed to have been obtained under the provisions of this Code and shall be valid for the period for which it was issued and shall have to be obtained afresh after its expiration.
6. (6) Any person aggrieved by an order passed under this section by the authority referred to in sub-section (1) may file, within thirty days from the date of the order, an appeal in such form, accompanied with such fee to such appellate authority as may be prescribed by the appropriate Government and the appeal shall be disposed of electronically within thirty days of the filing of the appeal.

1. (1) The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement or contract of service whether made before or after the commencement of this Code: Provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this Code, the employee shall continue to get the former notwithstanding that he receives benefits in respect of other matters under this Code.
2. (2) Nothing contained in this Code shall be construed as precluding any employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Code.

1. (1) The appropriate Government may, in the event of the occurrence of an accident in an establishment which has caused or had the potentiality to cause serious danger to employees and other persons within, and in the vicinity of the workplace or whether immediate or delayed, or any occupational disease as specified in the Third Schedule, which has been or is suspected to have been contracted, in epidemic proportions, appoint one or more persons possessing legal or special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident and disease, fix responsibilities and suggest a plan of action for the future to prevent such accidents or diseases and submit the report to the appropriate Government.
2. (2) The appropriate Government may direct a Chief Inspector-cum-Facilitator or any other officer under the control of the Government concerned or appoint a committee to undertake a survey in such manner as may be prescribed by the appropriate Government on the situation relating to safety or health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace.
3. (3) The officer directed or committee appointed, under sub-section (1) or sub-section (2), to hold an inquiry, shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also so far as may be necessary for the purposes of the inquiry, exercise such powers of an Inspector-cum-Facilitator under this Code as may be necessary.
4. (4) The Central Government may make rules for regulating the procedure of inquiry and survey and other related matters under this section.

The 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.

The Central Government may give directions to a State Government for the implementation of the provisions of this Code.

1. (1) No person shall in respect of the establishment, disclose any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties.
2. (2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of the business or process or for the purposes of any legal proceeding (including adjudication or arbitration), pursuant to any of the relevant statutory provisions or of any criminal proceeding under this Code which may be taken, whether pursuant to any of the relevant statutory provisions or otherwise, or for the purposes of any report of any such proceedings.

No civil court shall have jurisdiction in respect of any matter to which any provision of this Code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Code.

1. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Code or any rule or regulation or bye-laws or order made there under.
2. (2) No prosecution or other legal proceeding shall 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 other person authorised by the Government or any Board or committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Code or any rule or regulation or bye-laws or order made or issued there under.

1. (1) The appropriate Government may, by notification and subject to such conditions and restrictions, if any, and for such period or periods as may be specified in the notification, direct that all or any of the provisions of this Code or the rules or the regulations made there under shall not apply to or in relation to any establishment or class of establishments.
2. (2) Without prejudice to the generality of sub-section (1), where the State Government is satisfied in the public 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 new factory or class or description of new factories from all or any of the provisions of this Code for such period from the date on which such commercial production starts, as may be specified in the notification: Provided that any notification issued by a State Government under the Factories Act, 1948 (63 of 1948) for the time being in force in the State prior to the commencement of this Code to achieve the same purpose as is specified in this sub-section, shall remain in force after such commencement for its remaining period as if the provisions of this Code, to the extent they defeat any purpose to be achieved by such notification issued by the State Government, were not in force. Explanation.--- For the purpose of this sub-section, the expression "new factory or class or description of new Factories" means such factory or class or description of Factories which are established and whose commercial production start within such period as may be specified in the notification.

In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions of this Code for such period and subject to such conditions as it may think fit: Provided that no such notification shall be made for a period exceeding one year at a time. Explanation.--- For the purposes of this section "public emergency" means a grave emergency whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.

The appropriate Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, training, research or information, from all or any of the provisions of this Code: Provided that no such exemption shall be granted from the provisions relating to hours of work and holidays unless the persons having the control of the institution submit, for the approval of the appropriate Government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates for the institution, and the appropriate Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Code.

