Rules 117 to 119 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
If a mine medical examination declares a person unfit, rule 117 lets the person appeal to the employer within thirty days and ask for re-examination by an appellate medical board. Rule 118 says who sits on the board, and rule 119 says the board examines to the Form IX standard and issues a Form X certificate.
A person declared unfit for mines, a category of mines or specified operations may, within thirty days of receiving the certificate, file an appeal with the employer for re-examination by the appellate medical board. The employer (initial) or manager (periodical) must forward the appeal to the board's convener within fifteen days; the convener gives at least fifteen days' notice for re-examination. The appellant pays the fees, but if found fit, the employer reimburses them in full. The board is an Inspector-cum-Facilitator (convener) plus two qualified allopathic medical practitioners in Central or State Government employment. It issues a Form X certificate.
Why a dispute route is needed
A finding of unfit under rule 109 or rule 113 can end a person's career in a mine. Rule 120 says an unfit person cannot be employed or continue after thirty days from the date of examination unless an appeal has been filed; see our rules 120 to 122 article. Rule 60(iii) already says a dispute may go to the appellate medical board; see our rules 60 and 61 article. Rules 117 to 119 are the procedure. If the matter widens into a wider dispute, our legal dispute resolution service can help.
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own OSH rules apply.
Rule 117: the appeal
| Sub-rule | Step | Time |
|---|---|---|
| 117(1) | Person declared unfit for employment in mines, in a particular category of mines or in specified operations (initial or periodical examination) files an appeal with the employer and requests re-examination by the appellate medical board | Within 30 days of receiving a copy of the certificate |
| 117(2)(i) | Employer (initial examination) or manager (periodical examination) forwards the appeal to the convener | Within 15 days of receiving the appeal |
| 117(2)(ii) | Convener gives prior notice to the owner, agent or manager and the appellant | At least 15 days |
| 117(2)(iii) | A person who, for reasonable cause, fails to appear for re-examination gets another notice | At least 7 days in advance |
| 117(3) | Appellant pays such fees as the board determines; the examination is conducted in the manner the board determines | |
| 117(4) | If the board finds the person fit for employment in mines, the fees are reimbursed in full to the appellant by the employer of the mine where the person is employed |
When the 30 days start. From receipt of "a copy of the certificate". Rule 113(2) says the person's copy goes electronically or by speed post, so keep proof of the date of dispatch and receipt.
Who forwards. For an initial examination, the employer. For a periodical examination, the manager. The rule does not say what happens if the 15 days are missed, so forward promptly and keep the diary.
Fees. The rule does not give an amount; the board "determines". For an initial-examination candidate who is not yet employed, 117(4) refers to "the employer of the mine where such person is employed". The text does not spell out reimbursement for a candidate not yet employed. Treat this as a gap and ask the convener.
Reasonable cause. The 7-day second notice mirrors the second notice in rule 111(4), but here the minimum is seven days, not ten.
Rule 118: the board
The board is "constituted by the Central Government" as follows:
| Member | Description |
|---|---|
| (i) | An Inspector-cum-Facilitator, who acts as convener for coordination |
| (ii) | Two qualified medical practitioners in allopathic medicine, in the employment of the State or Central Government, as nominated by the Chief Inspector-cum-Facilitator |
The proviso lets the convener co-opt a specialist medical practitioner if the board thinks a specialist must be consulted on specific issues. The rule does not say the specialist votes; it says "co-opt", and "consulted".
The convener is a coordinator and does not (by the words of the rule) examine as a doctor. Form X, however, shows signature lines for three members with the first marked "(Convenor)". Rule 118 describes two doctors plus the convener; that is three signatories, consistent with Form X's three lines.
Rule 119: standard and report
| Sub-rule | Requirement |
|---|---|
| 119(1) | The board examines the appellant in accordance with the standard in Form IX for initial and periodical examination |
| 119(2) | The certificate of medical re-examination in Form X is issued to the manager of the mine and to the appellant |
| 119(3) | A copy of the certificate is retained with the convener |
Form X. It records the earlier finding of unfitness, then the board's finding on re-examination: (1) fit for any employment in mine; (2) suffering from a stated disease and unfit for any employment in mine, any employment below ground, or specified work; or (3) suffering from a disease, to be cured or controlled and re-examined within a stated number of months, with a note whether the person may carry on duties meanwhile. It is issued in triplicate, carries a photograph attested by the manager, agent or owner, and bears the signatures of the board members. An annexure repeats the examination findings.
Finality. Rules 117 to 119 do not say that the board's decision is final or that a further appeal lies, and do not say what the employer must do on a Form X finding. Rule 120 says an unfit person cannot be employed after thirty days "unless such person has filed an appeal", and includes the re-examination case.
A drafting note: rule 119(2) names the manager of the mine as the recipient; for an initial-examination candidate the "manager of the mine" is the one to whom they applied.
Practical examples
Example 1. A worker receives a Form IX on 3 June declaring him unfit for below-ground work. He files an appeal with the manager on 20 June (within 30 days). The manager forwards it to the convener by 5 July (within 15 days).
Example 2. The convener fixes a hearing 20 days out. The worker is ill and misses it; the convener issues another notice giving at least seven days.
Example 3. The worker pays the board's fee. The board finds him fit and issues Form X. The employer reimburses the fee in full under rule 117(4).
Need help with an appeal or a disputed medical finding?
A disputed unfit finding touches both the worker's livelihood and the employer's compliance. Our team can help you prepare the appeal paperwork or respond to one. Reach us through our legal dispute resolution service.
Key takeaways
- Appeal within 30 days of receiving the unfit certificate, filed with the employer.
- Employer or manager forwards to the convener within 15 days; convener gives at least 15 days' notice.
- Second notice for a missed re-examination: at least 7 days.
- Board: Inspector-cum-Facilitator (convener) plus two allopathic doctors from Central or State Government service; a specialist may be co-opted.
- Appellant pays the fees but gets full reimbursement from the employer if found fit; the board issues Form X.
Read next
- Rules 120 to 122: unfit persons, cost of examination and exemptions
- Rules 115 and 116: identity of candidates and medical examination of women
- Rules 113 and 114: standard and report of medical examination and retention of certificates
- Mines Act: safety provisions and DGMS framework
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.