Section 7 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 7 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) puts the responsibility for mine compliance on the owner and agent jointly and severally, and, when a contravention occurs, spreads deemed guilt across the supervisor, the manager, the owner and agent and the person responsible for welfare, unless each shows due diligence. The Code also closes one common excuse: appointing a manager is not a defence.
The owner and agent of every mine are jointly and severally responsible for making financial and other provisions and taking steps needed to comply with the Code and the rules, regulations, bye-laws and orders relating to a mine (section 7(1)). If anyone contravenes them, besides the contravener, the supervising official(s), the manager, the owner and agent, and the person appointed under section 24 are each deemed guilty unless he proves due diligence and reasonable means to prevent the contravention (section 7(2)). It is no defence that a manager, officials or the section 24 person were appointed (section 7(3)).
What section 7 says
| Sub-section | Content |
|---|---|
| 7(1) | The owner and agent of every mine are jointly and severally responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the Code and the rules, regulations, bye-laws and orders made under it, relating to mine |
| 7(2) | In the event of any contravention by any person whosoever of any provision of the Code or of the rules, regulations, bye-laws or orders relating to mine, except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, each of the persons listed below is also deemed guilty unless he proves he had used due diligence to secure compliance and had taken reasonable means to prevent the contravention |
| 7(3) | It is not a defence in proceedings against the owner or agent that the manager and other officials have been appointed in accordance with the Code, or that a person to carry the responsibility under section 24 has been appointed |
The persons deemed guilty under 7(2):
- the official or officials appointed to perform duties of supervision in respect of the provisions contravened;
- the manager of the mine;
- the owner and agent of the mine; and
- the person appointed, if any, to carry out the responsibility under section 24.
"Owner" and "agent" have mine-specific definitions. The owner is the immediate proprietor, lessee or occupier (or a liquidator or receiver running the business), and an agent is anyone who acts or purports to act for the owner in the management, control, supervision or direction of the mine; see employer, employee, worker and occupier and mine definitions. Mine operators reviewing their management structure against this section can use our labour law compliance service.
How the deeming rule works
The deeming rule in 7(2) is additional to the liability of whoever actually contravened. It applies to contraventions of any provision relating to a mine, but not to a provision that specifically requires a named person to do or not do something. In that case, the duty falls on the named person.
For each deemed person, the burden is on him to prove two things:
- that he used due diligence to secure compliance; and
- that he took reasonable means to prevent the contravention.
Records are the practical answer: inspection rounds, written instructions, shift reports, training attendance, equipment test certificates and budget approvals for safety spending. Note the words "financial and other provisions" in 7(1): an owner or agent who withholds money for a safety measure cannot easily show due diligence.
The manager
Section 67 requires every mine to be under a sole manager with prescribed qualifications, appointed by the owner or agent; the owner or agent may appoint himself if qualified. The manager is responsible for the overall management, control, supervision and direction of the mine, subject to instructions from the owner or agent, which must be confirmed in writing forthwith. Except in an emergency, the owner or agent must not give instructions affecting statutory duties to a person responsible to the manager otherwise than through the manager. See sections 67 and 68. For the Central Rules, see rule 107 on the qualification and appointment of a mine manager.
Why "appointed a manager" is not a defence
Section 7(3) stops an owner or agent from saying "we appointed a qualified manager" (or officials, or the section 24 person) as a complete answer. The owner and agent remain responsible under 7(1), and can escape 7(2) deemed guilt only by proving their own due diligence and reasonable means.
Related provisions
- Prosecution (section 107). No prosecution of an owner, agent or manager of a mine for an offence under the Code except at the instance of the Chief Inspector-cum-Facilitator, the District Magistrate or an Inspector-cum-Facilitator authorised by the Chief Inspector-cum-Facilitator. Before instituting it, the officer must satisfy himself that the owner, agent or manager failed to exercise due diligence to prevent the offence. For an offence committed in the course of technical direction and management of a mine, the District Magistrate needs the Chief Inspector-cum-Facilitator's prior approval. See sections 106 to 108.
- Failure to appoint a manager (section 105). Punishable with imprisonment up to three months, or fine, under the Code's offences chapter; see sections 104 and 105.
- Central Rules. Mine safety officers (rules 20 and 21) and the mines Safety Committee (rules 16 and 17) support the compliance duty. The Central Rules apply because mines are in the Central sphere under section 2(1)(d)(i).
Example. A coal mine's manager is absent on leave and the deputy does not renew the certificate of a hoist inspection. An accident follows. The deputy contravened; the supervising official, the manager, the owner and the agent are each deemed guilty as well. The owner shows approved safety budgets, written instructions on inspection schedules and audits; the manager shows he had delegated and checked. The court looks at whether each has proved due diligence and reasonable means. The mere fact that a qualified manager was appointed does not clear the owner or agent.
Need help with mine compliance?
Mine owners and agents carry joint responsibility and a documentary burden. Our labour law compliance team can help you set up a compliance register, delegation letters and an audit trail that supports a due diligence defence. Bring your organisation chart, inspection schedules and safety budget records.
Key takeaways
- The owner and agent of a mine are jointly and severally responsible for making financial and other provisions needed for compliance.
- On a contravention, the supervisor, manager, owner and agent and the section 24 person are each deemed guilty unless they prove due diligence and reasonable means.
- The deeming rule does not apply where a provision specifically requires a named person to act or refrain.
- Appointing a manager, officials or a section 24 person is not a defence for the owner or agent.
- Prosecution of an owner, agent or manager needs the instance of the Chief Inspector-cum-Facilitator, the District Magistrate or an authorised Inspector-cum-Facilitator (section 107).
Read next
- Section 6: duties of the employer
- Section 8: duties of designers, manufacturers, importers and suppliers
- 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.