MINES ACT, 1952

INRODUCTION


Indian Mines Act, 1923

DEFINITIONS


AGENT- In relation to a 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 EMPLOYED- Who works as the manager or who works under appointment by the owner, agent or manager - 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 the premises of mine, of loading for dispatch of minerals - in any office of the mine - in welfare, health, sanitary or conservancy or watch and ward within premises of the mine - 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 pipe conveying mineral oil - all shafts - all levels and inclined planes - all open cast workings - all conveyors and aerial ropeways - all adits, levels, planes, machinery, works, railways, tramways and sidings - all protective works

- all workshops and stores situated within the precincts of the mine and under the same management - all power stations etc. - any premises to deposit sand and other material for use in mine or to deposit refuse from mine - any premises 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, drilling, dredging, hydraulicing, quarrying or by any other operation and includes mineral oils 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 merely receiving royalty, rent or fine, or 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- Any injury other than serious bodily injury involving enforced absence from work for seventy two hours or more SERIOUS BODILY INJURY- Any injury involving permanent loss or loss of use of any part of body, sight, hearing etc.

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 on any day, and

depth of excavation from highest to lowest point nowhere exceeds six metres, or in case of excavation of coal, fifteen metres, and no part of excavation extends below superjacent ground, or (b) any mine engaged in extraction of kankar, murrum, laterite, boulder, gravel, shingle, 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

(2) Central Government has power to make any provision applicable to any mine (3) If any condition is not fulfilled Act will be applicable Sections 7, 8 and 9 is about Inspectors Sections 45 and 46 is concerning young persons and employment of women

INSPECTORS AND CERTIFYING SURGEONS



Section 5- Chief Inspector and Inspectors- The Central Government may appoint Chief Inspector of Mines for all the territories to which this Act extends and Inspectors of Mines subordinate to the Chief Inspector Section 6- Functions of InspectorsChief Inspector is to authorise Inspectors to exercise his powers Section 7- Powers of Inspectors of Mines

Section 8- Powers of Special Officer to enter, survey, level or measure, etc. Section 9- Facilities to be afforded to Inspectors Section 9A- Facilities to be provided for occupational health survey Section 10- Secrecy of information obtained

Section 11- Certifying Surgeon Qualified medical practitioners to be Certifying Surgeons A Certifying Surgeon may authorize a qualified medical practitioner to exercise all or any of his power A person having interest in mine is not to be appointed Duties of Certifying Surgeon are - Examination of persons engaged in dangerous operations - Medical supervision

COMMITTEES


Section 12- Central Government is to constitute Committee for the purpose of the Act, consisting of (a) A person in the service of the Government, not being Chief Inspector or 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 owners of mines appointed by Central Government (e) Two qualified mining engineers not directly employed in mining industry appointed by Central Government provided one person in (c) and (d) represents the interest of workers in coal mines

Section 13(1)- Functions of the Committee Committee is to (a) consider proposals for making rules and regulations under this Act and make appropriate recommendations (b) enquire into accidents and other matters referred to it and make reports (c) hear and decide appeals etc. (2) Chief Inspector will not take part in hearing and deciding appeals against his own order

Section 14- Powers etc. of the Committee Committee is to exercise powers - of Inspector under this Act - of a court under the Code of Civil Procedure

Section 15- Recovery of expenses - Expenses of enquiry conducted by Committee are to be borne by owner or agent

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 and particulars as prescribed (2) Notice is 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 or on behalf of owner or agent, manager is to be responsible for over all management, control, supervision and direction of the mine and all such instructions given by owner or agent 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 each 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 carried 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) Subject to provisions as above

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 subsection (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 If, in respect to any matter for which no express provision is made by this Act, it appears to the Inspector causes of danger exist or employment of a person is dangerous, he may give notice in writing to require it to be remedied (1A) If owner, agent or manager fails to comply he may by order in writing prohibit the employment (2) He may by order in writing prohibit the extraction or reduction of pillars or blocks of minerals

