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137. Telephone communication.- Every mine shall be connected preferably through wireless communication or telephonically with the rescue room and rescue station serving such mine:

Provided that where there is no communication system, the Chief Inspector-cum-Facilitator may by an order in writing and subject to such conditions as may specify therein, approve other means of communication.

138. Rescue tracings.- (1) There shall be kept at a below ground mine, more than three legible tracings of the working of the mine upto a date not before three preceding months.

(2) The tracing shall show the system of ventilation in the mine and in particular, the general direction of air-current, every point where the quantity of air is measured, every air-crossing, ventilation-door, stopping, booster fan and any other principal device for regulation and distribution of air, fire-dams, preparatory stoppings, every fire-fighting equipment, every water-dam with dimensions and other particulars of construction, every pumping, telephone and ambulance station, every room used for storing inflammable material, reserve stations and every haulage and travelling roadway.

139. Appointment of rescue trained persons in mines, their disposition and accommodation.

(1) The manager of a below ground mine, where more than 100 persons are ordinarily employed, shall ensure that at least 5 rescue trained persons are readily available at surface at any time.

(2) The manager of a below ground mine, where more than 500 persons are ordinarily employed, shall ensure that persons on a scale of one man for every 100 persons or part thereof are rescue trained persons.

(3) It shall be the responsibility of the employer to provide suitable accommodation-

(i) close to the rescue station to the superintendent, instructors and members of rescue brigade;

(ii) close to rescue room to rescue room in-charge rescue trained persons and attendants attached to it; and

(iii) close to below ground mine entrance to rescue trained persons other than those specified in clauses ( i ) and (ii).

(4) There shall be provided at a below ground mine effective bell or other arrangements, as may be approved by the Inspector-cum-Facilitator for immediate summoning of rescue trained persons.

140. Selection of persons for training in rescue work.- No person shall be selected for training in rescue work, unless such person-

(i) is between 21 and 40 years of age and holds a valid First-aid certificate from the institutes recognised by the Central or State Government ;

(ii) is certified by the manager that such person has sufficient underground experience for the purpose of rescue work;

(iii) is certified by a qualified medical practitioner, as may be designated by the manager after examination in accordance with the standard as may be specified by the Chief Inspector-cum-Facilitator through general or special order, to be free from any organic disease or weakness and to be fit for undertaking rescue work; and

(iv) is considered by the Superintendent of rescue station, after such examination and interview as Superintendent considers necessary, to be suitable for rescue work with breathing apparatus.

141. Instructions and practices etc.- (1) Every person selected for training in rescue work shall undergo the course of instructions and practices as may be specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time, until such person has passed and has been certified as efficient by the Superintendent .

(2) Rescue trained person shall undergo practices and receive instructions as may be specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time.

(3) A record shall be kept at every rescue station of all persons undergoing practices and receiving instructions and such record shall contain-

(i) the date and the character of each practice;

(ii) the medical condition of each person after the practice and if anything abnormal was observed in their condition, whether it was due to a defect of the apparatus or due to that person ; and

(iii) any other relevant information.

142. Medical examination etc. of rescue trained person.- Every rescue trained person shall be re-examined once at least in every twelve months by a qualified medical practitioner as may be designated by the manager in accordance with the standard as specified in FORM IX and in case such person is declared medically unfit, such person shall cease to be a rescue trained person with effect from the date such person has been so declared.

143. Suspension of rescue trained persons.-If in the opinion of the employer or an Inspector-cum-Facilitator, a rescue trained person is guilty of negligence or misconduct in the performance of their duties, may after giving such person an opportunity to provide a written explanation, suspend or debar such person from undertaking any rescue and recovery work.

144. Duties of manager etc. in emergency.- (1) On receiving information of any emergency likely to require the services of a rescue team, the manager or in absence of manager, the principal official present at the surface, shall immediately-

(i) inform the rescue room or the rescue stations serving the mine for necessary assistance;

(ii) summon rescue trained person employed in the mine;

(iii) inform the owner, agent or manager of nearby mines to make available the services of rescue

trained persons employed therein if so required;

(iv) inform the rescue station about the nature of the occurrence; stating whether assistance would be needed from the rescue station;

(v) summon medical assistance; and

(vi) send information of the occurrence to the Inspector-cum-Facilitator.

(2) All rescue and recovery work at a below ground mine shall be conducted under the control, direction and supervision of the manager of the mine or in absence of the manager, the principal official present at the surface:

Provided that in the event of a major emergency, such as ignition, explosion, underground fire or an accident involving a number of persons, the manager or the principal official shall, in taking decisions regarding rescue and recovery operations, take guidance from a group consisting of a senior official of the management , a representative each from the Director General of Mines Safety, concerned rescue station and the recognised Union of the Workers, so however manager or the principal official must take necessary decisions and direct the operations as the situation warrants, without waiting for the constitution or deliberations of the said group.

145. Accommodation at the below ground mine for persons engaged in rescue work.- (1) Whenever rescue trained persons are engaged in rescue or recovery work at a below ground mine, there shall be provided at such mine suitable accommodation for storage and charging of apparatus required for that work.

