NTA-NET/JRF 2021

Labour Law-Paper Code-55

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 The Mines Act, 1952
Part-2
Enactment: 15-03-1952
enforcement: 01-07-1952

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 Section-2
Definitions

▪ (b) “adult” means a person who has completed his eighteenth year;
▪ (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;

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(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 plan therein but excluding construction of buildings, roads,
wells and any building work not directly connected with any existing or
future mining operations;

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(iii) in operating, servicing, maintaining or repairing 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, health, 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 to, or

connected with, mining operations;

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 (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 receiver3 ***
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 to
any lease, grant or licence for the working thereof, or is merely the
owner of the soil and not interested in the minerals of the mine; but 4
[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;

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(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;

(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 hearing or any permanent physical incapacity or the
fracture of any bone or one or more joints or bones of any phalanges of
hand or foot;

(r) “week” means a period of seven days beginning at midnight on

Saturday night or such other night as may be approved in writing for a
particular area by the Chief Inspector or an Inspector.

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 3. Act not to apply in certain cases.

▪ (1) The provisions of this Act, except those contained in 3 [sections 7,8,9,40,45
and 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 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
metres; and
▪ (iii)no part of such excavation extends below superjacent ground; or

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(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, slate, road metal, earth, fullers earth, 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 metres;

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

(c) explosives are not used in connection with the excavation.

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 CHAPTER II

INSPECTORS AND
CERTIFYING SURGEONS

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 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 to
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 orders of the Central
Government.

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 6. Functions of Inspectors.

▪ (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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 8.Powers of special officer to enter,
measure, etc.

▪ Any person in the service of the Government duly authorised in this behalf by a
special order in writing of the Chief Inspector or of an Inspector may, for the purpose
of surveying, leveling or measuring any mine or any output therefrom, after giving not
less than three days’ notice to the manager of such mine, enter the mine and may
survey, level or measure the mine or any part thereof or any output therefrom at any
time by day or night:

▪ Provided that, where in the opinion of the Chief Inspector or of an Inspector an

emergency exists, he may, by order in writing, authorise any such person to enter the
mine for any of the aforesaid purposes without giving any such notice.

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 9A. Facilities to be provided for
occupational health survey
▪ (1) The Chief Inspector or an Inspector or other officer authorised by him in
writing in this behalf may, at any time during the normal working hours of the
mine or at any time by day or night as may be necessary, undertake safety and
occupational health survey in a mine after giving notice in writing to the
manager of the mine; and the owner, agent or manager of the mine shall afford
all necessary facilities (including facilities for the examination and testing of
plant and machinery, for the collection of samples and other data pertaining to
the survey and for the transport and examination of any person employed in
the mine chosen for the survey) to such Inspector or officer.
▪ (2) Every person employed in a mine who is chosen for examination in any
safety and occupational health survey under sub-section (1) shall present
himself for such examination and at such place as may be necessary and shall
furnish all information regarding his work and health in connection with the
said survey.

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(3) The time spent by any person employed in a mine who is chosen for
examination in the safety and occupational health survey, shall be counted
towards his working time, so however that any overtime shall be paid at the
ordinary rate of wages.

Explanation.—For the purposes of this sub-section, “ordinary rate of wages”

means the basic wages plus any dearness allowance and underground allowance
and compensation in cash including such compensation, if any, accruing through
the free issue of food grains and edible oils as persons employed in a mine may,
for the time being, be entitled to, but does not include a bonus (other than a bonus
given as incentive for production) or any compensation accruing through the
provision of amenities such as free housing, free supply of coal, medical and
educational facilities, sickness allowance, supply of kerosene oil, baskets, tools
and uniforms
(4) Any person who, on examination , is found medically unfit to discharge the duty
which he was discharging in a mine immediately before such presentation shall be
entitled to undergo medical treatment at the cost of the owner, agent and manager
with full wages during the period of such treatment.
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(5) If, after the medical treatment, the person referred to in sub-section (4) is
declared medically unfit to discharge the duty which he was discharging in a
mine immediately before presenting himself for the said examination and such
unfitness is directly ascribable to his employment in the mine before such
presentation, the owner, agent and manager shall provide such person with an
alternative employment in the mine for which he is medically fit: Provided that
where no such alternative employment is immediately available, such person
shall be paid by the owner, agent and manager disability allowance determined
in accordance with the rates prescribed in this behalf:

Provided further that where such person decides to leave his employment in
the mine, he shall be paid by the owner, agent and manager a lump sum amount
by way of disability compensation determined in accordance with the rates
prescribed in this behalf.

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 11. Certifying surgeons

▪ (1) The Central Government may appoint qualified medical

practitioners to be certifying surgeons for the purposes of this Act
within such local limits or for such mine or class or description of
mines as it may assign to them respectively.
▪ (2) Subject to such conditions as the Central Government may think
fit to impose, a certifying surgeon may, with the approval of the
Central Government, authorise any qualified medical practitioner to
exercise all or any of his powers under this Act for such period as
the certifying surgeon may specify, and references to a certifying
surgeon shall be deemed to include references to any qualified
medical practitioner when so authorised.

