Rules 79 and 80 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.
Rules 79 and 80 are short enabling rules. Rule 79 leaves the powers and duties of the District Magistrate in respect of mines to a Central Government order. Rule 80 says a scheme will be notified to empanel experts for third party audit and certification, with their qualifications, experience and duties to be fixed by Central Government order.
Rule 79: the powers and duties of the District Magistrate in respect of mines will be specified by general or special order of the Central Government, from time to time. Rule 80: a scheme will be notified for empanelling experts for third party audit and certification; their qualifications, experience, duties and responsibilities will be notified through general or special order of the Central Government. Neither rule lists the powers or qualifications itself.
The Code provisions behind the rules
Section 36 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says the District Magistrate shall, within the local limits of his jurisdiction, exercise such powers and duties of the Inspector-cum-Facilitator in respect of mines as the Central Government prescribes.
Section 37 lets the appropriate Government, by notification, formulate a scheme to empanel experts with prescribed qualifications and experience for start-up establishments or classes of establishments specified in the notification. Under section 37(2), the empanelled experts (a) are assigned third party audit and certification in a randomised manner by the appropriate Government through a web-based scheme, (b) carry out the audit and certification in the manner and for the purpose in the scheme, and (c) perform the duties specified in the scheme and submit their report to the concerned employer and to the Inspector-cum-Facilitator. Our sections 36 and 37 explainer covers both sections.
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 and schemes apply. A labour law compliance review can tell you which regime and which scheme governs your establishment.
Rule 79: District Magistrate in respect of mines
Rule 79 has one sentence. It says the powers and duties of the District Magistrate in respect of mines "will be specified by general or special order by the Central Government issued from time to time".
| Point | Reading |
|---|---|
| What the Rules do | Leave the content to a Central Government order |
| What the Code provides | The District Magistrate exercises such powers and duties of the Inspector-cum-Facilitator in respect of mines as the Central Government prescribes (section 36) |
| What you should look for | A Central Government general or special order under rule 79 |
| What the Rules do not say | Which powers, any time limits, any appeal route |
Practical meaning. A mine operator cannot read the District Magistrate's powers off rule 79. Until an order is issued and applies to your mine, the question "what can the District Magistrate do here?" does not have an answer in the Rules. If the District Magistrate's office asks for information or visits a mine, ask for the order or notification under which it acts, and record it.
Relationship to the Inspector-cum-Facilitator. Section 36 describes the District Magistrate's powers as those of the Inspector-cum-Facilitator "in respect of mines". The Inspector's own powers are in section 35; see our section 35 explainer. Whatever the order says, it draws on that set. The order is to be read with the Code; it cannot go beyond it.
For the definition of a mine, see our section 2 article on mines, minerals and below ground working.
Rule 80: experts for third party audit
Rule 80 has two sentences. First, "the scheme will be notified for empaneling experts for third party audit and certification". Second, the qualifications, experience, duties and responsibilities of experts to be empanelled "will be notified through general or special order by the Central Government issued from time to time".
| Point | Reading |
|---|---|
| What the Rules do | Promise a scheme and leave qualifications and duties to a Central Government order |
| What the Code provides | Section 37: scheme by notification for start-up establishments or classes specified in it; random assignment through a web-based scheme; report to the employer and the Inspector-cum-Facilitator |
| Who benefits | Start-up establishments or classes of establishments specified in the notification |
| What you should look for | The notified scheme and the order on qualifications |
| What the Rules do not say | Who qualifies as a start-up for this purpose, the fee, the audit standard, the validity of a certificate |
Who can use it. Section 37(1) speaks of "such start-up establishments or class of establishments as may be specified in the notification". An employer cannot assume eligibility. Check whether a notification specifying your establishment exists.
Random assignment. Under section 37(2)(a) the expert is assigned "in a randomised manner" through a web-based scheme. The employer does not choose the auditor. That supports independence.
Two recipients of the report. The expert submits the report to the concerned employer and to the Inspector-cum-Facilitator (section 37(2)(c)). The employer should plan for the report to reach the regulator at the same time.
Interaction with inspection. The Code describes third party audit as part of its scheme of inspection and certification. How a certificate interacts with the Inspector-cum-Facilitator's own inspection is a matter for the scheme; the Rules and the Code text do not say more. Do not assume that a certificate bars an inspection.
Why these rules matter despite their length
Both rules are placeholders that point to later instruments. That has consequences:
- Watch the Gazette and Ministry notices. The substance will be in general or special orders and a scheme notification, not in the Rules.
- Do not plan on a shortcut. A start-up that wants third party certification should not commit until the scheme is live and its class is covered.
- Do not assume either a gap or a licence. The absence of an order does not mean the District Magistrate has unlimited powers or that third party audit is open to everyone; it means the framework is incomplete.
Practical examples
Example 1. A mining company receives a notice from a District Magistrate's office citing mine safety. The company's compliance head asks which Central Government order under rule 79 the office relies on, records the order number given, and checks that the action lies within it.
Example 2. A start-up manufacturer hears that third party audit replaces inspection. It checks for a notification specifying its class under section 37 and finds none yet applicable. It continues to prepare for inspection under section 35.
Example 3. A new scheme is notified. The company registers on the web-based scheme, is assigned an expert randomly, and receives a report that is also sent to the Inspector-cum-Facilitator.
Compliance checklist
- Track Central Government orders under rules 79 and 80.
- Keep a file of any order or scheme that applies to your mine or establishment.
- Do not claim exemption or certificate status without a notification.
- Keep safety records ready for the report to reach both you and the Inspector-cum-Facilitator.
Need help tracking notifications and schemes?
Enabling rules like these depend on notifications issued later, and they are easy to miss. Our team can monitor the Central Government orders relevant to your sector and map them to your sites. Start with our labour law compliance service.
Key takeaways
- Rule 79 leaves the District Magistrate's powers in respect of mines to Central Government orders.
- Rule 80 promises a scheme to empanel experts for third party audit and certification.
- Qualifications, experience, duties and responsibilities of experts will be set by Central Government order.
- Under section 37, experts are assigned in a randomised manner and report to the employer and the Inspector-cum-Facilitator.
- State rules and schemes apply where the State is the appropriate Government.
Read next
- Sections 36 and 37 of the OSH Code: District Magistrate and third party audit and certification
- Section 35 of the OSH Code: powers of Inspector-cum-Facilitator
- Rule 78: powers and duties of Inspector-cum-Facilitator and improvement notice
- 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.