4. The Code seeks to achieve the aforesaid objectives.
NEW DELHI;
SANTOSH KUMAR GANGWAR.
The 16th July, 2019.
77
Notes on clauses
Clause 1 of the Bill relates to short title, extent, commencement and application of the
Occupational Safety, Health and Working Conditions Code.
Clause 2 of the Code relates to the definition of certain expressions used in the
proposed Code.
Clause 3 of the Code relates to the procedure for the registration of certain
establishments.
Clause 4 of the Code relates to the provision of appeal against the order of the
registering officer under clause 3.
Clause 5 of the Code relates to the notice by employer for the commencement and
cessation of the operation of any industry, trade, business, manufacture or occupation in
the concern establishment.
Clause 6 of the Code relates to the duties of employer.
Clause 7 of the Code relates to the duties and responsibilities of owner, agent and
manager in relation to mine.
Clause 8 of the Code relates to the duties of manufacturers, designer, importers or
suppliers.
Clause 9 of the Code relates to the duties of architects, project engineers and designers
in respect of building or other construction work, project or part thereof.
Clause 10 of the Code relates to the notice of certain accidents at any place in an
establishment by the employer or owner or agent or manager.
Clause 11 of the Code relates to the notice of certain dangerous occurrences by the
employer to the authorities determined by the appropriate Government by rules.
Clause 12 of the Code relates to the notice of certain diseases specified in the third
schedule to the Code.
Clause 13 of the Code relates to the duties of the employees at workplace.
Clause 14 of the Code relates to the rights of employee to obtain the information from
the employer.
Clause 15 of the Code relates to the duty not to interfere with or misuse things which
is provided in the interest of health, safety or welfare.
Clause 16 of the Code relates to the constitution of National Occupational Safety and
Health Advisory Board and the constitution of technical committees or advisory committees
to assist the National Board.
Clause 17 of the Code relates to the constitution of State Occupational Safety and
Health Advisory Board and the committee to assist the Board.
Clause 18 of the Code empowers the Central Government to declare standards on
occupational safety and health for work places.
Clause 19 of the Code relates to the research related activities in the area of
occupational safety and health so as to conduct research, experiments and demonstrations.
Clause 20 of the Code relates to the safety and occupational health surveys by the
Director General of Factory Advice Service, Director General of Mines Safety, Director
General of Health Service and other officers authorised by the appropriate Government.
78
Clause 21 of the Code relates to the statistics.
Clause 22 of the Code relates to the constitution of Safety Committee and appointment
of safety officers.
Clause 23 of the Code relates to the responsibility of employer for maintaining health
and working conditions.
Clause 24 of the Code relates to impose responsibility on the employer to provide
and maintain the welfare facilities.
Clause 25 of the Code relates to the weekly and daily working hours, leave, etc.
Clause 26 of the Code relates to the weekly and compensatory holidays to the workers.
Clause 27 of the Code relates to the extra wages for overtime.
Clause 28 of the Code relates to the provisions regarding night shifts.
Clause 29 of the Code relates to the prohibition of overlapping shifts and arrangement
of the system of shifts.
Clause 30 of the Code relates to the restriction on double employment in factory and
mine.
Clause 31 of the Code relates to the notice of periods of work.
Clause 32 of the Code relates to the provision of annual leave with wages in an
establishment.
Clause 33 of the Code relates to maintenance of registers and records and filing of
returns by the employer electronically or otherwise in accordance with the rules made by
the appropriate Government.
Clause 34 of the Code relates to the appointment of Inspector-cum-Facilitators and
Chief Inspector-cum-Facilitator.
Clause 35 of the Code relates to the powers of Inspector-cum-Facilitators which
includes power to enter to work place, examine the premises, etc., inquire into any accident
or dangerous occurrence, etc., with necessary details in this regard.
Clause 36 of the Code relates to the powers and duties of District Magistrate in
respect of mines.
Clause 37 of the Code relates to the third party audit and certification by the empanel
experts.
Clause 38 of the Code relates to the special powers of Inspector-cum-Facilitator in
respect of factory, mines and dock work and building and other construction work.
Clause 39 of the Code relates to the secrecy of information by Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator, etc.
