Rules 70 and 71 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 70 says the exemptions from the ban on double employment in mines will come by Central Government order. Rule 71 prescribes the notice of periods of work: it is kept in Form XII, displayed on a notice board or electronic board, and a copy is sent to the Inspector-cum-Facilitator electronically or by speed post.
Rule 70: circumstances for exemption from the restriction on double employment in mines are to be specified by general or special order of the Central Government, issued from time to time. Rule 71: the notice of periods of work under section 31(2) of the Code is displayed at conspicuous places on a notice board or electronic board, maintained in Form XII, and a copy is sent to the Inspector-cum-Facilitator electronically or by speed post.
The parent sections
Section 30 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says no worker shall be required or allowed to work in a mine or factory if he has already been working in any other such similar establishment within the preceding twelve hours, save in such circumstances as the appropriate Government prescribes. Our sections 29 and 30 explainer sets this out.
Section 31 requires a notice of periods of work, showing clearly for every day the periods during which workers may be required to work, to be displayed and correctly maintained in every establishment. Section 31(2) leaves the form, the manner of display and the manner of sending the notice to the Inspector-cum-Facilitator to the appropriate Government. Section 31(3) says any proposed change in the system of work which will need a change in the notice must be intimated to the Inspector-cum-Facilitator before the change is made, and except with the previous sanction of the Inspector-cum-Facilitator, no such change shall be made until one week has elapsed since the last change. See our section 31 explainer.
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. A labour law compliance review helps sort out which rules apply to which unit.
Rule 70: double employment in mines
Rule 70 is one sentence. It does not itself list the circumstances in which a worker may work in a mine within twelve hours of having worked in another mine or factory. It says the circumstances for exemption "shall be specified by general or special order issued by the Central Government issued from time to time".
What this means in practice:
- The default stays. Until a Central Government order specifies an exemption, section 30 applies as written: a worker who has worked in a mine or factory in the preceding twelve hours cannot be required or allowed to work in a mine or factory.
- There is no list in the Rules. Do not look in the Rules for the exemptions. Look for a Central Government general or special order issued under rule 70.
- Section 30 is not limited to one employer. It refers to working "in any other such similar establishment", so the restriction bites even if the worker's two engagements are with different employers. The employer should ask, and record the answer.
- Who is covered. The rule speaks of mines. Section 30 covers mine or factory. For factory double employment, the exemption circumstances are for the appropriate Government to prescribe under the section, and rule 70 does not address them.
For the definition of a mine, see our section 2 article on mines.
Rule 71: notice of periods of work
Rule 71 prescribes three things.
| Element | What rule 71 says |
|---|---|
| Place and medium | The notice is displayed at conspicuous places on a notice board or electronic board of the establishment |
| Form | It is maintained in Form XII, which the List of Forms names "Notice of periods of work" |
| Copy to the Inspector-cum-Facilitator | A copy is sent electronically or by speed post |
Form XII. The form sits in the Forms part of the Rules. This article does not reproduce it. Read it for the columns and keep the filled form as the notice.
Conspicuous. Workers should see the notice without asking. A notice inside a locked office does not meet the test.
Electronic board. The rule accepts an electronic board as well as a physical one, which helps dispersed sites. Keep the display current and capture a dated screenshot or log of what was shown.
Copy to the Inspector-cum-Facilitator. Electronically or by speed post. Keep the proof: the email with time stamp or the speed post receipt. The rule does not give a deadline for sending the first copy, and it does not name a portal. The Inspector-cum-Facilitator's office may tell you where to send it.
Changes. The rule does not repeat section 31(3), but the Code's requirement stands: intimate any proposed change in the system of work to the Inspector-cum-Facilitator before making it, and do not change the system within one week of the last change without the Inspector-cum-Facilitator's previous sanction. A compensatory holiday notice under rule 68 is displayed at the same place as this notice; see our rules 67 and 68 article.
What the notice should show
Section 31(1) says the notice shows "clearly for every day the periods during which workers may be required to work". The notice should therefore show, for each day of the week, start and end of each shift or relay, rest intervals and the weekly holiday, in line with the Code's daily limits in section 25 and the forty-eight-hour weekly limit in rule 64. See our rule 64 article. Do not show a schedule that you do not follow; section 31(1) asks that the notice be "correctly maintained".
Practical examples
Example 1. A factory runs two shifts with a common weekly holiday. It fills Form XII with both shifts, the rest interval and Sunday as the holiday, displays it at the gate and on the canteen screen, and emails a copy to the Inspector-cum-Facilitator. It keeps the sent mail on file.
Example 2. The factory wants to move to three shifts. It tells the Inspector-cum-Facilitator before the change and does not change the system within a week of the last change without sanction.
Example 3. A mine company finds a shift supervisor has rostered a worker who finished a shift at a neighbouring factory eight hours earlier. Section 30 bars it unless a Central Government order exempts the circumstance. The supervisor is told to check and record the worker's prior work.
Compliance checklist
- Prepare Form XII for each establishment showing every day's periods of work.
- Display it on a notice board or electronic board at conspicuous places.
- Send a copy electronically or by speed post and keep proof.
- Tell the Inspector-cum-Facilitator before any change in the system of work.
- Watch for Central Government orders under rule 70 before relying on any double-employment exemption.
Need help with notices and work-hours records?
Wrong or missing notices are easy to fix before an inspection and hard to fix after. Our team can review your Form XII, rosters and intimation trail against the Code and the Central Rules. Start with our labour law compliance service.
Key takeaways
- Rule 70 leaves double-employment exemptions for mines to Central Government orders.
- Section 30 still bars a worker from mine or factory work within twelve hours of work in another similar establishment.
- Rule 71 requires the notice of periods of work in Form XII, displayed on a notice board or electronic board.
- A copy goes to the Inspector-cum-Facilitator electronically or by speed post.
- Changes to the system of work need prior intimation under section 31(3).
Read next
- Section 31 of the OSH Code: notice of periods of work
- Sections 29 and 30: overlapping shifts and double employment
- Rules 67 and 68: weekly holiday and compensatory holidays
- Rule 72: registers, reports and records
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.