ABOUT THE ORGANIZATION

1. Organization and Function

1.1 Particulars of organization, functions and duties [Section 4(1)(b)(i)]

(i) Name and address DIRECTORATE GENERAOL OF MINES SAFETY,

of the Organization : HIRAPUR, DHANBAD, JHARKHAND- 826001.

(ii) Head of the Shri. Prabhat Kumar,

Organization: Director General.

(iii) (a) VISION:

To attain risk and hazard free conditions of work and welfare of persons employed in mines.

(b) MISSION:
To identify and reduce risk of accidents and diseases in and around the mine through:-

➢ Development of suitable legislation, rules, regulations, standards and guidelines;

➢ Adequate measures to ensure compliance and

➢ Awareness initiatives to inculcate safety and health culture amongst work-persons and
stakeholders.
 FUNCTION & DUTIES
(iv) FUNCTION AND DUTIES:

➢ Inspections of Mines and Investigation into Accidents, Dangerous Occurrences and Complaints

➢ Granting of Permissions, Exemptions, Relaxations, Approvals under different Regulation & Rules framed under
the Mines Act,1952

➢ Development of Standards and updating Safety Legislation

➢ Conduct of Statutory Examinations and Grant of Certificates

➢ Safety Promotional Initiatives:

✓ Organization of –

▪ Conference on Safety in Mines

▪ National Safety Awards
▪ Safety Weeks & Campaigns

✓ Promoting Safety education and awareness programmes, Workers’ participation in safety management
through
▪ workmen’s inspector,
▪ safety committee &
▪ tripartite reviews
 ORGANIZATION CHART
(V) ORGANIZATION CHART
Director General of Mines Safety(DG), HQ, Dhanbad, Jharkhand

DDG, SCZ,
DDG, SEZ, DDG, WZ, DDG, CZ, DDG, NZ, DDG, NWZ, DDG, SZ,
DDG, EZ, Bengaluru Hyderabad
Ranchi Nagpur Dhanbad
Sitarampur
Ghaziabad Udaipur

Dhanbad Ghaziabad
Ranchi Nagpur Sitarampur
Region-1 Region
Region Region-1 Region-1 Udaipur Region Hyderabad
Dhanbad Bengaluru
Bhubaneshw Nagpur Sitarampur Gwalior Region Region-1
ar Region Region-2
Region-2 Ahmedabad
Region-2 Region Region Hyderabad
Dhanbad Chennai
Chaibasa Bilaspur Sitarampur Ajmer Region-2
Region-3 Surat Region Region
Region Region Region-3
Koderma Region Goa Region
Raigarh Jabalpur Guwahati
Bellary Region
Region Varanasi
Region Region Region
Region

DDG, Elect. Nellore Sub-

DDG. HQ, DDG, Mech.
Dhanbad Dhanbad Region
Parasia Sub-Region Dhanbad
Ramgarh
Sub-Region ADMIN
S&T
SOMA
CMC
DMRS
MSE
EXAM
SURVEY
OH
B&A
LAW
STASTISTICS
OFFICIAL
7/16/2021 LANGUAGE 3
 ANY OTHER DETAILS
(vi) Any other details - : For administering the provisions of the Indian Mines Act, 1901, the
Government of India set up a "Bureau of Mines Inspection" on the
7th January 1902 with headquarters at Calcutta. The name of the
organisation was changed to Department of Mines in 1904 and its
headquarters shifted to Dhanbad in 1908. On 01.01.1960, the
organisation was renamed as "Office of the Chief Inspector of Mines".
Since 01.05.1967, the office has been re-designated as Directorate
General of Mines Safety (DGMS in short).

Under the Constitution of India, safety, health and welfare of workers

employed in mines are the concern of the Central Government (Entry
55-Union List-Article 246). The objective is regulated by the Mines
Act, 1952 and the Rules and Regulations framed thereunder. These
are administered by the Directorate General of Mines Safety (DGMS),
under the Union Ministry of Labour & Employment. Apart from
administering the Mines Act and the subordinate legislation there
under, DGMS also administers some other allied legislation, including
the Indian Electricity Act
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
Act, Rules, Regulations and Circulars
• Mines Act 1952

• CMR 2017

• MMR 1961/2019

• MR 1955

• MRR 1985

• MVT 1966

• IE 1956/CEAR 2010

• The Mines Creche Rules 1966

• Circulars of DGMS
 The Mines Act 1952
• Chapter I: Preliminary
• Chapter II: Inspectors and Certifying Surgeon
• Chapter III: Committees
• Chapter IV: Mining operations and Management of mines
• Chapter V: Provision as to Health and Safety
• Chapter VI: Hours and Limitation of employment
• Chapter VII: Leave with wages
• Chapter IX: Penalties
• Chapter X: Miscellaneous
The Mines Act 1952
 Chapter I: Prelimenary
• 1. Short title, extent and commencement

• 2. Definitions

• 3. Act not to apply in certain cases

• 4. References to time of day

 Sec 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)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.
 Sec 2: Definitions

(a) “adult”

(b) “agent”

(c) “Chief Inspector”

(d) “Committee”

(e) “day”

(f) “district magistrate”

 Sec 2: Definitions
(1) In this Act, unless the context otherwise requires :

(a) omitted

(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:

(d) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act;

(e) “Committee” means a committee constituted under section 12:

(f) “day” means a period of twenty-four hours beginning at mid-night;

(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.

• A person is said to be “employed
• (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 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) in operating, servicing, maintaining or repairing any part or 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;
• Mine
• (i) “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, where in the course of being sunk or not:

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

• (iv) all opencast 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 workshop and store situated within the precincts of a mine and 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 converter 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 and 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 or which any process ancillary to the getting, dressing or
operation for sale of minerals or of coke is being carried on;
• (jj) “minerals”

• (k) “office of the mine”

• (kk) “Open cast working

• (l) “owner”
• (jj) “minerals” means all substances which can be obtained from the earth by mining, digging, drilling, dredging,

hydraulicking, quarrying, or by any other operation and includes mineral oils (which in turn include natural gas and

petroleum)

• (k) “office of the mine” means any office at the surface of the mine concerned;

• (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 liquidator or

receiver, such liquidator or receiver but does not include a person who merely receives a royalty rent or fine from 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 (any contractor or sublessee 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”

• (n) “qualified medical practitioner”

• (o) “regulations” “rules” and “bye-laws”

• (p) “relay” (and each of such periods is called a “shift”,)

• (m) “Prescribed” means prescribed by rules, regulation or byelaws, as the case may ;

• (n) “qualified medical practitioner” means a medical practitioner who possesses any recognised medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1959 and who is enrolled on a
state medical register as defined in clause (k) of that section.

• (o) “regulations” “rules” and “bye-laws” means respectively regulations, rules and byelaws 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” (and each of such periods is called a “shift”,)
• (pp)”reportable injury”

• (q) “serious bodily injury”

• (r) “week”
• (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 persons from work for a period of seventy-
two hours or more.

• (q) “serious bodily injury” means any injury which involves; or in 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.
 Section 2(2)

• (2) A person working or employed or employed in or in connection with a mine is said to be

working or employed –

• (a) “below ground” if 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 open cast working or any other manner not specified
in clause (a)
 Section 3
• (1) Act not apply in certain cases – The provisions of this Act, except those contained in 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

• (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, earthy fullers earth, marl chalk and limestone.

• Provided that – (i) the working 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.
• (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 mine or part thereof or ground 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
subsection (1), shall apply to any such mine or part thereof or group of 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 provision 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 get out in sub-section (1), shall become immediately applicable, and it shall be
the duty 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.
• 7. Powers of Inspectors of Mines.

• 8. Powers of special officer to enter, measure, etc.

• 9. Facilities to be afforded to Inspectors.

• 40. Employment of persons below eighteen years of age.

• 45. Prohibition of the presence of persons below eighteen years of age in a mine

• 46. Employment of women.

 Section 4
• (4) Reference to time of day – In this Act, reference to time of day are reference to Indian standard
time, being five and a half hours ahead of Green which mean time:

• Provided that, for any area in 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

• (c) permitting such time to be observed in all or any of the mines situated in the area.
Thank You
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
• (jj) “minerals”

• (k) “office of the mine”

• (kk) “Open cast working

• (l) “owner”
• (jj) “minerals” means all substances which can be obtained from the earth by mining, digging, drilling, dredging,

hydraulicking, quarrying, or by any other operation and includes mineral oils (which in turn include natural gas and

petroleum)

• (k) “office of the mine” means any office at the surface of the mine concerned;

• (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 liquidator or

receiver, such liquidator or receiver but does not include a person who merely receives a royalty rent or fine from 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 (any contractor or sublessee 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”

• (n) “qualified medical practitioner”

• (o) “regulations” “rules” and “bye-laws”

• (p) “relay” (and each of such periods is called a “shift”,)

• (m) “Prescribed” means prescribed by rules, regulation or byelaws, as the case may ;

• (n) “qualified medical practitioner” means a medical practitioner who possesses any recognised medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1959 and who is enrolled on a
state medical register as defined in clause (k) of that section.

• (o) “regulations” “rules” and “bye-laws” means respectively regulations, rules and byelaws 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” (and each of such periods is called a “shift”,)
• (pp)”reportable injury”

• (q) “serious bodily injury”

• (r) “week”
• (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 persons from work for a period of seventy-
two hours or more.

• (q) “serious bodily injury” means any injury which involves; or in 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.
 Section 2(2)

• (2) A person working or employed or employed in or in connection with a mine is said to be

working or employed –

• (a) “below ground” if 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 open cast working or any other manner not specified
in clause (a)
 Section 3
• (1) Act not apply in certain cases – The provisions of this Act, except those contained in 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

• (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, earthy fullers earth, marl chalk and limestone.

• Provided that – (i) the working 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.
• (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 mine or part thereof or ground 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
subsection (1), shall apply to any such mine or part thereof or group of 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 provision 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 get out in sub-section (1), shall become immediately applicable, and it shall be
the duty 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.
• 7. Powers of Inspectors of Mines.

