MINES ACT, 1923

Act No. IV of 1923

( For statement of objects and Reasons, sec Gazette of India 1922, pt. V. p. 327 and for the Report of Joint Committee see ibid. 1923 p.t. V.p. 25.)

[23^rd^ February, 1923]

An Act

to amend and consolidate the law relating to the regulation and inspections of mines

Whereas it is expedient to amend and consolidate the law relating to the regulation and inspection of mines it is hereby enacted as follows:

[THE SCHEDULE]

[ENACTMENTS REPEALED.] Repealed by the Repealing Act, 1917 (12 of 1927), s. 2 and Schedule.

CHAPTER I ‑‑ Preliminary

1. Short title extent and commencement‑

(1) This Act may be called the ( The word Indian omitted by G.G.O. 4 of 1949. Schedule.) [* * * *] Mines Act 1923.

( Subs for the original sub section by Ord. XXI of 1960.) [(2) It extend to the whole of Pakistan]( Act applied to Baluchistan States Union vide G G O. 19 of 1953. and (ii) Khairpur States vide G.G.O. 24 of 1953 and (iii) Bhawalpur States vide G.G.O. 21 of 1953 Cl. (aa) substituted by Presidents Order 1 of 196 s 2 and Sch Subs for unclear substance oilfields and gas fields by P.O. 4 of 1975, dt. July 28 1975 s 2 (1) & sch Gaz. of Pak Extr. pt. 1 Aug 1.1975 p 435.)

(3) It shall come into force on the first day of July 1924.

  1. Saving the regulation 12 of 1887. Omitted by para, 3 and Sch I of the Government of India Adaptation of Indian Laws Order,1937.

3. Definitions. In this Act unless there is anything repugnant in the subject or context.

(a) agent. When used in relation to a mine. Means any person appointed or acting as the representative of the owner in respect of the management of the mine or of any part thereof. And as such superior to a Manager under this Act.

( Subs for Central Government ibidi s.2 (3).) [(aa) appropriate Government means in relation to mines of ( Subs for Central Government ibidi s.2 (3).) [unclear substances mineral oil, natural gas and liquids, and substances declared by Federal Law to be dangerously inflammable oil fields and gas fields the ( Clause (ccc) omitted by schedule to G. G. O. 4 of 1949.) [Federal Government and in relation to other mines the Provincial Government.

(b) Chief Inspector means the Chief Inspector to Mines appointed under this Act;

( Substituted by the Indian Mines (Amendment) Act, 1935 (5 to 1935 ) s.2 for the original clause.) [(c) Child means a person who has not completed his fifteenth year:

( This clause was interested ibid.) [(cc) day means a period of twenty-four hours beginning at midnight:

( Clause (ccc) omitted by schedule to G. G. O. 4 of 1949.)[* * * * * * * * * *( The Mines Act 1923 shall apply to the Federally Administered Tribal Areas, with immediate effect via Noti. SRO 220 (1) 2000 dt. 21-4-2000 Gaz. of Pak. Extr. Pt. II. April 28. 2000.)

(d) a person is said to be "employed" in a mine who works under appointment by or with the knowledge of the manager, whether for wages or not, in any mining operation, or in cleaning or oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or con nected with, mining operations;

(e) "Inspector" means an inspector of Mines appointed under this Act, and includes a District Magistrate when exercising any power or performing any duty of an inspector which he is empowered by this Act to exercise or perform;

(f) "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 all works, machinery, tramways and sidings, whether above or blow ground, in or adjacent to or belonging to a mine

Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke making or the dressing of:

(g) "owner" when used in relation to a mine, means say person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine or is merely the proprietor of the mine subject to any lease, grantor license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine but any contractor for the working of a mine car any like part thereof shall be subject to this Act ifs manner as it he were ear owner, but not so as to exempt the owner from any liability;

(h) "'prescribed" means prescribed by regulations, ruler or bye laws;

(i) qualified medical practitioner" means any person registered

( Words omitted by Ord. XXVII of 1981, s. 3 & Second Sch.c**)[ * * * * * * * * * ]**

under any Act of ( Subs. by Sch. to G. G. O. 4 of 1949, for any Legislature in British India".) [the ( Subs. for "Central" by P. O. 4 of 1975, Art 2 (I).) [Federal] Legislature or any Provincial Legislature, providing for the maintenance of a register of medical practitioners, and includes, in any area where no such last‑mentioned Act is in force, any person declared by the ( Subs. by P. O. 1 of 1964 s. 2 & Sch. for the words Central Government") [appropriate Government] by notification in the ( Subs. ibid for the words "Local Official Gazette".) [official Gazette], to be a qualified medical practitioner for the purposes of this Act;

(j) "regulations", rules" and "bye‑laws" means respectively., regulations, rules and bye‑laws under this Act ; 41,

( The clause was inserted by the Indian Mines (Amendment) Act, 1935 (5 of 1935).) [(jj) where work of the same kind is carried out by two or more sets of workers working during different periods of the day each of such sets is called a 'relay" ( Words added by Act XIV of 1973, s. 2 (a),) [and the period for which it works is called a shift"]

(k) "serious bodily injury" means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to any ( Subs. for "limb", by Act XLV of 1973 s. 2 (b).)[ part of the body], or the per manent logs of or injury to the sight or hearing, or the fracture of any ( Subs. for "limb", by Act XLV of 1973 s. 2 (b).) [part of the body] or the enforced absence of the injured person from work for a period exceeding twenty days; and

(1) "week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night.

[Notes:‑C. (d)‑a person "employed".‑Only a person working under an appointment with the knowledge of the manager in any mining operation or any other work incidental thereto is said to be "employed" in a mine. If he works without the manager's knowledge, he cannot be called "employed" in a mine and the manager will not in any way be responsible for such employment. It is immaterial whether the work is done for wages or without wages.

C. (g)‑"owner".‑The immediate proprietor, or lessee or occupier of the mine is deemed under the law to be the owner of a mine responsible for compliance with the provisions of this Act. A person who merely receives a royalty, rent or fine from the trine or is a mere proprietor having leased or licensed the spine to somebody else or is merely the owner of the soil not into tested in the minerals of the mine is not an owner" tinder the Act and hence not bound by the provisions of the Act.]

CHAPTER II

Inspectors

4. Chief Inspector and Inspectors, ‑(1) The ( Subs. By P. O. 1 of 1964 s. 2 & Sch. for the words "Central Government".) [appropriate Government] easy, by notification in the ( Subs. by the A. O 1937 for the words "Gazette of India .) [Official Gazette], appoint a duly qualified person to be Chief Inspector of Mines for the whole of ( Subs. by Ord. XXI of 1960 for the original.) [Pakistan] ( Added by president's Order 1 of 1964, sec. 2 & Sch.) [or, for the Province as the case may be], and duly qualified persons 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 ( Subs. by Ord. XXI of 1960 for the original.) [Pakistan].

(3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the ( Subs. By P. O. 1 of 1964 s. 2 & Sch. for the words "Central Government".)[appropriate Government]

Provided that nothing in this section shall be deemed to empower a District Magistrate to exercise any of the powers conferred by section 19 or section 33.

(4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860).

5. Functions of Inspectors.‑(1) 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 by this Act, and shall, subject as aforesaid, declare the local area or areas within which, or the group or class of mines with respect to which, Inspectors shall exercise their respective powers.

(2) The Inspector shall give information to owners, agents and managers of mines situate within the local area or areas or belonging to the group or class of mines, in respect of which he exercises powers under sub‑section (1) as to all regulations and rules which concern them respectively and as to the places where copies of such regulations and rules may be obtained.

6. 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 regula tions, rules and bye‑laws and of any orders made thereunder are observed in the case of any mine ;

(b) with such assistant (if any) as he thinks fit, enter, inspect and examine any mine or any part thereof to ( Words omitted. by Art XLV of 1973, s. 3 (a).)* * * * * *

(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 safety, ( Words added by Act XLV of 1971. s. 3 (b).) [health and welfare] of the persons employed in the mine ;

( Clauses (d), (e) & (f) added, ibid.) [(d) take, whether on the precincts of the mine or elsewhere, statement of any person which he may consider necessary for carrying out the purposes of this Act;

Provided that no one shall be required under this section to answer or give any evidence tending to criminate himself ;

(e) require the production of any books, registers or other docu ments, the keeping of which is prescribed, in order to see that they are in conformity with the provisions of this Act and rules and regulations framed thereunder and take into his custody, or make copies of, or extracts from, any such book, register of other document:

(f) after informing the manager of a mine or his representative, take or remove, for the purpose of analysis, samples of matters:, and substances used or handled in the mine]

7. Powers of special officer to enter, treasure, etc. Any person in the service of the ( Subs, for the word Crown by President's Order I of 1961, s. 2 & Sch.) [State] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, levelling or measuring in any mine, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or treasure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working if the mine ;

( Proviso added, by Act XLV of 1973, s. 4.)[Provided that no such notice need be given if, for reasons to be recorded, the Chief Inspector or Inspector is of opinion that there is an emergency.]

