The Mines Rules, 1955 CONTENTS CHAPTER T PRELIMINARY Short title and application Definitions . CHAPTER II Term of office .... Secretary of the Committee Remuneration Resignation Absence from India .. Notification of vacancies Disposal of business Time and place of meetings Notice of meetings Presiding at meetings .. Quorum... Decision by majority Minutes of the meetings Allowances to non-official members Correspondence and Accounts Appearance at hearings .... Proceedings to be in camera ... CHAPTER IIT COURT OF INQUIRY Court of Inquiry to be public .. Recovery of expenses [63] Pages 68 68 69 69 69 69 69 69 70 70 70 70 71 7 71 7 7 R 72 2 2 72Rules 23. 24, aA, 26. 2, 28. 29. 29-A. 29-B. 29-C. 29-D. 29-E, 29-F. 29-G. 29-H. 29-1. 29-J. 29-K. 29-L. 29-M. 29-N. 29-0. 29-P. 29-Q. 29-R. 29-S. 29-T. 29-U. 29-V. MINES RULES, 1955 CHAPTER IV CERTIFYING SURGEONS Powers of Certifying Surgeon Duties of Certifying Surgeon Certificate of fitness Duplicate certificate Re-examination Fresh examination Metal Tokens .... (CHAPTER [V-A. MEDICAL EXAMINATION OF PERSONS EMPLOYED OR TO BE EMPLOYED IN MINES Applicability of this chapter .. Initial and periodical medical examinations .. Examining authorities Notice of medical examination Failure to undergo medical examination Standard and report of medical examination Retention and transfer of medical certificates Identity of candidates Medical examination of women Appeal for re-examination Constitution of Appellate Medical Board .. Standard and report of medical re-examination by the ae Medical Board Unfit persons not to be employed Compensation for industrial disease Cost of medical examination .... ‘Annual retums CHAPTER IV-B WORKMEN’S INSPECTOR AND SAFETY COMMITTEE Workmen's Inspector .. Duties of workmen's inspector Action on the report of workmen's inspector Safety committee .... Composition of safety committee Functions of safety committee Pai B 80 80. 81 81Rules 29-W. 30. 31. 32. a3: 34, 35. 36. 37. 38. 39. 40. 41, 42. 43. 44, 45. 45-A. 47. 48. 49. 50. Si. 52. 53. 54. 55. 56. ‘MINES RULES, 1955 Implementation of recommendations of the safety committee ...... (CHAPTER V HEALTH AND SANITATION PROVISIONS Quantity of drinking water .. Storage of drinking water Decision of Chief Inspector final .. Surface latrines and urinals Standards of construction Sign Boards to be displayed .. Provision of water for washing ete. Underground latrines Sanitation .... Obligation of work persons CHAPTER VI FIRST AID AND MEDICAL APPLIANCES ‘Arrangements for training persons in first-aid etc. First Aid qualifications .... First Aid personnel First-aid rooms . First Aid Station: Carrying of first-aid outfit by officials Medical attention in case of injury... CHAPTER VIT EMPLOYMENT OF PERSONS Persons holding positions of supervision or management etc. Weekly day of rest Notice regarding hours of work Compensatory days of rest Exemption from hours and limitation of employment Termination of employment .. Employment of apprentices and trainees Cuaprer VIII LEAVE WITH WAGES AND OVERTIME Register of leave with wages . Information regarding leave with wages .. Axrears of leave ... Payment of leave wages due if a person dies .. 87 87 87 88 88 88 88 89 89 89 8966 Rules 57. 58. 59, 61. 62. BIRRSD 69, 70. Fy. 72. 7. 74, 73. 76. 77. T7-A. 7B. 79. 80. 81. 82. 82-A. 83. 83-A. MINES RULES, 1955 Leave with wages register for exempted mines .. Period of continuous service .. Overtime Register Extra wages for overtime .... Cases of exemption under Section 56 .. CHAPTER IX WELFARE AMENITIES Provision of Shelters .... Standards of Shelters ... Provision of canteens ... Standards of canteen Furniture and equipment . Cleanliness . Maintenance of canteens and provisions of staff Canteen Managing Committee ... Prices to be charged . Accounts .. Welfare Officers Duties of Welfare Officers Conditions of service CHAPTER X REGISTERS, NOTICES AND RETURNS Maintenance and production of reports, registers and other records. Registers of reportable and minor accidents Register of employees Identity tokens Register of daily attendance Postings of abstracts, bye-laws and notices ...... CHAPTER XI MISCELLANEOUS Observance of local time .. Intoxicating drugs and drinks . Occupational diseases ... Disability allowance and compensation for occupational diseases . Mode of payment of fees etc. Appeals to the Chief Inspector Page 98 98 98 98 99 99MINES RULES, 1955 67 Rules Pages CHAPTER XII RESCISSION AND SAVINGS 84. Rescission and Savings 99 FIRST SCHEDULE ... 101 FORMS . 101 SECOND SCHEDULE 119 ‘Trp SCHEDULE . 119 FOURTH SCHEDULE ... 120 ‘FIFTH SCHEDULE 121 ‘SixTH SCHEDULEThe Mines Rules, 1955: In exercise of the powers con-ferred by Section 58 of the Mines Act, 1952 (35 of 1952), the Central Gov-ernment hereby makes the following rules the same having been previously published as required by sub-section (1) of Section 59 of the said Act, namely:— CHAPTER I PRELIMINARY 1. Short title and application —(1) These rules may be called the Mines Rules, 1955. (2) Except as otherwise expressly provided, the rules shall apply to every mine of whatever description to which the Act applies, 2. Definitions.