• 8. Powers of special officer to enter, measure, etc.

• 9. Facilities to be afforded to Inspectors.

• 40. Employment of persons below eighteen years of age.

• 45. Prohibition of the presence of persons below eighteen years of age in a mine

• 46. Employment of women.

 Section 4
• (4) Reference to time of day – In this Act, reference to time of day are reference to Indian standard
time, being five and a half hours ahead of Green which mean time:

• Provided that, for any area in 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

• (c) permitting such time to be observed in all or any of the mines situated in the area.
Thank You
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
Chapter – II: Inspectors and Certifying Surgeons

• 5: Chief Inspectors and Inspectors

• 6: Functions of Inspectors

• 7: Powers of Inspectors of Mines

• 8: Powers of Special Officers to enter, measure, etc.

• 9. Facilities to be provided to Inspectors

• 10. Secrecy of Information's obtained

• 11. Certifying Surgeons

 Section 5
• (1) Chief Inspector and Inspector - 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: Provided that nothing in this sub-section shall be deemed to empower a District

Magistrate to exercise any of the Powers conferred by section 22 or section 22A or section 61.

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

Code.
 Section 6
• (a) Functions of inspectors - 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.

• (3) Subject to the other provisions contained in this section, the Chief Inspector shall declare the local area or areas
within which or the group or class of mines with respect to which Inspector shall exercise their respective powers.
 Section 7
• (1) Powers of Inspectors of Mines – The Chief Inspector and any Inspector may – (a)make such examination and inquiry as he
thinks fit, in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders
made there under are observed in the case of any mine;

• (b) with such assistants, if any, as he thinks fit, inspect and examine any mine or any part thereof at any time by day or night:
Provided that the power conferred by this clause shall not be exercise in such a manner as unreasonably to impede or
obstruct the working of mine.

• (c) examine into, and make inquiry respecting, the state and condition of any mine, or any part thereof, the ventilation of the
mine, the sufficiency of the bye-laws for the time being in force relating to the mine and all matters and things connected
with or relating to the health, safety and welfare of the persons employed in the mine, and take whether on the precincts of
the mine or elsewhere statements of any person which he may consider necessary for carrying out the purpose of this Act;
 Section 7
• (d) exercise such other powers as may be prescribed by regulation made by the Central Government in this behalf.
Provided that no person shall be compelled under this sub-section to answer any question or make any statement
tending to incriminate himself,

• (2) The Chief Inspector and any Inspector may, if he has reason to believe as a result of any inspection examination or
inquiry under this section, that an offence under this Act has been or is being committed, search any place and take
possession of any material or any plane section register other records appertaining to the mine and the provisions of
the Code of Criminal Procedure 1973 shall, so far as may be applicable, applied to any search or seizure made under this
Act as to apply to any search or seizure made under the authority of a warrant issued under section 94 of the code.
 Section 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.
 Section 9
• Facilities to be afforded to Inspectors: Every owner, agent and manager of a mine shall afford the Chief
Inspector and every Inspector and every person authorised under section 8 all reasonable facilities for
making any entry, inspection, survey, measurement, examination or inquiry under this Act.
 Section 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.

• (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.
• (4) Any person who, on examination under sub-section (2), 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.

• (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.

• (6) The rates under the provisos to sub-section (5) shall be determined having regard to the monthly wages of the
employees, the nature of disabilities and other related factors.]
 Explanation: ordinary rate of wages
• 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.
 Section 10
• Secrecy of information obtained.—(1) All copies of, and extracts from, registers or other records appertaining to any mine

and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the

inspection 1[or survey] of any mine under this Act or acquired by any person authorised under section 8 1 [or section 9A] in

the exercise of his duties thereunder, shall be regarded as confidential and shall not be disclosed to any person or authority

unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the health, safety or welfare of any

person employed in the mine or in any other mine adjacent thereto.

• 2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so required) to—
• (a) any Court;
• [(b) a Committee or court of inquiry constituted or appointed under section 12 or section 24 as the case may be;]
• (c) an official superior or the owner, agent or manager of the mine concerned;
• (d) a Commissioner for workmen’s compensation appointed under the Workmen's Compensation Act, 1923 (8 of 1923);
• (e) the Controller, Indian Bureau of Mines;
• (f) any registered or recognised trade union;

• (g)such other officer, authority or organisation as may be specified in this behalf by the Central
Government.

• (3) If the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses,
contrary to the provisions of this section, any such information as aforesaid without the consent of the
Central Government, he shall be punishable with imprisonment for a term which may extend to one
year, or with fine, or with both.

• (4) No court shall proceed to the trial of any offence under this section except with the previous
sanction of the Central Government.
 Section 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.

• (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;
 Chapter III : Committees

• 12. Committees

• 13. Functions of the committee

• 14. Powers, etc., of the committees

• 15. Recovery of expenses

 Section 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.
• (2) Without prejudice to the generality of sub-section (1), the Central Government may constitute one or
more Committees to deal with specific matters relating to any part of the territories to which this Act
extends or to a mine or a group of mines and may appoint members thereof and the provisions of sub-
section (1) (except the proviso thereto) shall apply for the constitution of any Committee under this sub-
section as they apply for the constitution of a Committee under that sub-section.

• (3) No act or proceeding of a Committee shall be invalid by reason only of the existence of any vacancy
among its members or any defect in the constitution thereof.
 Section 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.

 Section 14
• Powers, etc., of the committees.—(1)A Committee constituted under section 12 may exercise such of
the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the
purposes of discharging its functions under this Act.

• (2) A Committee constituted under section 12 shall, for the purposes of discharging its functions, have
the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) when
trying a suit in respect of the following matters, namely:

• (a) discovery and inspection;

• (b) enforcing the attendance of any person and examining him on oath;

• (c) compelling the production of documents; and

• (d) such other matters as may be prescribed.

 Section 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.
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
Chapter IV: Mining Operations and Management
of Mines

• 16. Notice to be given of mining operations

• 17. Managers

• 18. Duties and responsibilities of owners, agents and managers

 Section 16
• Notice to be given of mining operations:

• (1) The owner, agent or manager of a mine shall, before the commencement of any mining operation, give to
the Chief Inspector, the [Controller], Indian Bureau of Mines and the district magistrate of the district in
which the mine is situated, notice in writing in such form and containing such particulars relating to the mine
as may be prescribed.

• (2) Any notice given under sub-section (1) shall be so given as to reach the persons concerned at least one
month before the commencement of any mining operation.
 Section 17
• Managers: (1) Save as may be otherwise prescribed, every mine shall be under a sole manager who shall have the
prescribed qualification and the owner or agent of every mine shall appoint a person having such qualification to be the
manager:

Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications.

• (2) Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be
responsible for the overall management, control, supervision and direction of the mine and all such instructions when
given by the owner or agent shall be confirmed in writing forthwith.

• (3)Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than
through the manager, instructions affecting the fulfilment of his statutory duties, to a person, employed in a mine, who is
responsible to the manager.
 Section 18
• Duties and responsibilities of owners, agents and managers.—(1) The owner and agent of every mine shall each be
responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance
with the provisions of this Act and the regulations, rules, bye-laws and orders made thereunder.

• (2)The responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 shall be
exclusively carried out by the owner and agent of the mine and by such person (other than the manager) whom the owner
or agent may appoint for securing compliance with the aforesaid provisions.

• (3) If the carrying out of any instructions given under sub-section (2) or given otherwise than through the manager under
sub-section (3) of section 17, results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws
or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provisions
concerned.

• (4) Subject to the provisions of sub-sections (1), (2) and (3), the owner, agent and manager of every mine shall each be
responsible to see that all operations carried on in connection with the mine are conducted in accordance with the
provisions of this Act and of the regulations, rules, bye-laws and orders made thereunder.
• (5) In the event of any contravention by any person whosoever of any of the provisions of this Act or of the regulations,
rules, bye-laws or orders made thereunder except those which specifically require any person to do any act or thing or
prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall
also be deemed to be guilty of such contravention unless he proves that he had used due diligence to secure compliance
with the provisions and had taken reasonable means to prevent such contravention:—

• (i)the official or officials appointed to perform duties of supervision in respect of the provisions contravened;

• ii)the manager of the mine;

• (iii)the owner and agent of the mine;

• (iv) the person appointed, if any, to carry out the responsibility under sub-section (2):

• Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investigation, that he
is not prima facie liable.

• (6) It shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the
manager and other officials have been appointed in accordance with the provisions of this Act or that a person to carry the
responsibility under sub-section (2) has been appointed.]
 58.Power of Central Government to make rules
• (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;

• (p) for requiring the provision and maintenance in any mine specified in this behalf by the Chief Inspector or
Inspector, wherein more than two hundred and fifty persons are ordinarily employed, of a canteen or canteens for
the use of such persons;
 Chapter V: Provisions as to Health and Safety
• 19. Drinking Water

• 20. Conservancy.

• 21. Medical appliances

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

• 22A. Power to prohibit employment in certain cases

• 23. Notice to be given of accidents.

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

• 25. Notice of certain diseases.

• 26. Power to direct investigation of causes of disease

• 27. Publication of reports.

 Section 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] of any washing place urinal or latrine unless

a shorter distance is approved in writing by the Chief Inspector.

• (3) In respect of all mines or any class or description of mines, the Central Government may make rules for securing

compliance with the provisions of sub-sections (1) and (2) and for the examination by prescribed authorities of the

supply and distribution of drinking water.

 Section 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.

• (2)All latrines and urinals provided under sub-section (1) shall be adequately lighted, ventilated and at all times maintained
in a clean and sanitary condition.

• (3)The Central Government may specify the number of latrines and urinals to be provided in any mine, in proportion to the
number of males and females employed in the mine and provide for such other matters in respect of sanitation in mines
(including the obligations in this regard of persons employed in the mine) as it may consider necessary in the interests of
the health of the persons so employed.
 Section 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.

• (4)In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the
conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill.

• (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.
 Section 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.

