Ppt mine act_1952[1]

MINE ACT 1952
In simple way of learning

INTRODUCTION
• The Act is administered by the Ministry of Labour and
Employment. The Mines Act, 1952 contains provisions for
measures relating to the health, safety and welfare of workers
in the coal, metalliferous and oil mines.
• The Act prescribes the duties of the owner to manage mines
and mining operation and the health and safety in mines.
• It also prescribes the number of working hours in mines, the
minimum wage rates, and other related matters.
• Through the Directorate General of Mines Safety (DGMS).
• DGMS is the Indian Government regulatory agency for safety
in mines and oil-fields.

Structure of mines act
• The act basically contain 10 chapters of provision and
each section having certain number of section .
The chapters of act are as follows
CHAPTER I – PRELIMINARY ( SEC 1 To 4 )
CHAPTER II - INSPECTORS AND CERTIFYING SURGEONS
CHAPTER III - COMMITTEES
CHAPTER IV -MINING OPERATIONS AND MANAGEMENT OF
MINES
CHAPTER V - PROVISIONS AS TO HEALTH AND SAFETY

CHAPTER VI - HOURS AND LIMITATION OF
EMPLOYMENT
CHAPTER VII - LEAVE WITH WAGES
CHAPTER VIII - REGULATIONS, RULES AND BYE-LAWS
CHAPTER IX - PENALTIES AND PROCEDURE
CHAPTER X – MISCELLANEOUS

CHAPTER I – PRELIMINARY
1. Short title, extent and commencement
• This Act may be called the Mines Act, 1952.
• It extends to whole of India
• It shall come into force on sub date or dates as the Central
Government may, by notification in the official Gazette of
India.

2. Definitions : -
o Adult - means a person who has completed his eighteenth
year.
o Agent - means a person who appointed to act on behalf of
the owner, takes part in the management, control,
supervision or direction of the mine.
o Chief Inspector - means the DGMS
o Committee - means a committee constituted under section
12

• Day - means a period of twenty-four hours beginning at mid-
night
• 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;

• 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
a) all borings, bore holes, oil wells and accessory crude
conditioning plants, including the pipe conveying mineral oil
within the oilfields:
b) all shafts, in or adjacent to and belonging to a mine, where
in the course of being sunk or not:
c) all levels and inclined planes in the course of being driven;
d) all opencast workings

• all conveyors or aerial ropeways provided for the bringing into
or removal from a mine of minerals
• all adits, livels, planes, machinery works, railways near by
working
• all protective works being carried out in or adjacent to a mine;
• all workshop and store situated within the precincts of a mine
• all power stations, transformer sub-stations converter stations
• any premises for the time being used for depositing sand or
other material for use in a mine for stowing .

• Minerals - means all substances which can be obtained from
the earth by mining, digging, drilling, , hydraulicing, quarrying,
or by any other operation and includes mineral oils (which in
turn include natural gas and petroleum )
• 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.

• Qualified medical practitioner - means a medical practitioner
who possesses medical qualification as defined in Indian
Medical Council Act, 1959 .
• reportable injury - means any injury or serious bodily injury
which involves the absence of the injured persons from work
for a period of 72 hours or more

• Week - means a period of seven days beginning at midnight
on Saturday night .
• Below ground - if he is working or employed
a) in a shaft which has been or is in the course of being sunk; or
b) in any excavation which extends below superjacent ground

CHAPTER - II
INSPECTORS AND CERTIFYING SURGEONS
• Sec 5 - Chief Inspector and Inspector
• Sec 6 - Functions of inspectors
• Sec 7 - Powers of Inspectors of Mines
• Sec 8 - Powers of special officers to enter,
measure
• Sec 9 - Facilities to be afforded to inspectors
• Sec 10 - Secrecy information obtained
• Sec 11 - Certifying Surgeons

Sec 5 - Chief Inspector and Inspector
• Appointment of CIM AND RIM -
- The Central Government may appoint a person as CIM and
RIM who have qualifications .
- The District Magistrate may exercise the powers and perform
the duties of RIM by special orders of the Central
Government

Sec 6 - Functions of CIM
• The CIM may with the approval of the Central Government
may order and authorize or prohibit to RIM and divide
particular area of mine to RIM.

Sec 7 - Powers of CIM
 The CIM may examination and inquiry for application of
regulations, rules and bye-laws and orders
 CIM may appoint assistants for inspect and examine any mine
 CIM shall not exercise the power in unreasonably manner to
obstruct the working of mine.
 examine the ventilation, health, safety and welfare of the
persons employed in the mine
 The CIM and RIM may search plan & section of mine or
material and seizure and give warrant under section 94
result of any inspection examination or inquiry

Sec 8 - Powers of special officers to
enter, measure
• Any person who in government service with special order of
CIM and RIM may do surveying leveling or measuring any
mine and not less than 3 day notice to the manager before
his inspection.
an emergency he may inspect without giving notice.

Sec 9 - Facilities to be afforded to
inspectors
Every mine management shall afford the CIM and RIM and
every person authorised by CIM all reasonable facilities for
making any entry, Inspection; survey, measurement,
examination or inquiry under this Act.

Facilities to be provided for
occupational health survey
Facilities to be provided for occupational health survey-
(1) The CIM or RIM or other officer authorised by him may
conduct safety and occupational health survey in a mine after
giving notice to the manager of mine shall afford all
necessary facilities.
(2) For health survey may choose any person of mine so that
every person present himself for health survey and give
information regarding

(3) The time period of health survey shall counted in working
period of mine so that paid by ordinary rate of wages to
employee who attain health survey .
If any person is found medically unfit ,the manager will get him
treatment with full wages during before giving him discharge
the duty .

(4) If, after the medical treatment, the person is declared
medically unfit , the management shall provide an
alternative employment in the mine for which he is medically
fit :
where no such alternative employment is immediately
available , such person shall be paid by the management
disability allowance determined in accordance with the rates
prescribed .

(5)where such person decides to leave his employment in the
mine, he shall be paid by management a lump sum amount
by way of.
The disability compensation rates shall be regard to the
monthly wages of the employees, the nature of disabilities .

Sec 10 - Secrecy information obtained
• All copies registers or other record related to any mine and
all other information acquired by the CIM or RIM , in the
course of the inspection or survey of any mine under this Act

The information obtained in sub-section (1) shall
apply to the disclosure (if so required) to –
• any court;
• a Committee or court of inquiry constituted or appointed
under section 12 or section 24, as the case may be:
• an official supervisor or the owner, agent or manager of the
concerned mine:
• a Commissioner for workmen’s compensation appointed
under the Workmen’s Compensation Act, 1923;
• the Controller Indian Bureau of Mines.
• any registered or recognised trade union;
• 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 any information
against to the provisions of this section without
permission the Central Government, he shall be
punishable with imprisonment may extend to one year, or
with fine, or with both.

