0% found this document useful (0 votes)
88 views60 pages

Mines Act 1952.

The Mines Act 1952 regulates labor and safety in mines across India, providing definitions for key terms and outlining the roles of inspectors and certifying surgeons. It establishes protective legislation for workers and sets forth the responsibilities of mine owners and agents regarding health and safety. The Act also includes provisions for the establishment of committees to oversee compliance and address issues related to mining operations.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
88 views60 pages

Mines Act 1952.

The Mines Act 1952 regulates labor and safety in mines across India, providing definitions for key terms and outlining the roles of inspectors and certifying surgeons. It establishes protective legislation for workers and sets forth the responsibilities of mine owners and agents regarding health and safety. The Act also includes provisions for the establishment of committees to oversee compliance and address issues related to mining operations.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 60

Introduction

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.

Sec 2(c) Agent


• In relation to mine, means every person, whether appointed as such or not, who
acting or purporting to act on behalf of the owner
• Takes part in management, control, supervision or direction of mine or any part

Sec 2(f) Day


• Period of 24 hrs beginning at midnight
Sec 2(h) Employed
• A person is said to be employed in mine who work as manager or works under the
appointment by owner, agent or manager of mine
• With or without knowledge of manager
• Whether for wages or not
• i) In any mining operation
• ii)In operation or services relating to the development of mine including construction
of plant(exclude construction of roads, well any construction not connected to mines)
• iii)In operating, servicing, maintaining or repairing any part or machinery used in mine
• iv)Loading for dispatch of minerals
• v) In any office of mine
• vi) In any welfare, health, sanitary or conservancy services within mines premises
• vii)Any operation incidental, related or connected to mine
Sec 2(j) Mine
• Any excavation where operation for the purpose of searching for or obtaining minerals has been or is
being carried out and includes
• All boring, bore holes, oil wells, crude conditioning plants, pipe conveying mineral oil within the oilfields
• All shafts, all opencast workings
• All levels and inclined planes in course of being driven
• All conveyors or Ariel ropeways provided for bringing or removal from mine of mineral
• All adits, livels, planes, machinery work, railways tramways and sidings
• All protective work carried out in or adjacent to mine
• All workshop and store situated within the precincts of the mine
• All power stations, transformer sub stations, rectifier station, accumulator storage stations for supplying
electricity solely for working of mines or mines in same management.
• Any premises in or adjacent to and belonging to mine any process ancillary to the getting, dressing or
operation for sale of minerals.
• Any premises for time being used fro depositing sand or other material for use of mine.
Open Cast Mine Shaft Mine

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(k) Office of the mine


• Any office at the surface of mine

Sec 2(kk) Open cast working


• A quarry that is excavation where any operation for the purpose of searching for or obtaining
minerals has been or is being carried on, not being a shaft or an excavation which extends
below superjacent ground.
Sec 2(l) Owner

Does Not include


In relation of mine business
In relation to mine being carried on by a liquidator person who merely receives a
any person who is the immediate or receiver royalty, rent or fine from the mine
proprietor or lessee or occupier is merely the proprietor of the
of the mine mine, subject to any lease, grant
such liquidator or receiver or licence for the working thereof,
or
is merely the owner of the soil
and not interested in the minerals
of the mine
Sec 2(n) Qualified medical practitioner
• medical practitioner who possesses any recognized medical qualification as defined
in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956)
• who is enrolled on a State medical register

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

Sec 2(q) Serious bodily injury


• Any injury which involves, or in all probability will involve, the permanent loss of any part or section of a
body or the use of any part or section of a body.
• The permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the
fracture of any bone or one or more joints or bones of any phalanges of hand or foot

Sec 2(r) Week


• means a period of seven days beginning at midnight on Saturday night or such other night as may be
approved in writing for a particular area by the Chief Inspector
Sec2(2)

