Labour Hub › OSHWC Code › Sections › Section 107

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

Section 107: Prosecution of owner, agent or manager of mine

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 107 — Governs prosecution of owner, agent or manager of mine and the rights, duties, powers or procedure expressly stated in this section. Key operative text: No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of…

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

No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:
Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum- Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:
Provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.

Provisos, explanations & qualifications

Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum- Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:

Thresholds and timelines in the text

No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.

Actors expressly appearing in the text

Inspector-cum-Facilitator

Full statutory text — Section 107

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.

107. Prosecution of owner, agent or manager of mine.—No prosecution shall be instituted against
any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief
Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this
behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:
   Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-
Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent
or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:
   Provided further that in respect of an offence committed in the course of the technical direction and
management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent
or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.

How to apply this provision

Primary statutory test — No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:
Additional operative limb — Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum- Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:
Qualification / exception to test — Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum- Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:
Central Rule mapping — 177, 178, 179, 180, 181, 182. 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 107 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 177 Rule 178 Rule 179 Rule 180 Rule 181 Rule 182

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 prosecution of owner, agent or manager of 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: “No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or spe” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 177, 178, 179, 180, 181, 182.

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 107

What does Section 107 of the OSHWC Code cover?

What is the main legal requirement or power in Section 107?

The first operative clause identified from the official text is: “No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:” Read it with the remaining subsections and any proviso below.

Does Section 107 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum- Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:”

What time limit, percentage or amount appears in Section 107?

No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.

Which 2026 Central Rules are linked to Section 107?

The current concordance maps Section 107 to Central Rule(s) 177, 178, 179, 180, 181, 182.

Is Section 107 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.