MINES ACT, 1952
INRODUCTION
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Indian Mines Act, 1923
DEFINIITION
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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
- 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
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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
- 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
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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
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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
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REPORTABLE INJURY- Involving
enforced absence from work for sevety
two hours or more
SERIOUS BODILY INJURY- permanent
loss of any part of body
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BELOW GROUND
- In shaft
- in any excavation extending below
superjacent ground
ABOVE GROUND
- In open cast or not specified as above
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Section 3- Act not to apply in certain
cases
The provisions of this Act except those
in Sections 7,8,9,45 and 46 are not to
apply to
(a) any mine in which excavation is
being made for prospecting purpose
only, not for obtaining minerals for use
or sale
provided not more than twenty persons
are employed, and depth of excavation
from highest to lowest point nowhere
exceeds six metres, and no part of
excavation extends below superjacent
ground
(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
INSPECTORS AND
CERTIFYING SURGEONS
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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
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Section 10- Secrecy of information
obtained
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Section 11- Certifying Surgeon
COMMITTEES
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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
(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
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Section 13- Functions of the Committee
Section 14- Powers etc. of the
Committee
Section 15- Recovery of expenses
MINING OPERATION AND
MANAGEMENT OF MINES
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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
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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
(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
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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
(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
to be each responsible to see all
operations are carried out according to
provisions
(5) In the event of any contravention
besides the person contravening,
supervisor, manager, owner and agent,
et al will be responsible
(6) Owner and agent are to be
ultimately responsible even if manager
and other officials or person under subsection (2) has been appointed
PROVISIONS AS TO HEALTH AND
SAFETY
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Section 19- Drinking water
Section 20- Conservancy
Section 21- Medical appliances
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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
(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
(7) Order of Chief Inspector is to be
complied with pending decision of the
Committee
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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
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Section 23- Notice to be given of
accidents
Section 24- Power of Government to
appoint Court of Inquiry in accidents
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Section 25- Notice of certain diseases
Section 26- Power to direct
investigation of causes of disease
Section 27- Publication of Reports
HOURS AND LIMITATION OF
EMPLOYMENT
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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
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Section 31- Hours of work below
ground
Section 32- Night shifts
Section 33- Extra wages for overtime
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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
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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
LEAVE WITH WAGES
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Section 49- Application of Chapter
Section 50- Leave defined
Section 51- Calendar year defined
Section 52- Annual leave with wages
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Section 53- Wages during leave period
Section 54- Payment in advance in
certain cases
Section 55- Mode of recovery of unpaid
wages
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Section 56- Power to exempt mines