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(3) No person shall be appointed to be, or authorised to exercise the powers of, a
certifying surgeon, or, having been so appointed or authorised, continue to
exercise such powers, who is or becomes the owner, agent or manager of a mine,
or is or becomes directly or indirectly interested therein, or in any process or
business carried on therein or in any patent or machinery connected therewith, or
is otherwise in the employment of the mine.

(4) The certifying surgeon shall carry out such duties as may be prescribed in
connection with—
(b) the examination of persons engaged in a mine in such dangerous occupations
or processes as may be prescribed;
(c) the exercise of such medical supervision as may be prescribed for any mine or
class or description of mines where—
(i) cases of illness have occurred which it is reasonable to believe are due to the
nature of any process carried on or other conditions of work prevailing in the
mine;

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 CHAPTER III
COMMITTEES

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 12. Committees.
▪ (1)The Central Government shall, with effect from such date as that Government may, by notification
in the Official Gazette, specify in this behalf, constitute for the purposes of this Act, a Committee
consisting of—

▪ (a) a person in the service of the Government, not being the Chief Inspector or an Inspector,
appointed by the Central Government to act as Chairman;

▪ (b) the Chief Inspector of Mines;

▪ (c) two persons to represent the interests of miners appointed by the Central Government;

▪ (d) two persons to represent the interests of owners of mines appointed by the Central Government;

▪ (e) two qualified mining engineers not directly employed in the mining industry, appointed by the
Central Government:

▪ Provided that one at least of the persons appointed under clause (c) shall be for representing the
interests of workers in coal mines and one at least of the persons appointed under clause (d) shall
be for representing the interests of owners of coal mines.
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 The term of office of the members, shall be three years from the
date on which their appointment is notified in the Official Gazette:

Provided that a member shall notwithstanding the expiry of a

period of three years, continue to hold office until the appointment
of his successor is notified in the Official Gazette;

Provided further that a member appointed to fill a casual vacancy

shall hold office for the remaining period of the term of office of
the member in whose place he is appointed and shall continue to
hold office on the expiry of the term of office until the appointment
of his successor is notified in the Official Gazette.

An Inspector of Mines nominated in this behalf by the Chief

Inspector shall act as the Secretary to the Committee.

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 Resignation.-
(1) A member other than the Chairman may resign the office by
writing under his hand addressed to the Chairman .

(2) The Chairman may resign his office by writing under his hand
addressed to the Central Government.

(3) The resignation shall take effect from the date of its acceptance 2
[or on the expiry of thirty days from the date of receipt of such
resignation whichever is earlier] by the Chairman of the Central
Government as the case may be.

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 Notice of meetings –
(1)The Secretary to the Committee shall give at least fourteen
days’ notice to every member of the Committee present in
India of the time and place fixed for each meeting and shall
send to every such member agenda of business to be
disposed off at that meeting, not less than seven days
before the meeting :

Provided that when an emergent meeting is called, at least

two days’ clear notice shall be given.

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 13. Functions of the committee
▪ (1)The Committee constituted under sub-section (1) of section 12 shall—
▪ (a) consider proposals, for making rules and regulations under this Act and make
appropriate recommendations to the Central Government;
▪ (b) enquire into such accidents or other matters as may be referred to it by the Central
Government from time to time and make reports thereon; and
▪ (c) subject to the provisions of sub-section (2), hear and decide such appeals or
objections against notices or orders under this Act or the regulations, rules or bye-laws
thereunder, as are required to be referred to it by this Act or as maybe prescribed.
▪ (2) The Chief Inspector 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 or
act in relation to any matter pertaining to such appeal or objection as a member of the
Committee.

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 15. Recovery of expenses.
▪ The Central Government may direct that the expenses of any inquiry
conducted by a Committee constituted under section12 shall be borne
in whole or in part by the owner or agent of the mine concerned, and
the amount so directed to be paid may, on application by the Chief
Inspector or an Inspector to a magistrate having jurisdiction at the
place where the mine is situated or where such owner or agent is for
the time being resident, be recovered by the distress and sale of any
movable property within the limits of the magistrate's jurisdiction
belonging to such owner or agent:

▪ Provided that the owner or his agent has not paid the amount within
six weeks from the date of receiving the notice from the Central
Government or the Chief Inspector of Mines.

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 CHAPTER V
PROVISIONS AS TO
HEALTH AND SAFETY

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 19. Drinking Water

▪ (1)In every mine effective arrangements shall be made to provide and maintain at
suitable points conveniently situated a sufficient supply of cool and wholesome
drinking water for all persons employed therein:
▪ Provided that in the case of persons employed below ground the Chief Inspector
may, in lieu of drinking water being provided and maintained at suitable points,
permit any other effective arrangements to be made for such supply.
▪ (2) All such points shall be legibly 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 six meters (substituted for 20 ft w.e.f 31-05-1984) of any
washing place urinal or latrine unless a shorter distance is approved in writing by
the Chief Inspector.

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20. Conservancy.

▪ (1)There shall be provided, separately for males and

females in every mine, a sufficient number of latrines and
urinals of prescribed types so situated as to be convenient
and accessible to persons employed in the mine at all
times.

