Who can work in a mine: the age rule in section 40 of the Mines Act 1952

Last updated 25 Oct 2026 · India

Short answer. Section 40 of the Mines Act 1952 says no person below 18 years of age shall be allowed to work in any mine or part of a mine. As an exception, apprentices and other trainees not below 16 years may be allowed by the manager to work under proper supervision; for trainees who are not apprentices, the prior approval of the Chief Inspector or an Inspector is needed. Section 45 separately bars the presence of persons below 18 in parts of a mine where mining operations are carried on.

What the manager should check

Age proof for every new entrant before Form B registration and token issue.
For apprentices and trainees aged 16 to 18: written supervision arrangement and the training programme.
For non-apprentice trainees: the Inspector's prior approval on file.
Contractor workers: the same age rule applies; check the contractor's records.

For exam preparation

Key numbers: 18 (general bar), 16 (apprentices and trainees under supervision).
Know the difference between section 40 (working) and section 45 (presence).

Common mistakes

Assuming contractor workers are outside the rule.
No age proof on file for young entrants.
Trainee without supervision or without the Inspector's approval where it is needed.

Frequently asked questions

What is the minimum age to work in a mine in India?

18 years, under section 40 of the Mines Act 1952.

Can a 16-year-old work in a mine?

Only as an apprentice or trainee, under proper supervision, as section 40(2) allows; trainees other than apprentices need the prior approval of the Chief Inspector or an Inspector.

Which section bars persons under 18 from being present in a mine?

Section 45 of the Mines Act 1952.

Official sources

Not legal advice. This is a free study note on the Mines Act 1952; read the full section on India Code and current DGMS circulars before relying on it. Last checked 25 Oct 2026.

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