Ppt mine act_1952[1]

India has a cultural history of contributing most of its economy through ‘Mining’. A country with 80 percent being produced by public sector companies and rest by private companies; legislation was needed to regulate and examine the scams or haphazard prevailing in the mining industry. Therefore, the Central Govt in 1952 and in 1957, simultaneously promulgated The Mines and Minerals (Development & Regulation) Act and The Mines Act.

1. MINE ACT 1952 In simple way of learning

2. INTRODUCTION The Act is administered by the Ministry of Labour and Employment. The Mines Act, 1952 contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines. The Act prescribes the duties of the owner to manage mines and mining operation and the health and safety in mines. It also prescribes the number of working hours in mines, the minimum wage rates, and other related matters. Through the Directorate General of Mines Safety (DGMS). DGMS is the Indian Government regulatory agency for safety in mines and oil-fields.

3. Structure of mines act The act basically contain 10 chapters of provision and each section having certain number of section . The chapters of act are as follows CHAPTER I – PRELIMINARY ( SEC 1 To 4 ) CHAPTER II - INSPECTORS AND CERTIFYING SURGEONS CHAPTER III - COMMITTEES CHAPTER IV - MINING OPERATIONS AND MANAGEMENT OF MINES CHAPTER V - PROVISIONS AS TO HEALTH AND SAFETY

4. CHAPTER VI - HOURS AND LIMITATION OF EMPLOYMENT CHAPTER VII - LEAVE WITH WAGES CHAPTER VIII - REGULATIONS, RULES AND BYE-LAWS CHAPTER IX - PENALTIES AND PROCEDURE CHAPTER X – MISCELLANEOUS

5. CHAPTER I – PRELIMINARY Short title, extent and commencement This Act may be called the Mines Act, 1952. It extends to whole of India It shall come into force on sub date or dates as the Central Government may, by notification in the official Gazette of India .

6. Definitions : - Adult - means a person who has completed his eighteenth year. Agent - means a person who appointed to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine. Chief Inspector - means the DGMS Committee - means a committee constituted under section 12

7. Day - means a period of twenty-four hours beginning at mid-night Inspector - means an Inspector of Mines appointed under this Act, and includes a district magistrate when exercising any power or performing any duty of an Inspector which is empowered by this Act to exercise or perform;

8. Mine - means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields: all shafts, in or adjacent to and belonging to a mine, where in the course of being sunk or not: all levels and inclined planes in the course of being driven; all opencast workings

9. all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals all adits, livels, planes, machinery works, railways near by working all protective works being carried out in or adjacent to a mine; all workshop and store situated within the precincts of a mine all power stations, transformer sub-stations converter stations any premises for the time being used for depositing sand or other material for use in a mine for stowing .

10. Minerals - means all substances which can be obtained from the earth by mining, digging, drilling, , hydraulicing, quarrying, or by any other operation and includes mineral oils (which in turn include natural gas and petroleum ) Open cast working - means a quarry, that is to say an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground.

11. Qualified medical practitioner - means a medical practitioner who possesses medical qualification as defined in Indian Medical Council Act, 1959 . reportable injury - means any injury or serious bodily injury which involves the absence of the injured persons from work for a period of 72 hours or more

12. Week - means a period of seven days beginning at midnight on Saturday night . Below ground - if he is working or employed in a shaft which has been or is in the course of being sunk; or in any excavation which extends below superjacent ground

13. CHAPTER - II INSPECTORS AND CERTIFYING SURGEONS Sec 5 - Chief Inspector and Inspector Sec 6 - Functions of inspectors Sec 7 - Powers of Inspectors of Mines Sec 8 - Powers of special officers to enter, measure Sec 9 - Facilities to be afforded to inspectors Sec 10 - Secrecy information obtained Sec 11 - Certifying Surgeons

14. Sec 5 - Chief Inspector and Inspector Appointment of CIM AND RIM - - The Central Government may appoint a person as CIM and RIM who have qualifications . - The District Magistrate may exercise the powers and perform the duties of RIM by special orders of the Central Government

15. Sec 6 - Functions of CIM The CIM may with the approval of the Central Government may order and authorize or prohibit to RIM and divide particular area of mine to RIM.

16. Sec 7 - Powers of CIM The CIM may examination and inquiry for application of regulations, rules and bye-laws and orders CIM may appoint assistants for inspect and examine any mine CIM shall not exercise the power in unreasonably manner to obstruct the working of mine. examine the ventilation, health, safety and welfare of the persons employed in the mine The CIM and RIM may search plan & section of mine or material and seizure and give warrant under section 94 result of any inspection examination or inquiry

17. Sec 8 - Powers of special officers to enter, measure Any person who in government service with special order of CIM and RIM may do surveying leveling or measuring any mine and not less than 3 day notice to the manager before his inspection. an emergency he may inspect without giving notice.

18. Sec 9 - Facilities to be afforded to inspectors Every mine management shall afford the CIM and RIM and every person authorised by CIM all reasonable facilities for making any entry, Inspection; survey, measurement, examination or inquiry under this Act.

19. Facilities to be provided for occupational health survey Facilities to be provided for occupational health survey- (1) The CIM or RIM or other officer authorised by him may conduct safety and occupational health survey in a mine after giving notice to the manager of mine shall afford all necessary facilities. (2) For health survey may choose any person of mine so that every person present himself for health survey and give information regarding

20. (3) The time period of health survey shall counted in working period of mine so that paid by ordinary rate of wages to employee who attain health survey . If any person is found medically unfit ,the manager will get him treatment with full wages during before giving him discharge the duty .

21. (4) If, after the medical treatment, the person is declared medically unfit , the management shall provide an alternative employment in the mine for which he is medically fit : where no such alternative employment is immediately available , such person shall be paid by the management disability allowance determined in accordance with the rates prescribed .

22. (5)where such person decides to leave his employment in the mine, he shall be paid by management a lump sum amount by way of. The disability compensation rates shall be regard to the monthly wages of the employees, the nature of disabilities .