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 21. Medical appliances.

▪ (1)In every mine there shall be provided and maintained so as to be readily

accessible during all working hours such number of first-aid boxes or
cupboards equipped with such contents as may be prescribed.
▪ (2)Nothing except the prescribed contents shall be kept in a first-aid box or
cupboard or room.
▪ (3)Every first-aid box or cupboard shall be kept in the charge of a responsible
person who is trained in such first-aid treatment as may be prescribed and
who shall always be readily available during the working hours of the mine.
▪ (5)In every mine wherein more than one hundred and fifty persons are
employed, there shall be provided and maintained a first-aid room of such size
with such equipment and in the charge of such medical and nursing staff as
may be prescribed.

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 The first-aid room shall be in charge of a qualified medical
practitioner, where the number of persons ordinarily employed in a
mine is more than 1000, such medical practitioner shall be a whole
time employee at the mine.

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 22. Powers of Inspectors when causes of danger not
expressly provided against exist or when employment
of persons is dangerous.

▪ (1) If, in respect of any matter for which no express provision is made by or
under this Act, it appears to the Chief Inspector or an Inspector that any mine
or part thereof or any matter, thing or practice in or connected with the mine,
or with the control, supervision, management or direction thereof, is
dangerous to human life or safety or defective so as to threaten, or tend to, the
bodily injury of any person, he may give notice in writing thereof to the owner,
agent or manager of the mine and shall state in the notice the particulars in
respect of which he considers the mine or part thereof or the matter, thing or
practice to be dangerous or defective and require the same to be remedied
within such time and in such manner as he may specify in the notice.

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(lA) Where the owner, agent or manager of mine fails to comply with
the terms of a notice given under sub-section (1) within the period
specified therein, the Chief Inspector or the Inspector, as the case may
be, may, by order in writing, prohibit the employment in or about the
mine or any part thereof of any person whose employment is not in his
opinion reasonably necessary for securing compliance with the terms
of the notice.

(3)If the Chief Inspector, or an Inspector authorised in this behalf by

general or special order in writing by the Chief Inspector, is of opinion
that there is urgent and immediate danger to the life or safety of any
person employed in any mine or part thereof, he may, by order in
writing containing a statement of the grounds of his opinion, prohibit, 1
[until he is satisfied that the danger is removed], the employment in or
about the mine or any part thereof of any person whose employment is
not in his opinion reasonably necessary for the purpose of removing
the danger.

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(3A) Every person whose employment is prohibited under’ sub-section (lA) or sub-
section (3) shall be entitled to payment of full wages for the period for which he
would have been, but for the prohibition in employment and the owner, agent or
manager shall be liable for payment of such full wages of that person:

Provided that the owner, agent or manager may instead of paying such full wages
provide such person with an alternative employment at the same wages which such
person was receiving in the employment which was prohibited.

(4)Where a notice has been given under sub-section (1) or an order made under
sub-section (lA), sub-section (2) or sub-section (3) by an Inspector, the owner,
agent or manager of the mine may, within ten days after the receipt of the notice or
order, as the case may be, appeal against the same to the Chief Inspector who may
confirm, modify or cancel the notice or order.

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(6)If the owner, agent or manager of the mine objects to a notice sent
under sub-section (1) by the Chief Inspector or to an order made by the
Chief Inspector under sub-section (lA) or sub-section (2) or sub-section (3)
or sub-section (4), he may, within twenty days after the receipt of the
notice containing the requisition or of the order or after the date of the
decision on appeal, as the case may be, send his objection in writing
stating the grounds thereof to the Central Government which shall,
ordinarily within a period of two months from the date of receipt of the
objection, refer the same to a Committee.

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 23. Notice to be given of accidents
▪ (1)Whenever there occurs in or about a mine—
▪ (a) an accident causing loss of life or serious bodily injury, or
▪ (b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush
of water or other liquid matter, or
▪ (c) an influx of inflammable or noxious gases, or
▪ (d) a breakage of ropes, chains or other gear by which persons or materials are
lowered or raised in a shaft or an incline, or
▪ (e) an overwinding of cages or other means of conveyance in any shaft while persons
or materials are being lowered or raised, or
▪ (f) a premature collapse of any part of the working, or
▪ (g) any other accident which may be prescribed,

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the owner, agent or manager of the mine shall give notice of the occurrence to
such authority in such form and within such time as may be prescribed, and he
shall simultaneously post one copy of the notice on a special notice board in the
prescribed manner at a place where it may be inspected by trade union officials,
and shall ensure that the notice is kept on the board for not less than fourteen
days from the date of such posting.

(lA) Whenever there occurs in or about a mine an accident causing reportable

injury to any person, the owner agent or manager of the mine shall enter in a
register such occurrence in the prescribed form and copies of such entries shall
be furnished to the Chief Inspector once in a quarter.

(2) Where a notice given under sub-section (1) relates to an accident causing
loss of life, the authority shall make an inquire into the occurrence within two
months of the receipt of the notice and, if the authority is not the Inspector, he
shall cause the Inspector to make an inquiry within the said period.

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 (3) The Central Government may, by notification in the Official Gazette, direct that
accidents other than those specified in sub-sections (1) and (lA) which cause bodily
injury resulting in the enforced absence from work of the person injured for a period
exceeding twenty-four hours shall be entered in a register in the prescribed form or
shall be subject to the provisions of sub-section (1) or sub-section (lA), as the case
may be.

(5) Whenever there occurs in or about a mine an accident causing loss of life or
serious bodily injury to any person, the place of accident shall not be disturbed or
altered before the arrival or without the consent of the Chief Inspector or the
Inspector to whom notice of the accident is required to be given under sub-section
(1) of section 23, unless such disturbance or alteration is necessary to prevent any
further accident, to remove bodies of the deceased, or to rescue any person from
danger, or unless discontinuance of work at the place of accident would seriously
impede the working of the mine:

Provided that where the Chief Inspector or the said Inspector fails to inspect the
place of accident within seventy-two hours of the time of the accident, work may be
resumed at the place of the accident.

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24. Power of Government to appoint Court of
inquiry in cases of accidents

▪ (1)When any accident of the nature referred to in any of the clauses of

sub-section (1) of section 23 occurs in or about a mine, the Central
Government may, if it is of opinion that a formal inquiry into the causes
of and circumstances attending the accident ought to be held, appoint
a competent person to hold such inquiry and may also appoint one or
more persons possessing legal or special knowledge to act as
assessor or assessors in holding the inquiry.
▪ (4) The person holding an inquiry under this section shall make a
report to the Central Government stating the causes of the accident
and its circumstances, and adding any observations which he or any
of the assessors may think fit to make.

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25. Notice of certain diseases

▪ (1)Where any person employed in mine contracts any disease notified

by the Central Government in the Official Gazette as a disease
connected with mining operations, the owner, agent or manager of the
mine, as the case may be, shall send notice thereof to the Chief
Inspector and to such other authorities, in such form and within such
time as may be prescribed.
▪ (2) If any medical practitioner attends on a person who is or has been
employed in a mine and who is or is believed by the medical
practitioner to be suffering from any disease notified under sub-
section (1), the medical practitioner shall without delay send a report
in writing to the Chief Inspector stating

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(a)the name and address of the patient,
(b) the disease from which the patient is or is believed to be suffering, and
(c) the name and address of the mine in which the patient is or was last
employed.

(3) Where the report under sub-section (2) is confirmed to the satisfaction
of the Chief Inspector by the certificate of a certifying surgeon or
otherwise that the person is suffering from a disease notified under sub-
section (1), the Chief Inspector shall pay to the medical practitioner such
fee as may be prescribed, and the fee so paid shall be recoverable as an
arrear of land revenue from the owner, agent or manager of the mine in
which the person contacted the disease.

(4) If any medical practitioner fails to comply with the provisions of sub-
section (2), he shall be punishable with fine which may extend to fifty rupees

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 CHAPTER VI

HOURS AND LIMITATION OF

EMPLOYMENT

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28.Weekly day of rest: No person shall be allowed to work in a mine on
more than six days in any one week.

29.Compensatory days of rest : (1) Where in pursuance of action under

section 38 or as a result of exempting any mine or the persons employed therein
from the provisions of section 28, any person employed therein is deprived of any
of the weekly days of rest for which provision is made in section 28, he shall be
allowed, within the month in which such days of rest were due to him or within the
two months immediately following that month, compensatory days of rest equal in
number to the days of rest of which he has been deprived.

(2) The Central Government may prescribe the manner in which the days of rest
for which provision is made in sub-section (1) shall be allowed

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 30. Hours of work above ground

▪ (1) No adult employed above ground in a mine shall be required or allowed to work
for more than forty-eight hours in any week or for more than nine hours in any day:
▪ Provided that, subject to the previous approval of the Chief Inspector, the daily
maximum hours specified in this sub-section may be exceeded in order to facilitate
the change of shifts.
▪ (2) The periods of work of any such adult shall be so arranged that, along with his
interval for rest, they shall not in any day spread over more than twelve hours, and
that he shall not work for more than five hours continuously before he has had an
interval for rest of at least half an hour:
▪ Provided that the Chief Inspector may, for reasons to be recorded in writing and
subject to such conditions as he may deem fit to impose, permit the spread-over to
extend over a period not exceeding fourteen hours in any day.

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 31. Hours of work below ground

▪ (1)No adult employed below ground in a mine shall be allowed to work for more
than forty-eight hours in any week or for more than eight hours in any day:
▪ Provided that, subject to the previous approval of the Chief Inspector, the daily
maximum hours specified in this sub-section may be exceeded in order to
facilitate the change of shifts.
▪ (2)No work shall be carried on below ground in any mine except by a system of
shifts so arranged that the period of work for each shift is not spread-over
more than the daily maximum hours stipulated in sub-section (1).
▪ (3)No person employed in a mine shall be allowed to be present in any part of a
mine below ground except during the periods of work shown in respect of him
in the register maintained under sub-section (4) of section 48.

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 32.Night shift
▪ Where a person employed in a mine works on a shift which
extends beyond midnight—
▪ (a) 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;
▪ (b) the following day for him shall be deemed to be the period of
twenty-four hours beginning when such shift ends, and the hours
he has worked after midnight shall be counted in the previous
day.

