NIDHI SHUKLA

XISS
1. Short title, extent and commencement
2. Definitions :
3. Act not apply in certain cases
4. Reference to time of day
5. Chief Inspector and Inspector
6. Functions of inspectors –
7. Powers of Inspectors of Mines
8. Powers of special officers to enter, measure, etc.
9. Facilities to be afforded to inspectors
10. Secrecy information obtained :--
11. Certifying Surgeons
12. Committees
13. Functions of the committee –
14. Powers, etc. of the Committees –
15. Recovery of expenses
16.Notice to be given of mining operations –
17. Managers
18. Duties and responsibilities of owners, agents and managers
19. Drinking water ---
20. Conservancy –
21. Medical appliance :
22. Powers of Inspectors when causes of danger not expressly
provided against exist or when employment of persons is
dangerous:-
22A Power to prohibit employment in certain cases:
23. Notice to be given of accidents
24. Power of Government to appoint court of enquiry in cases of
accidents:-
25. Notice of certain diseases
26. Power to direct investigation of causes of diseases
27. Publication of reports
28.Weekly day of rest
29.Compensatory days of rest
30. Hrs of work above ground
31. Hrs of work below ground
32. Night shifts
33. Extra wages for overtime
34.Prohibition of employment of certain
persons
35.Limitation of daily hrs of work
36. Notices regarding hrs of work
37. Supervising staff :-
38. Exemption from provisions regarding
employment:-
39. Power to make exempting rules:-
40. Employment of persons below eighteen
years of age :- Mine (Amendment) Act, 1983
43. Power to require medical examination
45. Prohibition of the presence of persons
below eighteen years of age in a mine
46. Employment of women :
48. Register of persons employed:-
49. Application of Chapter ( leave with wages ch Vll)
50. Leave defined
51. Calendar year defined
52. Annual leave with wages
53. Wages during leave period
54. Payment in advance in certain cases
55. Mode of recovery of unpaid wages
56.Power to exempt mines
57.Power of CG to make regulations( ch Vlll)
58.Power of CG to make rules
59. Prior publication of regulations and rules
60. Power to make regulations without previous
publication
61. Laying of regulations, rules and bye-laws
62. Posting of abstracts from Act, regulations etc.
63- Obstruction
64- falsification of records
65- use of false certificates of fitness
66- omission to furnish plans
67-contravention of provisions regarding employment of labour
68.Penalty for employment of children below 18 yrs of age
69- failure to appoint manager
70- notice of accidents
71-owner etc. To report to Ch. Inspector in certain cases
72. Obligations of persons employment in a mine
72 A special provisions for contravention of certain regulations
72B special provision for contravention of order under sec 22
72C. Special provision for contravention of law with dangerous
results-
73. General provision o disobedience to orders
74.Enhanced penalty after previous conviction
75.Prosecution of OAM
76. Determination of owner in certain cases
77. Exemption of OAM in certain cases
78.Power of courts to make orders
79. Limitation of prosecutions
80. Cognizance of offences
81.Reference to committee in lieu of prosecution in certain
cases
82. Decision of question whether mine is under this Act-( ch X –
miscellaneous)
83.Power to exempt from operation of this Act
84. Power to alter or rescind any order
85.Application of act to mines belonging to government
85A. Persons required to give notice etc. legally bound to do so.
85B. Signing of returns, notices etc.
85C. No fee or charge to be realised for facilities and
conveniences –
86. Application of certain provision of Act 63 of 1948 to mines (
Factories Act)
87. Protection of action taken in good faith –
88. Repeal of Act 4 of 1923 Rep by the Repealing and Amending
Act. 1959 (36 of 1957) S.2
and Sch.1.
(a) omitted
(b) “adult” means a person who has completed his
eighteenth year.
(c) “agent”, when used in relation to a mine, means
every person, whether appointed as such or not,
who, acting or purporting to act on behalf of the
owner, takes part in the management, control,
supervision or direction of the mine or of any part
thereof:
(d) “Chief Inspector” means the Chief Inspector of
Mines appointed under this Act;
(e) “Committee” means a committee constituted under
section 12:
(f) “day” means a period of twenty-four hours beginning
at mid-night;
(g) “district magistrate” means, in a presidency-town,
the person appointed by the Central Government to
perform the duties of a district magistrate under
this Act in that town;
(h) a person is said to be “employed” in a mine
who works as the manager or who works under
appointment by the owner, agent or manager of
the mine or with knowledge of the manager,
whether for wages or not.
