Section 139: Bye-laws

Finin2min analysis — what the section actually does

Full statutory text — Section 139

139. Bye-laws.—(1) The employer of a mine may, and shall, if called upon to do so by the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, frame and submit to the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator a draft of such bye-laws, not being inconsistent with this Code or
any rules or regulations or standards for the time being in force, governing the use of any particular
machinery or the adoption of a particular method of working in the mine, as the employer may deem
necessary to prevent accidents and provide for the safety, convenience and discipline of the persons
employed in the mine.
       (2) If any such employer—
         (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the
       Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or
          (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-cum-Facilitator or
       Inspector-cum-Facilitator sufficient, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator
       may—
             (i) propose a draft of such bye-laws as appear to him to be sufficient; or
             (ii) propose such amendments in any draft submitted to him by the employer as will, in his
          opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the
          employer for consideration.
   (3) If within a period of two months from the date on which any draft bye-laws or draft amendments
are sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to the employer under the
provisions of sub-section (2), the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the
employer are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator shall refer the draft bye-laws for settlement to the
technical committee constituted under sub-section (5) of section 16 in respect of mines.
   (4) When such draft bye-laws have been agreed to by the employer and the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator, or, when they are unable to agree, have been settled by the
technical Committee constituted under sub-section (5) of section 16 in respect of mines, a copy of the
draft bye-laws shall be sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to the
Central Government for approval:
       Provided that the Central Government may make such modification of the draft bye-laws as it thinks
fit:
   Provided further that before the Central Government approves the draft bye-laws, whether with or
without modifications, there shall be published, in such manner as the Central Government may think best
adapted for informing the persons affected, a notice of the proposal to make the bye-laws and of the place
where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty
days) within which any objections with reference to the draft bye-laws, made by or on behalf of persons
affected should be sent to the Central Government.
       (5) Every objection under second proviso to sub-section (4) shall be in writing and shall state—
          (i) the specific grounds of objections, and
          (ii) the omissions, additions or modifications asked for.
   (6) The Central Government shall consider any objection made within the required time by or on
behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which
they were published or after making such amendments thereto as it thinks fit.
   (7) The employer shall cause a copy of the bye-laws, in English and in such other language or
languages as may be prescribed by the Central Government, to be pasted up in some conspicuous place at

or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as
and when the same become defaced, obliterated or destroyed, shall cause them to be pasted again.
  (8) The Central Government may, by order in writing rescind, in whole or in part, any bye-law so
made, and thereupon such bye-law shall cease to have effect accordingly.

How to apply this provision

1. Primary statutory test — (1) The employer of a mine may, and shall, if called upon to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, frame and submit to the Chief Inspector-cum- Facilitator or Inspector-cum-Facilitator a draft of such bye-laws, not being inconsistent with this Code or any rules or regulations or standards for the time being in force, governing the use of any particular machinery or the…
2. Additional operative limb — (2) If any such employer— (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator sufficient, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator may— (i) propose a…
3. Qualification / exception to test — Provided that the Central Government may make such modification of the draft bye-laws as it thinks fit:
4. Numerical or timing control — (2) If any such employer— (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator sufficient, the Chief…
5. Evidence file — retain facts and records proving the role/status of: Employer, Central Government, Inspector-cum-Facilitator.

Rules, forms and cross-references

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

Q&A — Section 139

Source & verification trail