A person working or employed in or


in connection with a mine is said to
be working or employed

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

b) any mine engaged in the extraction of kankar,


a) any mine or part in which excavation is being
murrum, laterite, boulder, gravel, shingle,
made for prospecting purposes only and not for
ordinary sand, ordinary clay, building stone, road
the purpose of obtaining minerals for use or sale
metal, earth, fullers earth, and lime stone
• Provided- • Provided-
• not more than 20 persons are employed on • the workings do not extend below
any one day in connection with any such superjacent ground
excavation • where it is an open cast working
• the depth of the excavation measured from • Depth of Excavation-not exceed 6 m
its highest to its lowest point nowhere • Number of employees does not exceed 50
exceeds 6 m or, in the case of an excavation
• Explosive are not used in connection to
for coal, 15 m;
excavation
• no part of such excavation extends below
superjacent ground
Sec 4 References to time of day
• references to time of day are references to Indian standard time,
being 5 and Half Hours ahead of Greenwich mean time
• for any area in which Indian standard time is not ordinarily observed,
the Central Government may make rules—
• (a) specifying the area;
• (b) defining the local mean time ordinarily observed therein; and
• (c) permitting such time to be observed in all or any of the mines
situated in the area
Chapter II
INSPECTORS AND CERTIFYING SURGEONS
Sec 5 Chief Inspector and Inspectors
• The Central Government may, by notification in the Official Gazette, appoint such a person as
possesses the prescribed qualifications to be Chief Inspector of Mines for all the territories.
• And such persons as possess the prescribed qualifications to be Inspectors of Mines subordinate
to the Chief Inspector.
• No person will be appointed who is or becomes directly or indirectly interested in any mine or
mining rights in India.
• The district magistrate may exercise the powers and perform the duties of an Inspector subject
to the general or special orders of the Central Government
• The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning
of the Indian Penal Code
Sec 6 Sec 7
Functions of Inspectors Powers of Inspectors of Mines
• with the approval of the Central Government • The Chief Inspector and any Inspector
and subject to such restrictions or conditions • make such examination and inquiry
• by order in writing, authorise any Inspector • inspect and examine any mine , any time
named or any class of Inspectors specified in in day or night
the order to exercise such of the powers of • make inquiry respecting, the state and
the Chief Inspector under this Act condition of any mine or any part thereof,
• Chief Inspector may, by order in writing, the ventilation of the mine, the sufficiency
prohibit or restrict the exercise by any of the bye-laws for the time being in force
Inspector named or any class of Inspectors relating to the mine,
specified in the order of any power conferred • health, safety and welfare of the persons
• the Chief Inspector shall declare the local employed in the mine.
area or areas within which or the group or
class of mines with respect to which
Inspectors shall exercise their respective
powers
Sec 8 Powers of special officer to enter, measure, etc
• Any person in the service of the Government duly authorized
• by a special order in writing of the Chief Inspector or of an Inspector may, for the purpose of
surveying, leveling or measuring any mine
• after giving not less than 3 days’ notice to the manager of such mine, enter the mine and may
survey, level or measure the mine or any part
• at any time by day or night
• In emergency : such person can enter and examine without notice

Facilities to be afforded to Inspector Facilities to be


Sec 9 afforded to Inspector
• Every owner, agent and manager of a mine
• all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry
Sec 9 (A)
Facilities to be provided for occupational health survey
• The Chief Inspector or an Inspector or other officer authorised by him in writing
• at any time during the normal working hours of the mine or at any time by day or
night as may be necessary, undertake safety and occupational health survey in a
mine
• after giving notice in writing to the manager of the mine; and the owner, agent or
manager of the mine
• afford all necessary facilities including facilities for the examination and testing of
plant and machinery, for the collection of samples and other data pertaining to the
survey and for the transport and examination of any person employed
Employed person during survey

• 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

Facilities to person employed during


wages

health or occupational survey


Full cost of treatment

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

The Central Government shall, constitute a


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

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Chapter V
PROVISIONS AS TO HEALTH AND SAFETY
Sec 19 Drinking water
Sec 20 Conservancy
• separately for males and females in every mine, a sufficient number of latrines and urinals of
prescribed types so situated as to be convenient and accessible to persons employed in the mine at
all times.

