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MINES ACT, 1952
INRODUCTION 
 Indian Mines Act, 1923
DEFINIITION 
 AGENT- In relation to a mine means 
every person appointed as such or not 
who acting or purporting to act on 
behalf of the owner, takes part in 
management, control, supervision or 
directio of mine 
 EMPLOYED- Who works as the 
manager or who works under 
appointment 
- in any mining operation
- in operations or services relating to 
the development of the mine 
- in operating, servicing, maintaining 
or repairing of machinery 
- in operations, within premises of 
mine, of loading for dispatch 
- in any office of the mine 
- in welfare, health, sanitary or 
conservancy or watch and ward 
- in any kind of work preparatory or 
incidental to, or connected with, 
mining operations
 MINE- Excavation for searching for 
and obtaining minerals and includes 
- all borings, bore holes, oil wells and 
accessory crude conditioning plants, 
including pipes 
- all shafts 
- all levels and inclined planes 
- all open cast workings 
- all conveyors and open ropeways 
- all audits, levels, planes, 
machinery, works, railways, tramways 
and sidings 
- all protective works
- all workshops and stores 
- all power stations etc. 
- any premise to deposit sand for use 
in mine or to deposit refuse from mine 
- any premise for process ancillary to 
getting dressing or preparation for 
sale of minerals or of coke
 MINERAL- All substances which can 
be obtained from the earth by mining, 
digging, dredging, hydraulicing, 
quarrying or any other operation and 
includes mineral oil 
 OFFICE OF THE MINE 
 OPEN CAST WORKING
 OWNER means immediate proprietor 
or lessee or occupier and if business 
is carried on by liquidator or receiver, 
such liquidator or receiver 
but does not include person receiving 
royalty, rent or fine, mere proprietor 
of the mine subject to lease, grant or 
licence, mere owner of the soil not 
interested in the minerals, 
but contractor or sub-lessee for 
working of mine is subject to this Act 
as if he were an owner, but not so as 
to exempt the owner from any liability
 REPORTABLE INJURY- Involving 
enforced absence from work for sevety 
two hours or more 
 SERIOUS BODILY INJURY-permanent 
loss of any part of body
 BELOW GROUND 
- In shaft 
- in any excavation extending below 
superjacent ground 
 ABOVE GROUND 
- In open cast or not specified as 
above
 Section 3- Act not to apply in certain 
cases 
The provisions of this Act except 
those in Sections 7,8,9,45 and 46 are 
not to apply to 
(a) any mine in which excavation is 
being made for prospecting purpose 
only, not for obtaining minerals for use 
or sale
provided not more than twenty 
persons are employed, and depth of 
excavation from highest to lowest 
point nowhere exceeds six metres, 
and no part of excavation extends 
below superjacent ground
(b) any mine engaged in extraction of 
kankar, murrum, laterite, boulder, 
gravel, single, sand (excluding 
moulding sand, glass sand and other 
mineral sands), ordinary clay 
(excluding kaolin, china clay, white 
clay or fire clay) building stone, slate 
road metal, earth, fullers earth, marl, 
chalk and lime stone 
provided workings are not extending 
below superjacent ground and in open 
cast depth is not more than six 
metres, number of persons employed 
not more than fifty and explosives are 
not used
INSPECTORS AND 
CERTIFYING SURGEONS 
 Section 5- Chief Inspector and 
Inspectors 
 Section 6- Functions of Inspectors 
 Section 7- Powers of Inspectors of 
Mines 
 Section 8- Powers of Special Officer 
to enter, measure, etc. 