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

The Central Government may, by notification, amend any Schedule by way of addition, alteration or omission therein and on any such notification being issued, the Schedule shall be deemed to be amended accordingly.

1. (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date on which this Code comes into force.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

1. (1) The appropriate Government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of this Code.
2. (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) income from the sources under Explanation to clause (x) of sub-section (1) of section 2;
   • (b) substance or quantity of substance under clause (zb) of sub-section (1) of section 2;
   • (c) the late fee under the proviso to sub-section (1) of section 3;
   • (d) the manner of submitting application under sub-section (2) of section 3 and the form of such application and the particulars to be contained therein and the fees to be accompanied therewith;
   • (e) the form and manner of sending the notice and the authority to whom the notice shall be sent and the manner of intimating the authority under sub-section (1) of section 5;
   • (f) annual health examination or test free of costs, age of employees or class of employees or establishment or class of establishments under clause (c) of sub-section (1) of section 6;
   • (g) the information to be included in the letter of appointment and the form of such letter under clause (f) of sub-section (1) of section 6;
   • (h) the nature of bodily injury and the manner of notice and the time within which the notice shall be sent and the authority to which notice shall be sent under sub-section (1) of section 10;
     • (i) nature of dangerous occurrence and the form of notice, the time within which and the authority to which notice shall be sent under section 11;
   • (j) the form of notice related to certain diseases and the time within which the notice shall be sent and the authority to which the notice shall be sent under sub-section (1) of section 12;
   • (k) the form and manner of the report and the time within which such report shall be sent to the office of the Chief Inspector-cum-Facilitator under sub-section (2) of section 12;
   • (l) manner of making report by employee under clause (d) and other duties of employees under clause (g) of section 13;
   • (m) manner of sending report of action taken under sub-section (3) of section 14;
   • (n) the manner of constituting a safety committee and the manner and the purpose for choosing the representative of the workers in the Safety Committee under sub-section (1) of section 22;
   • (o) the qualifications, duties and number of safety officers under sub-section (2) of section 22;
   • (p) conditions for exemption of workers from weekly and compensatory holidays under subsection (2) of section 26;
   • (q) the total number of overtime under second proviso to section 27;
   • (r) circumstances for exemption from restriction on double employment in factory and mine under section 30;
   • (s) the form of notice and manner of display of such notice and the manner in which such notice shall be sent to the Inspector-cum-Facilitator under sub-section (2) of section 31;
   • (t) the form of register and particulars of workers under clause (a) of section 33;
   • (u) the manner and form of displaying notices under clause (b) of section 33;
     • (v) return, manner of filing the return and periods of filing return to the Inspector-cum-Facilitator under clause (d) of section 33;
   • (w) the qualification and experience of Chief Inspector-cum-Facilitator under sub-section (5) of section 34;
     • (x) the manner of taking samples of any article or substance found in any premises and air of atmosphere under clause (x) of sub-section (1) of section 35;
   • (y) the other powers and duties under clause (xiv) of sub-section (1) of section 35;
   • (z) the specialised qualification and experience, duties and responsibilities of experts to be empanelled under section 37;
   • (za) the manner of providing alternative employment under sub-clause (d) of clause (A) of subsection (1) of section 38;
   • (zb) the qualification for the appointment of medical practitioner and other establishment under sub-section (1) of section 42;
   • (zc) other establishment engaged in the dangerous occupation or processes under clause (a) of sub-section (2) of section 42;
   • (zd) medical supervision and other establishment under clause (b) of sub-section (2) of section 42;
   • (ze) other establishment under clause (c) of sub-section (2) of section 42;
   • (zf) conditions relating to safety, holidays and working hours or any other condition to be observed by the employer under section 43;
   • (zg) the manner of requiring the employer to provide the adequate safeguards under section 44;
   • (zh) conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour under clause (a) of sub-section (3) of section 47;
   • (zi) the form and manner of application and the particulars which such application shall contain regarding the number of contract labour, nature of work for which contract labour is to be employed and other particulars including the information relating to the employment of inter-State migrant workers under sub-section (1) of section 48;
   • (zj) the procedure under sub-section (2) of section 48;
   • (zk) manner of applying for the renewal of licence and the manner of renewal of licence under subsection (3) of section 48;
   • (zl) responsibility of the contractor under sub-section (4) of section 48;
   • (zm) the manner of intimation of work order and time-limit for such intimation under subsection (1) of section 50;
   • (zn) the manner of suspending or cancelling the licence under sub-section (2) of section 50;
   • (zo) the period before which the wages shall be paid under sub-section (1) of section 55;
   • (zp) the mode of payment of wages under proviso to sub-section (2) of section 55;
   • (zq) the manner of payment of wages from security deposit under sub-section (4) of section 55;
   • (zr) the form of issuing experience certificate under section 56;
   • (zs) the form and manner of making application under clause (b) of sub-section (2) of section 57;
   • (zt) period of making report and the period of deciding the question under clause (c) of subsection (2) of section 57;
   • (zu) minimum service for entitlement, class of travel and other matters under section 61;
   • (zv) manner of providing facility of toll free helpline under section 63;
   • (zw) manner of providing for study on inter-State migrant workers under section 64;
   • (zx) authority to whom a copy of the agreement shall be forwarded by the producer under subsection (3) of section 66;
   • (zy) details under clause (vii) of sub-section (4) of section 66;
   • (zz) rules in respect of factory or class or description of factories under sub-section (1) of section 79;
   • (zza) mode of submission of application under sub-section (2) of section 79;
   • (zzb) common facilities and services for joint liability of owner of premises and occupiers of the factories under section 80;
   • (zzc) rules under section 82;
   • (zzd) purposes under sub-section (1) of section 83;
   • (zze) form of application under sub-section (2) of section 83;
   • (zzf) the appellate authority for appeal against the order of Inspector-cum-Facilitator of factory and the manner of appeal under section 90;
   • (zzg) rules under section 91;
   • (zzh) manner of holding enquiry under sub-section (1) of section 111;
   • (zzi) form and manner of preferring appeal and the fee to accompany such appeal under subsection (3) of section 111;
   • (zzj) manner of compounding under sub-section (1) of section 114;
   • (zzk) other sources of fund under sub-section (2) of section 115;
   • (zzl) the manner of administering and expending the Fund under sub-section (3) of section 115;
   • (zzm) the form of application, manner of filing the application and the fee to be accompanied therewith including the information relating to the employment of inter-State migrant workers under sub-section (2) of section 119;
   • (zzn) actions, manner of taking actions and inquiry under sub-section (3) of section 119;
   • (zzo) the form of appeal, the fee to be accompanied therewith and the appellate authority under subsection (6) of section 119;
   • (zzp) the manner of survey under sub-section (2) of section 121;
   • (zzq) any other matter which is required to be, or may be, prescribed under this Code.