—In these rules, unless there is anything repugnant in the subject or context— (a) “the Act” means the Mines Act, 1952 (35 of 1952); (6) “court of inquiry” means a court of inquiry appointed under Section 24 of the Act; (c) “form” means a form as given in the First Schedule; (d) “section” means a section of the Act; (e) “schedule” means a schedule appended to these rules; ( “manager” includes Mine Superintendent who is appointed by the owner or agent of a mine under Section 17 of the Act and as such, responsible for the control, management, *[supervision] and direction of a mine; (g) “certifying surgeon” means a qualified medical practitioner appointed to be a certifying surgeon under Section 11; 3[(4)] “calendar year” means a year from the first day of January to the thirty-first day of December; 4{@ “Officer-in-charge Canteen” means the person (other than the manager) whom the owner or agent may appoint for securing compliance with the provisions in respect of canteens;] 5{{@)] “ordinarily employed” with reference to any mine or part thereof, means the average number of persons employed per day in the mine or part of mine during the preceding "[calendar year] (obtained by 1. Vide $.R.O. 1421, dt, 27-1955, published in the Gazette of India, 1955, Pt II, S. 3, 2. Ins. by GSR. 1886, dt. 14-12-1965. . Existing clause (1) omitted & clause (i) relettered as clanse (h) by G.S.R. 1886, dt. 14-12-1965, . Ins, by GSR. 316, dt. 14-4-1986 (wef. 26-4-1986). Ins. by GSR. 1886, dt. 14-12-1965. . Existing clause (i) renumbered as clause ()) by G.S.R. 316, dt. 14-4-1986 (w.e-. 26-4-1986). Prior clause (f) was omitted by G.S.R. 1786, dt. 0-9-1970, 7. Subs. for “quarter” by G.S.R. 1786, dt. 30-9-1970, [68] p.1172.R.8] MINES RULES, 1955 69 dividing the number of mandays worked by the number of working days excluding rest days and other non-working days).] CHAPTER II 8[COMMITTEE] °[3. Term of office.—The terms of office of the members referred to in clauses (©), (@) and (¢) of sub-section (1) of Section 12 of the Act, shall be three years from. the date on which their appointment is notified in the Official Gazette: Provided that members shall, notwithstanding the expiry of a period of three years, continue to hold office until the appointment of his successor is notified in the Official Gazette: Provided further that a member appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette. 4, Secretary of the Committee—An Inspector of Mines nominated in this behalf by the Chief Inspector shall act as the Secretary to the Committee. 5. Remuneration—Members of the Committee shall receive such honorarium as the Central Government may fix.] 6. 10p% % #y 7. Resignation —(1) A member other than the Chairman may resign his office by writing under his hand addressed to the Chairman. (2) The Chairman may resign his office by writing under his hand addressed to the Central Government. (3) The resignation referred to in sub-rule (1) or sub-rule (2) above shall take effect from the date of its acceptance [or on the expiry of thirty days from the date of receipt of such resignation, whichever is earlier] by the Chairman or the Central Government as the case may be. 8. Absence from India.—(1) Before a member leaves India— (a) he shall intimate to the Chairman the date of his departure from and the date of his expected return to India; (®) if he intends to be absent from India for a period longer than six months, he shall tender his resignation. (2) If any member leaves India without taking the action required by sub-rule (1) he shall be deemed to have resigned with effect from the date of his departure from India. 8. Subs. for “Mining Board” by G.S.R. 316, dt. 144-1986 (wef. 26-4-1986), 9. Subs. by GSR. 316, dt. 14-4-1986 (wee. 26-4-1986) 10. Omitted by GSR. 316, dt, 14-4-1986 (wef. 26-4-1986) 11. Ins. by SR.O. 2062, dt. 14-6-1957.70 MINES RULES, 1955 [R.9 9. Notification of vacancies—(1) The Chairman shall inform the Central Government as soon as a vacancy occurs in the membership of the !2[(Committee] by the resignation or death of a member. (2) In case such a vacancy occurs by the death of the Chairman, informa-tion shall be furnished to the Central Government by the Chief Inspector or the Inspector '3[appointed] to the '“[Committee] by the Central Government as the case may be. 10. Disposal of business —(1) All questions which the [Committee] is required to consider shall be considered either at its meetings or by circulation of papers as the Chairman may direct: Provided that papers need not be circulated to any member who is absent from India at the time. (2) When a question is referred by circulation of papers any member may request that the question be considered at a meeting of the }[Committee], and thereupon, the Chairman may direct that it be so considered: Provided that if three or more members make such a request, the Chair-man shall direct that it be so considered. 11. Time and place of meetings —The [Committee] shall meet at such places and times as may be appointed by the Chairman. 12. Notice of meetings. —(1) The Secretary to the !8[Committee] shall give at least fourteen days’ notice to every member of the '"[Committee] present in India of the time and place fixed for each meeting and shall send to every such member agenda of business to be disposed of at that meeting not less than seven days before the meeting: Provided that when an emergent meeting is called, at least two days’ clear notice shall be given. 2((L-A) ***] 21[(2) Notices referred to in sub-rule (1) shall be delivered at or posted to, the usual place of residence of the member.] 22{(3)] No business which is not on the agenda shall be considered at a meeting without the permission of the Chairman. 12, Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e-f. 26-4-1986). 13. Subs. for “nominated” by G.S.R. 1886, dt. 14-12-1965, 14. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (wef. 26-4-1986). | 15. Subs. for “Board” by G.S.R. 316, dt, 14-4-1986 (we. 26-4-1986). 16. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (we. 26-4-1986). 17. Subs. for “Board” by G.S.R. 316, dt. 144-1986 (wee. 26-4-1986). 