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 33. Extra wages for overtime

▪ (1)Where in a mine a person works above ground for more than nine
hours in any day, or works below ground for more than eight hours in
any day or works for more than forty-eight hours in any week whether
above ground or below ground, he shall in respect of such overtime
work be entitled to wages at the rate of twice his ordinary rate of
wages, the period of overtime work being calculated on a daily basis
or weekly basis, whichever is more favourable to him; and
▪ (2) Where any person employed in a mine is paid on piece-rate basis,
the time-rate shall be taken as equivalent to the daily average of his
full-time earnings for the days on which he actually worked during the
week immediately preceding the week in which overtime work has
been done, exclusive of any overtime, and such time-rate shall be
deemed to be the ordinary rate of wages of such person:

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34.Prohibition of employment of certain persons.—
No person shall be required or allowed to work in a mine if he has already
been working in any other mine within the preceding twelve hours.

35.Limitation of daily hours of work including overtime

work.—no person employed in a mine shall be required or allowed to
work in the mine for more than ten hours in any day inclusive of overtime.

36.Notices regarding hours of work.—

(1)The manager of every mine shall cause to be posted outside the office
of the mine a notice in the prescribed form stating the time of the
commencement and of the end of work at the mine and, if it is proposed to
work by a system of relays, the time of the commencement and of the end
of work for each relay.

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(2) In the case of a mine at which mining operations commence after the
commencement of this Act, the notice referred to in sub-section (1) shall be posted
not less than seven days before the commencement of work.

(3) The notice referred to in sub-section (1) shall also state the time of the
commencement and of the intervals for rest for persons employed above ground
and a copy thereof shall be sent to the Chief Inspector, if he so requires.

(4) Where it is proposed to make any alteration in the time fixed for the
commencement or for the end of work in the mine generally or for any relay or in the
rest intervals fixed for persons employed above ground, an amended notice in the
prescribed form shall be posted outside the office of the mine not less than seven
days before the change is made, and a copy of such notice shall be sent to the Chief
Inspector not less than seven days before such change.

(5) No person shall be allowed to work in a mine otherwise than in accordance with
the notice required by sub-section (1).

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40. Employment of persons below eighteen
years of age

(1)After the commencement of the Mines (Amendment) Act, 1983 (42 of

1983), no person below eighteen years of age shall be allowed to work in
any mine or part thereof.
(2) Notwithstanding anything contained in sub-section (1), apprentices
and other trainees, not below sixteen years of age, may be allowed to
work, under proper supervision, in a mine or part thereof by the
manager: Provided that in the case of trainees, other than apprentices,
prior approval of the Chief Inspector or an Inspector shall be obtained
before they are allowed to work.

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 46. Employment of women
▪ (1)No woman shall, notwithstanding anything contained in any other law, be
employed—
▪ (a) in any part of a mine which is below ground;
▪ (b) in any mine above ground except between the hours of 6 A.M. and 7 P.M.
▪ (2) Every woman employed in a mine above ground shall be allowed an interval of not
less than eleven hours between the termination of employment on any one day and the
commencement of the next period of employment.
▪ (3) Notwithstanding anything contained in sub-section (1), the Central Government
may, by notification
▪ in the Official Gazette, vary the hours of employment above ground of women in
respect of any mine or class or description of mine, so however that no employment of
any woman between the hours of 10 P.M. and 5 A.M. is permitted thereby.

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 CHAPTER VII

LEAVE WITH WAGES

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50.Leave defined.—
For the purposes of this Chapter, leave shall not include weekly days of rest or
holidays for festivals or other similar occasions whether occurring during or at either
end of the period of leave.
Register of leave with wages:
(1) The owner, agent or manager of every mine shall maintain in respect of every
employee thereof a record of leave with wages in Form G and H;

(2) The register mentioned in sub- rule (1) shall be preserved for a period of two
years after the last entry in them has been made and shall not be destroyed even
after the expiry of that period unless it has been certified by an Inspector that the
leave account therein has been properly transferred to the new registers.

51. Calendar year defined.—

For the purposes of this Chapter, a calendar year shall mean the period of twelve
months beginning with the first day of January in any year.

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 52. Annual leave with wages.—
▪ (1)Every person employed in a mine who has completed a
calendar year’s service therein shall be allowed, during the
subsequent calendar year, leave with wages, calculated,—
▪ (a) in the case of a person employed below ground, at the rate of
one day for every fifteen days of work performed by him, and
▪ (b) in any other case, at the rate of one day for every twenty days
of work performed by him.

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(2) A calendar year’s service referred to in sub-section (1) shall be deemed to
have been completed,—
(a) in the case of a person employed below ground in a mine,if he has during
the calendar year put in not less than one hundred and ninety attendances at
the mine; and
(b) in the case of any other person, if he has during the calendar year put in not
less than two hundred and forty attendances at the mine.

Explanation.—For the purpose of this sub-section—

(a)any days of lay-off by agreement or contract or as permissible under the
standing order;
(b) in the case of a female employee, maternity leave for any number of days not
exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall
be deemed to be the days on which the employee has worked in a mine for
the purpose of computation of the attendances, but he shall not earn leave
for these days.