(2) Such accommodation shall be situated at a convenient place near the entrance in use and shall be properly ventilated and lighted.

(3) Adequate quantity of cool and wholesome drinking water and food shall be provided for the rescue workers.

146. Entry into below ground mines for rescue or recovery work.- (1) No person shall be allowed to enter a below ground mine or part thereof which is unsafe for the purpose of engaging in rescue or recovery work, unless authorised by the manager or by the principal official of the mine present at the surface.

(2) Only rescue trained persons shall be permitted to enter the mine for the purpose of using self-contained breathing apparatus.

(3) During the course of rescue or recovery work, person shall be stationed at the entrance to the below ground mine and shall keep a written record of all persons entering and leaving such mine and the time thereof.

147. Fresh air bases.- (1) The base shall be established in fresh air, as near to the irrespirable zone or zones based on safety consideration, every such base shall, if possible be connected by telephone,-

(i) if the base is below ground to the surface ; or

(ii) if the base is on the surface, to the shaft bottom.

(2) Except in cases where the delay involved may result in danger to life, rescue trained persons shall not proceed beyond any place where a base is to be established until there have been provided at such base,-

(i) two persons, of whom one shall be a qualified medical practitioner if practicable and other shall be a rescue trained person;

(ii) a spare team with rescue apparatus, ready for immediate service;

(iii) one or more reviving apparatus, oxygen revivers and like other apparatus,

(iv) first aid box and stretcher;

(v) apparatus for testing of carbon monoxide;

(vi) a hygrometer; and

(vii) two flame safety lamps.

(3) Whenever persons already at work beyond the fresh air base, there shall be provided at the base as soon as possible the persons, apparatus and equipment as specified in sub-rule (2).

148. Leader.- Every rescue team engaged in work with breathing apparatus in a mine shall be under a leader who shall be appointed by the superintendent.

149. Instructions to leader.- Prior to sending a rescue team underground, the superintendent or a person authorised shall give clear instructions to the leader of the team as to where it shall go and what it shall attempt.

150. Test of apparatus.- (1) Before proceeding below ground the leader shall test or witness the testing of self-contained breathing apparatus of the team for leakage.

(2) No such apparatus shall be used unless it is found safe.

(3) The leader shall check the equipment of team and immediately before entering irrespirable atmosphere shall make sure that all breathing apparatus are working properly.

151. Duties of leader below ground.- (1) The leader

(i) shall not be engage in manual work.

(ii) shall give attention solely to directing the team and to maintaining its safety.

(iii) shall examine the roof and supports during the journey and if there is any likelihood of fall at any place along the roadway, then, the leader shall not proceed further until the team has made the place secure.

(2) The leader shall keep the team together and shall not allow any member of the team to stray.

(3) If the atmosphere is clear, the leader shall, when passing the junction of two or more roadways, clearly indicate the route by means of arrow marks in chalk.

(4) If the atmosphere is obscure, the leader shall see that a lifeline is laid in from the fresh air base and shall not allow any member of the team to move out of reach of that lifeline or if that course is impracticable, the leader shall not proceed until every roadway branching of from the route is fenced across the whole opening.

(5) When using rescue apparatus, the leader shall carry a watch, shall record the pressure of the compressed oxygen at every intervals of twenty minutes and shall commence the return journey in ample time.

(6) During travelling the leader shall adopt the pace of slowest member and if any member of the team is in distress, shall immediately return to the fresh air base with the whole team.

(7) The leader shall not permit any member of the team using breathing apparatus in a mine to remain at work at any one time for a period longer than one and half hours or such other period as may be specified by the Chief Inspector-cum-Facilitator in respect of the breathing apparatus being used.

152. Rescue team members and their duties.-(1) The number of persons in any rescue team using breathing apparatus in a mine shall not be less than five and not more than six, including the leader.

(2) In event there is no provision in any of the breathing apparatus carried by the rescue team for extension for supply of oxygen to another person in an emergency the team shall carry a self-rescuer.

(3) Members of rescue team shall in general, use the signals as may be specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time, in communicating to one another.

(4) In travelling with rescue apparatus on, every member of the team shall keep the place given to them when numbering off and the pace is too quick or if distress is felt, the member shall at once call attention to the fact.

(5) Every member of a rescue team engaged in work with breathing apparatus in mine shall obey the order of the leader of the team.

153. Restriction of second spell of works.- No person shall commence a second or subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner.

154. Obligation of employer in certain situations.- Whenever emergency arises at a below ground mine, whether served by a rescue room or rescue station or not, the employer may seek assistance from the nearest rescue room or rescue station and in such an event-

(i) all possible assistance shall be promptly rendered by the rescue room or rescue station; and

(ii) the employer of the mine shall pay to the owner of the rescue station or rescue room, rendering such assistance, the full cost of rescue services and facilities borrowed.

155. General management.- The employer shall establish, maintain and ensure proper functioning of rescue room or rescue station as required under these rules, to appoint such persons, and to provide necessary rescue equipment and apparatus.