8. 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 I all reasonable facilities or making any entry, ins pection, survey, measurement, examination or inquiry under this Act.

9. Secrecy of information obtained.‑ (1) All copies of, and extracts from, registers or other records appertaining any mine, and all other information acquired by the Chief Inspector of an Inspector or by any one assisting him, it the course of the inspection of any spine under this Act or acquired lay any person authorised under section 7 in the exercise of his ditties thereunder shall he regarded as confidential, ( Added by the Indian Minos (Amendment) Act 1937 (29 of 1937) s. 3.)[ and shall not he disclosed to any person tuber than a Magistrate ( Words added by Act, XLV of 1973. s. 5.) [or a Commissioner for Workmen's Compensation appointed under the Workmen's Compensation Act, 1923 (VIII of 1923) or an official superior or the owner, agent or manager of the mine concerned, unless the Chief inspector or the Inspector considers disclosure necessary to ensure the or with the safety of any persons].

(2) If the Chief Inspector, or an Inspector, or any other persona referred to in sub‑section (1) discloses ( Subs for the word to any one, other than a Magistrate or an Officer to whom he is aubordinate by the Indian Mines (Amendment) Act. 1937 (29 of 1937), s. 3.) [contrary to the provisions of sub‑section (1)] any such information at aforesaid without the consent of ( Subs. by the A. O, 1937 for the words "the Governor-General in Council on of the Local Government".) [the ( Subs. by P. O. 1 of 1864, s. 2 and Sch. For Central Government]:) [appropriate Government]] he shall be guilty of a breach of official trust., and shall lie punishable ( Subs. for the words in the matter provided by section 4 of the Indian, Official Secretes Act, 1889 by s. 2 and Sch. I of the Repealing and Amending Act, 1926, (37 of 1926)) [with imprisonment for a term which may extend to one year, or with fine or with both].

(3) No court shall proceed to the trial of any offence, under this section ( Subs. by Act 29 of 1937, s. 3 for the original words as amended A. O. 1937.) [except with the previous sanction of the Central Government.

CHAPTER III

Mining Boards, and Committee

10. Mining Board. ‑(1) the ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may constitute ( Subs. by the A. O. 1937 for the words, for the province or for any Part of the Provinces.) [for any part] of ( Sub. by Ord: XXI of 1990.) [Pakistan] ( Added by President's Order 1 of 1984. Sec. 2 & Sch.) [or, as the case may be, of the Province] or far airy group or class of mines ( The words "in the provinces were repealed by A. O. 1937**)** * * * * a Mining Board consisting of :

(a) a person in the service of the ( Subs. for "Crown" by President Order 1 of 1881 s. 2 & Sch. II.)[state], not being the Chief Inspec tor or an Inspector, nominated by the 2[appropriate Government] to act as Chairman ;

(b) the Chief Inspector or an Inspector,

( Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 3 for the original clause.) [(c) a person, not being the Chief Inspector or an Inspector, nominated by the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government :]

(d) two persons nominated by owners of mines or their representatives in such manner as may be prescribed ;

( Added, ibid.) [(e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions :‑

(i) if there are one or more registered trade unions having in the aggregate as members not less than one quarter of the miners, the said persons shall be nominated by such trade union or trade unions in such manner as , may be pres cribed ;

(ii) if sub‑clause (i) is not applicable and there are one or more registered trade unions having in the, aggregate as members not .less than 1,000 miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appro priate Government] ;

(iii) if neither sub‑clause (1) nor sub‑clause (ii) is applicable, the said persons shall be nominated by the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government].( Punjab Govt. constitute a Mining Board for all classes of mines in Punjab (other than Nuclear Substances Oil fields) in supersession of all previous notification Lab. VI-7-14-78 dt. 4 Feb. 1979. Pb. Gaz. Extr. 17 March 1979, p. 431.)

Explanation.‑In this clause `miner' means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted.]

(2) The chairman shall appoint a person to act as secretary to the Board.

(3) The ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government] may give directions as to the pay ment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member.

11. Committees.‑‑(1) Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of‑

(a) a chairman nominated by the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government] or by such officer or authority as the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government] may authorise in this behalf;

(b) a person nominated by the chairman and qualified by experience to dispose of the question referred to the Committee; and

(c) two persons of whorl one shall be nominated by the owner, agent or manager of the mine concerned and the other shall be nomi nated by the ( Subs. by P. O. 1 of 1964 for the words Central Government".) [appropriate Government] to represent the interests of the persons employed in the mine.

(2) No Inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a Committee appointed under this section.

(3) Where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub‑section (1), the Committee may, not with standing such failure, proceed to inquire into and dispose of the matter referred to it.

(4) The Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the mine, and shall report its decision to the ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government.]

(5) On receiving such report the ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] shall pass orders in conformity therewith unless the Chief Inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the Committee, in which case the ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may proceed to review such decision and to pass such order in the manner as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or manager of the mine.

(6) The ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may give directions as to the remu neration, if any, to be paid to the members of the Committee or any of them, and as to the payment of expenses of the inquiry including such remuneration.

12. Powers of Mining Boards.‑(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it.

(2) Every Mining Board constituted, under section 10 and every Com mittee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects ; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so with the meaning of section 176 of the Pakistan Penal Code (XLV of 1960).

13. Recovery of expenses. ‑The ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the 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 ( Subs. for the words "owner, agent or manager" by s. 2 and Sch. I of the Repealing and Amending Act, 1925 (37 of 1925)) [owner or agent].

CHAPTER IV

Mining Operation and Management of Mines

( Sec. 14 Subs. for the original by Act XIV of 1973, s. 7.)[14. Notice before commencement of mining operations. ‑(1) The owner, agent or manager of a mine shall, in the case of an existing mine within one month from the ( Commencement date of Mines (Amendment) Ordinance, 1978 8th April 1979.**)**commencement of the Mines (Amendment) Ordinance, 1973, or in the case of proposed mining operations, not less than fifteen days before the commencement of such operations, give to the Chief Inspector and the District Magistrate of the district in which the mine is situated or the opera tions will commence notice in writing in such form and containing such particulars as may be prescribed.

(2) If the proposed operations in respect of which notice is given under sub‑section (1) are not commenced within sixty days from the date on which the notice was given, the said notice shall be deemed to have expired and no operations shall commence except after a notice has been given in accordance with that sub‑section.]

15. Managers.‑(1) Save as may be otherwise prescribed, every mine shall be under one manager who shall have the prescribed qualifications and 'shall be responsible for the control, management and direction of the mine, and the owner or agent of every mine shall appoint himself or some other person, having such qualifications, to be such manager.

(2) If any mine is worked without there being a manager for the mine as required by sub‑section (1), the owner and agent shall each be deemed to have contravened the provisions of this section.

16. Duties and responsibilities of owners, agents and managers.‑(1) The owner, agent and manager of every mine shall be responsible that all opera tions carried on in connection therewith are conducted in accordance with the provisions of this Act and of the regulations, rules and bye‑laws and of any orders made there‑under.

(2) In the event of any contravention of any such provisions by any person whomsoever, the owner, agent and manager of the mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing those provisions to prevent such contravention:

Provided that the owner or agent shall not be so deemed if he proves‑

(a) that he was not, in the habit of taking and did not in respect of the matter in question take any part in the management of the mine; and

(b) that he had made all the financial and other provision: necessary to enable the manager to carry out his duties;, and

(c) that the offence was committed without his knowledge, consent or connivance.

(3) Save as hereinbefore provided, it shall not be a defence in any proceedings brought against an owner or agent of a mice under this section that a manager of the mine has been appointed in accordance with the pro visions of this Act.

[Notes.‑Although the owner, agent and manager are each deemed to be guilty of any contravention but in effect the person actually responsible for the management of the mine i.e., the manager is liable as provided in the proviso to this section.]

CHAPTER V

Provisions as to Health and Safety

**17. Conservancy.‑**There shall be provided and maintained for every mine latrine and urinal accommodation of such kind on such scale, and such supply of water fit for drinking, as may be prescribed.