• (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.
• (2)Without prejudice to the provisions contained in sub-section (1), the Chief Inspector or the Inspector, as the case may be,
may, by order in writing addressed to the owner, agent or manager of a mine, prohibit the extraction or reduction of pillars or
blocks of minerals in any mine or part thereof, if, in his opinion, such operation is likely to cause the crushing of pillars or
blocks of minerals or the premature collapse of any part of the workings or otherwise endanger the mine or the life or safety
of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been
made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for
restricting the area that might be affected by fire or flooding.

• (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, [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.

• [(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
• (5)The Chief Inspector or the Inspector sending a notice under sub-section (1) or making an order under sub-section (lA),
sub-section (2) or sub-section (3) and the Chief Inspector making an order (other than an order of cancellation in appeal)
under sub-section (4) shall forthwith report the same to the Central Government.

• (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 1[which
shall, ordinarily within a period of two months from the date of receipt of the objection, refer] the same to a Committee.

• (7)Every notice under sub-section (1), or order under sub-section (lA), sub-section (2), sub-section (3) or sub-section (4), to
which objection is made under sub-section (6), shall be complied with, pending the receipt at the mine of the decision of the
Committee:

• Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a [notice]
under sub-section (1), pending its decision on the objection.

• (8)Nothing in this section shall affect the powers of a magistrate under section 144 of the [Code of Criminal Procedure, 1898
(5 of 1898).]
 Section 22A
• Power to prohibit employment in certain cases.

• (1)Where in respect of any matter relating to safety for which express provision is made by or under this Act, the owner,
agent or manager of a mine fails to comply with such provisions, the Chief Inspector may give notice in writing requiring
the same to be complied with within such time as he may specify in the notice or within such extended period of time as
he may, from time to time, specify thereafter.

• (2) Where the owner, agent or manager fails to comply with the terms of a notice given under subsection (1) within the
period specified in such notice or, as the case may be, within the extended period of time specified under that sub-
section, the Chief Inspector 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) Every person whose employment is prohibited under sub-section (2), 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
under sub-section (2).

• (4) The provisions of sub-sections (5), (6) and (7) of section 22 shall apply in relation to a notice issued under sub-
section (1) or an order made under sub-section (2) of this section as they apply in relation to a notice under sub-
section (1) or an order under sub-section (lA) of that section.]
 Section 23
• Notice to be given of accidents.—1[(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, 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.

• 3[(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.]

• (4) A copy of the entries in the register referred to in sub-section (3) shall be sent by the owner, agent, or manager of the
mine, [on or before the 20th day of January in the year following that to which the entries relate], to the Chief Inspector.

• (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.]
 Section 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.]

• (2) The person appointed to hold any such inquiry shall have all the powers of a civil court under the Code of Civil
Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of
documents and material objects 2* * *.

• (3) Any person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he
may think it necessary or expedient to exercise for the purposes of 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.
 Section 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—

(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.
 Section 26
Power to direct investigation of causes of disease.

• (1)The Central Government may, if it considers it expedient to do so, appoint a competent person to inquire into and
report to it on any case where a disease notified under sub-section (1) of section 25 has been or is suspected to have
been contacted in a mine, and may also appoint one or more persons possessing legal or special knowledge to act as
assessors in such inquiry.

• (2) The provisions of sub-sections (2) and (3) of section 24 shall apply to an inquiry under this section in the same
manner as they apply to any inquiry under that section
 Section 27
• Publication of reports.

• The Central Government may cause any report submitted by a Committee under [section 12] or any report of extracts
from any report submitted to it under section 26, and shall cause every report submitted by a Court of inquiry under
section 24 to be published at such time and in such manner as it may think fit.
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
 MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 27th November, 2017 .
• G.S.R. 1449(E).—Whereas the draft of certain regulations which the Central Government
proposes to make, in exercise of the powers conferred by section 57 of the Mines Act, 1952
(35 of 1952) and on the recommendations of the Committee constituted under section 12 of
the said Act, were published in the Gazette of India, Extraordinary, Part II, section 3, sub-
section (i), vide number G.S.R. 773 (E), dated the 20th October, 2011, as required by sub-
section (1) of section 59 of the said Act, inviting objections and suggestions from all persons
likely to be affected thereby on or before the expiry of a period of three months from the date
of publication of the said notification in the Official Gazette;

• And whereas the objections and suggestions received on the said draft have been considered
by the Central Government;

• Now, therefore, in exercise of the powers conferred by section 57 of the said Act and in
supersession of the Coal Mines Regulations, 1957, the Central Government hereby makes the
following regulations, namely:-
Reg. 1: Short title, commencement, application and
extent.
(1) These regulations may be called the Coal Mines Regulations, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) They shall apply to every coal mine.

(4) They shall extend to the whole of India.

 Reg.2: (1)Definitions
• In these regulations, unless the context otherwise requires, -

(a) “abandoned working” means such working as have been abandoned with no intention of workingin future;

(b) “Abandoned Mine Methane (AMM)” means a natural gas recovered from abandoned coal minesor part
thereof;

(c) “Act” means the Mines Act, 1952 (35 of 1952);

(d) “approved safety lamp” and “approved electric torch” mean respectively, a safety lamp or an electric torch,
manufactured by such firm and of such type as the Chief Inspector may, from time to time, specify by a general or
special order;

(e) “assistant manager” means a person possessing a Manager’s Certificate appointed in writing by the owner,
agent or manager to assist the manager in the management, control, supervision and direction of the mine or part
thereof, and who holds the rank immediately below the manager and superior to an overman and a sirdar;
 Reg.2
(f) “auxiliary fan” means a forcing fan or an exhausting fan used belowground wholly or mainly for ventilating one or more

faces forming part of a ventilating district;

(g) “average output” of any mine, means the average output per month during the preceding financial year of the total

output from all workings within the specified mine boundaries;

(h) “banksman” means a person appointed to superintend the lowering and raising of persons, tools and materials and to

transmit signals at the top of a shaft or incline;

(i) “booster fan” means a mechanical ventilator used belowground for boosting the whole current of air passing along the

intake or return airway of a mine or ventilating district;

(j) “coal” includes anthracite, bituminous coal, lignite, peat and any other form of carbonaceous matter sold or marketed

as coal;

(k) “Coal Mine Methane (CMM)” means a natural gas recovered from a coal mine or part thereof;
 Reg.2
(l) “Committee” means a committee appointed under section 12 of the Act;

(m) “competent person” in relation to any work or any machinery, plant or equipment means a person who has attained the
age of twenty years and who has been duly appointed in writing by the manager as a person competent to supervise or
perform that work, or to supervise the operation of that machinery, plant or equipment, and who is responsible for the
duties assigned to him, and includes a shot firer;

(n) “contractor” means an individual, association of individuals, company, firm, local authority or local body who provides
for the services or operations in a mine on contract basis, and includes a sub-contractor;

(o) “deep-hole drilling and blasting” means drill holes more than three meters in depth and used for blasting in an opencast
mining operation;

(p) “designer” means an individual, association of individuals, company or institution who designs a coal mining system,
method of coal mining, machinery, plant, equipment, appliance or substances for use in coal mines;

(q) “discontinued working” means such working in a mine as have been discontinued for any reason and are inaccessible or
rendered inaccessible but are likely to be worked again;
 Reg.2
(r) “District Magistrate” in relation to any mine, means the District Magistrate or the Deputy Commissioner, as the case
may be, who is vested with the executive powers of maintaining law and order in the revenue district in which the mine
is situated:

Provided that in the case of a mine, which is situated partly in one district and partly in another, the District Magistrate
for the purpose of these regulations shall be the District Magistrate authorised in this behalf by the Central
Government;

(s) “disused working” means such working in a mine where work has been temporarily stopped, but which are
accessible and include unused working;

(t) “explosive” shall have the same meaning as is assigned to it in the Explosives Act, 1884 (4 of 1884);

(u) “face” means the moving front of any working place or the inbye end of any gallery, roadway or drift;
 Reg.2
(v) “fiery seam” means a seam in which a fire or spontaneous heating exists in the working belowground or in open
cast workings lying within the precincts of a mine;

(w) “financial year” means a period of twelve months from the first day of April to the last day of March of the
successive year;

(x) “flame proof enclosure” shall have the same meaning as defined under the Central Electricity Authority
(Measures Relating to Safety and Electric Supply) Regulations, 2010;

(y) “Form” means a form as may be specified by an order or instruction by the Chief Inspector under these
regulations;

(z) “gas” includes fume or vapour;

 Reg.2
(za) “gassy seam of the first degree” means a coal seam or part thereof lying within the precincts of a mine not being an
open cast working whether or not inflammable gas is actually detected in the general body of the air at any place in its
workings below ground, or when the percentage of the inflammable gas, if and when detected, in such general body of air
does not exceed 0.1 and the rate of emission of such gas does not exceed one cubic meter per tonne of coal produced;

(zb) “gassy seam of the second degree” means a coal seam or part thereof lying within the precincts of a mine not being
an open cast working in which the percentage of inflammable gas in the general body of air at any place in the workings of
the seam is more than 0.1 or the rate of emission of inflammable gas per tonne of coal produced exceeds one cubic meter
but does not exceed ten cubic meters;

(zc) “gassy seam of the third degree” means a coal seam or part thereof lying within the precincts of a mine not being an

open cast working in which the rate of emission of inflammable gas per tonne of coal produced exceeds ten cubic meters;
 Reg.2
(zd) “general body of air” means the general atmosphere in a coal seam and includes the atmosphere in the roof cavities,

but does not include general atmosphere in the sealed off area or in any borehole drilled in coal or in the adjacent strata;

(ze) “goaf” means any part of workings below ground wherefrom a pillar or part thereof, or in the case of longwall workings,

coal has been extracted but which is not a working place;

(zf) “haul road” means any passage or road, which is maintained and used in connection with the working of opencast

mines for plying of machinery within the precincts of a mine;