Sec 21 Medical appliances


• first-aid boxes or cupboards equipped with prescribed contents
• kept in the charge of a responsible person who is trained in such first-aid treatment
• During all working hours
• the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily
injury or become ill
• every mine wherein more than 150 persons are employed, there shall be provided and maintained a
first-aid room of such size with such equipment and in the charge of such medical and nursing staff as
may be prescribed.

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER
1. Under the provisions of the Mines Act, 1952 an owner or agent of a mine is
required to provide which of the following facilities for the persons employed in the
mine?
(a) Drinking water (b) Conservancy (c) Medical appliances (d) Recreation facilities
Choose the correct option from the following :
(1) (a), (b) and (d) only
(2) (a), (c) and (d) only
(3) (a), (b) and (c) only
(4) (b), (c) and (d) only
1. Under the provisions of the Mines Act, 1952 an owner or agent of a mine is
required to provide which of the following facilities for the persons employed in the
mine?
(a) Drinking water (b) Conservancy (c) Medical appliances (d) Recreation facilities
Choose the correct option from the following :
(1) (a), (b) and (d) only
(2) (a), (c) and (d) only
(3) (a), (b) and (c) only
(4) (b), (c) and (d) only
THE MINES RULES, 1955
29Q 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 consultation 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 membership records available at that point of time ,. When the number of persons
employed in a mine exceeds 1500, the Workmen’s Inspector shall be assisted by one additional
Workmen’s Inspector in mining discipline for every additional 1000 persons or part thereof.
29T 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 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
30. 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
43. [First-aid rooms (1) At every mine employing more than 150 persons on any one day of the
preceding calendar year, there shall be provided and maintained in good order a suitable first-aid
room.
[62. Provision of shelters - At every mine where more than 50 persons are ordinarily employed,
there shall be provided adequate and suitable shelters at or near loading wharves, opencast
workings, workshops and mine entrances where 25 or more persons are ordinarily employed for
taking food and rest ; Provided that any canteen maintained in accordance with these rules may be
regarded as part of the requirements of this rule.]
64. Provision of Canteens - (1) At every mine where in more than 250 persons are ordinarily
employed, if the Chief Inspector or an Inspector so requires, there shall be provided and maintained
in or adjacent to the precincts of the mine, a canteen for the use of all persons employed ;
72. Welfare Officer – (1) For every mine wherein 500 or more persons are [ordinarily employed] the
owner, agent or manager shall appoint a suitably qualified person as Welfare Officer, and where the
number of persons so employed in a mine exceeds 2500 ,such Welfare Officer shall be assisted by
one suitably qualified additional Welfare Officer for every additional 2000 persons or part thereof
employed
Sec 22 Powers of Inspectors when causes of danger not expressly provided
against exist or when employment of persons is dangerous
• If the Chief Inspector or an Inspector feel that any mine or part or any matter, thing or practice in or connected with the
mine, or with the control, supervision, management or direction, is dangerous to human life or safety or defective so as
to threaten, or tend to, the bodily injury of any person, he may give notice in writing .
• to the owner, agent or manager of the mine and shall state in the notice the particulars and require the same to be
remedied within time and in prescribed manner
• Where the owner, agent or manager of mine fails to comply , the Chief Inspector or the Inspector, by order in writing,
prohibit the employment in or about the mine or any part
• the Chief Inspector or the Inspector, by order in writing prohibit the extraction or reduction of pillars or blocks of
minerals in any mine if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the
premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of persons employed
• by general or special order in writing by the Chief Inspector, is of opinion that there is urgent and immediate danger to
the life or safety of any person employed in any mine he may, by order in writing containing a statement of the grounds
of his opinion, prohibit.
• Every person whose employment is prohibited under be entitled to payment of full wages for the period, the owner,
agent or manager shall be liable for payment of such full wages of that person

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Process of Notice by Inspector
Notices within 10 days, regarding danger or prohibition

Report same to central govt.