23. Sec 10 - Secrecy information obtained All copies registers or other record related to any mine and all other information acquired by the CIM or RIM , in the course of the inspection or survey of any mine under this Act

24. The information obtained in sub-section (1) shall apply to the disclosure (if so required) to – any court; a Committee or court of inquiry constituted or appointed under section 12 or section 24, as the case may be: an official supervisor or the owner, agent or manager of the concerned mine: a Commissioner for workmen’s compensation appointed under the Workmen’s Compensation Act, 1923; the Controller Indian Bureau of Mines. any registered or recognised trade union; such other officer, authority and organisation as may be specified in this behalf by the Central Government

25. 3. If the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses any information against to the provisions of this section without permission the Central Government, he shall be punishable with imprisonment may extend to one year, or with fine, or with both.

26. Sec 11 - Certifying Surgeons (1) The Central Government may appoint qualified medical practitioners to be certifying surgeons to exercise all his powers under this Act for such period

27. (3) No person shall be appointed or authorised to exercise the powers of certifying surgeon, even if the owner, agent or manager of a mine or directly and indirectly related to mines business (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with -- the examination of persons engaged in a mine in such dangerous occupations the exercise of medical supervision cases of illness have occurred due to process of mine working

28. CHAPTER – III COMMITTEES SEC - 12 Committees SEC - 13 Functions of the committee – SEC - 14 Powers of the Committees SEC - 15 Recovery of expenses –

29. SEC - 12 Committees (1) The Central Government shall constitute committee for the purposes of this Act . It consisting :- (a) A person in the service of the central Government but not in the CIM , appointed as Chairman by the Central Government (b) CIM (c) two persons to represent of miners appointed by the Central Government, at least one person from coal mines

30. (d) two persons to represent of owners of mines appointed by the Central Government , at least one person from coal mines (e) two qualified mining engineers not directly employed in the mining industry, appointed by Central Government :

31. (2) the Central Government may also constitute one or more Committees to deal with specific matters relating to any part of mine or a group of mines and may appoint members of committee (3) No act or proceeding of a Committee shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution

32. SEC - 13 Functions of the committee (1) The Committee constituted under sub-section (1) of section 12 shall – (a) consider proposal for making rules and regulations under this Act and make appropriate recommendations to the Central Government; (b) enquiry into such accidents or other matters as may be referred to it by the Central Government from time to time and make reports

33. (c) hear and decide any appeals or objections against notices or orders under this Act (2) The CIM shall not take part in the proceedings of the Committee with respect to any appeal or objection against an order or notice made or issued by him .

34. SEC - 14 Powers of the Committees A Committee may exercise the powers of an RIM under this Act A committee shall exercise same powers the Code of Civil Procedure, 1908 when trying solve of the following matters, namely :-- discovery and inspections; enforcing the attendance of any person and examining him on oath; compelling the production of documents; and such other matters as may be prescribed.”

35. SEC - 15 Recovery of expenses – The Central Government may direct that the expenses of any inquiry conducted by a committee shall be in the mine concerned , the owner or agent shall pay amount on application by the CIM and RIM within six weeks from receiving the notice from Central Government

36. CHAPTER - IV MINING OPERATIONS AND MANAGEMENT OF MINES SEC - 16 Notice to be given of mining operations – SEC - 17 Managers SEC - 18 Duties and responsibilities of owners, agents and managers

37. SEC - 16 Notice to be given of mining (1) The management shall give to notice the CIM , RIM , Controller, Indian Bureau of Mines and the District Magistrate before the commencement of any mining operation, (2) Any notice given to reach the persons concerned at least one month before the commencement of any noting operation.

38. SEC - 17 Managers (1) every mine shall be under a sole manager 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.

39. (2) 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 . (3) Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give instructions affecting the fulfillment of his statutory duties of manager who is responsible for mine

40. SEC - 18 Duties and responsibilities of owners, agents and managers the owner and agent of every mine shall each be responsible for making financial and compliance the act (3) If there may contravention of the provisions of this Act , regulations, rules, bye-laws or orders , he give to every person giving such instructions shall also be liable for the contravention of the provision concerned. (4) the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and orders made there under.

41. (5) If a man violates the rule ,regulation and act then he will , remain in the guilt except for the order of the following person : the superior official of mine the manager of the mine the owner and agent of the mine the person behalf of owner By the action taken against the owner and agent under this provision, It shall not brought defense in any proceedings by the manager and other official appointed by owner under the act.

42. CHAPTER – V PROVISION AS TO HEALTH AND SAFETY SEC - 19 Drinking water SEC - 20 Conservancy SEC - 21 Medical appliance SEC - 22 Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous SEC - 22A Power to prohibit employment in certain cases SEC - 23 Notice to be given of accidents SEC - 24 Power of Government to appoint court of enquiry in cases of accidents SEC - 25 Notice of certain diseases SEC - 26 Power to direct investigation of causes of diseases SEC - 27 Publication of reports :-

43. SEC - 19 Drinking water (1)In every mine effective arrangement shall provide and maintain a sufficient supply of cool and clean drinking water for all persons employed in mine. In case of below ground the CIM may permit to any other effective arrangements to be supply provide drinking water. (2) All points shall be 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 6 m of any washing place, urinal or latrine, unless a shorter distances is approved in writing by the CIM

44. (3) In respect of all mines of mines, the Central Government may make rules for securing compliance with the provisions of sub-sections (1) and (2) and for the examination by prescribed authorities of the supply and distribution of drinking water.

45. SEC - 20 Conservancy There shall be provided, separately for males and females in every mine, a sufficient number of latrines and urinals and accessible to persons employed in the mine at all times. All latrines and urinals shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition. 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 .

46. SEC - 21 Medical appliance In every mine there shall be maintained and to be accessible during all working hours such number of first-aid boxes equipped with prescribed item. Nothing will be placed in the first box or room except the prescribed items. Every first-aid box shall be kept in the charge of a responsible person who is trained in such first-aid treatment and who shall always be readily available during the working hours of the mine.

47. (4) In every mine there shall be arrangements of conveyance to hospitals of persons who suffer bodily injury or become ill. (5) In every mine where in more than 150 persons are employed there shall be a first-aid room with equipment and in the charge of nursing and medical staff .

48. SEC - 22 Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous If in any case matter which no express provision is made by under this Act, But due to defective management and supervision, if a person is injured, then the Chief Inspector will give notice to the manager to remove the reason. (1A) Where the owner, agent or manager of a mine fails to comply the notice given under sub-section (1) within the period specified , the Chief Inspector or the Inspector may order in writing, prohibit the employment in the mine .

