Section – 68. Code not to apply in certain cases.
(1) The provisions of this Code, except those contained in sections 35, 38, 40, 41 and 44, shall not apply to—
(a) any mine or part thereof where excavation is carried out only for prospecting purposes and not for obtaining minerals for use or sale, subject to conditions relating to number of employees, depth of excavation and other matters as prescribed by the Central Government;
(b) any mine engaged in extraction of materials such as kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding and glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fullers earth (marl, chalk) and limestone, subject to prescribed conditions relating to workings, open cast operations and use of explosives.
(2) Notwithstanding sub-section (1), the Central Government may declare that the provisions of this Code shall apply to any such mine or part thereof as may be specified.
(3) Without prejudice to sub-section (2), if at any time the conditions specified in clause (a) or clause (b) of sub-section (1) are not fulfilled, the provisions of this Code shall immediately become applicable, and the employer shall inform the prescribed authority about such non-compliance in the prescribed manner and within the prescribed time.