(zg) “Heavy Earth Moving Machinery (HEMM)” means machinery used in opencast mines for digging, drilling (excluding

hand held drills and drill machines capable of drilling hole of a diameter up to 50 mm), dredging, hydraulicking, ripping,

dozing, grading, excavating, loading or transporting minerals or overburden;

(zh) “incline” means an inclined passage or road either on the surface or belowground;
 Reg.2
(zi) “intrinsically safe” shall have the same meaning as defined under the Central Electricity Authority (Measures Relating to

Safety and Electric Supply) Regulations, 2010;

(zj) “inset” means a landing or platform in a shaft, and includes an excavation therefrom between the top and the bottom

of the shaft;

(zk) “machinery” means –

(i) any locomotive or any stationary or portable engine, air compressor, boiler or steam apparatus which is, or

(ii) any such equipment used for cutting, drilling, loading and transport of material which is, or

(iii) any such apparatus, appliance or combination of appliances intended for developing, storing, transmitting,

converting or utilizing energy which is, or

(iv) any such apparatus, appliance or combination of appliances if any power is developed, stored, transmitted,

converted or utilised thereby is,

used or intended for use in connection with mining operations;

 Reg.2
(zl) “manager” means a manager appointed under regulation 27;

(zm) “manufacturer” means an individual, association of individuals, company or institution who manufactures

machinery, plant, equipment, appliance or substances for use in coal mines;

(zn) “material” includes coal, stone, debris, or any other material;

(zo) “mine”, for the purpose of chapter IV under these regulations, means all excavations within the mine boundary and

all premises, plants, machinery and works as specified in clause (j) of sub section (1) of Section 2 of the Act and the same

shall collectively constitute a mine;

(zp) “misfire” means the failure to explode of an entire charge of explosives in a shot hole or blast hole;

(zq) “month” means a calendar month;

 Reg.2

(zr) “official” means a person appointed in writing by the owner, agent or manager to perform duties of
supervision in a mine or part thereof and includes an assistant manager, a ventilation officer, a safety officer, a
sampling incharge, a dust in- charge, an overman, a sirdar, an engineer and a surveyor;

(zs) “onsetter” means a person appointed to superintend the raising and lowering of persons, tools and materials
and to transmit signals at any inset or shaft bottom;

(zt) “overman” means a person possessing a Manager’s or Overman’s Certificate, appointed by the manager in
writing, under any designation whatsoever, to perform the duties of supervision or control in a mine or part
thereof, and is as such superior to a sirdar;

(zu) “permitted explosive” means an explosive manufactured by such firm and of such types as the Chief
Inspector may, from time to time specify by a general or special order;
 Reg.2
(zv) “pipeline” means a pipeline laid or being used in a mine for the purpose of pumping or supply of water, sand stowing
or filling of material other than sand stowing, nitrogen flushing or for any other purpose including extraction of Coal Mine
Methane (CMM), Abandoned Mine Methane (AMM) and other associated pipelines;

(zw) “principal official” means the senior-most mine official in mining discipline on duty in the mine;

(zx) “public road” means a road maintained for public use and under the jurisdiction of any Government or local authority;

(zy) “quarter” means a period of three months ending on the 31st March, 30th June, 30th September and 31st December;

(zz) “railway” means a railway as defined in the Railways Act, 1989 (24 of 1989);

(zza) “Regional Inspector” means an Inspector of Mines having jurisdiction over a geographical area in which the mine is
situated and over which he exercises his powers under the Act;
 Reg.2
(zzb) “river” means any stream or current of water, whether seasonal or perennial, and includes its banks extending up to
the highest known flood level;

(zzc) “risk” means combination of likelihood of a specific unwanted event and its potential consequences;

(zzd) “roadway” means any part of a passage or gallery below ground which is maintained in connection with the working
of a mine;

(zze) “Schedule” means a Schedule appended to these regulations;

(zzf) “shaft” means a way or opening leading from the surface to workings below ground or from one part of the workings
belowground to another, in which a cage or other means of conveyance can travel freely suspended, with or without the
use of guides;

(zzg) “shot-firer” means a person so appointed under regulation 190;

(zzh) “socket” means a shot hole or blast hole or part thereof remaining after being charged with explosive and blasted,
and which is not known to be a misfired hole;
 Reg.2
(zzi) “supplier” means an individual, association of individuals, company or institution who supplies a technology,

machinery, plant, equipment, appliance or substance for use in coal mines;

(zzj) “tub” includes a wagon, car, truck or any other vehicle moving on rail(s) for conveying materials;

(zzk) “ventilation district” means such part of a mine belowground as has an independent intake airway commencing from

a main intake airway, and an independent return airway terminating at a main return airway, and, in the case of a mine or

part thereof which is ventilated by natural means, the whole mine or part;

(zzl) “working” means any excavation made or being made in a mine for search of or obtaining coal;

(zzm) “working place” means any place in a mine to which any person has lawful access.

(2) Words and expressions used in these regulations and not defined herein but defined in the Act shall have the meanings

respectively assigned to them under the Act.

CHAPTER II: RETURNS, NOTICES AND RECORDS
3. Notice of opening

4. Annual returns

5. Notice of abandonment, closure or discontinuance

6. Notice of reopening

7. Notice of change in ownership and appointment of agent, manager, etc.

8. Notice of dangerous occurrence or accident

9. Notice of disease.
 Reg: 3. Notice of opening
• (1) The notice for commencement of any mining operation under section 16 of the Act shall be submitted in the Form and
method as may be specified by the Chief Inspector for the purpose,

• accompanied by a plan showing the boundaries of the mine and the shafts or openings of the mine, trijunction or revenue
pillars and other prominent and permanent surface features to the Chief Inspector and a copy thereof to the Regional
Inspector: 164 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

• Provided that in case of change in the boundary of a mine under regulations 121 and 122, a plan showing the new
boundary shall be submitted within seven days of the said change.

• (2) The notice referred to in sub-regulation (1) shall be accompanied by,-

• (a) a copy of the surface plan prepared under clause (a) of sub-regulation (1) of regulation 65;

• (b) a copy of Safety Management Plan prepared under regulation 104:

• Provided that in respect of a mine which has already been opened, the plan referred to in clauses (a) and (b) shall be
submitted within sixty days and one year respectively of coming into force of these regulations.

• (3) When a mine has been opened, the owner, agent or manager shall forthwith communicate the actual date of opening
to the Chief Inspector, the Regional Inspector and to the District Magistrate.
 Reg: 4. Annual returns
• (1) On or before 1st day of February in every year, the owner, agent or manager shall submit to the Chief
Inspector, the Regional Inspector and to the District Magistrate annual returns in respect of the preceding
year in the Form and method as may be specified by the Chief Inspector for the purpose.

• (2) If a mine is abandoned or closed or workings thereof is discontinued over a period exceeding sixty days
or if a change occurs in the ownership of a mine, the returns required under sub-regulation (1) shall be
submitted within thirty days of such abandonment or closure or change of ownership or within ninety days
of discontinuance, as the case may be.
REG. 5. Notice of abandonment, closure or discontinuance
• (1) When it is intended to abandon or close a mine or seam or to discontinue workings thereof for a period exceeding sixty
days, the owner, agent or manager shall give a notice in the Form and method as may be specified by the Chief Inspector for
the purpose, to the Chief Inspector, the Regional Inspector and to the District Magistrate stating the reasons for such
abandonment, closure or discontinuance and the number of persons likely to be affected thereby, not less than thirty days
before such abandonment or discontinuance:

• Provided that when on account of unforeseen circumstances a mine is abandoned, closed or discontinued before the said
notice has been given or without previous intention the discontinuance extends beyond a period of sixty days, the notice
shall be given forthwith.

• (2) Notwithstanding anything contained in sub-regulation (1), when it is intended to abandon, close or discontinue for more
than sixty days any working belowground over which is situated any property vested in the Government or any local
authority or any railway or any building or permanent structure not belonging to the owner, the owner, agent or manager
shall, not less than thirty days before the date of such abandonment, closure or discontinuance give notice of his intention to
the Chief Inspector and the Regional Inspector.

• (3) When a mine or seam has been abandoned, closed or the workings thereof has been discontinued over a period
exceeding sixty days, the owner, agent or manager shall, within seven days of the abandonment, closure or expiry of the said
period of discontinuance, give to the Chief Inspector, the Regional Inspector and to the District Magistrate, notice in the
Form and method as may be specified by the Chief Inspector for the purpose.
 Reg 6. Notice of reopening
• (1) When it is intended to reopen a mine or seam after abandonment, closure or discontinuance for a period
exceeding sixty days, the owner, agent or manager shall, not less than thirty days before resumption of mining
operations, give to the Chief Inspector, the Regional Inspector and to the District Magistrate notice in the Form and
method as may be specified by the Chief Inspector for the purpose.

• (2) When a mine has been reopened, the owner, agent or manager of the mine shall forthwith communicate the
actual date of the reopening to the Chief Inspector, the Regional Inspector and to the District Magistrate.
7. Notice of change in ownership and appointment
of agent, manager, etc.
• (1) When a change occurs in the name or ownership of a mine or in the address of the owner, the owner, agent or
manager shall, within seven days from the date of the change, give to the Chief Inspector and the Regional Inspector a
notice in the Form and method as may be specified by the Chief Inspector for the purpose:

• Provided that where the owner of a mine is a firm or other association of individuals, a change –

• (i) of any partner in the case of a firm;

• (ii) of any member in the case of an association;

• (iii) of any director in the case of a public company; or

• (iv) of any shareholder in the case of a private company,

• shall also be intimated to the Chief Inspector and the Regional Inspector, within seven days from the date of the change.
• (2) When the ownership of a mine is transferred, the previous owner or his agent shall make over to the new owner or his
agent, within a period of seven days of the transfer of ownership, all plans, sections, reports, registers and other records
maintained in pursuance of the Act and of the regulations, or orders made thereunder, and all correspondence relating to
the working of the mine relevant thereto; and when the requirements of this clause have been duly complied with, both the
previous and the new owners or their respective agents shall forthwith inform the Chief Inspector and the Regional Inspector
in writing.