18. Medical Appliances. ‑‑At every mine ( Words omitted, ibid, s. 8.)* * * * such supply of am bulances or stretchers and of spinets, bandages and other medical requirements as may be prescribed, shall be kept ready at hand in a convenient place and in good and serviceable order.

19. Powers, of Inspectors when causes of danger not expressly provided against exist or whist employment of persons is dangerous. ‑(1) If, in any respect when is not provided against by any express provision of this Act or of the regulations, rules or bye‑laws or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part thereof or any matter, tuning or practice in or connected with toe mine, or with the control, management or direction thereof, is dangerous to human life, ( Word added, ibid, s. 11 (a).) [health] or safety, or defective so 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 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 as he may specify in the notice.

( This sub‑section was inserted by s. 2 of the Indian Mines (Amendment) Act. 1938 (I of 1986) as amended by s. 2 of the Indian Mines (Amendment) Act, 1937 (29 of 1937).) [(1‑A) Without prejudice to the generality of the provisions contained in sub‑section (i), the Chief Inspector or the Inspector may, in any area to which the ( Subs. P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may by notification in the ( Subs. by the A. O. 1937 for the words Gazette of India":) [Official Gazette] declares that this sub‑section applies**(** Provisions of sub‑section (I‑A) applied from 26 June, 1965 to all mines in West Pakistan, other than mines of nuclear substances, oil‑fields and gas‑fields. Gaz. of West Pak. Extr. 3‑6‑1968.) by order in writing addressed to the owner, agent or manager of mine,‑

( The bracket and letter "(a)" omitted by s. 3 of Act 21 of 1940.)* * * prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, such operation is likely to cause the crushing of pilars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion adequate provision against the out break of fire ( Words added by Act XLV of 1973. s. 11 (b).) [or flooding] has not been made by providing for 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 a fire ( Words added by Act XLV of 1973. s. 11 (b).) [or flooding].

( The words "or" and clause (b) omitted, by s. 3 of Act 21 of 1940.)* * * * * * *

And the provisions of sub‑sections (3), (4), (5) and (6) shall apply to an order made under this sub‑section as they apply to an order made under sub section (2).]

(2) 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, ( Comma & word added, by Act XLV of 1973 s. 11 (c).) [health] or safety of any person employed in any mine or part thereof. he may, by an order in writing containing a statement of the grounds of his opinion, prohibit until the danger is removed, the employment in or about the mine or part thereof any person where employment is not in his opinion reasonably necessary for the purpose of removing the danger.

(3) Where an order has been made under sub‑section (2) by an Inspector, the owner, agent or manager of the mine may, within ten days after they con firm, modify or cancel the order.

(4) The Chief Inspector or the Inspector making a requisition under sub section (I) or an order under‑section (2), and the Chief Inspector making an order (other than so order of cancellation) in appeal under sub‑section (3), shall forthwith report the same to the ( Subs. P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] and shall inform the owner, agent or manager of the mine that such report has been so made.

(5) If the owner, agent or manager of the mine objects to a requisition made under sub‑section (1) or to an order made by the Chief Inspector under sub‑section (2), or sub‑section (3), he may, within twenty days after the receipt of the notice containing the requisition of the order or after the date of the decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to the ( Subs. P. O. 1 of 1964 for the words "Central Government".) [appropriate Government], which shall refer the same to a Committee.

(6) Every requisition made under sub‑section (1), or order made under sub‑section (2) or sub‑section (3) to which objection is made under sub‑section:

(5) 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 tine owner, agent or manager, suspend the operation of a requisition under sub‑section (1) pend ing its decision on the objection,

(7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code Criminal Procedure, 1898 (V of 1898).

20. Notice to be given of accidents.( Sub‑sections (1), (1‑A), (1‑B) subs. for the original subsection (1) by Act XLV of 1973, s. 12.)[(1) Whenever there occurs in or about a mine‑

(a)an accident causing loss of life or serious bodily injury, or

(b) an accidental explosion, ignition, spontaneous heating, outbreak of fire or eruption 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) an electric shock or burn caused by contact with a conductor carrying more than 25 volts, or

(g) any other accident that may be prescribed,

the owner, agent or manager of the mine shall give notice of the occurrence to such authorities, in such form and within such time as may be prescribed.

(1A) Where a notice given under sub‑section (1) relates to an accident causing loss of life, the Inspector shall make, or, where the authority receiving the notice is one other than the Inspector, that authority shall cause the Inspector to make, an inquiry into the occurrence as early as possible on receipt of such notice or on Information receiv ed otherwise.

(1B) When an accident causing loss of life occurs, the place of ac cident shall not be disturbed or tampered with for three clear days from the date of such accident unless the Inspector has earlier inspected it or given intimation that it is not proposed to make an inquiry:

Provided that the place of accident may be disturbed if it is necessary for securing the safety of the mine or the persons employed therein, subject to the following conditions :‑

(a) the decision that it is necessary . to disturb the place must be taken by the manager ;

(b) the disturbance must not prejudice subsequent investigation ;

(c) the workers' representative must have reasonable opportunity to inspect the place if be wishes ;

(d) an accurate plan must be made and copies thereof made avail able to the Inspector and the workers' representative ; and

(e) everything which is relevant to the accident must be preserved as far as possible, in the condition in which it was at the time of the accident.]

( Sub‑sections (2) and (3) were added by the Indian Mines (Amendment) Act, 1935 (6 of 1935).) [(2) The ( Subs. by P. O. 1 of 1964 for the words "Central Government".) [appropriate Government] may, by notification in the ( Subs. by the A O., 1937 for the words "Local Official Gazette".) [Official Gazette] direct that accidents other than those specified in subsection (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty‑eight hours, shall be entered in a register in the prescribed form shall be subject to the provisions of sub‑section (1).

(3) A copy of the entries in the register referred to in the sub‑section (2) shall be sent by the owner, agent or manager, of the mine, within fourteen days after the 30th day of June and the 31st. day of December in each year to the Chief Inspector.]

21. Power of Government to appoint court of inquiry in cases of accidents. ‑(1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in or about any mine, the ( Subs. by P. O. 1 of 1984 for the words "Central Government".)[appropriate Government] if it is of opinion that a formal inquiry into the causes of, and circumstances attending, the accident ought to be held, may appoint a competent person to hold such inquiry, and may also appoint any person or 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 power of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860).

(3) A 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 ( Subs. by P. O. 1 of 1984 for the words "Central Government".) [appropriate 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.

22. Publications of reports. ‑The ( Subs. by P. O. 1 of 1984 for the words "Central Government".) [appropriate Government] may cause any report submitted by a committee under section 11 ( Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for the word "or".) [and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit.

CHAPTER VI

Hours and Limitation of Employment

( Subs. by the Indian Mines (Amendment) Act. 1935 (5 of 1935). s. 7 for the original section 23.**) [23. Prohibition of employment of certain persons.‑**No person shall be allowed to work in a mine who has already been working in any other mine within the preceding twelve bouts.]

( Subs. for the original section, by Mines (Amendment) Act, 1961, s. 3.) [24. Supervising staff.‑Nothing in section 22‑B, section 22‑C, section 23, sub‑section (4) of section 23‑B, or in section 23‑C shall apply to persons who may by rules be defined to be persons holding responsible positions of mana gerial or technical character or employed in health and welfare services or employed in any confidential capacity ]

[Notes. ‑ Persons deemed to bold responsible positions of managerial or technical character or employed in health and welfare services or employed in any confidential capacity have been specified in rule 22 of the consolidated Mines Rules, 1951 viz. Assistant Managers, under‑managers, overman, mechanical engineers, engine‑wrights, electricians, electrical engineers, driliers‑in‑charge, surveyors, inspectors of works or overseers, clerks, accountants, time keepers, administrative officers, superintendents, doctors, dispensers, health officers, welfare officers and labour inspectors.

These persons are exempt from restrictions on weekly or daily working hours either above ground or below ground working in more than one mine within the proceeding twelve hours, etc. as provided in sections 22‑B, 22‑C, 23, 23‑B (4) & 23‑C.]

25. Exemption from provisions regarding employment.( Sec. 26 renumbered as sub‑section (1) by Act XLV of 1973, s. 17.) [1] In case of an emergency involving serious risk to the safety of the mine or of persons em ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of ( Subs. by Act 6 of 1936 for "s, 23, or s. 23‑A," s. 10.) [section 22‑A. section 22‑B, section 22 C, section 23 or sub‑section.(A) of section 23‑B]‑on such work as may be necessary to protect the safety of the mine or of the persons employed therein

Provided that, where such occasion arises, a record of the fact shall im mediately be made by the manager and shall be placed before the Chief Inspec tor or the Inspector at his next inspection of the mine.