(i) in any mining operation (including the
concomitant operations of handing and
transport of minerals up to the point of despatch
and of gathering sand and transport thereof to
the mine)
(ii) in operations or services relating to the
development of the mine including construction
of plant therein but excluding construction of
buildings, roads, wells and any building work not
directly connected with any existing or future
mining operations:
;
(iii) in operating, servicing, maintaining or
repairing any part or any machinery used in
or about the mine;
(iv) in operations, within the premises of the
mine of loading for despatch of minerals;
(v) in any office of the mine:
(vi) in any welfare, health, sanitary or
conservancy services required to be
provided under this Act, or watch and ward,
within the premises of the mine excluding
residential area; or
(vii) in any kind of work whatsoever which is
preparatory or incidental to, or connected
with mining operations;
 (i) “Inspector” means an Inspector of
Mines appointed under this Act, and
includes a district magistrate when
exercising any power or performing any
duty of an Inspector which he is
empowered by this Act to exercise or
perform;
(i) “mine” means any excavation where any operation for
the purpose of searching for or obtaining minerals has
been or is being carried on and includes -
(i) all borings, bore holes, oil wells and accessory crude
conditioning plants, including the pipe conveying mineral
oil within the oilfields:
(ii) all shafts, in or adjacent to and belonging to a mine,
whether in the course of being sunk or not:
(iii) all levels and inclined planes in the course of being
driven;
(iv) all opencast workings;
(v) all conveyors or aerial ropeways provided for the
bringing into or removal from a mine of minerals or other
articles or for the removal of refuse therefrom;
(vi)all adits, levels, planes, machinery works, railways,
tramways and sidings in or adjacent to and belonging to a
mine;
(vii) all protective works being carried out in or adjacent to
a mine;
(viii) all workshop and store situated within the precincts of
a mine and the same management and used primarily for
the purposes connected with that mine or a number of
mines under the same management;
(ix) all power stations, transformer sub-stations converter
stations : rectifier stations and accumulator storage
stations for supplying electricity solely or mainly for the
purpose of working the mine or a number of mines under
the same management;
(x) any premises for the time being used for depositing sand
or other material for use in a mine or for depositing refuse
from a mine or in which any operations in connection with
such material and refuse or other material is being carried
on, being premises exclusively occupied by the owner of
the mine:
(xi) any premises in or adjacent to and belonging to a mine or
which any process ancillary to the getting, dressing or
operation for sale of minerals or of coke is being carried
on;
(jj) “minerals” means all substances
which can be obtained from the earth by
mining, digging, drilling, dredging,
hydraulicing, quarrying, or by any other
operation and includes mineral oils
(which in turn include natural gas and
petroleum):
(k) “office of the mine” means any office
at the surface of the mine concerned;
(kk) “Open cast working” means a quarry,
that is to say an excavation where any
operation for the purpose of searching
for or obtaining minerals has been or is
being carried on, not being a shaft or an
excavation which extends below
superjacent ground.
“owner” when used, in relation to a mine,
means any person who is the immediate
proprietor or lessee or occupier of the mine or
of any part thereof and in the case of a mine
the business whereof is being carried on by
liquidator or receiver, such liquidator or receiver
but does not include a person who merely
receives a royalty rent or fine from the mine,
subject to any lease grant or licence for the
working thereof, or is merely the owner of the
soil and not interested in the minerals of the
mine; but (any contractor or sub-lessee for the
working of a mine or any part thereof shall be
subject to this Act in like manner as if he were
an owner, but not so as to exempt the owner
from any liability;
(m) “Prescribed” means prescribed by rules,
regulation or byelaws, as the case may ;
(n) “qualified medical practitioner” means a
medical practitioner who possesses any
recognised medical qualification as defined
in clause (h) of section 2 of the Indian
Medical Council Act, 1959 and who is
enrolled on a state medical register as
defined in clause (k) of that section:)
(o) “regulations” “rules” and “bye-laws”
means respectively regulations, rules and
bye-laws made under this Act;
(p) where work of the same kind is carried
out by two or more sets of persons
working during different periods of the
day each of such sets is called a “relay”
(and each of such periods is called a
“shift”,)
(pp)”reportable injury” means any injury
other than a serious bodily injury which
involves, or in all probability will involve,
the enforced absence of the injured
persons from work for a period of
seventy-two hours or more.