 Section 9- Facilities to be provided for 
occupational health survey
 Section 10- Secrecy of information 
obtained
 Section 11- Certifying Surgeon
COMMITTEES 
 Section 12- Central Government is to 
constitute Committee for the purpose 
of the Act, consisting of 
(a) A person, not being Chief 
Inspector, to act as Chairman 
(b) Chief Inspector of Mines 
(c) Two persons to represent the 
interest of miners appointed by 
Central Government
(d) Two persons to represent the 
interest of miners appointed by 
Central Government 
(e) Two qualified mining engineers not 
directly employed in mining industry 
provided one person in (c) and (d) 
represents the interest of workers in 
coal mines
 Section 13- Functions of the 
Committee 
 Section 14- Powers etc. of the 
Committee 
 Section 15- Recovery of expenses
MINING OPERATION AND 
MANAGEMENT OF MINES 
 Section 16(1)- Notice to be given of 
mining operations 
The owner, agent or manager of 
mine, before commencement of 
mining operation is to give notice to 
Chief Inspector, Controller Indian 
Bureau of Mines and District 
Magistrate in writing in form 
prescribed and particulars 
(2) To reach them one month before 
commencement of mining operation
 Section 17(1)- Manager 
Every mine to be under a sole 
manager having prescribed 
qualifications appointed by owner or 
agent provided owner or agent, if 
qualified, may himself be the manager 
(2) Subject to instructions given by 
owner or agent, manager is to be 
responsible for over all management, 
control, supervision and direction of 
the mine- and all such instructions are 
to be confirmed in writing forthwith
(3) Except in emergency, owner, agent 
or anyone on his behalf is not to give, 
otherwise than through manager, 
instructions affecting the fulfilment of 
his statutory duties to a person, 
employed in a mine, who is 
responsible to manager
 Section 18(1)- Duties and 
responsibilities of owners, agents and 
managers 
Owner and agent to be responsible for 
making financial and other provisions 
and for taking steps necessary for 
compliance with provisions of this Act 
and regulations, rules, bye-laws and 
orders made thereunder
(2) The responsibility in respect to 
matters provided for in rules under (d), 
(e) and (p) of Section 58 are to be 
exclusively carry out by owner and 
agent and person (other than the 
manager) appointed for securing 
compliance with these provisions 
(3) If carrying out of instructions 
under Section 17 given otherwise than 
manager results in contravention of 
the provisions of this Act, person 
giving instructions will be responsible 
for contravention 
(4) Owner, agent and manager are
to be each responsible to see all 
operations are carried out according 
to provisions 
(5) In the event of any contravention 
besides the person contravening, 
supervisor, manager, owner and 
agent, et al will be responsible 
(6) Owner and agent are to be 
ultimately responsible even if manager 
and other officials or person under 
sub-section (2) has been appointed
PROVISIONS AS TO HEALTH 
AND SAFETY 
 Section 19- Drinking water 
 Section 20- Conservancy 
 Section 21- Medical appliances
 Section 22(1)- Powers of Inspectors 
when causes of danger not expressly 
provided against exists or when the 
employment of a person is dangerous 
Inspector may give notice in writing to 
require it to be remedied 
(1A) If no compliance he may by 
order prohibit the employment 
(2) he may by order prohibit the 
extraction or reduction of pillars or 
blocks
(3A) Anyone prohibited employment is 
to be entitled for full wages 
(4) Appeal against order of Inspector 
is to be made to chief Inspector within 
ten days 
(5) Chief Inspector or Inspector to 
send report of their order to Central 
Government 
(6) Appeal against order of Chief 
Inspector is to be made to Central 
Government within twenty days, 
Central Government is to refer it to 
Committee
(7) Order of Chief Inspector is to be 
complied with pending decision of the 
Committee
 Section 22A(1)- Power to prohibit 
employment in certain cases 
In respect to any matter relating to 
safety for which express provision is 
made Chief Inspector may give order 
in writing for compliance 
(2) If no compliance he may by order 
prohibit the employment 
(3) Anyone prohibited employment is 
to be entitled for full wages 
(4) Provisions of (5), (6) and(7) of 
Section 22 are to apply
 Section 23- Notice to be given of 
accidents 
 Section 24- Power of Government to 
appoint Court of Inquiry in accidents
 Section 25- Notice of certain diseases 
Section 26- Power to direct 
investigation of causes of disease 
Section 27- Publication of Reports
HOURS AND LIMITATION 
OF EMPLOYMENT 
 Section28- Weekly day of rest 
 Section 29- Compensatory days of 
rest 
 Section 30- Hours of work above 
ground 
forty eight hours a week, nine hours a 
day, no spreadover more than twelve 
hours, no five hours continuous work, 
maximum spreadover fourteen hours, 
two shifts not to do work of same kind 
at the same time
 Section 31- Hours of work below 
ground 
 Section 32- Night shifts 
 Section 33- Extra wages for overtime
 Section 34- Prohibition of employment 
of certain persons 
 Section 35- Limitation of daily hours 
of work including overtime work 
