Rules 120 to 122 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.
Rule 120 bars the employment of a person declared unfit for mines after thirty days unless an appeal is filed, with a six-month continuation proviso. Rule 121 puts the cost of the examination on the mine employer, and rule 122 lists mine staff exempt from certain working-hours provisions of the Code.
A person declared unfit (initial, periodical or after re-examination) for mines, a category of mines or specified operations shall not be employed or continue to be employed there after thirty days from the date of medical examination, unless an appeal has been filed. The doctor or board may recommend continuation for up to six months where the disability will not seriously affect normal duties. The employer bears the cost of examination except where the person is declared unfit after re-examination by the appellate medical board. Rule 122 exempts listed supervisory, technical and medical staff from ss.25(1), 26(1), 30 and 31(1) of the Code.
Where they fit
These are the last three rules in the mine medical block (rules 109 to 122). The unfit finding comes from the examination under rules 109 and 113; the appeal comes under rule 117. See our rules 117 to 119 article. For a compliance review of how your mine handles unfit certificates, our labour law compliance service is the starting point.
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 120: unfit persons not to be employed
Where a person has been declared unfit for employment in mines, in a particular category of mines or in any specified operations in a mine, as a result of:
- an initial medical examination,
- a periodical medical examination, or
- medical re-examination,
the person "shall not be employed or continue to be employed" in the mine, category or operation "after the expiry of thirty days from the date of medical examination unless such person has filed an appeal against the declaration".
Points to note:
- Thirty days from the date of examination. Rule 117 gives thirty days from receipt of the certificate to appeal. Rule 120 counts from the date of examination. The two start points differ; a prudent employer treats the earlier date as the working limit for pulling a person off the affected work unless an appeal is in hand. This is our reading; the text does not reconcile them.
- Scope of the bar. It is tied to what the person was declared unfit for: all mines, a category, or a specified operation. A person unfit for below-ground work, for example, may still be employed on surface work, as Form IX lets the examiner specify.
- Appeal keeps the person in place. The words "unless such person has filed an appeal" mean the bar does not operate while the appeal is on. The rule does not say what happens after the board's decision; the post-appeal position follows the Form X finding.
- After re-examination. The rule also applies to a finding after medical re-examination, so a Form X "unfit" ends the exception.
The six-month proviso. If the qualified medical practitioner (initial or periodical) or the appellate medical board (re-examination of persons already in employment) is of the opinion that the disability is "of such a nature and degree that it will not seriously affect or interfere with the normal discharge of their duties", it "may recommend their continuation in employment in the mine for a period not exceeding six months". During this time the person may get the disability "cured or controlled" and appear for another medical examination after six months and be declared fit.
| Feature | Text |
|---|---|
| Who recommends | The qualified medical practitioner or appellate medical board |
| Whose cases | "persons already in employment" (re-examination reference); the proviso also names initial and periodical examination |
| Maximum period | Six months |
| Purpose | Cure or control the disability |
| Next step | Another medical examination after six months |
A drafting point: the proviso opens with initial and periodical examination and the board, then speaks of "persons already in employment". It is not clear whether a fresh candidate can be given the six months. We read the text as aimed at people already employed, and flag the point for confirmation. Form IX's option (c), which lets the examiner say the employee may be permitted or not permitted to carry on duties during the re-examination period, is how the recommendation is recorded.
Rule 121: cost
"The cost of medical examination under these rules, shall be borne by the employer of the mine except in case the person is declared unfit for employment in mines after re-examination by appellate medical board."
- The default is the employer.
- The only exception is a person declared unfit after re-examination by the board.
- It works with rule 117(3) and (4): the appellant pays the board's fee, and if found fit, the employer reimburses in full.
- The rule does not say who bears the cost where the person is declared unfit and then does not appeal. Read literally, the employer bears it, since the exception is limited to re-examination.
- Section 6(1)(g) of the Code (no charge on an employee for safety and health provisions) is relevant to deductions; see our section 6 article.
Rule 122: exemptions from hours and limitation of employment
Section 71 of the Code lets the Central Government make rules exempting certain persons or categories of persons employed in mines from s.25(1), s.26(1), s.30 and s.31(1) (see our sections 71 to 73 article). Rule 122 is that exemption: it exempts the persons listed from "sub-section (1) of section 25, sub-section (1) of section 26, section 30 and sub-section (1) of section 31" of the Code. See our articles on section 25, section 26, sections 29 and 30 and section 31.
| Clause | Persons exempted |
|---|---|
| (i) | Persons holding a position of supervision or management or like position, employed in a confidential capacity |
| (ii) | Manager, deputy manager, installation manager, fire officer, assistant manager, ventilation officer, safety officer, information technology, instrumentation and communication officials |
| (iii) | Mining, electrical and mechanical engineer |
| (iv) | Mining supervisor, assistant mining supervisor and supervisor in oil mines |
| (v) | Mechanical and electrical foreman and electrical and mechanical supervisor |
| (vi) | Surveyor and assistant surveyor |
| (vii) | Qualified medical practitioner, dresser, compounder, chemist, assayer, metallurgist and welfare or personnel officer |
| (viii) | Any other person specified by the Central Government through general or special order |
The heading says "in respect of the following", but the rule does not then set out any further list of matters; the exemption is from the four named provisions. This looks like a drafting slip, flagged here without correction. Also note the placement: an hours exemption sits in the medical block, although it has no medical content.
Practical examples
Example 1. A driller is declared unfit for below-ground work on 1 July. He files an appeal on 15 July. He may continue until the board decides, since an appeal has been filed. Without an appeal he could not be kept on that work after 31 July.
Example 2. A surface clerk with controlled hypertension is recommended for continuation for six months. He is re-examined after six months.
Example 3. A mine's ventilation officer works long hours on an emergency. Rule 122(ii) exempts him from the daily-hours limit in s.25(1) and the other named provisions.
Need help with unfit-person cases?
Handling an unfit certificate means balancing the worker's rights, appeal timelines and the employer's duty under rule 120. Our labour law compliance team can help you build a decision log and check your records.
Key takeaways
- An unfit person may not be employed or continued after thirty days from the date of examination unless an appeal has been filed.
- A doctor or the board may recommend up to six months' continuation to cure or control a disability.
- The mine employer bears the cost, except where the board finds the person unfit on re-examination.
- Rule 122 exempts listed officers and technical staff from ss.25(1), 26(1), 30 and 31(1).
Read next
- Rules 117 to 119: appeal for re-examination and appellate medical board
- Rules 109 and 110: initial and periodical medical examination in mines
- Section 25: daily and weekly working hours
- Rules 123 and 124: rescue station establishment and functions
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.