Clause 40 of the Code relates to the facilities to be afforded to the Inspector-cum-
Facilitator. Such facilities shall be provided by the employer of the establishment.
Clause 41 of the Code relates to the powers of Special Officer to enter, measure, etc.,
in relation to mine.
Clause 42 of the Code relates to the appointment of the medical officer.
Clause 43 of the Code relates to the employment of women in night subject to the
conditions to safety, holidays and working hours with the consent of such women before
6 a.m. and beyond 7 p.m.
Clause 44 of the Code relates to the prohibition of employment of women in dangerous
operation.
79
Clause 45 of the Code relates to the details of the applicability of part I of chapter XI
of the proposed Code.
Clause 46 of the Code relates to the appointment of licensing officers who shall be
the Gazetted Officers of the appropriate Government for the purpose of part I, chapter XI of
the proposed Code.
Clause 47 of the Code relates to the licensing of contractors.
Clause 48 of the Code relates to the grant of license.
Clause 49 of the Code relates to the provisions that the contractor shall not charge
directly or indirectly, in whole or in part, any fee or commission from the contract labour.
Clause 50 of the Code relates to the information regarding work order to be given to
the appropriate Government.
Clause 51 of the Code relates to revocation, suspension and amendment of licence.
Clause 52 of the Code relates to the provisions of the appeal.  Such appeal shall be
made by the aggrieved person against the order made in respect of licensing of contractor,
grant of licence and revocation, suspension and amendment of licence.
Clause 53 of the Code relates to the liability of principal employer for welfare facilities
relating to providing of canteens, rest rooms, drinking water and first aid.
Clause 54 of the Code relates to the effect of employing contract labour from a non-
licenced contractor.  In case of employment of contract labour through such contractor
shall be deemed to be employed by the principal employer.
Clause 55 of the Code relates to the responsibility for payment of wages.
Clause 56 of the Code relates to the experience certificate to be given by the concerned
contractor or principal employer of the establishment concerned to the contract labour
annually or as and when demanded giving details therein of the work performed by the
contract labour.
Clause 57 of the Code relates to the prohibition of employment of contract labour.
The appropriate Government is empowered under this clause to impose restriction in respect
of the employment, after consultation with the National Board or a State Advisory Board.
Clause 58 of the Code relates to the power to exempt in special cases.  Such exemption
relating to provisions of the proposed Code or the rules made thereunder shall be made by
the appropriate Government, in the case of an emergency as specified in the clause.
Clause 59 of the Code relates to the facilities to inter-State Migrant workers.  Such
facilities shall be provided by the employer of an establishment employing inter-State
Migrant worker for the purposes as specified in the clause.
Clause 60 of the Code relates to displacement allowance.  Such allowance shall be
paid by the contractor to the inter-State Migrant worker at the time of recruitment which
shall be equal to fifty per cent. of the monthly wages payable to the workers, and so paid
amount shall not be refundable and shall be in addition to the wages or other amount
payable to the worker.
Clause 61 of the Code relates to the journey allowance, etc.  Such journey allowance
shall be confined from the place of residence of the inter-State Migrant workers in his State
to the place of work in the other State and vice versa and shall be payable by the contractor.
Clause 62 of the Code relates to the past liabilities.  On the completion of the period
of employment of the inter-State migrant worker, the past liabilities deemed to have been
extinguished and shall not be recoverable by the principal employer or the contractor.
Clause 63 of the Code relates to the prohibition of employment of audio-visual worker
without agreement.  Such agreement shall be in writing and between the audio-visual
80
worker and the producer of audio-visual programme or between producers of the audio-
visual programme with the contractor and shall be registered with the competent authority.
Clause 64 of the Code relates to the managers in mine.  Subject to the rules made in
this behalf, every mine shall be under the sole manager. The clause also provides the
responsibility of a manager.
Clause 65 of the Code relates to non-applicability of the Code in certain cases such
as excavation in mine being made for prospecting purposes only and not for the purpose of
obtaining minerals for use or sale subject to the conditions specified in the clause and in
case the mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle,
ordinary sand, etc., as specified in the Code.