1. (1) The Central Government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of this Code.
2. (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 subclause (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) procedure for nomination and discharge of functions of Members of National Board under sub-section (3) of section 16;
   • (h) the terms and conditions 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 otherwise and the documents to be produced 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 facilities for the employees under sub-section (1) of section 24;
   • (o) regarding matters specified in sub-section (2) of section 24;
   • (p) facility of creche under sub-section (3) of section 24;
   • (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 work for 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 maximum period of accumulating leave under clause (ii) of sub-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 subsection (3) of section 25;
   • (w) powers and duties of District Magistrate under section 36;
     • (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 under clause (b) of sub-section (1) of section 51;
   • (za) form of agreement under clause (a), and the name and other particulars under clause (b) of sub-section (2) of section 66;
   • (zb) the matter which may be saved and the qualifications of sole manager under sub-section (1) of section 67;
   • (zc) the conditions relating to number of 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 subsection (1) of section 68;
   • (ze) to declare the mines and part thereof for the purpose of applicability of the provisions of this Code under sub-section (2) of section 68;
   • (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 provide for medical examination of apprentice, other trainee or employee under subsection (3) of section 70;
   • (zh) to exempt certain persons or category of persons holding positions of supervision or management 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 persons employed in a mine under section 72;
   • (zj) medical authority under sub-section (2) of section 117;
   • (zk) rules under sub-section (4) of section 121;
   • (zl) the language of the bye-laws under sub-section (7) of section 139;
   • (zm) any other matter which is required to be, or may be prescribed.