(q) “serious bodily injury” means any
injury which involves; or in probability
will involve the permanent loss of any
part or section of a body or the use of
any part or section of a body, or the
permanent loss of or injury to the sight
or hearing or any permanent physical
incapacity or the fracture of any bone or
one or more joints or bones of any
phalanges of hand or foot.
(r) “week” means a period of seven days
beginning at midnight on Saturday night
or such other night as may be approved
in writing for a particular area by the
Chief Inspector or an Inspector.
(2) A person working or employed or employed
in or in connection with a mine is said to be
working or employed –
(a) “below ground” if he is working or
employed –
(i) in a shaft which has been or is in the course
of being sunk; or
(ii) in any excavation which extends below
superjacent ground; and
(b) “above ground” if he is working in open
cast working or any other manner not
specified in clause (a)
 3. (1) Act not to apply in certain cases. The
provisions of this Act, except those contained in
sections 7, 8, 9, 40, 45 and 46 shall not apply to-
 (a) any mine or part- thereof in which excavation is
being made for prospecting purposes only and not
for the purpose of obtaining minerals for use or sale:
Provided that-
 (i) not more than twenty persons are employed on
any one day in connection with any such
excavation;
 (ii) the depth of the excavation measured from its
highest to its lowest point nowhere exceeds six
metres or, in the case of an excavation for coal,
fifteen metres; and
 (iii) no part of such excavation extends below super-
jacent ground; or
 (b) any mine engaged in the extraction of
kankar, murrum, laterite, boulder, gravel,
shingle, ordinary sand (excluding moulding
sand, glass sand and other mineral sands),
ordinary clay (excluding kaolin, china clay,
white clay or fire clay), building stone, 2[
state,] road metal, earth, fullers earth,[ marl,
chalk] 2 and lime stone: Provided that-
 (i) the workings do not extend below
superjacent ground; or
 (ii) where it is an open cast working-
 (a) the depth of the excavation measured from
its highest to its lowest point nowhere exceeds
six metres;
 (b) the number of persons employed on any one
day does not exceed fifty; and
 (c) explosives are not used in connection with
the excavation
 (2) Notwithstanding anything contained in
sub-section (1) the Central Government
may, if it is satisfied that, having regard to
the circumstances obtaining in relation to
mine or part thereof or ground or class of
mines, it is necessary or desirable so to
do by notification in the official Gazette,
declare that any of the provisions of this
Act, not set out in sub section (1) shall
apply to any such mine or part thereof or
group of class of mines or any class of
persons employed therein.
 (3) Without prejudice to the provisions
contained in sub-section (2), if at any time
any of the conditions specified in the
provision to clause (a) or clause (b) of sub-
section (1) is not fulfilled in relation to any
mine referred to in that sub-section the
provisions of this Act not set out in sub-
section (1), shall become immediately
applicable, and it shall be the duty of the
owner, agent or manager of the mine to
inform the prescribed authority in the
prescribed manner and within the prescribed
time about the non-fulfilment.
 In this Act, reference to time of day are
reference to Indian standard time, being
five and a half hours ahead of Greenwhich
mean time:

Provided that, for any area in Indian standard

time is not ordinarily observed, the Central
Government may make rules –
 (a) specifying the area;
 (b) defining the local mean time ordinarily
observed therein; and
 (c) permitting such time to be observed in
all or any of the mines situated in the area.
 5. (1) Chief Inspector and Inspector -appointment
 6. (1) Functions of inspectors - The Chief Inspector
may, with the approval of the Central Government
and subject to such restrictions or conditions as he
may think fit to impose, by order in writing:
authorise any Inspector named or any class of
Inspectors specified in the order to exercise such of
the powers of the Chief Inspector under this Act
(other than those relating to appeals) as he may
specify.
 (2) The Chief Inspector may by order in writing,
prohibit or restrict the exercise by any Inspector
named or any class of Inspectors specified in the
order of any power conferred on Inspectors under
this Act.
 (3) Subject to the other provisions contained in this
section, the Chief Inspector shall declare the local
area or areas within which or the group or class of
mines with respect to which Inspector shall
exercise their respective powers.
 7. (1) Powers of Inspectors of Mines
 8. Powers of special officers to enter, measure,
 Any person in the service of Government duly
authorised in this behalf by a special order in
writing of the Chief Inspector or of an Inspector
may, for the purpose of surveying leveling or
measuring any mine; or any output therefrom after
giving not less than three days’ notice to the
manager of such mine, enter the mine and may
survey, level or measure, the mine or any part
thereof or any output therefrom at any time by day
or night: night:
 Provided that , if emergency exists, without
notice
 9. Facilities to be afforded to inspectors –
 (i) The Chief Inspector or an Inspector or other
officer authorised by him in writing in this
behalf, may at any time during the normal
working hours of the mine or at any time by day
or night as may be necessary undertake safety
and occupational health survey in a mine after
giving notice in writing to the manager of the
mines and the owner, agent or manager of the
mine shall afford all necessary facilities
(including facilities for the examination and
testing of plant and machinery for the collection
of samples and other data pertaining to the
survey and for the transport and examination of
any persons employed in the mine chosen for the
survey) to such Inspector or officer.
 (2) Every person employed in a mine who is
chosen for examination in any safety and
occupational health survey under sub-
section (1) shall present himself for such
examination and at such place as may be
necessary and shall furnish all information
regarding his work and health in connection
with the said survey.
 (3) The time spent by any person employed
in a mine who is chosen for examination in
the safety and occupational health survey,
shall be counted towards his working time,
so however that any overtime shall be paid
at the ordinary rate of wages.
 the basic wages plus any dearness
allowance and underground allowance and
compensation in case including such
compensation, if any accruing through the
free issue of food grains and edible oils as
persons employed in a mine may, for the
time being, be entitled to, but does not
include a bonus (other than a bonus given as
incentive for production) or an compensation
accruing through the provision of amenities
such as free housing, free supply of coal,
medical and educational facilities, sickness
allowance, supply of kerosene oil, baskets,
tools and uniforms.
 (4) Any person who, on examination
under sub-section (2) is found medically
unfit to discharge the duty which he was
discharging in a mine immediately
before such presentation shall be
entitled to undergo medical treatment at
the cost of the owner, agent and
manager with full wages during the
period of such treatment.
 (5) If, after the medical treatment, the
person referred to in sub-section (4) is
declared medically unfit to discharge the
duty which he was discharging in a mine
immediately before absenting himself for
the said examination and such unfitness is
directly describable to his employment in
the mine before such presentation, the
owner, agent and manager shall provide
such person with an alternative
employment in the mine for which he is
medically fit
 Provided that where no such alternative
employment is immediately available, such
person shall be paid by the owner, agent and
manager disability allowance determined in
accordance with the rates prescribed in this
behalf;
 Provided further that where such person
decides to leave his employment in the mine,
he shall be paid by the owner, agent and
manager a lump sum amount by way of
disability compensation determined in
accordance with the rates prescribed in this
behalf.
 (6) The rates under the provision sub-section (5)
shall be determined having regard to the
monthly wages of the employees, the nature of
disabilities and other related factors.”
 (1) All copies of, and extracts from registers or
other record appertaining to any mine and all
other information acquired by the Chief
Inspector or an Inspector or by any one
assisting him, in the course of the inspection or
survey of any mine under this Act or acquired
by any person authorised under section 8 or
section 9A in the exercise of his duties
thereunder, shall be regarded as confidential
and shall not be disclosed to any person or
authority unless the Chief Inspector or the
Inspector considers disclosure necessary to
ensure the health, safety or welfare of any
person employed in the mine or any other mine
adjacent thereof.
(2) Nothing in sub-section (1) shall apply to the disclosure of
any such information (if so
required) to –
(a) any court;
(b) a Committee or court of inquiry constituted or appointed
(c) an official supervisor or the owner, agent or manager of
the concerned mine:
(d) a Commissioner for workmen’s compensation
(e) the Controller Indian Bureau of Mines.
(f) any registered or recognised trade union;
(g) such other officer, authority and organisation as may be
specified in this behalf by the Central Government.”
(3) If the Chief Inspector, or an Inspector or any other person
referred to in sub-section (1) discloses contrary to the
provisions of this section, any such information as
aforesaid without the consent of the Central Government,
he shall be punishable with imprisonment for a term which
may extend to one year, or with fine, or with both.
(4) No court shall proceed to the trial of any offence under
this section except with the previous sanction of the
Central Government.
 SSs 1,2,3 same as SSs 1,2,3 of Sec 10 of FA
48’ [ CG in place of SG and OMA in place of
Occupier]
 4) The certifying surgeon shall carry out
such duties as may be prescribed in
connection with --
 (b) the examination of persons engaged in a
mine in such dangerous occupations or
processes as may be prescribed:
 (c) the exercise of such medical supervision
as may be prescribed for any mine or class
or description of mines where- cases of
illness have occurred which it is reasonable
to believe are due to the nature of any
process carried on or other conditions of
work prevailing in the mine.
12. Committees :-
(1) The Central Government shall, with effect from
such date as that Government may by
notification in the official Gazette, specify in this
behalf constitute for the purposes of this Act, a
Committee consisting of -
(a) a person in the service of the Government, not
being the Chief Inspector or an Inspector,
appointed by the Central Government , as
Chairman:
(b) the Chief Inspector of mines;
(c) two persons to represent the interests of
miners appointed by the Central Government;
(d) two persons to represent the interests of
owners of mines appointed by the Central
Government;
(e) two qualified mining engineers not directly
employed in the mining industry, appointed by
Central Government :
 (2) Without prejudice to generality of sub-
section(1), the Central Government may
constitute one or more Committees to deal
with specific matters relating to any part of
the territories to which this Act extends or
to a mine or a group of mines and may
appoint members thereof and the provisions
of sub-section(1) shall apply for the
constitution of any Committee under this
sub-section as they apply for the
constitution of a Committee under that sub-
section.
 (3) No act or proceeding of a Committee
shall be invalid by reason only of the
existence of any vacancy among its
members or any defect in the constitution
thereof.
(1) The Committee constituted under sub-section (1) of
section 12 shall –
(a) consider proposal for making rules and regulations
under this Act and make appropriate
recommendations to the Central Government;
(b) enquiry into such accidents or other matters as may
be referred to it by the Central Government from time
to time and make reports thereon; and
(c) subject to the provisions of such-section(2), hear
and decide any appeals or objections against notices
or orders under this Act or the regulations, rules or
bye-laws thereunder as are required to be referred to
it by this Act or as may be prescribed.
(2) The Chief Inspector shall not take part in the
proceedings of the Committee with respect to any
appeal or objection against an order on notice made
or issued by him or act in relation to any matter
pertaining to such appeal or objection as a member
of the Committee.
(1) A Committee constituted under section 12
may exercise such of the powers of an
Inspector under this Act as it thinks necessary
or expedient to exercise for the purposes of
discharging its functions under this Act.
(2) A committee constituted under section 12
shall, for the purposes of discharge its
functions have the same powers as are vested
in a court under the Code of Civil Procedure,
1908 when trying a suit in respect of the
following matters, namely :--
(a) discovery and inspections;
(b) enforcing the attendance of any person and
examining him on oath;
(c) compelling the production of documents; and
(d) such other matters as may be prescribed.”
The Central Government may direct that the
expenses of any inquiry conducted by a committee
constituted under section 12 shall be borne in
whole or in part by the owner or agent of the mine
concerned, and the amount so directed to be paid
may, on application by the Chief Inspector or an
Inspector or 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 magistrates
jurisdiction belonging to such owner or agent.
Provided that the owner or his agent has not paid the
amount within six weeks from the date of receiving
the notice from the Central Government or the Chief
Inspector of Mines.
 16. Notice to be given of mining operations –
 (1) The owner, agent or manager of a mine
shall, before the commencement of any mining
operation, give to the Chief Inspector, the
Controller, Indian Bureau of Mines and the
District Magistrate of the district in which the
mine is situated, notice in writing in such form
and containing such particulars relating to the
mine, as may be prescribed.
 (2) Any notice given under sub-section (1) shall
be so given as to reach the persons concerned
at least one month before the commencement
of any mining operation.
 (1)Save as may be otherwise prescribed, every mine
shall be under a sole manager who shall have the
prescribed qualifications and the owner or agent of
every mine shall appoint a person having such
qualifications to be the manager:
 Provided that the owner or agent may appoint
himself as manager if he possesses the prescribed
qualifications.
 (2) Subject to any instruction given to him by or on
behalf of the owner or agent of the mine, the
manager shall be responsible for the overall
management, control, supervision and direction of
the mine and all such instructions when given by the
owner or agent shall be confirmed in writing
forthwith.
 (3) Except in case of an emergency, the owner or
agent of a mine or anyone on his behalf shall not
give otherwise than through the manager,
instructions affecting the fulfilment of his statutory
duties, to a persons, employed in a mine, who is
responsible to the manager.
 (1) the owner and agent of every mine shall each
be responsible for making financial and other
provisions and for taking such other steps as
may be necessary for compliance with the
provisions of this Act and the regulations, rules,
bye-laws and orders made thereunder.
 (2) The responsibility in respect of matters
provided for in the rules made under clauses(d),
(e) and (p) of section 58 shall be exclusively
carried out by the owner and agent of the mine
and by such person (other than the manager)
whom the owner or agent may appoint for
securing compliance with the aforesaid
provisions.
 (3) If the carrying out of any instructions given
under sub-section (2) or given otherwise than
through the manager under sub-section(3) of
section 17 results in the contravention of the
provisions of this Act or of the regulations,
rules, bye-laws or orders made thereunder,
every person giving such instructions shall also
be liable for the contravention of the provision
concerned.
 (4) Subject to the provisions of sub-sections(1),
(2) and (3) the owner, agent and manager of
every mine shall each be responsible to see
that all operations carried on in connection
with the mine are conducted in accordance
with the provisions of this Act and of the
regulations, rules, bye-laws and orders made
thereunder
(5) In the event of any contravention by any person
whosoever of any of the provisions of this Act or of
the regulations; rules, bye-laws or orders made
thereunder except those which specifically require
any person to do any act or thing, or prohibit any
person from doing an act or thing, besides the person
who contravenes, each of the following persons shall
also be deemed to be guilty of such contravention
unless he proves that he had used due diligence to
secure compliance with the provisions and had taken
reasonable means to prevent such contravention:
(i) the official or officials appointed to perform duties of
supervision in respect of the provisions contravened;
(ii) the manager of the mine;
(iii) the owner and agent of the mine;
(iv) the person appointed, if any, to carry out the
responsibility under sub-section (2).
Provided that any of the persons aforesaid may not be
proceeded against if it appears on enquiry and
investigation that he is not prima facie liable.
 (6) It shall not be a defence in any
proceedings brought against the owner
or agent of a mine under this section
that the manager and other official have
been appointed in accordance with the
provisions of this Act or that a person to
carry the responsibility under sub-
section (2) has been appointed."
 19. Drinking water ---
 20. Conservancy –
 21. Medical appliance :
(1)CI to give notice to OAM
(1A)On non compliance, prohibit employment
(2) Prohibit extraction or reduction of pillars or
blocks of minerals
(3)Prohibit employment of person/persons whose
employment is not necessary for removal of
danger
(3A) payment of full wages for the period of
prohibition of employment
Provision for alternative employment
(4) Appeal against notice or order to CI within 10
days of serving of receipt and the CI may
confirm, modify or cancel
(5) CI or I to report notice or order to CG
(6) objection in writing y OAM to CG
against requisition, order or decision of
appeal within 20 days, CG to refer it to a
committee within 2 months
(7) Every requisition or order objected
against, to be complied with, till the
receipt in the mine of the decision of
the committee
(1)safety for which express provision is
made by or under this Act,
 (1) Whenever there occurs in or about a mine:-
 (a) an accident causing loss of life or serious
bodily injury, or
 (b) an explosion, ignition, spontaneous heating,
outbreak of fire or irruption or inrush of water
or other liquid matter, or
 (c) an influx of inflammable or noxious gases,
or
 (d) a breakage of ropes, chains or other gear by
which persons or materials are lowered or
raised in a shaft or an incline, or
 (e) an overwinding of cages of other means of
conveyance in any shaft while persons or
materials are being lowered or raised, or
 (f) a premature collapse of any part of the
workings, or
 (g) any other accident which may be
prescribed, the owner, agent or manager of
the mine shall give notice of the
occurrence to such authority in such form
and within such time as may be prescribed,
and he shall simultaneously post one copy
of the notice on a special notice-board in
the prescribed manner at a place where it
may be inspected by trade union officials,
and shall ensure that the notice is kept on
the board for not less than fourteen days
from the date of such posting.
 (1A) Whenever there occurs in about a mine
an accident causing reportable injury to
any person, the owner, agent or manager of
the mine shall enter in a register such
occurrence in the prescribed form and
copies of such entries shall be furnished to
the Chief Inspector once in quarter.”
 (2) Where a notice given under sub-
section(1) relates to an accident causing
loss of life, the authority shall make an
inquiry into the occurrence within two
months of the receipt of the notice and, if
the authority is not the Inspector, he shall
cause the Inspector to make an inquiry
within the said period.
 (3)The Central Government may, by notification
in the Official Gazette, direct that accidents
other than those specified in sub-sections(1)
and (1A) which cause bodily injury resulting in
the enforced absence from work of the person
injured for a period exceeding twenty-four
hours shall be entered in a register in the
prescribed form or shall be subject to the
provision of sub-section(1) or sub-section (1A),
as the case may be.”
 (4) A copy of the entries in the register referred
to in sub section (3) shall be sent by the owner,
agent or manager of the mine, on or before the
20thday of January in the year following that to
which the entries relate to the Chief Inspector.
 (5) Whenever there occurs in or about a mine an
accident causing loss of life or serious bodily injury
to any person, the place of accident shall not be
disturbed or altered before the arrival or without
the consent of the Chief Inspector or the Inspector
to who notice of the accident is required to be
given under sub-section(1) of section 23, unless
such disturbances of alteration is necessary to
prevent any further accident to remove bodies of
the deceases; or to rescue any person from danger,
or unless discontinuance of work at the place of
accident would seriously impede the working of the
mine; Provided that where the Chief Inspector or
the said Inspector fails to inspect the place of
accident, within seventy-two hours of the time of
the accident, work may be resumed at the place of
the accident.”
 (1) When any accident of the nature
referred to in any of the clauses of sub-
section(1) of sections 23 occurs in or
about a mine, the Central Government
may if it is of opinion that a formal
inquiry into the causes of and
circumstances attending the accident
ought to be held, appoint a competent
person to hold such inquiry and may also
appoint one or more persons possessing
legal or special knowledge to act as
assessor or assessors in holding the
inquiry.
 The person holding the inquiry shall
have powers of the civil court
 Exercise powers of the inspector
 Shall make a report to the CG
 (1) Where any person employed in a
mine contracts any disease notified by
the Central Government in the official
Gazette as a disease connected with
mining operations the owner , agent or
manager of the mine, as the case may
be, shall send notice thereof to the
Chief Inspector and to such other
authorities in such form and within such
time as may be prescribed.
(2) If any medical practitioner attends on a person
who is or has been employed in a mine and who is
or is believed by the medical practitioner to be
suffering from any disease notified under sub-
section(1) the medical practitioner shall without
delay send a report in writing to the Chief Inspector
stating --
 (a) the name and address of the patient.
 (b) The disease from which the patient is or is
believed to be suffering, and
 (c) The name and address of the mine in which the
patient is or was last employed.
(3) CI to pay fee recoverable from OAM to Cert.Surg
(4) Non compliance by CS punishable- fine up to 50/-
 The Central Government may make rules providing for the
exemption to such extent, in such circumstances and
subject to such conditions as may be specified from the
provisions of sections 28, 30, 31, 34 or sub-section 5 of
section 36 -
 (a) of all or any of the persons employed in a mine, where
an emergency involving serious risk to the safety of the
mine or of the persons employed therein is apprehended;
 (b) of all or any of the persons so employed in case of an
accident, actual or apprehended.
 (c) Of all or any of the persons engaged in work of a
preparatory or complementary nature, which must
necessarily be carried on for the purpose of avoiding
serious interference with the ordinary working of the
mine.
 (d) Of all or any of the persons engaged in urgent repairs
 (e) Of all or any of the persons employed in any work,
which for technical reasons must be carried on
continuously.
i) Hours of work above ground: No adult
employed above ground in a mine shall be
required or allowed to work for more than
forty-eight hours in any week or for more
than nine hours in any day.
[may exceed in order to facilitate the change
of shifts. With previous approval of the CI]
spread over not more than twelve hours, CI
may for reasons recorded in writing
permit the spread over to extend over a
period not exceeding fourteen hours in
any day.
i)Hours of work below ground: No adult
employed. below ground in a mine shall be
allowed to work for more than forty-eight
hours in any week or for more than eight
hours in any day,[ with the previous approval
of the CI, may be exceeded in order to
facilitate the change of shifts.]
ii)Work below ground only by a system of shifts
and spread over not to exceed daily maximum
hours specified
iii) No person employed in a mine shall be
allowed to be present in any part of a mine
below ground except during the periods of
work shown in respect of him in the register
maintained under sub-section (4) of section
48.
 Where in a mine a person works above
ground for more than nine hours in any day,
or works below ground for more than eight
hours in any day, or works for more than
forty-eight hours in any week whether
above ground or below ground, he shall in
respect of such overtime work be entitled
to wages at the rate of twice his ordinary
rate of wages, the period of overtime work
being calculated on a daily basis or weekly
basis, whichever is more favourable to him.
 No person shall be required or allowed to
work in a mine if he has already been
working in any other mine within the
preceding twelve hours
Limitation of daily hours of work including
overtime work
Save in respect of cases falling within clause
(a) and clause (e) of Section 39, no person
employed in a mine-shall be required or
allowed to work in the mine for more than
ten hours in any day inclusive of overtime.
 No person below eighteen years of age
shall be allowed to work in any mine or
part thereof. However apprentices and
other trainees, not below sixteen years
of age, maybe allowed to work, under
proper supervision, in a mine or part
thereof by the manager with prior
approval of the Chief Inspector or an
Inspector shall be obtained before they
are allowed to work.
 No person below eighteen years of age
shall be allowed to be present in any
part of a mine above ground where any
operation connected with or incidental
to any mining operation is being carried
on.
 1) No woman shall, notwithstanding
anything contained, in any other law, be
employed;
 (a) in any part of a mine which is below
ground;
 (b) in any mine above ground except
between the hours of 6 a.m. and 7 p.m.
 2) Every woman employed in a mine above
ground shall be allowed an interval of not
less than eleven hours between the
termination of employment on any one day
and commencement of the next period of
employment.
 Annual leave with wages
 1) Every person employed in a mine who
has completed a calendar year's service
therein shall be allowed during the
subsequent calendar year, leave with
wages, calculated-
 a) in the case of a person employed below
ground, at the rate of one day for every
fifteen days of work performed by him, and
 b) in any other case, at the rate of one day
for every twenty days of work performed by
him,
 (1) For every mine there shall be kept in the
prescribed form and place Register of all
persons employed in the mine showing in
respect of each such person –
 (a) the name of the employee with the name of
his father or, of her husband, as the case may
be, and such other particulars may be
necessary for purpose of identification,
 (b) the age and sex of the employee;
 (c) the nature of employment (whether above
ground or below ground, and if above ground,
whether in opencast working or otherwise) and
date of commencement thereof;
 (d) Such other particulars as may be
prescribed, and the relevant entries shall be
authenticated by the signature or the thumb
impression of the person concerned,
2) Entry in mines to be in accordance with the
register
3) No person to be employed without
particulars being recorded
4) Separate registers showing person employed:
a)Below ground
b)Above ground in opencast workings
c)Above ground in other cases:-
i) Name
ii) Class or kind of employment
iii) Shift and hrs of shift where applicable
5) Register at any time to show persons present
below ground
6) No person to enter any opencast working or
any working below ground unless permitted
by the manager or authorized under the Act
or any law
(2) A calendar year’s service referred to in
sub-section(1) shall be deemed to have
completed:-
(a) in the case of a person employed below
ground in a mine, if he has during the
calendar year put in not less than one
hundred and ninety attendances at the
mine; and
(b) in the case of any other person, if he has
during the calendar year put in not less
than two hundred and forty attendances at
the mine.
– For the purpose of this sub-section :-
 (a) any days of lay-off by agreement or
contact or as permissible under the
standing order:
 (b) in the case of a female employee,
maternity leave for any number of days not
exceeding twelve weeks; and
 (c) the leave earned in the year prior to that
in which the leave is enjoyed: shall be
deemed to be the days on which the
employee has worked in mine for the
purpose of computation of the attendances
but he shall not earn leave for these days.
 Any person employed in a mine who has
been allowed leave for not less than four
days, shall, before his leave begins, be paid
the wages due for the period of the leave
allowed
 Mode of recovery of unpaid wages :Any sum
required to be paid by the owner, agent or
manager of a mine under this Chapter but
not paid by him shall be recoverable as
delayed wages under the provision of the
Payment of Wages Act, 1936
RULE: Authoritative statement of what to do
or not to do in a specific situation, issued by
an appropriate person or body. It clarifies,
demarcates, or interprets a law or policy.

REGULATION:
1. The act of regulating or the state of being
regulated.
2. A principle, rule, or law designed to control
or govern conduct.
3. A governmental order having the force of
law. Also called executive order
BYE-LAW
1. a standing rule governing the regulation of
internal affairs of a corporation or society.
2. a subsidiary law.
a) Prescribing qualifications: (CI and I)
b) Prescribing & regulating their duties
and powers
c) Prescribing duties of OAM and
qualifications and age for AM