MINES ACT, 1952
(1) This Act may be called the Mines Act, 1952.
(2) It extends to the whole of India 1[***]
(3) It shall come into force on such date or dates2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different States but not later than 31st December, 1953.
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1. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1968, sec. 2 and Sch. (w.e.f. 15-8-1968).
2. Came into force on 1-7-1952, vide Notification No. S.R.O. 967, dated 27th May, 1952, published in the Gazette of India, 1952, Pt. II, Sec. 3, p. 869.
1[(1)] In this Act, unless the context otherwise requires,—
2[***]
(b) “adult” means a person who has completed his eighteenth year;
3[(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;
4[(e) “Committee” means a committee constituted under section 12;]
(f) “day” means a period of twenty-four hours beginning at midnight;
1 [3. Act not to apply in certain cases
(1) The provisions of this Act, except those contained in 2 [sections 7, 8, 9,40, 45 and 46, shall not apply to--
(a) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale;
Provided that --
(i) not more than twenty persons are employed on any one day in connection with any such excavation;
(ii) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres or, in the case of an excavation for coal, fifteen metres; and
(iii) no part of such excavation extends below superjacent ground; or
In this Act, references to time of day are references to Indian standard time, being five and a half hours ahead of Greenwich mean time:
Provided that, for any area in which 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.
(1) The Central Government may, by notification in the Official Gazette, appoint such a person as possesses the prescribed qualifications to be Chief Inspector of Mines for all the territories to which this Act extends and such persons as possess the prescribed qualifications to be Inspectors of Mines subordinate to the Chief Inspector.
(2) No person shall be appointed to the Chief Inspector or an Inspector, or having been appointed shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or mining rights in India.
(3) The district magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders1 of the Central Government:
Provided that nothing in this sub-section shall be deemed to empower a district
(1) The Chief Inspector may, with the approval of the Central Government and subject to such restrictions or conditions as he may think fit to impose, by order in writing, authorise any Inspector named or any class of Inspectors specified in the order to exercise such of the powers of the Chief Inspector under this Act (other than those relating to appeals) as he may specify.
(2) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named or any class of Inspectors specified in the order of any power conferred on Inspectors under this Act.
(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 Inspectors shall exercise their respective powers.]
(1) The Chief Inspector and any Inspector may—
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine;
(b) with such assistants, if any, as he thinks fit, enter, inspect and examine any mine or any part thereof at any time by day or night:
Provided that the power conferred by this clause shall not be exercised in such a manner as unreasonably to impede or obstruct the working of the mine;
(c) examine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of
Any person in the service of the Government duly authorised in this behalf by a special order in writing of the Chief Inspector or of an Inspector may, for the purpose of surveying, levelling or measuring any mine 1[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 2[or any output therefrom] at any time by day or night:
Provided that, where in the opinion of the Chief Inspector or of an Inspector an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice.
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1. Ins. by Act 42 of 1983, sec. 6(a) (w.e.f. 31-5-1984).
Every owner, agent and manager of a mine shall afford the Chief Inspector and every Inspector and every person authorised under section 8 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act.
(1) The Chief Inspector or an Inspector or other officer authorised by him in writing in this behalf may, at any time during the normal working hours of the mine or at any time by day or night as may be necessary, undertake safety and occupational health survey in a mine after giving notice in writing to the manager of the mine and the owner, agent or manager of the mine shall afford all necessary facilities (including facilities for the examination and testing of plant and machinery, for the collection of samples and other data pertaining to the survey and for the transport and examination of any person employed in the mine chosen for the survey) to such Inspector or officer.
(2) Every person employed in a mine who is chosen for examination in any safety and occupational health survey under sub-section (1) shall present himself for such examination and at such place as may be nece
(1) All copies of, and extracts from, registers or other records appertaining to any mine and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection 1[or survey] of any mine under this Act or acquired by any person authorised under section 8 1[or section 9A] in the exercise of his duties thereunder, shall be regarded as confidential and shall not be disclosed to any person or authority unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the health, safety or welfare of any person employed in the mine or in any other mine adjacent thereto.
(2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so required) to—
(a) any court;
2[(b) a C
(1) The Central Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such mine or class or description of mines as it may assign to them respectively.
(2) Subject to such conditions as the Central Government may think fit to impose, a certifying surgeon may, with the approval of the Central Government, authorise any qualified medical practitioner to exercise all or any of his powers under this Act for such period as the certifying surgeon may specify, and references to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or, having been so appointed or authorised, continue to exercise s
(1) The Central Government shall, with effect from such date as that Government may, by notification in the Official Gazette, specify in this behalf, constitute for the purposes of this Act, a Committee consisting of—
(a) a person in the service of the Government, not being the Chief Inspector or an Inspector, appointed by the Central Government to act as Chairman;
(b) the Chief Inspector of Mines;
(c) two persons to represent the interests of miners appointed by the Central Government;
(d) two persons to represent the interest of owners of mines appointed by the Central Government;
(e) two qualified mining engineers not directly employed in the mining industry
(1) The Committee constituted under sub-section (1) of section 12 shall—
(a) consider proposals for making rules and regulations under this Act and make appropriate recommendations to the Central Government;
(b) enquire into such accidents or other matters as may be referred to it by the Central Government from time to time and make reports thereon; and
(c) subject to the provisions of sub-section (2), hear and decide such appeals or objections against notices or orders under this Act or the regulations, rules or bye-laws thereunder, as are required to be referred to it by this Act or as may be prescribed.
(2) The Chief Inspector shall not take part in the proceedings of the Committee with respect to any appeal or objectio
(1) A Committee constituted under section 12 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purposes of discharging its functions under this Act.
(2) A Committee constituted under section 12 shall, for the purposes of discharging its functions, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:—
(a) discovery and inspection;
(b) enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents; and
(d) such other matters as may be prescribed.]
&
The Central Government may direct that the expenses of any inquiry conducted by 1[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 to a magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being resident be recovered by the distress and sale of any movable property within the limits of the magistrate’s jurisdiction belonging to such owner or agent:
Provided that the owner or his agent has not paid the amount within six weeks from the date of receiving the notice from the Central Government or the Chief Inspector of Mines.
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(1) The owner, agent or manager of a mine shall, before the commencement of any mining operation, give to the Chief Inspector, the 1[Controller] Indian Bureau of Mines and the district magistrate of the district in which the mine is situate, 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.
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1. Subs. by Act 42 of 1983, sec. 12, for “Director” (w.e.f. 31-5-1984).
(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 instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith.
(3) Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions af
(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 o
1[(1) In every mine effective arrangements shall be made to provide and maintain at suitable points conveniently situated a sufficient supply of cool and wholesome drinking water for all persons employed therein:
Provided that in the case of persons employed below ground the Chief Inspector may, in lieu of drinking water being provided and maintained at suitable points, permit any other effective arrangements to be made for such supply.]
(2) All such points shall be legibly marked ‘DRINKING WATER’ in a language understood by a majority of the persons employed in the mine and no such point shall be situated within 2[six metres] of any washing place, urinal or latrine, unless a shorter distance is approved in writing by the Chief Inspector.
(3) In respect of all mines or any class or description
(1) There shall be provided, separately for males and females in every mine, a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to persons employed in the mine at all times.
(2) All latrines and urinals provided under sub-section (1) shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition.
(3) The Central Government may specify the number of latrines and urinals to be provided in any mine, in proportion to the number of males and females employed in the mine and provide for such other matters in respect of sanitation in mines (including the obligations) in this regard of persons employed in the mine as it may consider necessary in the interests of the health of the persons so employed.
(1) In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed.
(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room.
(3) Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine.
(4) In every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill.
(1) If, in respect of any matter for which no express provision is made by or under this Act, it appears to the Chief Inspector or an Inspector that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control supervision, management or direction thereof, is dangerous to human life or safety or defective so as to threaten or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in respect of which he considers the mine or part thereof or the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice.
(1A) Where the owner, agent or manager of a mine fails to comply with the terms of a notice given under sub-section (1) withi
(1) Where in respect of any matter relating to safety for which express provision is made by or under this Act, the owner, agent or manager of a mine fails to comply with such provisions, the Chief Inspector may give notice in writing requiring the same to be complied with within such time as he may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter.
(2) Where the owner, agent or manager fails to comply with the terms of a notice given under sub-section (1) within the period specified in such notice or, as the case may be, within the extended period of time specified under that sub-section, the Chief Inspector may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion, reasonably necessary for securing compliance with the terms of the noti
1[(1) Whenever there occurs in or about a mine—
(a) an accident causing loss of life or serious bodily injury, or
(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or
(c) an influx of inflammable or noxious gases, or
(d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or
(e) an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or
(f) a premature collapse of any part of the workings, or
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1[(1) When any accident of nature referred to in any of the clauses of sub-section (1) of section 23 occurs in or about a mine, the Central Government may, if it is of opinion that a formal inquiry into the causes of and circumstances attending the accident ought to be held, appoint a competent person to hold such inquiry and may also appoint one or more persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.]
(2) The person appointed to hold any such inquiry shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects 2[***].
(3) Any person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act
(1) Where any person employed in a mine contracts any disease1 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 suff
(1) The Central Government may, if it considers it expedient to do so, appoint a competent person to inquire into and report to it on any case where a disease notified under sub-section (1) of section 25 has been or is suspected to have been contracted in a mine, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(2) The provisions of sub-sections (2) and (3) of section 24 shall apply to an inquiry under this section in the same manner as they apply to any inquiry under that section.
The Central Government may cause any report submitted by a Committee under 1[section 12] or any report or extracts from any report submitted to it under section 26, and shall cause every report submitted by a court of inquiry under section 24 to be published at such time and in such manner as it may think fit.
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1. Subs. by Act 42 of 1983, sec. 18, for “section 13” (w.e.f. 31-5-1984).
No person shall be allowed to work in a mine on more than six days in any one week.
(1) Where in pursuance of action under section 38 or a result of exempting any mine or the persons employed therein the provisions of section 28, any person employed therein is deprived of any of the weekly days of rest for which provision is made in section 28, he shall be allowed, within the month in which such days of rest were due to him or within the two months immediately following that month, compensatory days of rest equal in number to the days of rest of which he has been deprived.
(2) The Central Government may prescribe the manner in which the days of rest for which provision is made in sub-section (1) shall be allowed.
(1) No adult employed above ground in a mine shall be required or allowed to work for more than forty-eight hours in any week or for more than nine hours in any day:
1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts.]
(2) The periods of work of any such adult shall be so arranged that, along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than five hours continuously before he has had an interval for rest of at least half an hour:
2[Provided that the Chief Inspector may, for reasons to be recorded in writing and subject to such conditions as he may deem fit to impose, permit the sp
(1) No adult employed below ground in a mine shall be allowed to work for more than forty-eight hours in any week or for more than eight hours in any day:
Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts.
(2) No work shall be carried on below ground in any mine except by a system of shifts so arranged that the period of work for each shift is not spread over more than the daily maximum hours stipulated in sub-section (1).
(3) No person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register maintained under sub-section (4) of section 48.]
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Where a person employed in a mine works on a shift which extends beyond midnight—
(a) for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.]
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1. Subs. by Act 62 of 1959, sec. 16, for section 32 (w.e.f. 16-1-1960).
1[(1) Where in a mine a person works above ground for more than nine hours in any day, or works below ground for more than eight hours in any day or works for more than forty-eight hours in any week whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him.]
2[(2) Where any person employed in a mine is paid on piece rate basis, the time-rate shall be taken as equivalent to the daily average of his full-time earnings for the days on which he actually worked during the week immediately preceding the week in which overtime work has been done exclusive of any overtime, and such time-rate shall be deemed to be the ordinary rate of wages of such person:
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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.]
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1. Subs. by Act 62 of 1959, sec. 18, for section 34 (w.e.f. 16-1-1960).
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.]
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1. Subs. by Act 62 of 1959, sec. 19, for section 35 (w.e.f. 16-1-1960).
(1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay.
(2) In the case of a mine at which mining operations commence after the commencement of this Act, the notice referred to in sub-section (1) shall be posted not less than seven days before the commencement of work.
(3) The notice referred to in sub-section (1) shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief Inspector, if he so requires.
(4) Where it is proposed to make any alteratio
Nothing in section 28, section 30, section 31, section 34 or 1[sub-section (5) of section 36], shall apply to persons who may by rules be defined to be persons, holding positions of supervision or management or employed in a confidential capacity.
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1. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “sub-section (4) of section 36” (w.e.f. 23-12-1953).
(1) In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of God or in case of any urgent work to be done to machinery, plant or equipment of the mine as the result of break down of such machinery plant or equipment, the manager may, subject to the provisions of section 22 1[and section 22A and in accordance with the rules under section 39, permit persons to be employed in contravention of section 28, section 30, section 31, section 34 or 2[sub-section (5) of section 36]; on such work as may be necessary to protect the safety of the mine or of the persons employed therein:
Provided that, in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted by this section, although the produ
2[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)
(1) After the commencement of the Mines (Amendment) Act, 1983, no person below eighteen years of age shall be allowed to work in any mine or part thereof.
(2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager:
Provided that in the case of trainees, other than apprentices, prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed to work.
Explanation.—In this section and in section 43, “apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961 (52 of 1961).]
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1. Su
[Rep. by the Mines (Amendment) Act, 1983 (42 of 1983), sec. 23 (w.e.f. 31-5-1984).]
[Rep. by the Mines (Amendment) Act, 1983 (42 of 1983), sec. 23 (w.e.f. 31-5-1984).]
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1. Section 42 was earlier amended by Act 62 of 1959, sec. 23 (w.e.f. 16-1-1960).
(1) Where an Inspector is of opinion that any person employed in a mine otherwise than as an apprentice or other trainee is not an adult or that any person employed in a mine as an apprentice or other trainee is either below sixteen years of age or is no longer fit to work, the Inspector may serve on the manager of the mine a notice requiring that such person shall be examined by a certifying surgeon and such person shall not, if the Inspector so directs, be employed or permitted to work in any mine until he has been so examined and has been certified that he is an adult or, if such person is an apprentice or trainee, that he is not below sixteen years of age and is fit to work.
(2) Every certificate granted by a certifying surgeon on a reference under sub-section (1), shall for the purpose of this Act, be conclusive evidence of the matters referred therein.]
&
[Rep. by the Mines (Amendment) Act, 1983 (42 of 1983), sec. 25 (w.e.f. 31-5-1984).]
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1. Section 44 was earlier substituted by Act 62 of 1959, sec. 25 (w.e.f. 16-1-1960).
Subject to the provision of sub-section (2) of section 40, after such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, 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.]
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1. Subs. by Act 42 of 1983, sec. 26, for section 45 (w.e.f. 31-5-1984). Earlier section 45 was amended by Act 62 of 1959, sec. 26 (w.e.f. 16-1-1960)
(1) No woman shall, notwithstanding anything contained in any other law, be employed—
(a) in any part of a mine which is below ground;
(b) in any mine above ground except between the hours of 6 A.M. and 7 P.M.
(2) Every woman employed in a mine above ground shall be allowed an interval of not less than eleven hours between the termination of employment on any one day and the commencement of the next period of employment.
(3) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification2 in the Official Gazette, vary the hours of employment above ground of women in respect of any mine or class or description of mine, so however that no employment of any woman between the hours of 10 p.m. and 5 a.
[Rep. by the Mines (Amendment) Act, 1959 (62 of 1959), sec. 28. (w.e.f. 16-1-1960).]
1[(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) the name of the employee with the name of his father or, of her husband, as the case may be, and such other particulars as may be necessary for purposes 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 open cast workings or otherwise) and the date of commencement thereof;
2[***]
(e) such other particulars as may be prescribed,
and the relevant en
The provisions of this Chapter shall not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service:
2[Provided that if such award, agreement or contract of service, provides for a longer annual leave with wages than that provided in this Chapter, the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service, but leave shall be regulated in accordance with the provisions of sections 50 to 56 (both inclusive) with respect to matters not provided for in such award, agreement or contract of service.]]
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1. Subs. by Act 62 of 1959, sec. 30, for section 49 (w.e.f. 16-1-1960).
For the purposes of this Chapter, leave shall not include weekly days of rest or holidays for festivals or other similar occasions whether occurring during or at either end of the period of leave.]
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1. Subs. by Act 62 of 1959, sec. 30, for section 50 (w.e.f. 16-1-1960).
For the purposes of this Chapter, a calendar year shall mean the period of twelve months beginning with the first day of January in any year.]
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1. Subs. by Act 62 of 1959, sec. 30, for section 51 (w.e.f. 16-1-1960).
(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 2[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.
(2) A calendar year’s service referred to in sub-section (1) shall be deemed to have been completed,—
(a) in the case of a person employed below ground in a mine, if he has during the calendar year put in not less than one hundred and ninety attendances at the mine; and
(b) in t
For the leave allowed to a person employed in a mine under section 52, he shall be paid at a rate equal to the daily average of his total full-time earnings for the days on which he was employed during the month immediately preceding his leave, exclusive of any overtime wages and bonus but inclusive of any dearness allowance and compensation in cash including such compensation, if any, accruing through the free issue of foodgrains and other articles as persons employed in the mine may, for the time being, be entitled to:
Provided that if no such average earnings are available, then the average shall be computed on the basis of the daily average of the total full time earnings of all persons similarly employed for the same month.]
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1. Subs
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.]
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1. Subs. by 62 of 1959, sec. 30, for section 54 (w.e.f. 16-1-1960).
Any sum required to be paid by the owner, agent or manager of a mine under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936).]
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1. Subs. by 62 of 1959, sec. 30, for section 55 (w.e.f. 16-1-1960).
Where the Central Government is satisfied that the leave rules applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those provided for in this Chapter, it may, by order in writing and subject to such conditions as may be specified therein, exempt the mine from all or any of the provisions of this Chapter.]
—————
1. Subs. by 62 of 1959, sec. 30, for section 56 (w.e.f. 16-1-1960).
The Central Government may, by notification in the Official Gazette, make regulations1 consistent with this Act for all or any of the following purposes, namely:—
(a) for prescribing the qualifications required for appointment as Chief Inspector or Inspector;
(b) for prescribing and regulating the duties and powers of the Chief Inspector and of Inspector in regard to the inspection of mines under this Act;
(c) for prescribing the duties of owners, agents and managers of mines and of persons acting under them, and for prescribing the 2[qualifications (including age) of agents and managers] of mines and of persons acting under them;
(d) for requiring facilities to be provided for enabling managers of mines and other
The Central Government may, by notification in the Official Gazette, make rules1 consistent with this Act for all or any of the following purposes, namely:—
2[(a) for providing the term of office and other conditions of service of, and the manner of filling vacancies among, the members of a Committee and for regulating the procedure to be followed by a Committee for transacting its business;]
(b) for prescribing the form of the register referred to in sub-section (3) of section 23;
(c) for providing for the appointment of courts of inquiry under
section 24, for regulating the procedure and the powers of such courts, for the payment of travelling allowance to the members, and for the recovery of the expenses of such co
(1) The power to make regulations and rules conferred by sections 57 and 58 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 (10 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.
1[***]
2[(4) No regulation or rule shall be made unless the draft thereof has been referred to the Committee constituted under sub-section (1) of section 12 and unless that Committee has had a reasonable opportunity of reporting as to the expediency of making t
Notwithstanding anything contained in sub-sections (1), (2) and 1[(4)] of section 59, regulations under 2[***] section 57 may be made without previous publication and without 3[***] reference to 4[the Committee constituted under sub-section (1) of section 12] if the Central 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 5[shall be sent to the said Committee for information and] shall not remain in force for more than 6[one year] from the making thereof.
—————
1. Subs. by Act 62 of 1959, sec. 34(i), for “(
(1) The owner, agent or manager of 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, 1[governing the use of any particular machinery or the adoption of a particular method of working in the mine] as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the person employed in the mine.
(2) If any such owner, agent or manager—
(a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or
(b) submits a draft of bye-laws which is not in th
Every regulation made under section 57, every rule made under section 58 and every bye-law made under section 61 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the regulation, rule or bye-law or both Houses agree that the regulation, rule or bye-law should not be made, the regulation, rule or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation, rule or bye-law, as the case may be.]
&nb
There shall be kept posted up at or near every mine in English and in such other language or languages as may be prescribed, the prescribed abstracts of the Act and of the regulations and rules.
The Mines Act, 1952 is a significant piece of legislation in India aimed at regulating labor and ensuring safety in mining operations. Section 62 specifically addresses the requirement for posting abstracts of the Act and its regulations at mining sites, thereby promoting transparency and awareness among workers.
Section 62 mandates that at every mine, abstracts of the Mines Act, relevant regulations, and rules must be prominently displayed in English and any other prescribed languages. This is to ensure that all workers are informed about their rights and the regulations governing their work environment.
The scope of Section 62 extends to all mines operating in India, particularly those employing a significant number of workers. It aims to enhance the safety and rights awareness of workers by ensuring they have access to essential legal information.
While the specific penalties for non-compliance with Section 62 are not detailed in the provided sources, it is generally understood that violations of the Mines Act can lead to fines or other legal repercussions as outlined in subsequent sections of the Act.
(1) Whoever obstructs the Chief Inspector, an Inspector, or any person authorised under section 8 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred rupees, or with both.
(2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under thi
Whoever—
(a) counterfeits or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under this Act, or
(b) knowingly uses as true any such counterfeit or false certificate, or
(c) makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this Act, or any employment in a mine, or
1[(d) falsifies any plan, section, register or record, the maintenance of which is required by or under this Act or produces before any authority such false plan, section, register or record, knowing the same to be false, or]
&nbs
Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under 1[section 43] a certificate granted to another person under that section, or, having been granted a certificate of fitness to himself under that section, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 2[two hundred] rupees, or with both.
—————
1. Subs. by Act 42 of 1983, sec. 36, for “section 40” (w.e.f. 31-5-1984).
2. Subs. by Act 62 of 1959, sec. 36, for “fifty” (w.e.f. 16-1-1960).
Any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan, 1[section,] return, notice, register, record or report required by or under this Act to be made or furnished, shall be punishable with fine which may extend to 2[one thousand] rupees.
—————
1. Ins. by Act 62 of 1959, sec. 37 (w.e.f. 16-1-1960).
2. Subs. by Act 62 of 1959, sec. 37, for “two hundred” (w.e.f. 16-1-1960).
Whoever, save as permitted by section 38, contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1[one thousand] rupees, or with both 2[***].
—————
1. Subs. by Act 62 of 1959, sec. 38(i), for “five hundred” (w.e.f. 16-1-1960).
2. Certain words omitted by Act 62 of 1959, sec. 38(iii) (w.e.f. 16-1-1960).
If a person below eighteen years of age is employed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be punishable with fine which may extend to five hundred rupees.]
—————
1. Subs. by Act 42 of 1983, sec. 37, for section 68 (w.e.f. 31-5-1984).
Whoever, in contravention of the provisions of section 17, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1[two thousand and five hundred] rupees, or with both 2[***].
—————
1. Subs. by Act 62 of 1959, sec. 39(i), for “five hundred” (w.e.f. 16-1-1960).
2. Certain words omitted by Act 62 of 1959, sec. 39(ii) (w.e.f. 16-1-1960).
(1) Whoever in contravention of the provision of sub-section (1) of section 23 fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board referred to in that sub-section and to keep it there for the period specified shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
(2) Whoever in contravention of a direction made by the Central Government under sub-section (3) of section 23 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Where the owner, agent or manager of a mine, as the case may be, has taken proceedings under this Act against any person employed in or about a mine in respect of an offence under this Act, he shall within twenty-one days from the date of the judgment or order of the court report the result thereof to the Chief Inspector.
No person employed in a mine shall—
(a) wilfully interfere with or misuse any appliance, convenience or other thing provided in a mine for the purpose of securing the health, safety or welfare of the persons employed therein;
(b) wilfully and without reasonable cause do anything likely to endanger himself or others;
(c) wilfully neglect to make use of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein.
Whoever contravenes any provision of any regulation or of any bye-law or of any order made thereunder, relating to matters specified in clauses (d), (i), (m), (n), (o), (p), (r), (s), and (u) of section 57 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.]
—————
1. Subs. by Act 62 of 1959, sec. 40, for sections 73 and 74 (w.e.f. 16-1-1960).
Whoever continues to work in a mine in contravention of any order issued under sub-section (1A), sub-section (2) or sub-section (3) of section 22 2[or under sub-section (2) of section 22A] shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five thousand rupees:]
3[Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court, such fine shall not be less than two thousand rupees.]
—————
1. Subs. by Act 62 of 1959, sec. 40, for sections 73 and 74 (w.e.f. 16-1-1960).
2. Ins. by Act 42 of 1983, sec. 38(a) (w.e.f. 31-5-1984).
(1) Whoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder [other than an order made under sub-section (1A) or sub-section (2) or sub-section (3) of section 22] 2[or under sub-section (2) of section 22A], shall be punishable—
(a) if such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both; or
(b) if such contravention results in serious bodily injury, with imprisonment which may extend to one year, or with fine which may extend to three thousand rupees, or with both; or
(c) if such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with i
Whoever contravenes any provision of this 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 punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.]
—————
1. Subs. by Act 62 of 1959, sec. 40, for sections 73 and 74 (w.e.f. 16-1-1960).
If any person who has been convicted for an offence punishable under any of the foregoing provisions (other than sections 72B and 72C) is again convicted for an offence committed within two years of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the punishment to which he would have been liable for the first contravention of such provisions.]
—————
1. Subs. by Act 62 of 1959, sec. 40, for sections 73 and 74 (w.e.f. 16-1-1960).
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:
1[Provided that the Chief Inspector or the district magistrate or the Inspector as so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed to exercise all due diligence to prevent the commission of such offence:]
2[Provided further that] in respect of an offence committed in the course of the technical direction and management of a mine, the district magistrate shall not institute any prosecution against an owner, agent or manager without the previous approval of the Chief Inspector.
&nb
Where the owner of a mine is a firm or other association of individuals, all or any of the partners or members thereof or where the owner of a mine is a company, all or any of the directors thereof or where the owner of a mine is a Government or any local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this Act for any offence for which the owner of a mine is punishable:
2[Provided that where a firm, association or company has given notice in writing to the Chief Inspector that it has nominated,—
(a) in the case of a firm, any of its partners or managers;
(b) in the case of an association, any of its members or managers;
Where the owner, agent or manager of a mine, accused of an offence under this Act, alleges that another person is the actual offender, he shall be entitled, upon complaint made by him in this behalf 1[and on his furnishing the known address of the actual offender] and on giving to the prosecutor not less than three clear days notice in writing of his intention so to do, to have that other person brought before the court on the date appointed for the hearing of the case; and if, after the commission of the offence has been proved, the owner, agent or manager of the mine, as the case may be, proves to the satisfaction of the court—
(a) that he has used due diligence to enforce the execution of the relevant provisions of this Act, and
(b) that the other person committed the offence in question without his knowledge consent
(1) Where the owner, agent or manager of a mine is convicted of an offence punishable under this Act, the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order (which may be extended by the court from time to time on application made in this behalf) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the owner, agent or manager of the mine as the case may be, shall not be liable under this Act in respect of the continuance of the offence during the period or extended period, if any, but if on the expiry of such period or extended period, the order of the court has not been fully complied with, the owner, agent or manager, as the case may be, shall be deemed to have committed a further offence and
No court shall take cognizance of any offence under this Act, unless complaint thereof has been made—
(i) 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
1[(iia) in any case in which the accused is or was a public servant and previous sanction of the Central Government or of the State Government or of any other authority is necessary for taking cognizance of the offence under any law for the time being in force, within three months of the date on which such sanction is received by the Chief Inspector, or]
(iii) in any case where a court of inquiry ha
No court inferior to that of a 1[Metropolitan Magistrate or Judicial Magistrate of the 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.
—————
1. Subs. by Act 42 of 1983, sec. 43, for "presidency magistrate or magistrate of the first class" (w.e.f. 31-5-1984).
[Rep. by the Mines Amendment Act, 1983 (42 of 1983), sec. 44 (w.e.f. 31-5-1984).]]
—————
1. Section 80A was earlier inserted by Act 62 of 1959, sec. 44 (w.e.f. 16-1-1960).
(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 1[***] a Committee it may stay the criminal proceedings, and report the matter to the Central Government with a view to such reference being made.
(2) On receipt of a report under sub-section (1), the Central Government may refer the case to 1[***] a Committee, or may direct the court to proceed with the trial.
—————
1. The words "a Mining Board or" omitted by Act 42 of 1983, sec. 45 (w.e.f. 31-5-1984).
If any question arises as to whether any excavation or working 1 [or premises in or adjacent to and belonging to a mine, onwhich any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on] is a minewithin the meaning of this Act, the Central Government may decide the question, and a certificate signed by a Secretary tothe Central Government shall be conclusive on the point.
______________________
1. Inserted by Act 62 of 1959, section 45 (w.e.f. 16-1-1960).
1 [(1)] The Central Government may, by notification in the Official Gazette, exempt either absolutely or subject to anyspecified conditions any local area or any mine or group or class of mines or any part of a mine or any class of persons fromthe operation of 2 [all or any of the provisions of this Act or the regulations, rules or bye-laws]
Provided that no local area or mine or group or class of mines shall be exempted from the provisions of 2 [sections 40 and45] unless it is also exempted from the operation of all the other provisions of this Act.
3 [(2) The Central Government may, by general or special order and subject to such restrictions as it may think fit to impose,authorise the Chief Inspector or any other authority to exempt, subject to any specified conditions, any mine or part thereoffrom the operation of any of the provisio
1[(1)] The Central Government may reverse or modify any order passed under this Act.
2[(2) The Chief Inspector may, for reasons to be recorded in writing reverse or modify any order passed by him under this Act or under any regulation, rule or bye-law.
(3) No order prejudicial to the owner, agent or manager of a mine shall be made under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation.]
—————
1. Section 84 re-numbered as sub-section (1) by Act 42 of 1983, sec. 47 (w.e.f. 31-5-1984).
2. Ins. by Act 42 of 1983, sec. 47 (w.e.f. 31-5-1984).
This Act shall 1 [also] apply to mine belonging to the Government.
______________________
1. Inserted by Act 62 of 1959, section 47 (w.e.f. 16-1-1960).
1[85A. Persons required to give notice, etc., legally bound to do so
Every person required to give any notice or to furnish any information to any authority under this Act shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860)].
______________________
1 . Inserted by Act 62 of 1959, section 48 (w.e.f. 16-1-1960).
Section 85B - Signing of returns, notices, etc.
All returns and notices required to be furnished or given or communications sent by or on behalf of the owner of a mine in connection with the provisions of this Act or any regulation, rule, bye-law or any order made thereunder shall be signed by the owner, agent or manager of the mine or by any person to whom power in this behalf has been delegated by the owner by a power of attorney.]
—————
1. Ins. by Act 42 of 1983, sec. 48 (w.e.f. 31-5-1984).
No fee or charge shall be realised from any person employed in a mine in respect of any protective arrangements or facilities tobe provided or any equipment or appliances to be supplied under the provisions of this Act,]
The Central Government may, by notification in the Official Gazette, direct that the provisions of Chapters III and IV of theFactories Act, 1948 (63 of 1948) shall subject to such exceptions and restrictions as may be specified in the notification, applyto all mines and the precincts thereof.
No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done orintended to be done under this Act.
[Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and the First Sch.]
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