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MINES ACT, 1952

MINES ACT, 1952

35 OF 1952

"The existing Indian Mines Act which relates to the regulation and inspection of mines was passed in 1923. Although it has since been amended in certain-respects, the general framework has remained unchanged. Experience of the working of the Act has revealed a number of defects and deficiencies which hamper effective administration. Some of these necessitate new forms of control while others require the tightening up of he existing legal provisions. It has, therefore, been considered necessary to thoroughly overhaul the existing Act. 2. The proposed legislation differs from the existing law in certain respects. The more important features are mentioned below:- (i) At present workshops run by a mine for the maintenance of its machinery and plant in safe and efficient working order are subject to the Factories Act, 1948. which is administered by Provincial Governments. Workers in workshops such as Fitters, blacksmiths, welders, electricians and others requently work for a. part of the shift underground and while so employed Come within the scope of the Mines Act. It is inconvenient that the same personnel should be subject to two different Acts administered by two different authorities. It is now proposed to bring all personnel engaged solely on work relating to mines within the scope of the Mines Act. For similar reasons it is proposed to bring within the scope of the Mines Act ower stations which generate power used wholly In connection with the mine concerned. (ii) Provision has been made in the Bill for the issue of adolescents and the appointment of certifying surgeons. (iii) The provisions in the existing Act regarding conservancy and sanitary conveniences are of a general nature. , The Bill provides for more definite arrangements for drinking water, latrines, urinals, etc. (iv) It has been made obligatory on the part of the owner, agent or manager f a mine to report the contraction of any of certain notified diseases. Provision for the holding of an enquiry regarding the causes of contraction of a reported disease has also been made. (v) It has also been laid down that first-and appliances should be made available underground and that they should be kept in charge of qualified personnel. (vii) A new chapter regarding the grant of compensatory holidays and holidays with pay has been included. (vii) the existing Act does not specify the rate of payment for overtime work. In the Bill the rates for overtime have been fixed at 1 times the ordinary rate of wages in the case of surface workers and at twice the ordinary rate for underground workers. The working hours for all workers, both surface and underground have been reduced to 48 per week and no worker is to be allowed to work for more than 9 hours a day above ground and 8 hours a day below ground. The provisions in the existing Act permit workers n the surface .to work for 54 hours a week or 10 hours a day and workers underground for 9 hours a day. (viii) It is proposed to prohibit after a certain date to be notified by the Central Government the presence of children in any part of a mine where operations connected with, or incidental to, mining processes are being carried .on. The intention is that the presence of children at mines should e prohibited as soon as arrangements for the provision of elementary education can be made if. collieries. (ix) The age limit of persons employed underground ha? been raised from 17 to 18 years. (x) At present the penalty for violation of the provisions of the Act is only fine. It is proposed to provide that the punishment may be imprisonment or fine or both. This will bring the penalty provisions in line with the penalties prescribed in the Factories Act. 1948. (xi) The employment of women underground is already prohibited. This prohibition will be continued.. The employment of women on the surface between the hours of 7 p.m. and 6 a.m. will also be prohibited but Provincial Government will be empowered to relax these limits but not so as o authorise working between the hours of 10 p.m. and 5 a.m. . (xii) Opportunity has also been taken to include in the Bill provisions relating to health, safety and comfort of workers somewhat on the lines of Factories Act, 1948. 3. It is hoped that when the Bill is passed Into !aw the provisions regulating labour and safety in mines will largely be on the iincs of those contained in (he Factories Act. 1948. Ga7. of India. 1949. Pt. V. p. 436. Amending Act 62 of 1959.- The Mines Act. 1952. was passed with a view to amending and consolidating the law relating to the regulation of labour and safety in mines. The working at the Act has shown that it requires to be amended for various reasons, e.g.. clarification of certain provisions, roper enforcement of certain others and insertion of some new provisions to bring the Act in line with those contained in the Factories Act. 1948. Some f the more important amendments sought to be made relate to - (i) the definition of the term 'mine' to make it clear that it includes quarries and opencast workings and also private railways, aerial ropeways, conveyors, etc.. (ii) a new provision to the effect that subject to certain conditions the ct (excepting a few provisions) shall not apply to excavations made for prospecting purposes only and to small quarries; (iii) the maintenance of first-aid rooms in mines wherein more than one hundred and fifty persons are employed, instead of five hundred persons as at present; (iv) the prohibition of employment of persons in a mine when its owner, etc., fail to comply with the notice of the Inspectorate for remedying any matter, thing or practice connected with a mine, which is dangerous to human life, limb, or safety; (v) the empowering of the person appointed under section 24 for inquiring into an accident also to inquire into the fitness of a person to hold a certificate granted to him under the Act, if he is of the opinion that the person concerned is prima facie guilty of incompetence or negligence or misconduct in the performance of his duties under the Act in relation to the accident; (vi) the payment of overtime at a uniform rate of twice the ordinary rate of wages for persons employed both above and below ground, instead of the present rate of one and a half times, in the case of persons employed above ground, and twice, for persons employed below ground; (vii) the revision of the Chapter on leave with wages so as to bring it as ar as practicable in line with similar provisions in the Factories Act, 1948, which are considered to be more liberal; arid (viii) the enhancement of penalties for contravention of the different provisions of the Act to make punishment more deterrent by raising the scale of fines and also providing for imprisonment along with fine in the case of subsequent convictions for the same offence and for contravention of orders under section 22."-S.O.R. Gaz. of India, 4-9-1959, Pt. II, section 2,' Ext., p. 1135. Act 42 of 1983.- The Mines Act. 1952 seeks to regulate the working conditions in mines by providing for measures to be taken for the safety of the workers employed therein and certain amenities for them. In the light of he working of the Act, certain modifications of the provisions of the Act have become necessary. They mainly relate to (1) the removal of certain practical difficulties experienced in its enforcement; (2) provision for dditional safety regulations; (3) closure association of workers with safety measures; (4) provision for a minimum penalty in case of gross negligence or recklessness; and (5) increase in the levy of the cess for the dministration of central rescue stations. 2. The notes on clauses appended to the Bill explain the provisions hereof.-Gaz. of India, 10-5-1983., Pt. II, S. 2, Ext., p. 100 (No. 18). An Act to amend and consolidate the law relating to the regulation of labour and safety in mines. BE it enacted by Parliament as follows :-