• (3) When any appointment is made of an agent, manager, engineer, surveyor, ventilation officer, safety officer, or assistant
manager or when the employment of any such person is terminated or any such person leaves the said employment, or
when any change occurs in the address of any agent or manager, the owner, agent or manager shall, within seven days from
the date of such appointment, termination or change, give to the Chief Inspector and the Regional Inspector a notice in the
Form and method as may be specified by the Chief Inspector for the purpose.

• (4) The owner of a mine shall submit in writing to the Chief Inspector and the Regional Inspector, a statement showing the
name and designation of every person authorised to act on behalf of the owner in respect of management, control,
supervision or direction of the mine.

• (5) The statement referred to in sub-regulation (4) shall state the responsibilities of every such person and the matters in
respect of which he is authorised to act on behalf of the owner.
• (6) Every person referred to in sub-regulation (4) shall be an agent for the mine or group of mines, as the case may be, in
respect of the responsibilities as specified in the statement referred therein.
• (7) Any change, addition or alteration in the names or other particulars of the statement referred to in subregulation (4) shall
be reported in writing to the Chief Inspector and Regional Inspector within seven days from the date of change, addition or
alteration.
 Reg. 8: Notice of dangerous occurrence or accident
• (1) When there occurs in or about a mine,
• (a) an accident causing loss of life or serious bodily injury in connection with any mining operation; or
• (b) a readily identifiable event with potential to cause an injury to persons at work, hereinafter referred to as “dangerous
occurrence”, such as –
• (i) an explosion or ignition;
• (ii) a spontaneous heating or outbreak of fire, or appearance of smoke, or other indication of heating or outbreak of fire;
• (iii) fire in any part of workings or in any machinery;
• (iv) fall from height of any excavation, loading or transport machinery;
• (v) bursting of equipment under pressure;
• (vi) an influx of inflammable or noxious gases;
• (vii) an irruption or inrush of water or other liquid matter;
• (viii) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a ‘bump’) in working below ground;
• (ix) a premature collapse of any part of the working;
• (x) any accident due to explosives;
• (xi) a breakage or fracture of rope, chain, headgear, pulley or axle or bearing thereof, or other gear by which persons or
materials are lowered or raised;
• (xii) an over winding of cages or other means of conveyance while men or materials are being lowered or raised;
• (xiii) a breakage or fracture of an essential part of winding engine, crankshaft, coupling, bearing, gearing, clutch, drum or
drum shaft, or failure of emergency brake;
• (xiv) a bursting of any equipment containing steam, compressed air or other substance at high pressure;
• (xv) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be
endangered;
• (xvi) a slide causing injury to any person, damage to any machinery, or interruption of normal mining operations;
• (xvii) failure of dump or side in opencast working;
• (xviii) a failure of any structure or installation whereby the safety of persons may be endangered; or
• (xix) spark generated due to electrical flash-over causing burn injury to any person,
• the owner, agent or manager shall forthwith inform the Regional Inspector about the occurrence by telephone, fax, e-mail
or by special messenger; and shall also, within twenty-four hours of every such occurrence, give notice thereof in the
Form and method as may be specified by the Chief Inspector for the purpose, to the District Magistrate, the Chief
Inspector and the Regional Inspector and in the case of an accident mentioned in clause (a), also to the Competent
Authority for payment of compensation:
• Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter.
• (2) The owner, agent or manager shall simultaneously exhibit a copy of the notice referred to in subregulation (1) on a
special notice board at the office of the mine for a period of not less than fourteen days from the date of such exhibition.
• (3) When an accident causing loss of life, serious bodily injury or burn injury occurs in or about a mine in connection with
the generation, storage, transformation, transmission, supply or use of electrical energy, the owner, agent or manager shall
also forthwith inform the Inspector of Mines (Electrical) by telephone, fax, e-mail or by special messenger:

• Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter.

• (4) If death results from any injury already reported as serious under sub-regulation (1) or if an injury other than the
serious injury becomes serious, the owner, agent or manager shall within twenty-four hours of his being informed of the
same, give notice thereof to the District Magistrate, the Chief Inspector, the Regional Inspector and to the Competent
Authority for payment of compensation and, if such death or injury is connected with any reason as specified under sub-
regulation (3), also to the Inspector of Mines (Electrical).

• (5) In respect of every persons killed or injured as above, the owner, agent or manager shall send particulars in the Form
and method as may be specified by the Chief Inspector for the purpose, within seven days of the occurrence, and also
within fifteen days of the injured person returning to duty.
 9. Notice of disease
• Where any person employed in a mine contracts any disease notified by the Central
Government in the Official Gazette under section 25 of the Act, the owner, agent or
manager shall within three days of his being informed of the disease, give notice thereof in
the Form and method as may be specified by the Chief Inspector for the purpose, to the
Chief Inspector, the Regional Inspector, the Inspector of Mines (Medical), the District
Magistrate, and to the Competent Authority for payment of compensation.
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
 CHAPTER III: EXAMINATION AND CERTIFICATES OF
COMPETENCY AND OF FITNESS
• 10. Board of Mining Examination
• 11. Certificate granted by Board
• 12. Examinations and examiners
• 13. Submission of application
• 14. Age limit and general qualifications of candidates
• 15. Practical experience of candidates for Manager’s Certificate examination
• 16. Practical experience of candidates for Surveyor’s Certificate examination
• 17. Practical experience of candidate for Sirdar’s Certificate examination
• 18. Practical experience of candidate for Engine Driver’s Certificate
• 19. Number of attempts at examination
• 20. Fees for grant of Certificates
• 21. Exchange Certificate
• 22. Duplicate Certificate
• 23. Certificate to be delivered to the manager.–
• 24. Suspension or cancellation of Manager’s Certificate, Surveyor’s Certificate, Overman’s
Certificate, Sirdar’s Certificate, Engine Driver’s Certificate or Gas Testing Certificate.
• 25. Validity of certificate for managers and officials, etc.
 Reg. 10.Board of Mining Examination
• (1) For the purpose of these regulations, there shall be constituted a Board of Mining Examination (hereinafter
referred to as ‘the Board’).

• (2) The Board shall consist of the Chief Inspector, who shall be its Chairman (ex officio), and five members possessing
degree in mining engineering; with

• (a) first class Manager’s Certificate granted under regulation 11; or

• (b) practical experience of not less than two years in management, control, supervision and direction of a coal mine
or part thereof; or

• (c) service in an institution imparting education in mining engineering at the degree or equivalent level; or

• (d) engagement in mining research or planning,

• to be appointed by the Central Government:

• Provided that the Board shall be so constituted that it shall include at least three members possessing qualifications
laid down in clauses (a) and (b) and at least one member possessing qualifications laid down either in clause (c) or in
clause (d).
• (3) Every member of the Board other than its Chairman shall hold office for a period of three years from the date of
appointment, or until his successor is appointed, whichever is later:

• Provided that,–

• (i) a member may at any time resign his office by a notice in writing addressed to the Chairman;

• (ii) a member appointed under clause (c) of sub-regulation (2) shall cease to hold office upon his ceasing to serve in
any such institution, as is referred to in that clause;

• (iii) a person appointed to fill a vacancy caused by reason of the death, resignation, or by reason of cessation of office
under sub-clause (ii) or otherwise, shall hold office for the remaining period for which such member would have, but
for such reason, continued as member.

• (4) A person who holds, or who has held, office as member of the Board shall, subject to the other provisions of this
regulation, be eligible for re-appointment to that office.

• (5) A member of the Board other than the Chairman shall receive such remuneration as the Central Government may
fix.

• (6) An Inspector nominated in this behalf by the Chief Inspector shall act as the Secretary to the Board (hereinafter
referred to in these regulations as the Secretary).
• (8) Meetings of the Board shall be held as and when the Chairman considers them necessary, and unless otherwise decided
by the Chairman, all meetings of the Board shall be held at Dhanbad.

• (9) (a) For every meeting of the Board, not less than ten clear days prior notice intimating the time and place of the
proposed meeting and signed by the Chairman or the Secretary shall be given to each member who is not absent from
India.

• (b) Such notice shall be delivered at, or posted to the usual place of residence of the member, and each such notice shall be
accompanied by a list of items of business to be disposed off at that meeting.

• (c) Notwithstanding anything contained in clauses (a) and (b), in cases of urgency, an emergent meeting may be called for by
the Chairman at any time by intimating the members, only two days in advance, of the time and date of such meeting and
the subject matter for discussion at such meeting.

• (10) (a) The Chairman shall preside at every meeting of the Board.

• (b) If the Chairman is absent for any reason, members present shall elect one from among themselves to preside over the
meeting; and the member so elected shall, for the purposes of that meeting, have all powers of the Chairman.

• (11) No business shall be transacted at a meeting of the Board unless at least three members, including the Chairman, are
present:
• 13) (a) The Secretary shall place before the Board a list of business to be transacted at the meeting.

• (b) No business which is not included in such list shall be considered unless the Chairman permits.

• (14) (a) Every matter at a meeting shall be decided by the majority of votes of the members present at such meeting.

• (b) Every matter referred to the members by circulation under sub-regulation (12) shall be decided by the majority opinion
of the members to whom the papers were circulated, unless the Chairman reserves it for consideration at a regular
meeting to be held later.

• (c) In case of equal division of votes or opinions of the members, the Chairman shall have a casting vote or opinion.

• (15) (a) The Secretary shall record the minutes of each meeting in a bound-paged book kept for the purpose and copies of
such minutes of meeting shall be circulated to all members present in India.