156. Power to relax.- The Chief Inspector-cum-Facilitator based on the recommendation of the committee constituted by Chief Inspector-cum-Facilitator may relax the conditions pertaining to a mine or rescue station or rescue room in these rules, the Chief Inspector-cum-Facilitator may by an order in writing and subject to such conditions as may be specified therein to grant relaxation from the said provisions.

157. Training Scheme.- (1) The employer of every mine shall ensure that a training scheme, based on the guidelines on the scheme of training, wherever no authority, specified by the Chief Inspector-cum-Facilitator for persons employed or to be employed in the mine:

Provided that the agent of the mine may submit the training scheme approved by the employer in writing.

(2) The Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator may by an order in writing, require such modification in the training scheme as may be specified therein.

(3) The scheme referred to in sub-rule (1) shall include, but not limited to, the following provisions, namely:-

(i) initial training for the persons to be employed in the mines;

(ii) refresher training for the persons already employed;

(iii) training in case of introduction of new technology, equipment or change in work procedure;

(iv) assessing current competencies of a person employed in the mine and prior learning, in establishing the training needs;

(v) assessing the training needs of persons working in mines for the safe performance of the mining operations;

(vi) appointing persons who are competent to give training and assess workers’ competencies;

(vii) keeping and auditing records of assessment undertaken and training imparted;

(viii) the relevant standards, modules or any other guidelines issued in this behalf by the Chief Inspector-cum-Facilitator; and

(ix) course material on various topics for different categories of persons for delivering lectures in vocational training centre.

158. Scope and standard for vocational training.-The owner or agent of every mine shall ensure that every person to be employed in a mine shall, before such person is employed, be imparted training as per the training scheme under these rule for such employment:

Provided that in case of a person who is already in employment in other mine, the owner shall ensure that such person is imparted training covering such additional course of training as specified under these rules.

159. Scope and standard for Refresher Training.- Every person in employment in a mine shall undergo the refresher training at least once in four years, as per training scheme:

Provided that the Chief Inspector-cum-Facilitator may by order in writing and subject to such conditions as may be specified therein increase or decrease the interval of Refresher training at a mine.

160. Arrangement for refresher training.-The refresher training shall be so arranged that the persons shall undergo training during normal working hours on full day release system:

Provided that the Chief Inspector-cum-Facilitator may by general or special order in writing subject to conditions as may be specified may exempt any mine from the provisions the of this rule.

161. Special training.- (1) In case new technology, equipment and system of work is introduced in the mine, the employer shall prepare and submit the training module, at least sixty days before such introduction, to the Chief Inspector-cum-Facilitator , who may at any time, by an order in writing, require such modification in the training module as may be specified therein.

(2) Persons to be employed in aforesaid technology, equipment and system of work shall undergo training as per the training scheme specified under these rules, based on the training module.

162. Training of persons after long absence or after an accident or change of job.-Wherever a person returns to employment in a mine, after an absence from work for a period exceeding one year or returns to work after being involved in a serious accident or in a dangerous occurrence which could have resulted in threat to life and safety or is re-employed on a job which is different from what such person had been performing earlier shall undergo training before employment as per the training scheme specified under these rules.

163. Training Centre.—(1) The employer of every mine shall provide and maintain a training centre which shall be adequate for the purpose of imparting the training required to be undergone by the persons who are employed or to be employed in the mine:

Provided that the Chief Inspector-cum-Facilitator may, by an order and for the reasons to be recorded in writing and subject to such conditions as may be specified therein, authorise that a common training centre may be provided and maintained in respect of two or more mines belonging to the same employer.

(2) The Chief Inspector-cum-Facilitator may permit in writing, subject to such conditions as may specify therein, a common training centre owned and maintained by a group of employers for imparting training in more than one mine:

Provided that where a common training centre is established and maintained by a group of employers of those mines shall nominate one among them to assume the responsibility of employers of the common training centre for management, supervision, direction and control there at and the nominated owner shall submit notice in writing to the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator.

(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2), the Chief Inspector-cum-Facilitator may approve in writing, subject to such conditions as may be specified therein, a training centre established under any other law for the time being in force subject to having such infrastructure and facilities as specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time, for imparting training under these rules.

(4) Every application for approval under sub rule (3) shall be made in a proforma and accompanied by a fee prescribed by the Chief Inspector-cum-Facilitator, based on recommendation of the committee constituted by the Chief Inspector-cum-Facilitator through general or special order issued from time to time.

164. Arrangements for the training centre.—Every training centre shall have such staff, equipment and other facilities as specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time.

165. Training Officer.— (1) Every training centre shall be placed under the charge of a training officer, possessing qualification and experience, as specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time.

(2) It shall be the responsibility of the owner or agent of the mine or the owner of common vocational training centre, as the case may be, to appoint the training officer specified under sub-rule(1):

Provided that in case of a training Centre, the person responsible for the management, control, supervision or direction of the training centre (hereinafter referred to as owner of approved training

centre), shall appoint the training officer.

