Section 130: Power to make regulations in respect of mines

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 130

Section 130 of the Code confers specialized power on the Central Government to make regulations in respect of mines, preserving technical regulatory competence over subterranean and open-cast mining operations.

  • Specialized Mine Regulation Authority: Empowers the Central Government to enact comprehensive technical regulations covering mine surveying, strata support, explosive handling, shaft sinking, and ventilation.
  • Mandatory Consultation with Mining Safety Experts: Requires prior consultation with the National OSH Advisory Board and mining engineering specialists before notifying technical mining regulations.
  • Continuity of High-Standard Mining Norms: Maintains the legacy of Coal Mines Regulations (CMR) and Metalliferous Mines Regulations (MMR) within the unified Code framework.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court affirmed that mining regulations carry the full force of statute and must be strictly enforced to prevent subterranean disasters.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that technical mining regulations governing airborne dust suppression are non-derogable constitutional mandates under Article 21.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Reaffirmed that specialized industrial regulations supersede general commercial practices.
Courtroom Practice & Strategic Litigation Guidance:

Ensure mining engineers and mine managers hold active, unencumbered competency certificates mandated by Section 130 regulations, retaining proof of annual DGMS refresher training for regulatory verification.