Chapter
XII — Offences and penalty
Rule 178 — Onus as to age
Rule-by-rule operational analysis with Code, Form, evidence, authority and State-jurisdiction controls.
Rule identity
Part/sector
General
Control family
Enforcement, adjudication and remedy
Linked Code sections
Section 94, Section 95, Section 96, Section 97, Section 98, Section 99, Section 100, Section 101, Section 102, Section 103, Section 104, Section 105
Forms
No direct Annexure VII form identified
Source review
2026-07-17
Rule-level operational analysis
The exact Gazette wording controls. The following map converts Rule 178 into an implementation sequence and highlights the records needed to demonstrate compliance.
- Requirement 1. Identify the exact contravention, responsible legal person, continuing-offence period and consequence.
- Requirement 2. Preserve evidence and immediately stop continuing risk without fabricating retrospective records.
- Requirement 3. Check show-cause, inquiry, adjudication, prosecution, appeal and limitation routes separately.
- Requirement 4. Use compounding only for eligible offences and comply with the authorised officer’s form and payment requirements.
- Requirement 5. Document director/manager responsibility, due diligence and corrective action.
Sub-rule review protocol
Who acts
Identify the employer, occupier, manager, contractor, worker, medical officer, Inspector-cum-Facilitator or other authority named in each sub-rule.
When
Record the triggering event and calculate every hour/day/month period from documentary evidence.
How
Use the portal, prescribed Form, written notice, examination, committee or technical control stated in the Rule.
Exception/proviso
Do not generalise an exception. Record why its facts and jurisdiction are satisfied.
Decision evidence
Keep the maker, reviewer, competent authority, date, acknowledgement and corrected version.
Later instrument
Check general/special orders, authority notifications, standards and State rules before reliance.
Code and Form concordance
Code section 94General penalty for offencesCode section 95Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.Code section 96Penalty for non-maintenance of register, records and non-filing of returns, etc.Code section 97Punishment for contravention of certain provisionsCode section 98Punishment for falsification of records, etc.Code section 99Penalty for omission to furnish plans, etc.Code section 100Punishment for disclosure of informationCode section 101Punishment for wrongfully disclosing results of analysisCode section 102Punishment for contravention of provisions of duties relating to hazardous processesCode section 103Punishment for contravention of provisions of duties relating to safety provisions resulting in an accidentCode section 104Special provision for contravention of order under section 38Code section 105Failure to appoint manager in mine
Evidence and audit file
- inspection/order and service proof
- contravention evidence
- responsibility matrix
- show-cause response
- remediation record
- appeal/compounding/prosecution file
Failure consequence and cure
A safety event may engage multiple offences; payment or compounding of one item may not extinguish other liabilities.
Where the Rule uses a portal, form or notified authority, a locally created substitute is not automatically equivalent. Cure should preserve the original due date and explain any late correction.
Worked implementation scenario
A covered establishment converts “Onus as to age” into a control with a named owner, trigger, deadline, prescribed evidence, reviewer and escalation path. A sample transaction is tested before the policy is treated as operational.
Rule-specific QA questions
Has the exact Gazette text been checked?
Yes for source structure and title; users must still read the complete Rule and sub-rules before applying it to facts.
Is this a State-rule page?
No. It covers the 2026 Central Rules. State-specific implementation belongs in a separately sourced State overlay.
Can another existing Finin2min article own this rule?
No. This URL is the canonical legal repository for Rule 178. Articles and hubs should link here without reproducing the full rule analysis.