LexThe Mines Act 1952
Haryana · state statute
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THE MINES ACT, 1952
(Act No. 35 of 1952 )
(15 March, 1952)
(As modified upto 1983)
An Act to amend and consolidate the law relating to the Regulation of labour and safety in mines
Be it enacted by Parliament as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement –
(1)This Act may be called the Mines Act, 1952.
(2)It extends to whole of India
(3)It shall come into force on sub date or dates as the Central Government may, by
notification in the official Gazette, appoint, and different dates may be appointed for
different provisions of this Act and for different states but not later than 31
st December,
1953.
2. Definitions : - (1) In this Act, unless the context otherwise requires :
(a) omitted
(b) “adult” means a person who has completed his eighteenth year.
(c) “agent”, when used 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 the
management, control, supervision or direction of the mine or of any part thereof:
(d) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act;
(e) “Committee” means a committee constituted under section 12:
(f) “day” means a period of twenty-four hours beginning at mid-night;
(g) “district magistrate” means, in a presidency-town, the person appointed by the Central
Government to perform the duties of a district magistrate under this Act in that town;
(h) a person is said to be “employed” in a mine who works as the manager or who works
under appointment by the owner, agent or manager of the mine or with knowledge of the
manager, whether for wages or not.
(i) in any mining operation (including the concomitant operations of handing and transport
of minerals up to the point of despatch and of gathering sand and transport thereof to the
mine)
(ii) in operations or services relating to the development of the mine including
construction of plant therein but excluding construction of buildings, roads, wells and any
building work not directly connected with any existing or future mining operations:
(iii) in operating, servicing, maintaining or repairing any part or any machinery used in or
about the mine;
(iv) in operations, within the premises of the mine of loading for despatch of minerals;
(v) in any office of the mine:
(vi) in any welfare, health, sanitary or conservancy services required to be provided under
this Act, or watch and ward, within the premises of the mine excluding residential area;
or
(vii) in any kind of work whatsoever which is preparatory or incidental to, or connected
with mining operations;
(i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a
district magistrate when exercising any power or performing any duty of an Inspector
which is empowered by this Act to exercise or perform;
(i) “mine” means any excavation where any operation for the purpose of searching for or
obtaining minerals has been or is being carried on and includes -
(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the
pipe conveying mineral oil within the oilfields:
(ii) all shafts, in or adjacent to and belonging to a mine, where in the course of being sunk
or not:
(iii) all levels and inclined planes in the course of being driven;
(iv) all opencast workings;
(v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine
of minerals or other articles or for the removal of refuse therefrom;
(vi)all adits, livels, planes, machinery works, railways, tramways and sidings in or
adjacent to and belonging to a mine;
(vii) all protective works being carried out in or adjacent to a mine;
(viii) all workshop and store situated within the precincts of a mine and the same
management and used primarily for the purposes connected with that mine or a number
of mines under the same management;
(ix) all power stations, transformer sub-stations converter stations : rectifier stations and
accumulator storage stations for supplying electricity solely or mainly for the purpose of
working the mine or a number of mines under the same management;
(x) any premises for the time being used for depositing sand or other material for use in
a mine or for depositing refuse from a mine or in which any operations in connection with
such and refuse or other material is being carried on, being premises exclusively
occupied by the owner of the mine:
(xi) any premises in or adjacent to and belonging to a mine or which any process ancillary
to the getting, dressing or operation for sale of minerals or of coke is being carried on;
(jj) “minerals” means 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 (which in turn include natural gas and petroleum):
(jjj)
(k) “office of the mine” means any office at the surface of the mine concerned;
(kk) “Open cast working” means a quarry, that is to say an 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.
