Section 67 of The Occupational Safety, Health and Working Conditions Code, 2020
- (1)Save as may be otherwise prescribed, every mine shall be under a sole manager who shall have such qualifications as may be prescribed by the Central Government and the owner or agent of every mine shall appoint a person having such qualifications to be the manager: Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications.
- (2)Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith.
- (3)Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, to a person, employed in a mine, who is responsible to the manager.
Summary
- Every mine must have a single qualified manager who is appointed to oversee all operations.
- The manager must have specific professional qualifications that are set by the Central Government.
- A mine owner or agent must make this appointment, but they may also choose to appoint themselves if they meet the qualifications.
- The manager is solely responsible for the overall management, control, supervision, and direction of the mine.
- Any instructions given to the manager by the owner or agent must be confirmed in written form immediately.
- Except during an emergency, the owner or agent must not give instructions directly to any employee who answers to the manager.
Practical examples
FAQ
1. Who has the authority to appoint a mine manager under the Occupational Safety, Health and Working Conditions Code, 2020?
Under Section 67 of the Occupational Safety, Health and Working Conditions Code, 2020, the owner or agent of the mine is responsible for appointing a qualified person as the manager.
2. Can a mine owner also act as the manager under the 2020 safety and health law?
Yes, under Section 67 of the 2020 safety and health law, a mine owner or agent can appoint themselves as the manager, provided they have the qualifications prescribed by the Central Government.
3. How must instructions from a mine owner to the manager be given under the OSH Code?
Under Section 67 of the OSH Code, any instructions given to the manager by the owner or agent of the mine must be confirmed in writing immediately.
4. Can a mine owner give instructions directly to a mine worker under the Mines and Working Conditions Code?
No, under Section 67 of the Mines and Working Conditions Code, any instructions that affect statutory duties must go through the manager, except in cases of an emergency.
Test yourself
Q1.Under Section 67 of the Occupational Safety, Health and Working Conditions Code, 2020, who is responsible for appointing a qualified manager for a mine?
Q2.Under Section 67 of the Occupational Safety Code, 2020, what is the legal requirement when an owner or agent of a mine gives instructions to a manager?
Q3.Under Section 67 of the OSH Code, 2020, which of the following is true regarding direct instructions from a mine owner to a person responsible to the manager?
Q4.Under Section 67 of the Mines and Working Conditions Code, 2020, who is responsible for the overall management, control, supervision, and direction of the mine?