(3) Notwithstanding anything contained in sub-rule (1), where the training officer is unable to perform duties by reason of temporary absence, illness or other cause, the owner, agent or manager, as the case may be, shall authorise in writing any other person having similar qualifications to act in their place:

Provided that no such authorisation shall have effect for a period exceeding thirty days, except with the previous consent in writing of the Chief Inspector-cum-Facilitator and subject to such conditions as may be specified therein.

(4) Every appointment, discharge, dismissal, resignation or termination of service of a Training officer and of the date thereof shall be sent by the owner or agent to the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator within seven days from the date of such appointment, authorisation, discharge, dismissal, resignation or termination of service as the case may be.

166. Duties of Training Officer.—(1) It shall be the duty of the training officer-

(i) to organise and supervise the training of every person undergoing training in pursuance of these rules;

(ii) to recognise current competency and prior learning in establishing for the training needs;

(iii) to ensure training as per the modules or curriculum prepared under the concerned training scheme framed under these rules for different categories of persons and ensure that the instructors deliver lectures on standard course material;

(iv) to maintain records of the training given to every person and to furnish monthly reports to the mine manager on the progress of the persons undergoing training;

(v) to maintain records of the supervision in respect of the practical training on actual operations; and

(vi) to discharge such other duties as may be necessary for the proper compliance of these rules.

(2) Every training officer shall keep a record of work and shall, at the end of every year, forward to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator having jurisdiction over the training centre, through the employer or the owner of a common training centre as the case may be, a summary of the report of work during the year.

167. Instructors. — The employer of mine or owner of the approved training centre shall appoint sufficient number of instructors having qualification and experience to impart training in vocational training centre:

Provided that, in special circumstances, officials may be called for from the mines, to deliver lectures and for demonstrations at the training centre.

168. Trainers.—For the purpose of the practical training referred to in these rules, every person to be employed in a mine shall be placed under the direct supervision of an experienced person of an appropriate category, employed on operations and authorised by manager hereinafter referred to as trainer.

169. Qualification of instructors and trainers.- No person shall function as an instructor or trainer unless such person possesses qualification, training and experience as specified by the Chief Inspector-cum-Facilitator, based on recommendation of the committee constituted by the Chief Inspector-cum-Facilitator, through general or special order issued from time to time

170. Duties of Instructor.— The instructor shall:-

(a) assess employees competency and deliver lectures on standard course material; and

(b) maintain records of training given to every person and to furnish weekly report to the training officer on the progress of the persons undergoing training.

171. Duties of trainer and persons undergoing training.- (1) The trainers shall be responsible for the safety of the persons undergoing training .

(2) The trainer shall monitor that the persons under their charge for training, pick up work, understand the dangers inherent in the job and develop habits, which would ensure safety in mines.

(3) The trainer shall monitor that the persons undergoing training move within the mine along with them.

(4) Every trainer shall monitor that the persons undergoing training under them, is aware of escape route from the sections where they are likely to work and other emergency response applicable to the trainee.

(5) Every person undergoing training shall, whilst under training, comply with the directions of the trainer under whom they are put in charge.

172. Training allowance.- (1) Every trainer shall, in addition to their normal wages, be paid by the owner, agent or manager of a mine, a training allowance for everyday a trainee has worked under their supervision as prescribed by the Chief Inspector-cum-Facilitator on recommendation of the committee constituted by the Chief Inspector-cum-Facilitator, through general or special order, issued from time to time .

(2) Every Instructor, other than the instructor under regular appointment at the training centre shall, in addition to their normal wages, be paid by the owner, agent or manager a training allowance for every day such trainer has imparted training in Vocational Training Centre, as specified by the Chief Inspector-cum-Facilitator on recommendation of the committee constituted by the Chief Inspector-cum-Facilitator, through general or special order, issued from time to time.

173. Certificate of training.-(1) Every person who undergoes a course of training specified in these rules shall, on completion of the training be assessed and subject to acceptable performance of the trainee, shall be granted a certificate duly signed by the training officer, in a Form to be specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time .

(2) Where the training officer is not satisfied with the progress or performance of any trainee, such person shall report the same to the manager of the mine, who may arrange to give them, further training.

(3) The manager of every mine shall counter sign and specify date on the certificate after being satisfied of the successful completion of training.

174. Certificate to be delivered to the management.- (1) Every person employed in a mine shall:-

(a) if has obtained training certificates prior to such employment; and

(b) obtained certificates during the course of employment, within such time as may be specified by the manager of the mine;

(2) the manager of the mine who shall keep the certificate in safe custody and issue a receipt for the same.

(3) On the termination of employment, certificate deposited under sub-rule (1) shall be returned to the employee.

175. Inspection of vocational training centre.-The Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator may enter, inspect and examine any training centre or any part thereof and make such examination or inquiry as thinks fit in order to ascertain whether the provisions of these rules and of any orders made thereunder are being complied with.

176. Notice of closure or discontinuance of vocational training centre.- When it is intended to close a training centre established under these rules or to discontinue the working thereof for a period exceeding sixty days, the employer of a mine or the owner of a common vocational training centre as the case may be, shall give a notice in the manner and form as may be specified by the Chief Inspector-cum-Facilitator through general or special order issued from time to time stating the reasons for such closure or discontinuance, not less than thirty days prior to such closure or discontinuance:

Provided that the employerof the mines shall give notice forthwith when on account of unforeseen circumstances a training centre is closed or discontinued before the said notice has been given or without previous intention the discontinuance extends a period of sixty days.