49. (2) Order prohibiting depillaring : - CIM and IM may prohibit depillaring in the mine, if he is opinion that : - it may lead to crushing of pillars - may danger the safety of person - adequate provision against outbreak of fire or flooding have not been made by sealing off / isolation of the part of the mine (3) Prohibiting employment in case of urgent and immediate danger : If CIM opinion that employment of mine in urgent danger ,he may prohibit employment until that danger will be remove .

50. (3A) payment of wages : - Every person whose employment is prohibited under sub-section (1A) the management shall be liable for payment of such full wages of that person: The management may instead of paying such wages he provide an alternative employment at the same wages which such person was receiving in the employment which was prohibited

51. (4) Appeal to CIM : - Where notice and order has been issued by RIM , management may appeal to CIM within 10 day the receipt of notice or order under sub-section (1), (1A), (2) , (3) . CIM may confirm, modify or cancel the notice or order. (5) Intimation to Central Government : CIM/ IM issued notice or order shall inform the central govt.

52. (6) Appeal to central govt. : the owner, agent or manager may appeal to central govt. against a notice or order issued by CIM within 20 day of receipt . Central Government may refer the appeal to a committee ordinarily within two months (7) Compliance pending decision : - Committee may on the application of the owner or manager, suspend the operation of a notice pending its decision on the objection

53. SEC - 22A Power to prohibit employment in certain cases This is applicable in case of repeated and serious violations Notice of rectification : - If management fail to comply with such express provisions relating to safety , the CIM may give notice pinpointing contravention and requiring compliance within a specified /extended time. Order – if rectification is no done CIM may order to prohibit the employment of mine .

54. (3) Payment with wages : Person whose employment is prohibited shall be paid full wages or given alternative employment at the same wages by the management. (4) The provisions of section 22 regarding information to central govt , appeal central govt and compliance pending decision of committee shall apply to notice or order issued under sub section 1 and 2 above .

55. SEC - 23 Notice to be given of accidents (1) Whenever there occurs in mine:- an accident causing loss of life or serious bodily injury an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter an influx of inflammable or noxious gases, or a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline

56. an over winding of cages of other means of conveyance in any shaft while persons or materials are being lowered or raised a premature collapse of any part of the workings The management shall give notice of the occurrence to RIM and within such time and he shall simultaneously post one copy of the notice on a special notice-board where inspected by trade union officials and ensure that notice on notice board at least 14 days from the date of such posting.

57. ( 1A) Whenever an accident causing reportable injury to any person the management shall enter in a register such occurrence in and copies entries give CIM once in quarter. (2) Where a notice given relates to an accident causing loss of life, the RIM shall make an inquiry into the occurrence within two months of the receipt of the notice .

58. (3) The Central Government may notification in the Official Gazette that accidents which cause bodily injury resulting absence from work of the person injured for a period exceeding 24 hours and shall be entered in a register. (4) A copy of the entries in the register in sub section (3) shall be sent by management of the mine, on or before the 20 th day of January in the year to the CIM

59. (5) Whenever accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed before the arrival or without the consent of the CIM or IM and prohibit the working of the mine; where CIM or IM fails to inspect the place of accident, within 72 hours of the time of the accident, work may be resumed at the place of the accident

60. SEC - 24 Power of Government to appoint court of enquiry in cases of accidents (1) After a major accident Central Government may appoint a court of enquiry , if considered necessary. For this purpose , competent person may be appointed . He may be assisted by one or more persons possessing legal or special knowledge to act . (2) The competent person shall have. - power of civil court to enforce attendance of witnesses and compelling production of document. Powers of an IM under this mine act (3) He shall hold the inquiry in public and send a report to the Central Government stating the causes of the accident and adding any observations which he think it .

61. SEC - 25 Notice of certain diseases (1) Where any person employed in a mine contacts any disease notified by the Central Government in the official Gazette as a disease connected with mining operations the owner , agent or manager shall send notice to the CIM , IM (medical) . (2) If any medical practitioner attends on a disease person who suffer from any disease ,the medical practitioner shall send a report in writing to the CIM stating -- the name and address of the patient. The disease from which the patient is suffer and The name and address of the mine in which the patient was last employed.

62. (3) After confirmation of the report, CIM shall pay to the medical practitioner such fee and the fee so paid shall be recoverable from the owner, agent or manager of the mine (4) If any medical practitioner fails to comply send report , he shall be punishable with fine which may extend to fifty rupees.

63. SEC - 26 Power to direct investigation of causes of diseases (1) The Central Government may appoint a competent person to inquire into and report it under sub-section (1) of section 25 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-section (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.

64. SEC - 27 Publication of reports The Central Government may published any report submitted by a Committee under section 12 , 14 and 26 at such time .

65. CHAPTER – VI HOURS AND LIMITATION OF EMPLOYMENT SEC - 28 Weekly day of rest SEC - 29 Compensatory days of rest SEC - 30 Hours of work above grounds SEC - 31 Hours of work below grounds SEC - 32 Night shifts SEC - 33 Extra wages for overtime SEC - 34 Prohibition of employment of certain persons SEC - 35 Limitation of daily hours of work including over-time work

66. SEC - 36 Notices regarding hours of work SEC - 37 Supervising staff SEC - 38 Exemption from provisions regarding employment SEC - 39 Power to make exempting rules:- SEC - 40 Employment of persons below eighteen years of age SEC - 43 Power to require medical examination SEC - 45 Prohibition of the presence of persons below eighteen years of age in a mine SEC - 46 Employment of women SEC - 47 Disputes as to age Rep. By the Mine (Amendment) Act 1959 (62 of 1959), S.28 SEC - 48 Register of persons employed:-

67. SEC - 28 Weekly day of rest No person shall be allowed to work in a mine for more than six days in any one week

68. SEC - 29 Compensatory days of rest If due to an emergency , a person cannot be given weekly day of rest , a Compensatory day of rest shall be given in the same month or next two month . Compensatory day of rest shall be spread that in any 1 week , a person is not allowed more than 2 such days .

69. SEC - 30 Hours of work above ground (1) No person shall be allowed to work in a mine for more than 48 hours in a week , or 9 hour in a day aboveground daily maximum hours limit may exceed in order to CIM . (2) A person shall not work for more than 5 hour continuously before he had an interval of rest for at least an ½ hour and spreading (including rest interval ) shall not exceed 12 hours , by permit of CIM a period not exceeding 14 hours in any day.

70. (3) Persons belonging to two or more shifts shall not be allowed to do work of the same kind above ground as the same time:

71. SEC - 31 Hours of work below grounds (1) No person shall be allowed to work in a mine for more than 48 hours in a week , or 8 hour in a day belowground daily maximum hours limit may exceed in order to CIM (3) No person shall be allowed of work area which has not be assign to him in belowground

72. SEC - 32 Night shifts Where a person employed in a mine works on a shift which start from midnight – 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. the following day for him shall be deemed to be the period of twenty four hours beginning when such shifts ends, and the hours he has worked after midnight shall be counted in the previous day.

73. SEC - 33 Extra wages for overtime Where in a mine a person works above ground for more than 9 hour in any day or works below ground for more than 8 hours in any day or works for more than 48 hours in any week. He shall be paid such overtime , wages at the rate of twice his ordinary rate of wages the period of overtime work being calculated on a daily basis The Central Government may prescribed the register to be maintained in a mine for the purpose of securing compliance with provisions of this section

74. SEC - 34 Prohibition of employment of certain No person shall be allowed to work in a mine if he has already been working in any other mine within the preceding 12 hours.

75. SEC - 35 Limitation of daily hours of work including over-time work N o person employed in a mine shall be allowed to work in the mine for more than ten hours in any day inclusive of overtime

76. SEC - 36 Notices regarding hours of work The manager of every mine shall posted a notice outside the office of the mine prescribed the time of the commencement and end of work at the mine if it is proposed to work by a system of relays, the time of the commencement and end of work for each relay. In the case of a mine at which any change in commencement he shall be posted notice at least 7 days before commencement of work The copy notice shall be sent to the CIM

77. Where it is proposed any alteration in the time fixed for the commencement or end of work or relay or rest intervals in the mine , notice posted outside the office of the mine not less than 7 days before the change is such change , a copy of such notice shall be sent to the Chief Inspector not less than 7 days before such change. No person shall be allowed to work in a mine otherwise than in accordance with the notice in sub-section (1).

78. SEC - 37 Supervising staff Nothing in section 28, section 30, section 31, section 34 or sub-section (5) of section 6 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.

79. SEC - 38 Exemption from provisions regarding employment (1) Manager may permit to any person to contravention of act in following condition – In case of an emergency involving serious risk to the safety of the mine or of persons employed in case of an accident, 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 provisions of act section 22 , 22A , 28 , 30, 31, 34 , 36

80. (2) Every case in which action has been taken by the manager under sub-section(1) shall be recorded and a report shall also be made to the CIM or RIM

81. SEC - 39 Power to make rules The Central Government may make exempting rules in such conditions as may be specified from sub section (5) of section 28 ,36 and section 30 , 31, 34 where an emergency involving serious risk to the safety of the mine or the persons employed in mine in case of an accident the persons engaged in work of a preparatory or complementary nature, which must necessarily for avoiding serious interference with the ordinary working of the mine. the persons engaged in urgent repairs work the persons employed in any work, which for technical reasons must be carried on continuously

82. SEC - 40 Employment of persons below eighteen years of age (1) After the commencement of the Mine (Amendment) Act, 1983, no person below eighteen years of age shall be allowed to work in any mine (2) the manager may allowed to trainees which not less than 16 years of age, under proper supervision, in a mine

83. In the case of trainees, other than apprentices prior approval of the CIM or RIM shall be obtained before they are allowed to work. Explanation - In this section “apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961.

84. SEC - 43 Power to require medical examination (1) Where apprentice or trainee or below 16 years age are employ in mine , the Inspector may give a notice to the manager of the mine that such person shall be examined by a certifying surgeon and if such person shall not fit , then not allowed to work (2) Every certificate granted by a certifying surgeon for the purpose of this Act, be conclusive evidence of the matters referred .

85. SEC - 45 Prohibition of the presence of persons below eighteen years of age in a mine In the provisions 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 18 years of age shall be allowed to be present in a mine above ground

86. SEC - 46 Employment of women (1) No woman shall be employed- - in any part of a mine which is below-ground. - In any mine above ground except between the hours 6 am and 7 pm. (2) An interval of at least 11 hours between the end of the work on any one day and start of work next day (3) By Special notification by Central Government between 5 am to 10 pm

87. SEC - 48 Register of persons employed (1) For every mine there shall be kept Register of all persons employed in the mine showing in respect of each such person – the name of the employee with the name of his father or, her husband the age and sex of the employee the nature of employment (whether above ground or below ground or opencast working) and date of commencement of working . the signature or the thumb impression of the person concerned

88. (2) The entries in the register that workers work accordance, there would not be contravention of any of the provisions of this Chapter. (3) No person shall be employed in a mine until the entry in register .

89. (4) For every mine any special reason or special order by central govt. , there shall be kept separate registers showing in respect of each person employed in the mine:- below ground above ground in opencast workings, and above ground in other cases :- the name of the employees . the class or kind of his employment. where work is carried on by a system of relays, the shift to which he belongs and the hours of the shift.

90. (5) The register of persons employed below ground referred to in-sub section (4) shall show at any moment the name of every person who is then present below ground in the mine. (6) No person shall enter any opencast working or any working below ground unless he has been permitted by the manager or is authorised under this Act .

91. CHAPTER – VII LEAVE WITH WAGES SEC - 49 Application of Chapter SEC - 50 Leave defined SEC - 51 Calendar year defined SEC - 52 Annual leave wages SEC - 53 Wages during leave period SEC - 54 Payment in advance in certain cases:- SEC - 55 Mode of recovery of unpaid wages SEC - 56 Power to exempt mines:-

92. SEC - 49 Application of Chapter The provisions of this Chapter shall not operate to the prejudice of any right to which a person employed in a mine .

93. SEC - 50 Leave defined For the purposes of this Chapter leave shall not include weekly days of rest or holidays or festivals or other similar occasions whether occurring during or at either end of the period.

94. SEC - 51 Calendar year defined For the purpose of this Chapter a calendar year shall mean the period of 12 months beginning with the first day of January in any year.

95. SEC - 52 Annual leave wages Every person employed in a mine who has completed one calendar year( Jan – Dec ) of service , shall be allowed annual leave with wages in next calendar year at the rate given below Belowground persons : 1 day leave for every 15 days work ( min. attendance 190 days ) other persons : 1 day leave for every 20 days work ( min. attendance 240 days )

96. In counting the minimum attendance , the following shall be counted as days of attendance . days of lay-off by agreement days of maternity leave upto 12 weeks in the case of a female employee Days of earned leave in previous year (3) For person who has joined not on 1st Jan , leave shall be calculated at the same time rate ,but the minimum attendance required for entitlement shall be as follows – below ground : ½ of the remaining working days of the calendar year . in other case : 2/3 of the remaining working days of the calendar year .

97. (4) The leave not taken by any person to which he is entitled in any one calendar year , shall be added to the leave to be allowed to him during next calendar year. - however , the total leave accumulated at any time not exceed 30 days - If person has applied for leave with wages but has not been given such leave in accordance with sub-section(6) shall be entitled to carry forward the un availed leave without any limit.

98. ( 5) For availing leave , person have been apply in to the manager at least 15 days in advance a person can take leave maximum in 3 times in a calendar year (6) An application for leave shall not be refused unless in emergency

99. (7) If a person wants to avail the leave with wages due to him to cover a period of illness , he shall be granted such leave even if he has not applied the leave in advance . (8) If the employment of a person in a mine is terminated by manager before he has taken the entire leave to which he is entitled up to the day of termination of his employment, or, the management of the mine shall pay him the amount payable under section 53 in respect of the leave not taken and such payment shall be made before the expiry of the second working day after such termination

100. (10) Where the person employed in a mine is discharged from service, dies while in service , quits his employment. He and his nominee will get due wages as per the rules given below . below ground - ½ attendance of the total number of days from the date of his employment to the date of his discharge in other case - 2/3 attendance of the total number of days from the date of his employment to the date of his discharge - wages shall be made by management at the rate specified in section 53

101. SEC - 53 Wages during leave period For the leave allowed to a person he shall be paid at a rate equal to the daily average of his total full-time earnings and allowance for the days on which he was employed during the month. Provided that if no such average earning 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 months.

102. SEC - 54 Payment in advance in certain cases Any person employed in a mine who has been allowed leave for not less than 4 days shall before his leave begins be paid the wages due for the period of the leave allowed

103. SEC - 55 Mode of recovery of unpaid wages Any sum required to be paid by the owner, agent or manager of a mine under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the payment of Wages Act. 1936

104. SEC - 56 Power to exempt mines :- 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 favorable than those provided for in this Chapter, it may exempt the mine from all or any of the provisions of the Chapter order Central Government .  

105. CHAPTER – VIII REGULATIONS, RULES AND BYE-LAWS SEC - 57 Power of Central Government to make regulations SEC - 58 Power of Central Government to make rules SEC - 59 Prior publication of regulations and rules SEC - 60 Power to make regulations without previous Publications SEC - 61 A. Laying of regulations, rules and bye-laws before parliament SEC - 62 Posting of abstracts from Act, regulations etc

106. SEC - 57 Power of Central Government to make regulations (1) The Central Government may make regulations consistent with this Act for the following purposes, namely: for prescribing the qualifications required for appointment as CIM or RIM for prescribing and regulating the duties and powers of the CIM and RIM in regard to the inspection of mines under this Act for prescribing the duties of owners, agents and managers of mines and persons acting under them for requiring facilities to be provided for managers of mines and other persons acting under them to efficiently discharge their duties.

107. e) by examination for qualification of managers of mines and persons acting under them and the granting and renewal of certificates of competency. f) for fixing the fees for examinations and of the grant and renewal of such certificates. g) it shall be lawful for more mines under a single manager, or mines to be under a manager not having the prescribed qualifications.

108. h) for inquiries to be relating to misconduct or incompetence of any person holding a certificate under this act and for the suspension or cancellation of any such certificate and for providing where ever necessary, that the person appointed to hold an inquiry shall have all the powers of a civil court under the Code of Civil Procedure 1908, (V of 1908)

109. i ) For regulating the provisions of the Indian Explosives Act, 1884 and any rules made under conveyance and use of explosive, j) For prohibiting, restricting or regulating the employment of women in mines; k) For providing for the safety of the persons employed in a mine, their means of entrance and exit there from the number of shafts and the fencing of shafts, pits, outlets, pathway and subsidence l) For prohibiting the employment in a mine except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine;

110. m) For providing for the safety of the roads and working places in mines, including the maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine n) For the inspection of workings and sealed off fire-areas in a mine, and for the restriction of workings in the vicinity of the sea or any lake or river or any other body of surface water, whether natural or artificial, or any public road or building and for requiring due precaution to be taken against the irruption or inrush of water or outbreak of fire in or premature collapse of any workings

111. o ) For providing ventilation of mines and the action to be taken in respect of dust fire, and inflammable and noxious gases, including precautions against spontaneous combustion, under ground fire and coal dust; p) For regulating the provisions of the Indian Electricity Act, 1910 and of any rules made the generation, storage, transformation transmission and use of electricity in mines q)For regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground

112. r) For providing for proper lighting of mines and regulating the use of safety lamps in the persons entering a mine s) For providing against explosions or ignitions of inflammable gas or dust or irruption or accumulations of water in mines and against danger arising there from

113. u ) For requiring owners, agents and managers of mines to have fixed boundaries for the mine, for prescribing the plans and sections and field notes for the submission of copies to the CIM and for requiring fresh surveys and plans by CIM v) For regulating the procedure on the occurrence of accidents or accidental explosions or ignitions or about mines for dealing effectively with the situation.

114. w) For prescribing the form in the notice to be given by the owner, agent or manager of a mine under section 16; x) For prescribing the notice to be given by the owner, agent or manager of mining before mining operations are commenced at or extended to any point within 45 metres of any railway subject to the provisions of the Indian Railways Act, 1890, of any public roads or other works, as the case may be which are maintained by the Government or any local authority. y) For the protection from injury, in respect of any mine when the workings are discontinued, property vested in the Government or any local authority or railway company as defined in the Indian Railways Act, 1890 .

115. yy) for requiring protective works to be constructed by the owner, agent or manager before the mine is closed z) for providing for the appointment of Courts of Inquiry under quarry, incline, shaft pit , any dangerous or prohibited area, subsidence haulage, tramline or pathway, where such fencing is necessary for the protection of the public zz) any other matter which has to be or may be prescribed

116. Summary of regulation purpose Qualifications of CIM and RIM Duties of CIM and RIM duties of owners, agents , managers and others examination for certificates of competency. Explosives related provision Limitation of women Safety of mine entry and exit safety of the roads and working places sealed off fire-areas and inrush of water ventilation of mines

117. electricity in mines Safety of machinery lighting of mines explosions or ignitions of inflammable gas and heavy water fixed boundaries for the mine occurrence of accidents Notice before mine starting appointment of Courts of Inquiry dangerous or prohibited area,

118. SEC - 58 Power of Central Government to make rules The Central Government may make rule consistent with this Act for all or any of the following purposes namely - for providing the term of office(Committee) and filling vacancies among, the members of a Committee and for regulating the procedure to be followed by a Committee 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 powers of such Courts for the payment of travelling allowance to the members, paid by the manager, owner or agent of the mine concerned; (cc) for providing the inspection of mines which reports of such inspections are to be made

119. d) for requiring the maintenance of the rooms use of children under the age of six years belonging to such women, and for prescribing number of women employed in the mine, the number of standards of such rooms, and the nature. e) for requiring the maintenance pitheads bathing and locker rooms f) For prescribing the standard of sanitation and no of latrine and urinal drinking water point in mine. ff) for providing for medical appliances and number of first-aid boxes and cupboards, the training in first-aid work, the size and equipment of first-aid rooms and staff ,arrangements for conveyance of injured persons to hospitals or dispensaries

120. fff) for requiring practical instruction to training of persons employed g) for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine . h) for prescribing the form of notices required under section 36 for defining the purpose of section 37 J) for prohibiting the employment in mines of persons have not been certified by a qualified medical practitioner to have completed their 15 year, kk ) for requiring persons employed or seeking employment at mines to submit themselves for medical examination

121. l) for prescribing the form of registers required by section 48 and the maintenance and form or registers for the purposes of Chapter VII; m) for prescribing abstracts of this Act and of the regulations and rules and the language in which the abstracts and bye-laws shall be posted as required by section 61 and 62; n) for requiring notices, returns and reports in connection with any matters by owners ,agents and managers of mines

122. o) for requiring the provision adequate and suitable shelters for taking food with drinking water where more than 50 persons are ordinarily employed p) For requiring the provision a canteen where 250 are employed q) For requiring the provision number of welfare officer where 500 or more persons are ordinarily employed . r) For requiring the establishment of rescue stations s) For providing for the management of rescue stations

123. sa) for providing provision the qualifications rescue brigades . sb) prescribing the places of residence of rescue brigades; t) for prescribing the position, equipment, control, maintenance and functions of rescue stations; u) for providing provision the collection the fund for rescue station from coal mining v) for providing for the formation, training composition and duties of rescue brigades vv) for providing for the constitution and function of safety Committees for specified mine or groups of specified mines

124. Summary of rule purpose Committee from act Courts of Inquiry Inspection report Children room pitheads bath and locker rooms sanitation and latrine and urinal first-aid boxes and room practical training prohibition intoxicating drinks or drugs Notice working hour and start to end

125. prohibition employment without medical fit medical examination form or registers notices, returns and reports Shelters above 50 Canteen above 250 welfare officer above 500 rescue stations rescue brigades safety Committees for mine

126. SEC - 59 Prior publication of regulations and rules The power to make regulations and rules conferred by section 57 and 58 previous publication. Draft of proposed regulations or rules prepared by central govt. is published general information and get objections and suggestion from all person likely to be affected , giving 3 month time

127. 4. After taken objections and suggestion received within 3 month period and the view of Committee and the govt may finalise the rule and regulation 5. The central govt publishes finalised Regulation and in the official Gazette , on such publication they become effective

128. SEC - 60 Power to make regulations without previous Publications T he Central Government is satisfied that for the prevention of danger it is necessary in making such regulations to dispense with the delay that without previous Publications Provided that any regulation so made shall be send to the said committee for information and shall not remain in force for more than one year from the making there

129. The management of a mine may to submit a draft of bye-laws after being called upon to do so by the CIM or RIM Within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the CIM or IM to the management If within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the CIM or IM to the management the CIM or IM and management unable to agree as to the terms of the bye-laws the CIM or RIM shall refer the draft bye-laws for settlement to the Committee

130. (4) (a)When such draft bye-laws have been agreed to by management and the CIM or RIM , or which they are unable to agree, have been settled by the Committee constituted , a copy of the draft bye-laws shall be sent by the CIM or RIM to the Central Government for approval b) The Central Government may make such modification of the draft bye-laws as it thinks fit.

131. c) Before the Central Government approves the draft bye-laws, the Central Government may informing the persons affected and give the time at least 30 day d) Every objection shall be in writing and shall state – i) the specific grounds of objections and ii) the omissions, additions or modifications asked for e) The Central Government shall consider any objection made within the required time by the persons appearing to it to be affected and may approve the bye-laws

132. 5) The bye-laws, when so approved by the Central Government and the management of the mine shall cause a copy of the bye-laws, in English and in such other language, to be posted up in some conspicuous place at or near the mine 6) The Central Government may, order in writing rescind the whole or in part, any bye- laws so made, and thereupon such bye-laws shall cease to have effect accordingly.

133. SEC - 61 A Laying of regulations, rules and bye-laws before parliament Every regulation , rule and bye-law shall be laid as soon as each house of parliament, while it is in session, for a total period of 30 days so however that any such modification or amendment shall be without prejudice to the validity of anything previously done under that regulation, rule or bye-law, as the case may be.”

134. SEC - 62 Posting of abstracts from Act, regulations etc There shall be kept posted up at or near every mine in English and in such other language the prescribed abstracts of the Act and of the regulations and rules

135. CHAPTER – IX PENALTIES AND PROCEDURE SEC - 63 Obstruction SEC - 64 Falsification of records SEC - 65 Use of false certificates of fitness SEC - 66 Omission to furnish plans etc SEC - 67 Contravention of provisions regarding employment of labour SEC - 68 Penalty for employment of persons below eighteen years of age

136. SEC – 69 Failure to appoint manager SEC - 70 Notice of accidents SEC - 71 Owner etc. to report to Chief Inspector in certain cases SEC – 72 Obligations of persons employed in a mine SEC - 72A Special provision for contravention of certain regulations SEC – 72B Special provision of contravention of order under section 22 SEC - 72C Special provision for contravention of law with dangerous results-

137. SEC – 73 General provision of disobedience of others. SEC - 74 Enhanced penalty after previous conviction SEC - 75 Prosecution of owner, agent or manager SEC - 76 Determination of owner in certain cases SEC - 77 Exemption of owner, agent or manager in certain cases - SEC - 78 Power of court to make orders - SEC – 79 Limitation of prosecutions - SEC - 80 Cognizance of offences SEC - 81 Reference to Committee in lieu of prosecution in certain cases

138. SEC - 63 Obstruction (1) Whoever obstructs the CIM or RIM in the discharge of his duties under this Act. refuses of wilfully neglects to afford the any reasonable facility for making any entry, inspection, examination or inquiry , He shall be punishable with imprisonment of a term which may extend to 3 months, or with fine which may extend to 500 rupees, or both. (2) Whoever refuses to produce on the demand of the RIM or CIM any registers or other documents , He shall be punishable with fine which may extend to 300 rupees .

139. SEC - 64 Falsification of records Whoever – knowingly makes a false statement in any certificate, or any official copy of a certificate, granted under this Act or knowingly uses as true any such false certificate, or makes or use any false declaration, statement or evidence knowing the same to be false for any other person a certificate or the renewal of a certificate falsifies any plan, section, register or record, the maintenance of which is required by or under this Act or makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge , he shall be punishable with imprisonment for a term which may extend to 3 months or with fine which may extend to 1000 rupees or with both

140. SEC - 65 Use of false certificates of fitness Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself , person shall be punishable with imprisonment for a term which may extend to 1 month, or with fine which may extend to 200 rupees, or with both.

141. SEC - 66 Omission to furnish plans etc Any person who, without reasonable excuse the burden of providing which shall lie upon him, omits to make in the prescribed form or within the prescribed time any plan, section return, notice, register; record or report required by or under this Act to be made shall be punishable with fine which may extend to 1000 rupees.

142. SEC - 67 Contravention of provisions regarding employment of labour Whoever contravenes any provision of this Act regulation , rule, bye-law, presence of persons in or about a mine shall be punishable with imprisonment for a term which may extend to 3 months, or with fine which may extend to 1000 , or with both.

143. SEC - 68 Penalty for employment of persons below eighteen years of age If a person below 18 years of age is employed in a mine in contravention of section 40, the management of such mine shall be punishable with fine which may extend 500 rupees.

144. SEC – 69 Failure to appoint manager 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 300 months or with fine which may extend to 200 and 500 rupees, or both.

145. SEC - 70 Notice of accidents (1 ) Whoever in contravention of the provision fails to give notice of any accidental occurrence or to post a copy to notice board shall be punishable with imprisonment for a term which may extend to 3 months, or with fine which may extend to five 500 rupee or with both. (2) Whoever in contravention of a direction made by the Central Government fails to record in the prescribed register to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to 3 months or with fine which may extend to 3 months or with fine which may extend to 500 rupees, or with both.

146. SEC - 71 Owner report to Chief Inspector in certain cases Where the management of a mine, as the case may be, has taken proceeding under this Act against any person employed in or about a mine in respect of an offence under this Act, he shall within 21 days from the date of the judgment or order of the court report the result thereof to the Chief Inspector.

147. SEC – 72 Obligations of Persons E mployed in a Mine No person employed in a mine shall -- willfully interfere with or misuse any appliance convenience of other thing provided in a mine for the purpose of securing the health, safety or welfare of the person employed therein. willfully and without reasonable cause do any endanger himself of others; willfully neglect to make us of any appliance or other thing provided in the mine

148. SEC - 72A Special Provision For Contravention Of Certain Regulations Whoever contravenes any provision of any regulations or of any bye-law or any order made there under, relating to matters specified in clauses (d),(I),(m),(n),(o),(p),(r), (s) and of section 7 shall be punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to 2000 rupees or with both.

149. SEC – 72B Special Provision of Contravention of Order Under Section 22 Whoever continues to work a mine in contravention of any order issued under of section 22 shall be punishable with imprisonment for a term which may extend to 2 year and shall also be liable to fine which may extend to 5000 rupees. Provided that in the absence of special and adequate reasons to the country to be recorded in writing in the judgment of the court, such fine shall not be less than 2000 rupees.

150. SEC - 72C Special provision for contravention of law with dangerous results- (1) Whoever contravenes any provision of the Act or of regulation, rule or bye-law or of any order made under section 22 , 22A shall be punishable - If such contravention results in loss of life, with imprisonment which may extend to 2 years, or with fine which may extend to 5000 rupees, or with both If such contravention results in serious bodily injury with imprisonment which may extend to 1 years, or with fine which may extend to 3000 rupees, or with both If such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to 3 months or with fine which may extend to100 rupees, or with both. 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, in the case of a contravention referred to in clause (a), shall not be less than 3000 rupees.

151. (2) Where a person having been convicted under this section is again convicted there under, shall be punishable with double the punishment provided by sub-section (1). (3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured or, in the case of his death, to his legal representative Provided that if the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed of, if an appeal has been presented, before the decision of the appeal.

152. SEC – 73 General provision of disobedience of others Whoever contravenes any provision of this Act or any regulation, rule or bye-laws under for the contravention of which no penalty is herein before provided shall be punishable with imprisonment for a term which may extend to 3 months, or with fine which may extend to 1000 rupees, or with both.