18. Subs. for “Board” by G.S.R. 316, dt. 144-1986 (wae. 26-4-1986). 19. Subs. for “Board” by G. 6, dt. 14-4-1986 (wef. 26-4-1986), 20. Omitted by GS.R. 316, at. 144-1986 (wef. 26-4-1986), 21, Ins. by GSR. 316, dt. 14-4-1986 (wef. 264-1986). 22. Sub-rule (2) renumbered as sub-rule (3) by G.S.R. 316, dt. 14-4-1986 (we-f, 26-4-1986),R17] MINES RULES, 1955 7 13. Presiding at meetings.—The Chairman shall preside at every meeting of the [Committee] at which he is present. If the Chairman is absent from any meeting, the members present shall elect one of them to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman. 14. Quorum.—No business shall be transacted at a meeting of the *4[Committee] unless at least four members **[including the Chairman] are present: Provided that at any meeting in which less than four members are pre-sent, the Chairman may adjourn the meeting to a date not less than fourteen days later and inform the members present and notify other members that he proposes to dispose of the business at the adjourned meeting irrespective of the quorum, and it shall, thereupon, be lawful to dispose of the business at such adjourned meeting irrespective of the number of members attending. 15. Decision by majority.—(1) Every question referred to the 26[Committee] by circulation of papers shall, unless the Chairman, in pursuance of sub-rule (2) of Rule 10 reserves it for consideration at a meeting, be decided in accordance with the opinions of the majority sending their opinions within the time allowed. (2) All questions referred to a meeting of the 7”[Committee] shall be decided by a majority of votes of the members present and voting on that question. (3) In the case of an equal division of votes, or opinions, the Chairman shall exercise an additional vote or opinion. (4) Any member disagreeing with a decision of the **[Committee] may enter a note of dissent which shall form part of the record of the proceedings. 16. Minutes of the meetings —(1) The Secretary of the [Committee] shall circulate the proceedings of each meeting to all members of the °{Committee], present in India, and thereafter record the proceedings in a minute book which shall be kept for permanent record. (2) The record of proceedings of each meeting shall be signed by the Chairman. 17. Allowances to non-official members.—Travelling and daily allowance to non-official members of the [Committee] shall be regulated in accordance with the orders regarding allowances to non-official members of Committees, Commissions and [Committee] of Enquiry issued by the Central Government from time to time. 23, Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (wef. 26-4-1986), 24. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (we-F. 26-4-1986). 25. Ins. by G.S.R. 316, dt. 14-4-1986 (wef 26-4-1986). 26. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e-f. 26-4-1986), 27. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (wet. 26-4-1986), 28. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e.t. 26-4-1986), 29. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e.f. 26-4-1986). 30, Subs. for “Board” by G.S.R. 316, dt. 144-1986 (wef. 26-4-1986). 31. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (wef. 26-4-1986). 32. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (wef. 26-4-1986).nR MINES RULES, 1955 IR. 18 18. Correspondence and Accounts.—The Secretary of the *3{Committee] shall conduct all the correspondence of the 3*[Committee] and keep its accounts. 19. Appearance at hearings.—Any appearance required to be made by a party before the *5[Committee], except for purposes of being examined as a witness, may be made either in person or by his agent duly authorised in writing, or by a legal practitioner on his behalf. 20. Proceedings to be in camera.—Unless the Chairman otherwise directs, the proceedings of the *{Committee] shall be conducted in camera and shall be regarded as confidential in nature. CHAPTER IIT COURT OF INQUIRY 21. Court of Inquiry to be public.—The person appointed to hold inquiry under Section 24 of the Act shall hold the inquiry in public in such manner and under such conditions as the Court thinks most efféctual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Court to make the report. 22. Recovery of expenses.—*”[(1) If a court of inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the court may direct the recovery of the expenses of such court, “[including any expenses incurred with the previous sanction of the Court and any other expenses connected with the inquiry which the court may direct as recoverable] from the owner *[* * *] of the mine concerned, in such manner and within such time as the court may specify.] 4° Explanation—For the purposes of this sub-rule, the term ‘management’ means the owner, agent or manager of the mine and includes all officials superior to the manager.] 12) The amount directed to be recovered under sub-rule (1) may, on application by the Chief Inspector or an Inspector to the concerned authority, be recovered from the owner in the same manner as an arrear of land revenue.] Cuaprer IV CERTIFYING SURGEONS 23. Powers of Certifying Surgeon.—A Certifying Surgeon may within the local limits of his jurisdiction or in respect of mines or class or description of mines assigned to him make such inspection, examination or inquiry as he thinks fit for 33. Subs. for “Board” by G.S.R. 316, dt, 14-4-1986 (w.e.f. 26-4-1986). 34. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e-f. 26-4-1986). 35. Subs. for “Board” by G-S.R. 316, dt. 14-4-1986 (w.e.f. 26-4-1986).. 36. Subs. for “Board” by G.S.R. 316, dt. 14-4-1986 (w.e.f. 26-4-1986).. 