• (b) The minutes so recorded shall be confirmed at the next meeting of the Board and signed by the Chairman in token
thereof.
 REG. 11. Certificate granted by Board
• (1) The certificates specified in sub-regulation (2) shall be granted by the Board.
• (2) Certificate granted by the Board shall be valid throughout the territories to which these regulations extend, and shall be
of the following kinds, namely: –
• a) Manager’s first class certificate of competency to manage a coal mine (hereinafter referred to as a First Class Manager’s
Certificate);
• b) Manager’s second class certificate of competency to manage a coal mine (hereinafter referred to as a Second Class
Manager’s Certificate);
• c) Surveyor’s certificate of competency to survey the working of a mine (hereinafter referred to as a Surveyor’s Certificate);
• d) Overman’s certificate of competency to carry out inspections and duties as required under these regulations (hereinafter
referred to as an Overman’s Certificate);
• e) Sirdar’s Certificate of competency to carry out inspections and duties as required under these regulations (hereinafter
referred to as a Sirdar’s Certificate);
• f) Winding engineman’s certificate (hereinafter referred to as a Engine Driver’s Certificate) to drive a winding engine of any
type or class; and
• g) Certificate of competency to test for the presence of inflammable gas (hereinafter referred to as a Gas Testing
Certificate):
• Provided that any of the certificates aforesaid, other than an Engine Driver’s Certificate and a Gas Testing Certificate, may
be restricted to mines having opencast working only, and this fact shall be endorsed on the certificate.
 Reg. 12. Examinations and examiners
• (1) Certificate shall be granted to candidates after such examinations and in such form as the Board may specify:

• Provided that the Board may, subject to the conditions specified in bye-laws, exempt any person from appearing at the
examination or part thereof for the grant of a certificate referred to in regulation 11.

• (2) The examination shall be held at such times and at such centres as may be fixed by the Board, and shall be
conducted by examiners appointed by the Board.

• (3) The examiners referred to in sub-regulation (2) shall be subject to the orders of the Board in respect of all matters
relating to the conduct of the examinations, and shall receive such remuneration as the Board, with the sanction of
the Central Government, may fix.

• (4) The Board may make bye-laws as to the procedure for, and the conduct of the examinations and as to the granting
of certificate of competency and of fitness as required under these regulations, and shall so far as may be practicable,
provide that the standard of knowledge required for the grant of certificates of any particular class and the standard
of medical fitness shall be uniform throughout the territories to which these regulations extend:

• Provided that the Board may take decision on any matter, not specified under the bye-laws, which may be brought to
it for disposal.
 Reg 13. Submission of application
• (1) Application for an examination conducted by the Board shall be made to the Board not less than
sixty days prior to the date fixed for the examination in a manner and on a form specified for the
purpose.

• (2) Notice regarding the date and place of the examination for the Manager’s Certificate, Surveyor’s
Certificate and Overman’s Certificates shall be published under the order of the Board in such
periodicals or by any other means as the Board may direct, not less than sixty days prior to the date
fixed by the Board for receiving applications.
 14. Age limit and general qualifications of candidates
• (1) No person shall be admitted as a candidate at any examination held by the Board unless he is twenty years of age.

• (2) No person shall be admitted as a candidate at any examination for a Manager’s Certificate, Surveyor’s Certificate,
Overman’s Certificate or Sirdar’s Certificate unless he holds a valid first-aid certificate of the St. John Ambulance
Association (India) or any other equivalent standard as may be specified by the Chief Inspector.

• (3) Every application for any examination as aforesaid shall be accompanied by,-

• (i) a certificate of age verified by a Gazetted Officer of the Government or by the headmaster of a recognised school of a
higher secondary or equivalent standard:

• Provided that in the case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted
as evidence of age;

• (ii) a medical certificate obtained not more than one year prior to the date of his application, from a qualified medical
practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon.
• (4) No person shall be admitted as a candidate to any examination for Manager’s Certificate, Surveyor’s Certificate,
Overman’s Certificate or Sirdar’s Certificate, unless he has passed the senior secondary school examination or
intermediate examination or its equivalent from a recognised Board or University or passed a Diploma or Degree in
Engineering or other equivalent qualifications approved in that behalf by the Central Government, and for an Engine
Driver’s Certificate unless he satisfies the Board that he is literate.
 15. Practical experience of candidates for
Manager’s Certificate examination
• 1) No person shall be admitted as a candidate at any examination for a First or Second Class Manager’s Certificate other
than an exchange Certificate to which the provisions of regulation 21 apply, unless the Board is satisfied that he has had
practical experience in coal mine as prescribed under sub-regulation (2) for a period of not less than six and five years
respectively:

• Provided that a candidate-

• (a) who has received a diploma in mining or mining engineering or other equivalent qualification approved in that behalf
by the Central Government, such period of experience shall be reduced to five and four years respectively; and

• (b) who has passed a degree in mining engineering or other equivalent qualification approved in that behalf by the
Central Government, such period shall be reduced to two years for First Class Manager’s Certificate;

• Provided further that the experience referred to in this sub-regulation shall be the experience obtained after acquiring
the relevant academic qualification.

• (2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details of the practical
experience required for Manager’s Certificate.
 Reg 16. Practical experience of candidates for
Surveyor’s Certificate examination
• No person shall be admitted as a candidate at any examination for a Surveyor’s Certificate unless
he has satisfied the Board that he has had not less than two years’ practical experience of
surveying of a type the Board may specify, subject to the conditions laid down in bye-laws.

• Provided that such period shall be reduced to six months in the case of a candidate who has
attended classes in theoretical and practical surveying at any educational institution approved by
the Board subject to the conditions laid down in bye-laws.
 Reg 17. Practical experience of candidate for
Sirdar’s Certificate examination
• (1) No person shall be admitted as a candidate at any examination for a Sirdar’s Certificate unless the
Board is satisfied that he has had practical experience and training in a coal mine for a period of not less
than three years:

• Provided that such period shall be reduced to a period of one year in the case of a candidate who has
received a diploma or certificate in scientific and mining training after a course of at least two years at
an educational institution, or who has taken a degree in scientific and mining subject at a university,
approved in that behalf by the Board subject to the conditions laid down in bye-laws.

• (2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details
of the practical experience required for Sirdar’s Certificate.
 Reg 18. Practical experience of candidate for
Engine Driver’s Certificate
• No person shall be admitted as a candidate at any examination for an Engine Driver’s
Certificate unless the Board is satisfied that he has had practical experience of
driving a winding engine or as an assistant to a qualified winding engine driver for a
period of at least one year.
 Reg 19. Number of attempts at examination.–

• No person shall be admitted for examination for a particular certificate beyond

seven attempts from the date of coming into force of these regulations.
 Reg 20. Fees for grant of Certificates
• (1) Fees to be paid in respect of every application for the grant of a certificate shall be prescribed by the
Board, subject to the conditions laid down in bye-laws.

• (2) The fee once paid shall not be refundable except where the candidate has died before the
examination for grant of a certificate or where fee has been erroneously paid.
 Reg 21. Exchange Certificate
• (1) The Board may grant to any person, holding a Manager’s Certificate, Surveyor’s Certificate, Engine Driver’s Certificate,
Foreman’s Certificate or Mate’s Certificate granted under any law for the regulation of mines in force in any other country
or under the Metalliferous Mines Regulations, 1961 or its amended version made under the Act, a corresponding certificate
of a similar class under these regulations, if he possesses such qualification and experience and passes such examination at
the Board may stipulate, subject to the conditions specified in bye-laws.

• Provided that the Board may, subject to the conditions laid down in bye-laws, exempt any person from appearing at the
examination or part thereof for the grant of an Exchange Certificate.

• (2) Every application for the grant of an Exchange Certificate under sub-regulation (1) shall be accompanied by,-

• (i) a medical certificate obtained not more than one year prior to the date of his application, from a qualified medical
practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon or from a medical practitioner
holding at least a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.) and registered with Medical Council
of India, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely
to interfere with the efficiency of his work; and

• (ii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate:

• Provided that in the case of a Manager’s Certificate, the candidate shall possess practical training in India in the mines, for a
period of not less than six months in such manner as may be specified by the Board subject to the conditions laid down in
bye-laws.

• (3) Fees on the scale laid down in regulation 20 shall be paid in respect of every examination under this regulation.
 Reg 22. Duplicate Certificate
• If any person proves to the satisfaction of the Board that he has, without any fault on his part, lost or
been deprived of a certificate granted to him under these regulations, the Board may upon realisation of
the fee prescribed under sub-regulation (1) of regulation 20 and subject to the conditions laid down in
bye-laws, cause a copy of the certificate to be delivered to him and the word “DUPLICATE” shall be
stamped across every such copy.
 Reg 23. Certificate to be delivered to the manager
• (1) When the holder of an Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s Certificate and Gas
Testing Certificate is employed in a mine in a capacity which requires the possession of the said
certificate, he shall deliver such certificate to the manager of the mine in which he is for the time being
employed.

• (2) The manager shall deliver to such person a receipt for the same, and shall retain the certificate in the
office at the mine so long as the holder thereof is so employed, and shall return it to the holder on his
ceasing to be so employed.
 24. Suspension or cancellation of Manager’s Certificate, Surveyor’s
Certificate, Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s
Certificate or Gas Testing Certificate
• 1) If on the basis of a report of the Inspector, the Regional Inspector is of the opinion that the holder of a Manager’s
Certificate, Surveyor’s Certificate, Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s Certificate or Gas Testing
Certificate is incompetent or is guilty of negligence or misconduct in the performance of his duties under the Act or under
these regulations, he shall bring the matter to the notice of the Board.

• (2) The Board may, on the report of the Regional Inspector under sub-regulation (1), authorise an Inspector, not below the
rank of the Inspector whose report formed the basis of the said opinion, to hold an enquiry in accordance with the
procedure laid down in bye-laws, to determine whether or not such a person (hereinafter referred to as the delinquent) is fit
to continue to hold such certificate.

• Provided that the Board shall, before the enquiry, furnish to the delinquent a statement of the case on which the enquiry is
instituted.

• (3) The Inspector who conducted the enquiry shall, within fifteen days from the date of conclusion of his enquiry, send a
report to the Board together with his findings, the notes of evidence recorded during the enquiry and other relevant records.