Sec 11 - Certifying Surgeons
(1) The Central Government may appoint qualified medical
practitioners to be certifying surgeons to exercise all his
powers under this Act for such period

(3) No person shall be appointed or authorised to exercise
the powers of certifying surgeon, even if the owner, agent
or manager of a mine or directly and indirectly related to
mines business
(4) The certifying surgeon shall carry out such duties as may
be prescribed in connection with --
 the examination of persons engaged in a mine in such
dangerous occupations
 the exercise of medical supervision
 cases of illness have occurred due to process of mine
working

CHAPTER – III
COMMITTEES
• SEC - 12 Committees
• SEC - 13 Functions of the committee –
• SEC - 14 Powers of the Committees
• SEC - 15 Recovery of expenses –

SEC - 12 Committees
(1) The Central Government shall constitute committee for the
purposes of this Act . It consisting :-
(a) A person in the service of the central Government but not
in the CIM , appointed as Chairman by the Central
Government
(b) CIM
(c) two persons to represent of miners appointed by the Central
Government, at least one person from coal mines

(d) two persons to represent of owners of mines appointed by
the Central Government , at least one person from coal mines
(e) two qualified mining engineers not directly employed in the
mining industry, appointed by Central Government :

(2) the Central Government may also constitute one or more
Committees to deal with specific matters relating to any
part of mine or a group of mines and may appoint
members of committee
(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

SEC - 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

(c) hear and decide any appeals or objections against notices or
orders under this Act
(2) The CIM 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 .

SEC - 14 Powers of the Committees
(1) A Committee may exercise the powers of an RIM under
this Act
(2) A committee shall exercise same powers the Code of
Civil Procedure, 1908 when trying solve of the following
matters, namely :--
• discovery and inspections;
• enforcing the attendance of any person and examining
him on oath;
• compelling the production of documents; and
• such other matters as may be prescribed.”

SEC - 15 Recovery of expenses –
The Central Government may direct that the expenses of any
inquiry conducted by a committee shall be in the mine
concerned , the owner or agent shall pay amount on
application by the CIM and RIM within six weeks from
receiving the notice from Central Government

CHAPTER - IV
MINING OPERATIONS AND MANAGEMENT OF MINES
SEC - 16 Notice to be given of mining
operations –
SEC - 17 Managers
SEC - 18 Duties and responsibilities of owners,
agents and managers

SEC - 16 Notice to be given of mining
(1) The management shall give to notice the CIM , RIM ,
Controller, Indian Bureau of Mines and the District
Magistrate before the commencement of any mining
operation,
(2) Any notice given to reach the persons concerned at least
one month before the commencement of any noting
operation.

SEC - 17 Managers
(1) every mine shall be under a sole manager 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) 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 .
(3) Except in case of an emergency, the owner or agent of a
mine or anyone on his behalf shall not give instructions
affecting the fulfillment of his statutory duties of manager
who is responsible for mine

SEC - 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 compliance the act
(3) If there may contravention of the provisions of this Act ,
regulations, rules, bye-laws or orders , he give to every
person giving such instructions shall also be liable for the
contravention of the provision concerned.
(4) 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 there under.

(5) If a man violates the rule ,regulation and act then he will ,
remain in the guilt except for the order of the following
person :
I. the superior official of mine
II. the manager of the mine
III. the owner and agent of the mine
IV. the person behalf of owner
(6) By the action taken against the owner and agent under this
provision, It shall not brought defense in any proceedings by
the manager and other official appointed by owner under
the act.

CHAPTER – V
PROVISION AS TO HEALTH AND SAFETY
SEC - 19 Drinking water
SEC - 20 Conservancy
SEC - 21 Medical appliance
SEC - 22 Powers of Inspectors when causes of danger not
expressly provided against exist or when employment of
persons is dangerous
SEC - 22A Power to prohibit employment in certain cases
SEC - 23 Notice to be given of accidents
SEC - 24 Power of Government to appoint court of enquiry in
cases of accidents
SEC - 25 Notice of certain diseases
SEC - 26 Power to direct investigation of causes of diseases
SEC - 27 Publication of reports :-

SEC - 19 Drinking water
(1)In every mine effective arrangement shall provide and
maintain a sufficient supply of cool and clean drinking
water for all persons employed in mine.
In case of below ground the CIM may permit to any other
effective arrangements to be supply provide drinking
water.
(2) All points shall be marked ‘DRINKING WATER’ in a
language understood by a majority of the persons
employed in the mine .
and no such point shall be situated within 6 m of any
washing place, urinal or latrine, unless a shorter distances
is approved in writing by the CIM

(3) In respect of all mines 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.

SEC - 20 Conservancy
(1) There shall be provided, separately for males and
females in every mine, a sufficient number of latrines
and urinals and accessible to persons employed in the
mine at all times.
(2) All latrines and urinals 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 .

SEC - 21 Medical appliance
(1) In every mine there shall be maintained and to be
accessible during all working hours such number of first-
aid boxes equipped with prescribed item.
(2) Nothing will be placed in the first box or room except the
prescribed items.
(3) Every first-aid box shall be kept in the charge of a
responsible person who is trained in such first-aid
treatment and who shall always be readily available
during the working hours of the mine.

(4) In every mine there shall be arrangements of
conveyance to hospitals of persons who suffer bodily
injury or become ill.
(5) In every mine where in more than 150 persons are
employed there shall be a first-aid room with equipment
and in the charge of nursing and medical staff .

SEC - 22 Powers of Inspectors when causes of danger
not expressly provided against exist or when
employment of persons is dangerous
(1) If in any case matter which no express provision is made
by under this Act, But due to defective management and
supervision, if a person is injured, then the Chief Inspector
will give notice to the manager to remove the reason.
(1A) Where the owner, agent or manager of a mine fails to
comply the notice given under sub-section (1) within the
period specified , the Chief Inspector or the Inspector may
order in writing, prohibit the employment in the mine .

(2) Order prohibiting depillaring : -
CIM and IM may prohibit depillaring in the mine, if he is
opinion that :
- it may lead to crushing of pillars
- may danger the safety of person
- adequate provision against outbreak of fire or flooding have
not been made by sealing off / isolation of the part of the
mine
(3) Prohibiting employment in case of urgent and immediate
danger :
If CIM opinion that employment of mine in urgent danger ,he
may prohibit employment until that danger will be remove .

(3A) payment of wages : -
Every person whose employment is prohibited under sub-
section (1A) the management shall be liable for payment of
such full wages of that person:
The management may instead of paying such wages he
provide an alternative employment at the same wages which
such person was receiving in the employment which was
prohibited

(4) Appeal to CIM : -
Where notice and order has been issued by RIM ,
management may appeal to CIM within 10 day the receipt of
notice or order under sub-section (1), (1A), (2) , (3) . CIM
may confirm, modify or cancel the notice or order.
(5) Intimation to Central Government :
CIM/ IM issued notice or order shall inform the central govt.

