Section 75: Special provisions for 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 X: Special Provisions for Factories, Mines & Plantations
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Code introduces Chapter XI Part IV, enacting specialized provisions for mines, preserving and modernizing the stringent safety, ventilation, and emergency rescue standards established under the legacy Mines Act, 1952.

  • Specialized Mine Safety Governance: Applies specialized safety standards to all mines (coal, metalliferous, and oil fields) irrespective of workforce size, reflecting the extreme geotechnical and environmental hazards of mining.
  • Rigorous Subterranean & Open-Cast Standards: Governs mine ventilation, strata control, support systems, explosive handling, dust suppression, and winding apparatus in underground and open-cast excavations.
  • Strict Statutory Accountability of Mine Owners & Managers: Maintains undivided statutory accountability of mine owners, agents, and certified mine managers for fatal accidents and subterranean failures.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court held that mine safety regulations are matters of public safety and must be interpreted strictly against owners seeking to minimize operational costs.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Reaffirmed the principle that ultimate controllers of mining enterprises cannot insulate themselves from statutory liabilities through corporate structures.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Apex Court emphasized that mining workers exposed to silica and coal dust are entitled to strict preventative dust suppression and medical tracking under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

Mining companies must maintain certified manager logbooks, weekly statutory air quantity measurements, and strata control monitoring records updated on a shift-by-shift basis to comply with Directorate General of Mines Safety (DGMS) inspection standards.