Mines Act 1952.
Mines Act 1952.
1. The Mines Act 1952, is an act to amend and consolidate the law
relating to the regulation of Labour and safety in mines
2. This act may be called as Mines Act, 1952
3. It extends to whole India
4. It was enacted on 15th March 1952 and It came into force on 1st July
1952.
5. It is Protective Legislation.
Definitions
Sec 2(b) Adult
• Person who has completed 18 years.
Railway Tramway
Excavation Process
Sec 2(jj) Minerals
• All substances which can be obtained from earth by mining, digging, drilling, dredging,
hydraulicing, quarrying or any operation and includes minerals(natural gas and petroleum)
Sec 2(o)
Rules
Regulations Bye-laws
Rules are instructions followed
Regulations refer to the Bye-laws are passed by
in order for something
directives or statute enforced committees or board of
correctly usually in a particular
by law, binding under law directors or community.
organization
Sec 2(p) Relay
• where work of the same kind is carried out by two or more sets of persons working during different
periods of the day each of such sets
• and each of such periods is called a “shift”
Sec 2(pp) Reportable injury
• any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced
absence of the injured person from work for a period of 72 hours or more
Below ground
Above Ground
a) in a shaft which has been or is in
the course of being sunk if he is working in an open cast
working or in any other manner not
b) in any excavation which extends specified
below superjacent ground
Sec 3 Act not to apply in certain cases
• The provisions of this Act, except those contained in [sections 7,8,9,40,45 and 46] shall not apply to
• shall present himself for such examination, furnish all information regarding his work and health
in connection with the said survey
• The time spent shall be counted towards his working time, overtime shall be paid at the
ordinary rate of wages. (Basic wages + Dearness Allowance + underground allowance +
compensation in cash)
• If found medically unfit to discharge the duty shall be entitled to undergo medical treatment at
the cost of the owner, agent and manager with full wages during the period of such treatment.
• If such unfitness is directly ascribable to his employment in the mine before such presentation,
the owner, agent and manager shall provide such person with an alternative employment in the
mine for which he is medically fit
• alternative employment is not immediately available, such person shall be paid by the owner,
agent and manager disability allowance
• decides to leave his employment in the mine, he shall be paid by the owner, agent and manager
a lump sum amount by way of disability compensation
• The rates regard to the monthly wages of the employees, the nature of disabilities and other
related factors
Overtime at ordinary
Alternative
Employment
Disablement
Allowance
Disablement
Compensation
Sec 10 Secrecy of information obtained
• All copies of, and extracts from, registers or other records appertaining to any mine
and all other information acquired by the Chief Inspector or an Inspector or by any
one assisting him, in the course of the inspection or survey
• shall be regarded as confidential and shall not be disclosed to any person or
authority unless the Chief Inspector or the Inspector considers disclosure
necessary to ensure the health, safety or welfare of any person employed in the
mine
• contrary to the provisions any such information as aforesaid without the consent
of the Central Government, he shall be punishable with imprisonment for a term
which may extend to one year, or with fine, or with both.
Disclosure dose not apply to
an official
a Committee
superior or the
Any Court or court of a Commissioner the Controller, any registered
owner, agent or
inquiry for workmen’s Indian Bureau or recognised
manager of the
constituted or compensation of Mines trade union
mine
appointed appointed under
concerned
the Workmen's
Compensation
Act, 1923
Sec 11
Duties of Certifying Surgeon
Certifying surgeons
• The Central Government may appoint • the examination of persons engaged in a mine
qualified medical practitioners to be in such dangerous occupations or processes as
certifying surgeons may be prescribed
• a certifying surgeon may, with the approval of • the exercise of such medical supervision as
the Central Government, authorise any may be prescribed for any mine
qualified medical practitioner to exercise all or • For cases of illness have occurred which it is
any of his powers reasonable to believe are due to the nature of
• No person shall be appointed, any process carried on or other conditions of
• who is or becomes the owner, agent or work prevailing in the mine
manager of a mine,
• or becomes directly or indirectly interested
or in any process or business carried on or in
any patent or machinery connected
therewith,
• or is otherwise in the employment of the
mine
Chapter III
COMMITTEES
Sec 12
Committee
2 persons to
2 persons to represent the
Chairman The chief represent the interests of 2 qualified mining
Inspector of interests of owners of engineers not
a person in the service of
the Government, not Mine miners (Atleast 1 mines(Atleast directly employed
for worker of coal for 1 for owner in the mining
being the Chief Inspector
or an Inspector. mines) of coal mines) industry
Sec 13 Sec 14
Functions of the committee Powers, etc., of the committee
• A Committee have the same powers as are
• a) consider proposals, for making rules and vested in a court under the Code of Civil
regulations under this Act and make appropriate Procedure
recommendations to the Central Government • a) discovery and inspection
• b) enquire into such accidents or other matters • (b) enforcing the attendance of any person
as may be referred to it by the Central and examining him on oath
Government from time to time and make reports • (c) compelling the production of documents
• c) hear and decide such appeals or objections and
against notices or orders under this Act or the • (d) such other matters
regulations, rules or bye-laws
• The Chief Inspector shall not take part in the
proceedings of the Committee with respect to
any appeal or objection against an order or
notice made or issued by him or act in relation to
any matter pertaining to such appeal or
objection as a member of the Committee
Sec 15 Recovery of expenses
• The Central Government may direct that the expenses of any inquiry conducted by
shall be borne in whole or in part by the owner or agent of the mine
• the amount so directed to be paid may, on application by the Chief Inspector or
an Inspector to a magistrate having jurisdiction at the place where the mine is
situated or where such owner or agent is for the time being resident
• be recovered by the distress and sale of any movable property within the limits of
the magistrate's jurisdiction belonging to such owner or agent
• Provided that the owner or his agent has not paid the amount within six weeks
from the date of receiving the notice from the Central Government or the Chief
Inspector of Mines.
Chapter IV
MINING OPERATIONS AND MANAGEMENT OF MINES
Sec 16 Notice to be given of mining operations.
• The owner, agent or manager of a mine shall, before the commencement
of any mining operation,
• give to the Chief Inspector, the Controller, Indian Bureau of Mines and
the district magistrate of the district in which the mine is located
• notice in writing in such form and containing such particulars relating to
the mine
• at least one month before the commencement of any mining operation
LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER
Sec 17 Managers
• every mine shall be under a sole manager who shall have the prescribed qualification and the
owner or agent of every mine shall appoint a person having such qualification to be the
manager(can appoint themselves)
• the manager shall be responsible for the overall management, control, supervision and direction
of the mine and all such instructions when given by the owner or agent shall be confirmed in
writing forthwith.
Duties and responsibilities of owners, agents and
Sec 18 managers.
• responsible for making financial and other provisions and for taking such other steps as may be
necessary for compliance with the provisions of this Act and the regulations, rules, bye-laws and
orders made thereunder
• results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws or
orders made thereunder, every person giving such instructions shall also be liable for the
contravention of the provisions concerned
• responsible to see that all operations carried on in connection with the mine
Owner, agent who has objection, can appeal to Central Govt. in writing within 20
days
• Mine worker if work more 9 • Mine worker if work more 8 • time-rate = daily average of his
hours a day and more than 48 hours a day and more than 48 full-time earnings for the days
hrs. a week hrs. a week on which he actually worked
• overtime work wages = 2 * • overtime work wages = 2 * during the week immediately
ordinary rate of wages ordinary rate of wages preceding the week in which
• the period of overtime work • the period of overtime work overtime work has been done,
being calculated on a daily basis being calculated on a daily basis exclusive of any overtime
or weekly basis or weekly basis • such time-rate = ordinary rate of
wages of such person
• if such person has not worked in
the preceding week on the same
or identical job, the time-rate
shall be based on the average for
the days he has worked in the
same week excluding the
overtime or on the daily average
of his earnings in any preceding
week, whichever is higher
Sec 34 Prohibition of employment of certain persons
• No person shall be required or allowed to work in a mine if he has already been working in any other mine
within the preceding 12 hours