1. (1) The State Government may, subject to the condition of previous publication and by notification, make rules for the carrying out the provisions of this Code
2. (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 constitution, procedure and other matters relating to State Advisory Board under subsection (2) of section 17
   • (b) the number of members and their qualifications under sub-section (3) of section 17
   • (c) the form of application and the payment of fees under sub-section (2) of section 74
   • (d) the manner of preparing the plan of the place or premises under sub-section (3) of section 74
   • (e) other matters under clause (e) of sub-section (4) of section 74
   • (f) fees under sub-section (6) of section 74
   • (g) period under the second proviso to sub-section (6) of section 74
   • (h) the time of filing appeal and fees under section 75
     • (i) the form of application by the employee and conditions under sub-section (1) of section 76
   • (j) form of maintaining the record of the work under sub-section (2) of section 76
   • (k) the manner of disclosing information by occupier of a factory under sub-section (1) of section 84
   • (l) the interval of informing Chief Inspector-cum-Facilitator and the local authority about the policy with respect to the health and safety of the workers under sub-section (2) of section 84
   • (m) the form and manner of informing Chief Inspector-cum-Facilitator under sub-section (5) of section 84
   • (n) the manner of publicising among the workers and the general public living in the vicinity of the factory the measures and disposal laid down under sub-section (7) of section 84
   • (o) the conditions for accessibility to the record by the workers under clause (a) of section 85
   • (p) the qualification and experience of persons handling hazardous substance and manner of providing necessary facilities for protecting the workers under clause (b) of section 85
   • (q) the manner of providing for medical examination of a worker under sub-clause (ii) of clause (c) of section 85
   • (r) the measures or standards under sub-section (1) of section 86
   • (s) the value of the maximum permissible limit of exposure of chemical and toxic substances in manufacturing process in any factory under section 88
   • (t) requiring every employer to make in his plantation provisions in respect of as specified in clauses (a) to (d) of sub-section (1) of section 92
   • (u) for prohibiting or, restricting employment of women or adolescents under sub-section (2) of section 93
     • (v) qualifications under sub-section (3) of section 93
   • (w) other matters under sub-section (4) of section 93
     • (x) manner of periodical medical examination of worker under sub-section (5) of section 93
   • (y) the manner of providing facilities, clothing and equipment under sub-section (7) of section 93
   • (z) precautionary notices under sub-section (9) of section 93
   • (za) any other matter which is required to be, or may be, prescribed
3. (3) The Central Government may, by notification and in consultation with the State Government, make rules for the purposes of bringing uniformity, throughout the country, in occupational safety, health or such other matters as it considers necessary in respect of factories

The Central Government may, by notification, make regulations consistent with this Code for all or any of the following purposes, namely:---

