⚖️ Mines Act vs OSH Code — Exemption Limits
Simple comparison for mining students and professionals 🚧
📘 Quick Summary
The rules for when the Act/Code does NOT apply to prospecting or small quarries have shifted. The Mines Act had specific numbers (like 20 persons or 6 meters depth). The OSH Code removes these numbers from the Act and lets the Government decide them via "prescribed" rules.
📜 Old Law – Mines Act, 1952 (Sec 3)
The Act does NOT apply if:
- Prospecting: < 20 persons, depth < 6m (coal 15m), no underground.
- Quarries (Sand, Murrum etc.): < 50 persons, depth < 6m, no explosives, no underground.
📗 New Law – OSH Code, 2020 (Sec 68)
The Code does NOT apply to prospecting or minor mineral extraction (kankar, murrum, etc.) subject to conditions prescribed by the Central Government.
(Specific numbers like 20 or 50 persons are removed from the Section text.)
(Specific numbers like 20 or 50 persons are removed from the Section text.)
📊 Side-by-Side Comparison
| Aspect | Mines Act (Sec 3) | OSH Code (Sec 68) |
|---|---|---|
| Prospecting Limit | Max 20 persons, 6m depth (15m coal). | As prescribed by Central Govt. |
| Quarry Limit | Max 50 persons, 6m depth, no explosives. | As prescribed by Central Govt. |
| Defining Authority | Parliament (Fixed in Act). | Central Govt (Flexible via Rules). |
| Breach of Limits | Act applies immediately; notify authority. | Code applies immediately; notify authority. |
🔍 What Changed & Why It Matters
Under the old Mines Act, if the government wanted to change the exemption limit from 50 persons to 40 persons, they would have to amend the Act in Parliament. Under the OSH Code, they can simply issue a notification to change the "prescribed" numbers. This makes the law more flexible and responsive to safety needs.
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