CHAPTER XII OFFENCES AND PENALTY

177. Manner of holding enquiry.- (1) When a complaint is filed before the officer appointed under sub-section (1) of section 111 in respect of the offences referred to in said sub-section, by an Inspector-cum-Facilitator, the officer after considering such evidences as produced by the Inspector-cum-Facilitator, is satisfied that an offence has been committed, shall issue summons to the accused on the address specified in the complaint and fix a date for appearance.

(2) The authorisation to appear on behalf of either of the parties, shall be presented to the officer under sub-rule (1) during the hearing of the complaint and shall form part of the record.

(3) If the accused to whom the summons has been issued under sub-rule (1) appears or is produced before the officer, he shall explain the accused regarding the offence against which the enquiry has been initiated, and

(a) If the accused pleads guilty, the officer shall impose penalty on him in accordance with the provisions of the Code and

(b) If the accused does not plead guilty, the officer shall proceed with the enquiry, issue summons to any person acquainted with facts and circumstances of the case, and appoint a specified date for next hearing.

(4) On such appointed date, the officer shall record all evidences produced by the accused and the Inspector-cum-Facilitator, whether documentary or by the witnesses on oath and provide opportunity of cross examination of the witnesses so produced.

(5) The officer shall after hearing the parties and considering the evidence so produced whether oral and documentary, shall decide the complaint in accordance with the provisions of the Code.

(6) The officer shall, while passing an order, record -

(a) the particulars of the complaint;

(b) the details of the parties;

(d) the pleadings of the parties;

(e) summary of evidence including cross-examination;

(f) findings and reasons; and

(g) penalty imposed, if any.

(7) In case, the accused or his representative fails to appear without any sufficient cause on two consecutive dates, the officer may proceed to hear and determine the complaint ex-parte:

Provided, in case where Inspector-cum-Facilitator fails to appear or through his representative without any sufficient cause, on the specified date, the officer may dismiss the complaint.

(8) Officer may allow for adjournment of the proceedings on receipt of application either from the Inspector-cum-Facilitator or the accused:

Provided that not more than three adjournments shall be allowed:

Provided further that the officer may at his discretion permit hearing the parties or any of the party, as the case may be, through video conferencing.

(9) The officer shall endorse or cause to be endorsed on each document, the date of its presentation or receipt, as the case may be, and if the documents are submitted electronically, endorsement shall be made electronically.

(10) The parties to the issue or their authorised representative under sub-rule (2) shall be entitled to inspect any complaint or any other document filed with the officer.

(11) The officer may refuse to entertain a complaint, if he is satisfied that the complaint is incomplete and may request the Inspector-cum-Facilitator to rectify such defects within the time specified by him for such purpose:

Provided that if the officer is of the opinion that it is not possible to rectify such defects in the complaint, he may return such complaint indicating the defects.

(12) Where the complaint is presented after rectification of the defects, the date of such re-presentation shall be deemed to be the date of presentation for the purpose of sub-section (1) of section 111 of the code.

(13) The officer may, after giving the Inspector-cum-Facilitator an opportunity of being heard, refuse to entertain a complaint, if he is satisfied for reasons to be recorded in writing, that-

(a) the complainant has filed the complaint beyond six months from the date on which the offence complained is committed;

(b) the complainant fails to comply with the directions given by the officer.

(14) (i) Any person aggrieved by an order made by the officer may prefer an appeal, in manner, form and with applicable fee as prescribed by Central Government through general or special order, to the appellate authority to be appointed under sub-section (3) of section 111, within sixty days from the date on which the copy of the order referred under sub-rule (6) made by the officer is received by the aggrieved person.

(ii) The appellate authority appointed under sub-section (3) of section 111, after giving the parties to the appeal an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against, within a period of sixty days from the date of receipt of appeal.

178. Onus as to age.- The medical authority referred to in sub-section (2) of section 117 shall be a medical practitioner as referred, who possesses any recognised medical qualification as defined in the National Medical Commission Act, 2019 (30 of 2019) and enrolled on a State Medical Register as defined in the National Medical Commission Act, 2019.

179. Procedure of inquiry and other related matters.- (1) Wherein any workplace an accident causing death or serious bodily injury takes place or there is an occurrence of any dangerous occurrence or cases of any occupational disease as specified in the Third Schedule to the Code has been reported or is suspected to have been contracted, the Central Government, as the case may be, appoint one or more persons possessing legal and special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident or occupational disease.

(2) The competent person appointed under sub-rule (1) shall carry out the inquiry into the causes of the accident or dangerous occurrence along with identification of the hazardous condition for which competent person has reasonable evidence to conclude and to be recorded in writing in the inquiry report, has caused the accident or the dangerous occurrence and also identify the persons which the competent person believes, based on findings, to be responsible for such accident or occurrence, as the case may be.