CHAPTER 1 : PRELIMINARY

SECTION 1 : Short title, extent and commencement

(1) This Act may be called The Mines Act, 1952.

(2) It extends to the whole of India 3 (a) [a] Words "except the State of Jammu and Kashmir" omitted by Act 25 of 1968, S. 2 and Sch. (15-8-1968).[* * * *]

(3) It shall come into force on such date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States but not later than 31st December, 1953.

SECTION 2 : Definitions

3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84). [(1)] In this Act, unless the context otherwise requires,- 3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(a) x x x]

(b) "adult" means a person who has completed his eighteenth year;3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(c) "agent", when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof;]

(d) "Chief Inspector" means the Chief Inspector of Mines appointed under this Act:3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(e) "Committee" means a Committee constituted under (section 12);]

(f) "day" means a period of twenty-four hours beginning at midnight;

(g) "district magistrate" means, in a presidency-town, the person appointed by the Central Government to perform the duties of a district magistrate under this Act in that town;3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(h) a person is said to be "employed" in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or, not-

(i) in any mining operation (including the concomitant operations of handling and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine);

(ii) in operations or services relating to the development of the mine including construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations;

(iii) inoperating, servicing, maintaining or reparing any part of any machinery used in or about the mine;

(iv) in operations, within the premises of the mine, of loading for despatch of minerals;

(v) in any office of the mine.

(vi) in any welfare, healths, sanitary or conservancy services required to be provided under this Act, or watch and ward, within the premises of the mine excluding residential area; or (vii) in any kind of work whatsoever which is preparatory or incidental, or connected with mining operations:]

(i) "Inspector" means an Inspector of Mines appointed under this Act, and includes a district magistrate when exercising any power or performing any duty of an Inspector which he is empowered by this Act to exercise or perform:3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(ii) x x x]3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omittd by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(j) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes-

(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields:

(ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not:

(iii) all levels and inclined planes in the course of being driven;

(iv) all open cast workings:

(v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals.or other articles or for the removal of refuse therefrom:

(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine:

(vii) all protective works being carried out in or adjacent to a mine;

(viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management;

(ix) all power stations, transformer sub-stations, convertor stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management;

(x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such, sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine;

(xi) any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on;]

(jj) "minerals" means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying or by any other operation and includes mineral oils (which in turn include natural gas and petroleum);3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(jjj) x x x]

(k) "office of the mine" means an office at the surfce of the mine concerned;3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(kk) "open cast working" means a quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground;]

(l) "owner", when used in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by a liquidator or receiver such liquidator or receiver 3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[x x x x x]; but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject o any lease, grant or licence for the working there of, or is merely the owner of the soil and not interested in the minerals of the mine; but 3 (b) [b] Substituted for the words "any contractor", Mines (Amendment) Act (42 of 1983), S. 2.