1. (a) for specifying the qualifications required for appointment as Inspector-cum-Facilitator;
2. (b) for specifying and regulating the duties and powers of the Chief Inspector-cum-Facilitator and of Inspector-cum-Facilitators in regard to the inspection of mines under this Code;
3. (c) for specifying the duties of owners, agents and managers of mines and of persons acting under them, and for specifying the qualifications (including age) of agents and managers of mines and of persons acting under them;
4. (d) for requiring facilities to be provided for enabling managers of mines and other persons acting under them to efficiently discharge their duties;
5. (e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency;
6. (f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates;
7. (g) for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mines to be under a manager not having the specified qualifications;
8. (h) for providing 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 Code and for the suspension or cancellation of any such certificate and for providing, wherever necessary, that the person appointed to hold an inquiry shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) , for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects;
   • (i) for regulating, subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884) , and of any rules made there under, the storage, conveyance and use of explosives;
9. (j) for prohibiting, restricting or regulating the employment of women in mines or in any class of mines or on particular kinds of labour which are attended by danger to the life, safety or health of such persons and for limiting the weight of any single load that may be carried by any such person;
10. (k) for providing for the safety of the persons employed in a mine, their means of entrance there into and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidences;
11. (l) for prohibiting the employment in a mine either as manager or in any other specified capacity of any person except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine;
12. (m) for providing for the safety of the roads and working places in mines, including the siting, maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine;
13. (n) for the inspection of workings and sealed off fire-areas in a mine, and for the restriction of workings in the vicinity of the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public road or building, and for requiring due precaution to be taken against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature collapse of, any workings;
14. (o) for providing for the ventilation of mines and the action to be taken in respect of dust, fire, and inflammable and noxious gases, including precautions against spontaneous combustion, underground fire and coal dust;
15. (p) for regulating, subject to the provisions of the Electricity Act, 2003 (36 of 2003) , and of any rules made there under, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines and of all other machinery and plant therein;
16. (q) "for regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground;
17. (r) for providing for proper lighting of mines and regulating the use of safety lamps therein and for the search of persons entering a mine in which safety lamps are in use;
18. (s) for providing against explosions or ignitions of inflammable gas or dust or irruptions of or accumulations of water in mines and against danger arising therefrom and for prohibiting, restricting or regulating the extraction of minerals in circumstances likely to result in the premature collapse of workings or to result in or to aggravate the collapse of workings or irruptions of water or ignitions in mines;
19. (t) for specifying type of accidents for the purposes of notice under section 10 and for specifying the notices of accidents and dangerous occurrences, and the notices, reports and returns of mineral output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines, and for specifying 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 time within which they are to be submitted;
20. (u) for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for specifying the plans and sections and field notes connected therewith to be kept by them and the manner and places in which such plans, sections and field notes are to be kept for purposes of record and for the submission of copies thereof to the Chief Inspector-cum-Facilitator, and for requiring the making of fresh surveys and plans by them, and in the event of non-compliance, for having the survey made and plans prepared through any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue;
    • (v) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about, mines; for dealing effectively with the situation;
21. (w) for specifying the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manager of a mine under section 5;
    • (x) for specifying the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within forty-five meters of any railway subject to the provisions of the Indian Railways Act, 1989 (24 of 1989) or of any public roads or other works as the case may be, which are maintained by the Government or any local authority;
22. (y) for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in the Government or any local authority or railway company as defined in the Indian Railways Act, 1989 (24 of 1989);
23. (z) for requiring protective works to be constructed by the owner, agent or manager of a mine before the mine is closed, and in the event of non-compliance, for getting such works executed by any other agency and for recovering the expenses thereof from such owner in the same manner as an arrear of land revenue;
24. (za) for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence, haulage, tramline or pathway, where such fencing is necessary for the protection of the public;
25. (zb) for specifying the number of officials to be appointed;
26. (zc) for specifying the qualifications of the officials to be appointed;
27. (zd) for specifying the qualifications and experience of the agents;
28. (ze) for specifying the period during which the agent shall be resident in India;
29. (zf) for specifying duties and responsibilities of suppliers, designers, importer and contractors for safety in mines;
30. (zg) for requiring the owners, agents and managers of mines to formulate, maintain and enforce safety management plan in their mines;
31. (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;
32. (zi) for providing for the safety in opencast mines and associated operations and machineries used therein;
33. (zj) for regulating the extraction of methane from working or abandoned coal mines or from virgin coal seam;
34. (zk) for specifying the forms of returns which shall be filed by the establishments or the class of establishments under this Code;
35. (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;
36. (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;
37. (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;
38. (zo) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed;
39. (zp) providing for the fire and explosion prevention and protection;
40. (zq) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places;
41. (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;
42. (zs) providing for the safety of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations;
43. (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;
44. (zu) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo;
45. (zv) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings;
46. (zw) providing for the construction, maintenance and use of staging;
47. (zx) providing for the rigging and use of ship's derricks;
48. (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;
49. (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;
50. (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;
51. (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;
52. (zzc) providing for the work in connection with cleaning, chipping, painting, operations and precautions to be taken in connection with such work;
53. (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;
54. (zze) providing for the transport of dock workers;
55. (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;
56. (zzg) providing for protective equipment or protective clothing;
57. (zzh) providing for the sanitary, washing and welfare facilities;
58. (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;
59. (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;
60. (zzk) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers; and
61. (zzl) any other matter which is required to be or may be specified by regulation.