(3) The inquiry report shall contain conclusive findings of the inquiry along with the recommendations for prevention of such accidents or dangerous occurrences of occupational diseases containing suggestions for implementation to prevent re-occurrence.

(4) In event of dock work, any competent person appointed by the Central Government for the purposes of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected with the dock work under the provision of section 121 of the Code shall make the inquiry in the following manner, namely-

(i) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than thirty days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person:

Provided that,—

(a) with the consent of such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and

(b) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances;

(ii) the notice given under clause (i) shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry;

(iii) without prejudice to the foregoing provisions of this sub-rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject-matter of the inquiry, take one or more of the following steps, namely:-

(a) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality or area in which the subject-matter of the inquiry arose; and

(b) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in clause (a) of this rule shall not apply to any such notices.

180. Persons to appear at inquiry.- (1) The person entitled to appear at the inquiry shall be—

(a) any enforcement authority concerned;

(b) any employers association or Trade Union of employees;

(c) any person who was injured or suffered damage as a result of the accident, occurrence, situation, disease or other matter which is the subject of the inquiry, or their representative;

(d) the employer of any premises in which the accident, occurrence, situation or other matter occurred or arose;

(e) any person carrying on work giving rise to the accident, occurrence, situation or other matter which is the subject of the inquiry; and

(f) any other person at the discretion of the appointed competent person making inquiry.

(2) The following shall represent at the inquiry, namely:—

(a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;

(b) a Government department, an employers association or a Trade Union may be represented by a counsel or a solicitor;

(c) where there are two or more persons having a similar interest in the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.

(3) The competent person appointed by the Central Government under section 121 of the Code, may, either on their own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing before competent person likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified in the notice to give evidence or produce the document.

(4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either on or before the inquiry to vary or set aside the requirement and where that person does so before the inquiry, such person shall give application to the competent person.

(5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person and contrary to the principles of natural justice who shall state at the commencement of the hearing the procedure, which subject to consideration of any submission by the persons appearing at the inquiry, proposing to adopt and inform those persons what is proposed with regards to any site inspection arising out of the hearing.

(6) In case of mines, the persons appointed to hold inquiry under section 121 shall hold the inquiry in public in such manner and under such conditions as the competent person thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the competent person to make the report.

(7) Where on inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the competent person may direct the recovery of the expenses of such competent person including any expenses incurred with the previous sanction of the competent person and any other expenses connected with the enquiry which the court may direct as recoverable from the owner of the mine concerned, in such manner and within such time as the competent person may specify.

(8) The amount directed to be recovered under sub rule (7) may, on application by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator to the concerned authority, be recovered from the employer.

(9) An Inspector-cum-Facilitator nominated in this behalf by the Central Government, shall act as the Secretary to the competent person.

(10) The inquiry or the survey, as the case may be, shall be completed and submitted to the Central Government, within a period of three months from the date of the order through which it is constituted.

181. Procedure of survey and other related matters.- (1) The Central Government may direct Directorate General Occupational Safety and Health or Directorate General Mines Safety or any other institution under the control of the Central Government, to appoint a committee to undertake a survey on the situation relating to safety and health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees within and in the vicinity of the workplace.

(2) The committee shall carry out the survey with a view to finding out the status of safety and health at work the workplace and its effect on the workers.

(3) The report of the committee to be submitted to the Central government shall be of status of an inspection report and contain conclusive findings of the survey along with the recommendations for improving the status of occupational safety and health for prevention of accidents or dangerous occurrences or occupational diseases as the case may be and containing suggestions for implementation thereof for compliance which shall be ensured by the Inspector-cum-Facilitator.

182. Manner of compounding of offences by the authorised officer.-(1) The officer notified by the Central Government for the purposes of compounding of offences under sub-section (1) of section 114 shall on an application in FORM- XXVI by an accused person desirous of making composition of a compoundable offence, before or after holding the enquiry or as the case may be, of institution of prosecution, issue electronically a compounding notice in Form-XXVII to such person for the offence for which is compoundable under sub-section (1) of section 114 of the Code.

(2) The person so noticed under sub-rule (1) may apply to the officer in Part-III of Form-XXVII, electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.

(3) The officer referred to in sub-rule (1) shall issue a composition certificate in Part IV of FORM-XXVII within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.

(4) If a person so noticed fails to deposit the composition amount within the time specified, the prosecution shall be instituted after one month from the last date of specified time before the court against such person for the offences in respect of which the compounding notice was issued.

(5) For compounding of an offence, where the prosecution has already been instituted in a court, the officer referred to in sub-rule (1) shall send a copy of such order for intimation to the concerned court for further action.

CHAPTER-XIII SOCIAL SECURITY FUND

183. Social Security Fund. - Social Security Fund set up under section 141 of the Code on Social Security, 2020 (36 of 2020) shall be deemed to have been set up under section 115 of the Code, including other sources of fund and the manner of administering and expending the fund for welfare of the unorganised workers.

CHAPTER XIV MISCELLANEOUS

184. Grievance redressal mechanism for contract labour.-

(1) The contract labour may submit grievance relating to health, working conditions and wages, at the level of principal employer, who shall look into the matter and redress grievance.