( Sub‑sections (2), (3), (4), (6), added, by Act XLV of 1973.) [(2) When as a result of grant of an exemption to any mine from the provisions of section 22‑A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of rest of which he has been deprived.

(3) In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, fine limit of hours of work provided in section 22‑B or section 22‑C may, with the prior approval of the Chief Inspector, be raised to not more than fifty‑six hours in any week or ten hours in any day.

(4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22‑A, section 22‑B or section 22‑C for a period not exceeding ninety days in arty calendar year, within the maximum limits of‑‑

(a) ten hours of work in any one day, and

(b) twelve hours of spread over, inclusive of intervals for rest or meal, in any one day.

(5) Subject to the maximum limits specified in sub‑section (4), the ap propriate Government may, by order, grant permanent exemption, to such extent and subject to such conditions as may be specified in the order, to a class of workers engaged either on preparatory car complementary work which must necessarily be carried on outside the mines or on work which is essentially intermittent].

26. Children.‑No child shall be employed in a mine, or be allowed to be present in any part of a mine which is below ground.

27. Dispute as to age. ‑(1) If any question arises between the Chief inspector or the Inspector and the manager of any mine as to whether any Per son is a child ( Inserted by the Indian Mines (Amendment) act, 1935 (6 of 1935), s. 13.) [or has not completed his seventeenth year] the question shall, in the absence of a certificate as to the age of such person granted in the pres cribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner.

(2) Every certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practi tioner on a reference under sub‑section (1) shall, for the purposes of this act, be conclusive evidence as to the age of the person to whom it relates.

( Substituted by the Indian Mines Amendment Act. 1936 (6 of 1925), s. 14 for the original section.) [28. Register of employees.‑(1) For every mine there shall be kept, in the prescribed form and place a. register of all persons employed in the mine showing, in respect of each such person :‑

(a) ( Subs. for the nature" by Act 19 of 1964, s. 6.) [name, date of birth and the nature] of his employment,

(b) the periods of work fixed for him,

(c) the intervals for rest, if any, to which he is entitled,

(d) the days of rest to which he is entitled, and

(e) where work is carried on by a system of relays, " the relay to which be belongs.

(2) The entries in the register prescribed by sub‑section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter.

(3) No person shall be employed in a mine until the particulars required by sub‑section (1) have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register.

(4) For every mine which the ( Substituted by P. O. 1 of 1964 for "Central Government".) [appropriate Government] may, by general or special order, declare this sub‑section to be applicable, there shall be kept in the prescribed form and place a register which shall show at any moment the name of every person then working below ground in the mine ]

CHAPTER VII

Regulations Rules and Bye‑Laws

29. Power of ( Substituted by P. O. 1 of 1984 for "Central Government".)[appropriate Government] to made regulations.‑ The ( Substituted by P. O. 1 of 1984 for "Central Government".) [appro priate Government] may, by notification in the ( Substituted by the A. O., 1937 for the words "Gazette of India".) [Official Gazette], make regula tions consistent with this Act for all or any of the following purposes, namely

(a) for prescribing the qualifications to be required by a person for appointment as Chief Inspector or Inspector ;

(b) for prescribing and regulating the duties and powers of the Chief inspector and of Inspectors in regard to the inspection of mines under this Act ;

(c) for prescribing the duties of owner, agents and managers of mines and of persons acting under them ;

(d) for prescribing the qualifications of managers of mines and of persons acting under them ;

(e) for regulating the manner of ascertaining, by examination of other wise, the qualifications of managers of mines and, persons acting under them, and the granting sod renewal of certificates of competency ;

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

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

(h) for providing for the making of inquiries‑into charges of misconduct or incompetence on the part of managers of mines and persons action under them and for the suspension and cancellation of to of competency ;

( Cl. (hh) added by Act XLV of 1978, s. 21 (a).) [(hh) for providing for the appointment in mines wherein two hundred and fifty or more persons are ordinarily employed of such number of welfare and safety officers as may be specified and for prescribing the qualifications and the duties to be performed by such officer;]

(i) for regulating subject to the provisions of the Explosives Act, 1884 (IV of 1884), and of any rules made thereunder, the storage and use of explosives ;

( Cl. (ii) added, ibid, s. 21 (b).) [(ii) for regulating, subject to the provisions of the electricity Act, 1910 (IX of 1910), and the rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the nee of all electrical apparatus and electrical cables in mines ;]

(j) for prohibiting, restricting or regulating the employment in mines or in any class of mines of women either below ground or on particular kinds of labour which are attended by danger to the life, safety or health of such women ;

( Clause (jj), & (jjj) added. ibid, s. 21 (c).) [(jj) for providing for and regulating the training of persons before they are employed in mines and also bring the period of employment at such intervals as may be prescribed;

(jjj) for providing for and regulating the medical examination of the persons before they are employed in mines and also during the period of employment at such intervals as may be prescribed ;]

(k) for providing for the safety of the persons employed in a mine, their means of entrance there into and exit there from, the number of shafts or outlets to be furnished, and the fencing of shafts or outlets, pathways and subsidence ;

( Ins. by Act 24 of 1940, s. 4.) [(kk) for prohibiting the employment in a mine either as manager or in any other specified capacity of any persons except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine] ;

(l) for providing for the safety of the roads and working place in mines, including the sitting and maintenance of pillars and the maintenance of sufficient barrios between mine and mine ;

( Clauses (ll) & (lll) added by Act XLV of 1973, s. 21 (d).) [(ll) for prescribing the size of travelling roads in a mine, through which load is carried by human agency and limit of load and the distance to which it a carried ;

(lll) for providing for and regulating the inspection of workings, disused working and sealed off fire areas in mines and for the restriction of working in a mine under or in the vicinity of goaves or the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public roads, or buildings; ] ;

(m) for providing for ( Inserted by the Indian Mines (Amendment) Act, 1936 (11 of 1930), s. 3.) [and regulating] the ventilation of mines and the action to be taker, in respect of ( Words and commas subs. for the original, ibid, s. 21 (f).) [ionising radiations, radioactive gases and dust, fire and inflammable] and noxaious gases ;

(n) for providing for the care, and regulation of the use, of all machinery, ( Words and commas added, by Act XLV of 1978, s, 21 (e),) [plant, equipment and material in mines,

( Clause (nn) added, ibid, s. 21 (g).) [(nn) for providing for the safety of persons present on haulage roads in mines and for prohibiting, restricting or regulating the use of certain classes of locomotive underground; ] ;

( Clause (o) subs. for the original, ibid, s. 21 (h).) [(o) for providing for adequate and suitable lighting in mines and for requiring and regulating the use of safety lamps and for the search of persons entering a mine for the prescribed prohibited articles ; ] ;

( Clause (oo) added, ibid. s. 2l (i).) [(oo) for prescribing protective equipments and. clothings and breath ing apparatus for all persons or classes of persons. employed in mines or classes of mines and requiring and regulating the use of such protective equipments, clothings and apparatus;] ;

( Substituted by the Indian Mines (Amendment) Act, 1988 (2 of 19881, s, 8, for the original clauses. ) [(p) for providing against explosions or ignitions or irruptions of or accumulations of water in mines and against danger arising there from, and for prohibiting restricting or regulating the extraction of minerals in circumstances likely to result in or to aggravate irruptions of water or ignitions in mines;]

(q) for prescribing the notices of accidents and dangerous occurrences, and the notices, reports and returns of minerals output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines, and for pres cribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted;

( Clause (qq) added, by Act XLV of 1978, s. 31 (j).) [(qq) ‑for prescribing the form of, the authorities to whom, and the time within which, the notice required by sub‑section (i) of section 20‑A shall be sent by the owner, agent or manager of a mine, and the fees to be paid to the medical practitioners under sub‑section (5) of that section ; ] ;

(r) for prescribing the plans to be kept by owners, agents and managers of mines and the manner and places in which such plans are to be kept for purposes of record ;

(s) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about miners.

(t) for prescribing the form of, arid the particulars to be contained in. the notice to be given by the owner, agent or manager of a mine under section 14; and

(u) for prescribing the notice to be given, by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty yards of any railway subject to the provisions of the Railways Act, 1890 (IX of 1980), or of any public work or classes of public work: which the ( Substituted by P. O. 1 of 1934 for "Central Government.)[appropriate Government] may, by general or special order, specify in this behalf.