Clause 66 of the Code relates to the exemption from provision of the Code regarding
employment.  Such exemptions or in case of emergency involving serious risk to the safety
of the mine or of persons employed therein, or in case of an accident, or in case of any act
of God or in case of any urgent work to be done to machinery, plant or equipment of the
mine as a result of breakdown of such machinery plant or equipment.
Clause 67 of the Code relates to the employment of persons below eighteen years of
age.  It provides that no person below eighteen years of age shall be allowed to work in any
mine or part thereof but in case of apprentices and other trainees, such age limit is not
below sixteen years.
Clause 68 of the Code relates to decision of question whether any excavation or
working or premises in or adjacent to and belonging to a mine on which any process
ancillary to the getting, dressing or preparation for sale of minerals or of coke is being
carried on in a mine shall be decided by the Secretary to the Government of India and a
certificate given by him in this behalf shall be conclusive.
Clause 69 of the Code relates to provide licence to industrial premises and person.
Without licence no employer shall use or allow to use any place or premises.
Clause 70 of the Code relates to appeals.  A person aggrieved by the decision of the
competent authority refusing to grant or renew a licence or cancelling or suspending a
licence may, within the prescribed time and with prescribed fee, appeal to such authority
notified by the State Government.
Clause 71 of the Code relates to permission to work by employees outside industrial
premises.  Such permission shall be granted by the State Government and the employer
shall maintain the record of the work permitted to be carried on outside the industrial
premises.
Clause 72 of the Code relates to non-applicability of part IV relating to beedi and
cigar workers.
Clause 73 of the Code relates to prohibition of employment of certain persons in
certain building or other construction work.  The employer shall not allow the person who
is deaf, of defective vision or has a tendency to giddiness to work in any operation of
building or other construction work as specified in the clause.
Clause 74 of the Code relates to approval and licensing of factories.  The registration
and licensing shall be made in accordance with the rules framed by the appropriate
Government.
Clause 75 of the Code relates to liability of owner of premises in certain circumstances.
The owner of the premises and occupier of the factories utilising common facilities shall
jointly and severally be responsible for provision and maintenance of the common facilities
and services as specified in the clause.
Clause 76 of the Code relates to power to apply the proposed code certain premises.
The provision of part VI of the proposed code shall apply to any place wherein manufacturing
81
process is carried on with or without the aid of power irrespective of the number of workers
working in the factory by the appropriate government by notification.
Clause 77 of the Code relates to dangerous operation.  In this respect, the appropriate
government may make the rule relating to any factory or class or description of factories in
which manufacturing process is carried on in which exposes any of the persons employed
in it to a serious risk of bodily injury, poisoning or disease as specified in the clause.
Clause 78 of the Code relates to constitution of Site Appraisal Committee.  The Site
Appraisal Committee constituted under this clause shall make its recommendation within a
period of ninety days of the receipt of the application for grant of permission for the initial
location of a factory involving a hazardous process or for the expansion of such factory,
etc.
Clause 79 of the Code relates to compulsory disclosure of information by the occupier.
The disclosure shall be in the manner provided by the State Government in the rules and as
specified in the clause.
Clause 80 of the Code relates to the specific responsibility of the occupier in relation
to hazardous process.  Such responsibility of the occupier of a factory involving hazardous
process relates to maintaining accurate and up-to-date health records.
Clause 81 of the Code relates to National Board to inquire into certain situations
specified in the clause.  In such situation, the Central Government may direct the National
Board to inquire into the standards of health and safety observed in the factory with a view
to finding out the causes of the failure or neglect in the adoption of any measures or
standards as per rules.
Clause 82 of the Code relates to emergency standards.  The Central Government may
direct the Directorate General Occupational Safety and Health formerly known as Directorate
General of Factory Advice Service and Labour Institutes or any Institution authorised in
matters relating to standards of safety in hazardous processes, to lay down emergency
standards for enforcement of suitable standards in respect of the hazardous processes.
Clause 83 of the Code relates to permissible limits of exposure of chemicals and toxic
substances.  The maximum permissible limits in any factory shall be of the value as may be
in the rules by the State Government.
Clause 84 of the Code relates to right of workers to warn about imminent danger.  In
the case of reasonable apprehension of imminent danger, the workers may bring the same
in the notice of the occupier, agent, manager, or any other person who is incharge of the
factory or the person concerned directly or through their representatives in the Safety
Committee and simultaneously bring the same to the notice of the Inspector-cum-Facilitator.
