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LabourOSHWC CodeSections › Section 73
OSHWC Code · Chapter XI

Section 73 — Decision of question whether a mine is covered under this Code

Detailed statutory control map with Central Rule, form, authority, evidence and State-jurisdiction checks.

Legal status: In force from 21 November 2025, subject to provision-specific notifications, Central/State jurisdiction and saved actions under section 143.

Statutory identity

Chapter

XI — Special provisions for contract labour, migrants and sectors

Part

Part IV — Mines

Provision owner

Mine safety, rescue and competency control

Applicable rules

Rule 107, Rule 108, Rule 109, Rule 110, Rule 111, Rule 112, Rule 113, Rule 114, Rule 115, Rule 116, Rule 117, Rule 118, Rule 119, Rule 120, Rule 121, Rule 122, Rule 123, Rule 124, Rule 125, Rule 126, Rule 127, Rule 128, Rule 129, Rule 130, Rule 131, Rule 132, Rule 133, Rule 134, Rule 135, Rule 136, Rule 137, Rule 138, Rule 139, Rule 140, Rule 141, Rule 142, Rule 143, Rule 144, Rule 145, Rule 146, Rule 147, Rule 148, Rule 149, Rule 150, Rule 151, Rule 152, Rule 153, Rule 154, Rule 155, Rule 156, Rule 157, Rule 158, Rule 159, Rule 160, Rule 161, Rule 162, Rule 163, Rule 164, Rule 165, Rule 166, Rule 167, Rule 168, Rule 169, Rule 170, Rule 171, Rule 172, Rule 173, Rule 174, Rule 175, Rule 176

Forms

No direct prescribed form identified

Last source review

2026-07-17

Provision-by-provision analytical map

This page does not replace the statutory text. It separates the operative legal transaction into controls so that each subsection, proviso, exception and delegated instrument can be checked against the official India Code source before use.

  1. Control 1. Establish whether the mine, person and operation fall within the Code and Central rules or a valid exemption.
  2. Control 2. Appoint qualified statutory personnel and maintain current competency, medical and training records.
  3. Control 3. Provide rescue station/room coverage, tested breathing apparatus, communication, tracings and emergency teams.
  4. Control 4. Run initial, refresher, special and post-absence training before assigning hazardous work.
  5. Control 5. Preserve rescue drills, equipment tests, emergency deployment and post-event review.

Actor, trigger and jurisdiction

Primary actor

Employer, occupier, owner, agent, manager, contractor, employee or statutory authority according to the text of section 73.

Trigger

The facts engage “Decision of question whether a mine is covered under this Code”. Coverage, sector and appropriate-Government analysis must be recorded before action.

Central/State split

The 2026 Central Rules apply where the Central Government is the appropriate Government. State rules and notifications must be checked separately.

Technical overlay

Applicable standards, mine/dock regulations, Schedule limits and authority orders may add more specific requirements.

Linked Central Rules and forms

Implementation workflow

  1. Coverage memo: identify establishment, sector, headcount, worker status, location and appropriate Government.
  2. Legal decomposition: mark each subsection, proviso, explanation, exception and delegated power in the official text.
  3. Control design: assign a process owner, system trigger, time limit, reviewer and escalation path.
  4. Evidence: preserve the source transaction, decision, communication and acknowledgement.
  5. Freshness check: verify later Gazette notifications, authority appointments, State rules and technical orders.

Evidence checklist

Non-compliance and remedy

Unqualified deployment or unavailable rescue capability can result in prohibition, prosecution and aggravated accident liability.

Read sections 94–114 for the offence, adjudication, prosecution, composition and court route. A continuing unsafe condition should be corrected immediately; retrospective records must never be fabricated.

Worked control example

A mine changes its underground work area. Management updates tracings and emergency coverage, confirms rescue-team availability and apparatus tests, retrains affected workers and blocks deployment of anyone without current medical and training records.

Practical questions

Is the Central Rule automatically applicable to every establishment?

No. Determine the appropriate Government and sector. State rules may govern establishments outside the Central sphere.

Does a policy prove compliance?

No. Transaction evidence, prescribed records, competent appointments, measurements and acknowledgements are ordinarily required.

What should be checked before relying on this page?

Read the exact India Code section, mapped Rule, Schedule, authority notification and any later Central or State instrument.

Official sources