30. Power of ( Substituted by P. O. 1 of 1934 for "Central Government.) [appropriate Government] to make rules. ‑‑The ( Substituted by P. O. 1 of 1934 for "Central Government.) [appropriate Government may ( The words "subject to the control of the Governor-General in Council were repealed, by the A. O. 1937.)* * * * notification in the ( Substituted ibid, Local Official Gazette'".) [Official Gazette] snake rules consistent with this Act for all or any of the following purposes, namely:

(a) for providing for the appointment of chairman and members of Mining Boards, and for regulating the procedure of such Boards;

( Inserted by the Indian Mines (Amendment) Act. 1135 (5 of 1936) s. 15.) [(aa) for prescribing the form of the register referred to in sub‑section (2) of section 20;] ,

( Clause (aaa) added by Act XLV of 1973, s. 22 (a).) [(aaa) for requiring facilities and security of service to be provided to managers of mines rind other persons acting, under theta for en abling them to efficiently discharge their duties ; ] ;

(b) for providing for the appointment of courts of inquiry under section 21, for regulating the procedure and powers of such courts, for the payment of travelling allowance to the members and for the recovery of the expenses of such courts from the manager, owner or agent of the mine concerned.

( Ins. by Ord. 17 of 1996. s. 2.) [(bb) for requiring the maintenance in mines wherein any women are ordinarily employed 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 ordinarily employed in the mine, the number and standards of such rooms, and the nature and extent of the supervision to be provided therein ;]‑

( Ins. by Act 3 of 1946, s. 3.) [(bbb) for requiring for the maintenance at or near pit‑heads of bathing places equipped with whoever baths and of locker‑rooms for the use of men employed, and for prescribing, either generally or with particular reference to the number of men and women ordinarily employed in a mine, the number and standards of such places and rooms ;

( Clause (bbbb) added by Ord. VII. of 1973, s. 22 (b).)[(bbbb) for prescribing the standard in respect of construction, accommo dation, furniture and other equipment of the canteens, the food stuffs to be served therein and the charges which may be made therefore and the representation of the persons employed in the mines in the management of such canteens ; ] ;

(c) for prescribing the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking water, ( Words rind Commas added, ibid. a. 22 (c).) [the standard of first‑aid rooms and shelters; the equipment and furniture therein and the nature and extent of super vision to be provided therefore,] the supply and maintenance of medical appliances and comforts, ( The words "the formation and training of rescue brigades" were repealed by the Indian Mines (Amendment) Act. 1938 (11 of 1938), s. 4.)* * * * and the training of men in ambulance work ;

( Inserted by the Indian Mines (Amendment) Act, 1928, (13 of 1928), s. 6.) [(CC) for prescribing the forms of notices required under section 23‑B, and for requiring such notices to be posted also In specified vernaculars ;

( Inserted by Act 19 of 1951, s. 6.) [(ccc) to fix seven consecutive hours between 7 p.m. and 7 a.m. for the purposes of section 26‑B ;

(cccc) to specify the circumstances in which and conditions in accordance with which a young person may be employed or permitted to work as an apprentice or for the purposes of receiving vocational training in a mine for the purposes of the proviso to section 26‑B ;]

(d) for defining the persons who shall, for the purpose of section 24, be deemed to be persons holding positions of supervision or manage went or employed in a confidential capacity ;

(e) for‑prohibiting the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner ( Substituted for the words "to be (more than thirteen years of age" by the Indian Dunes (Amendment) Act, 1935, s. 15.) [to, have completed their fifteenth year], and for prescribing the manner and the circumstances in which such certificates may be granted and revoked ;

( Inserted by the Indian Mines (Amendment) Get 1935, (8 of 1935), s. 15.) [(ee) for prescribing the form of the certificates of fitness required by section 26‑A and the circumstances in which such certificates may be granted and revoked ;]

(f) proscribing the form of ( Substituted ibid. for "register".) [registers] required by section 28;

( Clauses (ff) & (fff) added by Act XLV of 1973, s. 22 (d).) [(ff) to fix the time rates for persons employed on piece‑rated and for requiring the maintenance of payment registers overtime work and prescribing the form thereof ;

(fff) for prescribing the forms in which record of applications leave, the grant or refusal thereof and the payment of w during leave and holidays with wages is to be kept ; ] ;

(g) for prescribing abstracts of this Act ( Inserted by the Repealing and Amending Act. 1925 (37 of 1925), s. 2 and Sch, I.) [and of the regulations and rules] and the vernacular in which the abstracts and ( The words "the regulations, rules and" were repealed, ibid.**)* * * ****bye‑laws shall be posted as required by sections 32 and 33 ;

(h) for requiring the fencing of any mine or part of a mine whether the same is being worked or not, where such fencing is necessary for the protection of the public ;

(i) for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in ( Subs. for "His Majesty" by P. O. 1 of 1961.) [Government] or any local authority or railway company as defined in the‑Railways Act, 1890 (IX of 1890) ;

(j) for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports ; the persons and authorities to whom they are to be furnishsd., the particulars to be contained in them, and the times within which they are to be submitted ; and

(k) generally to provide for any matter not provided for by this Act or the regulations, provision for which is required in order to give effect to this Act.

31. Prier publication of regulations anal rules ‑(1) The power to make regulations and rules conferred by section 29 ( Substituted by the Indian Mines (Amendment) Act, 1937 (29 of 1937) s. 5, for the word and figure "and '30".) [30 and 30‑A] is subject to the condition of the regulations and rules being made after previous publication.

(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act. 1897 (X Of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information.

(3) Before the draft of any regulation ( The words "or rule" were repealed by tire Indian Mines (Amendment) Act, 1928 (13 of 1928) s. 7.) * * * * * is published under this section it shall be referred ( The words "in the case of a regulstion" were repealed, ibid.)* * * * * to every Mining Board constituted in ( Subs. by Ord. XXI of 1960.) [Pakistan] ( Inserted by the Indian Mines (Amendment) Act. 1935) (5 of 1936). s. 16.) [which is, in the opinion of the ( Substituted by P. O. 1 of 1964 for the words `Central Government".) [appropriate Government], concerned with the subject dealt with by the regulation] ( The words "and in the care of a rule to every Mining Board constituted in the pro vince" were repealed by the Indian Mines (Amendment) Act. 1928 (13 of 1928), s. 7.)* * * * and the regulation ( The words "or rule" were repealed by tire Indian Mines (Amendment) Act, 1928 (13 of 1928) s. 7.) * * ** * shall not be so published until each such Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.

( Inserted by the Indian Mines (Amendment) Act, 1928 (13 of 1928).) [(3‑A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted ( Substituted by the A. O. 1937 for the words "in the province for which it is proposed to make the rule".) [in the part of ( Subs. by Ord. XXI of 1960 for the provisions and the Capital of the Federation",) [Pakistan] affected by the rule], and unless each Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its pro visions.]

(4) Regulations and rules shall be published in the ( Substituted by the A. O., 1937 for the words " Gazette of India".) [Official Gazette] ( The words "and the Local Official Gazette, respectively" were repealed, ibid.**)* * * ****and, on such publication, shall have effect as if enacted in this Act.

( Added by Ord. 17 of 1996, s. as amended by Act 2 of 1964, s. 4**)** [(5) The provisions of sub‑sections (1), (2) and (3‑A) shall not apply to the first occasion on which rules referred to in clause (bb) ( Ins. by Act 1 of 1984, s. 3.) [or clause (bbb)] of section 30 are made.]

32. Bye‑laws.‑ (1) The owner, agent or manager of a mine may, and shall if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye‑laws, not being inconsistent with this Act or any regulations or rules for the time being in force, for the control and guidance of the persons acting in the management of, or employed in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.

(2) If any such owner, agent or manager‑

(a) fails to submit within two months a draft of bye‑law after being called upon to do so by the Chief Inspector or Inspec tor, or

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

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

(ii) propose such amendments in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient,

and shall send such draft bye‑laws or draft amendments to the owner, agent or manager; as the case may be, for consideration.

(3) If within a period of two months from the date on which any draft bye‑laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, or agent or manager under the provisions of sub‑section (2) the Chief Inspector or Inspector and the, owner, agent or manager, are unable to agree as to the terms of the bye‑laws to be made under sub‑section (1) the Chief Inspector or Inspector shall refer the draft bye‑laws for settlement to the Mining Board or, where there is no Mining Board, to such officer or authority as the ( Substituted by P. O. 1 of 1904 for the words "Central Government".)[appropriate Government] may, by general or special order, appoint in this behalf.

(4) (a) When .such draft bye‑laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye‑laws shall be sent by the Chief Inspector or Inspector to the ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] for approval.

(b) The ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] may make such modifications of the draft bye‑laws as it thinks fit.