37. Subs. by G.S.R. 1886, dt. 14-12-1965. 38. Subs. by GS.R. 316, dt, 4-4-1986 (w.e-f. 6-4-1986). 39. The words “agent manager” omitied by G.S.R. 18, dt. 24-12-1973 (we. 5-1-1974), 40. Added by G.S.R. 18, dt. 24-12-1973 (wef. 5-1-1974). 41, Subs. by G.S.R. 316, dt, 14-4-1986 (w.c-£, 26-4-1986).R. 29-A] MINES RULES, 1955 B the purpose of the Act and it shalll be the duty of the owner, agent or manager of the mines concemed to afford the Certifying Surgeon all reasonable facilities for carrying out such inspection, examination or inquiry as the case may be. 24. Duties of Certifying Surgeon—"[(1) On receipt of a reference under sub-section (1) of Section 43 of the Act, the certifying surgeon shall, after giving prior notice regarding date, time and place for medical examination and upon examining the persons sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the mine concerned after retaining a copy thereof.] (2) The Certifying Surgeon shall, upon a request being made to him by the Chief Inspector or Inspector, carry out such examination and furnish him with such report as he may indicate in respect of any mine or class or description of mines in which operations involve any risk of injury to the health of any person or class of persons employed therein. Bone 8] 25. Certificate of fitness —“[* * *] 26. Duplicate certificate —*[* * *] 27. Re-examination.—“[* * *] 28. Fresh examination.—(1) If any person sent up for medical examination in pursuance of “"[* * *] Section 43 8[# * *] is not certified to be fit by the Certifying Surgeon he shall, not without the permission in writing of an Inspector, be sent for another medical examination unless a period of six months has elapsed from the time when he was last sent up for medical examination. (2) Any certificate obtained in contravention of sub-rule (1) shall be void. 29, Metal Tokens.—*[* * *] 50CHAPTER IV-A MEDICAL EXAMINATION OF PERSONS EMPLOYED OR TO BE EMPLOYED IN MINES 29-A. Applicability of this chapter—Nothing in this chapter shall apply to persons who are employed purely on temporary or casual basis for a continuous period not exceeding six months. 42. Subs. by GSR. 316, dt, 14-4-1986 (w.e.f. 26-4-1986). 43, Sub-rules (3), (4) and (5) omitted by GSR. 316, dt. 14-4-1986 (wef. 26-4-1986). 44, Omitted by G.S.R. 316, dt. 14-4-1986 (w.e.t. 26-4-1986), 43. Omitted by GSR. 316, dt. 14-4-1986 (w.e.l. 26-4-1986), 46. Omitted by GSR. 316, dt. 14-4-1986 (wef. 26-4-1986), 47. The words and figures “Section 40 or” omirted by G.SR. 316, dt. 14-4-1986 (we £. 26-4-1986), 48. The words and figures “or Section 47” omitted by G.S.R. 1886, dt, 14-12-1965. 49. Omitted by GS.R. 316, dt. 14-4-1986 (we.£. 264-1986). 50. Chapter IV-A inserted by G.S.R. SS7(E), dt. 18-11-1978. ' S.0. 167(B), dt. 29-3-1979.—In exercise of the powers conferred by sub-rule (2) of Rule 1 of the Mines (Amendment) Rules, 1978 the Central Government hereby appoints the Ist day of April, 1979, as the date on which the provisions of Chapter TV-A of the Mines Rules, 1955 shall come into force, — (@ in cespect of persons seeking employment in mine; and (i) im respect of persons employed below ground in a mine for more than fifteen years. a74 MINES RULES, 1955 [R. 29-B 29-B. Initial and periodical medical examinations. —After such date>! or dates as the Central Government may by notification in the Official Gazette appoint in this behalf, the owner, agent or manager of every mine shall make: arrangements— (@ (@ for the initial medical examination of every person employ-ed in the mine, within a period of five years of the date so notified and the said examination shall be so arranged over a period of five years that one-fifth of the persons employed at the mine undergo the examination every year: Provided that in the case of a mine where a system of carrying out of such medical examination (of a comparable standard as determined by the Chief Inspector) is already in existence before the date aforesaid, a person who has undergone a medical examination under such a system on a date not earlier than five years before the date aforesaid, shall be deemed to have undergone an initial medical examination under this sub- clause and the last date of his medical examination under the said system shall be taken to be the date of his initial medical examination under these rules; (ii) for the initial medical examination of every person seeking employment in a mine, unless such person has already undergone, within the preceding five years, a medical examination under these rules while in employment at another mine; and (b) for the periodical medical examination thereafter of every person employed in the mine at intervals of not more than five years: *?[Provided that, for the persons who are engaged in the process of mining or milling of asbestos ore, periodic medical examination shall be done at least once in every twelve months and every such examination shall include all the tests specified in Form ‘P” of the First Schedule except the X-rays examination, which shall be carried out once in every three years: Provided further that the periodic medical examination or the X-ray examination or both, shall be conducted at more frequent intervals if the examining authority deems it necessary to confirm a suspected case of a dust-related disease.] 29-C. Examining authorities —The medical examination aforesaid shall be carried out by a Medical Officer appointed for the mine or a Medical Officer in the employment of the owner of the mine, if any, or by any medical officer employed in the Coal Mines Welfare Fund Organisation or any other mines welfare organisation, failing which by any State or Central Government medical officer not below the rank of an Assistant Civil Surgeon. 