(i) “owner” when used, in relation to a mine, means any person who is the immediate
proprietor or lessee or occupier of the mine or of any part thereof and in the case of a
mine the business whereof is being carried on by liquidator or receiver, such liquidator or
receiver but does not include a person who merely receives a royalty rent or fine from the
mine, subject to any lease grant or licence for the working thereof, or is merely the owner
of the soil and not interested in the minerals of the mine; but (any contractor or sub-
lessee for the working of a mine or any part thereof shall be subject to this Act in like
manner as if he were an owner, but not so as to exempt the owner from any liability;
(m) “Prescribed” means prescribed by rules, regulation or byelaws, as the case may ;
(n) “qualified medical practitioner” means a medical practitioner who possesses any
recognised medical qualification as defined in clause (h) of section 2 of the Indian
Medical Council Act, 1959 and who is enrolled on a state medical register as defined in
clause (k) of that section:)
(o) “regulations” “rules” and “bye-laws” means respectively regulations, rules and bye-
laws made under this Act;
(p) 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 is called a “relay” (and each of such
periods is called a “shift”,)
(pp)”reportable injury” means any injury other than a serious bodily injury which involves,
or in all probability will involve, the enforced absence of the injured persons from work for
a period of seventy-two hours or more.
(q) “serious bodily injury” means any injury which involves; or in 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, or 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.
(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 or
an Inspector.
(2) A person working or employed or employed in or in connection with a mine is said to
be working or employed –
(a) “below ground” if he is working or employed –
(i) in a shaft which has been or is in the course of being sunk; or
(ii) in any excavation which extends below superjacent ground; and
(b) “above ground” if he is working in open cast working or any other manner not
specified in clause (a)
3. (1) Act not 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 or part thereof in which excavation is being made for prospecting purposes
only and not for the purpose of obtaining minerals for use or sale :
Provided that –
(i)not more than twenty persons are employed on any one day in connection with
any such excavation.
(ii)the depth of the excavation measured from its highest to its lowest point
nowhere exceeds six, metres or, in the case of an excavation for coal fifteen
metres: and
(iii) no part of such excavation extends below superjacent ground; or
(b) any mine engaged in the extraction of kankar, murrum laterite, boulder,
gravel, shingle, ordinary 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, earthy fullers earth, marl chalk and lime stone.
Provided that –
(i) the working do not extend below superjacent ground: or
(ii)where it is an open cast working –
(a)the depth of the excavation measured from its highest to its lowest
point nowhere exceeds six metres;
(b)the number of persons employed on any one day does not exceed
fifty; and
(c)explosives are not used in connection with the excavation.
(2) Notwithstanding anything contained in sub-section (1) the Central Government may, if
it is satisfied that, having regard to the circumstances obtaining in relation to mine or part
thereof or ground or class of mines, it is necessary or desirable so to do by notification in
the official Gazette, declare that any of the provisions of this Act, not set out in sub-
section (10, shall apply to any such mine or part thereof or group of class of mines or any
class of persons employed therein.
(3) Without prejudice to the provisions contained in sub-section (2), if at any time any of
the conditions specified in the provision to clause (a) or clause (b) of sub-section (1) is
not fulfilled in relation to any mine referred to in that sub-section the provisions of this Act
not get out in sub-section (1), shall become immediately applicable, and it shall be the
duty of the owner, agent or manager of the mine to inform the prescribed authority in the
prescribed manner and within the prescribed time about the non-fulfilment.
(4) Reference to time of day – In this Act, reference to time of day are reference to Indian
standard time, being five and a half hours ahead of Green which mean time:
Provided that, for any area in 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.
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CHAPTER - II
INSPECTORS AND CERTIFYING SURGEONS
5. (1) Chief Inspector and Inspector - 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 to which this Act extends and such persons
as possess the prescribed qualifications to be Inspectors of Mines subordinate to the
Chief Inspector.
(2) No person shall be appointed to be Chief Inspector or an Inspector, or having been
appointed shall continue to hold such office, who is or becomes directly or indirectly
interested in any mine or mining rights in India.
(3) 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:
Provided that nothing in this sub-section shall be deemed to empower a District
Magistrate to exercise any of the Powers conferred by section 22 or section 22A or
section 61,
(4) The Chief Inspector and all Inspectors shall be deemed to be public servant within the
meaning of the Indian Penal Code.
6. (a) Functions of inspectors - The Chief Inspector may, with the approval of the Central
Government and subject to such restrictions or conditions as he may think fit to impose,
by order in writing: authorise any Inspector named or any class of Inspectors specified in
the order to exercise such of the powers of the Chief Inspector under this Act (other than
those relating to appeals) as he may specify.
(2) The Chief Inspector may by order in writing, prohibit or restrict the exercise by any
Inspector named or any class of Inspectors specified in the order of any power conferred
on Inspectors under this Act.
