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Occupational Safety, Health and Working Conditions Code, 2020 · IX

Section 41: Powers of special officer to enter, measure, etc., in relation to mine

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 41 — Governs powers of special officer to enter, measure, etc., in relation to mine and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or…

Full official textSource checked: 20 August 20266 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part…

Provisos, explanations & qualifications

Provided that, where in the opinion of the Chief Inspector-cum-Facilitator or of an Inspector-cum- Facilitator an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice.

Thresholds and timelines in the text

Powers of special officer to enter, measure, etc., in relation to mine.—Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving…

Actors expressly appearing in the text

Inspector-cum-Facilitator

Full statutory text — Section 41

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

41. Powers of special officer to enter, measure, etc., in relation to mine.—Any person in the
service of the Government duly authorised in this behalf by a special order in writing of the Chief
Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling
or measuring any mine or any output therefrom, after giving not less than three days' notice to the
manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof or
any output therefrom at any time by day or night:
   Provided that, where in the opinion of the Chief Inspector-cum-Facilitator or of an Inspector-cum-
Facilitator an emergency exists, he may, by order in writing, authorise any such person to enter the mine
for any of the aforesaid purposes without giving any such notice.

How to apply this provision

Primary statutory test — Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part…
Qualification / exception to test — Provided that, where in the opinion of the Chief Inspector-cum-Facilitator or of an Inspector-cum- Facilitator an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice.
Numerical or timing control — Powers of special officer to enter, measure, etc., in relation to mine.—Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving…
Central Rule mapping — 77, 78, 79, 80, 81, 82. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Evidence file — retain facts and records proving the role/status of: Inspector-cum-Facilitator.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 41 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 77 Rule 78 Rule 79 Rule 80 Rule 81 Rule 82

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

State overlays Forms Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

For an establishment affected by powers of special officer to enter, measure, etc., in relation to mine, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “Powers of special officer to enter, measure, etc., in relation to mine.—Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surve” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 77, 78, 79, 80, 81, 82.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 41

What does Section 41 of the OSHWC Code cover?

What is the main legal requirement or power in Section 41?

The first operative clause identified from the official text is: “Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part…” Read it with the remaining subsections and any proviso below.

Does Section 41 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that, where in the opinion of the Chief Inspector-cum-Facilitator or of an Inspector-cum- Facilitator an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice.”

What time limit, percentage or amount appears in Section 41?

The provision contains this numerical/time expression: “Powers of special officer to enter, measure, etc., in relation to mine.—Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the purpose of surveying, leveling or measuring any mine or any output therefrom, after giving…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 41?

The current concordance maps Section 41 to Central Rule(s) 77, 78, 79, 80, 81, 82.

Is Section 41 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.

Source & verification trail

Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗

Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.