Owner, agent who has objection, can appeal to Central Govt. in writing within 20
days

Objection shall be referred to committee, within 2 months

Decision is then made by committee

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Power to prohibit employment
Sec 22A in certain cases
• The Chief Inspector can give notice in writing to comply , if any the owner, agent or
manager of a mine fails to comply with such provisions. The time in notice can be
extended.
• the Chief Inspector may, by order in writing, prohibit the employment reasonably
necessary for securing compliance with the terms of the notice, if owner, agent or
manager fails to comply with the terms of a notice even after extension
• Every person whose employment is prohibited shall be entitled to payment of full
wages for the period
• owner, agent or manager may, instead of paying such full wages, provide such person
with an alternative employment at the same wages which such person was
receiving in the employment

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Sec 23 Notice to be given of accidents
• the owner, agent or manager of the mine shall give notice of the occurrence to such authority
• post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by
trade union officials,
• the notice is kept on the board for not less than 14 days from the date of such posting in case below
• Make entry in register
• (a) an accident causing loss of life or serious bodily injury,
• (b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter
• (c) an influx of inflammable or noxious gases
• (d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an
incline,
• (e) an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or
raise
• (f) a premature collapse of any part of the working
• (g) any other accident which may be prescribed
• Authority or inspector shall make an inquire into the occurrence within 2 months of the receipt of the notice, in cause
of death

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Notice kept for 14 days on
Notice for accident to authority Make entry in register
notice board

Copy of entries send to Chief Central govt. can direct to make


Authority /Inspector inquire
inspector,on or before the 20th entry in register, if accident,
within 2 months in case of
day of January in the year bodily injury cause absence
death
following from duty exceeding 24 hrs.

place of accident shall not be


Chief Inspector or the said Inspector fails to inspect the
disturbed or altered before the
place of accident within 72 hours of the time of the
arrival or without the consent of
accident, work may be resumed at the place of the
the Chief Inspector or the
accident.
Inspector

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Sec 24 Power of Government to appoint
Court of inquiry in cases of accidents
• The Central Government may, for a formal inquiry into the causes of and circumstances
attending the accident
• appoint a competent person to hold such inquiry and may also appoint one or more persons
possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.
• Competent person shall have all the powers of a civil court under the Code of Civil Procedure,
1908, for the purpose of enforcing the attendance of witnesses and compelling the production
of documents and material objects
• Person may exercise such of the powers of an Inspector
• Person shall make a report to the Central Government stating the causes of the accident and its
circumstances, and adding any observations which he or any of the assessors may think fit to
make.

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Sec 25 Notice of certain diseases
• any person employed in mine contracts any disease connected with mining operations, the owner,
agent or manager of the mine, shall send notice thereof to the Chief Inspector and to such other
authorities.
• Medical practitioner attends on a person to be suffering from any disease.
• the medical practitioner shall without delay send a report in writing to the Chief Inspector stating—
• (a) the name and address of the patient,
• (b) the disease from which the patient is or is believed to be suffering, and
• (c) the name and address of the mine in which the patient is or was last employed
• Where the report is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying
surgeon
• Chief Inspector shall pay to the medical practitioner fee as may be prescribed, and the fee so paid shall be
recoverable as an arrear of land revenue from the owner, agent or manager of the mine
• any medical practitioner fails to comply with the provisions he shall be punishable with fine which may
extend to 50 rupees

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Sec 26 Power to direct investigation of causes of disease
• The Central Government may, appoint a competent person to inquire into and
report to it on any case where a disease notified.
• may also appoint one or more persons possessing legal or special knowledge to act
as assessors in such inquiry.

Sec 27 Publication of reports.


• The Central Government may cause any report submitted by a Committee
• or any report of extracts from any report submitted to it under section 26,
• and shall cause every report submitted by a Court of inquiry under section 24 to be
published at such time and in such manner as it may think fit

LAKSHMI KUSHWAHA TELEGRAM : NET/JRF HRM LEARNER


Chapter VI
HOURS AND LIMITATION OF EMPLOYMENT
Sec 28 Weekly day of rest.
• No person shall be allowed to work in a mine on more than 6 days in any one week.

