Section 108: Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 108 — Governs exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor…
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.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for…
- Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:
- Provided further that, if the person charged as the actual offender by the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual…
Provisos, explanations & qualifications
- Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the…
Thresholds and timelines in the text
- Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear…
- Provided further that, if the person charged as the actual offender by the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by…
Actors expressly appearing in the text
Employer
Full statutory text — Section 108
108. Exemption of owner, agent or manager of mine or occupier of factory from liability in
certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is
charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by
him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to
do, to have any other person whom he charges as the actual offender brought before the Court at the time
appointed for hearing the charge; and if, after the commission of the offence has been proved, the owner,
agent or manager of the mine or occupier or manager of the factory, as the case may be, proves to the
satisfaction of the Court—
(a) that he has exercised due diligence to enforce the execution of this Code, or
(b) that the said other person committed the offence in question without his knowledge, consent or
connivance,
that other person shall be convicted of the offence and shall be liable to the like punishment as if he was
the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and
the owner, agent or manager of a mine or the occupier or the manager of the factory shall be, discharged
from any liability under this Code in respect of such offence:
Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier
or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any
witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he
charges as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the owner, agent or manager of
the mine or occupier or manager of the factory, as the case may be, cannot be brought before the court at
the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a
period not exceeding three months and if by the end of the said period the person charged as the actual
offender cannot still be brought before the court, the court shall proceed to hear the charge against the
owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and shall,
if the offence be proved, convict him.How to apply this provision
- Primary statutory test — Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for…
- Additional operative limb — Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:
- Qualification / exception to test — Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the…
- Numerical or timing control — Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear…
- 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: Employer.
Rules, forms and cross-references
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
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
When an event triggers exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint dul” 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 108
What does Section 108 of the OSHWC Code cover?
Section 108 — Governs exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor…
What is the main legal requirement or power in Section 108?
The first operative clause identified from the official text is: “Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for…” Read it with the remaining subsections and any proviso below.
Does Section 108 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the…”
What time limit, percentage or amount appears in Section 108?
The provision contains this numerical/time expression: “Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.—Where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this Code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 108?
The current concordance maps Section 108 to Central Rule(s) 177, 178, 179, 180, 181, 182.
Is Section 108 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.