(3) Subject to the other provisions contained in this section, the Chief Inspector shall
declare the local area or areas within which or the group or class of mines with respect to
which Inspector shall exercise their respective powers.
7. (1) Powers of Inspectors of Mines – The Chief Inspector and any Inspector may –
(a)make such examination and inquiry as he thinks fit, in order to ascertain whether the
provisions of this Act and of the regulations, rules and bye-laws and of any orders made
there under are observed in the case of any mine;
(b) with such assistants, if any, as he thinks fit, inspect and examine any mine or any part
thereof at any time by day or night:
Provided that the power conferred by this clause shall not be exercise in such a manner
as unreasonably to impede or obstruct the working of mine.
(c) examine into, and make inquiry respecting, the state and condition of any mine, or any
part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being
in force relating to the mine and all matters and things connected with or relating to the
health, safety and welfare of the persons employed in the mine, and take whether on the
precincts of the mine or elsewhere statements of any person which he may consider
necessary for carrying out the purpose of this Act;
(d) exercise such other powers as may be prescribed by regulation made by the Central
Government in this behalf.
Provided that no person shall be compelled under this sub-section to answer any
question or make any statement tending to incriminate himself,
(2) The Chief Inspector and any Inspector may, if he has reason to believe as a result of
any inspection examination or inquiry under this section, that an offence under this Act
has been or is being committed, search any place and take possession of any material or
any plane section register other records appertaining to the mine and the provisions of
the Code of Criminal Procedure 1973 shall, so far as may be applicable, applied to any
search or seizure made under this Act as to apply to any search or seizure made under
the authority of a warrant issued under section 94 of the code.
8. Powers of special officers to enter, measure, etc. –
Any person in the service of Government duly authorised in this behalf 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; or any output therefrom after giving not less than three
days’ notice to the manager of such mine, enter the mine and may survey, level or
measure, the mine or any part thereof or any output therefrom after giving not less than
three days’ notice to the manager of such mine, enter the mine and may survey, level or
measure, the mine or any part thereof or any output therefrom at any time by day or
night:
Provided that, where in the opinion of the Chief Inspector or of an Inspector an
emergency exists, he may by order in writing, authorise any such person to enter the
mine for any of the aforesaid purpose without giving any such notice.
9. Facilities to be afforded to inspectors – Every owner, agent and manager of a mine shall
afford the Chief Inspector and every Inspector and every person authorised under section
8 all reasonable facilities for making any entry, Inspection; survey, measurement,
examination or inquiry under this Act.
“6A. Facilities to be provided for occupational health survey-
(i) The Chief Inspector or an Inspector or other officer authorised by him in writing in this
behalf, may 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 mines and the owner, agent or
manager of the mine shall 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 persons
employed in the mine chosen for the survey) to such Inspector or officer.
(2) Every person employed in a mine who is chosen for examination in any safety and
occupational health survey under sub-section (10 shall present himself for such
examination and at such place as may be necessary and shall furnish all information
regarding his work and health in connection with the said survey.
(3) The time spent by any person employed in a mine who is chosen for examination in
the safety and occupational health survey, shall be counted towards his working time, so
however that any overtime shall be paid at the ordinary rate of wages.
Explantion: For the purpose of this sub-section, “ordinary rate of wages” means
the basic wages plus any dearness allowance and underground allowance and
compensation in case including such compensation, if any accruing through the free
issue of foodgrains and edible oils as persons employed in a mine may, for the time
being, be entitled to, but does not include a bonus (other than a bonus given as incentive
for production) or any compensation accruing through the provision of amenities such as
free housing, free supply of coal, medical and educational facilities, sickness allowance,
supply of kerosen oil baskets, tools and uniforms.
(4) Any person who, on examination under sub-section (2) is found medically unfit to
discharge the duty which he was discharging in a mine immediately before such
presentation 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.
(5) If, after the medical treatment, the person referred to in sub-section (4) is declared
medically unfit to discharge the duty which he was discharging in a mine immediately
before absenting himself from the said examination and such unfitness is directly
describable 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 :
Provided that where no such alternative employment is immediately available,
such person shall be paid by the owner, agent and manager disability allowance
determined in accordance with the rates prescribed in this behalf;
Provided further that where such person 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 determined in accordance with the rates prescribed in this behalf.
