The Mines Act 1952
haryana · 1952
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- S. 1Short title, extent and commencement – (1)This Act may be called the Mines Act, 1952
- S. 2Section 2 defines key terms used throughout the Mines Act 1952, including "adult," "agent," and "employed" in mining contexts.
- S. 3Section 3 exempts certain prospecting and non-mineral extraction mines from most provisions of The Mines Act 1952, except in specific cases where the Central Government may apply the Act.
Chapter Section 4
- S. 5The Mines Act 1952 allows the Central Government to appoint Chief and Inspectors of Mines, barring those with mine interests.
- S. 6Section 6 authorizes the Chief Inspector to delegate or restrict inspectors' powers and define their areas of responsibility.
- S. 7Section 7 empowers mine inspectors to examine, inquire, and inspect mines to ensure compliance with safety regulations.
- S. 8Powers of special officers to enter, measure, etc
- S. 9Section 9 mandates mine owners to provide inspectors with facilities for safety and health surveys, including overtime pay.
Chapter Section 1[9A
- S. 10Section 10 of The Mines Act 1952 mandates confidentiality of mine inspection information, with limited exceptions and penalties for unauthorized disclosure.
- S. 11Section 11 of The Mines Act 1952 appoints qualified medical practitioners as certifying surgeons to oversee medical examinations and supervision in mines.
- S. 12Section 12 of The Mines Act 1952 mandates the Central Government to form committees to oversee mining operations, including representatives from government, miners, mine owners, and qualified engineers.
- S. 13Section 13 outlines the functions of the committee, including rule-making, accident investigations, and appeal decisions, excluding the Chief Inspector from related proceedings.
- S. 14Powers, etc
- S. 15The Mines Act 1952 allows the Central Government to recover inquiry expenses from mine owners by selling their property.
- S. 16Section 16 requires mine owners or managers to notify relevant authorities at least one month before starting mining operations.
- S. 17Section 17 mandates that every mine must have a qualified sole manager responsible for its overall management and control.
- S. 18Section 18 of The Mines Act 1952 outlines the duties and responsibilities of mine owners, agents, and managers to comply with the Act and related regulations.
- S. 19Section 19 mandates mines to provide and maintain clean drinking water at marked points, with exceptions for underground workers.
- S. 20Section 20 mandates provision and maintenance of clean, well-ventilated latrines and urinals for mine workers.
- S. 21Section 21 mandates the provision of first-aid facilities and trained personnel in mines for injury and illness treatment.
- S. 22Section 22 empowers inspectors to issue notices and orders to remedy dangers in mines not explicitly covered by the Act.
Chapter Section 1[22A
- S. 23Section 23 mandates mine owners to report specified accidents to authorities and post notices for inspection by officials.
- S. 24The Mines Act 1952 allows the Central Government to appoint an inquiry court to investigate mine accidents and compel witness attendance.
- S. 25Section 25 mandates mine owners to report mining-related diseases to authorities and medical practitioners to report confirmed cases to the Chief Inspector.
- S. 26The Mines Act 1952 allows the Central Government to appoint investigators to examine and report on diseases contracted in mines.
- S. 27The Mines Act 1952 allows the Central Government to publish reports from committees and courts of inquiry.
- S. 28Weekly day of rest : No person shall be allowed to work in a mine for more than six days in any one week
- S. 29Section 29 provides for compensatory rest days for miners deprived of weekly rest days due to exemptions or actions under other sections.
- S. 30Section 30 regulates maximum working hours and rest intervals for adults employed above ground in mines.
- S. 31Limits weekly and daily work hours for underground mine employees and requires shift arrangements.
- S. 32Section 32 adjusts weekly rest periods and shift counting for night shifts in mines.
- S. 33Section 33 of The Mines Act 1952 mandates extra wages at double the rate for overtime work exceeding nine hours above ground or eight hours below ground in a mine.
- S. 34Section prohibits employing individuals who have worked in another mine within the last twelve hours.
- S. 35Limits daily work hours in mines to ten hours including overtime, except for specific exemptions.
- S. 36Section 36 mandates mine managers to post and update notices about work hours and rest intervals, and send copies to the Chief Inspector.
- S. 37Section exempts supervisory staff from certain provisions related to safety and management in mines.
- S. 38Section 38 allows mine managers to exempt workers from certain employment rules during emergencies or urgent repairs to protect mine safety.
- S. 39The Mines Act 1952 allows the Central Government to exempt certain mine workers from specific safety provisions during emergencies, accidents, or urgent repairs.
- S. 40Section 40 prohibits employment of persons under 18 in mines, except for supervised trainees over 16.
- S. 41—
- S. 42—
- S. 43Section 43 mandates mine inspectors to order medical exams to verify age and fitness for work of mine employees.
Chapter Section 1[44
- S. 45Section 45 prohibits individuals under 18 from being present in any part of a mine above ground where mining operations are ongoing.