51. $.0. 168K), at. 29-3-1979.—In pursuance of Rule 29-B of the Mines Rules, 1955, the Central Government hereby appoints the first day of April, 1979, as the date for the purpose of the said rule — (O)_in respect of persons seeking employment in a mine; and i)_in respect of persons employed below ground in a mine for more than fifteen years. 52, Ins. by GSR. 707), dt. 21-7-1989,R. 29-F] MINES RULES, 1955 75 29-D. Notice of medical examination.—(1) In respect of every medical examination under Rule 29-B, the manager of the mine concerned shall give at least twenty days, prior notice in writing to the person to be examined, in Form M, provided that in case of the initial medical examination of a person seeking employment at a mine, the period of notice may be shorter. (2) A copy of every such notice issued shall be sent by the manager to the examining authority and in the case of periodical medical examination of a person, the copies of the previous medical certificate issued in Form O, pertaining to the person concerned shall also be sent to the examining authority by the manager. (3) A person, who for any reasonable cause, fails to submit himself for a medical examination in accordance with the notice issued to him under sub-rule (1), shall be given a second notice of a minimum period of ten days in Form N, by the manager and a copy of every such notice shall be sent by the manager to the examining authority. (4) The examining authority shall inform the manager whether the person concerned has submitted himself for medical examination or not. 29-E. Failure to undergo medical examination. —A person who, without reasonable cause, fails to submit himself for medical examination in accordance with a notice issued to him under sub-rule (3) of Rule 29-D, shall be liable to be discharged from service: Provided that a person who renders himself so liable to be dis-charged for failure to submit himself for medical examination shall be required to show cause Why he could not comply with the notice within the time specified therein. If his explanation is found satisfactory by the management, he shall be given another chance to appear for medical examination. In case his explanation is not found satisfactory by the management, his services shall be terminated by the management: Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for his decision within 60 days of the order communicated by the owner, agent or manager of the mine to the said person. 29-F. Standard and report of medical examination —(1) The examining authority holding initial medical examination under sub-clause (i) of clause (a), or periodical medical examination under clause (b) of Rule 29-B shall examine a person according to the standard laid down in Form P and the initial medical examination under sub-clause (ii) of clause (a) of Rule 29-B of all persons seeking employment in a mine shall be according to the standard laid down in Form PL. (2) As soon as may be, after examination, a copy of the medical certificate in Form O, shall be issued by the examining authority to the person concerned by registered post or delivered under receipt and another copy sent to the manager of the mine concerned by registered post, or delivered under receipt. (3) The examining authority shall retain the third copy of the medical certificate. a76 MINES RULES, 1955 IR. 29-G (4) In the case of periodical medical examination of a person, the examining authority shall also send the copy of the previous medical certificate of the person concemed received in pursuance of sub-rule (1) of Rule 29-D to the manager of the mine concerned. 29-G. Retention and transfer of medical certificates (1) All medical certificates “including all medical examination records with medical history and job details to depict the occupational dust exposure profiles,] of persons employed or to be employed in a mine shall be retained in the possession of the manager of the mine so long as the person is employed in the mine and for a period of *4{ten] years thereafter: Provided that the manager of a mine where such person is or was employed shall, if so requested by the manager of any other mine where the person is to be employed, send him all medical certificates with respect to such person. (2) If the examining authority who conducts medical examination of persons employed or to be employed in any mine, is relieved of his duties regarding medical examination, the medical practitioner shall transfer all records on medical examination in his possession to the manager of the mine concerned. 29-H. Identity of candidates —(1) Every candidate for medical examination under clause (a) of Rule 29-B shall, at the time of examina-tion hand-over three un-mounted photographs (passport size) of himself to the examining authority, The examining authority, after satisfying itself that each photograph is a likeness of the candidate, shall endorse each of them with the name and father’s name or husband’s name of the candidate. (2) The examining authority, shall also record the left hand thumb impression or the signature of every candidate appearing before it for medical examination on the copies of the medical certificate in Form O. 29-1. Medical examination of women.—No woman shall, without her consent, be medically examined by a male medical practitioner except in the presence of another woman. 29-J. Appeal for re-examination.