Mines Act, 1952: Legal Status, Old Provisions and the OSH Code Framework
Table of Contents
The Mines Act, 1952 was a central statute regulating labour, safety, health, and welfare across coal, metalliferous, and oil mines. The Directorate General of Mines Safety (DGMS) served as its primary enforcement authority.
On 21 November 2025, the Central Government brought the four labour codes into force, and the OSH Code repealed the Act. Subsequently, on 8 May 2026, the Central Government notified the OSH (Central) Rules, 2026, which replaced the Mines Rules, 1955. This guide explains the old law, the current requirements, and the steps that mine employers and workers need to take.
Key Takeaways
- The OSH Code repealed the Mines Act, 1952, effective 21 November 2025.
- The OSH (Central) Rules, 2026 superseded the Mines Rules, 1955 on 8 May 2026.
- Daily working hours are standardized to 8 hours for both above-ground and underground workers.
- Eligibility for annual leave now starts after completing 180 days of work in a calendar year.
- Women are permitted to work in all mining roles, including underground roles, subject to informed consent.
- General penalties have increased from ₹1,000 to a range between ₹2 lakh and ₹3 lakh.
What is the Mines Act, 1952?
The Mines Act, 1952 was a central law that covered coal, metal and oil mines, including opencast workings and the workshops and power stations serving a mine. Parliament passed it as Act 35 of 1952, and it took effect on 1 July 1952.
Who did the Law Cover?
The law covered every person employed in or about a mine, whether directly or through a contractor. For wages, an adult meant a person who had completed 18 years of age. The term ‘owner’ included a lessee or occupier of the mine, and ‘agent’ meant any person who managed the mine on the owner’s behalf.
Current Legal Status of the Mines Act, 1952
The Mines Act, 1952 is no longer in force. According to the Press Information Bureau, the OSH Code was repealed on 21 November 2025, along with 12 other laws, such as the Factories Act, 1948. The OSH (Central) Rules, 2026 then superseded the Mines Rules, 1955.
The repeal did not cancel existing approvals. Regulations, orders, and appointments made under the 1952 Act remain valid under the Code’s savings provision, provided they do not conflict with the Code. They remain in force until the Central Government repeals them.
Do the Coal and Metalliferous Mines Regulations Still Apply?
The Coal Mines Regulations, 2017 and the Metalliferous Mines Regulations, 1961 continue to the extent they are consistent with the Code. DGMS has framed draft OSH regulations for coal, metalliferous and oil mines to replace them.
Which Government Regulates Mines Today?
The Central Government is the appropriate government for every mine in India. Labour and safety in mines is a Union List subject under the Constitution. The OSH (Central) Rules, 2026, therefore, set the rules for occupational safety and working conditions in mines across all States.
What are the Key Provisions of the Mines Act, 1952?
The core provisions governing working conditions under the 1952 Act included:
Hours, Rest and Overtime
- Weekly limit: Employees could not be engaged for more than six days per week.
- Above-ground hours: Capped at 9 hours per day and 48 hours per week for adult workers.
- Below-ground hours: Capped at 8 hours per day and 48 hours per week for adult workers.
- Daily ceiling: Maximum spread-over, including overtime, was limited to 10 hours per day.
- Overtime compensation: Hours worked beyond statutory limits were remunerated at double the ordinary wage rate.
Young Persons and Women
The Mines (Amendment) Act, 1983, barred workers under 18 from working in any mine, except for supervised apprentices and trainees aged 16 or above. Women could not work below ground, and surface work was limited to 6 AM to 7 PM. A 2019 Central notification eased these limits, subject to written consent and safeguards. Women could then work at night above ground and, during the day, in technical, supervisory, and managerial roles below ground.
Leave with Wages
A below-ground worker qualified for annual leave after 190 attendances in a calendar year. Other workers needed 240 attendances. Annual leave accrues at the rate of 1 day for every 15 days worked underground and 1 day for every 20 days worked on the surface. Accumulated leave could not exceed 30 days.
How do the OSH Code and the 2026 Rules Treat Mines?
The table below compares the main mine provisions of the old law with their current status.
| Area | Mines Act, 1952 | OSH Code and 2026 Central Rules |
|---|---|---|
| Daily hours | 9 hours above ground and 8 below ground, within a 48-hour week. | 8 hours for all mine workers. |
| Overtime | Twice the ordinary rate of wages. | Twice the rate of wages. |
| Leave eligibility | 190 attendances below ground and 240 for others. | 180 days of work in a calendar year. |
| Leave rate | One day per 15 days below ground and per 20 elsewhere. | Same rates, with carry-forward up to 30 days. |
| Women | Barred below ground; surface work from 6 AM to 7 PM | All work allowed, including below ground, with consent. |
| Welfare | Canteens and similar facilities mainly at 250 or more workers. | Canteen at 100 workers and welfare officer at 250. |
| Health checks | At entry and at set intervals. | Free annual check-ups, pre-employment exams, and periodic exams. |
| Appointment letter | No legal requirement. | Mandatory for every employee. |
| General penalty | Up to 3 months in jail, a ₹1,000 fine, or both. | ₹2 lakh to ₹3 lakh, and up to ₹2,000 a day. |
Working Hours and Rest
According to the PIB factsheet on mine workers issued in December 2025, daily work is now 8 hours for both underground and above-ground workers. Weekly hours stay capped at 48. No worker can work more than five hours continuously without a rest interval of at least 30 minutes. When managing employee shifts, each roster must reflect these limits.