Clause 85 of the Code relates to appeal against the order of Inspector-cum-Facilitator
in case of factory.  The details regarding appeal shall be provided by the State Government
in the rules.
Clause 86 of the Code relates to the power to make exempting rules and order.  This
clause provides for defining by rules made by the appropriate government defining the
persons who hold positions of supervision or management or employed in a confidential
position in a factory.
Clause 87 of the Code relates to the general penalty for offences.  Such offences are
those offences which are not expressly provided under the other provisions of the proposed
Code.
Clause 88 of the Code relates to the punishment for causing obstruction to Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator etc.
Clause 89 of the Code relates to penalty for non-maintenance of register, records and
non-filing of returns, etc.
82
Clause 90 of the Code relates to punishment for contravention of provisions of the
proposed code or any rules, regulation, or bye-laws, etc. It also provides enhanced
punishment in case of repetition of such offences after conviction.
Clause 91 of the Code relates to punishment for falsification of records, etc.
Clause 92 of the Code relates to penalty for omission to furnish plans, etc., without
reasonable excuse and the burden of proof lies on the person making the omission.
Clause 93 of the Code relates to punishment for disclosure of information.  The
details regarding the information have been specified in the clause.
Clause 94 of the Code relates to penalty for wrongfully disclosing results of analysis.
The details of the disclosure have been specified in the clause.
Clause 95 of the Code relates to penalty for contravention of the provisions of duties
relating to hazardous processes as specified in the clause.
Clause 96 of the Code relates to penalty for contravention of the provisions of duties
relating to safety provisions resulting in an accident.
Clause 97 of the Code relates to punishment for working in contravention of any
general or special order issued under the provisions of clause 38.
Clause 98 of the Code relates to punishment for failure to appoint manager in
contravention of the provision of the clause 64.
Clause 99 of the Code relates to offences by employees.
Clause 100 of the Code relates to prosecution of owner, agent or manager of a mine as
specified in the clause.
Clause 101 of the Code relates to exemption of owner, agent or manager of a mine or
occupier of a factory from liability in certain cases.  Such cases are that the owner, agent or
manager or occupier proves to the satisfaction of the court that he has exercise due diligence
to enforce execution of the proposed court or that the other person committed the offence
in question without his knowledge, consent or connivance.
Clause 102 of the Code relates to offences by companies, etc., under the circumstances
specified in the clause every person who, at the time the offence was committed, was in
charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly.
Clause 103 of the Code relates to limitation of prosecution and cognizance of offence
under the proposed Code.
Clause 104 of the Code relates to power of officers of appropriate Government to
impose penalty in certain cases.  Such cases are offences under the proposed Code in
which only fine is the penalty.
Clause 105 of the Code relates to jurisdiction of a court for entertaining proceedings,
etc., for offence.  The jurisdiction of the court shall be the place where the establishment is
for the time being situated.
Clause 106 of the Code relates to the power of court to make order.  Such order relates
to the awarding punishment requiring the offender within a period specified in the order.
Clause 107 of the Code relates to compounding of offences.  Under the provision, the
offences in which only fine is punishment, are compoundable.
Clause 108 of the Code relates to delegation of powers.  In delegation, the conditions
subject to which the delegation would be made, may be specified.
83
Clause 109 of the Code relates to onus as to age.  The burden of onus is on the
accused to prove that such person is not under such age.
Clause 110 of the Code relates to onus of proving limits of what is practicable, etc.
This relates to the failure to comply with the duty 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.
Clause 111 of the Code relates to common licence for contractor, factories and to
industrial premises and person.
Clause 112 of the Code relates to effect of law and agreements inconsistent with the
proposed Code.
Clause 113 of the Code relates to power of the appropriate Government to direct
inquiry in certain cases.  Such cases relate to 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.
Clause 114 of the Code relates to publication of reports.  Such reports are the reports,
submitted to the appropriate Government by the National Board or State Advisory Board or
any extracts from any report submitted to it under the proposed Code.
Clause 115 of the Code relates to powers of Central Government to give directions to
State Government for the implementation of the provisions of the proposed Code.