(6) The rates under the provision sub-section (5) shall be determined having regard to the
monthly wages of the employees, the nature of disabilities and other related factors.”
10. Secrecy information obtained :--
(1) All copies of, and extracts from registers or other record appertaining to any mi9ne
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 of any mine under this Act or
acquired by any person authorised under section 8 or section 9A in the exercise of his
duties thereunder, 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 or
any other mine adjacent thereof.
(2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so
required) to –
“(a) any court;
(b) a Committee or court of inquiry constituted or appointed under section 12 or section
24, as the case may be:
(c) an official supervisor or the owner, agent or manager of the concerned mine:
(d) a Commissioner for workmen’s compensation appointed under the Workmen’s
Compensation Act, 1923;
(e) the Controller Indian Bureau of Mines.
(f) any registered or recognised trade union;
(g) such other officer, authority and organisation as may be specified in this behalf by the
Central Government.”
(3) If the Chief Inspector, or an Inspector or any other person referred to in sub-section
(1) discloses contrary to the provisions of this section, 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.
(4) No court shall proceed to the trial of any offence under this section except with the
previous sanction of the General Government.
11. Certifying Surgeons :--
(1) The Central Government may appoint qualified medical practitioners to be certifying
surgeons for the purpose of this Act within such local limits or for such mine or class or
description of mines as it may assign to them respectively.
(2) Subject to such conditions as the Central Government may think fit to impose, a
certifying surgeon may, with the approval of the Central Government, authorise any
qualified medical practitioner to exercise all or any of his powers under this Act for such
period as the certifying surgeon may specify, and references to a certifying surgeon shall
be deemed to include references to any qualified medical practitioner when so authorise.
(3) No person shall be appointed to be or authorised to exercise the powers of certifying
surgeon, or, having been so appointed or authorised, continue to exercise such powers,
who is or becomes the owner, agent or manager of a mine, or is or becomes directly or
indirectly interested therein, or in any process or business carried on therein or in any
patent or machinery connected therewith, or is otherwise in the employment of the mine.
(4) The certifying surgeon shall carry out such duties as may be prescribed in connection
with --
(a) ***
(b) the examination of persons engaged in a mine in such dangerous occupations or
processes as may be prescribed:
(c) the exercise of such medical supervision as may be prescribed for any mine or class
or description of mines where-
(i) cases of illness have occurred which it is reasonable to believe are due to the nature
of any process carried on or other conditions of work prevailing in the mine.
(ii) ***
-----
CHAPTER – III
‘COMMITTEES’
12. Committees :-
(1) The Central Government shall, with effect from such date as that Government may by
notification in the official Gazette, specify in this behalf constitute for the purposes of this
Act, a Committee consisting of -
(a) a person in the service of the Government, not being the Chief Inspector or an
Inspector, appointed by the Central Government to as Chairman:
(b) the Chief Inspector of mines;
(c) two persons to represent the interests of miners appointed by the Central
Government;
(d) two persons to represent the interests of owners of mines appointed by the
Central Government;
(e) two qualified mining engineers not directly employed in the mining industry,
appointed by Central Government :
Provided that one at least of the persons appointed under clause (c) shall be for
representing the interests of workers in coal mines and one at least of the
persons appointed under clause (d) shall be for representing the interests of
owners of coal mines.
(2) Without prejudice to generality of sub-section(1), the Central Government may
constitute one or more Committees to deal with specific matters relating to any part of the
territories to which this Act extends or to a mine or a group of mines and may appoint
members thereof and the provisions of sub-section(1) (except the provision thereto) shall
apply for the constitution of any Committee under this sub-section as they apply for the
constitution of a Committee under that sub-section.
(3) No act or proceeding of a Committee shall be invalid by reason only of the existence
of any vacancy among its members or any defect in the constitution thereof.
13. Functions of the committee –
(1) The Committee constituted under sub-section (1) of section 12 shall –
(a) consider proposal for making rules and regulations under this Act and make
appropriate recommendations to the Central Government;
(b) enquiry into such accidents or other matters as may be referred to it by the
Central Government from time to time and make reports thereon; and
(c) subject to the provisions of such-section(2), hear and decide any appeals or
objections against notices or orders under this Act or the regulations, rules or
bye-laws thereunder as are required to be referred to it by this Act or as may be
prescribed.