(c) Before the ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] approves the draft bye laws, whether with or without modifications, there shall be published, in such manner as the ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] may think best adapted for informing the persons affected, notice of the proposal to make the bye‑laws and of the place where copies of the draft bye‑laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft, bye‑laws, made by or on behalf of persons affected should be sent to the ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government].

(d) Every objection shall be in writing and shall state‑

(i) the specific grounds of objection, and

(ii) the omissions, additions and modifications asked for.

(e) The ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye‑laws either in the form in which they were published or after making such amendments thereto as it thinks fit.

(5) The bye‑laws, when so approved by the ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government], shall have effect as if enacted in this Act, and the owner, agent or the manager of the mine shall cause a copy of the bye‑laws, in English and in such vernacular or vernaculars as may be prescribed, to be posted up in some conspicuous place at or hear the mine, where the bye‑laws may be conveniently read or seen by the persons employed; and, as often as the same became defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch.

(6) The ( Substituted by P. O. 1 of 1904 for the words "Central Government".) [appropriate Government] may by order in writing rescind, in whole or in part, any bye‑law so made, and thereupon such bye‑law shall cease to have effect accordingly.

33. Posting up of extracts from Act, regulations, etc.‑There shall be kept posted up or near, every mine in English and in such vernacular or vernaculars as may be prescribed, the prescribed abstracts of the Act and of the regulations and rules.

CHAPTER VIII

Penalties and Procedure

34. Obstruction. ‑(1) Whoever obstructs the Chief Inspector, an Inspector or any Person authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, an Inspec tor or such person any reasonable facility for making any entry, inspection, exa mination or inquiry authorised by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ( Subs. for "five hundred" by Act XLV of 1973, s. 24 (a).)[one thousand] rupees, or with both.

(2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent, any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this Act shall be punishable with fine which may extend to ( Subs. for "three", ibid, s. 24 (b).) [six] hundred rupees.

35. Falsification of records, etc.‑Whoever‑

(a) counterfeits, or knowingly makes a false statement in, any certi ficates, or any official copy of certificates, granted under this Act, or

(b) knowingly uses as true any such counterfeit or false certificate, or

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

(d) falsifies any plan or register or record the maintenance of which is required by or under this Act,

(e) makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true.

shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ( Subs. for "five hundred", ibid, s. 25.) [one thousand] rupees, or with both.

36. Omission to furnish plans, etc. ‑Any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner at or within the prescribed time any plan, return, notice, register, record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to ( Subs. for "two". ibid, s. 26**)** [four] hundred rupees.

37. Contraventions of provisions regarding employment of labour. ‑Whoever save as permitted by section 25 contravenes any provision of this Act or of any regulation, rule or bye‑law or any order made thereunder prohibiting, res tricting or regulating the employment or presence of persons in or about a mine shall be punishable with fine which may extend to ( Subs. for "five hundred", ibid, s. 27.) [one thousand] rupees.

38. Notice of accidents. ( Original section 38 was renumbered subsection (1) by the Indian Mines (Amend ment) Act, 1353 (5 of 1953), s. 17.) [(1)] Wherever, in contravention of the provision ( These words, brackets and figures were inserted, ibid.) [of sub‑section (1)] of section 20, fails to give notice of any accidental occurrence shall, if the occurrence results in serious bodily injury be punishable will fine which may extend to ( Subs. for "five hundred" by Act XLV of 1973, s. 28.) [one thousand] rupees or, if the occurrence results loss of, life, be punishable with imprisonment which may extend to the months or with fine which may extend to ( Subs. for "five hundred" by Act XLV of 1973, s. 28.) [one thousand] rupees, or will both.

( This subsection was added by the Indian Mines (Amendment) Act, 1953 (5 of 1953), s. 17.) [(2) Whoever in contravention of a direction made. by the ( Substituted by P. O. 1 of 1984 for the words "Central Government.") [appropriate Government] under sub‑section (2) of section 20 fails to record in the presented register or to give notice of any accidental occurrence shall be punishable with fine which may extend to five hundred rupees.]

39. Disobedience of orders. ‑Whoever contravenes any provisions of the Act or of any regulation, rule or bye‑law or of any order made thereunder for the contravention of which no penalty is hereinbefore provided shall be punish able with fine which may extend to ( Subs. for "one" by Act XLV of 1973, s. 29.) [two] thousand rupees, and, in the case of a continuing‑ contravention, with a further fine which may extend to ( Subs. for "one" by Act XLV of 1973, s. 29.) [two hundred rupees for every day on which the offender is proved to have persisted in the contravention after the date of the first conviction.

40. Contravention of law with dangerous results. ‑(1) Notwithstanding anything hereinbefore contained. whoever contravenes any provision of this Act or of any regulation, rule or bye‑law or of any order made thereunder, shall be punishable, if such contravention results in loss of life, with. imprisonment which may extend to one year, or with fine which may extend to ( Subs. for "two" ibid, s. 30 (a),) (four) thousand rupees, or with both; or, if such contravention results in serious bodily injury, with imprisonment which may extend to six months, or with fine which may extend to ( Subs. for "one thousand", ibid, s. 30 (b).) [two thousand] rupees, or with both; or, if such contravention otherwise causes injury, or danger to workers or other persons in or about the mine with imprisonment which may extend to one month, or with fine which may extend to ( Subs. for "five hundred", ibid, s. 30 (c).) [one thousand] rupees or with both.

(2) Where a person having been convicted under this section is again convicted thereunder, be shall be punishable with double the punishment provided by sub-section (1).

(3), Any Court imposing, confirming in appeal, revision or otherwise, a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured, or, in the case of his death, to his legal representative

Provided that, if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal bas been presented, before the decision of the appeal.

( Sec. 40‑A added, by Act XLV of 1973 s. 31.**) [40‑A. Special provision regarding fine.‑**Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees authorised by this, Act on any person convicted of an offence there‑under.]

41. Prosecution of owner, agent or manager.‑No prosecution shall be instituted, against any owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the District Magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector.

( Sec. 43 subs. for the original. ibid. s. 32.) [42. Limitation of promotion.‑No court shall take cognizance of any offence under this Act unless complaint thereof has been made ‑

(f) within six months of the date on which the offence is alleged to have been committed, or

(ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, or

(iii) in any case where a person has beet, appointed by the appro priate Government under motion 21 to hold an inquiry, within six months of the date of the making of the report referred to in sub‑section (4) of that section, whichever is the later.]

43. Cognizance of Offences‑ ‑No Court inferior to that of a ( The words "Presidency Magistrate or" omitted by Sch to G. G. O. 4 of 1949.) [* * * * *] Magistrate of tine first class shall try any offence under this Act which is alleged to, have been committed by any owner agent or manager of a mine or any offence which is, by this Act made punishable with imprisonment. a

44. Reference to Mining Board or Committee in lies of prosecution in certain cases.‑(1 ) If the Court trying any case instituted at the instance of the Chief Inspector or of the District Magistrate or of an Inspector under this Act is of opinion that the case is one which should in lieu of a prosecution, be referred to a Mining Board or a Committee, it may stay the Criminal proceedings and report the matter to the ( Substituted by P. O. 1 of 1964 for the words "Central Government'",) [appropriate Government] with a view to such reference being made.

(2) On receipt of a report under sub‑section (1), the ( Substituted by P. O. 1 of 1964 for the words "Central Government'",) [appropriate Government] may refer the case to a Mining Board or a Committee, or way direct the Court to proceed with the trial.

CHAPTER IX

Miscellaneous

45. Decision of question whether a mine is under this Act .‑If any question arises as to whether any excavation or working is a mine within the meaning of this Act, the ( Substituted by P. O. 1 of 1964 for the words "Central Government'",) [appropriate Government] may decide the question, and a certificate signed by a Secretary of the ( Substituted by P. O. 1 of 1964 for the words "Central Government'",) [appropriate Government shall be conclusive on the point.

(* Labour Court I Labour Court II & Labour Court III in Bulchistan empowered under S. 35(5)(c) of Industrial Relation Ordinance to by offence under the Mines Act. 1923 Noti. 2‑31‑71‑Labour dt. 12 Jan. 1380 & 17 Feb. 1930. Baluchistan Gaz. Extr. 14 Jan. 1980 & 23 Feb.1980.)