—(1) Where as a result of an initial medical examination under clause (a), o of a periodical medical examination under clause (6) of Rule 29-B, a person has been declared unfit for employment in mines or in a particular category of mine or in any specified operations in mine, he may, within thirty days of the receipt by him of a copy of the Certificate referred to in sub-rule (2) of Rule 29-F, file an appeal with the manager of the mine against the declaration aforesaid, and request for a medical re-examination by an Appellate Medical Board constituted under Rule 29-K. (2) (@) The manager shall arrange to have the appellant medically re-examined by the Appellate Medical Board within thirty days of the receipt of the appeal and 53. Ins. by G.S.R. 707), dt. 21-7-1989., 54. Subs. for “five” by G.S.R. 707(B), dt. 21-7-1989,R.29-M] MINES RULES, 1955 7 shall give to the Appellant fifteen days’ prior notice of the medical re-examination by the Appellate Medical Board in Form Q. (b) A person who, for any reasonable cause, fails to submit himself for a medical re-examination in accordance with the notice given to him under clause (a), shall be given another notice in Form R in similar manner. (c) A person who has, without reasonable cause, fails to submit himself for a medical re-examination in accordance with a notice given to him under clause (b), shall cease to be in employment at the mine or in a particular category of mines or in any specified operations in mine, as the case may be, after the expiry of thirty days from the last date notified for his medical re-examination. (3) In respect of every medical re-examination by the Appellate Medical Board, the appellant shall pay such fees and the medical examination shall be conducted in such manner as may be determined by the Appellate Medical Board. In case the Appellate Medical Board finds him fit for employment in mines, the fees shall be re-imbursed in full to the appellant by the owner of the mine where he is employed. 29-K. Constitution of Appellate Medical Board—For the purpose of medical re-examination on appeal the Appellate Medical Board shall consist of the following officers namely:— (a) One duly qualified Medical Officer in the employment of the Directorate General of Mines Safety who shall also act as the Convenor of the Board. (b) One Medical Officer duly qualified in allopathic system of medicine to be nominated by the Chief Inspector in consultation with the Welfare Organisations set up by the Central Government for the persons employed in the mine. (c) One Medical Officer duly qualified in allopathic system of medicine employed in the State or Central Government or a Government Undertaking and not below the rank of Assistant Civil Surgeon: Provided that if a Medical Officer under clause (b) or clause (c) is not available, the Appellate Medical Board shall be constituted with two persons only. 29-L, Standard and report of medical re-examination by the Appellate Medical Board.—The Appellate Medical Board shall medically examine the appellant in accordance with the standard laid down in Form P for initial medical examination of workers already in employment as well as periodical medical examination and in accordance with the standard laid down in Form PI for initial medical examination of the persons to be employed and shall issue to the manager of the mine concerned and to the appellant a medical certificate in Form S. 29-M. Unfit persons not to be employed.—(1) Where, as a result of an initial medical examination made under clause (a), or of a periodical medical examination under clause (b) of Rule 29-B a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mines, he shall not be employed or continue to be employed in mines or in the category 0 £ mine or on the operations specified after the expiry of thirty days from the date78 MINES RULES, 1955 [R. 29-5 of his medical examination unless he has filed an appeal under sub-rule (1) of Rule -J against the declaration. (2) Where the person concerned has filed an appeal under sub-rule (1) of Rule 29-J, but has been declared by the Appellate Medical Board, after a medical re- examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in mines, he shall not be employed or continue. to be employed in mine or in the category of mines or on the operations specified. after the expiry of thirty days from the date of his medical re-examination by the Appellate Medical Board: Provided that, if the Medical Officer carrying out the initial medical examination under clause (a), or the periodical examination under clause (b) of Rule 29-B, or the Appellate Medical Board carrying out the medical re- examination of persons already in employment is of the opinion that the disability of the person examined is of such a nature and degree that it will not seriously affect or interfere with the normal discharge of his duties, it may recommend his continuation in employ-ment in the mine for a period not exceeding six months during which such person may get his disability cured or controlled and submit himself for another medical examination and be declared fit. 29-N. Compensation for industrial disease.—If, as a result of any medical examination under these rules or under the regulations, a person is found to have contracted any disease specified in Part C of Schedule III to the Workmen's Compensation Act, 1923, the provision of Section 3 of that Act shall become applicable in respect of that person. 29-0. Cost of medical examination.—Subject to the provisions of sub-rule (3) of Rule 29-J full cost of every medical examination under these rules, shall be borne by the owner of the mine concerned. 29-P. Annual returns.