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Contents of the OSH Code

The Occupational Safety, Health and Working Conditions Code, 2020

Section 107. Prosecution of owner, agent or manager of mine

In force since 21 Nov 2025Chapter XII — Offences and Penalties

Official text

No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:

Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-Facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:

Provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, Act No. 37 of 2020 — Gazette of India, p. 57 of the PDF. Open our copy at p. 57 · official download · all sources

Commencement In force since 21 Nov 2025

Notification wording (1)
  • S.O. 5321(E), in force from 21 Nov 2025: “the Central Government hereby appoints the 21st day of November, 2025 as the date on which the provisions of the said Code, shall come into force”