46. Power to exempt from operation of Act : (1) The ( Substituted by the A. O., 1937 for words "Governor General in Council".) [appropriate Government] may, by notification in the ( Substituted by the A. O., 1937 for words "Governor General in Council".) [Official Gazette], exempt ( Substituted ibid, for words "Gazette of India".) [either absolutely or subject to any specified conditions] any local area or any mine or group or class of mines or any part of a mine or any class of persons from the operation of all or any specified provisions of this Act:

Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 26 unless it is also exempted from the operation of all the other provisions of this Act:

( Inserted by the Indian Mines (Amendment) Act, 1935 (5 of 1935) s. 18.) [Provided further that no exemption from the operation of the provisions of section 23‑C shall be granted unless, in case of an emergency, the national interest so requires and the employers' and workers' organisation have been consulted.]

( Proviso added by Act, VII of 1987, s. 3.) [Provided further that no exemption from the operation of the provi sions of section 22-B or section 22‑C or section 25‑A shall be granted except in the event of war or other emergency threatening the national safety.

( Proviso added by Act XLV of 1973, s. 33.)* * * * * * * * *

47. Power to alter or resind orders ‑The ( Sub‑section (3) was repealed by the A. O., 1937.) [appropriate Government] ( Substituted by P. O. 1 of 1964 for the words "Central Government".)* * * may reverse or modify any order passed under this Act ( The words "end every Local Government" were repealed, by the A. O. 1937.)* * ** *

48. Application of Act to ( Subs. for "Crown" by P. O. 1 of 1961.) [Government] mines .‑This Act shall apply to mines belonging to the ( The words "by any authority subject to his or its control as the may be" were repealed, ibid.) [Government].

**49. Saving.‑**No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or in tended to be done under this Act.

  1. [Repeals] Repealed by the Repealing Act, 1917 (12 of 1927), s. 2 and Schedule.

( Sections 17‑A and 17-B added by Act XLV of 1973, s. B.)[17‑A. Canteens.‑At every mine wherein more than one hundred per sons are ordinarily employed, a canteen of such standard as may be prescribed shall be provided for the use of persons employed therein.

17‑B. Shelters.‑There shall be provided and maintained for use of persons working above ground to a mine, during intervals for rest, shelters of such standard and on such scale as may be prescribed.]

( See. 18‑A added, ibid, s. 10.) [18‑A. First aid rooms.‑‑At every mine in respect of which the appro priate Government may, by notification in the official Gazette, declare tats section to apply, there shall be provided first‑aid rooms of such size, with such equipment and in charge of such medical and nursing staff as may be prescribed.]

( Sec. 20‑A added by Act XLV of 1973 s. 13.) [20‑A. Notice of occupational diseases. (1) Where any person employed in a mine contracts or is believed to have contracted any disease notified by the appropriate Government in the official Gazette as an occupational disease peculiar to any mining operation, 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) The appropriate Government may, by order, appoint such qualified medical practitioners on such terms and conditions as it thinks fit to be certifying doctors for the purpose of this section within such local limits as it may specify in the order.

(3) If the Chief Inspector or an Inspector has reason to believe that any person working in a mine has contracted a disease notified under sub‑section (1), he may refer that person to the certifying doctor for his opinion.

(4) If any qualified medical practitioner attends on a person who is or has been employed in a mine and who is or is believed by the medical prac titioner 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 suffer ing ; and

(c) the name and address of the mine in which the patient is or was last employed.

(5) Where the report under sub‑section (4) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying doctor 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 contracted the disease.

(6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the owner, agent or manager of the mine to shift for any specified period a person who has contracted an occupational disease to such working place where there is less or no danger of aggravation of the disease.]

( Sections 22‑A to 22‑D were inserted by s. 6, ibid.) [22‑A. Weekly, day of rest.‑‑No person shall be allowed to work in a mine on more than six days in any one week.

22‑B. Hours of work above ground. ‑(1) A person employed above ground in a mine shall not be allowed to work for more than ( Subs. for "fifty four", by Act XLV of 1973, s. 14 (s).) [forty eight] hours in any week or for more than ( Subs. for "ten", ibid, s. 14 (b).) [eight] hours in any day.

(2) The periods of work of any such person shall be so arranged that. along with his intervals for rest, they shall not in any day spread over more than twelve hours, and that be shall not work for more than six hours before he bas bad an interval for rest of at least one hour.

(3) Persons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment :

Provided that for the purposes of this sub‑section persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times.

[Notes. Previously hours of work for persons employed above ground were limited 55 hours a week and ten hours a day. The Amending Act of 1973 revised this limit to forty eight hours a week land eight hours a day.]

22‑C. Hours of work below ground. ‑(1) A person employed below ground in a mine shall not be allowed to work for more than ( Subs. for "nine" by Act XLV of 1973. s. 15.)[eight] hours in any day.

(2) Work of the same kind shall not be carried on below ground is any mine for a period spreading over than ( Subs. for "nine" by Act XLV of 1973. s. 15.) [eight] hours in any day except by a system of relays so arranged that the periods of work for each relays are not spread over more than ( Subs. for "nine" by Act XLV of 1973. s. 15.) [eight] hours.

(3) No person employed in a mine shall be allowed to be in any part of the mine below ground except during the periods of work shown in respect of him in the register kept under sub‑section (1) of section 28.

[Notes. ‑An important amendment was made in this section by the Mines (Amendment) Act, 1973 by fixing the limit of daily hours of work and spreadover to eight hours instead of nine hours previous to this amendment.]

22‑D. Special provision for night relays.‑Where a worker works in a relay whose period of work extends over midnight, the ensuing day for him shall be deemed to be the period of twenty‑four hours beginning at the end of the period of work fixed for the relay, and hours be has worked after midnight shall be counted towards the previous day.

23‑A. Limitation of working hours.] Repealed by the Indian mines [Amendment) Act, 1935 (S of 1935), s. 8.

( Inserted by the Indian Mines (Amendment) Act 1928 (13 of 1928), s. 3.) [23‑B. Notices regarding bouts of work .‑(1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and. if it is proposed to work by a system of ( Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 9 for "shifts".) [relays]. the time of the commencement and of the end of work for each ( Subs. by s. 9, ibid. for ''shift".) [relays]. ( Inserted by R. P. ibid.) [The notice shall also state the time of the commencement and of the end of the intervals for rest fixed for persons employed above ground] A copy of each such notice shall be sent to the Chief Inspector, if he so requires.

(2) In the case of a mine at which mining operations commence after the 14th day of April, 1930. the notice referred to in sub‑section (1) shall In posted not less than seven days before the commencement of work.

(3) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any ( Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 9 for "shifts".) [relay or in the rest intervals fixed for persons employed above ground] an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change:

( The words: "If he so requires or if the original notice ores sent to him" were repelled by s, 9. ibid.)* * * * * * * *

( Inserted s. 9. ibid.) [(4) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub‑section (1) ]

( Sec. 23‑C subs. for the original be Act XLV of 1973. s. 16.) [23‑C. Employment of women.‑ (1) No woman shall be employed in any part of a mine which is below ground.

(2) No woman shall be allowed to work in a mine above ground between the hours of 7 P.M. and 6 A. M.

(3) The previsions of this section shall not apply to women who do tot perform manual work and are‑

(a) holding positions of managerial or technical character ; or

(b) employed in health and welfare services.]

( Sec. 25‑A added, s. 18.) [25‑A. Extra stages for overtime.‑(1) Where in a mine a person. works for more than eight hours in any day or works for more than forty‑night hours in any week, whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him.

Explanation.‑In this sub‑section ordinary rate of wages means all remuneration capable of being expressed in terms of money which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include ‑

(i) the value of any house‑accommodation, supply of light, water, medical attendance or other amenity ;

(ii) any contribution paid by the owner to any pension fund or pro vident fund ;

(iii) any travelling allowance or the value of travelling concession ;

(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment ; or

(v) any gratuity, bonus, overtime allowance or share in profits of the mine.

(2) Where any person employed in a mine is paid on a piece‑rate basis the appropriate Government, in consultation with the employer concerned and the representatives of the persons employed in the mine may, for the purposes of this section fix time rates as nearly as possible equivalent to the average rate of earnings of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rates of wages of such persons.

(3) The appropriate Government may prescribe the registers that shall be maintained in a mine for the purpose of securing compliance with the provisions of this section.]

( Inserted by Act 5 of 1935, s. 12.)[26‑A. Young persons not to be employed without certificates of fitness. No person who has not completed his seventeenth year shall be ( Subs. for 'allowed to be present in any part of a mine which is below ground" by Act VII of 1967, s. 2.) [employed to any part of a mine], unless:

(a) a certificate of fitness in the prescribed form and granted to him by a qualified medical practitioner is in the custody of the manager of the mine, and

(b) he carries while at work a token giving a reference to such certificate.]

[Notes.‑Young persons below the age of seventeen are not to be employed in any part of a mine unless they possess a certificate of fitness and carry a token to this effect. Previously this stipulation existed for those young persons only working below ground, but the mines (Amendment) Act, 1973 has provided that these conditions apply to all young persons in any part of a mine whether above ground of below ground ]

( Inserted by Act 19 of 1951. s. A.) [26‑B.‑‑No person who his not completed his seventeenth year shall be permitted to work in any part of a mine, either below ground or above ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest of atleast twelve consecutive hours which shall include at -least such seven consecutive hours between the hours of 7 P.M. and 7 A.M. as may be prescribed

Provided that nothing in this section shall apply to any such person while employed or permitted to work in any mine as an apprentice or for the pur pose of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed]

( Proviso added by Act XLV of 1973, s. 19.)[Provided further that such person shall be granted a rest period of at least thirteen consecutive hours between two working periods.]

[CHAPTER VIA]

( Chapter VI‑A comprising section 28‑A, 28‑B, 28‑C, 28‑D, 98‑B, 28‑F, 28‑G inserted, by Act XIV of 1873, s. 20.)

Leave and Holidays with Wages

28‑A. Application of the Chapter.‑‑ Nothing in this Chapter shall affect any right or, privilege to which a person employed in a mine has been entitled on the date**(** Date of corning into force of Mines (Amendment) Ordinance 1978 is 8th April 1973.) of coming into force of the Mines (Amendment) Ordinance, 1973, under any existing law or under any award, agreement, settlement, contract, custom or usage if such right or privilege is more favourable to him, nor shall such right or privilege be combined with, or be in addition to, the benefits under the provisions of this chapter.

28‑B. Annual leave with wages.‑‑(1) Every person who has completed one year of continuous service in a mine shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated, at the rate of‑

(a) one day for every seventeen days of work ‑performed below ground during the previous period of twelve months ;

(b) one day for every ‑twenty days of work performed above ground during the previous period of twelve months

Provided that a period of leave shall be inclusive of any holiday which may occur during such period.

(2) If a person employed in a mine does not, in any such period of twelve months, take the leave to which he is entitled under sub‑section (1), either in whole or in part, such leave not taken by him shall be added to the leave to be allowed to him under that sub‑section in the succeeding period of twelve months :

Provided that such person shall cease to earn leave under this section when the leave due to him amounts to twenty days:

Provided further that any leave applied for by a person but refused by the owner, agent or manager of the mine for any reason shall be added to the credit of such person beyond the aforesaid limit.

(3) If a person entitled to leave under sub‑section (1) is discharged be fore he has been allowed the leave or, if having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under section 2R‑E in respect of the leave.

(4) For the purpose of this section, a person shall be deemed to have completed a period of continuous service in a mine notwithstanding any inter ruption in service during that period due to‑

(a) any holiday;

(b) any leave with wages:

(c) any leave, with or without wages, due to sickness or accident ;

(d) any maternity leave not exceeding twelve weeks ;

(e)any period of lay‑off arising due to failure, refusal or inability of any owner on account of shortage of coal, power or raw material or the accumulation of stock or the breakdown of machinery or for any other reason, to give employment to a person whose name is borne in the muster rolls of his mine ; or

(f) a strike which is not illegal or a lockout which is not legal.

28‑C. Festival holidays ‑‑Every person employed in a mine shall be allow ed, with wages, such festival holidays as are declared by' the appropriate Government to be public holidays.,

28‑D. Casual leave and sick leave.‑Every person employed in a mine shall be entitled in a year to ten days' casual leave on full wages and sixteen days' sick leave on half average wages

Provided that casual leave or sick leave admissible under this section shall not be accumulated and carried forward to the succeeding year.

[Notes.‑ Sections 28‑A, 28‑B, 28‑C & 28‑D.‑This new Chapter VI‑A providing substantial leave benefits to miners was added by the Mines (Amendment) Act, 1973. Previously no leave benefits were available to mine workers. The existing benefits are as under :‑

(i) Annual leave with wages.‑One day leave for every seventeen days of work below ground during previous twelvemonths and for those employed above ground the entitlement is one day leave for every twenty days of work cumulative upto 20 days in both cases. Leave is only due on completion of one year of continuous service, otherwise not but interrup tions in service caused by any holiday, leave with wages, any leave (with or without wages) due to sickness or accident, maternity leave upto 12 weeks, lay‑off by the owner, a strike which is not illegal or a lock‑out which is not legal do not affect the continuity of service i e., inspite of such interruptions service will be deemed as continuous if there are no other interruptions besides these.

(ii) Festival holidays with wages.‑Such festival holidays as declared by the appropriate Government to be public holidays.

(iii) Casual leave with wages.‑Ten days in a year, but it cannot be accumulated and carried forward to the succeed ing year.

(iv) Sick leave.‑Sixteen days on half average wages in a year but it cannot be accumulated and carried forward to the succeeding year.

For wages allowed during leave or holidays payment is to be made at the rate of the daily average of wages for the days on which a person actually worked during the preceding three months. Leave allowed tinder these section is inclusive of any holiday which may occur during such period.]

28‑E. Wages during leave or holiday periods.‑For, the leave or holidays allowed to a person under the provisions of this Chapter, he shall be paid‑

(a) in case of lease with full wages, at the rate equal to the daily average of his wages for the days on which be actually worked during the preceding three months ; and

(b) in case of leave with half average wages, at the rate equal to half daily average of this wages as aforesaid.

28‑F. Payment in advance in certain cases.‑Any person who bas been allowed leave for not‑less than four days under section 28‑B shall, before his leave begins, be paid the wages due for the period of the leave allowed.

28‑G. Power of Inspector to act for workers.‑Any Inspector may institute proceedings on behalf of any person who has been or is employed in a mine to recover any sum required to be, but not, paid by an owner, agent or manager in accordance with this Chapter:

( Inserted the Indian Mines (Amendment) Act 1938 (11 of 1938). s. I.)30‑A. Power of ( Substituted by P. O. 1 of 1984 for the words "Central Government".) [appropriate Government] to require rescue stations to be established.‑ The ( Substituted by P. O. 1 of 1984 for the words "Central Government".) [appropriate Government] may, by notification in the ( Substituted for the words "Gazette of India" ibid.) [Official Gazette] make ( Substituted for the word "regulations" by the Indian Mines (Amendment) Act, 1937 of 1937). s. 4.) [rules] under this section‑

( Substituted for the original clauses (a) (b), (c), and (d), ibid.) [(a) requiring establishment of central rescue stations for groups of specified mines or for all mines in a specified area, and prescribing how and by whom such stations shall be established ;

(b) providing for the management of central rescue stations, and regulating the constitution, powers and functions of, and the conduct of business by, the authorities (which shall include representatives of the owners and managers of, and of the miners employed in, the mines or groups of mines concerned) charged with such management ;

(c) prescribing the position, equipment, control, maintenance and functions of control rescue stations ;

(d) providing for the levy and collection of a duty of excise (at a rate not exceeding ( Subs. for "six pies" by Act XLV of 1973, s.23.)[three paisa] per ton) on coke and coal produced in and despatched from mines specified under clause (a) in any group or included under clause (a) in any specified area, the utilisation of the proceeds thereof for the creation of a central rescue station fund for such group or area and the administration of such funds ;

(e), providing for the formation, training, composition, and duties of rescue brigades ; and

(f) providing generally for the conduct of rescue work in mines.]

( Inserted by the Indian Mines (Amendment) Act, 1938 (11 of 1936), s. 6.) [31‑A. Power to make regulations without previous publication. ‑Notwithstanding anything contained in sub‑sections (1), (2) and (3) of section 31, regulations under clause (i) and clause (k) to (s) inclusive of section 29 may be made without previous publication and without previous reference to Mining Boards, if the ( Substituted by P. O. of 1964 for the words "Control Government."') [appropriate Government] is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from‑such publication and reference

Provided that any regulations so made shall not remain in force for more than two years from the making thereof.]

26‑B. ‑‑( Inserted by Act 19 of 1951. s. A.) No person who his not completed his seventeenth year shall be permitted to work in any part of a mine, either below ground or above ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest of atleast twelve consecutive hours which shall include at -least such seven consecutive hours between the hours of 7 P.M. and 7 A.M. as may be prescribed

( Sec. 9-A added, by Ord. VII of 1973, s. 6.) [9-A, Secrecy of source of compliant.‑‑The Chief Inspector or an Inspector shall treat as absolutely confidential the source of any complaint bringing to his notice a, defect or breach or any provision of this Act or any rules or regulations made thereunder and shall not give any intimation to the owner of the mine or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.]

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