Sections 67 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.
Section 67 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) says every mine must be under a sole manager with the prescribed qualifications, appointed by the owner or agent. Section 68 excludes two kinds of mine (prospecting excavations and certain minor-mineral mines) from most of the Code, with a few sections that still apply.
Each mine has one manager, with qualifications prescribed by the Central Government; the owner or agent appoints him, and may appoint himself if qualified (67(1)). The manager is responsible for overall management, control, supervision and direction, and the owner's instructions must be confirmed in writing forthwith (67(2)). Except in an emergency, the owner must not bypass the manager (67(3)). Section 68 disapplies the Code, except sections 35, 38, 40, 41 and 44, to prospecting mines and listed minor-mineral mines, within conditions; if a condition fails, the whole Code applies at once and the employer must inform the authority.
At a glance
| Provision | Content |
|---|---|
| 67(1) | Every mine under a sole manager; owner or agent appoints a person with the prescribed qualifications; owner or agent may be manager if qualified |
| 67(2) | Manager is responsible for overall management, control, supervision and direction; owner's instructions confirmed in writing forthwith |
| 67(3) | Owner or agent must not give instructions affecting statutory duties to a person responsible to the manager except through the manager, save in an emergency |
| 68(1)(a) | Prospecting-only excavation, not to obtain minerals for use or sale, subject to conditions on employees, depth and other matters |
| 68(1)(b) | Mines extracting kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand, ordinary clay, building stone, slate, road metal, earth, fuller's earth and limestone (as listed), subject to conditions |
| 68(2) | Central Government may declare the Code applicable to such a mine or part |
| 68(3) | If a condition is not fulfilled, the rest of the Code becomes immediately applicable; employer must inform the authority as prescribed |
Section 67: the sole manager
The text uses "save as may be otherwise prescribed", so the rules can vary the general rule. The duty to appoint sits with the owner or agent. The owner or agent may appoint himself if he has the prescribed qualifications.
Responsibility. Subject to instructions from or on behalf of the owner or agent, the manager is responsible for overall management, control, supervision and direction of the mine. The Code requires that any instruction from the owner be confirmed in writing forthwith, so a verbal order is not enough for the record.
No bypassing. Under 67(3), except in an emergency, the owner, agent or anyone on his behalf shall not give instructions affecting the fulfilment of statutory duties to a person employed in the mine who is responsible to the manager, otherwise than through the manager. This protects the manager's line of command. The duties of the owner, agent and manager in general are explained in section 7, and the definition of a mine in our definitions article.
Mine owners who need help checking their manager appointments and the written confirmation routine can use our labour law compliance service.
Section 68: mines outside most of the Code
Section 68(1) says the Code's provisions, except those in sections 35, 38, 40, 41 and 44, do not apply to two kinds of mine:
(a) Prospecting mines. Any mine or part where excavation is made for prospecting purposes only, not to obtain minerals for use or sale, subject to conditions the Central Government prescribes on number of employees, depth of excavation and other matters.
(b) Minor-mineral mines. Any mine engaged in extracting kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding and glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fuller's earth (marl, chalk) and limestone, subject to conditions on workings, open cast workings and explosives.
The sections that still apply are the inspector sections: section 35 (powers), section 38 (special powers), 40 and 41 (facilities and special officers; see sections 39–41) and 44 (see sections 43–44).
Declaration and loss of exclusion
- 68(2): despite 68(1), the Central Government may declare that the Code applies to such a mine or part.
- 68(3): if any condition in clause (a) or (b) is not fulfilled, the provisions not set out in 68(1) become immediately applicable, and it is the employer's duty to inform the prescribed authority, in the prescribed manner and time, of the non-fulfilment.
What the Central Rules, 2026 prescribe
The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) apply where the Central Government is the appropriate Government. Where a State Government is the appropriate Government, use the State's rules.
Rule 107: qualification of manager. No mine may be opened, re-opened or worked unless it has a duly appointed manager with the qualification in the Rule's table, which depends on the type and size of mine:
| Type of mine | Output or material handled (per month average, preceding calendar year) | Essential qualification |
|---|---|---|
| Below ground coal | Above 2,500 tonnes | First Class Manager's Certificate of Competency (Coal) |
| Below ground coal | Not above 2,500 tonnes | First Class or Second Class Manager's Certificate (Coal) |
| Below ground metalliferous | Above 1,250 tonnes | First Class Manager's Certificate of Competency (Metal) |
| Below ground metalliferous | Not above 1,250 tonnes | First Class or Second Class (Metal) |
| Open cast coal / open cast metalliferous | Above 20,000 cubic metre handled | First Class Certificate, or First Class restricted to open cast workings |
| Open cast coal / open cast metalliferous | Not above 20,000 cubic metre | The above, or Second Class (including Second Class restricted to open cast workings) |
| Mine with both open cast and underground workings | All coal and metal mines | First Class Manager's Certificate (Coal or Metal, as the case may be) |
| Oil mines | All | Engineering degree or diploma, or post-graduation in physics, geophysics, geology or chemistry, with 15 years (diploma in engineering) or 10 years (other cases) of experience in managing and supervising oil mine operations |
The table is condensed; read the Rule for the exact certificate wording. "Average output" is the average per month in the preceding calendar year of total output from all workings within the mine boundaries; "average material handled" is defined similarly, counting mineral and overburden.
Rule 108: Code not to apply in certain mines. For prospecting, the exclusion holds if not more than twenty persons are employed on any one day, the depth nowhere exceeds six metres (or fifteen metres in coal), and no part extends below superjacent ground. For minor-mineral mines, either the workings do not extend below superjacent ground, or, for open cast workings, the depth does not exceed six metres, not more than fifty persons are employed on any one day and explosives are not used. As soon as an establishment becomes a mine, the employer gives electronic notice to the Inspector-cum-Facilitator within seven days. The Central Government may also declare by written order that all provisions apply. See Rule 107 and Rule 108.
Practical points
- Hold the certificate. Put a copy of the manager's certificate on the mine file and match it to the class of mine in Rule 107.
- Re-check when output changes. The Rule 107 table uses the previous calendar year's average, so a change in scale can change the required certificate.
- Confirm owner's orders in writing, the same day.
- Watch the conditions of exclusion: headcount 20 or 50, depth 6 or 15 metres, explosives, and superjacent ground.
- Notify in seven days when an establishment becomes a mine.
- Reference the old law: the Mines Act provisions are discussed in Mines Act: safety provisions and DGMS.
Example. A limestone quarry has an open cast working 5 metres deep with 40 workers and no explosives, so the Rule 108 conditions are met and most of the Code does not apply. After a month the quarry starts blasting. A condition is no longer met, the rest of the Code becomes immediately applicable under 68(3), and the employer must tell the authority.
Need help with mine compliance?
Manager appointments and the exclusion conditions are checked against dated records. Our labour law compliance team can review your appointment file, the exclusion conditions and the notices you may owe.
Key takeaways
- Every mine has a sole qualified manager; owner's instructions go through him and are confirmed in writing (67).
- Prospecting and listed minor-mineral mines are outside most of the Code, except sections 35, 38, 40, 41 and 44 (68).
- If an exclusion condition fails, the whole Code applies immediately (68(3)).
- Rule 107 gives the certificate table; Rule 108 gives the numbers and the seven day notice.
Read next
- Section 7: duties of owner, agent and manager of mine
- Sections 69–70: emergency exemption and employment below eighteen in mines
- Rule 107: qualification and appointment of manager in mines
- 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.