(3) If Chief Inspector or Inspector is of opinion that there is urgent and immediate danger to life or safety of any person he may by order in writing prohibit the employment until he is satisfied that danger is removed (3A) Anyone prohibited employment is to be entitled for full wages (4) Appeal against order of Inspector as above is to be made to chief Inspector within ten days

(5) Chief Inspector or Inspector is to send report of his 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 owner or agent do not comply 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 - Whenever there occurs accident etc. in or about mine, notice is to be given in prescribed form to prescribed authority within prescribed - Where notice is given relating to accident causing loss of life, authority is to make inquiry within two months of receipt of notice - Entries are to be made in register - A copy of entries is to be sent to Inspector

- Whenever there occurs accident causing loss of life or serious bodily injury, the place of accident is not to be disturbed unless it is necessary, provided where Inspector fails to inspect within seventy two hours work may be resumed Section 24- Power of Government to appoint Court of Inquiry in accidents

Section 25- Notice of certain diseases Where any person contracts any disease connected with mining operations, notice is to be given in prescribed form to prescribed authority within prescribed time If a medical practitioner attends the person he is to send report If report is confirmed by Certifying Surgeon, he is to be Paid 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 - Not more than forty eight hours a week or nine hours a day - no spread over more than twelve hours, no five hours continuous work without break of half hour - two shifts not to do work of same kind at the same time

 

Section 31- Hours of work below ground Not more than forty eight hours a week or eight hours a day, no spread over more than maximum hours, no person allowed in a mine except during period of work shown in respect of him in register Section 32- Night shifts Section 33- Extra wages for overtime If a person works more than nine hours above ground or more than eight hours

below ground or more than forty eight hours in a week above ground or below ground he is to be paid twice his ordinary rate of wages Section 34- Prohibition of employment of certain personsif he has been working in another mine within preceding twelve hours Section 35- Limitation of daily hours of work including overtime work- Ten hours Section 36- Notices regarding hours of work

 

Section 37- Supervising staff Section 38- Exemption from provisions regarding employment in emergency Section 39- Power to make excepting rules Section 40- Employment of persons below eighteen years of age is not allowed in a mine but apprentices not below seventeen years may be allowed to work under supervision Section 43- Power to require medical examination regarding age or fitness

Section 45- Prohibition of presence of persons below eighteen years of age in mine Section 46- Employment of women is prohibited in any part of a mine below ground, and above ground except between 6 A.M. to 7 P.M. Not less than eleven hours rest between two periods of employment Hours of employment may vary but not between 10 P.M. and 5 A.M. Section 48- Registers of persons employed

- For every mine a register of all persons employed in the mine is to be kept in prescribed form and place - Entries in the register are to be such that workers working in accordance with it will not be contravening any provisions - No person will be employed in mine until his particulars are recorded and except as recorded - Separate registers are to be kept for different mines

- Register for persons below ground is to show at any moment the name of persons below ground - No person is to enter mine unless he is permitted by the manager

LEAVE WITH WAGES

   

Section 49- Application of Chapter Section 50- Leave defined Section 51- Calendar year defined Section 52- Annual leave with wages - One day for fifteen days below ground - One day for twenty days aboveground if person has worked for one hundred and ninety days below ground or two hundred and forty days above ground 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

REGULATIONS, RULES AND BYELAWS



Section 57- Power of Central Government to make regulations Section 58- Power of Central Government to make rules Section 59- Prior publication of regulations and rules Section 60- Power to make regulations without previous publications Section 61- Bye-laws

Section 61A- Laying of regulation, rules and bye-laws before Parliament - Every regulation is to be laid before each House of Parliament, while in session, for total period of thirty days... Section 62- Posting up of abstracts from Act, regulations, etc.

PENALTIES AND PROCEDURE



Sections 63- 81

MISCELLANEOUS


 

Section 82- Decision of question whether a mine is under this Act Section 83- Power to exempt from operation of Act Sections 84-86 Section 87- Protection of action taken in good faith Section 88- Repeal of Act 4 of 1923