—(1) On or before the 20th day of February every year, the manager of every mine shall submit to the Chief Inspector annual returns in respect of the preceding calendar year in Form T. (2) If a mine is abandoned or working thereof is discontinued over a period exceeding sixty days or if a change occurs in the ownership of a mine, the returns required under sub-rule (1) shall be submitted within thirty days of abandonment or change of ownership or within ninety days of discontinuance. as the case may be.) 55[CHAPTER IV-B WORKMEN'S INSPECTOR AND SAFETY COMMITTEE 29-Q. Workmen’s Inspector.—(1) (a) For every mine wherein 500 or more persons are ordinarily employed, the owner, agent or manager shall designate three suitably qualified employees of the mine in consul-tation with the registered trade union in the mine and where there are more than one registered trade unions, the union recognised as per procedure in practice or the most representative union as per the mem-bership records available at that point of time and if there 55. Ins, by GS.R. 316, dt, 14-4-1986 (w.e-f. 26-4-1986).R. 29-Q] MINES RULES, 1955 79 are no registered trade unions, in consultation with the elected representative of the workmen, as technical experts, to carry out inspection of the mine on behalf of the workers employed therein, one each for mining operations, electrical installations and mechanical installations. When the number of persons employed ina mine exceeds 1500, the workmen’ s inspector shall be assisted by one additional workmen’ inspector in mining discipline for every additional 1000 persons or part thereof. (6) In every mine, the owner, agent or manager shall constitute, in the manner laid down in clause (a), a panel of workmen’s inspectors who may serve as substitute during absence of regular workmen’s inspectors. (c)In the panel there shall be at least one workmen’ s inspector each for mining, electrical and mechanical installations and operations. (2) No person shall act as a workmen’s inspector of a mine unless,— (a) he possesses an Overmen’s or Foreman’s Certificate granted under the Act: Provided that— ( in relation to electrical machinery installed in mines, a person holding a valid Electrical Supervisor’s Certificate of Competency covering mining installations, issued under sub-rule (1) of Rule 45 read with clause (ii) of sub-rule (1) of Rule 131 of the Indian Electricity Rules, 1956 framed under the Indian Electricity Act, 1910 shall be so designated; and Gi) inrelation to other machinery and mechanical appliances installed in mines a person appointed to secure the installation running and maintenance in safe working order of machinery in the mine, being not less in status than that of an Overman. Mine Foreman or Electrical Supervisor shall be so designated. (b) he has at least five years of experience in mines including at least two years in workings of the mines for which he is nominated; and (©) he has undergone an orientation training course for workmen’ inspector consisting of not less than thirty lectures and demonstrations, of not less. than two hours’ duration each, in accordance with the syllabus specified by and ata centre approved by the Chief Inspector by a general or special order. (3) The workmen’ inspector shall perform the duties mentioned in clause (a) sub-rule (1) of Rule 29-R for two days in every week: on remaining days of the k, he shall perform his normal duties unless called upon to perform the duties ntioned in clauses (b) and (c) of sub-rule (1) of Rule 29-R. (4) (@) The owner, agent or manager shall afford to the workmen’ s inspector all ‘onable facilities for making any entry, inspection, measurement, examination inquiry in connection with his duties, (6) An official of the mine shall accompany the workmen's inspector during inspection.80 MINES RULES, 1955 IR. 29-R (c) The workmen’s inspector may carry out his inspections at any time. (5) When there occurs an accident or dangerous occurrence in or about a mine, the owner, agent or manager shall forthwith inform the concerned workmen’s inspector about the accident or the occurrence. (6) The workmen’s inspector shall not exercise his powers to impede or obstruct the working of the mine. (7) A workmen’s inspector nominated under sub-rule (1) shall unless resigns from his office hold office for a period of three years from the date of his nomination and shall be eligible for one renomination. (8) No owner, agent or manager shall take any action against a workmen’s inspector for any of his actions in the discharge of his duties and functions laid down in these rules. 29-R. Duties of workmen’s inspector.—(1) The duties of the work-men’s inspector shall be— (@) to inspect all shafts, inclines, roads, workplaces and the equipment thereat including the equipment for conveyance and transport of workers; (6) in case of any urgent and immediate danger that come to his notice— (@_ to inform the manager and the Inspector about the same; and (to suggest remedial measures necessary to avoid the danger; and (©) to accompany the Inspector in the course of complete inspection of the mine and also during such other inspections as may be considered necessary by the Inspector. (2) The workmen's inspector shall record a full report of the matters ascertained as a result of his inspection in an interleave-paged and bound register Kept for the purpose at the mine in Form U. The workmen’s inspector making the entry in the register aforesaid shall duly sign such entries with date and take a copy of the entries for his record. 29-S. Action on the report of workmen’s inspector —(1) The owner, agent or manager of the mine shall enter in the register mentioned in sub-rule (2) of Rule 29-R, within a period of 15 days from the date of entry in the register remarks thereon showing the remedial measures taken and the date on which such action was taken. (2) In case of any difference of opinion between the workmen’s inspector and the owner, agent or manager, a copy of the report with remarks thereon regarding such difference of opinion shall be sent by the owner, agent or manager to the Chief Inspector or an Inspector for decision. 29-T. Safety committee—For every mine wherein more than 100 persons are ordinarily employed, the owner, agent or manager shall constitute a safety committee for promoting safety in the mine: Provided that the Chief Inspector or an Inspector may by a general or special order in writing require the owner, agent or manager of any group of specifiedR.29-W) MINES RULES, 1955 gL mines or of all mines in a specified area to constitute a group safety committee in such manner and subject to such conditions as he may specify in the order. 29-U. Composition of safety committee.—The safety committee shall consist of— (a) the manager who shall be the Chairman: (b) five officials or competent persons of the mine nominated by the Chairman; (c) five workmen nominated by the workmen of the mine in accordance with the procedure prescribed in clause (a) of sub- rule (1) of Rule 29-Q for nomination of workmen's inspector; (d) workmen’s inspector where so designated; and (e) the Safety Officer, or where there is no Safety Officer, the senior most mine Official next to the manager, who shall act as Secretary to the Committee: Provided that any other official, competent person or work person may be co- opted by the Chairman as a member of the committee on any day or days of the mecting, if considered necessary. 29-V. Functions of safety committee.—The functions of the committee shall be— (1) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in the reports of workmen's inspector or otherwise brought to the notice of the committee and make appropriate recommendations; to consider, before commencement of operations in any new district of the mine or commissioning of new electrical or mechanical installation or introduction of new mining technique, the proposed safety and health measures including related codes or practice and to make appropriate recommendations; to discuss the report of inquiry into accident and make appropriate recommendations; (4) to formulate and implement appropriate safety campaigns based on analysis of accidents; to meet at least once in 30 days to consider the matter placed before it and any other matter that may be raised by the members and make such recommendations as it may deem fit; and (6) toserve asa forum for communication on safety and occupational health matters. 29-W. Implementation of recommendations of the safety committee —The owner, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the safety committee, shall indicate to the Secretary to the safety committee, the action taken to implement the recommendation. ] @ GB. 682 MINES RULES, 1955 [R. 30 CHAPTER V HEALTH AND SANITATION PROVISIONS 30. Quantity of drinking water—(1) The quantity of drinking water to be provided in a mine or any part thereof shall be on a scale of at least *[two litres] for every person employed at any one time and such drinking water shall be readily available at conveniently accessible points during the whole of the working shift (2) Where 100 persons or more are employed, either above ground or in opencast workings at any one time an Inspector may by order in writing require the drinking water to be effectively cooled by mechanical or other means available. (3) No charge shall be made for the drinking water so supplied. 31, Storage of drinking water—*"[(1) If drinking water is not provided from taps connected with constant water supply system, it shall be kept cool in suitable vessels sheltered from weather and such vessels shall be emptied, cleaned and refilled every day. Steps shall be taken to preserve the water, the storage vessels and the vessels used for drinking water in a clean and hygienic condition.] (2) If the source of drinking water is not from a public water supply system, an Inspector may by order in writing require the owner, agent or manager of the mine to submit with the least possible delay a certificate from a competent health authority or analyst as to the fitness of the water for human consumption. 32. Decision of Chief Inspector final—If any question arises as to whether water supply arrangements are satisfactory and in accordance with the requirements of Section 19 and Rules 30 and 31 the decision of the Chief Inspector shall be final. 33. Surface latrines and urinals—(1) On the surface at every mine adequate Jatrine and urinal accommodation shall be provided at conveniently accessible places separately for the use of males and females employed in the mine. (2) The scale of latrine accommodation shall be at least one seat for every 50 males and at least one seat for every 50 females employed at any one time: Provided that where sanitary latrines are maintained in bathing places, the number of latrines to be provided under this rule may include such sani-tary latrines. Note—In calculating latrine accommodation any fraction less than 50 shall be reckoned as 50. 34, Standards of construction —Eyvery latrine on the surface provided for the use of persons employed in a mine shall conform to the following standards of construction— (a) it shall be on a site approved of in writing by an Inspector; (b) it shall be built of brick or other suitable building material; 56. Subs. by GS, 57. Subs. by GS. 31, dated 29-12-1960, 1786, dt. 30-9-1970.