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(3) A person whose service commences otherwise than on the first day of January shall be
entitled to leave with wages in the subsequent calendar year at the rates specified in sub-section
(1), if—

(a) in the case of a person employed below ground in a mine, he has put in attendances for not
less than one-half of the total number of days during the remainder of the calendar year; and
(b) in any other case, he has put in attendances for not less than two-thirds of the total number of
days during the remainder of the calendar year.

(4) Any leave not taken by a person to which he is entitled in any one calendar year under sub-
section (1) or sub-section (3) shall be added to the leave to be allowed to him under sub-section
(1) during the succeeding calendar year:

Provided that the total number of days of leave which may be accumulated by any such person
shall not at any one time exceed thirty days in all:

Provided further that any such person who 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
unavailed leave without any limit.

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(5) Any such person may apply in writing to the manager of the mine not less
than fifteen days before the day on which he wishes his leave to begin, for all
leave or any portion thereof then allowable to him under sub-sections (1), (3)
and (4):

Provided that the number of times in which leave may be taken during any one
calendar year shall not exceed three.

(6) An application for such leave made in accordance with sub-section (5)
shall not be refused unless the authority empowered to grant the leave is of
opinion that owing to the exigencies of the situation the leave should be
refused.

(7) If a person employed in a mine wants to avail himself of the leave with
wages due to him to cover a period of illness, he shall be granted such leave
even if the application for leave is not made within the time specified in sub-
section (5).

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(8) If the employment of a person employed in a mine is terminated by the owner,
agent or manager of the mine before he has taken the entire leave to which he is
entitled up to the day of termination of his employment, or if such person having
applied for and having not been granted such leave, quits his employment before
he has taken the leave, the owner, agent or manager 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, where the employment of the person is terminated by
the owner, agent or manager, before the expiry of the second working day after
such termination, and where a person himself quits his employment, on or before
the next pay day.

(9) The unavailed leave of a person employed in a mine shall not be taken into
consideration in computing the period of any notice required to be given before
the termination of his employment.

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(10) Where a person employed in a mine is discharged or dismissed from service or
quits his employment or is superannuated or dies while in service, he or his heirs or
his nominee, as the case may be, shall be entitled to wages in lieu of leave due to him
calculated at the rate specified in subsection (1), if,—

(a) in the case of a person employed below ground in a mine, he has put in
attendance for not less than one-half of the total number of days from the date of his
employment to the date of his discharge or dismissal or quitting of employment or
superannuation or death; and

(b) in any other case, he has put in attendance for not less than two-thirds of the total
number of days from the date of his employment to the date of his discharge or
dismissal or quitting of employment or superannuation or death,

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and payment of such wages shall be made by the owner,
agent or manager of the mine at the rate specified in
section53, where the person is discharged or dismissed from
service or quits employment or is superannuated, before the
expiry of the second working day after such discharge,
dismissal, quitting of employment or superannuation, as the
case may be, and where the person employed dies while in
service, within a period of two months of his death.

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 53. Wages during leave period

▪ For the leave allowed to a person employed in a mine under section 52, he shall
be paid at a rate equal to the daily average of his total full-time earnings for the
days on which he was employed during the month immediately preceding his
leave, exclusive of any over-time wages and bonus but inclusive of any dearness
allowance and compensation in cash including such compensation, if any,
accruing through the free issue of food grains and other articles as persons
employed in the mine may, for the time being, be entitled to:
▪ Provided that if no such average earnings 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 month.

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54.Payment in advance in certain cases.—Any person employed in a mine
who has been allowed leave for not less than four days, shall, before his leave
begins, be paid the wages due for the period of the leave allowed.

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

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 WELFARE AMENITIES

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Provision of shelters –
At every mine where more than 50 persons are ordinarily employed, there shall be
provided adequate and suitable shelters at or near loading wharves, opencast
workings, workshops and mine entrances where 25 or more persons are ordinarily
employed for taking food and rest ; Provided that any canteen maintained in
accordance with these rules may be regarded as part of the requirements of this
rule

Provision of Canteens –

(1) At every mine where in more than 250 persons are ordinarily employed, if the
Chief Inspector or an Inspector so requires, there shall be provided and
maintained in or adjacent to the precincts of the mine, a canteen for the use of all
persons employed ; Provided that where the conditions at any mine so require ,the
Chief Inspector or an Inspector may direct that other suitable arrangements
approved by him for serving food, drink and other items to the persons employed
be provided and maintained in addition to the canteen required under this sub-rule
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Canteen Managing Committee –

(1) The owner, agent or the officer in charge canteen shall appoint a Canteen
Managing Committee which shall be consulted from time to time, but not less
than once a month, as to the management and working of the canteen .

(2) (a) The Committee Shall consist of an equal number of members nominated by
the owner, agent ‘or 2 [officer in-charge canteen] and elected by the persons
employed in the mine. The number of elected members shall be on a scale of
one for every 1000 persons employed, provided that the number shall not be
more than 5 or less than 2.