(2) The Chief Inspector shall not take part in the proceedings of the Committee with
respect to any appeal or objection against an order on 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.
14. Powers, etc. of the Committees –
(1) A Committee constituted under section 12 may exercise such of the powers of an
Inspector under this Act as it thinks necessary or expedient to exercise for the purposes
of discharging its functions under this Act.
(2) A committee constituted under section 12 shall, for the purposes of discharge its
functions have the same powers as are vested in a court under the Code of Civil
Procedure, 1908 when trying a suit in respect of the following matters, namely :--
(a) discovery and inspections;
(b) enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents; and
(d) such other matters as may be prescribed.”
15. Recovery of expenses –
The Central Government may direct that the expenses of any inquiry conducted by a
committee constituted under section 12 shall be borne in whole or in part by the owner or
agent of the mine concerned, and the amount so directed to be paid may, on application
by the Chief Inspector or an Inspector or 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
magistrates 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.
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CHAPTER - IV
MINING OPERATIONS AND MANAGEMENT OF MINES
16. Notice to be given of mining operations –
(1) 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 situated, notice in writing
in such form and containing such particulars relating to the mine, as may be
prescribed.
(2) Any notice given under sub-section (1) shall be so given as to reach the persons
concerned at least one month before the commencement of any noting operation.
17. (1) Managers- Save as may be otherwise prescribed, every mine shall be under a sole
manager who shall have the prescribed qualifications and the owner or agent of every
mine shall appoint a person having such qualifications to be the manager:
Provided that the owner or agent may appoint himself as manager if he possesses the
prescribed qualifications.
(2) Subject to any instruction given to him by or on behalf of the owner or agent of the
mine, 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.
(3) Except in case of an emergency, the owner or agent of a mine or anyone on his
behalf shall not give otherwise than through the manager, instructions affecting the
fulfilment of his statutory duties, to a persons, employed in a mine, who is responsible to
the manager.
18. Duties and responsibilities of owners, agents and managers :-
(1) the owner and agent of every mine shall each be 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.
(2) The responsibility in respect of matters provided for in the rules made under clauses
(d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent
of the mine and by such person (other than the manager) whom the owner or agent
may appoint for securing compliance with the aforesaid provisions.
(3) If the carrying out of any instructions given under sub-section (2) or given otherwise
than through the manager under sub-section(3) of section 17 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 provision concerned.
(4) Subject to the provisions of sub-sections(1), (2) and (3) the owner, agent and
manager of every mine shall each be responsible to see that all operations carried on
in connection with the mine are conducted in accordance with the provisions of this
Act and of the regulations, rules, bye-laws and orders made thereunder.
------
(5) In the event of any contravention by any person whosoever of any of the provisions
of this Act or of the regulations; rules, bye-laws or orders made thereunder except
those which specifically require any person to do any act or thing, or prohibit any
person from doing an act or thing, besides the person who contravenes, each of the
following persons shall also be deemed to be guilty of such contravention unless he
proves that he had used bue diligence to secure compliance with the provisions and
had taken reasonable means to prevent such contravention:
(i) the official or officials appointed to perform duties of supervision in respect of the
provisions contravened;
(ii) the manager of the mine;
(iii) the owner and agent of the mine;
(iv) the person appointed, if any, to carry out the responsibility under sub-section (2).
Provided that any of the persons aforesaid may not be proceeded against if it
appears on enquiry and investigation that he is not prima facieliable.
(6) It shall not be a defence in any proceedings brought against the owner or agent of a
mine under this section that the manager and other official have been appointed in
accordance with the provisions of this Act or that a person to carry the responsibility
under sub-section (2) has been appointed."
CHAPTER – V
PROVISION AS TO HEALTH AND SAFETY
19. Drinking water ---
(1) In every mine effective arrangement shall be made to provide and maintain at
suitable points conveniently situated a sufficient supply of coal and wholesome drinking
water for all persons employed therein:
Provided that in case of persons employed below ground the Chief Inspector may, in lieu
of drinking water being provided and maintained at suitable points, permit any other
effective arrangements to be made for such supply.
(2) All such points shall be legibly marked ‘DRINKING WATER’ in a language
understood by a majority of the persons employed in the mine and no such point shall be
situated withi9n six metres of any washing place, urinal or latrine, unless a shorter
distances is approved in writing by the Chief Inspector.
(3) In respect of all mines or any class or description of mines, the Central
Government may make rules for securing compliance with the provisions of sub-sections
(1) and (2) and for the examination by prescribed authorities of the supply and distribution
of drinking water.
20. Conservancy –
(1) There shall be provided, 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.
(2) All latrines and urinals provided under sub-section (1) shall be adequately lighted,
ventilated and at all times maintained in a clean and sanitary condition.
(3) The Central Government may specify the number of latrines and urinals to be
provided in any mine, in proportion to the number of males and females employed in
the mine and provide for such other matters in respect of sanitation in mines
(including the obligations in this regard of persons employed in the mine) as it may
consider necessary in the interests of the health of the persons employed,
21. Medical appliance :
(1) In every mine there shall be provided and maintained so as to be readily accessible
during all working hours such number of first-aid boxes or cupboards equipped with
such contents as may be prescribed.
(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or
room.
(3) Every first-aid box or cupboard shall be kept in the charge of a responsible person
who is trained in such first-aid treatment as may be prescribed and who shall always
be readily available during the working hours of the mine.
(4) In every mine there shall be mades to as to be readily available such arrangements
as may be prescribed for the conveyance to hospitals or dispensaries of persons
who, while employed in the mine suffer bodily injury or become ill.
(5) In every mine wherein more than one hundred and fifty 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.
22. Powers of Inspectors when causes of danger not expressly provided against exist or
when employment of persons is dangerous:-
(1)If, in respect of any matter for which no express provision is made by or under this Act,
it appears to the Chief Inspector or an Inspector that any mine or part thereof or any
matter, thing or practice in or connected with the mine, or with the control, supervision,
management or defective so as to threaten, or tend to, the bodily injury of any person, he
may give notice, in writing thereof to the owner, agent or manager of the mine and shall
state in the notice the particulars in respect of which he considers the mine or part thereof
or the matter, thing or practice to be dangerous or defective and require the same to be
remedied within such time and in such manner as he may specify in the notice.
(1A) Where the owner, agent or manager of amine fails to comply with the terms of a
notice given under sub-section (1) within the period specified therein, the Chief Inspector
or the Inspector, as the case may be, may by order in writing, prohibit the employment in
or about the mine or any part thereof any person whose employment is not in his opinion
reasonably necessary for securing compliance with the terms of the notice.
(1)Without prejudice to the provisions contained in sub-section(10 the Chief Inspector or
the Inspector as the case may be, by order in writing addressed to the owner, agent or
manager of a mine prohibit the extraction or reduction of pillars or blocks of minerals in
any mine or part thereof, 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 working or
otherwise endanger the mine or the life or safety of persons employed therein or if, in his
opinion, adequate provision against the outbreak of fire or flooding has not been made by
providing for the sealing off and isolation of the part of the mine in which such operation
is contemplated and for restricting the area that might be affected by fire or flooding.
(3)If the Chief Inspector, or an Inspector authorised in this behalf 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 or part thereof, he may,
by order in writing containing a statement of the grounds of his opinion, prohibit, until he
is satisfied that the danger is removed the employment in or about the mine or any part
thereof of any person whose employment is not in his opinion reasonably necessary for
the purpose of removing the danger.
(3A) Every person whose employment is prohibited under sub-section (1A) of sub-section
(3) shall be entitled to payment of full wages for the period for which he would have been,
but for the prohibition in employment and the owner agent or manager shall be liable for
payment of such full wages of that person:
Provided that the owner, agent or manager may instead of paying such full provide such
person with an alternative employment at the same wages which such person was
receiving in the employment which was prohibited.”
(4) Where notice has been given under sub-section (1) or an order made under sub-
section (1A), sub-section (2) or sub-section (3) by an Inspector, the owner, agent or
manager of the mine may within ten days after the receipt of the notice or order, as the
case may be appeal against the same to the Chief Inspector who may confirm, modify or
cancel the notice or order.
