LEGISLATIVE
HIERARCHY
03 PILLARS OF THE STATE – PROCESS OF LAW
MAKING AND ENFORCEMENT
EXECUTIVE
ELECTED
MEMBERS IN
THE
NATIONAL
ASSEMBLY
GENERAL
PUBLIC
SENATE
JUDICIARY
ELECTED
MEMBERS BY
PROVINCIAL
ASSEMBLIES
P
R
E
S
I
D
E
N
T
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A
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INTRODUCTION
Provincial Inspectorates of Mines are
the attached Departments of Mines &
Minerals Department. They have multi
dimension charter of duties to
perform. The principle function is the
enforcement of laws applicable over
mine. The perspective has therefore
focused on various facets of the
activities of Inspectorate.
LAW
Law is a set of rules of society which lay down
standards of human conduct. It defines rights
and duties of the members of society. It
emphasizes about certain acts to be performed
and forbids others.
CONSTITUTION
The supreme law of the country is called the
constitution. The affairs of Pakistan are run
under the constitution of Pakistan 1973 (duly
amended and up-dated).
Mines Act 1923
Mines Act, 1923 is a Federal Legislative
frame-work empowering the Provincial
Governments to make Rules and
Regulations for their respective Provinces
for different categories of mines. The Act
ibid. emanates from the constitution which
provides for “Regulation of Labour and
Safety in Mines. Therefore, its hierarchy
and implications at various levels need to
be understood by each.
•
Mines Act is a law relating to Safety of Mines
and Safety Health and Welfare of Mine
Workers. The history of regulation of labour
in Mines is chequred. This subject remained
on the federal list till 1962.
•
Currently subject of safety in Mines is on the
concurrent list of the constitution i.e. laws
for Radio Active Minerals, Oil and Gas Field
are
the
responsibilities
of
federal
government while all other minerals are the
domain of provincial governments.
Objectives
• Regulation of working of mines;
• Safe working environments in mines;
• Identification of mines hazards and their
control;
Definition
“Agent” means:
A Person:
•
Who is representative of the owner;
•
Who is superior to Manager.
“Mine” means:
Any excavation conducted for:
•
Search for minerals or obtaining for minerals;
•
Whether such operation has been conducted
or is being conducted.
“Act” is the text which defines the roles of
various persons/agencies and their powerslimitation. Act is applicable for all types of
mines within the federating units of Pakistan.
Consolidated Mine Rules 1952
These are set of laws sub-ordinate to Act
concerning the condition of employment;
health, sanitary and welfare aspects of
personnel employed at mines. They are,
therefore, common to all types of mines.
Regulations 1926
They are laws subordinate to Mines Act framed
by respective province governing the working
condition of particulars mineral or group of
minerals. Currently they are classified into two
groups i.e. Coal Mine Regulations 1926 (CMR)
and Metalliferous Mines Regulations, 1926
(MMR).
Application for Laws in Mines and Quarries
Coal/Metalliferous Regulations are applicable on
all types of mines and quarries other than Radio
Active; Oil and Gas Fields.
Duties of Mine Owners, Agents and Managers
• To conduct all mining operations in
accordance with provisions of Law;
• To protect the rights of workers
regarding safety health and welfare.
• Before the start of any mining
operation (Mine being in conceptual
stage) 14 days advance notice is to be
sent to Chief Inspector of Mines (CIM)
and other agencies.
• Unless otherwise objected by the CIM;
working of Mines can start but under
the control of technically qualified
persons (Manager).
• Competence of Mine Manager is
adjudged by the CIM who can permit or
authorize the Manager for period upto
12 months.
• Mine Manager while taking over charge
has to make sure that:• All subordinate staff necessary to
ensure safe operations is appointed.
• Duties of each subordinate staff is defined, the
extract of which is given to each appointee;
• Mining
operations
are
conducted
in
accordance with approved plan;
• No person is allowed to work in or around the
mines unless the work place has been
examined and declared safe by the manager or
any other authorized person;
• All registers, reports and returns including
mine plans are prepared and maintained.
• In the case of mine accident reports are sent
to the Inspector of Mines of the area as well as
to CIM.
SUPER INSPECTION
• Chief Inspector of Mines (CIM) or Inspector of
Mines (IM) periodically inspect the mines in
respect of:• All work places;
• Abandoned places;
• Condition of security of strata on the roof and
side;
• Adequacy of Mine Ventilation;
• Pollution level of gases and dust;
• Effect of Temperature and Humidity;
• Mining Method applied, size of opening; pillar etc;
• Safe handling; storage and use of
explosives.