(b) The term of office of the elected members shall be two years commencing
from the date of the last election, no account being taken of a bye-election

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Welfare Officer –
(1) For every mine wherein 500 or more persons are 3 ordinarily employed] the owner, agent
or manager shall appoint a suitably qualified person as Welfare Officer, and where the
number of persons so employed in a mine exceeds 2500 ,such Welfare Officer shall be
assisted by one suitably qualified additional Welfare Officer for every additional 2000 persons
or part thereof employed.

(2) No person shall act as a Welfare Officer of a mine unless he possesses –

(a) a university degree ;

(b) a degree or diploma in social science, or social work or labour welfare recognised by the
Government for the purpose of this rule, and preferably practical experience of handling
labour problems in any industrial undertaking for at least three years; and

(c) a knowledge of the language of the district in which the mine is situated or the language
understood by the majority of persons employed in the mine; Provided that in case of a
person already in service as a Welfare Officer in a mine, the above qualifications may, with
the approval of the Chief Inspector, be relaxed.
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 CHAPTER VIII

REGULATIONS, RULES AND BYE-

LAWS

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 57. Power of Central Government to make
regulations

▪ The Central Government may, by notification in the Official Gazette, make

regulations consistent with this Act for all or any of the following purposes,
namely:—
▪ (a) for prescribing the qualifications required for appointment as Chief Inspector
or Inspector;
▪ (b) for prescribing and regulating the duties and powers of the Chief Inspector
and of Inspectors in regard to the inspection of mines under this Act;
▪ (c) for prescribing the duties of owners, agents and managers of mines and of
persons acting under them, and for prescribing the qualifications (including age)
of agents and managers] of mines and of persons acting under them;

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(d) for requiring facilities to be provided for enabling managers of mines and
other persons acting under them to efficiently discharge their duties;

(e) for regulating the manner of ascertaining, by examination or otherwise, the

qualifications of managers of mines and persons acting under them, and the
granting and renewal of certificates of competency;

(f) for fixing the fees, if any, to be paid in respect of such examinations and of
the grant and renewal of such certificates;

(g) for determining the circumstances in which and the conditions subject to
which it shall be lawful for more mines than one to be under a single manager,
or for any mine or mines to be under a manager not having the prescribed
qualifications ;

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 58.Power of Central Government to make rules

▪ The Central Government may, by notification in the Official Gazette, make rules
consistent with this Act for all or any of the following purposes, namely:—
▪ (a) for providing the term of office and other conditions of service of, and the
manner of filling vacancies among, the members of a Committee and for
regulating the procedure to be followed by a committee for transacting its
business;
▪ (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, and for

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the recovery of the expenses of such Courts including any other expenses connected with the
inquiry 2 [in the same manner as an arrear of land revenue from the manager, owner or agent of
the mine concerned;

(cc) for providing for inspection of mines to be carried out on behalf of the persons employed
therein by a technical expert (not less than an overman in status), the facilities therefor, the
frequency at which and the manner in which such inspections are to be carried out and the
manner in which reports of such inspections are to be made:]

(d) for requiring the maintenance in mines wherein any women are employed or were employed
on any day of the preceding twelve months of suitable rooms to be reserved for the use of
children under the age of six years belonging to such women, and for prescribing, either
generally or with particular reference to the number of women employed in the mine the number
and standards of such rooms, and the nature and extent of the amenities to be provided and the
supervision to be exercised therein;

(e) for requiring the maintenance at or near pit-heads of bathing places equipped with shower
baths and of locker-rooms for the use of men employed in mines and of similar and separate
places and rooms for the use of women in mines where women are employed, and for
prescribing, either generally or with particular reference to the numbers of men and women
ordinarily employed in a mine, the number and standards of such places and rooms;
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 61. Bye-laws
▪ (1)The owner, agent or manager of a mine may, and shall, if called upon to do
so by the Chief Inspector or Inspector, frame and submit to the Chief
Inspector or Inspector a draft of such bylaws, not being inconsistent with this
Act or any regulations or rules for the time being in force, governing the use of
any particular machinery or the adoption of a particular method of working in
the mine as such owner, agent or manager may deem necessary to prevent
accidents and provide for the safety, convenience and discipline of the
persons employed in the mine.

▪ (2) If any such owner, agent or manager— (a) fails to submit within two
months a draft of bye-laws after being called upon to do so by the Chief
Inspector or Inspector, or

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(b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or
Inspector sufficient, the Chief Inspector or Inspector may—

(i) propose a draft of such bye-laws as appear to him to be sufficient, or

(ii) propose such amendments in any draft submitted to him by the owner, agent or
manager as will, in his opinion, render it sufficient, and shall send such draft bye-
laws or draft amendments to the owner, agent or manager as the case may be, for
consideration.