(6) Appeal to central govt. :
the owner, agent or manager may appeal to central govt.
against a notice or order issued by CIM within 20 day of
receipt .
Central Government may refer the appeal to a committee
ordinarily within two months
(7) Compliance pending decision : -
Committee may on the application of the owner or manager,
suspend the operation of a notice pending its decision on the
objection

SEC - 22A Power to prohibit employment in
certain cases
This is applicable in case of repeated and serious violations
(1) Notice of rectification : - If management fail to comply with
such express provisions relating to safety , the CIM may
give notice pinpointing contravention and requiring
compliance within a specified /extended time.
(2) Order – if rectification is no done CIM may order to prohibit
the employment of mine .

(3) Payment with wages : Person whose employment is
prohibited shall be paid full wages or given alternative
employment at the same wages by the management.
(4) The provisions of section 22 regarding information to central
govt , appeal central govt and compliance pending decision of
committee shall apply to notice or order issued under sub
section 1 and 2 above .

SEC - 23 Notice to be given of accidents
(1) Whenever there occurs in mine:-
an accident causing loss of life or serious bodily injury
an explosion, ignition, spontaneous heating, outbreak
of fire or irruption or inrush of water or other liquid
matter
an influx of inflammable or noxious gases, or
a breakage of ropes, chains or other gear by which
persons or materials are lowered or raised in a shaft or
an incline

an over winding of cages of other means of conveyance
in any shaft while persons or materials are being
lowered or raised
a premature collapse of any part of the workings
The management shall give notice of the occurrence to
RIM and within such time and he shall simultaneously
post one copy of the notice on a special notice-board
where inspected by trade union officials and ensure
that notice on notice board at least 14 days from the
date of such posting.

( 1A) Whenever an accident causing reportable injury to any
person the management shall enter in a register such
occurrence in and copies entries give CIM once in quarter.
(2) Where a notice given relates to an accident causing loss of
life, the RIM shall make an inquiry into the occurrence within
two months of the receipt of the notice .

(3) The Central Government may notification in the Official
Gazette that accidents which cause bodily injury resulting
absence from work of the person injured for a period
exceeding 24 hours and shall be entered in a register.
(4) A copy of the entries in the register in sub section (3) shall
be sent by management of the mine, on or before the 20th
day of January in the year to the CIM

(5) Whenever accident causing loss of life or serious bodily
injury to any person, the place of accident shall not be
disturbed before the arrival or without the consent of the
CIM or IM and prohibit the working of the mine;
where CIM or IM fails to inspect the place of accident, within
72 hours of the time of the accident, work may be resumed
at the place of the accident

SEC - 24 Power of Government to appoint court
of enquiry in cases of accidents
(1) After a major accident Central Government may appoint
a court of enquiry , if considered necessary. For this
purpose , competent person may be appointed . He may
be assisted by one or more persons possessing legal or
special knowledge to act .
(2) The competent person shall have.
- power of civil court to enforce attendance of witnesses and
compelling production of document.
- Powers of an IM under this mine act
(3) He shall hold the inquiry in public and send a report to
the Central Government stating the causes of the
accident and adding any observations which he think it .

SEC - 25 Notice of certain diseases
(1) Where any person employed in a mine contacts any
disease notified by the Central Government in the official
Gazette as a disease connected with mining operations the
owner , agent or manager shall send notice to the CIM ,
IM (medical) .
(2) If any medical practitioner attends on a disease person
who suffer from any disease ,the medical practitioner
shall send a report in writing to the CIM stating --
• the name and address of the patient.
• The disease from which the patient is suffer and
• The name and address of the mine in which the patient
was last employed.

(3) After confirmation of the report, CIM shall pay to the
medical practitioner such fee and the fee so paid shall be
recoverable from the owner, agent or manager of the mine
(4) If any medical practitioner fails to comply send report , he
shall be punishable with fine which may extend to fifty
rupees.

SEC - 26 Power to direct investigation of
causes of diseases
(1) The Central Government may appoint a competent
person to inquire into and report it under sub-section (1)
of section 25 and may also appoint one or more persons
possessing legal or special knowledge to act as assessors in
such inquiry.
(2) The provisions of sub-section (2) and (3) of section 24
shall apply to an inquiry under this section in the same
manner as they apply to any inquiry under that section.

SEC - 27 Publication of reports
The Central Government may published any report submitted
by a Committee under section 12 , 14 and 26 at such time .

CHAPTER – VI
HOURS AND LIMITATION OF EMPLOYMENT
• SEC - 28 Weekly day of rest
• SEC - 29 Compensatory days of rest
• SEC - 30 Hours of work above grounds
• SEC - 31 Hours of work below grounds
• SEC - 32 Night shifts
• SEC - 33 Extra wages for overtime
• SEC - 34 Prohibition of employment of certain
persons
• SEC - 35 Limitation of daily hours of work including
over-time work

• SEC - 36 Notices regarding hours of work
• SEC - 37 Supervising staff
• SEC - 38 Exemption from provisions regarding employment
• SEC - 39 Power to make exempting rules:-
• SEC - 40 Employment of persons below eighteen years of
age
• SEC - 43 Power to require medical examination
• SEC - 45 Prohibition of the presence of persons below
eighteen years of age in a mine
• SEC - 46 Employment of women
• SEC - 47 Disputes as to age Rep. By the Mine (Amendment)
Act 1959 (62 of 1959), S.28
• SEC - 48 Register of persons employed:-

SEC - 28 Weekly day of rest
No person shall be allowed to work in a mine for more than six
days in any one week

SEC - 29 Compensatory days of rest
(1) If due to an emergency , a person cannot be given
weekly day of rest , a Compensatory day of rest shall be
given in the same month or next two month .
(2) Compensatory day of rest shall be spread that in any 1
week , a person is not allowed more than 2 such days .

SEC - 30 Hours of work above ground
(1) No person shall be allowed to work in a mine for more than
48 hours in a week , or 9 hour in a day aboveground
daily maximum hours limit may exceed in order to CIM .
(2) A person shall not work for more than 5 hour continuously
before he had an interval of rest for at least an ½ hour and
spreading (including rest interval ) shall not exceed 12 hours ,
by permit of CIM a period not exceeding 14 hours in any day.

(3) Persons belonging to two or more shifts shall not be allowed
to do work of the same kind above ground as the same time:

SEC - 31 Hours of work below
grounds
(1) No person shall be allowed to work in a mine for more than
48 hours in a week , or 8 hour in a day belowground
daily maximum hours limit may exceed in order to CIM
(3) No person shall be allowed of work area which has not be
assign to him in belowground

SEC - 32 Night shifts
 Where a person employed in a mine works on a shift which
start from midnight –
 for the purposes of sections 28 and 29, a weekly day of rest
shall mean in his case a period of twenty-four consecutive
hours beginning when his shift ends.
 the following day for him shall be deemed to be the period of
twenty four hours beginning when such shifts ends, and the
hours he has worked after midnight shall be counted in the
previous day.

SEC - 33 Extra wages for overtime
– Where in a mine a person works above ground for more
than 9 hour 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.
– He shall be paid such overtime , wages at the rate of twice
his ordinary rate of wages the period of overtime work
being calculated on a daily basis
– The Central Government may prescribed the register to be
maintained in a mine for the purpose of securing
compliance with provisions of this section

SEC - 34 Prohibition of employment
of certain
No person shall be 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 over-time work
No person employed in a mine shall be allowed to work in the
mine for more than ten hours in any day inclusive of overtime

SEC - 36 Notices regarding hours of work
– The manager of every mine shall posted a notice outside
the office of the mine prescribed the time of the
commencement and end of work at the mine
– if it is proposed to work by a system of relays, the time of
the commencement and end of work for each relay.
– In the case of a mine at which any change in
commencement he shall be posted notice at least 7 days
before commencement of work
– The copy notice shall be sent to the CIM

– Where it is proposed any alteration in the time fixed for
the commencement or end of work or relay or rest
intervals in the mine , notice posted outside the office of
the mine not less than 7 days before the change is such
change ,
– a copy of such notice shall be sent to the Chief Inspector
not less than 7 days before such change.
– No person shall be allowed to work in a mine otherwise
than in accordance with the notice in sub-section (1).

SEC - 37 Supervising staff
Nothing in section 28, section 30, section 31, section 34 or
sub-section (5) of section 6 shall apply to persons who may
by rules be defined to be persons holding positions of
supervision or management or employed in a confidential
capacity.

SEC - 38 Exemption from provisions
regarding employment
(1) Manager may permit to any person to contravention of
act in following condition –
– In case of an emergency involving serious risk to the safety
of the mine or
– of persons employed in case of an accident,
– in case of any act of God or
– in case of any urgent work to be done to machinery, plant
or equipment of the mine as the result of break-down of
such machinery, plant or equipment,
– The provisions of act section 22 , 22A , 28 , 30, 31, 34 , 36

(2) Every case in which action has been taken by the manager
under sub-section(1) shall be recorded and a report shall
also be made to the CIM or RIM

SEC - 39 Power to make rules
The Central Government may make exempting rules in such
conditions as may be specified from sub section (5) of section
28 ,36 and section 30 , 31, 34
a) where an emergency involving serious risk to the safety of
the mine or the persons employed in mine
b) in case of an accident
c) the persons engaged in work of a preparatory or
complementary nature, which must necessarily for avoiding
serious interference with the ordinary working of the mine.
d) the persons engaged in urgent repairs work
the persons employed in any work, which for technical
reasons must be carried on continuously

SEC - 40 Employment of persons
below eighteen years of age
(1) After the commencement of the Mine (Amendment) Act,
1983, no person below eighteen years of age shall be
allowed to work in any mine
(2) the manager may allowed to trainees which not less than
16 years of age, under proper supervision, in a mine

In the case of trainees, other than apprentices prior approval
of the CIM or RIM shall be obtained before they are allowed
to work.
Explanation - In this section “apprentice” means an
apprentice as defined in clause (a) of section 2 of the
Apprentices Act, 1961.

SEC - 43 Power to require medical
examination
(1) Where apprentice or trainee or below 16 years age are
employ in mine , the Inspector may give a notice to the
manager of the mine that such person shall be examined
by a certifying surgeon and if such person shall not fit ,
then not allowed to work
(2) Every certificate granted by a certifying surgeon for the
purpose of this Act, be conclusive evidence of the matters
referred .

SEC - 45 Prohibition of the presence of persons below
eighteen years of age in a mine
In the provisions of sub-section(2) of section 40, after such
date as the Central Government may by notification in the
official Gazette, appoint in this behalf, no person below 18
years of age shall be allowed to be present in a mine above
ground

SEC - 46 Employment of women
(1) No woman shall be employed-
- in any part of a mine which is below-ground.
- In any mine above ground except between the hours 6
am and 7 pm.
(2) An interval of at least 11 hours between the end of the
work on any one day and start of work next day
(3) By Special notification by Central Government between 5
am to 10 pm

SEC - 48 Register of persons employed
(1) For every mine there shall be kept 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, her husband
 the age and sex of the employee
 the nature of employment (whether above ground
or below ground or opencast working) and date of
commencement of working .
 the signature or the thumb impression of the
person concerned

(2) The entries in the register that workers work accordance,
there would not be contravention of any of the provisions
of this Chapter.
(3) No person shall be employed in a mine until the entry in
register .

(4) For every mine any special reason or special order by
central govt. , there shall be kept separate registers
showing in respect of each person employed in the
mine:-
a) below ground
b) above ground in opencast workings, and
c) above ground in other cases :-
i. the name of the employees .
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.

(5) The register of persons employed below ground referred
to in-sub section (4) shall show at any moment the name
of every person who is then present below ground in the
mine.
(6) No person shall enter any opencast working or any
working below ground unless he has been permitted by
the manager or is authorised under this Act .

CHAPTER – VII
LEAVE WITH WAGES
SEC - 49 Application of Chapter
SEC - 50 Leave defined
SEC - 51 Calendar year defined
SEC - 52 Annual leave wages
SEC - 53 Wages during leave period
SEC - 54 Payment in advance in certain cases:-
SEC - 55 Mode of recovery of unpaid wages
SEC - 56 Power to exempt mines:-

SEC - 49 Application of Chapter
The provisions of this Chapter shall not operate to the
prejudice of any right to which a person employed in a mine .

SEC - 50 Leave defined
For the purposes of this Chapter leave shall not include weekly
days of rest or holidays or festivals or other similar occasions
whether occurring during or at either end of the period.

SEC - 51 Calendar year defined
For the purpose of this Chapter a calendar year shall mean the
period of 12 months beginning with the first day of January in
any year.

SEC - 52 Annual leave wages
(1) Every person employed in a mine who has completed
one calendar year( Jan – Dec ) of service , shall be
allowed annual leave with wages in next calendar year
at the rate given below
(2) Belowground persons : 1 day leave for every 15 days
work ( min. attendance 190 days )
other persons : 1 day leave for every 20 days work
( min. attendance 240 days )

In counting the minimum attendance , the following
shall be counted as days of attendance .
– days of lay-off by agreement
– days of maternity leave upto 12 weeks in the case
of a female employee
– Days of earned leave in previous year
(3) For person who has joined not on 1st Jan , leave shall
be calculated at the same time rate ,but the minimum
attendance required for entitlement shall be as follows –
below ground : ½ of the remaining working days of the
calendar year .
in other case : 2/3 of the remaining working days of the
calendar year .

(4) The leave not taken by any person to which he is
entitled in any one calendar year , shall be added to the
leave to be allowed to him during next calendar year.
- however , the total leave accumulated at any time not
exceed 30 days
- If person has applied for leave with wages but has not been
given such leave in accordance with sub-section(6) shall be
entitled to carry forward the un availed leave without any
limit.

(5) For availing leave , person have been apply in to the
manager at least 15 days in advance
a person can take leave maximum in 3 times in a calendar
year
(6) An application for leave shall not be refused unless in
emergency

(7) If a person wants to avail the leave with wages due to him
to cover a period of illness , he shall be granted such leave
even if he has not applied the leave in advance .
(8) If the employment of a person in a mine is terminated by
manager before he has taken the entire leave to which he
is entitled up to the day of termination of his
employment,
or, the management of the mine shall pay him the amount
payable under section 53 in respect of the leave not taken
and such payment shall be made before the expiry of the
second working day after such termination

(10) Where the person employed in a mine is discharged
from service, dies while in service , quits his employment.
He and his nominee will get due wages as per the rules
given below.
(a) below ground - ½ attendance of the total number
of days from the date of his employment to the date
of his discharge
(b) in other case - 2/3 attendance of the total number
of days from the date of his employment to the date
of his discharge
- wages shall be made by management at the rate
specified in section 53

SEC - 53 Wages during leave period
For the leave allowed to a person he shall be paid at a rate
equal to the daily average of his total full-time earnings and
allowance for the days on which he was employed during the
month.
Provided that if no such average earning 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 months.

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
wages
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

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 favorable than those provided
for in this Chapter, it may exempt the mine from all or any of
the provisions of the Chapter order Central Government .

CHAPTER – VIII
REGULATIONS, RULES AND BYE-LAWS
SEC - 57 Power of Central Government to make
regulations
SEC - 58 Power of Central Government to make rules
SEC - 59 Prior publication of regulations and rules
SEC - 60 Power to make regulations without previous
Publications
SEC - 61 A. Laying of regulations, rules and bye-laws
before parliament
SEC - 62 Posting of abstracts from Act, regulations etc

SEC - 57 Power of Central Government
to make regulations
(1) The Central Government may make regulations consistent
with this Act for the following purposes, namely:
a) for prescribing the qualifications required for appointment
as CIM or RIM
b) for prescribing and regulating the duties and powers of the
CIM and RIM in regard to the inspection of mines under this
Act
c) for prescribing the duties of owners, agents and managers of
mines and persons acting under them
d) for requiring facilities to be provided for managers of mines
and other persons acting under them to efficiently
discharge their duties.

e) by examination for qualification of managers of mines and
persons acting under them and the granting and renewal of
certificates of competency.
f) for fixing the fees for examinations and of the grant and
renewal of such certificates.
g) it shall be lawful for more mines under a single manager, or
mines to be under a manager not having the prescribed
qualifications.

h) for inquiries to be relating to misconduct or incompetence
of any person holding a certificate under this act and for the
suspension or cancellation of any such certificate and for
providing where ever necessary, that the person appointed
to hold an inquiry shall have all the powers of a civil court
under the Code of Civil Procedure 1908, (V of 1908)

i) For regulating the provisions of the Indian Explosives Act,
1884 and any rules made under conveyance and use of
explosive,
j) For prohibiting, restricting or regulating the employment of
women in mines;
k) For providing for the safety of the persons employed in a
mine, their means of entrance and exit there from the
number of shafts and the fencing of shafts, pits, outlets,
pathway and subsidence
l) For prohibiting the employment in a mine except persons paid
by the owner of the mine and directly answerable to the
owner or manager of the mine;

m) For providing for the safety of the roads and working places
in mines, including the maintenance and extraction or
reduction of pillars or blocks of minerals and the maintenance
of sufficient barriers between mine
n) For the inspection of workings and sealed off fire-areas in a
mine, and for the restriction of workings in the vicinity of the
sea or any lake or river or any other body of surface water,
whether natural or artificial,
or any public road or building and for requiring due
precaution to be taken against the irruption or inrush of
water or outbreak of fire in or premature collapse of any
workings

o ) For providing ventilation of mines and the action to be taken
in respect of dust fire, and inflammable and noxious gases,
including precautions against spontaneous combustion,
under ground fire and coal dust;
p) For regulating the provisions of the Indian Electricity Act, 1910
and of any rules made the generation, storage, transformation
transmission and use of electricity in mines
q)For regulating the use of machinery in mines, for providing for
the safety of persons employed on or near such machinery
and on haulage roads and for restricting the use of certain
classes of locomotives underground

r) For providing for proper lighting of mines and regulating the
use of safety lamps in the persons entering a mine
s) For providing against explosions or ignitions of inflammable
gas or dust or irruption or accumulations of water in mines
and against danger arising there from

u) For requiring owners, agents and managers of mines to have
fixed boundaries for the mine, for prescribing the plans and
sections and field notes for the submission of copies to the
CIM and for requiring fresh surveys and plans by CIM
v) For regulating the procedure on the occurrence of accidents
or accidental explosions or ignitions or about mines for
dealing effectively with the situation.

w) For prescribing the form in the notice to be given by the
owner, agent or manager of a mine under section 16;
x) For prescribing the notice to be given by the owner, agent or
manager of mining before mining operations are commenced
at
or extended to any point within 45 metres of any railway subject
to the provisions of the Indian Railways Act, 1890, of any
public roads or other works, as the case may be which are
maintained by the Government or any local authority.
y) For the protection from injury, in respect of any mine when
the workings are discontinued, property vested in the
Government or any local authority or railway company as
defined in the Indian Railways Act, 1890.

yy) for requiring protective works to be constructed by the
owner, agent or manager before the mine is closed
z) for providing for the appointment of Courts of Inquiry under
quarry, incline, shaft pit , any dangerous or prohibited area,
subsidence haulage, tramline or pathway, where such fencing
is necessary for the protection of the public
zz) any other matter which has to be or may be prescribed

Summary of regulation purpose
 Qualifications of CIM and RIM
 Duties of CIM and RIM
 duties of owners, agents , managers and others
 examination for certificates of competency.
 Explosives related provision
 Limitation of women
 Safety of mine entry and exit
 safety of the roads and working places
 sealed off fire-areas and inrush of water
 ventilation of mines

 electricity in mines
 Safety of machinery
 lighting of mines
 explosions or ignitions of inflammable gas and heavy
water
 fixed boundaries for the mine
 occurrence of accidents
 Notice before mine starting
 appointment of Courts of Inquiry dangerous or
prohibited area,

SEC - 58 Power of Central
Government to make rules
The Central Government may make rule consistent with this
Act for all or any of the following purposes namely -
a) for providing the term of office(Committee) and filling
vacancies among, the members of a Committee and for
regulating the procedure to be followed by a Committee
b) For prescribing the form of the register referred to in sub-
section (3) of section 23;
c) For providing for the appointment of Courts of Inquiry under
section 24, for regulating the procedure and powers of such
Courts for the payment of travelling allowance to the
members, paid by the manager, owner or agent of the mine
concerned;
(cc) for providing the inspection of mines which reports of such
inspections are to be made

d) for requiring the maintenance of the rooms use of children
under the age of six years belonging to such women, and for
prescribing number of women employed in the mine, the
number of standards of such rooms, and the nature.
e) for requiring the maintenance pitheads bathing and locker
rooms
f) For prescribing the standard of sanitation and no of latrine and
urinal drinking water point in mine.
ff) for providing for medical appliances and number of first-aid
boxes and cupboards, the training in first-aid work, the size
and equipment of first-aid rooms and staff ,arrangements for
conveyance of injured persons to hospitals or dispensaries

fff) for requiring practical instruction to training of persons
employed
g) for prohibiting the possession or consumption of intoxicating
drinks or drugs in a mine .
h) for prescribing the form of notices required under section 36
i) for defining the purpose of section 37
J) for prohibiting the employment in mines of persons have not
been certified by a qualified medical practitioner to have
completed their 15 year,
kk) for requiring persons employed or seeking employment at
mines to submit themselves for medical examination

l) for prescribing the form of registers required by section 48
and the maintenance and form or registers for the purposes
of Chapter VII;
m) for prescribing abstracts of this Act and of the regulations and
rules and the language in which the abstracts and bye-laws
shall be posted as required by section 61 and 62;
n) for requiring notices, returns and reports in connection with
any matters by owners ,agents and managers of mines

o) for requiring the provision adequate and suitable shelters
for taking food with drinking water where more than 50
persons are ordinarily employed
p) For requiring the provision a canteen where 250 are
employed
q) For requiring the provision number of welfare officer
where 500 or more persons are ordinarily employed .
r) For requiring the establishment of rescue stations
s) For providing for the management of rescue stations

sa) for providing provision the qualifications rescue brigades .
sb) prescribing the places of residence of rescue brigades;
t) for prescribing the position, equipment, control, maintenance
and functions of rescue stations;
u) for providing provision the collection the fund for rescue
station from coal mining
v) for providing for the formation, training composition and
duties of rescue brigades
vv) for providing for the constitution and function of safety
Committees for specified mine or groups of specified mines

Summary of rule purpose
 Committee from act
 Courts of Inquiry
 Inspection report
 Children room
 pitheads bath and locker rooms
 sanitation and latrine and urinal
 first-aid boxes and room
 practical training
 prohibition intoxicating drinks or drugs
 Notice working hour and start to end

 prohibition employment without medical fit
 medical examination
 form or registers
 notices, returns and reports
 Shelters above 50
 Canteen above 250
 welfare officer above 500
 rescue stations
 rescue brigades
 safety Committees for mine

SEC - 59 Prior publication of
regulations and rules
1. The power to make regulations and rules conferred by
section 57 and 58 previous publication.
2. Draft of proposed regulations or rules prepared by
central govt. is published general information and get
objections and suggestion from all person likely to be
affected , giving 3 month time

4. After taken objections and suggestion received within 3
month period and the view of Committee and the govt
may finalise the rule and regulation
5. The central govt publishes finalised Regulation and in the
official Gazette , on such publication they become
effective

SEC - 60 Power to make regulations
without previous Publications
The Central Government is satisfied that for the prevention of
danger it is necessary in making such regulations to dispense
with the delay that without previous Publications
Provided that any regulation so made shall be send to the said
committee for information and shall not remain in force for
more than one year from the making there

(1) The management of a mine may to submit a draft of bye-
laws after being called upon to do so by the CIM or RIM
(2) Within a period of two months from the date on which any
draft bye-laws or draft amendments are sent by the CIM or
IM to the management
(3) If within a period of two months from the date on which any
draft bye-laws or draft amendments are sent by the CIM or
IM to the management
the CIM or IM and management unable to agree as to the
terms of the bye-laws
the CIM or RIM shall refer the draft bye-laws for settlement
to the Committee

(4) (a)When such draft bye-laws have been agreed to by
management and the CIM or RIM , or
which they are unable to agree, have been settled by the
Committee constituted ,
a copy of the draft bye-laws shall be sent by the CIM or RIM
to the Central Government for approval
b) The Central Government may make such modification of the
draft bye-laws as it thinks fit.

c) Before the Central Government approves the draft bye-
laws, the Central Government may informing the persons
affected and give the time at least 30 day
d) Every objection shall be in writing and shall state –
i) the specific grounds of objections and
ii) the omissions, additions or modifications asked for
e) The Central Government shall consider any objection
made within the required time by the persons
appearing to it to be affected and may approve the bye-
laws

5) The bye-laws, when so approved by the Central
Government and the management of the mine shall
cause a copy of the bye-laws, in English and in such other
language, to be posted up in some conspicuous place at
or near the mine
6) The Central Government may, order in writing rescind the
whole or in part, any bye- laws so made, and thereupon
such bye-laws shall cease to have effect accordingly.

SEC - 61 A Laying of regulations, rules
and bye-laws before parliament
Every regulation , rule and bye-law shall be laid as soon as
each house of parliament, while it is in session, for a total
period of 30 days
so however that any such modification or amendment shall
be without prejudice to the validity of anything previously
done under that regulation, rule or bye-law, as the case may
be.”

SEC - 62 Posting of abstracts from Act,
regulations etc
There shall be kept posted up at or near every mine in English
and in such other language the prescribed abstracts of the
Act and of the regulations and rules

CHAPTER – IX PENALTIES AND PROCEDURE
SEC - 63 Obstruction
SEC - 64 Falsification of records
SEC - 65 Use of false certificates of fitness
SEC - 66 Omission to furnish plans etc
SEC - 67 Contravention of provisions regarding
employment of labour
SEC - 68 Penalty for employment of persons below
eighteen years of age

SEC – 69 Failure to appoint manager
SEC - 70 Notice of accidents
SEC - 71 Owner etc. to report to Chief Inspector in
certain cases
SEC – 72 Obligations of persons employed in a mine
SEC - 72A Special provision for contravention of certain
regulations
SEC – 72B Special provision of contravention of order
under section 22
SEC - 72C Special provision for contravention of law with
dangerous results-

SEC – 73 General provision of disobedience of others.
SEC - 74 Enhanced penalty after previous conviction
SEC - 75 Prosecution of owner, agent or manager
SEC - 76 Determination of owner in certain cases
SEC - 77 Exemption of owner, agent or manager in
certain cases -
SEC - 78 Power of court to make orders -
SEC – 79 Limitation of prosecutions -
SEC - 80 Cognizance of offences
SEC - 81 Reference to Committee in lieu of prosecution in
certain cases

SEC - 63 Obstruction
(1) Whoever obstructs the CIM or RIM in the discharge of his
duties under this Act. refuses of wilfully neglects to afford
the any reasonable facility for making any entry,
inspection, examination or inquiry , He shall be
punishable with imprisonment of a term which may
extend to 3 months, or with fine which may extend to 500
rupees, or both.
(2) Whoever refuses to produce on the demand of the RIM
or CIM any registers or other documents , He shall be
punishable with fine which may extend to 300 rupees.

SEC - 64 Falsification of records
Whoever –
a) knowingly makes a false statement in any certificate, or any
official copy of a certificate, granted under this Act or
b) knowingly uses as true any such false certificate, or
c) makes or use any false declaration, statement or evidence
knowing the same to be false for any other person a
certificate or the renewal of a certificate
d) falsifies any plan, section, register or record, the
maintenance of which is required by or under this Act or
e) makes, gives or delivers any plan, return, notice, record or
report containing a statement, entry or detail which is not to
the best of his knowledge , he shall be punishable with
imprisonment for a term which may extend to 3 months or
with fine which may extend to 1000 rupees or with both

SEC - 65 Use of false certificates of
fitness
Whoever knowingly uses or attempts to use as a certificate of
fitness granted to himself , person shall be punishable with
imprisonment for a term which may extend to 1 month, or
with fine which may extend to 200 rupees, or with both.

SEC - 66 Omission to furnish plans etc
Any person who, without reasonable excuse the burden of
providing which shall lie upon him, omits to make in the
prescribed form or within the prescribed time any plan,
section return, notice, register; record or report required by
or under this Act to be made shall be punishable with fine
which may extend to 1000 rupees.

SEC - 67 Contravention of provisions
regarding employment of labour
Whoever contravenes any provision of this Act regulation ,
rule, bye-law, presence of persons in or about a mine shall be
punishable with imprisonment for a term which may extend
to 3 months, or with fine which may extend to 1000 , or with
both.

SEC - 68 Penalty for employment of persons
below eighteen years of age
If a person below 18 years of age is employed in a mine in
contravention of section 40, the management of such mine
shall be punishable with fine which may extend 500 rupees.

SEC – 69 Failure to appoint manager
Whoever, in contravention of the provisions of section 17, fails
to appoint a manager shall be punishable with imprisonment
for a term which may extend to 300 months or with fine
which may extend to 200 and 500 rupees, or both.

SEC - 70 Notice of accidents
(1) Whoever in contravention of the provision fails to give
notice of any accidental occurrence or to post a copy to
notice board shall be punishable with imprisonment for a
term which may extend to 3 months, or with fine which may
extend to five 500 rupee or with both.
(2) Whoever in contravention of a direction made by the
Central Government fails to record in the prescribed
register to give notice of any accidental occurrence shall be
to 3 months or with fine which may extend to 3 months or
with fine which may extend to 500 rupees, or with both.

SEC - 71 Owner report to Chief
Inspector in certain cases
Where the management of a mine, as the case may be, has
taken proceeding under this Act against any person
employed in or about a mine in respect of an offence under
this Act, he shall within 21 days from the date of the
judgment or order of the court report the result thereof to
the Chief Inspector.

SEC – 72 Obligations of Persons Employed
in a Mine
No person employed in a mine shall --
a) willfully interfere with or misuse any appliance convenience
of other thing provided in a mine for the purpose of
securing the health, safety or welfare of the person
employed therein.
b) willfully and without reasonable cause do any endanger
himself of others;
c) willfully neglect to make us of any appliance or other thing
provided in the mine

SEC - 72A Special Provision For
Contravention Of Certain Regulations
Whoever contravenes any provision of any regulations or of
any bye-law or any order made there under, relating to
matters specified in clauses (d),(I),(m),(n),(o),(p),(r), (s) and of
section 7 shall be punishable with imprisonment for a term
which may extend to 6 months or with fine which may extend
to 2000 rupees or with both.

SEC – 72B Special Provision of
Contravention of Order Under Section 22
Whoever continues to work a mine in contravention of any
order issued under of section 22 shall be punishable with
imprisonment for a term which may extend to 2 year and
shall also be liable to fine which may extend to 5000 rupees.
Provided that in the absence of special and adequate reasons
to the country to be recorded in writing in the judgment of
the court, such fine shall not be less than 2000 rupees.

SEC - 72C Special provision for contravention of
law with dangerous results-
(1) Whoever contravenes any provision of the Act or of
regulation, rule or bye-law or of any order made under
section 22 , 22A shall be punishable -
a) If such contravention results in loss of life, with
imprisonment which may extend to 2 years, or with fine
which may extend to 5000 rupees, or with both
b) If such contravention results in serious bodily injury with
imprisonment which may extend to 1 years, or with fine
which may extend to 3000 rupees, or with both
c) If such contravention otherwise causes injury or danger to
persons employed in the mine or other persons in or about
the mine, with imprisonment which may extend to 3 months
or with fine which may extend to100 rupees, or with both.
Provided that in the absence of special and adequate reasons
to the contrary to be recorded in writing in the judgment of
the court, such fine, in the case of a contravention referred to
in clause (a), shall not be less than 3000 rupees.

(2) Where a person having been convicted under this section is
again convicted there under, shall be punishable with double
the punishment provided by sub-section (1).
(3) Any court imposing or confirming in appeal, revision or
otherwise a sentence of fine passed under this section may,
when passing judgment, order the whole or any part of the
fine recovered to be paid as compensation to the person
injured or, in the case of his death, to his legal representative
Provided that if the fine is imposed in a case which is subject
to appeal no such payment shall be made before the period
allowed for presenting the appeal has elapsed of, if an appeal
has been presented, before the decision of the appeal.

SEC – 73 General provision of
disobedience of others
Whoever contravenes any provision of this Act or any
regulation, rule or bye-laws under for the contravention of
which no penalty is herein before provided shall be
to 3 months, or with fine which may extend to 1000 rupees,
or with both.

SEC - 74 Enhanced penalty after
previous conviction
If any person who has been convicted for an offence
punishable under any of the foregoing provisions (other than
section 72B and 72C) is again convicted for an offence
committed within 2 years of the previous conviction and
involving a contravention of the same provision,
he shall be punishable for each subsequent conviction with
double the punishment to which he would have been liable
for the first contravention of such provision.

SEC - 75 Prosecution of owner, agent or
manager
No prosecution shall be instituted against any owner, agent or
manager for any offence under this Act except at the instance
of the CIM ,DM or IM.
The CIM ,DM and IM as so authorised shall, before
instituting such prosecution, satisfy himself that the owner,
agent or manager had failed to exercise all due diligence to
prevent the commission of such offence.
In respect of an offence committed in the course of the
technical direction and management of a mine, the DM shall
not institute any prosecution against an owner, agent or
manager without the approval of the CIM .

SEC - 76 Determination of owner in
certain cases
Where the owner of a mine is firm or other association of
individuals, or any of the partners or any of the directors
where the owner of a mine is a Government or any local
authority, :
Where a firm, association or company has given notice in
writing to the Chief Inspector that it has nominated -
a) in the case of a firm, any of its partners or managers:
b) in the case of an association, any of its members or
managers;
c) in the case of a company any of its directors or managers.

Who is holds the largest number of shares in firm,
association or company, to assume the responsibility of the
owner of the mine for the purposes of this Act.
Explanation :- Where firm, association or company has
different establishment or branches then different persons
may be nominated , deemed to be the owner of the mine.

SEC - 77 Exemption of owner, agent or
manager in certain cases
Where the owner, agent or manager of a mine, accused of an
offence under this Act, alleges that another person is the
actual offender, he shall giving to the prosecutor not less than
3 clear days not
a) that he has used due diligence to enforce the execution of
the relevant provisions of this act, and
b) that the owner person committed the offence in question
without his knowledge, consent or connivance, the said
other person shall be convicted of the offence and shall be
liable to the like punishment as if he were the owner, agent
or manager of the mine and the owner, agent or manager,
as the case may be, shall be acquitted,

Provided that –
a) the owner, agent or manager of the mine as the case may
be, may be examined on oath and his evidence and that of
any witness who he calls in support
b) If in spite of due diligence the person alleged as the, actual
offender cannot be brought before the court on the date
appointed for the hearing of the case, the court shall not
exceed three months, and if by the end of the said period
the person alleged as the actual offender cannot be brought
before the court, the court shall proceed to hear the case
against the owner, agent or manager as the case may be.

SEC - 78 Power of court to make
orders -
(1) Where the owner, agent or manager of mine is convicted of
an offence punishable under this act, the court may in
addition to awarding him any punishment by order in
writing require him within a period specified in the order
(2) the order of the court has not been fully complied with the
owner, agent or manager, as the case may be, shall be
deemed to have committed a further offence and shall be
punishable with imprisonment for a term which may
extend to 6 months, or with fine which may extend to 100
rupees for every day after such expiry on which the order
has not been complied with, or with both.

SEC – 79 Limitation of prosecutions -
No court shall take cognizance of any offence under this Act,
unless complaint thereof has been made –
i. within 6 months of the date on which the offence is alleged
to have been committed, or
ii. within 6 months of the date on which the alleged
commission of the offence came to the knowledge of the
Inspector, or
iii. In any case in which the accused is or was a public servant is
necessary for taking cognizance of the offence within 3
months of the date on which such sanction is received by
the CIM
in any case where a Court of inquiry has been appointed by
the Central Government under section 24, within 1 year after
the date of the publication of the report

Explanation - For the purposes of this section –
a) In the case of continuing offence, the period of limitation
shall be computed with reference to every point of time
during which the offence continues,
b) Where for the performance of any act time has been
extended under this Act, the period of limitation shall be
computed from the expiry of the extended period.

SEC - 80 Cognizance of offences
No court inferior to that of a Metropolitan Magistrate or
Judicial Magistrate of the first class shall try any offence
under this Act which is alleged to have been committed by
any owner, agent or manager of a mine or any offence which
is by this Act made punishable with imprisonment

SEC - 81 Reference to Committee in lieu of
prosecution in certain cases
(1) If the court trying any case instituted at the instance of the
CIM or DM under this Act is of opinion that the case is one
which should, stead of a prosecution, be referred to a
Committee it may stay the criminal proceedings and report
the matter to the Central Government with a view to such
reference being made
(2) On receipt of a report the Central Government may refer
the case to a Committee or may direct the court to proceed
with the trial.

CHAPTER - X MISCELLANEOUS
SEC – 82 Decision of question whether a mine is under this Act
SEC –83 Power to exempt from operation of Act
SEC –84 Power to alter on rescind any orders -
SEC –85 Application of Act to mines belonging to Government
SEC –85A Persons required to give notice etc. legally bound to do so
SEC –85B Signing of returns, notices etc.
SEC –85C No fee or charge to be realised for facilities and conveniences
SEC -86 Application of certain provision of Act 63 of 1948 to mines
SEC – 87 Protection of action taken in good faith
SEC – 88 Repeal of Act 4 of 1923 Rep by the Repealing and Amending Act.
1959 (36 of 1957)

SEC – 82 Decision of question whether a
mine is under this Act
If any question arises as to whether any excavation or working
belonging to a mine on which any process to the getting,
dressing or preparation for sale or minerals or of coke is being
carried on in a mine within the meaning of this Act,
The Central Government may decide the question, and a
certificate signed by a Secretary to the Central Government
shall be conclusive on the point.

SEC –83 Power to exempt from operation
of Act
(1) The Central Government may by notification exempt either
absolutely any specified conditions any local area or any
mine or group or any class of persons from the operation or
any of the provisions of this Act or the regulations, rules or
bye-laws;
Provided that no local area or mine or group or class of
mines shall be exempted from the provisions of section 40
and 45 unless it is also exempted from the operation of all
the other provisions of this Act.
(2) The Central Government may special order in such condition
authorise the CIM or any other authority to exempt, subject
to any specified conditions, any mine or part thereof from
the operation of any of the provisions of the regulations, rules
or bye-laws

SEC –84 Power to alter on rescind any
orders -
1. The Central Government may reverse or modify any
order passed under this Act.
2. The Chief Inspector may for reasons to be recorded in
writing, reverse or modify any order passed by him
under this Act or under any regulation, rule or bye-law.
3. No order prejudicial to the owner, agent or manager of a
mine shall be made under this section unless such
owner, agent or manager has been given a reasonable
opportunity of making representation.

SEC –85 Application of Act to mines
belonging to Government
This Act shall also apply to mines belonging to the
Government.

SEC –85A Persons required to give notice
etc. legally bound to do so
Every person required to give any notice or to furnish any
information to any authority under this Act shall be legally
bound to do so within the meaning of section 176 of the
Indian Penal Code. (Act 45 of 1860)

SEC –85B Signing of returns, notices
etc.
All returns and notices required to be furnished or given or
communications sent by or on behalf of the owner of a mine
in connection with the provisions of this Act or any
regulation, rule, bye-law shall be signed by the owner, agent
or manager of the mine

SEC –85C No fee or charge to be realised
for facilities and conveniences
No fee or charge shall be realised from any person employed
in a mine in respect of any protective arrangements or
facilities to be provided, or any equipment or appliances to
be supplied under the provisions of this Act

SEC -86 Application of certain provision of
Act 63 of 1948 to mines
The Central Government may order direct that the provisions
of Chapter III and IV of the Factories Act, 1948 (63 if 1948)
shall specified in the notification apply to all mines

SEC – 87 Protection of action taken in
good faith
No suit, prosecution or other legal proceeding whatever shall
lie against any person for anything which is in good faith done
or intended to be done under this Act.

SEC – 88 Repeal of Act 4 of 1923 Rep by the
Repealing and Amending Act. 1959
Transitory provision –
(1) As from the date of constitution of the Committee under
section 12 of the principal Act as amended by this Act –
a) any Mining Board constituted under section 12 of the
principal Act and functioning as such on the aforesaid
date shall stand dissolved;
b) the Chairman and members of any such Board, who
on the aforesaid date are members of that Mining
Board shall cease to hold office as such;
c) all proceedings pending on the aforesaid date in any
Mining Board shall stand transferred to the said
Committee
(2) Anything done or any action taken before the aforesaid
date by any Mining Board shall, so far as it is not
inconsistent with any of the provisions of the Principal Act
as amended by this Act be as valid and effective as if it had
been done or taken by the Committee.

Ppt mine act_1952[1]

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