 Section 36- Notices regarding hours 
of work 
 Section 37- Supervising staff 
 Section 38- Exemption from 
provisions regarding employment
 Section 39- Power to make exepting 
rules 
 Section 40- Employment of persons 
below eighteen years of age 
 Section 43- Power to require medical 
examination 
 Section 45- Prohibition of the 
presence of persons bellow eighteen 
years of age in a mine 
 Section 46- Employment of women 
 Section 48- Registers of persons 
employed
LEAVE WITH WAGES 
 Section 49- Application of Chapter 
 Section 50- Leave defined 
 Section 51- Calendar year defined 
 Section 52- Annual leave with wages
 Section 53- Wages during leave 
period 
 Section 54- Payment in advance in 
certain cases 
 Section 55- Mode of recovery of 
unpaid wages
 Section 56- Power to exempt mines
Mines act-1952 over view
Mines act-1952 over view

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Mines act-1952 over view

  • 2. INRODUCTION  Indian Mines Act, 1923
  • 3. DEFINIITION  AGENT- In relation to a mine means every person appointed as such or not who acting or purporting to act on behalf of the owner, takes part in management, control, supervision or directio of mine  EMPLOYED- Who works as the manager or who works under appointment - in any mining operation
  • 4. - in operations or services relating to the development of the mine - in operating, servicing, maintaining or repairing of machinery - in operations, within premises of mine, of loading for dispatch - in any office of the mine - in welfare, health, sanitary or conservancy or watch and ward - in any kind of work preparatory or incidental to, or connected with, mining operations
  • 5.  MINE- Excavation for searching for and obtaining minerals and includes - all borings, bore holes, oil wells and accessory crude conditioning plants, including pipes - all shafts - all levels and inclined planes - all open cast workings - all conveyors and open ropeways - all audits, levels, planes, machinery, works, railways, tramways and sidings - all protective works
  • 6. - all workshops and stores - all power stations etc. - any premise to deposit sand for use in mine or to deposit refuse from mine - any premise for process ancillary to getting dressing or preparation for sale of minerals or of coke
  • 7.  MINERAL- All substances which can be obtained from the earth by mining, digging, dredging, hydraulicing, quarrying or any other operation and includes mineral oil  OFFICE OF THE MINE  OPEN CAST WORKING
  • 8.  OWNER means immediate proprietor or lessee or occupier and if business is carried on by liquidator or receiver, such liquidator or receiver but does not include person receiving royalty, rent or fine, mere proprietor of the mine subject to lease, grant or licence, mere owner of the soil not interested in the minerals, but contractor or sub-lessee for working of mine is subject to this Act as if he were an owner, but not so as to exempt the owner from any liability
  • 9.  REPORTABLE INJURY- Involving enforced absence from work for sevety two hours or more  SERIOUS BODILY INJURY-permanent loss of any part of body
  • 10.  BELOW GROUND - In shaft - in any excavation extending below superjacent ground  ABOVE GROUND - In open cast or not specified as above
  • 11.  Section 3- Act not to apply in certain cases The provisions of this Act except those in Sections 7,8,9,45 and 46 are not to apply to (a) any mine in which excavation is being made for prospecting purpose only, not for obtaining minerals for use or sale
  • 12. provided not more than twenty persons are employed, and depth of excavation from highest to lowest point nowhere exceeds six metres, and no part of excavation extends below superjacent ground
  • 13. (b) any mine engaged in extraction of kankar, murrum, laterite, boulder, gravel, single, sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay) building stone, slate road metal, earth, fullers earth, marl, chalk and lime stone provided workings are not extending below superjacent ground and in open cast depth is not more than six metres, number of persons employed not more than fifty and explosives are not used
  • 14. INSPECTORS AND CERTIFYING SURGEONS  Section 5- Chief Inspector and Inspectors  Section 6- Functions of Inspectors  Section 7- Powers of Inspectors of Mines  Section 8- Powers of Special Officer to enter, measure, etc.  Section 9- Facilities to be provided for occupational health survey
  • 15.  Section 10- Secrecy of information obtained
  • 16.  Section 11- Certifying Surgeon
  • 17. COMMITTEES  Section 12- Central Government is to constitute Committee for the purpose of the Act, consisting of (a) A person, not being Chief Inspector, to act as Chairman (b) Chief Inspector of Mines (c) Two persons to represent the interest of miners appointed by Central Government
  • 18. (d) Two persons to represent the interest of miners appointed by Central Government (e) Two qualified mining engineers not directly employed in mining industry provided one person in (c) and (d) represents the interest of workers in coal mines
  • 19.  Section 13- Functions of the Committee  Section 14- Powers etc. of the Committee  Section 15- Recovery of expenses
  • 20. MINING OPERATION AND MANAGEMENT OF MINES  Section 16(1)- Notice to be given of mining operations The owner, agent or manager of mine, before commencement of mining operation is to give notice to Chief Inspector, Controller Indian Bureau of Mines and District Magistrate in writing in form prescribed and particulars (2) To reach them one month before commencement of mining operation
  • 21.  Section 17(1)- Manager Every mine to be under a sole manager having prescribed qualifications appointed by owner or agent provided owner or agent, if qualified, may himself be the manager (2) Subject to instructions given by owner or agent, manager is to be responsible for over all management, control, supervision and direction of the mine- and all such instructions are to be confirmed in writing forthwith
  • 22. (3) Except in emergency, owner, agent or anyone on his behalf is not to give, otherwise than through manager, instructions affecting the fulfilment of his statutory duties to a person, employed in a mine, who is responsible to manager
  • 23.  Section 18(1)- Duties and responsibilities of owners, agents and managers Owner and agent to be responsible for making financial and other provisions and for taking steps necessary for compliance with provisions of this Act and regulations, rules, bye-laws and orders made thereunder
  • 24. (2) The responsibility in respect to matters provided for in rules under (d), (e) and (p) of Section 58 are to be exclusively carry out by owner and agent and person (other than the manager) appointed for securing compliance with these provisions (3) If carrying out of instructions under Section 17 given otherwise than manager results in contravention of the provisions of this Act, person giving instructions will be responsible for contravention (4) Owner, agent and manager are
  • 25. to be each responsible to see all operations are carried out according to provisions (5) In the event of any contravention besides the person contravening, supervisor, manager, owner and agent, et al will be responsible (6) Owner and agent are to be ultimately responsible even if manager and other officials or person under sub-section (2) has been appointed
  • 26. PROVISIONS AS TO HEALTH AND SAFETY  Section 19- Drinking water  Section 20- Conservancy  Section 21- Medical appliances
  • 27.  Section 22(1)- Powers of Inspectors when causes of danger not expressly provided against exists or when the employment of a person is dangerous Inspector may give notice in writing to require it to be remedied (1A) If no compliance he may by order prohibit the employment (2) he may by order prohibit the extraction or reduction of pillars or blocks
  • 28. (3A) Anyone prohibited employment is to be entitled for full wages (4) Appeal against order of Inspector is to be made to chief Inspector within ten days (5) Chief Inspector or Inspector to send report of their order to Central Government (6) Appeal against order of Chief Inspector is to be made to Central Government within twenty days, Central Government is to refer it to Committee
  • 29. (7) Order of Chief Inspector is to be complied with pending decision of the Committee
  • 30.  Section 22A(1)- Power to prohibit employment in certain cases In respect to any matter relating to safety for which express provision is made Chief Inspector may give order in writing for compliance (2) If no compliance he may by order prohibit the employment (3) Anyone prohibited employment is to be entitled for full wages (4) Provisions of (5), (6) and(7) of Section 22 are to apply
  • 31.  Section 23- Notice to be given of accidents  Section 24- Power of Government to appoint Court of Inquiry in accidents
  • 32.  Section 25- Notice of certain diseases Section 26- Power to direct investigation of causes of disease Section 27- Publication of Reports
  • 33. HOURS AND LIMITATION OF EMPLOYMENT  Section28- Weekly day of rest  Section 29- Compensatory days of rest  Section 30- Hours of work above ground forty eight hours a week, nine hours a day, no spreadover more than twelve hours, no five hours continuous work, maximum spreadover fourteen hours, two shifts not to do work of same kind at the same time
  • 34.  Section 31- Hours of work below ground  Section 32- Night shifts  Section 33- Extra wages for overtime
  • 35.  Section 34- Prohibition of employment of certain persons  Section 35- Limitation of daily hours of work including overtime work  Section 36- Notices regarding hours of work  Section 37- Supervising staff  Section 38- Exemption from provisions regarding employment
  • 36.  Section 39- Power to make exepting rules  Section 40- Employment of persons below eighteen years of age  Section 43- Power to require medical examination  Section 45- Prohibition of the presence of persons bellow eighteen years of age in a mine  Section 46- Employment of women  Section 48- Registers of persons employed
  • 37. LEAVE WITH WAGES  Section 49- Application of Chapter  Section 50- Leave defined  Section 51- Calendar year defined  Section 52- Annual leave with wages
  • 38.  Section 53- Wages during leave period  Section 54- Payment in advance in certain cases  Section 55- Mode of recovery of unpaid wages
  • 39.  Section 56- Power to exempt mines