• (4) Copies of the notes of evidence and the findings of the Inspector who conducted the enquiry shall also be sent to the
delinquent who may submit his written representation to the Board within thirty days from the date of dispatch of such
copies.
• (5) The Board may, after considering the evidence and other records and the written representation, if any,
submitted by the delinquent, either cause further enquiry to be made in the case and thereupon or otherwise,
either exonerate the delinquent of the charges against him or suspend or cancel the certificate, as it deems fit.

• (6) An appeal shall lie against any order of the Board under this regulation before the Central Government within
thirty days of such order.

• (7) Where a certificate is suspended or cancelled under this regulation suitable endorsement may be made on such
certificate or a duplicate thereof issued under regulation 22.
 Reg 25. Validity of certificate for managers and
officials, etc.-
• (1) No person shall act as a manager or an official or a winding engineman in a mine after attaining the age of sixty
years unless he has obtained, within the preceding one year, a medical certificate of fitness certifying him fit to carry
out the duties prescribed for him in the Act and in these regulations and orders made thereunder:

• Provided that if the Chief Inspector or the Regional Inspector is of the opinion that a person as aforesaid, though less
than sixty years of age, is medically unfit to carry on the duties assigned to him in the Act and in these regulations
and orders made thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing, require such
person to obtain a medical certificate of fitness within such period, not exceeding three months, as he may specify
therein; and no such person shall continue to act in any capacity as aforesaid after the period so specified unless he
has obtained a medical certificate of fitness.

• (2) The medical certificate of fitness as aforesaid shall be obtained from such authority and in such form and manner
as the Board may specify subject to the conditions laid down in bye-laws.

• (3) Notwithstanding anything contained in sub-regulation (1), no person shall act as manager or an official or a
winding engineman in a mine after attaining the age of seventy years.
 CHAPTER IV: INSPECTORS AND MINE OFFICIALS
• 26. Qualifications of Inspectors

• 27. Qualification and appointment of manager

• 28. Charge report of managers

• 29. Qualification and appointment of safety officer

• 30. Appointment of assistant manager

• 31. Qualification and appointment of ventilation officer

• 32. Appointment of engineers

• 33. Appointment and qualifications of senior officials

• 34. Appointment of surveyors

• 35. Appointment of officials and competent persons

• 36. General management

 Reg: 26. Qualifications of Inspectors
• (1) No person shall be appointed as Chief Inspector unless he holds a degree in mining engineering of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation
11.

• (2) No person shall be appointed as an Inspector unless he holds a degree in mining engineering of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation
11:

• Provided that – (i) in relation to electrical machinery installed in mines, a person holding a degree in electrical
engineering of an educational institution approved by the Central Government may be so appointed;

• (ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a degree in mechanical
engineering of an educational institution approved by the Central Government may be so appointed, and

• (iii) in relation to the provisions of the Act and of the rules and regulations which relate to matters concerning the
health and welfare of persons, a person holding a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.)
or such other qualification as may be prescribed, of an educational institution approved by the Central Government or
a person holding such other qualifications as the Central Government may approve in this behalf, may be so
appointed.
Reg 27. Qualification and appointment of manager
• (1) No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly
appointed and having such qualifications as required under this regulation.

• (2) No person shall act or be employed as a manager unless he has attained 23 years of age and is paid by, and is
directly answerable to the owner or agent of the mine.

• (3) Subject to the provisions of sub-regulation (4), no person shall act or continue to act, or be appointed, as manager
of a mine or mines the average output of which corresponds to the figures given in column (i) of the table below
unless he holds the corresponding qualifications given in column (ii) thereof:
For belowground mines:
(a) In excess of 2,500 tonnes per month FMC not restricted to OC

(b) Not exceeding 2,500 tonnes per month. FMC/SMC not restricted to OC
For opencast mines:
(c) In excess of 20,000 cubic metre per months of material handled FMC

(d) Not exceeding 20,000 cubic metre material handled per month FMC/SMC

• (5) No person shall act, or be appointed, as manager of more than one mine except with the previous permission in writing
of the Chief Inspector
 Reg 28. Charge report of managers
• When there is a change of manager of any mine, the outgoing manager shall hand over to the
incoming manager, a charge report in a format as may be specified by the Chief Inspector, by a
general or special order and the charge report shall be signed by both the outgoing and incoming
managers and a copy of the charge report shall be sent to the Regional Inspector.
Reg 29. Qualification and appointment of safety
officer
• In every belowground mine the average monthly output of which exceeds 5,000 tonnes or in every opencast mine
the average monthly material handled of which exceeds 20,000 cubic metre, the manager shall be assisted in the
work of promoting safe practices in the mine by a safety officer who shall be a person holding the following
qualifications, namely:-

Below Ground Working Qualification Open Cast Working Qualification

average monthly output average monthly material handled
excess of 15,000 tonnes FMC not restricted in excess of 50,000 cubic metre FMC

in excess of 10,000 tonnes, but FMC/SMC not in excess of 20,000 cu.m but not FMC/SMC
not exceeding 15,000 tonnes restricted exceeding 50,000 cubic metre

in excess of 5,000 tonnes but FMC/SMC or -- --

not exceeding 10,000 tonnes, Degree/Diploma in
Mining Engring
 Reg 30. Appointment of assistant manager
• In every mine, the manager shall be assisted by assistant managers on the scale as may be specified
by the Board.

• Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of
assistant managers.
 Reg 31. Qualification and appointment of
ventilation officer
• In every belowground mine consisting of gassy seams of first degree, the average output of which
exceeds 5,000 tonnes or of second or third degree the average output of which exceeds 2,500
tonnes, the manager shall be assisted in the work of supervising the maintenance of ventilation
system of the mine in accordance with the provisions of these regulations by a ventilation officer
who shall be a person holding the following qualifications, namely:-
Below Ground Working Qualification
1st Degree Gassy Mine 2nd & 3rd Degree Gassy Mine
Avg. Monthly Output Avg. Monthly Output
exceeds 5,000 tonnes exceeds 2,500 tonnes Appointment of Ventilation
Officer.
excess of 15,000 tonnes excess of 10,000 tonnes FMC/SMC (not restricted)
In Any Other Case FMC/SMC or Degree in M.E

Provided further that in the case of a mine consisting of gassy seams of first degree and having an average output less than 15,000 tonnes,
the Chief Inspector may, considering the nature and extent of workings therein, permit, by an order in writing and subject to such
conditions as he may specify therein, combine the post of ventilation officer with that of safety officer appointed under regulation 29
 Reg 32. Appointment of engineers
• (1) At every mine where machinery is used, an engineer holding a degree or diploma in mechanical engineering, electrical
engineering, mining machinery or equivalent qualification as may be recognised by the Central Government, shall be appointed to
hold general charge of such machinery, and to be responsible for its installation, maintenance and safe working, who shall be
subordinate to manager:

• Provided that where electrical energy exceeding 650 volts is used and the installed capacity of all electrical equipment is 1.5 MVA
and above, an engineer holding a degree or diploma in electrical engineering or equivalent qualification as may be recognised by
the Central Government, shall be appointed to hold charge of all the electrical equipment installed at the mine in addition to that
specified above:

• Provided further that in case of opencast mines worked by heavy earth moving machinery or in any mechanised mine having
belowground workings, in which the aggregate horse power of all the machinery used exceeds 1500, a person holding a degree or
diploma in mechanical engineering, mining machinery or equivalent qualification as may be recognised by the Central Government,
shall also be appointed to hold charge of all the mechanical equipment installed at the mine in addition to that specified above:

• Provided also that nothing in this sub-regulation shall be deemed to prohibit the employment of two or more engineers at one
mine so long as the jurisdiction and sphere of responsibility of every such engineer is defined by the manager in writing.

• (2) Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in writing, specify any
qualification in addition to those referred to in that sub-regulation in respect of a mine or class of mines, if having regard to the
conditions existing in such mine or class of mines, he is satisfied that it is necessary to do so in the interests of safety.

• (3) No person shall act, or be appointed, as engineer of more than one mine except with the previous permission in writing of the
Chief Inspector and subject to such conditions as he may specify therein:
 Reg 33. Appointment and qualifications of senior
officials
• (1) At every mine, one or more overman shall be appointed to hold charge of the different districts of the
mine on each working shift unless otherwise specified by the Regional Inspector.

• (2) The district assigned to an overman under sub-regulation (1) shall not be of such a size, nor shall any
additional duties other than his duties under these regulations be such, as are likely to prevent him from
carrying out in a thorough manner, the duties assigned to him under these regulations.

• (3) For the purposes of this regulation, every person employed as an official subordinate to the manager
and superior to the Sirdar shall hold either a Manager’s Certificate or an Overman’s Certificate.
 Reg 34. Appointment of surveyors
• (1) At every mine, one or more persons holding a Surveyor’s Certificate shall be appointed to be the surveyor for carrying
out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders
made thereunder.

• Provided that in case of mines having opencast workings only, nothing in this sub-regulation shall prohibit the appoint of
one or more persons holding a Surveyor’s Certificate restricted to opencast mines only for carrying out the surveys and
levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder.

• (2) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same mine, without
the previous permission in writing of the Chief Inspector and subject to such conditions as may be specified therein.

• (3) The number of surveyors required to be appointed shall be on the scale as may be specified by the Board:

• Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of surveyors.

• (4) If a mine has more than one surveyor, each shall carry the duties and the responsibilities of the surveyor for the part or
section of the mine to be assigned in writing by the owner, agent or manager:

• Provided that the owner, agent or manager shall appoint one of the surveyors to be responsible for the preparation and
maintenance of the plans required to be prepared and maintained under these regulations who shall also be responsible for
co-ordination and overall supervision of survey work in the mine.
Reg 35. Appointment of officials and competent persons
• (1) The owner, agent or manager shall appoint such number of competent persons, including officials and technicians as
is sufficient to secure, during each of the working shifts –

• (i) adequate inspection of the mine and equipment thereof;

• (ii) a thorough supervision of all operations in the mine;

• (iii) the installation, running and maintenance, in safe working order, of all machinery in the mine; and

• (iv) the enforcement of the requirements of the Act and rules and regulations framed thereunder.