(5) The Chief Inspector or the Inspector sending a notice under sub-section (1) or making
an order under sub-section (1A), sub-section(2) or sub-section (3) and the Chief
Inspector making an order (other than an order of cancellation in appeal) under sub-
section (4) shall forthwith report the same to the Central Government.
(6) If the owner, agent or manager of the mine objects to a notice sent under sub-
section(1) by the Chief Inspector or to an order made by the Chief Inspector under sub-
section (1A) or sub-section(2) or sub-section (3) or sub-section (4), he may, within twenty
days after the receipt of the notice containing the requisition or of the order or after the
date of the decision on appeal, as the case may be, send his objection in writing stating
the grounds thereof to the Central Government which shall, ordinarily within a period of
two months from the date of receipt of the objection, refer the same to a Committee.
(7) Every notice under sub-section(1) or order under sub-section (1A), sub-section(2) or
sub-section(3) or sub-section (4) to which objection is made under sub-section(6) shall be
complied with, pending the receipt at the mine of the decision of the Committee.
Provided that the Committee may, on the application of the owner, agent or manager,
suspend the operation of a notice under sub-section (1) pending its decision on the
objection.
(8) Nothing in this section shall affect the powers of a magistrate under section 144 of the
Code of Criminal procedure 1896. Act V of 1898).
22A Power to prohibit employment in certain cases:
(1)Where in respect of any matter relating to safety for which express provision is made
by or under this Act, the owner, agent or manager of mine fails to comply with such
provisions, the Chief Inspector may give notice in writing requiring some to be complied
with within such time as he, may specify in the notice or within such extended period of
time as he may, from time to time, specify thereafter.
(2)Where the owner, agent or manager fails to comply with the terms of a notice given
under sub-section(1) within the period specified in such notice or, as the case may be,
within the extended period of time specified under that sub-section, the Chief Inspector
may, by order in writing, prohibit the employment in or about the mine or any part thereof
of any person whose employment is not, in his opinion reasonably necessary for securing
compliance with the terms of the notice.
(3)Every person whose employment is prohibited under sub-section(2), shall be entitled
to payment of full wages for the period for which he would have been, but for the
prohibition, in employment, and the owner, agent or manager shall be liable for payment
of such full wages of that person.
Provided that the 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 which was prohibited under sub-section(2).
(4) The provisions of sub-section (5), (6) and (7) of section 22 shall apply in relation to a
notice issued under sub-section (1) or an order made under sub-section(2) of this section
as they apply in relation to a notice under sub-section (1) or an order under sub-section
(1A) of that section.”
23. Notice to be given of accidents :-
(1) Whenever there occurs in or about a mine:-
(a) an accident causing loss of life or serious bodily injury, or
(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or
inrush of water or other liquid matter, or
(c) an influx of inflammable or noxious gases, or
(d) a breakage of ropes, chains or other gear by which persons or materials are
lowered or raised in a shaft or an incline, or
(e) an overwinding of cages of other means of conveyance in any shaft while
persons or materials are being lowered or raised, or
(f) a premature collapse of any part of the workings, or
(g) any other accident which may be prescribed, the owner, agent or manager of
the mine shall give notice of the occurrence to such authority in such form
and within such time as may be prescribed, and he shall simultaneously 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, and shall ensure
that the notice is kept on the board for not less than fourteen days from the
date of such posting.
(1A) Whenever there occurs in about a mine an accident causing reportable injury to any
person, the owner, agent or manager of the mine shall enter in a register such
occurrence in the prescribed form and copies of such entries shall be furnished to the
Chief Inspector once in quarter.”
(2) Where a notice given under sub-section(1) relates to an accident causing loss of life,
the authority shall make an inquiry into the occurrence within two months of the receipt of
the notice and, if the authority is not the Inspector, he shall cause the Inspector to make
an inquiry within the said period.
(3)The Central Government may, by notification in the Official Gazette, direct that
accidents other than those specified in sub-sections(1) and (1A) which cause bodily injury
resulting in the enforced absence from work of the person injured for a period exceeding
twenty-four hours shall be entered in a register in the prescribed form or shall be subject
to the provisioExcerpt shown. Open the full act in Lexace.