Sec 29 Compensatory days of rest


• any person employed therein is deprived of any of the weekly days of rest for which
provision is made in section 28,
• he shall be allowed, within the month in which such days of rest were due to him or
within the two months immediately following that month, compensatory days of rest
equal in number to the days of rest of which he has been deprived.
Sec 30 Sec 31
Hours of work above ground Hours of work below ground
• No adult allowed to work for more than • )No adult employed below ground in a
48 hours in any week or for more than 9 mine shall be allowed to work for more
hours in any day (chief inspector may fix than 48 hours in any week or for more
max hours) than 8 hours in any day
• Day work & interval for rest, shall not in • No work shall be carried on below
any day spread over more than 12 ground in any mine except by a system
hours. ( Chief Inspector in writing , of shifts so arranged that the period of
permit the spread-over to extend over a work for each shift is not spread-over
period not exceeding 14 hours in any more than the daily maximum hours
day.) • No person employed in a mine shall be
• Persons belonging to two or more shifts allowed to be present in any part of a
shall not be allowed to do work of the mine below ground except during the
same kind above ground at the same periods of work shown in respect of him
time in the register maintained
Sec 32 Night Shift
• Where a person employed in a mine works on a shift which
extends beyond midnight
• a) a weekly day of rest of period of 24 consecutive hours
beginning when his shift ends
• b)the following day for him shall be deemed to be the period of
twenty-four hours beginning when such shift ends, and the hours
he has worked after midnight shall be counted in the previous
day
Sec 34 Extra wages for overtime
• Where in a mine a person works above ground for more than 9 hours in any day, or works below ground for
more than 8 hours in any day or works for more than 48 hours in any week whether above ground or below
ground
• overtime work 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 favourable to him
• Where any person employed in a mine is paid on piece-rate basis, the time-rate shall be taken as equivalent
to the daily average of his full-time earnings for the days on which he actually worked during the week
immediately preceding the week in which overtime work has been done.
• overtime, time-rate shall be deemed to be the ordinary rate of wages of such person
• 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
• The Central Government may prescribe the registers to be maintained in a mine for the purpose of securing
compliance
Overtime above the ground Overtime below the ground Piece Rate

• 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

Sec 35 Limitation of daily hours of work including overtime work


• no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in
any day inclusive of overtime

Sec 36 Notices regarding hours of work


• The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed
form stating the time of the commencement and of the end of work at the mine
• , the time of the commencement and of the end of work for each relay.
• In the case of a mine at which mining operations commence after the commencement of this Act, the notice
shall be posted not less than 7 days before the commencement of work.
• Notice also state the time of the commencement and of the intervals for rest for persons employed above
ground and a copy thereof shall be sent to the Chief Inspector,
Employment of persons below eighteen years of
Sec 40 age
• no person below eighteen years of age shall be allowed to work in any mine or part thereof
• apprentices and other trainees, not below 16 years of age, may be allowed to work, under
proper supervision, in a mine or part thereof by the manager
• trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall
be obtained before they are allowed to work

Sec 43 Power to require medical examination


• Inspector can give notice to manager, examination by certifying surgeon of
• Any person employed in mine
• Apprentice and trainee
• If they are not medically fit, prohibit their employment
Sec 46 Employment of women
• No woman shall be employed—
• (a) in any part of a mine which is below ground;
• (b) in any mine above ground except between the hours of 6 A.M. and 7 P.M.
• Every woman employed in a mine above ground shall be allowed an interval of
not less than 11 hours between the termination of employment on any one day
and the commencement of the next period of employment
• Central Government may, by notification
• in the Official Gazette, vary the hours of employment above ground of women in
respect of any mine or class or description of mine, so however that no
employment of any woman between the hours of 10 P.M. and 5 A.M. is
permitted
Registers of persons
Sec 48 employed
• For every mine,place a register of all persons employed in the mine showing in
respect of each such person
• the name of the employee with the name of his father or, of her husband, as
the case may be, and such other particulars as may be necessary for purposes
of identification;
• (b) the age and sex of the employee;
• (c) the nature of employment (whether above ground or below ground, and if
above ground, whether in open cast workings or otherwise) and the date of
commencement thereof
• No person shall be employed without recorded in the register and employed
except during the periods of work shown in respect of him in the register
For every mine other than a mine which, for
Sec any special reason to be recorded, is exempted
by the Central Government by general or
48(4) special order
• there shall be kept in the prescribed form and place separate registers showing
in respect of each person employed in the mine— (a) below ground;
• (b) above ground in open cast workings; and (c) above ground in other cases—
• (i) the name of the employee;
• (ii) the class or kind of his employment;
• (iii) where work is carried on by a system of relays, the shift to which he
belongs and the hours of the shift.
• The register of persons employed below ground shall show at any moment the
name of every person who is then present below ground in the mine
Chapter VII
LEAVE WITH WAGES
Sec 50 Leave defined
• leave shall not include weekly days of rest or holidays for festivals or
other similar occasions whether occurring during or at either end of
the period of leave.

Sec 51 Calendar year defined


• a calendar year shall mean the period of twelve months beginning
with the first day of January in any year.
Sec 52: Annual leave with wages
Person Employed
Person Employed BELOW THE GROUND
ABOVE THE GROUND
• During the calendar year completed not less • During the calendar year completed not less
than 190 DAYS attendances at the mine than 240 DAYS attendances
• at the rate of one day for every 15 days of work • at the rate of one day for every 20 days of work
• Any leave not taken be allowed to him during the performed
succeeding calendar year • Any leave not taken be allowed to him during the
• total number of days of leave which may be succeeding calendar year
accumulated by any such person shall not at any • total number of days of leave which may be
one time exceed 30 days in all accumulated by any such person shall not at any
• Whose work commence other than 1st Jan one time exceed 30 days in all
:should put in attendances for not less than one- • Whose work commence other than 1st Jan :
half of the total number of days during the should put in attendances for not less than two-
remainder of the calendar year third of the total number of days during the
remainder of the calendar year
Sec 52: Annual leave with wages
Deemed to be the days on which the employee has worked in a mine for the purpose of computation
of the attendances
1. Layoff
2. Maternity Leave
3. Paid Leave
Worker/person has to apply in writing to the manager of the mine not less than 15 days before the
day on which he wishes his leave to begin, for all leave or any portion.
The number of times in which leave may be taken during any one calendar year shall not exceed
three.
If a person employed in a mine wants to avail himself of the leave with wages due to him to cover a
period of illness, he shall be granted such leave even if the application for leave is not made within
the time
Discharged /Dismissed
TERMINATION
Superannuated or death
• terminated by the owner, agent or manager of • he or his heirs or his nominee, as the case
the mine before he has taken the entire leave may be, shall be entitled to wages in lieu of
to which he is entitled leave due to him calculated at the rate
• if such person having applied for and having specified
not been granted such leave, quits his • Below the ground: complete one and half of
employment before he has taken the leave the total number of days from the date of his
• owner, agent or manager of the mine shall pay employment to the date of his discharge or
him the amount payable dismissal or quitting of employment or
• before the expiry of the 2nd working day superannuation or death
after such termination • Above the ground: complete 2/3 of total
• himself quits his employment, on or before the number of days
next pay day • Paid won the expiry of 2nd day after such
discharge, dismissal, quitting of employment or
superannuation
ages
• In case of death: within 2 month
Sec 53 Wages during leave period
• For the leave allowed to a person employed in a mine
• he shall be paid at a rate equal to the daily average of his total full-time earnings
for the days on which he was employed during the month immediately preceding
his leave
• inclusive of any dearness allowance and compensation in cash including such
compensation, free issue of foodgrains and other articles as persons employed in
the mine
• exclusive of any over-time wages and bonus
• Provided no such average earnings are available, then the average shall be
computed on the basis of the daily average of the total full-time earnings of all
persons similarly employed for the same month.
Sec 54 Payment in advance in certain cases
• Any person employed in a mine who has been allowed leave for not less than 4 days, shall, before
his leave begins, be paid the wages due for the period of the leave allowed.

Sec 55 Mode of recovery of unpaid wage


• Any sum required to be paid by the owner, agent or manager of a mine under this Chapter but not
paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages
Act, 1936 (4 of 1936).

Sec 56 Power to exempt mines


• Where the Central Government is satisfied that the leave rules applicable to persons employed in
any mine provide benefits which in its opinion are not less favourable as provided in chapter
• by order in writing and subject to such conditions as may be specified therein, exempt the mine
from all or any of the provisions
Chapter VIII
REGULATIONS, RULES AND BYE-LAWS
Power of Central Government to make
Sec 57 regulations
• The Central Government may, by notification in the Official Gazette, make regulations consistent with this Act for all
or any of the following purposes, namely:—
• (a) qualifications required for appointment as Chief Inspector or Inspector;
• (b) the duties and powers of the Chief Inspector and of Inspectors
• (c) for prescribing the duties of owners, agents and managers of mines and qualifications
• (d) for requiring facilities to be provided for enabling managers of mines and other persons acting under them to
efficiently discharge their duties;
• (e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines
and persons acting under them, and the granting and renewal of certificates of competency;
• (f) for fixing the fees,
• (g) for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines
• 2[(h) for providing for inquiries to be made under this Act
• (i) for regulating, subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884), and of any rules made
thereunder, the storage, conveyance and use of explosives;
Sec 58 Power of Central Government to make rules
• The Central Government may, by notification in the Official Gazette, make rules consistent with
this Act

Sec 59 Prior publication of regulation and rules.


• The date to be specified in accordance as that after which a draft of regulations or rules proposed
to be made will be taken under consideration,
• shall not be less than three months from the date on which the draft of the proposed regulations
or rules is published for general information.

Sec 60 Power to make regulations without previous publication


• if the Central Government is satisfied that for the prevention of apprehended danger or the
speedy remedy of conditions likely to cause danger it is necessary in making such regulations to
dispense with the delay that would result from such publication and reference
Sec 61 Bye-laws
• The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or
Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bylaws
• as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety,
convenience and discipline of the persons employed in the mine
• a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief
Inspector or Inspector,
• b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector
sufficient
• the Chief Inspector or Inspector may— (i) propose a draft of such bye-laws as appear to him to be sufficient,
or (ii) propose such amendments in any draft submitted to him by the owner, agent or manager

Sec 61 A Laying regulations, rules and bye-laws before parliament


• Every regulation made and every bye-law made shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive
• kept posted up at or near every Mine in English and in such other language or languages as may be
prescribed, the prescribed abstracts of the Act and of the regulations and rules
CHAPTER IX
PENALTIES AND PROCEDURE
Sec 65
Sec 63 Sec 64
Use of false certificates of
Obstruction Falsification of records, etc
fitness
• Obstruction: imprisonment • shall be punishable with • with imprisonment for a
for a term which may imprisonment for a term term which may extend to
extend to 3 months, or which may extend to 3 1 month, or with fine
with fine which may months, or with fine which may extend to 200
extend to 500 or with which may extend to 1000 rupees, or with both.
both. or with both
• refuses to produce : be
punishable with fine which
may extend to 300 rupees
Sec 66 Sec 67 Sec 68
Omission to furnish plans, Contravention of provisions Penalty for employment of
etc( return, notice, regarding employment of persons below eighteen
register,) labour years of age
• punishable with fine • with imprisonment for a • the owner, agent or
which may extend to term which may extend to manager of such mine
1000 rupees. 3 months, or with fine shall be punishable with
which may extend to fine which may extend to
1000 rupees, or with 500
both

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy