MINES RULES, 1955
.—(1) These rules may be called the Mines Rules, 1955.
(2) Except as otherwise expressly provided, the rules shall apply to every mine of whatever description to which the Act applies.
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1. Vide S.R.O. 1421, dated 2nd July, 1955.
In these rules, unless there is anything repugnant in the subject or context—
(a) “the Act” means the Mines Act, 1952 (35 of 1952);
(b) “court of inquiry” means a court of inquiry apppointed under section 24 of the Act;
(c) “Form” means a Form as given in the First Schedule;
(d) “section” means a section of the Act;
(e) “Schedule” means a Schedule appended to these rules;
(f) “Manager” includes Mine Superintendent who is appointed by the owner or agent of mine under section 17 of the Act and as such, responsible for the control, management, 1[supervision] and direction of a mine;
The term of office of the members referred to in clauses (c), (d) and (e) of sub-section (1) of section 12 of the Act, shall be three years from the date on which their appointment is notified in the Official Gazette:
Provided that a member shall notwithstanding the expiry of a period of three years, continue to hold office until the appointment of his successor is notified in the Official Gazette;
Provided further that a member appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette.]
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An Inspector of Mines nominated in this behalf by the Chief Inspector shall act the Secretary of the Committee.]
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
Members of the Committee shall receive such honorarium as the Central Government may fix.]
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
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1. Rule 6 omitted by G.S.R. 316, dated 26th April, 1986. Earlier rule 6 was subs. by G.S.R. 1886, dated 14th December, 1965.
.—(1) A member other than the Chairman may resign his office by writing under his hand addressed to the Chairman.
(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation referred to in sub-rule (1) or sub-rule (2) above shall take effect from the date of its acceptance 1[or on the expiry of thirty days from the date of receipt of such resignation whichever is earlier, by the Chairman of the Central Government as the case may be].
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1. Ins. by S.R.O. 2062, dated 14th June, 1957.
.—(1) Before a member leaves India—
(a) he shall intimate to the Chairman the date of his departure from and the date of his expected return to India; and
(b) if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If any member leaves India without taking the action required by sub-rule (1), he shall be deemed to have resigned with effect from the date of his departure from India.
.—(1) The Chairman shall inform the Central Government as soon as a vacancy occurs in the membership of the 1[Committee] by the resignation or death of a member.
(2) In case such a vacancy occurs by the death of the Chairman, information shall be furnished to the Central Government by the Chief Inspector or the Inspector 2[appointed] to the Board by the Central Government, as the case may be.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
2. Subs. by G.S.R. 1886, dated 25th December, 1965.
.—(1) All questions which the 1[Committee] is required to consider shall be considered either at its meeting or by circulation of papers as the Chairman may direct:
Provided that papers need not be circulated to any member who is absent from India at the time.
(2) When a question is referred by circulation of papers, any member may request that the question be considered at a meeting of the 1[Committee], and thereupon the Chairman may direct that it be so considered:
Provided that if three or more members make such a request, the Chairman shall direct that it be so considered.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
The 1[Committee] shall meet at such places and times as may be appointed by the Chairman.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
.—(1) The Secretary to the 1[Committee] shall give at least fourteen days’ notice to every member of the 1[Committee] present in India of the time and place fixed for each meeting and shall send to every such member agenda of business to be disposed of at that meeting, not less than seven days before the meeting:
Provided that when an emergent meeting is called, at least two days’ clear notice shall be given.
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3[(2) Notices referred to in sub-rule (1) shall be delivered at or posted to, the usual place of residence of the member.]
4[(3)] No business which is not on the agenda shall be considered at a meeting without the permission of the Chairman.
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The Chairman shall preside at every meeting of the Board at which he is present. If the Chairman is absent from any meeting, the members present shall elect one of them to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman.
No business shall be transacted at a meeting of the 1[Committee] unless atleast four members are present:
Provided that at any meeting in which less than four members present, the Chairman may adjourn the meeting to a date not less than fourteen days later and inform the members present and notify other members that he proposes to dispose of the business at the adjourned meeting irrespective of the quorum, and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members attending.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
.—(1) Every question referred to the 1[Committee] by circulation of papers shall, unless the Chairman, in pursuance of sub-rule (2) of rule 10 reserves it for consideration at a meeting, be decided in accordance with the opinions of the majority sending their opinions within the time allowed.
(2) All questions referred to a meeting of the 1[Committee] shall be decided by a majority of votes of the members present and voting on that question.
(3) In the case of an equal division of votes or opinions the Chairman shall exercise an additional vote or opinion.
(4) Any member disagreeing with a decision of the 1[Committee] may enter a note of dissent which shall form part of the record of the proceedings.
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.—(1) The Secretary of the 1[Committee] shall circulate the proceedings of each meeting to all members of the 1[Committee] present in India, and thereafter record the proceedings in a minute book which shall be kept for permanent record.
(2) The record of the proceedings of each meeting shall be signed by the Chairman.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
Travelling and daily allowance to non-official members of the 1[Committee] shall be regulated in accordance with the orders regarding allowances to non-official members of Committees, Commissions and 1[Committee] of Enquiry issued by the Central Government from time to time.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
The Secretary of the 1[Committee] shall conduct all the correspondence of the committee and keep its accounts.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
Any appearance required to be made by a party before the 1[Committee], except for purposes of being examined as a witness, may be made either in person or by his agent duly authorised in writing, or by a legal practitioner on his behalf.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
Unless the Chairman otherwise directs, the proceedings of the 1[Committee] shall be conducted in camera and shall be regarded as confidential in nature.
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
The person appointed to hold inquiry under section 24 of the Act shall hold the inquiry in public in such manner and under such conditions as the Court thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Court to make the report.
[(1) If a court of inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the court may direct the recovery of the expenses of such court, including any other expenses connected with the inquiry, from the owner 2[***] of the mine concerned, in such manner and within such time as the court may specify.]
3[(2) The amount directed to be recovered under sub-rule (1) may, on application by the Chief Inspector or an Inspector to the concerned authority, be recovered from the owner in the same manner as an arrears of land revenue.]
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1. Subs. by G.S.R. 1886, dated 25th December, 1965.
2. Omitted by G.S.R. 18, dated 24th December, 1973.
Section R.22 of the Mines Rules, 1955, pertains to the recovery of expenses incurred during a Court of Inquiry into mining accidents or incidents. It facilitates the enforcement of financial accountability on the part of mine owners or management when negligence or carelessness is established. This section plays a crucial role in ensuring that the costs associated with inquiries are borne by responsible parties, thereby promoting safety and accountability in mining operations.
Section R.22 authorizes a Court of Inquiry to direct the owner of a mine to pay all or part of the expenses of the inquiry if the incident was found to be due to negligence or carelessness on the part of the management. The order specifies the manner and time frame for payment. It implicitly allows the quantification of expenses after the initial finding of negligence, facilitating recovery of costs incurred during the investigation.
While Section R.22 itself does not prescribe specific penalties for non-payment, non-compliance with the Court’s order can attract penalties under the Mines Act, 1952, which includes imprisonment for up to two years and fines . Such enforcement measures ensure adherence to the Court’s directives.
Note: The references are drawn from the provided sources, primarily from the detailed judicial judgment in AIR 1966 SC 853, which elaborates on the scope and application of Section R.22, and the Mines Rules, 1955, which codify the procedural aspects.
A Certifying Surgeon may within the local limits of his jurisdiction or in respect of mines or class or description of mines assigned to him make such inspection, examination or inquiry as he thinks fit for the purpose of the Act, and it shall be the duty of owner, agent or manager of the mine concerned to afford the Certifying Surgeon all reasonable facilities for carrying out such inspection, examination or inquiry as the case may be.
[(1) On receipt of a reference under sub-section (1) of section 43 of the Act, the certifying surgeon shall, giving prior notice regarding date, time and place for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the mine concerned after retaining a copy thereof.
(2) The certifying surgeon shall, upon a request being made to him by the Chief Inspector, or Inspector, carry out such examination and furnish him with such report as he may indicate in respect of any mine or class or description of mines in which operations involve any risk of injury to the health of any person or class of persons employed therein.]
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
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1. Rule 25 omitted by G.S.R. 316, dated 26th April, 1986.
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1. Rule 26 omitted by G.S.R. 316, dated 26th April, 1986. Earlier rule 26 was amended by G.S.R. 1886, dated 25th December, 1965.
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1. Rule 27 omitted by G.S.R. 316, dated 26th April, 1986.
1) If any person sent up for medical examination in pursuance of section 40 or section 43 1[***] is not certified to be fit by the Certifying Surgeon, he shall not without the permission in writing of an Inspector, be sent for another medical examination unless a period of six months has elapsed from the time when he was last sent up for medical examination.
(2) Any certificate obtained in contravention of sub-rule (1) shall be void.
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1. Omitted by G.S.R. 1886, dated 14th December, 1965.
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1. Rule 29 omitted by G.S.R. 316, dated 26th April, 1986.
Nothing in this Chapter shall apply to persons who are employed purely on temporary or casual basis for a continuous period not exceeding six months.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
After such date or dates as the Central Government may by notification in the Official Gazette appoint in this behalf, the owner, agent or manager of every mine shall make arrangements—
(a) (i) for the initial medical examination of every person employed in the mine, within a period of five years of the date so notified and the said examination shall be so arranged over a period of five years that one-fifth of the persons employed at the mine undergo the examination every year:
Provided that in the case of a mine where a system of carrying out of such medical examination (of a comparable standard as determined by the Chief Inspector) is already in existence before the date aforesaid, a person who has undergone a medical examination under such a system on a date not earlier than five years before the date a
The medical examination aforesaid shall be carried out by a Medical Officer appointed for the mine or a Medical Officer in the employment of the owner of the mine, if any, or by any medical officer employed in the Coal Mines Welfare Fund Organisation or any other mines welfare organisation, failing which by any State or Central Government medical officer not below the rank of the Assistant Civil Surgeon.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
.—(1) In respect of every medical examination under rule 29B, the manager of the mine concerned shall give
at least twenty days’ prior notice in writing to the person to be examined, in Form ‘M’, provided that in case of the initial medical examination of a person seeking employment at a mine, the period of notice may be shorter.
(2) A copy of every such notice issued shall be sent by the manager to the examining authority and in the case of periodical medical examination of a person, the copies of the previous medical certificate issued in Form O, pertaining to the persons concerned shall also be sent to the examining authority by the manager.
(3) A person, who for any reasonable cause, fails to submit himself for a medical examination in accordance with the notice issued to him under sub-ru
A person who, without reasonable cause, fails to submit himself for medical examination in accordance with a notice issued to him under sub-rule (3) of rule 29D, shall be liable to be discharged from service:
Provided that a person who renders himself so liable to be discharged for failure to submit himself for medical examination shall be required to show cause why he could not comply with the notice within the time specified therein. If his explanation is found satisfactory by the management, he shall be given another chance to appear for medical examination. In case his explanation is not found satisfactory by the management, his service shall be terminated by the management:
Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for his decision within 60 days of the order communicated by the
.—(1) The examining authority holding initial medical examination under sub-clause (i) of clause (a), or periodical medical examination under clause (b) of rule 29B shall examine a person according to the standard laid down in Form P and the initial medical examination under sub-clause (ii) of clause (a) of rule 29B of all persons seeking employment in a mine shall be according to the standard laid down in Form PI.
(2) As soon as may be, after examination, a copy of the medical certificate in Form O, shall be issued by the examining authority to the person concerned by Registered post or delivered under receipt and another copy sent to the manager of the mine concerned by Registered post, or delivered under receipt.
(3) The examining authority shall retain the third copy of the medical certificate.
.—(1) All medical certificates 1[including all medical examination records with medical history and job details to depict the occupational dust exposure profiles] of persons employed or to be employed in a mine shall be retained in the possession of the manager of the mine so long as the person is employed in the mine and for a period of 2[ten years] thereafter:
Provided that the manager of a mine where such person is or was employed shall, if so requested by the manager of any other mine where the person is to be employed, send to him all medical certificates with respect to such person.
(2) If the examining authority who conducts medical examination of persons employed or to be employed in any mine, is relieved of his duties regarding medical examination, the medical practitioner shall transfer all records on medical examination in his
1) Every candidate for medical examination under clause (a) of rule 29B shall, at the time of examination handover three unmounted photographs (passport size) of himself to the examining authority. The examining authority, after satisfying itself that each photograph is a likeness of the candidate, shall endorse each of them with the name and father’s name or husband’s name of the candidate.
(2) The examining authority, shall also record the left hand thumb impression or the signature of every candidate appearing before it for medical examination on the copies of the medical certificate in Form O.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
No woman shall, without her consent, be medically examined by a male medical practitioner except in the presence of another woman.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
.—(1) Where as a result of an initial medical examination under clause (a), or of a periodical medical examination under clause (b) of rule 29B, a person has been declared unfit for employment in mines or in a particular category of mine or in any specified operations in mine, he may, within thirty days of the receipt by him of a copy of the Certificate referred to in sub-rule (2) of rule 29F, file an appeal with the manager of the mine against declaration aforesaid, and request for a medical re-examination by an Appellate Medical Board constituted under rule 29K.
(2) (a) The manager shall arrange to have the appellant medically re-examined by the Appellate Medical Board within thirty days of the receipt of the appeal, and shall give to the Appellant fifteen days’ prior notice of the medical re-examination by the Appellate Medical Board in Form Q.
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For the purpose of medical re-examination on appeal the Appellate Medical Board shall consist of the following officers, namely:—
(a) One duly qualified Medical Officer in the employment of the Directorate-General of Mines Safety who shall also act as the Convenor of the Board.
(b) One Medical Officer duly qualified in allopathic system of medicine to be nominated by the Chief Inspector in consultation with the Welfare Organisation set up by the Central Government for the persons employed in the mine.
(c) One Medical Officer duly qualified in allopathic system of medicine employed in the State or Central Government or a Government Undertaking and not below the rank of Assistant Civil Surgeon:
Provided that if a Medical Off
The Appellate Medical Board shall medically examine the appellant in accordance with the standard laid down in Form P for initial medical examination of workers already in employment as well as periodical medical examination and in accordance with the standard laid down in Form P1 for initial medical examination of the persons to be employed and shall issue to the manager of the mine concerned and to the appellant a medical certificate in Form S.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
.—(1) Where, as a result of an initial medical examination made under clause (a), or of a periodical medical examination under clause (b) of rule 29B a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mines, he shall not be employed or continue to be employed in mine or in the category of mine or on the operations specified, after the expiry of thirty days from the date of his medical examination unless he has filed an appeal under sub-rule (1) of rule 29J against the declaration.
(2) Where the person concerned has filed an appeal under sub-rule (1) of rule 29J, but has been declared by the Appellate Medical Board, after a medical re-examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in mines, he shall not be employed or continue to be emplo
If as a result of any medical examination under these rules or under the regulations, a person is found to have contracted any disease specified in Part C of Schedule III to the Workmen’s Compensation Act, 1923, the provision of section 3 of the Act shall become applicable in respect of that person.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
Subject to the provisions of sub-rule (3) of rule 29J full cost of every medical examination under these rules, shall be borne by the owner of the mine concerned.
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
.—(1) On or before the 20th day of February every year, the manager of every mine shall submit to the Chief Inspector annual returns in respect of the preceding calendar year in Form T.
(2) If a mine is abandoned or working thereof is discontinued over a period exceeding sixty days or if a change occurs in the ownership of a mine, the returns required under sub-rule (1) shall be submitted within thirty days of abandonment or change of ownership or within ninety days of discontinuance, as the case may be.]
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* Chapter IVA (containing rules 29A to 29P) ins. by G.S.R. 557(E), dated 16th November, 1978.
.—(1)(a) For every mine wherein 500 or more persons are ordinarily employed, the owner, agent or manger shall designate three suitably qualified employees of the mine in consultation with the registered trade union in the mine and where there are more than one registered trade unions, the union recognised as per procedure in practice or the most representative union as per the membership records available at that point of time, and if there are no registered trade unions, in consultation with the elected representative of the workmen, as technical experts, to carry out inspection of the mine on behalf of the workers employed therein, one each for mining operations, electrical installations and mechanical installations. When the number of persons employed in a mine exceeds 1500, the Workmen’s Inspector shall be assisted by one additional Workmen’s Inspector in mining discipline for every additional 1000 persons or part thereof
.—(1) The duties of the Workmen’s Inspector shall be—
(a) to inspect all shafts, inclines, roads, workplaces and the equipment thereat including the equipment for conveyance and transport of workers;
(b) in case of any urgent and immediate danger that comes to his notice;
(i) to inform the manager and the Inspector about the same; and
(ii) to suggest remedial measures necessary to avoid the danger; and
(c) to accompany the Inspector in the course of complete inspection of the mine and also during such other inspections as may be considered necessary by the Inspector.
(2) The Workmen’s Inspector shall
For every mine wherein more than 100 persons are ordinarily employed, the owner, agent or manager shall constitute a Safety Committee for promoting Safety in the mine:
Provided that the Chief Inspector or an Inspector may by a general or special order in writing require the owner, agent or manager of any group of specified mines or of all mines in a specified area to constitute a group Safety Committee in such manner and subject to such conditions as he may specify in the order.
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* Chapter IVB (containing rules 29Q to 29W) ins. by G.S.R. 316, dated 26th April, 1986.
The Safety Committee shall consist of:—
(a) the manager who shall be the Chairman ;
(b) five officials or competent persons of the mine nominated by the Chairman ;
(c) five workmen nominated by the workmen of the mine in accordance with the procedure prescribed in clause (a) of sub-rule (1) of rule 29Q for nomination of Workmen’s Inspector;
(d) Workmen’s Inspector where so designated; and
(e) the Safety Officer, or where there is no Safety Officer, the senior most mine official next to the manager, who shall act as Secretary to the Committee:
Provided that any other official, competent person or work person may
The functions of the Committee shall be—
(1) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in the reports of Workmen’s Inspector or otherwise brought to the notice of the Committee and make appropriate recommendations;
(2) to consider, before commencement of operations in any new district of mine or commissioning of new electrical or mechanical installation or introduction of new mining technique, the proposed Safety and health measures including related codes of practice and to make appropriate recommendations;
(3) to discuss the report of inquiry into accident and make appropriate recommendations;
(4) to formulate and implement appropriate Safety campaign bas
The owner, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee, shall indicate to the Secretary to the Safety Committee, the action taken to implement the recommendations.]
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* Chapter IVB (containing rules 29Q to 29W) ins. by G.S.R. 316, dated 26th April, 1986.
(1) The quantity of drinking water to be provided in a mine or any part thereof shall be on a scale of at least two litres for every person employed at any one time and such drinking water shall be readily available at conveniently accessible points during the whole of the working shift.
(2) Where 100 persons or more are employed, either above ground or in open cast working, at any one time, an Inspector may by order in writing require the drinking water to be effectively cooled by mechanical or other means available.
(3) No charge shall be made for the drinking water so supplied.
[(1) If drinking water is not provided from taps connected with constant water supply system, it shall be kept cool in suitable vessels sheltered from weather and such vessels shall be emptied, cleaned and refilled every day. Steps shall be taken to preserve the water, the storage vessels and the vessels used for drinking water in a clean and hygienic condition.]
(2) If the source of drinking water is not from a public water supply system, an Inspector may by order in writing require the owner, agent or manager of the mine to submit with the least possible delay a certificate from a competent health authority or analyst as to the fitness of the water for human consumption.
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1. Subs. by G.S.R. 1786, dated 30th September, 1970.
If any question arises as to whether water supply arrangements are satisfactory and in accordance with the requirements of section 19 and rules 30 and 31, the decision of the Chief Inspector shall be final.
.—(1) On the surface at every mine, adequate latrine and urinal accommodation shall be provided at conveniently accessible places separately for the use of males and females employed in the mine.
(2) The scale of latrine accommodation shall be at least one seat for every 50 males and at least one seat for every 50 females employed at only one time:
Provided that where sanitary latrines are maintained in bathing places, the number of latrines to be provided under this rule may include such sanitary latrines.
Note.—In calculating latrine accommodation, any fraction less than 50 shall be reckoned as 50.
Every latrine on the surface provided for the use of persons employed in a mine shall conform to the following standards of construction:—
(a) it shall be on a site approved of in writing by an Inspector;
(b) it shall be built of brick or other suitable building material;
(c) it shall be adequately drained and properly ventilated and afforded effective protection from the weather;
(d) it shall be of a type approved of in writing by an Inspector;
(e) the floor and any interior surface of walls up to a height of 1[1.25 metres] shall be cement punned or otherwise so finished as to provide a smooth impressive surface;
Where persons of both sexes are employed, there shall be displayed outside each latrine a signboard in the language understood by the majority of workpersons “For Males” or “For Females” as the case may be. Each signboard shall also have the figure of a man or a woman as the case may be.
.—(1) Where a piped water supply is available, a sufficient number of water taps, conveniently accessible, shall be provided in or near such latrines.
(2) If piped water supply is not available, a sufficient quantity of water shall be kept stored in suitable receptacles near such latrines.
If in any mine more than fifty persons are employed underground at any one time, latrines shall be provided underground on a scale approved by an Inspector at convenient points near the working shafts and at entrances to the districts or sections of the mine. The latrines shall be of a type approved of in writing by an Inspector.
.—(1) At every mine all underground working places and travelling roadways shall be kept clean from excreta.
(2) All latrines and urinals in or about a mine shall be kept in a clean and sanitary condition.
(3) Receptacles for night-soil shall be cleaned and disinfected at least once in every day.
(4) Proper arrangements shall be made on the surface for the disposal of night-soil and urine. Such arrangements shall comply with the requirements of any health authority or Mines Board within whose jurisdiction the mine is situated.
.—(1) No person shall want only misuse or damage the latrines provided either on the surface or underground.
(2) No person shall pollute the underground working of a mine with excreta. All persons employed underground shall acquaint themselves with the sanitary arrangements provided from time to time in the section of the mine in which they have to work or pass.
.—(1) It shall be the duty of the owner, agent or manager of a mine to see that adequate and suitable arrangements are made for the training of persons in first-aid and the provision of such equipments as is prescribed in these rules.
(2) (a) It shall be the duty of the owner, agent or manager to see that adequate and suitable arrangements are made for the speedy removal from the mine to a dispensary or hospital, of persons employed in the mine who while on duty suffers from serious bodily injury or illness of a serious nature.
(b) Unless otherwise approved by an order in writing of the Chief Inspector or an Inspector and subject to such conditions as may be specified therein, the arrangements for the purposes of clause (a) shall be by means of a proper ambulance van, and in case such ambulance van is not readily available in spite of pr
No person other than a qualified nurse, dresser, compounder-cum-dresser or medical practitioner shall be appointed to render first-aid 1[or to be in charge of a first-aid station referred to in rule 44] unless he is the holder of a valid first aid certificate of the standard of St. John’s Ambulance Association (India).
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1. Subs. by G.S.R. 1886, dated 14th December, 1965.
.—(1) The owner, agent or manager of a mine shall see that every first-aid station provided under rule 44 is placed, during every working shift, in charge of a person holding qualifications specified in rule 41. The person in charge of a first-aid station in any shift should be readily available throughout the shift.
(2) The name and designation of every person appointed to be in charge of a first-aid station shall be prominently displayed at every first-aid station.
(3) An up-to-date list of persons appointed to be in charge of first-aid stations in the mine shall be kept in the office of the mine and also displayed prominently at the first-aid room.]
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1. Subs. by G.S.R. 1886, dated 14th Decemb
.—(1) At every mine employing 1[more than 150 persons] on any one day of the preceding calendar year, there shall be provided and maintained in good order a suitable 1[first-aid] room.
1[(2) The first-aid room shall be situated at a convenient place on the surface of the mine and shall be used only for first-aid work.]
(3) The 1[first-aid] room shall have a floor space of not less than 1[10 square metres] and shall contain at least the equipment specified in the Second Schedule.
2[(4) (a) The first-aid room shall be in charge of a qualified medical practitioner, where the number of persons ordinarily employed in a mine is more than 1000, such medical practitioner shall be a whole time employee at the mine.
(b) The medical practitioner referred to in
.—(1) At every mine there shall be provided and maintained first-aid equipment as prescribed in the Third Schedule, at conveniently accessible stations where injured persons may receive first-aid treatment, as follows:
(a) above ground, a first-aid station—
(i) at the top of every shaft or incline where men or material are normally wound or hauled;
(ii) in every workshop;
(iii) at every screening plant and loading place; and
(iv) at every other place where more than 50 persons are employed at any one time.
(b) in every opencast working, one first-aid station for every 50 persons or part
Notwithstanding anything contained in rule 42, every overman, foreman, sirdar, mate, shot-firer, blaster, electrician and mechanic in a mine shall hold the first-aid qualifications specified in rule 41 and shall carry, while on duty, a first-aid outfit consisting of one large sterilized dressing, one small sterilized dressing and an ampule of tincture of iodine or other suitable antiseptic, and such outift shall be securely packed to protect it against dirt and water.]
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1. Subs. by G.S.R. 1886, dated 25th December, 1965.
.—(1) Every person receiving an injury in the course of his duty shall, as soon as possible, report the same to an official. Where the person receiving an injury is not in a position to report the same to an official, it shall be the duty of the person who first comes to know of it, to report the same to an official. The official shall make such arrangements for rendering first aid to the injured as may be required. If in the opinion of the official the injury is of such a nature as to require immediate attention by the medical practitioner he shall arrange for the medical practitioner to be called.
(2) If an official who is required to carry a first-aid outfit under rule 45 receives information about injury to a workperson, he shall himself attend to the injured person.
(3) It shall be the duty of the person in charge of the nearest fir
For the purpose of section 37, the following shall be deemed to be persons holding position of supervision or management or employed in a confidential capacity:—
1[(a) manager, undermanager, underground manager, assistant manager, ventilation officer and safety officer;]
(b) mining, electrical and mechanical engineer;
1[(c) overman, foreman, sirdar, and mate;]
1[(d) mechanical and electrical foreman and electrical supervisor;]
(e) surveyor and assistant surveyor;
(f) medical officer, chemist, assayer, metallurgist and welfare or personnel officer;
.—(1) For the purpose of sections 28 and 29, a day of rest for any person shall mean a period of rest of at least 24 consecutive hours.
(2) There shall be posted up in a conspicuous place outside the office of every mine a notice showing the weekly day of rest. Where the weekly day of rest is not the same day for all persons employed in the mine, the notice shall show the day of rest allowed to each relay, or set of persons, or individual.
.—(1) The notice of hours of work referred to in sub-section (1) of section 36 shall be maintained in Form A.
(2) In addition to the particulars specified in sub-sections (1) and (3) of section 36, the notice shall also show the particulars of the system in which periodical changes of shifts are made for all or each set of persons employed in the mine.
(3) A copy of the notice shall be affixed on the first page in the registers maintained in Forms B, C, D and E.
(1) The compensatory days of rest to be allowed under sub-section (1) of section 29 shall be so spaced that in any one week not more than two such days shall be allowed to any one person.
(2) On or before the last day of every month, there shall be displayed on a notice board outside the office of the mine a list of all persons who have not been allowed compensatory days of rest during that month, and the dates on which compensatory days of rest will be allowed to them in the following two months.
(3) In the event of a person being discharged or dismissed, such number of compen-satory days as are due to him shall not be reckoned as part of any period of notice to which he is entitled under any rule, award, agreement or contract of service, and he shall be allowed all such compensatory days of rest before the date of his discharge or dism
For the purpose of section 39 of the Act, male adults employed in a mine on any work specified in column 1 of the Fourth Schedule shall be exempted from the provisions of the sections of the Act specified in column 2, subject to such conditions as are specified in column 3.
When the employment of a person in a mine is terminated, whether by way of dismissal, discharge or otherwise,
or where such person leaves the employment, the date of such termination
or leaving shall be entered against his name in the register maintained in
Form B.]
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1. Subs. by G.S.R. 1886, dated 25th December, 1965.
No apprentice or trainee of the age of sixteen to eighteen years shall be employed in a mine except under immediate supervision of a competent person and no such apprentice or trainee shall be employed in a mine—
(a) in any work which is unduly arduous; or
(b) in close proximity to any machinery involving risk of injury from any moving part of the machines; or
(c) at any place where the dust produced in mining operations is known to constitutes a hazard to health.]
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
[(1) The owner, agent or manager of every mine shall maintain in respect of every employee thereof a record of leave with wages in Forms G and H:
Provided that if the Chief Inspector or an Inspector is of opinion that any muster roll or register maintained in accordance with any other rules for the time being in force contains all the particulars required for the observance of the provisions contained in Chapter VII of the Act, he may, by order in writing, permit the maintenance of such muster roll or register in place of the register in Forms G and H:
Provided further that in the case of a mine exempted under section 56, the Chief Inspector or an Inspector may permit the maintenance of records of leave with wages in such manner as he may approve by order in writing.]
(2) The registers mention
On or before the 20th day of February every year the owner, agent or manager of a mine shall exhibit on the notice board at the office of the mine information regarding leave with wages due to each person employed in the mine calculated upto the Ist of January of that year giving the particulars specified in Form L.]
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1. Ins. by G.S.R. 1786, dated 30 September, 1970. Earlier rule 54 was omitted by G.S.R. 1886, dated 25th December, 1965.
1[***]
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1. Rule 55 omitted by G.S.R. 1886, dated 25th December, 1965.
In the event of any person entitled to leave with wages, shall accrue to his legal heirs or nominee as the case may be.
1[***]
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1. Rules 57 omitted by G.S.R. 1886, dated 25th December, 1965.
1[***]
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1. Rules 58 omitted by G.S.R. 1886, dated 25th December, 1965.
The register required by sub-section (4) of section 33 shall be maintained in Form I.
[(1) For the purpose of section 33, overtime shall be paid at the end of each wage-period] 2[***].
3[(2)] In calculating overtime on any day, a fraction of an hour less than 30 minutes shall be ignored and a fraction of 30 minutes or more shall be counted as one hour.
4[(3)] In calculating the ordinary rate of wages or earnings in the case of a person paid by the month, the daily wages shall be 1/26th of his monthly rate of wages, and in the case of any other person it shall be the ordinary rate of his daily wages or earnings as the case may be.
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1. Rule 60 renumbered as sub-rule (1) thereof by G.S.R. 1886, dated 25th December, 1965.
2. Omitted b
.—(1) Where an exemption is granted under section 56, the manager shall display at the main entrance of the mine, a notice giving full details of the system established in the mine for leave with wages and shall send a copy of it to the Inspector.
(2) No alteration shall be made in the scheme approved by the Central Government at the time of granting exemption under section 56 without its previous sanction.
At every mine where more than 50 persons are
ordinarily employed, there shall be provided adequate and suitable shelter at or near loading wharves, opencast workings, workshops and mine entrances where 25 or more persons are ordinarily employed, for taking food and rest:
Provided that any canteen maintained in accordance with these rules may be
regarded as part of the requirements of this rule.]
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1. Subs. by G.S.R. 1886, dated 25th December, 1965.
Every shelter shall—
(a) have a floor area of not less than 1[14 square metres]; and
1[(i) in the case of a flat roof, a height of not less than 2.5 metres to the lowest part of the roof; and
(ii) where the roof is a sloping one, a height of not less than 1.8 metres to the lowest part of the roof and not less than 2.5 metres to the heighest part of the roof;]
(b) be so constructed as to afford effective protection from the weather;
(c) be constantly provided with adequate supply of cool and wholesome drinking water during the working hours of the mine;
(d) be kept in a clean and tidy condi
Section R.63 of the Mines Rules, 1955, pertains to the standards of shelters provided at mines, emphasizing health, safety, and sanitation of mine workers. It forms a crucial part of the regulatory framework aimed at safeguarding the welfare of miners.
Section R.63 mandates that every mine shall provide shelters that meet specified standards. These standards include provisions for floor space, ventilation, lighting, and sanitation facilities, ensuring safe and healthy working conditions for miners.
This section applies to all mines covered under the Mines Rules, 1955, requiring mine owners, agents, or managers to ensure the provision of adequate shelters conforming to the standards specified. It covers both new and existing mines.
While the specific section does not explicitly prescribe penalties, violations of Rule 63 can lead to penalties under broader provisions of the Mines Act, 1952, including fines, imprisonment, or both, especially if non-compliance results in health hazards or accidents [Mines Act, 1952; CHAPTER – IX].
This concise legal commentary highlights the key aspects of Section R.63 of the Mines Rules, 1955, emphasizing its role in ensuring safe, hygienic, and health-promoting shelter provisions in mines, with a focus on compliance and enforcement mechanisms.
.—(1) At every mine wherein more than 250 persons are ordinarily employed, if the Chief Inspector or an Inspector so requires, there shall be provided and maintained in or adjacent to the precincts of the mine a canteen for the use of all persons employed:
Provided that where the conditions at any mine so require the Chief Inspector or an Inspector may direct that other suitable arrangements approved by him for serving food, drink and other items to the persons employed be provided and maintained in addition to the canteen required under this sub-rule.
(2) If in any case, the Chief Inspector or Inspector is satisfied that no inconvenience will be caused to the employees concerned if a single canteen is provided to serve neighbouring mines, he may, by an order in writing and subject to such conditions as he may specify therein, authorise
[(1)] Every canteen shall—
(a) be constructed in accordance with plans and specifications approved by the Chief Inspector or an Inspector;
(b) be situated not less than 2[15 metres] from any latrine, urinal, boiler house, engine room, coal heap, ash heap or heap of other material and any other source of dust or smoke;
(c) be sufficiently lighted during all hours when open for use;
(d) be provided with a washing place for females, suitably separated or screened to secure privacy;
(e) be white-washed or colour-washed inside the rooms and passages at least once a year, and woodwork and structural iron or steel work shall be varnished or painted at least once every
In every canteen there shall be provided and maintained—
(a) sufficient furniture, utensils and other equipment necessary for its efficient operation;
(b) an adequate supply of cool and wholesome drinking water;
(c) suitable clean clothes for persons cooking and serving food, drink, etc.
.—(1) The canteen and its precincts shall be kept in a sanitary condition.
(2) An adequate supply of hot water shall be provided for cleansing utensils and equipment; and all furniture, utensils and other equipment shall be kept clean and in a hygienic condition.
.—(1) Every canteen provided under these rules shall be run by the owner, agent or 2[officer in-charge canteen] thereof who shall appoint supervisory and other staff sufficient for the proper working of the canteen.
(2) Notwithstanding anything contained in sub-rule (1), where the workers offer to run the canteen themselves and for this purpose organise a Co-operative Society, they shall be permitted to do so with financial assistance from the management.]
3[(3) In every such canteen, such food, drink or other articles shall be made available as may be recommended by the Canteen Managing Committee appointed under rule 69.]
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1. Subs. by G.S.R. 1886, dated 25th December, 1965.
.—(1) The owner, agent or 1[officer in-charge canteen] shall appoint a Canteen Managing Committee which shall be consulted from time to time, but not less than once a month, as to the management and working of the canteen.
(2) (a) The Committee shall consist of an equal number of members nominated by the owner, agent or 1[officer in-charge canteen] and elected by the persons employed in the mine. The number of elected members shall be on a scale of one for every 1,000 persons employed, provided that the number shall not be more than 5 or less than 2.
(b) The term of office of the elected members shall be two years commencing from the date of the last election, no account being taken of a bye-election.
(c) The owner, agent or 1[officer in-charge canteen] shall determine the procedure for and s
Food, drink and other items served in a canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of the Canteen Management Committee. A list of approved prices shall be conspicuously displayed in the canteen in English, Hindi and in the language of the district in which the mine is situated.
1[Explanation.—In calculating the cost of food, drink and other items served in a canteen, expenditure on the following items shall not be taken into account:—
(a) the cost of utensils, including cooking vessels and utensils necessary to serve food to the workmen;
(b) the cost of furniture;
(c) the cost of coal, fuel and electricity; and
Proper accounts pertaining to the canteen shall be maintained. Such accounts shall be audited once every twelve months by a 1[chartered accountant] or auditor, and a balance-sheet shall be submitted to the Canteen Management Committee not later than two months after the date of closing of the accounts:
2[Provided that the accounts pertaining to the canteen in a mine owned and worked by Government having its own Accounts Department, may be audited by such Department.]
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1. Subs. by S.R.O. 3744, dated 16th November, 1957.
2. Ins. by S.R.O. 3744, dated 16th November, 1957.
[(1) For every mine wherein 500 or more persons are 2[ordinarily employed], the owner, agent or manager shall appoint a suitably qualified person as Welfare Officer, and where the number of persons so employed in a mine exceeds 2,500, such Welfare Officer shall be assisted by one suitably qualified additional Welfare Officer for every additional 2,000 persons or part thereof employed.]
(2) No person shall act as a Welfare Officer of a mine unless he possesses—
(a) a university degree;
(b) a degree or diploma in social science, 3[or social work] or labour welfare 2[recognised by the Government for the purpose of this rule], and preferably practical experience of handling labour problems in any industrial undertaking for at least three years; and
&nb
[(1)] The duties of Welfare Officer shall be—
(i) to establish contacts and hold consultations with a view to maintain harmonious relations between the management and persons employed in the mine;
(ii) to bring to the notice of the management the grievances of employees, individual as well as collective, with a view to securing their expeditious redressal;
(iii) to promote relations between management and employees, which will ensure productivity efficiency as well as amelioration in the working conditions, and to help workers to adjust and adapt themselves to their working environments;
(iv) to assist in the formation of Works and Joint Production Committees, Co-operative Societies and Safety-First and Welfare Co
.—(1) A Welfare Officer shall be given appropriate status corresponding to the status of the other executive heads of the mine.
1[(2) The conditions of service of a Welfare Officer shall be the same as of other members of the staff or corresponding status in the mine:
Provided that before the owner, agent or manager discharges or dismisses a Welfare Officer who has satisfactorily completed a probationary period of six months, he shall consult the Chief Inspector or an Inspector authorised in this behalf by the Chief Inspector.]
2[(3) A Welfare Officer shall not be given less than two hundred rupees as his basic pay per mensem.]
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1. Subs. by G.S.R. 607
All reports, registers and other records maintained in pursuance of the regulations, rules or bye-laws, unless otherwise provided for, shall—
(a) be kept at an office or the nearest convenient building within the precincts of the mine;
(b) be legibly entered in ink in English, Hindi or either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine;
(c) be preserved in original for a period of one calendar year after the date of the last report or entry:
Provided that when the original record is lost or destroyed before the expiry of one year’s period, true copies thereof, if available, shall be preserved for the prescribed per
.—(1) The registers required by sub-section (1A) of section 23 of the Act shall be maintained in Form J and a copy thereof shall be sent to the concerned Inspector of Mines.
(2) The register, required by sub-section (3) of section 23 of the Act shall be maintained in Form K.]
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1. Subs. by G.S.R. 316, dated 26th April, 1986.
The register required by sub-section (1) of section 48 shall be maintained in Form B, 1[keeping separate page for each person employed in the mine.
.—(1) (a) The owner, agent or manager of a mine shall issue, free of cost, to every person employed in the mine, a metal token (hereinafter referred to as token), bearing a number and other particulars by which such person may be identified:
Provided that if any other equally effective system of identification is in force in any mine and Chief Inspector is satisfied of the same he may exempt such mine from the operation of this rule, subject to such conditions as he may deem fit to impose.
(b) No person employed in a mine shall enter or be permitted to enter for work in any part of a mine unless he carries on his person the token issued to him.
(c) The token shall be of such durable and strong material as cannot be easily damaged or defaced.
(d) The
.—(1) The registers required by sub-section (4) of section 48 of persons employed in the mine (a) below ground, (b) in open-cast workings and (c) above ground shall be maintained if Forms C, D, and E respectively.
(2) The entries in the register maintained in Form C shall be made at the entrance or entrances to the mine, at the time when a person against whose name the entry is made enters or leave the mine.
(3) The entries in the registers maintained in Forms D and E shall be made at suitable points on the premises of the mine with reasonable despatch, at the commencement and end of the period of work.
(1) The abstracts of the Act as given in the Fifth Schedule shall be posted up outside the office of every mine in English, Hindi and either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine.
(2) The bye-laws shall be posted up in the manner required by sub-section (5) of section 61, in English, Hindi and either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine:
Provided that the Chief Inspector may require the abstracts and the bye-lawsto be posted up in any Indian language other than the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine.
(3)
For the purpose of section 4, the local mean time that shall ordinarily be observed in any class or group of mines situated in any local area, specified in column 1 of the Sixth Schedule shall be as specified in column 2 thereof.
.—(1) No intoxicating drink or drug shall be carried or permitted to be carried below ground into the workings of a mine or part.
(2) No person shall, during the course of his employment in or about a mine, possess, carry or consume any intoxicating drink or drug or remain in a state of intoxication or drunkenness.
A medical practitioner making an examination in accordance with sub-section (2) of section 25, shall be paid as follows:
(a) a fee not exceeding rupees sixteen for each clinical examination,
(b) a fee not exceeding rupees sixteen for each x-ray examination.
The disability allowance payable under first proviso to sub-section (5) of sec.9A of the Act shall be at the rate of fifty percent. Of the monthly wages that he was in receipt of immediately before presenting himself for the medical examination under sub-section (2) of section 9A of the Act.
If a person decides to leave his employment in the mine, he shall be entitled to compensation as may be admissible under the provisions of the Workmens Compensation Act, 1923 (8 of 1923), as contraction of such disease is deemed to be an injury by accident under that Act. In case the disease is not covered under Sch. III of that Act, he shall be paid by way of disability compensation at the same rates as provided under that Act as if it is and injury. The lumpsum compensation at the same rates as provided under this rule shall not be in addition to the compensation payable under that Act.
&n
The fees or other expenses payable by the owner, agent or manager under these rules shall be paid directly into the treasury or a branch of the State Bank of India, and the reciept of the treasury or bank shall be sent to the Chief Inspector along with the particulars to which the fees or other expenses relate.
Against an order made by the Inspector under any of these rules, an appeal shall lie to the Chief Inspector who may confirm or modify or cancel the order. Every such appeal shall be preferred within 30 days of the receipt of the order by the appellant.]
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1. Ins. by G.S.R. 18, dated 24th December, 1973.
.—(1) All rules framed by State Government under section 30 of Indian Mines Act, 1923, those contained in Chapter II, III and VI of the Mysore Gold Mines Rules, 1953, and those issued vide the Government of India notification No. S.R.O. 2403, dated the 12th July, 1954, are hereby rescinded, but all acts done, orders issued and certificates granted or renewed under any rule so rescinded shall, so far as they are not inconsistent with these rules, be deemed to have been respectively done, issued, granted or renewed under these rules.
(2) The rules contained in Chapter IV amd V of the Mysore Gold Mines Rules, 1953, shall continue to apply to gold mines in the State of Mysore in addition to these rules.
SECOND SCHEDULE
[See rule 43(3)]
(a) A stretcher and a table of convenient height 3[0.75 metres] large enough to place the stretcher on;
(b) a bench or chairs, and one screen;
(c) a glazed sink; with water readily available;
(d) soap, towel and nail brush;
(e) a supply of suitable sterilized dressings, cotton wool, bandages and adhesive plaster;
(f) a supply of tincture of iodine (2 per cent alcoholic solution) or other antiseptic solution;
(g) blankets and hot-water bottles;
&
THIRD SCHEDULE
[See rule 44(1)]
(a) a stretcher with two blankets;
(b) sets of splints 1[1.40 metres, 0.90 metre and 0.3 metre], with necessary triangular bandages for applying them;
(c) first-aid boxes or cupboards not less than one for every 150 persons employed containing at least—
(i) a sufficient supply of large and small sterilized dressings and burn dressings;
(ii) a sufficient supply of sterilized cotton-wool and of adhesive plaster;
(iii) a supp
(Refer rule 50)
Exemption from hours and limitation and of employment
Nature of work
Extent of exemption
Conditions attached to exemption
(1)
(2)
(3)
1. Emergency involving serious risk to the safety of the miner or of person employed therein such as accidental explosion, ignition of gas, spontaneous heating, outbreak of fire, influx of noxious gases, irruption of water, premature collapse of any part of a mine or failure of power supply.
[Refer rule 79(1)]
ABSTRACTS OF THE ACT
Inspectors
1. Any Inspector may enter and inspect any mine (by day and night) and make such examination and enquiry as may be necessary to determine the condition of the mine and to ascertain whether the provisions of this Act and of the Regulations, Rules and Bye-laws are being observed. If he has reason to believe that these provisions have been or are being contravened, he may search any place and take possession of any material, plan, section, register or other record concerning the mine. (Section 7)
2. Any Government servant, duly authorised by the Chief Inspector or an Inspector may enter any mine for the purpose of surveying, levelling and measuring after giving at least 3 days, notice to the manager. (
(Refer rule 80)
1
2
All mines situated in the District of Lakhimpur in the State of Assam.
An hour in advance of Indian Standard Time.
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