Clause 116 of the Code relates to general restriction on disclosure of information.
Clause 117 of the Code relates to barring of the jurisdiction of civil courts in respect
of the matters to which any provision of the proposed 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 the proposed Code.
Clause 118 of the Code relates to protection to the person from legal proceeding if
action is taken in good faith in pursuance of the proposed Code.
Clause 119 of the Code relates to power to exempt in special cases as specified in the
clause.
Clause 120 of the Code relates to power to exempt during public emergency.
Clause 121 of the Code relates to power to exempt public institution.  Such institution,
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 the proposed Code.
Clause 122 of the Code relates to persons required to give notice, etc., legally, bound
to do so within the meaning of section 176 of the Indian Penal Code.
Clause 123 of the Code relates to power of Central Government to amend the Schedule
by way of addition, alteration or omission therein.
Clause 124 of the Code relates to power of Central Government to remove difficulties
by the order published in the Official Gazette.
Clause 125 of the Code relates to power of appropriate Government to make rules
subject to condition of previous publication and by notification, for carrying out the
purposes of the proposed Code.
Clause 126 of the Code relates to power of the Central Government to make rules
subject to condition of previous publication and by notification, for carrying out the
purposes of the proposed Code.
84
Clause 127 of the Code relates to power of the State Government to make rules
subject to condition of previous publication and by notification, for carrying out the
purposes of the proposed Code.
Clause 128 of the Code relates to power of Central Government to make regulations
in relation to mines and dock work by notification in the Official Gazette which shall be
consistent with the proposed Code.
Clause 129 of the Code relates to prior publication of rules, etc.  The power to make
rules, regulations, and bye-laws under the proposed Code shall be subject to the condition
of the previous publication.
Clause 130 of the Code relates to power to make regulation without previous
publication.  The matters in which regulations shall be made are specified in the clause.
Clause 131 of the Code relates to frame bye-laws.  The employer of a mine is
empowered to made bye-laws as specified in the clause.
Clause 132 of the Code relates to laying of regulations, rules and bye-laws, etc.,
before Parliament.
Clause 133 of the Code relates to laying of rules made by State Government before
the State Legislature.
Clause 134 of the Code relates to repeal and savings.  The enactments which are
being repealed are enumerated in the clause.  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 the
proposed Code, shall be deemed to have been appointed under the proposed Code for
such purposes under the proposed Code.  Certain actions under the repealed enactments
have also been saved.
85
FINANCIAL  MEMORANDUM
The provisions of the Occupational Safety, Health and Working Conditions
Code, 2019 does not involve any expenditure, either recurring or non-recurring, from the
Consolidated Fund of India.
86
MEMORANDUM  REGARDING  DELEGATED  LEGISLATION
Clause 125 of the Code seeks to empower the appropriate Government, by notification
and subject to condition of previous publication, to make rules for carrying out the
provisions of this Code. In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for—(a) income from the sources under Explanation to
clause (x) of sub-section (1) of section 2; (b) to prescribe the substance as hazardous
substance under clause (za) of sub-section (1) of section 2; (c) the late fee under the
proviso to sub-section (1) of section 3; (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) test free of cost to such employees of such age or
such class of establishments under clause (c) of sub-section (1) of section 6; (g) the
information to be included in the letter of appointment under clause (f) sub-section (1) of
section 6; (h) the nature of bodily injury and the form of notice and the time within which
the 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 given under section 11; (j) the form of notice related to certain diseases and the
time within which the notice shall be sent to the authority under sub-section (1) of
section 12; (m) the manner of constituting a safety committee and the manner and the
purpose for choosing the representative of the employer and the workers in the Safety
Committee under sub-section (1) of section 22; (o) condition for exemption of workers from
weekly and compensatory holidays under sub-section (2) of section 26; (q) the form and
manner of display of such notice and the manner in which such notice is sent to the
Inspector-cum-Facilitator under sub-section (2) of section 31; (t) the manner of filing return
to the Inspector-cum-Facilitator under clause (d) of section 33; (u) the manner of conducting
inspection including web based inspection under sub-section (2) of section 34; (v) the
qualification and experience of Chief Inspector-cum-Facilitator under sub-section (3) of
section 34; (y) the qualification, experience, duties and responsibilities of experts to be
empanelled under section 37; (za) the qualification for the appointment of medical practitioner
and other establishment under sub-section (1) of section 42; (zd) examination and
certification of adolescent for his fitness for employment and any other establishment
under clause (I) of sub-section (2) of section 42; (zf) 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.