Annual Leave
Leave eligibility now begins after 180 days of work in a calendar year. To apply this rule correctly, you need to track employee attendance effectively across the year. Below-ground workers still earn 1 day for every 15 days worked, and others earn 1 day for every 20 days worked. Up to 30 days can be carried forward, and leave above that limit can be encashed.
Women and Young Workers
Women may now work in all types of mining, including underground. They may also work before 6 AM and after 7 PM, with their consent, subject to conditions regarding safety, holidays, and working hours. Persons below 18 remain barred from mine employment.
Health, Welfare and Safety Committees
Every mine employee is entitled to a free annual health check-up. Employers must also arrange pre-employment, periodic and post-exposure medical examinations for their workers. A mine that ordinarily employs 100 or more workers must establish a safety committee with employer and worker representatives. The new framework also notifies 29 occupational diseases for free treatment and compensation.
Mine Manager Qualifications
Every mine must operate under the direct control of a single designated manager possessing the statutory qualifications. A below-ground coal mine with an average output above 2,500 tonnes needs a First Class Manager’s Certificate of Competency (Coal).
Which Portals do Mine Employers Use?
The Shram Suvidha Portal 2.0 serves as the single-window portal for registration, licenses, returns, and inspection notices. Employers must submit their application using Form I, following which the registration certificate is issued in Form III within 7 days. If the registering officer does not act within this period, the establishment is deemed registered. Inspections are web-based, with prior intimation to the employer. Employers should maintain updated working-hour records, as inspectors may require them during verification.
Compliance Checklist for Mine Operators and HR Teams
Mine owners, agents, managers and HR teams can follow these ten steps to transition compliance from the Mines Act, 1952 framework to the OSH Code. Each step reflects one of the current statutory compliance requirements for mines.
- Registration: Obtain or update establishment registration via Form I on the Shram Suvidha Portal.
- Manager appointment: Confirm that the appointed manager holds the prescribed competency certificate for your mine type and capacity.
- Appointment letters: Issue a formal appointment letter to every worker on the establishment’s rolls.
- Shift rosters: Implement shift rosters to restrict daily working hours to a maximum of 8 hours for both above-ground and below-ground personnel.
- Rest intervals: Provide a mandatory rest interval of at least 30 minutes for every five hours of continuous work.
- Overtime payroll: Remunerate overtime work at twice the standard wage rate.
- Leave rules: Grant leave eligibility after 180 days of service, applying the accrual rate of one day for every 15 days worked for underground staff.
- Women’s consent: Obtain and record prior consent from female employees, along with mandatory safety measures, before deploying them for night shifts or underground work.
- Health checks: Organize free annual health check-ups and maintain comprehensive medical records for all workers.
- Safety committee: Constitute a statutory Safety Committee when employing 100 or more workers ordinarily.
Conclusion
The Mines Act, 1952 governed safety and working conditions in Indian mines for over seven decades. The OSH Code and the 2026 Central Rules now set hours, leave, women’s employment, welfare, and penalties for every mine. Because safety and labour management in mines fall under the Union List, the Central Government is the appropriate government nationwide. Mine operators should promptly update their registrations, shift rosters, and leave policies to maintain full compliance and avoid increased statutory penalties.
Related Statutory Guides
Frequently Asked Questions
Is the Mines Act, 1952 Still Applicable?
No, the Mines Act, 1952 has been repealed under the OSH Code. However, regulations, orders, and appointments made under the old Act continue to apply where they do not conflict with the Code. They remain in force until the Central Government formally repeals or replaces them.
What Replaced the Mines Rules, 1955?
The OSH (Central) Rules, 2026, notified on 8 May 2026, replaced the Mines Rules, 1955, along with the Mines Creche Rules, Pithead Bath Rules, Mines Vocational Training Rules, and Mines Rescue Rules, into a single consolidated central framework.
What are the Working Hours for Below-Ground Mine Workers?
Below-ground workers are subject to a maximum limit of 8 hours per day and 48 hours per week. The same daily limit now applies above ground. Work beyond these limits counts as overtime and is paid at twice the regular wage rate.
Can Women Work below Ground in Indian Mines?
Yes. The OSH Code allows women to work in all types of mining, including underground work. Work before 6 AM or after 7 PM requires the woman’s consent and compliance with prescribed conditions regarding safety, holidays, and hours.
When does a Mine Worker Qualify for Annual Leave?
A worker qualifies for statutory leave after completing 180 days of work in a calendar year. Underground workers earn leave at a rate of 1 day for every 15 days worked, while other workers accrue 1 day for every 20 days worked. Unused leave may be carried forward up to a maximum of 30 days.
Do the Coal Mines Regulations, 2017 Still Apply?
Yes, to the extent they are consistent with the OSH Code. The saving clause keeps regulations made under the repealed Act in force until the Central Government replaces them. DGMS has framed draft regulations for coal, metalliferous, and oil mines.
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