(2) A committee shall be constituted by the principal employer in whose establishment contract labour is employed and the committee shall comprise of a chairman, who shall be the authorised representative of the principal employer and shall have representative of principal employer and contractor.

(3) The committee shall hear and dispose of the grievance of the contract labour within a period of thirty days.

(4) In event the grievance is not redressed within thirty days, the principal employer shall forward the grievance to the concerned Inspector-cum-Facilitator electronically.

(5) The Inspector-cum-Facilitator, upon receipt of the grievance forwarded under sub-rule (4), shall inquire into the matter and take appropriate action for its disposal, and shall ensure that the grievance is resolved within a period not exceeding sixty days from the date of its receipt.

185. Annual increment of regular worker of a contractor.- A worker who is regularly employed by the contractor for any activity and employment of such worker is governed by mutually accepted standards of the condition of employment shall be such that such worker gets an annual increment of not less than two percent of their wages.

186. Income from sources and quantity of hazardous substance.- Income from sources under Explanation to clause (x) of sub-section (1) of section 2 and substance or quantity of substance under clause (zb) of said sub-section shall be specified through general or special order by Central Government issued from time to time.

ANNEXURE- I

List of contents of First Aid Box as provided under rule 54(ii): -

1. Appropriate number of small, medium and large sized sterilized dressings pads

2. Appropriate number of large size sterilized burn dressings pads

3. Appropriate number of packets of sterilized cotton

4. Sufficient quantity of Cetrimide solution (1%-3%) or a suitable antiseptic solution (10% Povidone Iodine)

5. Pair of scissors, Tweezers, Tourniquet and disposable gloves

6. Adequate adhesive Tapes and adhesive Bandage Tape of different sizes.

7. Adequate Elastic crepe bandages of different sizes.

8. Sterilized eye pads.

9. Strips containing analgesic (Paracetamol-650 mg) and Antacid and adequate number of ORS Sachets.

10. Pain relief / analgesic spray

11. Polythene wash bottles (Normal Saline or Distilled Water)

12. Adequate Roller bandages of different sizes.

13. Adequate and suitable splints.

14. Resuscitation equipment such as ambu bag.

15. Tablets such as Asprin, Isosorbide Di-nitrate.

16. Anti-allergic medicine, eye drops

17. One copy of First-aid leaflet which includes emergency contact numbers of nearby hospitals.

ANNEXURE- II

List of equipment for ambulance room as provided under rule 55(ii):-

1. Glazed sink with hot and cold-water supply

2. Table with Chairs, Refrigerator

3. Suitable solution or Equipment for medical instruments sterilization

4. Patient Examination table or couch with pillow, Washable Rubber Sheets, Blankets, Towels

5. Appropriate number of Medium size sponge forceps

6. Kidney tray

7. Antiseptic soaps

8. Clinical thermometers

9. Hand torch

10. Adequate number of tetanus toxoid injection

11. Tablets – Antihistaminic, Antispasmodic, Antipyretic (Paracetamol), Antacid, Antiemetics

12. Tablets-Isosorbide Dinitrate (5 mg), Aspirin (75mg) + Atorvastatin (20mg) + Clopidogrel (75mg)

13. ORS Sachets

14. Injection: Atropine, Adrenalin, Hydrocortisone, Furosemide, local anaesthetics

15. Disposable Syringes with needles of different sizes and needle holder

16. Suturing needles and materials

17. Pair of dissecting forceps

18. Pair of dressing forceps

19. Pair of artery forceps

20. Surgical scissors

21. Scalpel

22. Stethoscope

23. Rubber bandage – pressure bandage

24. Oxygen cylinder/Oxygen Concentrator with necessary attachments

25. One Blood Pressure apparatus

26. Appropriate number of Normal Saline Bottle, Ringer Lactate Solution, 5% Dextrose Solution, 25% Dextrose Solution.

27. Green (18G), Pink (20G) and Blue (22G) Intravenous (IV) Cannula and suitable fixator

28. Disposable Intra venous Infusion Set

29. Intravenous Infusion Stand

30. Blood Glucose Monitoring Kit

31. Biomedical Waste Management Bins as per statutory requirement

32. Adequate number of Plain wooden splints of appropriate sizes or any other suitable splints

33. Wheelchair

34. Scoop stretcher

35. Adequate small, medium and large sterilized dressings

36. Adequate sterilized burn dressings

37. Adequate packets of sterilized cotton

38. Antiseptic solution like Cetrimide (1%-3%) or Povidone Iodine (10%) solution

39. Roll of adhesive bandages and adhesive Tapes of different sizes.

40. Elastic crepe bandages of different sizes.

41. Adequate Pieces of sterilized eye pad.

42. Adequate roller bandages of different sizes.

43. Tourniquet

44. Disposable gloves

45. Tweezers

46. Pulse Oximeter.

47. Suitable Suction unit with equipment

48. Resuscitation equipment such as Automated External Defibrillator and ambu bag.

49. Any other equipment recommended by the qualified medical practitioner according to the specific need.

ANNEXURE- III

List of contents of first aid box in case of mines as provided under rule 54(iii) :-