Clause 126 of the Code seeks to empower the Central Government, by notification
and subject to condition of previous publication, to make rules for carrying out the
provisions of this Code. In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for—(a) the authority under sub-clause (iii) of clause (zo)
of sub-section (1) of section 2; (b) to define the occupier in case of owner of dock under
proviso of clause (zo) of sub-section (1) of section 2; (c) form of certificate of registration,
the time within which and the conditions subject to which such certificates shall be issued
under sub-section (3) of section 3; (d) other particulars and form under sub-section (4) of
section 3; (e) the manner of informing closing of establishment and certifying payment to
the registering officer; (f) procedure for constitution of the National Board and the officers
and staff thereof and the number of members, qualifications and terms and conditions of
service, members of technical committees or advisory committees and their qualifications;
(i) health and working conditions under sub-section (1) of section 23; (j) welfare facilities
for the workers under sub-section (1) of section 24; (m) the hours of work for working
journalist under sub-section (3) of section 25; (n) other kinds of leave under clause (i) of
sub-section (4) of section 25; (o) the maximum period of accumulating leave under
clause (ii) sub-section (4) of section 25; (q) conditions and restrictions for entitlement of
cash compensation under clause (iv) of sub-section (4) of section 25; (r) powers and duties
87
of District Magistrate under section 36; (u) the form and manner for issuing a licence and
such other particulars under sub-section (1) of section 48; (w) application for renewal of the
licence and procedure of renewal of licence by the licensing officer under sub-section (3) of
section 48; (y) authority to whom the information relating to audio-visual programme by the
producer under sub-section (3) of section 63; (z) the matter which may be save and the
qualifications of sole manager under sub-section (1) of section 64.
Clause 127 of the Code seeks to empower the State Government, by notification and
subject to condition of previous publication, to make rules for carrying out the provisions
of this Code. In particular, and without prejudice to the generality of the foregoing powers,
such rules may provide for—(a) the constitution, procedure and other matters relating to
State Advisory Board under sub-section (2) of section 17; (d) the manner of preparing the
plan of the place of premises under sub-section (3) of section 69; (g) the time of filing
appeal, fees and the appellate authority under section 70; (j) rules for manner and approval,
licensing of factories under sub-section (1) of section 74; (m) form of application for
establishment of factory involving hazardous process under sub-section (1) of section 78;
(n) the manner of disclosing information by occupier of a factory under sub-section (1) of
section 79; (r) maintain health and medical records of the workers and the conditions for
accessibility by workers engaged in hazardous process under clause (a) of section 80; (u)
the maximum permissible limit of exposure of chemical and toxic substances in manufacturing
process in any factory under section 83; (v) rules relating to the persons who hold position
of supervision or management or employed in confidential position in a factory under
sub-section (1) of section 86.
Clause 128 of the Code seeks to empower the Central Government, by notification and
subject to condition of previous publication, to make regulations in relation to Mines and
dock work. In particular, and without prejudice to the generality of the foregoing powers,
such regulations may provide for—(a) for prescribing the qualifications required for
appointment as Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; (c) for
prescribing the duties of owners, agents and managers of mines and of persons acting
under them, and for prescribing the qualifications (including age) of agents and managers
of mines and of persons acting under them; (f) for fixing the fees, if any, to be paid in respect
of such examinations and of the grant and renewal of such certificates; (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 prescribed qualifications; (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,
for the purpose of enforcing the attendance of witnesses and compelling the production of
documents and material objects; (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; (u) for
requiring owners, agents and managers of mines to have fixed boundaries for the mines, for
prescribing the plans and sections and field notes connected there with 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; (zi) for providing for the safety in opencast mines and associated operations
and machineries used therein; (zk) for specifying the forms of returns which shall be filed by
the establishments or the class of establishments under this Code; (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; (zzb)
88
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; (zzk)
providing for the submission of statement of accidents, man-days lost, volume of cargo
handled and particulars of dock workers.