(3) If within a period of two months from the date on which any draft bye-laws or draft
amendments are sent by the Chief Inspector or Inspector to the owner, agent or
manager under the provisions of sub-section (2), the Chief Inspector or Inspector and
the owner, agent or manager are unable to agree as to the terms of the bye-laws to be
made under sub-section (1), the Chief Inspector or Inspector shall refer the draft bye-
laws for settlement to the Committee constituted under subsection (1) of section 12

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(4) (a) When such draft bye-laws have been agreed to by the owner, agent or
manager and the Chief Inspector or Inspector, or, when they are unable to agree,
have been settled by the Committee constituted under sub-section (1) of section
12] a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector 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, whether with or
without modifications, there shall be published, in such manner as the Central
Government may think best adapted for informing the persons affected, notice of
the proposal to make the bye-laws and of the place where copies of the draft bye-
laws may be obtained, and of the time (which shall not be less than thirty days)
within which any objections with reference to the draft by-laws, made by or on
behalf of persons affected should be sent to the Central Government

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 CHAPTER IX

PENALTIES AND
PROCEDURE

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63.Obstruction.—
(1)Whoever obstructs the Chief Inspector, an Inspector, or any person
authorised under section 8 in the discharge of his dutiesunder this Act, or
refuses or wilfully neglects to afford the Chief Inspector, Inspector or such
person any reasonable facility for making any entry, inspection, examination or
inquiry authorised by or under this Act in relation to any mine, shall be
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.

(2) Whoever refuses to produce on the demand of the Chief Inspector or

Inspector any registers or other documents kept in pursuance of this Act, or
prevents or attempts to prevent or does anything which he has reason to
believe to be likely to prevent any person from appearing before or being
examined by an inspecting officer acting in pursuance of his duties under this
Act, shall be punishable with fine which may extend to three hundred rupees.

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64. Falsification of records, etc.—
Whoever—
(a) counterfeits, or 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 counterfeit or false certificate, or

(c) makes or produces or uses any false declaration, statement or evidence knowing the same
to be false, for the purpose of obtaining for himself or for any other person a certificate, or
the renewal of a certificate, under this Act, or any employment in a mine, or

(d) falsifies any plan, section, register or record, the maintenance of which is required by or
under this Act or produces before any authority such false plan, section, register or record,
knowing the same to be false, 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 or belief true, shall be punishable
with imprisonment for a term which may extend to three months, or with fine which may
extend to 2 [one thousand rupees, or with both.

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65.Use of false certificates of fitness.—Whoever knowingly uses or attempts to use
as a certificate of fitness granted to himself under 3 section 43 a certificate granted to
another person under that section, or, having been granted a certificate of fitness to
himself under that section, knowingly allows it to be used, or allows an attempt to use it
to be made by another person, shall be punishable with imprisonment for a term which
may extend to one month, or with fine which may extend to 4 [two hundred] rupees, or
with both.

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

67.Contravention of provisions regarding employment of labour.—Whoever, save

as permitted by section 38, contravenes any provision of this Act or of any regulation,
rule or bye-law or of any order made thereunder prohibiting, restricting or regulating the
employment or presence of persons in or about a mine shall be punishable with
imprisonment for a term which may extend to three months, or with fine which may
extend to one thousand rupees, or with both
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68. Penalty for employment of persons below eighteen years of age.—If a person
below eighteen years of age is employed in a mine in contravention of section 40,
the owner, agent or manager of such mine shall be punishable with fine which
may extend to five hundred rupees.

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 three months, or with fine which may extend to two
thousand and five hundred rupees, or with both

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70. Notice of accidents.—

1)Whoever in contravention of the provision of sub-section (1)of section 23 fails

to give notice of any accidental occurrence or to post a copy of the notice on
the special notice board referred to in that sub-section and to keep it therefor
the period specified shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to five hundred
rupees, or with both.

(2)Whoever in contravention of a direction made by the Central Government

under sub-section (3) of section 23 fails to record in the prescribed register or
to give notice of any accidental occurrence shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.

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71.Owner, etc., to report to Chief Inspector in certain cases.—

Where the owner, agent or manager of a mine, as the case may be, has taken
proceedings under this Act against any person employed in or about a mine in
respect of an offence under this Act, he shall within twenty-one days from the
date of the judgment or order of the court report the result thereof to the Chief
Inspector.

72A.Special Provision for contravention of certain regulations.—

Whoever contravenes any provision of any regulation or of any bye-law or of, any
order made thereunder, relating to matters specified in clauses (d), (i), (m), (n),
(o), (p), (r), (s) and (u) of section 57 shall be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both.

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72B. Special provision for contravention of orders under section 22.—
Whoever continues to work a mine in contravention of any order issued under sub-
section (lA), sub-section (2) or subsection (3)of section 22 or under section (2) of
section 22A] shall be punishable with imprisonment for a term which may extend two
years, and shall also be liable to fine which may extend to five thousand rupees:

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 shall not be less than two
thousand rupees

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72C. Special provision for contravention of law with dangerous results.—
(1)Whoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any
order made thereunder [other than an order made under sub-section (lA) or sub-section (2) or sub-
section (3) of section 22 or under sub-section (2)of section 22A, shall be punishable—

(a) if such contravention results in loss of life, with imprisonment which may extend to two years, or
with fine which may extend to five thousand rupees, or with both; or

(b) if such contravention results in serious bodily injury, with imprisonment which may extend to one
year, or with fine which may extend to three thousand rupees, or with both; or

(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 three months, or with
fine which may extend to one thousand 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 three thousand rupees.

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