• (2) Without prejudice to the requirement of sub-regulation (1), where the mine is worked on more than one shift, the
owner, agent or the manager shall arrange that during the afternoon shift and the night shift, the mine is under the
general supervision of at least an assistant manager, and of an experienced overman in other cases.

• (3) It shall be the responsibility of the manager to see that the persons so appointed are competent to perform the
duties assigned to them:

• Provided that no person shall be so appointed unless he is paid by the owner or agent and is answerable to the manager:
 Reg 36. General management
• (1) The owner, agent and manager shall provide for the safety and proper discipline of persons
employed in the mine.

• (2) Except in a case of emergency, no person who is not an official or competent persons shall give,
otherwise than through the manager, instructions to a person employed in a mine, who is responsible
to the manager.
Mine Legislation and Safety

Prof. Islavath Sreenivasa Rao

Mining Engineering Department
IIT Kharagpur
 CHAPTER IV: INSPECTORS AND MINE OFFICIALS
• 26. Qualifications of Inspectors

• 27. Qualification and appointment of manager

• 28. Charge report of managers

• 29. Qualification and appointment of safety officer

• 30. Appointment of assistant manager

• 31. Qualification and appointment of ventilation officer

• 32. Appointment of engineers

• 33. Appointment and qualifications of senior officials

• 34. Appointment of surveyors

• 35. Appointment of officials and competent persons

• 36. General management

 Reg: 26. Qualifications of Inspectors
• (1) No person shall be appointed as Chief Inspector unless he holds a degree in mining engineering of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation
11.

• (2) No person shall be appointed as an Inspector unless he holds a degree in mining engineering of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation
11:

• Provided that – (i) in relation to electrical machinery installed in mines, a person holding a degree in electrical
engineering of an educational institution approved by the Central Government may be so appointed;

• (ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a degree in mechanical
engineering of an educational institution approved by the Central Government may be so appointed, and

• (iii) in relation to the provisions of the Act and of the rules and regulations which relate to matters concerning the
health and welfare of persons, a person holding a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.)
or such other qualification as may be prescribed, of an educational institution approved by the Central Government or
a person holding such other qualifications as the Central Government may approve in this behalf, may be so
appointed.
Reg 27. Qualification and appointment of manager
• (1) No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly
appointed and having such qualifications as required under this regulation.

• (2) No person shall act or be employed as a manager unless he has attained 23 years of age and is paid by, and is
directly answerable to the owner or agent of the mine.

• (3) Subject to the provisions of sub-regulation (4), no person shall act or continue to act, or be appointed, as manager
of a mine or mines the average output of which corresponds to the figures given in column (i) of the table below
unless he holds the corresponding qualifications given in column (ii) thereof:
For belowground mines:
(a) In excess of 2,500 tonnes per month FMC not restricted to OC

(b) Not exceeding 2,500 tonnes per month. FMC/SMC not restricted to OC
For opencast mines:
(c) In excess of 20,000 cubic metre per months of material handled FMC

(d) Not exceeding 20,000 cubic metre material handled per month FMC/SMC

• (5) No person shall act, or be appointed, as manager of more than one mine except with the previous permission in writing
of the Chief Inspector
 Reg 28. Charge report of managers
• When there is a change of manager of any mine, the outgoing manager shall hand over to the
incoming manager, a charge report in a format as may be specified by the Chief Inspector, by a
general or special order and the charge report shall be signed by both the outgoing and incoming
managers and a copy of the charge report shall be sent to the Regional Inspector.
Reg 29. Qualification and appointment of safety
officer
• In every belowground mine the average monthly output of which exceeds 5,000 tonnes or in every opencast mine
the average monthly material handled of which exceeds 20,000 cubic metre, the manager shall be assisted in the
work of promoting safe practices in the mine by a safety officer who shall be a person holding the following
qualifications, namely:-

Below Ground Working Qualification Open Cast Working Qualification

average monthly output average monthly material handled
excess of 15,000 tonnes FMC not restricted in excess of 50,000 cubic metre FMC

in excess of 10,000 tonnes, but FMC/SMC not in excess of 20,000 cu.m but not FMC/SMC
not exceeding 15,000 tonnes restricted exceeding 50,000 cubic metre

in excess of 5,000 tonnes but FMC/SMC or -- --

not exceeding 10,000 tonnes, Degree/Diploma in
Mining Engring
 Reg 30. Appointment of assistant manager
• In every mine, the manager shall be assisted by assistant managers on the scale as may be specified
by the Board.

• Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of
assistant managers.
 Reg 31. Qualification and appointment of
ventilation officer
• In every belowground mine consisting of gassy seams of first degree, the average output of which
exceeds 5,000 tonnes or of second or third degree the average output of which exceeds 2,500
tonnes, the manager shall be assisted in the work of supervising the maintenance of ventilation
system of the mine in accordance with the provisions of these regulations by a ventilation officer
who shall be a person holding the following qualifications, namely:-
Below Ground Working Qualification
1st Degree Gassy Mine 2nd & 3rd Degree Gassy Mine
Avg. Monthly Output Avg. Monthly Output
exceeds 5,000 tonnes exceeds 2,500 tonnes Appointment of Ventilation
Officer.
excess of 15,000 tonnes excess of 10,000 tonnes FMC/SMC (not restricted)
In Any Other Case FMC/SMC or Degree in M.E

Provided further that in the case of a mine consisting of gassy seams of first degree and having an average output less than 15,000 tonnes,
the Chief Inspector may, considering the nature and extent of workings therein, permit, by an order in writing and subject to such
conditions as he may specify therein, combine the post of ventilation officer with that of safety officer appointed under regulation 29
 Reg 32. Appointment of engineers
• (1) At every mine where machinery is used, an engineer holding a degree or diploma in mechanical engineering, electrical
engineering, mining machinery or equivalent qualification as may be recognised by the Central Government, shall be appointed to
hold general charge of such machinery, and to be responsible for its installation, maintenance and safe working, who shall be
subordinate to manager:

• Provided that where electrical energy exceeding 650 volts is used and the installed capacity of all electrical equipment is 1.5 MVA
and above, an engineer holding a degree or diploma in electrical engineering or equivalent qualification as may be recognised by
the Central Government, shall be appointed to hold charge of all the electrical equipment installed at the mine in addition to that
specified above:

• Provided further that in case of opencast mines worked by heavy earth moving machinery or in any mechanised mine having
belowground workings, in which the aggregate horse power of all the machinery used exceeds 1500, a person holding a degree or
diploma in mechanical engineering, mining machinery or equivalent qualification as may be recognised by the Central Government,
shall also be appointed to hold charge of all the mechanical equipment installed at the mine in addition to that specified above:

• Provided also that nothing in this sub-regulation shall be deemed to prohibit the employment of two or more engineers at one
mine so long as the jurisdiction and sphere of responsibility of every such engineer is defined by the manager in writing.

• (2) Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in writing, specify any
qualification in addition to those referred to in that sub-regulation in respect of a mine or class of mines, if having regard to the
conditions existing in such mine or class of mines, he is satisfied that it is necessary to do so in the interests of safety.

• (3) No person shall act, or be appointed, as engineer of more than one mine except with the previous permission in writing of the
Chief Inspector and subject to such conditions as he may specify therein:
 Reg 33. Appointment and qualifications of senior
officials
• (1) At every mine, one or more overman shall be appointed to hold charge of the different districts of the
mine on each working shift unless otherwise specified by the Regional Inspector.

• (2) The district assigned to an overman under sub-regulation (1) shall not be of such a size, nor shall any
additional duties other than his duties under these regulations be such, as are likely to prevent him from
carrying out in a thorough manner, the duties assigned to him under these regulations.

• (3) For the purposes of this regulation, every person employed as an official subordinate to the manager
and superior to the Sirdar shall hold either a Manager’s Certificate or an Overman’s Certificate.
 Reg 34. Appointment of surveyors
• (1) At every mine, one or more persons holding a Surveyor’s Certificate shall be appointed to be the surveyor for carrying
out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders
made thereunder.

• Provided that in case of mines having opencast workings only, nothing in this sub-regulation shall prohibit the appoint of
one or more persons holding a Surveyor’s Certificate restricted to opencast mines only for carrying out the surveys and
levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder.

• (2) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same mine, without
the previous permission in writing of the Chief Inspector and subject to such conditions as may be specified therein.

• (3) The number of surveyors required to be appointed shall be on the scale as may be specified by the Board:

• Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of surveyors.

• (4) If a mine has more than one surveyor, each shall carry the duties and the responsibilities of the surveyor for the part or
section of the mine to be assigned in writing by the owner, agent or manager:

• Provided that the owner, agent or manager shall appoint one of the surveyors to be responsible for the preparation and
maintenance of the plans required to be prepared and maintained under these regulations who shall also be responsible for
co-ordination and overall supervision of survey work in the mine.
Reg 35. Appointment of officials and competent persons
• (1) The owner, agent or manager shall appoint such number of competent persons, including officials and technicians as
is sufficient to secure, during each of the working shifts –

• (i) adequate inspection of the mine and equipment thereof;

• (ii) a thorough supervision of all operations in the mine;

• (iii) the installation, running and maintenance, in safe working order, of all machinery in the mine; and

• (iv) the enforcement of the requirements of the Act and rules and regulations framed thereunder.

• (2) Without prejudice to the requirement of sub-regulation (1), where the mine is worked on more than one shift, the
owner, agent or the manager shall arrange that during the afternoon shift and the night shift, the mine is under the
general supervision of at least an assistant manager, and of an experienced overman in other cases.

• (3) It shall be the responsibility of the manager to see that the persons so appointed are competent to perform the
duties assigned to them:

• Provided that no person shall be so appointed unless he is paid by the owner or agent and is answerable to the manager:
 Reg 36. General management
• (1) The owner, agent and manager shall provide for the safety and proper discipline of persons
employed in the mine.

• (2) Except in a case of emergency, no person who is not an official or competent persons shall give,
otherwise than through the manager, instructions to a person employed in a mine, who is responsible
to the manager.