Compliances for Provisions Related to Managers, Employment in Mines under Gujarat Occupational Safety, Health and Working Conditions Rules, 2025

Background

The Gujarat Occupational Safety, Health and Working Conditions Rules have been framed by the State Government to operationalise the Occupational Safety, Health and Working Conditions Code, 2020 in alignment with the Central Rules issued under the Code. These Rules provide the state-level structure necessary to implement the objectives of the Central Code, which was enacted to consolidate multiple labour laws and create a uniform framework for ensuring safe, healthy and humane working conditions across establishments. By adopting the principles, standards and obligations prescribed under the Central Code and Central Rules, the Gujarat Rules lay down detailed procedures relating to registration of establishments, duties of employers and workers, safety management, inspections, reporting and enforcement within the state. They also designate competent state authorities and enforcement mechanisms to ensure effective compliance, thereby bridging the Central legislation with practical administration and regulation at the state level.

Applicability

These rules as per Chapter XI (Part IV) of the Code are applicable to:

  • Establishment being a mine, covered under Occupational Safety Health and Working Conditions Code, 2020

Compliance Requirements under the Rules in Accordance with the Code

  1. Qualification and appointment of manager in mines in Gujarat (Section 67, 68; Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 90, 91)

No mine shall be opened/reopened/worked unless it has a duly appointed manager & having qualifications as stated in Rule 90 of OSH & Working Conditions (Central) Rules, 2020. Owner/agent of every mine shall appoint manager & if he possesses required qualification, he can appoint himself as manager

    1. Manager shall be responsible for overall management/control/supervision direction of mine & all such instructions if given by owner/agent shall be confirmed in writing forthwith
    2. Except in case of emergency, owner/agent of mine or anyone on his behalf shall not give, otherwise than through manager, instructions affecting fulfilment of his statutory duties, to person employed in mine, who is responsible to manager
    3. Provision of this Code except Section 35,38,40,41,44 shall not apply to:
      a) Mines used solely for prospecting, not for obtaining minerals for use or sale, with conditions set by Central Govt regarding employees, excavation depth, etc
      b) Mines extracting certain materials like kankar, murrum, and ordinary sand, with conditions on workings and explosives as prescribed by Central Govt

provided it does not fall in exception stated in Rule 91. If such conditions are not met, provisions of Code not set out will become applicable and employer to intimate prescribed authority

  1. Exemption from employment provisions in case of mine in Gujarat (Section 69)

In emergency situations involving serious risk to mine safety, personnel safety, accidents, acts of God, or urgent machinery repairs, the mine manager may authorize employment in contravention of normal working hours and rest day regulations. This is subject to specific legal provisions.

The manager can take necessary actions, even if mineral production is incidentally affected, but such actions must not exceed what is necessary to avoid serious disruption of mine operations. Every instance of such action must be recorded and reported to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator.

  1. Employment of persons below eighteen years of age in mines in Gujarat (Section 70 (1))

No person below eighteen years of age shall be allowed to work in any mine or part thereof

  1. Employment of apprentices and other trainees in mines in Gujarat (Section 70 (2))

Apprentices and trainees aged 16 or above may work in a mine under supervision by the manager. However, for trainees other than apprentices, approval from the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator is required before they can work.

“Apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961.

  1. Initial and periodical medical examinations in mines in Gujarat (Section 70 (3); Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 92)

The owner, agent or manager of every mine shall make arrangements for –

(a) Initial medical examination of every person seeking employment in a mine.

(b) Periodical medical examination of every person employed in a mine annually.

    1. Examination can be conducted of a trainee, apprentice, employees
    2. The periodical medical examination or the X- Ray examination or both, shall be conducted at more frequent intervals if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease
  1. Notice of initial medical examination in mines (Section 70 (3); Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 94 (1))

For initial medical exams, the owner, agent, or manager must give at least seven days’ written notice to the person being examined, using a form specified by the Chief Inspector-cum-Facilitator. A copy of the notice must also be sent to the examining authority.

  1. Notice of periodic medical examination in mines (Section 70 (3); Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 94 (2))

For periodic medical exams, the manager must give at least twenty days’ written notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. and send a copy, along with previous medical certificates, to the examining authority.

  1. Second Notice of medical examination in mines (Section 70 (3); Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 94 (3))

A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager and a copy of every such notice shall be sent by the manager to the examining authority

  1. Retention and transfer of medical certificates by manager in a mine in Gujarat (Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 97)

The manager must keep all medical certificates and examination records, including occupational dust exposure profiles, for each employee while they are employed and for five years after. If requested by the manager of another mine where the person is to be employed, these records must be sent.

  1. Medical Examination of women in Gujarat (Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 99)

A woman employee shall preferably be examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall be medically examined by a male qualified medical practitioner only in the presence of another woman

  1. Unfit persons not to be employed in Gujarat (Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 103)

If a person files an appeal against being declared unfit for mine work, but the Appellate Medical Board also finds them unfit after re-examination, they must stop working in the specified areas within thirty days from the re-examination date. However, if the initial medical examiner or the Appellate Medical Board believes the person’s disability won’t seriously affect their job performance, they may recommend that the person continue working for up to six months. During this period, the individual can seek treatment and undergo another medical examination to be declared fit for work.

 

  1. Cost of medical examination borne by owner of mine in Gujarat (Occupational Safety, Health and Working Conditions (Central) Rules, 2020 – Rule 104)

The mine owner must cover the full cost of all medical examinations unless the person is declared unfit for mine employment after re-examination by the Appellate Medical Board.

Penalty & Punishment

  • Failure 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 one lakh rupees, or with both
  • General Penalty u/s 94: For contravention, 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 if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues.
  • Contravention of any provision under this section shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to one lakh rupees
  • A person who without reasonable cause, fails to submit himself for medical examination in accordance with the notice issued to him shall be liable to be discharged from service;
  • U/s 103: Failure to comply with any duties under Code/Rules/Regulations/Bye laws made thereunder and non-compliance resulted in an accident/dangerous occurence causing :
    I) death – a person shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both
    ii) serious bodily injury, a person shall be punishable with imprisonment for a term which may extend to one year, or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both

iii) Subsequent conviction will be punishable with double the punishment provided for first conviction

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