153. SEC - 74 Enhanced penalty after previous conviction If any person who has been convicted for an offence punishable under any of the foregoing provisions (other than section 72B and 72C) is again convicted for an offence committed within 2 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 provision.

154. SEC - 75 Prosecution of owner, agent or manager No prosecution shall be instituted against any owner, agent or manager for any offence under this Act except at the instance of the CIM ,DM or IM. T he CIM ,DM and IM 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. In respect of an offence committed in the course of the technical direction and management of a mine, the DM shall not institute any prosecution against an owner, agent or manager without the approval of the CIM .

155. SEC - 76 Determination of owner in certain cases Where the owner of a mine is firm or other association of individuals, or any of the partners or any of the directors where the owner of a mine is a Government or any local authority, : W here a firm, association or company has given notice in writing to the Chief Inspector that it has nominated - in the case of a firm, any of its partners or managers: in the case of an association, any of its members or managers; in the case of a company any of its directors or managers.

156. Who is holds the largest number of shares in firm, association or company, to assume the responsibility of the owner of the mine for the purposes of this Act. Explanation :- Where firm, association or company has different establishment or branches then different persons may be nominated , deemed to be the owner of the mine.

157. SEC - 77 Exemption of owner, agent or manager in certain cases 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 giving to the prosecutor not less than 3 clear days not that he has used due diligence to enforce the execution of the relevant provisions of this act, and that the owner person committed the offence in question without his knowledge, consent or connivance, the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the owner, agent or manager of the mine and the owner, agent or manager, as the case may be, shall be acquitted,

158. Provided that – the owner, agent or manager of the mine as the case may be, may be examined on oath and his evidence and that of any witness who he calls in support If in spite of due diligence the person alleged as the, actual offender cannot be brought before the court on the date appointed for the hearing of the case, the court shall not exceed three months, and if by the end of the said period the person alleged as the actual offender cannot be brought before the court, the court shall proceed to hear the case against the owner, agent or manager as the case may be.

159. SEC - 78 Power of court to make orders - Where the owner, agent or manager of 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 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 shall be punishable with imprisonment for a term which may extend to 6 months, or with fine which may extend to 100 rupees for every day after such expiry on which the order has not been complied with, or with both.

160. SEC – 79 Limitation of prosecutions - No court shall take cognizance of any offence under this Act, unless complaint thereof has been made – within 6 months of the date on which the offence is alleged to have been committed, or within 6 months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, or In any case in which the accused is or was a public servant is necessary for taking cognizance of the offence within 3 months of the date on which such sanction is received by the CIM in any case where a Court of inquiry has been appointed by the Central Government under section 24, within 1 year after the date of the publication of the report

161. Explanation - For the purposes of this section – In the case of continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues, Where for the performance of any act time has been extended under this Act, the period of limitation shall be computed from the expiry of the extended period.

162. SEC - 80 Cognizance of offences No court inferior to that of a 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

163. SEC - 81 Reference to Committee in lieu of prosecution in certain cases If the court trying any case instituted at the instance of the CIM or DM under this Act is of opinion that the case is one which should, stead of a prosecution, be referred to a Committee it may stay the criminal proceedings and report the matter to the Central Government with a view to such reference being made On receipt of a report the Central Government may refer the case to a Committee or may direct the court to proceed with the trial.

164. CHAPTER - X MISCELLANEOUS SEC – 82 Decision of question whether a mine is under this Act SEC –83 Power to exempt from operation of Act SEC –84 Power to alter on rescind any orders - SEC –85 Application of Act to mines belonging to Government SEC –85A Persons required to give notice etc. legally bound to do so SEC –85B Signing of returns, notices etc. SEC –85C No fee or charge to be realised for facilities and conveniences SEC -86 Application of certain provision of Act 63 of 1948 to mines SEC – 87 Protection of action taken in good faith SEC – 88 Repeal of Act 4 of 1923 Rep by the Repealing and Amending Act. 1959 (36 of 1957)

165. SEC – 82 Decision of question whether a mine is under this Act If any question arises as to whether any excavation or working belonging to a mine on which any process to the getting, dressing or preparation for sale or minerals or of coke is being carried on in a mine within the meaning of this Act, The Central Government may decide the question, and a certificate signed by a Secretary to the Central Government shall be conclusive on the point .

166. SEC –83 Power to exempt from operation of Act (1) The Central Government may by notification exempt either absolutely any specified conditions any local area or any mine or group or any class of persons from the operation 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 section 40 and 45 unless it is also exempted from the operation of all the other provisions of this Act. (2) The Central Government may special order in such condition authorise the CIM or any other authority to exempt, subject to any specified conditions, any mine or part thereof from the operation of any of the provisions of the regulations, rules or bye-laws

167. SEC –84 Power to alter on rescind any orders - The Central Government may reverse or modify any order passed under this Act. 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. 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.

168. SEC –85 Application of Act to mines belonging to Government This Act shall also apply to mines belonging to the Government.

169. SEC –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. (Act 45 of 1860)

170. SEC –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 shall be signed by the owner, agent or manager of the mine

171. SEC –85C No fee or charge to be realised for facilities and conveniences No fee or charge shall be realised from any person employed in a mine in respect of any protective arrangements or facilities to be provided, or any equipment or appliances to be supplied under the provisions of this Act

172. SEC -86 Application of certain provision of Act 63 of 1948 to mines The Central Government may order direct that the provisions of Chapter III and IV of the Factories Act, 1948 (63 if 1948) shall specified in the notification apply to all mines

173. SEC – 87 Protection of action taken in good faith No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this Act.

174. SEC – 88 Repeal of Act 4 of 1923 Rep by the Repealing and Amending Act. 1959 Transitory provision – (1) As from the date of constitution of the Committee under section 12 of the principal Act as amended by this Act – any Mining Board constituted under section 12 of the principal Act and functioning as such on the aforesaid date shall stand dissolved; the Chairman and members of any such Board, who on the aforesaid date are members of that Mining Board shall cease to hold office as such; all proceedings pending on the aforesaid date in any Mining Board shall stand transferred to the said Committee (2) Anything done or any action taken before the aforesaid date by any Mining Board shall, so far as it is not inconsistent with any of the provisions of the Principal Act as amended by this Act be as valid and effective as if it had been done or taken by the Committee.