⚖️ Mines Act vs OSH Code — Special Powers of Inspectors
Simple comparison🚧
📘 Quick Summary
Both laws give Inspectors (now Facilitators) the power to stop work if they find a danger that isn't covered by written rules. The powers remain largely the same, but the appeal process has been made faster in the new OSH Code.
📜 Old Law – Mines Act 1952 (Sec 22)
If an Inspector finds a danger not expressly provided for, he can issue a notice. If not remedied, he can prohibit employment. Appeals went to the Central Government, which referred the matter to a Committee within 2 months.
📗 New Law – OSH Code 2020 (Sec 38)
The Inspector-cum-Facilitator retains the same powers to issue notices and prohibit employment. However, appeals to the Central Government are now decided directly (ordinarily within 1 month) without referring to a Committee.
📊 Side-by-Side Comparison
| Aspect | Mines Act 1952 (Sec 22) | OSH Code 2020 (Sec 38) |
|---|---|---|
| Designation | Chief Inspector / Inspector | Chief Inspector-cum-Facilitator |
| Power to Prohibit | Yes, if notice is not complied with. | Yes, same power maintained. |
| Final Appeal Authority | Central Govt (refers to a Committee). | Central Govt (Decides directly). |
| Decision Timeline | Ordinarily within 2 months. | Ordinarily within 1 month. |
| Wages during stoppage | Full wages or alternative job. | Full wages or alternative job. |
🔍 What Changed & Why It Matters
The biggest change is procedural. Under the old Mines Act, the Central Government had to form a Committee to decide on appeals regarding these special orders. The OSH Code removes the "Committee" step, allowing the Central Government to decide directly and faster (1 month instead of 2).
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