to get an basic under standing about mines act

1. MINES ACT, 1952

2. INRODUCTION
 Indian Mines Act, 1923

3. DEFINIITION
 AGENT- In relation to a mine means
every person appointed as such or not
who acting or purporting to act on
behalf of the owner, takes part in
management, control, supervision or
directio of mine
 EMPLOYED- Who works as the
manager or who works under
appointment
- in any mining operation

4. - in operations or services relating to
the development of the mine
- in operating, servicing, maintaining
or repairing of machinery
- in operations, within premises of
mine, of loading for dispatch
- in any office of the mine
- in welfare, health, sanitary or
conservancy or watch and ward
- in any kind of work preparatory or
incidental to, or connected with,
mining operations

5.  MINE- Excavation for searching for
and obtaining minerals and includes
- all borings, bore holes, oil wells and
accessory crude conditioning plants,
including pipes
- all shafts
- all levels and inclined planes
- all open cast workings
- all conveyors and open ropeways
- all audits, levels, planes,
machinery, works, railways, tramways
and sidings
- all protective works

6. - all workshops and stores
- all power stations etc.
- any premise to deposit sand for use
in mine or to deposit refuse from mine
- any premise for process ancillary to
getting dressing or preparation for
sale of minerals or of coke

7.  MINERAL- All substances which can
be obtained from the earth by mining,
digging, dredging, hydraulicing,
quarrying or any other operation and
includes mineral oil
 OFFICE OF THE MINE
 OPEN CAST WORKING

8.  OWNER means immediate proprietor
or lessee or occupier and if business
is carried on by liquidator or receiver,
such liquidator or receiver
but does not include person receiving
royalty, rent or fine, mere proprietor
of the mine subject to lease, grant or
licence, mere owner of the soil not
interested in the minerals,
but contractor or sub-lessee for
working of mine is subject to this Act
as if he were an owner, but not so as
to exempt the owner from any liability

9.  REPORTABLE INJURY- Involving
enforced absence from work for sevety
two hours or more
 SERIOUS BODILY INJURY-permanent
loss of any part of body

10.  BELOW GROUND
- In shaft
- in any excavation extending below
superjacent ground
 ABOVE GROUND
- In open cast or not specified as
above

11.  Section 3- Act not to apply in certain
cases
The provisions of this Act except
those in Sections 7,8,9,45 and 46 are
not to apply to
(a) any mine in which excavation is
being made for prospecting purpose
only, not for obtaining minerals for use
or sale

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

13. (b) any mine engaged in extraction of
kankar, murrum, laterite, boulder,
gravel, single, sand (excluding
moulding sand, glass sand and other
mineral sands), ordinary clay
(excluding kaolin, china clay, white
clay or fire clay) building stone, slate
road metal, earth, fullers earth, marl,
chalk and lime stone
provided workings are not extending
below superjacent ground and in open
cast depth is not more than six
metres, number of persons employed
not more than fifty and explosives are
not used

14. INSPECTORS AND
CERTIFYING SURGEONS
 Section 5- Chief Inspector and
Inspectors
 Section 6- Functions of Inspectors
 Section 7- Powers of Inspectors of
Mines
 Section 8- Powers of Special Officer
to enter, measure, etc.
 Section 9- Facilities to be provided for
occupational health survey

15.  Section 10- Secrecy of information
obtained

16.  Section 11- Certifying Surgeon

17. COMMITTEES
 Section 12- Central Government is to
constitute Committee for the purpose
of the Act, consisting of
(a) A person, not being Chief
Inspector, to act as Chairman
(b) Chief Inspector of Mines
(c) Two persons to represent the
interest of miners appointed by
Central Government

18. (d) Two persons to represent the
interest of miners appointed by
Central Government
(e) Two qualified mining engineers not
directly employed in mining industry
provided one person in (c) and (d)
represents the interest of workers in
coal mines

19.  Section 13- Functions of the
Committee
 Section 14- Powers etc. of the
Committee
 Section 15- Recovery of expenses

20. MINING OPERATION AND
MANAGEMENT OF MINES
 Section 16(1)- Notice to be given of
mining operations
The owner, agent or manager of
mine, before commencement of
mining operation is to give notice to
Chief Inspector, Controller Indian
Bureau of Mines and District
Magistrate in writing in form
prescribed and particulars
(2) To reach them one month before
commencement of mining operation

21.  Section 17(1)- Manager
Every mine to be under a sole
manager having prescribed
qualifications appointed by owner or
agent provided owner or agent, if
qualified, may himself be the manager
(2) Subject to instructions given by
owner or agent, manager is to be
responsible for over all management,
control, supervision and direction of
the mine- and all such instructions are
to be confirmed in writing forthwith

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

23.  Section 18(1)- Duties and
responsibilities of owners, agents and
managers
Owner and agent to be responsible for
making financial and other provisions
and for taking steps necessary for
compliance with provisions of this Act
and regulations, rules, bye-laws and
orders made thereunder

24. (2) The responsibility in respect to
matters provided for in rules under (d),
(e) and (p) of Section 58 are to be
exclusively carry out by owner and
agent and person (other than the
manager) appointed for securing
compliance with these provisions
(3) If carrying out of instructions
under Section 17 given otherwise than
manager results in contravention of
the provisions of this Act, person
giving instructions will be responsible
for contravention
(4) Owner, agent and manager are

25. to be each responsible to see all
operations are carried out according
to provisions
(5) In the event of any contravention
besides the person contravening,
supervisor, manager, owner and
agent, et al will be responsible
(6) Owner and agent are to be
ultimately responsible even if manager
and other officials or person under
sub-section (2) has been appointed

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

27.  Section 22(1)- Powers of Inspectors
when causes of danger not expressly
provided against exists or when the
employment of a person is dangerous
Inspector may give notice in writing to
require it to be remedied
(1A) If no compliance he may by
order prohibit the employment
(2) he may by order prohibit the
extraction or reduction of pillars or
blocks

28. (3A) Anyone prohibited employment is
to be entitled for full wages
(4) Appeal against order of Inspector
is to be made to chief Inspector within
ten days
(5) Chief Inspector or Inspector to
send report of their order to Central
Government
(6) Appeal against order of Chief
Inspector is to be made to Central
Government within twenty days,
Central Government is to refer it to
Committee

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

30.  Section 22A(1)- Power to prohibit
employment in certain cases
In respect to any matter relating to
safety for which express provision is
made Chief Inspector may give order
in writing for compliance
(2) If no compliance he may by order
prohibit the employment
(3) Anyone prohibited employment is
to be entitled for full wages
(4) Provisions of (5), (6) and(7) of
Section 22 are to apply

31.  Section 23- Notice to be given of
accidents
 Section 24- Power of Government to
appoint Court of Inquiry in accidents

32.  Section 25- Notice of certain diseases
Section 26- Power to direct
investigation of causes of disease
Section 27- Publication of Reports

33. HOURS AND LIMITATION
OF EMPLOYMENT
 Section28- Weekly day of rest
 Section 29- Compensatory days of
rest
 Section 30- Hours of work above
ground
forty eight hours a week, nine hours a
day, no spreadover more than twelve
hours, no five hours continuous work,
maximum spreadover fourteen hours,
two shifts not to do work of same kind
at the same time

34.  Section 31- Hours of work below
ground
 Section 32- Night shifts
 Section 33- Extra wages for overtime

35.  Section 34- Prohibition of employment
of certain persons
 Section 35- Limitation of daily hours
of work including overtime work
 Section 36- Notices regarding hours
of work
 Section 37- Supervising staff
 Section 38- Exemption from
provisions regarding employment

36.  Section 39- Power to make exepting
rules
 Section 40- Employment of persons
below eighteen years of age
 Section 43- Power to require medical
examination
 Section 45- Prohibition of the
presence of persons bellow eighteen
years of age in a mine
 Section 46- Employment of women
 Section 48- Registers of persons
employed

37. LEAVE WITH WAGES
 Section 49- Application of Chapter
 Section 50- Leave defined
 Section 51- Calendar year defined
 Section 52- Annual leave with wages

38.  Section 53- Wages during leave
period
 Section 54- Payment in advance in
certain cases
 Section 55- Mode of recovery of
unpaid wages

39.  Section 56- Power to exempt mines