[any contractor or sub-lessee] for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability;

(m) "prescribed" means prescribed by rules, regulations or bye-laws, as the case may be;3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(n) "qualified medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of (section 2)

of (Medical Council Act, 1956), 1956 and who is enrolled on a State medical register as defined in clause (k) of that section;]

(o) "regulations", "rules" and "bye-laws" mean respectively regulations, rules and bye- laws made under this Act;

(p) where work of the same kind is carried out by two or more sets of persons working during different periods of the day each of such sets is called a "relay" 3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[and each of such periods is called a "shift"];3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(pp) "reportable injury" means any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced absence of the injured person from work for a period of seventy-two hours or more.]3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(q) "serious bodily injury" means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hering or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalnges of hand or foot;3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Section 2 was renumbered as sub-section (1) thereof, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 198.1), S.2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Substituted by the Mines (Amendment) Act (42 of 1983). S. 2 (31-5-1984).3 (a) [a] Omitted by the Mines (Amendment) Act (42 of 1983), S. 2 (31-5-1984).3 (a) [a] Inserted by the Mines (Amendment) Act, 1959 (62 of 1959), S, 2 (w.e.f. 16-1-1960).3 (a) [a] Words "and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent" omitted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Substituted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).3 (a) [a] Added by the Mines (Amendment) Act, 1959 (62 of 1959), S. 2 (w.e.f. 16-1-1960).3 (a) [a] Inserted by Mines (Amendment) Act (42 of 1983), S. 2 (31-5-84).

[(r) "week" means a period of seven days beginning at midnight on Satuday night or such other night as may be approved in writing for a particular area by the Chief Inspector or an Inspector.]

(a) "below ground" it he is working or employed-

(i) in a shaft which has been or is in the course of being sunk; or

(ii) in any excavation which extends below superjacent ground; and

(b) "above ground" if he is working in an open cast working or in any other manner not specified in clause (a).]

SECTION 3 : Act not to apply in certain cases

3 (a) [a] Substituted for the former section 3, by the Mines (Amendment) Act, 1959 (62 of 1959) S 3 (w e.f. 16-1-1960). [(1) The provisions of this Act, except those contained in sections [ (section 7) , (section 8) , (section 9) , (section 40) , (section 45) and (section 46) ] shall not apply to--

(a) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale : Provided that-

(i) not more than twenty persons are employed on any one day in connection such excavation; with any such excavation;

(ii) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres or, in the case of an excavation for coal, fifteen meters; and

(iii) no part of such excavation extends below superjacent grounds; or

(b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, 3 (c) [c] Inserted, Mines Amendment) Act (42 of 1983)S. 3 .

[slate,] road metal, earth, fuller's earth 3 (c) [c] Inserted, Mines Amendment) Act (42 of 1983)S. 3 .

[, marl, chalk] and lime stone : Provided that-

(i) the workings do not extend below superjacent ground; or

(ii) where it is an open cast working-

(a) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six meters;

(b) the number of persons employed on any one day does not exceed fifty; and

(2) Notwithstanding anything contained in sub-section ( 1), the Central Government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or part thereof or group or class of mines, it is necessary or desirable so to do, by notification in the Official Gazette, declare that any of the provisions of this Act, not set out in sub- section (1), shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein.

(3) Without prejudice to the provisions contained in sub-section (2), if at any time any of the conditions specified in the proviso to clause (a) or clause (b) of sub-section ( 1 ) is not fulfilled in relation to any mine referred to in that sub-section, the provisions of this Act not set out in sub-section (1), shall become immediately applicable, and it shall be the uty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfilment.]

SECTION 4 : References to time of day

In this Act, references to time of day are references to Indian standard time, being five and a half hours ahead of Greenwich mean time : Provided that, for any area, in which Indian standard time is not ordinarily observed, the Central Government may make rules- (a) specifying the area;

(b) defining the local mean time ordinarily observed therein: and

CHAPTER 2 : INSPECTORS AND CERTIFYING SURGEONS

SECTION 5 : Chief Inspector and Inspectors

(1) The Central Government may, by notification in the Official Gazette, appoint such a person as possesses the prescribed qualifications to be Chief Inspector of Mines for all the territories to which this Act extends and such persons as possess the prescribed qualifications to be Inspectors of Mines subordinate of the Chief Inspector.

(2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or mining rights in India.

(3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special a orders of the Central Government: Provided that nothing in this sub-section shall be deemed to empower a District Magistrate to exercise any of the powers conferred by b [ (section 22) or (section 22A) ] or (section 61).

(4) The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code.

SECTION 6 : Functions of Inspectors

3 (a ) [a] Substituted for S. 6, by the Mines (Amendment) Act, 1959 (62 of 1959), S. 4 (w.e.f. 16-1-1960).[(1) The Chief Inspector may, with the approval of the Central Government and subject to such restrictions or conditions as he may think fit to impose, by order in writing, authorise any Inspector named or any class of Inspectors specified in the order to exercise such of the powers of the Chief Inspector under this Act (other than those relating to appeals) as he may specify.

(2) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named or any class of Inspectors specified in the order of any power conferred on Inspectors under this Act.

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MINES ACT, 1952

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