• Availability of adequate safety equipment
and other materials and to ensure safe
working;
• Availability of adequate number of trained
persons in all desired disciplines.
• To safe guard possible threat to mine
operations by extraneous activities;
• Enforcement of law in letter and spirit,
prosecuting defaulting mine owners in the
Court of Law.
Law of Necessity
When the express provision of law is not sufficient to
protect safety in mines; the Inspectors or Chief Inspector
can make their own law and require the mine
management to adopt immediate remedial measures.
Hierarchy of Responsibility
• Each worker is responsible to Supervisors/Mine Sirdar/Shot
Firer.
• Each supervisor is responsible to Assistant/Under Manager;
Engineer or Mine Manager.
• Mine Manager/Agent or Owner under the Law is responsible
to Inspector of Mines as well as Chief Inspector of Mines.
• Each Inspector of Mines is answerable to Chief Inspector of
Mines.
• Chief Inspector of Mines is administratively responsible to
Government and technically to Mining Board.
Appellant Authorities
• Appeals are preferred to:-
• Chief Inspector of Mines against the orders
of Inspectors;
• Government against the orders of Chief
Inspector of Mines.
Government in turn refers to:• A committee, if the point in issue relates to
a mine;
• A Mining Board if the point in issue relates
to more than one mine or relates to law
making or amendment in the law.
Penalties
Punishment are defined for various offenses
committed by Mine Owners; Agent or any other
person under their control which may extend
from Rs.200/- to rigorous imprisonment.
Importance of ‘S’ in Safety (elimination of dangers)
Statistical Data (collect)
Strategy (Develop)
Self-assessment
(undertake)
Specification (Design)
Supervision (Ensure)
System of work (Define)
Safety Devices (Apply)
Select (Right Man for the
Right Job)
Suggestions (Listen)
Storage, Handling and Use of Explosives
No owner, agent and manager shall:• store any explosive within the premises of
Mine;
• store in the working of the Mine
• take into or keep in a dwelling house.
The Manager shall appoint a competent
person:• To be incharge of a magazine.
• The explosives shall be issued only to
competent person appointed by Manager.
• No liquid oxygen explosive shall be used
underground.
• The gunpowder shall be used in the form of
cartridges.
• The explosive unused and left over shall be
returned to magazine.
The person incharge of magazine shall keep:• A correct record of all types of explosives
and detonators used.
• No explosive shall be taken in a mine except
in a securely locked cases/canister
containing not more than five pound each
unless otherwise higher quantity is allowed
by Chief Inspector.
• No shot shall be stemmed or fired except
under the supervision of competent Shot
Firer; Sirdar or Supervisor.
• In any mine where more than 50 persons
are employed:• No person shall be appointed to perform
the duties of a Shot Firer who is also
responsible for making inspection under
Coal Mine Regulation-70 (Mine Sirdar).
• All persons shall take proper shelter when
the shots are being fired.
No blasting shall be done when the:• two working places have approached
within 10 ft. of one another unless the
workers have been withdrawn.
For charging or stemming:
• No person shall use any Iron Pricker,
Scraper, Tamping Rod or Stammer.
• When a hole has been charged, the
explosive shall not be unarmed.
• Detonators and explosive shall be kept in
separate boxes.
• No shot shall be stemmed or fired in a Coal
and Gassy Mine by any person:
• Unless he holds Sirdar Certificate endorsed
for gas testing;
• Permitted explosive shall be fired only by
means of shot firing apparatus.
• When a charge has mis-fired.
• No hole shall be bored at a distance of
12 inches from any other hole.
• No hole shall be fired underground
unless the place is naturally wet within a
distance of 60 ft.
• Where permitted explosive are required
to be used and:
• where more than one shots are charged
for firing;
• The shots shall be fired simultaneously.
No shot shall be fired in coal in
any gallery unless:• The coal has been undercut, over cut or
side cut and
• The length of the shot hole is at least 6
inches less than the length of cut.
When a shot has mis-fired charge
of explosive has been blasted out:• A careful search for cartridge and
detonators shall be made among the
debris.
Law is like a burning candle. If you handle
it from the non-burning end only then it
will enlighten other wise it will burn you.
THANKING YOU FOR YOUR
PATIENCE