The power to make rules, regulations, and bye-laws under this Code shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:---

1. (a) the date to be specified after a draft of rule, regulation, and bye-laws proposed to be made will be taken under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rule, regulation and bye-laws is published for general information;
2. (b) rule, regulation and bye-laws shall be published in the Official Gazette and on such publication, shall have effect as if enacted in this Code.

Notwithstanding anything contained in section 137, regulations under section 136 may be made without previous publication and without reference to the National Occupational Safety Health Advisory Board constituted under sub-section (1) of section 16, if the Central Government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger and to avoid delay it is necessary to dispense with from such publication and reference.

1. (1) The employer of a mine may, and shall, if called upon to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, frame and submit to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator a draft of such bye-laws, not being inconsistent with this Code or any rules or regulations or standards for the time being in force, governing the use of any particular machinery or the adoption of a particular method of working in the mine, as the employer may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.
2. (2) If any such employer---
   • (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or
   • (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator sufficient, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator may---
     • (i) propose a draft of such bye-laws as appear to him to be sufficient; or
     • (ii) propose such amendments in any draft submitted to him by the employer as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the employer for consideration.
3. (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-cum-Facilitator or Inspector-cum-Facilitator to the employer under the provisions of sub-section (2), the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the employer are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator shall refer the draft bye-laws for settlement to the technical committee constituted under sub-section (5) of section 16 in respect of mines.
4. (4) When such draft bye-laws have been agreed to by the employer and the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, or, when they are unable to agree, have been settled by the technical Committee constituted under sub-section (5) of section 16 in respect of mines, a copy of the draft bye-laws shall be sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to the Central Government for approval: Provided that the Central Government may make such modification of the draft bye-laws as it thinks fit: Provided further that 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 adapted for informing the persons affected, a notice of the proposal to 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 to the Central Government.
5. (5) Every objection under second proviso to sub-section (4) shall be in writing and shall state---
   • (i) the specific grounds of objections, and
   • (ii) the omissions, additions or modifications asked for.
6. (6) 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 such amendments thereto as it thinks fit.
7. (7) The employer shall cause a copy of the bye-laws, in English and in such other language or languages as may be prescribed by the Central Government, to be pasted up in some conspicuous place at or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as and when the same become defaced, obliterated or destroyed, shall cause them to be pasted again.
8. (8) The Central Government may, by order in writing rescind, in whole or in part, any bye-law so made, and thereupon such bye-law shall cease to have effect accordingly.

Notwithstanding any law for the time being in force, the Central Government may make rules to regulate general safety and health of the persons residing in whole or part of India, in the event of declaration of an epidemic, pandemic or disaster, for such period as may be notified by the Central Government.

Every rule, regulation, standard and bye-laws notified or made by the Central Government under this Code shall be laid, as soon as may be after it is notified or 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, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation, standard or bye-law or both Houses agree that the rule, regulation, standard or bye-law should not be made, the rule, regulation, standard 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 annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, standard or bye-law, as the case may be.

Every rule made by the State Government under this Code shall be laid, as soon as may be, after it is made, before the State Legislature.

1. (1) The following enactments shall stand repealed on and from the dates the notification referred to in sub-section (2) of section 1 is issued, namely:---
   • (a) The Factories Act, 1948 (63 of 1948);
   • (b) The Plantations Labour Act, 1951 (69 of 1951);
   • (c) The Mines Act, 1952 (35 of 1952);
   • (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
   • (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958);
   • (f) The Motor Transport Workers Act, 1961 (27 of 1961);
   • (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966);
   • (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
     • (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976);
   • (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979);
   • (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981);
   • (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986);
   • (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996).
2. (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under this Code.
3. (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 there under) shall be deemed to have been 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 repealed by the Central Government.
4. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments.