MINES ACT, 1952

INRODUCTION

Indian Mines Act, 1923

DEFINIITION AGENT- In relation to a mine means

every person appointed as such or not who acting or purporting to act on behalf of the owner, takes part in management, control, supervision or directio of mine

EMPLOYED- Who works as the manager or who works under appointment

- in any mining operation

- in operations or services relating to the development of the mine

- in operating, servicing, maintaining or repairing of machinery

- in operations, within premises of mine, of loading for dispatch

- in any office of the mine - in welfare, health, sanitary or

conservancy or watch and ward - in any kind of work preparatory

or incidental to, or connected with, mining operations

MINE- Excavation for searching for and obtaining minerals and includes

- all borings, bore holes, oil wells and accessory crude conditioning plants, including pipes

- all shafts - all levels and inclined planes - all open cast workings - all conveyors and open ropeways - all audits, levels, planes,

machinery, works, railways, tramways and sidings

- all protective works

- all workshops and stores - all power stations etc. - any premise to deposit sand for

use in mine or to deposit refuse from mine

- any premise for process ancillary to getting dressing or preparation for sale of minerals or of coke

MINERAL- All substances which can be obtained from the earth by mining, digging, dredging, hydraulicing, quarrying or any other operation and includes mineral oil

OFFICE OF THE MINE OPEN CAST WORKING

OWNER means immediate proprietor or lessee or occupier and if business is carried on by liquidator or receiver, such liquidator or receiver

but does not include person receiving royalty, rent or fine, mere proprietor of the mine subject to lease, grant or licence, mere owner of the soil not interested in the minerals,

but contractor or sub-lessee for working of mine is subject to this Act as if he were an owner, but not so as to exempt the owner from any liability

REPORTABLE INJURY- Involving enforced absence from work for sevety two hours or more

SERIOUS BODILY INJURY- permanent loss of any part of body

BELOW GROUND - In shaft - in any excavation extending

below superjacent ground ABOVE GROUND - In open cast or not specified as

above

Section 3- Act not to apply in certain cases

The provisions of this Act except those in Sections 7,8,9,45 and 46 are not to apply to

(a) any mine in which excavation is being made for prospecting purpose only, not for obtaining minerals for use or sale

provided not more than twenty persons are employed, and depth of excavation from highest to lowest point nowhere exceeds six metres, and no part of excavation extends below superjacent ground

(b) any mine engaged in extraction of kankar, murrum, laterite, boulder, gravel, single, sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay) building stone, slate road metal, earth, fullers earth, marl, chalk and lime stone

provided workings are not extending below superjacent ground and in open cast depth is not more than six metres, number of persons employed not more than fifty and explosives are not used

INSPECTORS AND CERTIFYING SURGEONS Section 5- Chief Inspector and

Inspectors Section 6- Functions of Inspectors Section 7- Powers of Inspectors of

Mines Section 8- Powers of Special Officer

to enter, measure, etc. Section 9- Facilities to be provided

for occupational health survey

Section 10- Secrecy of information obtained

Section 11- Certifying Surgeon

COMMITTEES Section 12- Central Government is

to constitute Committee for the purpose of the Act, consisting of

(a) A person, not being Chief Inspector, to act as Chairman

(b) Chief Inspector of Mines (c) Two persons to represent the

interest of miners appointed by Central Government

(d) Two persons to represent the interest of miners appointed by Central Government

(e) Two qualified mining engineers not directly employed in mining industry

provided one person in (c) and (d) represents the interest of workers in coal mines

Section 13- Functions of the Committee

Section 14- Powers etc. of the Committee

Section 15- Recovery of expenses

MINING OPERATION AND MANAGEMENT OF MINES Section 16(1)- Notice to be given of

mining operations The owner, agent or manager of

mine, before commencement of mining operation is to give notice to Chief Inspector, Controller Indian Bureau of Mines and District Magistrate in writing in form prescribed and particulars

(2) To reach them one month before commencement of mining operation

Section 17(1)- Manager Every mine to be under a sole

manager having prescribed qualifications appointed by owner or agent provided owner or agent, if qualified, may himself be the manager

(2) Subject to instructions given by owner or agent, manager is to be responsible for over all management, control, supervision and direction of the mine- and all such instructions are to be confirmed in writing forthwith

(3) Except in emergency, owner, agent or anyone on his behalf is not to give, otherwise than through manager, instructions affecting the fulfilment of his statutory duties to a person, employed in a mine, who is responsible to manager

Section 18(1)- Duties and responsibilities of owners, agents and managers

Owner and agent to be responsible for making financial and other provisions and for taking steps necessary for compliance with provisions of this Act and regulations, rules, bye-laws and orders made thereunder

(2) The responsibility in respect to matters provided for in rules under (d), (e) and (p) of Section 58 are to be exclusively carry out by owner and agent and person (other than the manager) appointed for securing compliance with these provisions

(3) If carrying out of instructions under Section 17 given otherwise than manager results in contravention of the provisions of this Act, person giving instructions will be responsible for contravention

(4) Owner, agent and manager are

to be each responsible to see all operations are carried out according to provisions

(5) In the event of any contravention besides the person contravening, supervisor, manager, owner and agent, et al will be responsible

(6) Owner and agent are to be ultimately responsible even if manager and other officials or person under sub-section (2) has been appointed

PROVISIONS AS TO HEALTH AND SAFETY Section 19- Drinking water Section 20- Conservancy Section 21- Medical appliances

Section 22(1)- Powers of Inspectors when causes of danger not expressly provided against exists or when the employment of a person is dangerous

Inspector may give notice in writing to require it to be remedied

(1A) If no compliance he may by order prohibit the employment

(2) he may by order prohibit the extraction or reduction of pillars or blocks

(3A) Anyone prohibited employment is to be entitled for full wages

(4) Appeal against order of Inspector is to be made to chief Inspector within ten days

(5) Chief Inspector or Inspector to send report of their order to Central Government

(6) Appeal against order of Chief Inspector is to be made to Central Government within twenty days, Central Government is to refer it to Committee

(7) Order of Chief Inspector is to be complied with pending decision of the Committee

Section 22A(1)- Power to prohibit employment in certain cases

In respect to any matter relating to safety for which express provision is made Chief Inspector may give order in writing for compliance

(2) If no compliance he may by order prohibit the employment

(3) Anyone prohibited employment is to be entitled for full wages

(4) Provisions of (5), (6) and(7) of Section 22 are to apply

Section 23- Notice to be given of accidents

Section 24- Power of Government to appoint Court of Inquiry in accidents

Section 25- Notice of certain diseases

Section 26- Power to direct investigation of causes of disease

Section 27- Publication of Reports

HOURS AND LIMITATION OF EMPLOYMENT Section28- Weekly day of rest Section 29- Compensatory days of rest Section 30- Hours of work above

ground forty eight hours a week, nine hours a

day, no spreadover more than twelve hours, no five hours continuous work, maximum spreadover fourteen hours, two shifts not to do work of same kind at the same time

Section 31- Hours of work below ground

Section 32- Night shifts Section 33- Extra wages for

overtime

Section 34- Prohibition of employment of certain persons

Section 35- Limitation of daily hours of work including overtime work

Section 36- Notices regarding hours of work

Section 37- Supervising staff Section 38- Exemption from

provisions regarding employment

Section 39- Power to make exepting rules

Section 40- Employment of persons below eighteen years of age

Section 43- Power to require medical examination

Section 45- Prohibition of the presence of persons bellow eighteen years of age in a mine

Section 46- Employment of women Section 48- Registers of persons

employed

LEAVE WITH WAGES

Section 49- Application of Chapter Section 50- Leave defined Section 51- Calendar year defined Section 52- Annual leave with

wages

Section 53- Wages during leave period

Section 54- Payment in advance in certain cases

Section 55- Mode of recovery of unpaid wages

Section 56- Power to exempt mines