Abstract of Mines Act, 1923 as amended by Mines (Amendment) Act, 1973

(For Display on Notice Board)

1. Definitions.– In this Act, unless there is anything repugnant in the subject (3) No person employed in a mine shall be allowed to be in any part of the mine
or context,– below the ground except during the periods of work shown in respect of him in the
a person is said to be “employed” in a mine who works under appointment by register kept under sub-section (1) of section 28.]
or with the knowledge of the manager, whether for wages or not, in any mining
12. Special provision for night relays.– Where a worker works in a relay whose
operation, or in cleaning or oiling any part of any machinery used in or about
period of work extends over midnight, the ensuing day for him shall be deemed to
the mine, or in any other kind of work whatsoever incidental to, or connected
be the period of twenty-four hours beginning at the end of the period of work fixed
with, mining operations;
for the relay, and the hours he has worked after midnight shall be counted towards
“mine” means any excavation where any operation for the purpose of searching
the previous day.]
for or obtaining minerals has been or is being carried on, and includes all
works, machinery, tramways and sidings, whether above or below ground, in or 13. Prohibition of employment of certain persons.– No person shall be allowed
adjacent to or belonging to a mine: to work in a mine who has already been working in any other mine within the
provided that it shall not include any part of such premises on which a preceding twelve hours.]
manufacturing process is being carried on unless such process is a process for 14. Notice regarding hours of works.– (1) The manager of every mine shall
coke making or the dressing of minerals; cause to be posted outside the office of the mine a notice in the prescribed form
“owner,” when used in relation to a mine, means any person who is the stating the time of the commencement and of the end of work at the mine.
immediate proprietor or lessee or occupier of the mine or of any part 15. Employment of women.– (1) No woman shall be employed in any part of mine
thereof, but does not include a person who merely receives a royalty, rent which below ground.
or fine from the mine or is merely the proprietor of the mine subject to any (2) No woman shall be allowed to work in a mine above ground between the hours
lease, grantor license for the working thereof, or is merely the owner of the of 7 P.M. and 6 A.M.
soil and not interested in the minerals of the mine; but any contractor for 16. Extra wages for overtime.– (1) Where in a mine a person works for more than
the working of a mine or any part thereof shall be subject to this Act in like eight hours in any day or works for more than forty-eight hours in any week,
manner as if he were an owner, but not so as to exempt the owner from whether above ground or below ground, he shall in respect of such overtime work
any liability; be entitled to wages at the rate of twice his ordinary rate of wages, the period of
overtime work being calculated on a daily basis or weekly basis, whichever is more
MINING OPERATIONS AND MANAGEMENT OF MINES favourable to him.
17. Children.– No child shall be employed in a mine, or be allowed to be present in
2. [Notice before commencement of mining operations.– (1) The owner,
any part of a mine which is below ground.
agent or manager of a mine shall, in the case of an existing mine within one month
from the commencement of the Mines (Amendment) Ordinance, 1973, or in the 18. Young persons not to be underground without certificates of fitness.– No
case of proposed mining operations, not less then fifteen days before to person who has not completed his seventeenth year shall be 121[employed in any
commencement of such operations, give to the Chief Inspector and the District part of a mine,] unless–
Magistrate of the district in which the mine is situated or the operations will (a) a certificate of fitness in the prescribed form and granted to him by a qualified
commence notice in writing in such form and containing such particulars as may be medical practitioner is in the custody of the manager of the mine, and
prescribed. (b) he carries while at work a token giving a reference to such certificate.]
(2) If the proposed operations in respect of which notice is given under sub-section 19. Limitation of working hours for young persons.- No person who has not
(I) are not commenced within sixty days from the date on, which the notice was completed his seventeenth year shall be permitted to work in any part of a mine,
given, the said notice shall be deemed to have expired and no operations shall either below ground or above ground unless the hours of work of such person for
commence except after a notice has been given in accordance with that any day are so fixed as to allow an interval of rest of at least twelve consecutive
subsection.] hours which shall include at least such seven consecutive hours between the hours
of 7 p.m. and 7 a. m. as may be prescribed:
3. Duties and responsibilities of owners, agents and managers.– (1) The
owner, agent and manager of every mine shall be responsible that all operations LEAVE AND HOLIDAYS WITH WAGES
carried on in connection therewith are conducted in accordance with the provisions 20. Annual leave with wages.– (1) Every person who has completed one year of
of this Act and of the regulations, rules and bye-laws and of any orders made continuous service in a mine shall be allowed during the subsequent period of
thereunder. twelve months leave with wages for a number of days calculated, at the rate of–
PROVISIONS AS TO HEALTH AND SAFETY (a) one day for every seventeen days of work performed below ground during the
4. Conservancy.– There shall be provided and maintained for every mine latrine previous period of twelve months;
and urinal accommodation of such kind on such scale, and such supply of water fit (b) one day for every twenty days of work performed above ground during the
for drinking, as may be prescribed. previous period of twelve months;
5. Canteens.– At every mine wherein more than one hundred persons are Provided that a period of leave shall be inclusive of any holiday which may occur
ordinarily employed, a canteen of such standard as may be prescribed shall be during such period.
provided for the use of persons employed therein. (2) If a person employed in a mine does not, in any such period of twelve months,
6. Shelters.– There shall be provided and maintained for use of persons working take the leave to which he is entitled under sub-section (1), either in whole or in
above ground in a mine, during intervals of rest, shelters of such standard and on part, such leave not taken by him shall be added to the leave to be allowed to him
such scale as may be prescribed. under that sub-section in the succeeding period of twelve months:
7. Medical appliances.– At every mine * * * *, such supply of ambulances or Provided that such person shall cease to earn leave under this section when the
stretchers and of splint, bandages and other medical requirements, as may be leave due to him amounts to twenty days:
prescribed shall be kept ready at hand in a convenient place and in good and Provided further that any leave applied for by a person but refused by the owner,
serviceable order. agent or manager of the mine for any reason shall be added to the credit of such
person beyond the aforesaid limit.
8. First-aid rooms.– At every mine in respect of which the appropriate
(3) If a person entitled to leave under sub-section (1) is discharged before he has
Government may, by notification in the official Gazette, declare this section to
been allowed the leave or, if having applied for and having been refused the leave,
apply, there shall be provided first-aid rooms of such size, with such equipment and
he quits his employment before he has been allowed the leave, the owner, agent or
in charge of such medical and nursing staff as may be prescribed.]
manager shall pay him the amount payable under section 28-E in respect of the
HOURS AND LIMITATION OF EMPLOYMENT leave.
9. Weekly day of rest.– No person shall be allowed to work in a mine on more
than six days in any one week. 21. Festival holidays.– Every person employed in a mine shall be allowed, with
10. Hours of work above ground.– (1) A person employed above ground in a wages, such festival holidays as are declared by the appropriate Government to be
mine shall not be allowed to work for more than 101 [forty eight hours] in any week public holidays.
or for more than 102 [eight hours] in any day. 22. Causal leave and sick leave.– Every person employed in a mine shall be
(2) The periods of work of any such person shall be so arranged that, along with his entitled in a year to ten days‟ „casual leave on full wages and sixteen days‟ sick
intervals for rest, they shall not in any day spread over more than twelve hours, and leave on half average wages:
that he shall not work for more than six hours before he has had an interval for rest Provided that casual leave or sick leave admissible under this section shall not be
of at least one hour. accumulated and carried forward to the succeeding year.
(3) Persons belonging to two or more relays shall not be allowed to do work of the
23. Wages during leave or holiday periods.– For the leave or holidays allowed to
same kind above ground at the same moment:
a person under the provisions of this Chapter, he shall be paid–
11. Hours of work below ground.– (1) A person employed below ground in a (a) in case of leave with full wages, at the rate equal to the daily average of his
mine shall not be allowed to work for more than 103[eight] hours in any day. wages for the days on which he actually worked during the preceding three
(2) Work of the same kind shall not be carried on below ground in any mine for a months; and
period spreading over than 104[eight hours] in any day except by a system of (b) in case of leave with half average wages, at the rate equal to half daily average
relays so arranged that the periods of work for each relays are not spread over of the wages as aforesaid.
more than [eight hours].
24. Payment in advance in certain cases.– Any person who has been allowed
leave for not less than four days under section 28-B shall, before his leave begins,
be paid the wages due for the period of the leave allowed.