Section 41: Preservation of records

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

Statutory Mandate
Chapter VII: Maintenance of Registers, Records and Returns
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 41

Section 41 of the Occupational Safety, Health and Working Conditions Code, 2020 empowers authorized Special Officers and mining surveyors, acting under written orders from the Chief Inspector-cum-Facilitator, to enter, inspect, survey, level, or measure any mine or mine workings at any time to verify boundary pillars, strata stability, and ventilation safety.

  • Specialized Mining Survey Authority: Empowers specialized mining surveyors and engineers to enter surface and underground mine workings to conduct geodesic surveys, measure excavation depth, verify safety barrier pillars, and check subsidence risks.
  • Prior Notice Mandate & Emergency Exceptions: Requires the Special Officer to give reasonable prior notice to the mine manager before commencing surveys, except in emergency cases or imminent danger where unannounced entry is statutorily authorized.
  • Mandatory Mine Management Assistance: Mine owners and managers are statutorily required to provide surveying officers with winding engine access, underground guides, safety breathing apparatus, and certified copies of statutory mine plans.
Key Landmark Precedents:
  • Chief Inspector of Mines v. Lala Karam Chand Thapar AIR 1961 SC 838: Supreme Court affirmed that specialized statutory survey and technical measurement powers in mines are essential to prevent underground inundation, cave-ins, and catastrophic loss of life.
  • State of Madhya Pradesh v. Azad Bharat Finance Co. AIR 1967 SC 276: Supreme Court held that technical regulatory powers exercised in mining oversight must strictly follow statutory mandates to balance public safety with industrial property rights.
Courtroom Practice & Strategic Litigation Guidance:

Mine management must maintain updated underground surveyor plans, ventilation schematics, and barrier pillar calculations certified by a DGMS-certified surveyor. When a Section 41 order is served, assign the head mine surveyor to accompany the visiting officer, log all joint measurements, and retain a signed copy of the field survey book.