(i) Wound Care:

(a) Sterile adhesive bandages in various sizes (e.g., small, medium, large)

(b) Sterile gauze pads and dressings with advanced wound-healing properties

(d) Antiseptic wipes or solution for wound cleaning

(e) Skin closure strips for small cuts and lacerations

(f) Disposable gloves (latex-free or nitrile)

(g) Scissors with rounded tips

(ii) Cardiopulmonary Resuscitation and Resuscitation:

(a) Pocket mask or face shield with one-way valve for administering Cardiopulmonary Resuscitation safely

(b) Disposable resuscitation bag-valve-mask device with Positive End-Expiratory Pressure valve (positive end-expiratory pressure)

(iii) Medications and Ointments:

(a) Antiseptic ointment with broad-spectrum antimicrobial properties

(b) Hydrocortisone cream for insect bites and skin irritations

(d) Antihistamines for allergic reactions, available in various formulations (tablets, liquid, etc.)

(e) Aspirin for suspected cardiac events

(f) Sugar sachets

(iv) Bandages and Dressings:

(a) Elastic bandages with self-adhesive properties and Ice pack box with ice bags for sprains and strains

(b) Non-stick wound dressings or pads with enhanced absorbency

(d) Hydrogel burn dressings for immediate cooling and pain relief

(e) Sterile burn sheets with hydrogel coating

(f) Burn gel or spray with a soothing effect

(v) Equipment and Tools:

(a) Digital thermometer for accurate temperature readings

(b) Suction apparatus, Stiff neck collar, Airway, Artificial manual breathing unit bag, Finger probe pulse oximeter

(vi) High-quality flashlight with adjustable brightness.

ANNEXURE- IV

List of equipments for Ambulance Room in case of mines as provided under rule 55(iii) :-

(i) Advanced Medical Equipment:

(a) Portable oxygen cylinder with a regulator and various oxygen delivery devices (nasal cannula, mask)

(b) Nebulizer for administering respiratory medication efficiently

(d) Automated External Defibrillator (AED) with the latest technology and features

(e) Blood pressure monitor for accurate blood pressure readings

(f) Glucometer with test strips for blood glucose level assessment

(ii) Sanitation and Hygiene:

(a) Hand sanitizers with at least 60% alcohol content

(b) No-touch waste disposal containers for biohazardous waste

(iii) Patient Transport:

(a) Electric or hydraulic adjustable examination table with padding and safety features for patient comfort and ease of assessment.

(b) Portable patient transfer chair or stretcher with locking wheels for safe and efficient patient transport within the facility.

(iv) Hygiene and Wound Care:

(a) Glazed sink with infrared sensor for hands-free operation, equipped with an integrated soap dispenser and paper towel dispenser.

(b) Antimicrobial soap with moisturizing properties for effective handwashing

(v) Wound Dressings and Supplies:

(a) Advanced wound dressings with hydrogel or silver-based technology for better wound healing and infection prevention.

(b) Sterile silicone dressings with adhesive properties that do not damage the skin during removal.

(d) Transparent film dressings with enhanced breathability for covering and monitoring wounds.

(e) Sterile foam dressings for exuding wounds with high absorption capacity.

(f) Nasal suction bulb

(vi) Antiseptic Solutions:

(a) Sterile saline solution or wound wash for gentle wound irrigation.

(b) Sterile wound cleansing wipes with skin-friendly antiseptic properties.

(vii) Patient Comfort and Warmth:

(a) Soft fleece blankets with moisture-wicking and thermal-regulating properties for patient comfort and warmth.

(b) Reusable instant heat packs with advanced heat-retaining materials for on-demand warmth.

(viii) Splints and Support:

(a) Malleable, vacuum-formed, or inflatable splints with adjustable properties for better immobilization and support.

(b) Elastic cohesive bandages with self-adhesive properties for secure and comfortable support.

(ix) Emergency Equipment: Pressure bandage for controlling severe bleeding effectively.

(x) Temperature Assessment: Non-contact infrared thermometers for quick and hygienic temperature assessment.

(xi) Medications and Administration Equipment: Emergency medications and equipment as prescribed by a qualified medical practitioner,

(xii) Emergency Medications: Adequate supply of anti-tetanus serum and other emergency medications as prescribed by a qualified medical practitioner.

(xiii) Medical Appliances:

(a) One Stethoscope and one Automated blood pressure monitor with digital display and adjustable cuffs for accurate readings.

(b) One Electro Cardio Graph machine

(c) One each of Suction apparatus, Stiff neck collar, Airway, Artificial manual breathing unit bag, Finger probe pulse oximeter.

ANNEXURE-V

List of equipment for first aid station in case of mines as provided under rule 54(ix)(B)

(i) One stretcher with two blankets

(ii) Inflatable splints

(iii) Patient Examination table

(iv) First aid box contains materials as prescribed in Annexure-I

ANNEXURE- VI

LIST OF EQUIPMENTS FOR MEDICAL FACILITIES ROOM OR DISPENSARY as provided under

rule 63(ii) :-