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Labour › OSHWC Code › Sections › Section 108
OSHWC Code · Chapter XII

Section 108 — Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases

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

XII — Offences and penalties

Part

General chapter provision

Provision owner

Mine safety, rescue and competency control

Applicable rules

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

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 108.

Trigger

The facts engage “Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases”. 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

Central Rule 177Manner of holding enquiryCentral Rule 178Onus as to ageCentral Rule 179Procedure of inquiry and other related mattersCentral Rule 180Persons to appear at inquiryCentral Rule 181Procedure of survey and other related mattersCentral Rule 182Manner of compounding of offences by the authorised officer

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

India Code — complete CodeRead the exact statutory provision and related subordinate instruments.Ministry Labour Codes libraryCode, final Central Rules, notifications, FAQs and implementation material.Official Gazette — Central Rules, 2026G.S.R. 345(E), 8 May 2026; Gazette ID CG-DL-E-09052026-272379