Section 2 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.
The Mines Act, 1952 is one of the 13 Acts repealed by the OSH Code, so the Code now carries the definition of a mine. Section 2(1) defines mine, minerals, open cast working and office of the mine, and section 2(2) explains when a person is working below ground or above ground. The mine-related duties, manager rules and exemptions in sections 7 and 67 to 73 build on these terms.
A mine is any excavation where an operation for searching for or obtaining minerals has been or is being carried on, and it includes 12 listed items: bore holes and oil wells, shafts, levels and inclined planes, open cast workings, conveyors and ropeways, adits and machinery works, protective works, workshops and stores, power stations, deposit premises, ancillary-process premises and a mine owned by the Government. Minerals include mineral oils such as natural gas and petroleum. A person works below ground if in a shaft being sunk or in an excavation extending below superjacent ground; otherwise above ground.
Mine: section 2(1)(zl)
"Mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes:
| No. | Included in the mine |
|---|---|
| (i) | All borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields |
| (ii) | All shafts, in or adjacent to and belonging to a mine, whether or not being sunk |
| (iii) | All levels and inclined planes in the course of being driven |
| (iv) | All open cast workings |
| (v) | All conveyors or aerial ropeways provided for bringing into or removing from a mine minerals or other articles or refuse |
| (vi) | All adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine |
| (vii) | All protective works being carried out in or adjacent to a mine |
| (viii) | All workshops and stores within the precincts of a mine, under the same management and used primarily for purposes connected with that mine or a number of mines under the same management |
| (ix) | All power stations, transformer sub-stations, converter stations, rectifier stations and accumulator storage stations supplying electricity solely or mainly to work the mine or a number of mines under the same management |
| (x) | Premises used for depositing sand or other material for use in a mine, or refuse from a mine, exclusively occupied by the owner of the mine |
| (xi) | Premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or coke is carried on |
| (xii) | A mine owned by the Government |
Where there is doubt about premises on which an ancillary process (clause (xi)) is carried on, section 73 lets the Central Government decide the question, and a certificate signed by a Secretary to the Government of India in the Ministry of Labour and Employment is conclusive proof. See sections 71 to 73. Mine operators reviewing which of their premises are within the definition can approach our legal consultation team.
Minerals: section 2(1)(zm)
"Minerals" means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying or any other operation, and includes mineral oils (such as natural gas and petroleum). Oil and gas operations are therefore inside the mine definition through clauses (zl)(i) and (zm).
Open cast working: section 2(1)(zu)
An "open cast working" is a quarry, that is, an excavation where any operation for searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground.
Office of the mine: section 2(1)(zt)
"Office of the mine" means an office at the surface of the mine concerned. A person working in any office of a mine is "employed" in the mine under the proviso to the definition of employee in section 2(1)(t); see employer, employee and worker.
Below ground and above ground: section 2(2)
For the purposes of the Code, a person working or employed in or in connection with a mine is said to be working or employed:
- below ground if working or employed (i) in a shaft which has been or is in the course of being sunk, or (ii) in any excavation which extends below superjacent ground; and
- above ground if working in an open cast working or in any other manner not specified in the below-ground clause.
| Test | Below ground | Above ground |
|---|---|---|
| Shaft sunk or being sunk | Yes | No |
| Excavation extending below superjacent ground | Yes | No |
| Open cast working | No | Yes |
| Any other manner | No | Yes |
The distinction matters because several Central Rules address below-ground mines separately, for example ventilation, temperature and humidity standards for "every belowground mine" (see rules 26 to 29) and the rescue room rule for a below-ground mine (rule 125). The Central Rules apply where the Central Government is the appropriate Government, and mines are named in the Central list in section 2(1)(d)(i).
Related mine terms
- Agent and owner (clauses (c) and (zw)) are covered in our note on employer, employee, worker and occupier.
- District Magistrate (clause (r)) in relation to a mine means the District Magistrate or Deputy Commissioner with executive powers for law and order in the revenue district where the mine is situated; for a mine spread across two districts, the one authorised by the Central Government. See section 2: appropriate Government and authorities.
- Competent person in a mine includes a shot firer or blaster and anyone authorised by the manager under section 67 to supervise work or machinery.
Example. A stone quarry extracts limestone from an open pit with no shaft, and has a workshop inside its precincts and a captive power sub-station that supplies the pit. The pit is an open cast working, so workers there are above ground under section 2(2). The workshop and the sub-station are part of the mine under clauses (viii) and (ix). Whether the Code applies in full depends on section 68, which carves out certain mines from most provisions; see sections 67 and 68.
Need help with mine compliance?
The mine definition decides who the manager, owner and agent are and which provisions apply to the workings and the premises around them. Our legal consultation team can help you map your sites to the definition and to the Code's mine provisions. Have your lease details and a site layout ready.
Key takeaways
- A mine is any excavation for searching for or obtaining minerals and includes 12 listed items, from bore holes and oil wells to workshops, power stations and Government-owned mines.
- Minerals include mineral oils such as natural gas and petroleum.
- An open cast working is a quarry that is not a shaft or an excavation below superjacent ground.
- Section 2(2) sets the below-ground and above-ground test; the Central Rules treat below-ground mines separately in places.
- Mines are in the Central sphere under section 2(1)(d)(i); the Central Rules, 2026 apply to them.
Read next
- Section 2: building work, dock work, port and railway
- Section 7: duties of owner, agent and manager of a mine
- Sections 67 and 68: mine manager and mines outside the Code
- Mines Act: safety provisions and the 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.