- S. 46Section 46 prohibits women from working underground and restricts their above-ground work hours.
- S. 47Disputes as to age Rep
- S. 48Section 48 mandates the maintenance of detailed employment registers for mine workers, specifying their personal and employment details.
- S. 49Section 49 ensures that mine employees' leave entitlements under other laws or contracts take precedence over those in the Mines Act.
- S. 50Section 50 clarifies that leave does not include weekly rest days, holidays, festivals, or similar occasions.
- S. 51Section 51 defines a calendar year as the twelve-month period starting from January 1st.
- S. 52Section 52 of The Mines Act 1952 provides for annual leave with wages for mine employees based on their working days.
- S. 53Section 53 of The Mines Act 1952 specifies wage calculation for leave in mines, based on average earnings.
- S. 54Section 54 mandates that miners with at least four days of leave must be paid wages for the leave period before it begins.
- S. 55Section 55 allows unpaid wages from a mine owner, agent, or manager to be recovered as delayed wages under the Payment of Wages Act, 1936.
- S. 56Section 56 allows the Central Government to exempt mines from Chapter VIII rules if leave benefits are deemed equivalent.
- S. 57Section 57 empowers the Central Government to make regulations for mine inspections, qualifications, duties, and competency certification.
- S. 58Section 58 empowers the Central Government to make rules for various mine-related administrative and operational procedures.
- S. 59Section 59 of The Mines Act 1952 mandates regulations and rules to be published and reviewed before enactment.
- S. 60Section 60 allows the Central Government to make urgent safety regulations without prior publication if immediate action is needed to prevent danger in mines.
Chapter Section 61
Chapter Section 1[61A
- S. 62Posting of abstracts from Act, regulations etc
- S. 63Section penalizes obstruction of mine inspectors and refusal to provide necessary facilities or documents.
- S. 64Section 64 penalizes falsification of records, certificates, and employment documents in mines under the Mines Act 1952.
- S. 65Section penalizes using or allowing use of false fitness certificates under the Mines Act.
- S. 66Omission to furnish plans etc
- S. 67Section 67 penalizes violations of labor employment regulations in mines with up to three months' imprisonment or a fine up to ₹1,000.
- S. 68Section penalizes mine owners, agents, or managers with fines for employing individuals under 18.
- S. 69Section 69 penalizes failure to appoint a manager in mines with imprisonment, fine, or both.
- S. 70Section 70 penalizes failure to report and record mine accidents as per specified requirements.
- S. 71Owner etc
- S. 72Section 72 prohibits mine employees from interfering with safety appliances, endangering themselves or others, or neglecting safety provisions.
- S. 72ASection 72A penalizes violations of specific mine regulations with up to six months imprisonment or a fine of up to ₹2,000.
- S. 72BSpecial provision of contravention of order under section 22
- S. 72CSection 72C of The Mines Act 1952 penalizes mine law violations causing harm with imprisonment and fines, with harsher penalties for repeat offenses.
- S. 73General provision of disobedience of others
- S. 74Section doubles the penalty for repeat violations within two years after a previous conviction under the Mines Act.
- S. 75Prosecution of mine owners, agents, or managers requires approval from specific authorities after due diligence verification.
- S. 76Section 76 of The Mines Act 1952 assigns responsibility for mine management to partners, directors, or managers in the absence of a resident owner.
- S. 77Section 77 of The Mines Act 1952 allows mine owners, agents, or managers to claim another person as the actual offender if they used due diligence and the other person committed the offense without their knowledge.
- S. 78Section 78 empowers courts to order mine owners or managers to remedy offenses and impose penalties for non-compliance.
- S. 79Section 79 of The Mines Act 1952 sets time limits for prosecuting mining offenses, generally requiring complaints within six months of the offense or knowledge by an Inspector.
- S. 80Section 80 specifies that only Metropolitan Magistrates or Judicial Magistrates of the first class can try mine-related offenses by owners, agents, or managers.
Chapter Section 1[80A
- S. 81Section 81 allows courts to refer certain mining cases to a committee instead of proceeding with prosecution.
- S. 82Section 82 determines if an excavation qualifies as a mine under the Mines Act, with a government decision being final.
- S. 83Power to exempt from operation of Act
- S. 84Power to alter on rescind any orders (1) The Central Government may reverse or modify any order passed under this Act
- S. 85Application of Act to mines belonging to Government This Act shall also apply to mines belonging to the Government
- S. 85APersons required to give notice etc
- S. 85BSigning of returns, notices etc
- S. 85CSection 85C of The Mines Act 1952 prohibits charging employees for safety equipment or facilities provided under the Act.
- S. 86The Mines Act 1952 allows the Central Government to apply Factories Act 1948 provisions to mines.
- S. 87Section 87 protects individuals from legal action for good faith actions taken under the Mines Act.
- S. 88Repeal of Act 4 of 1923 Rep by the Repealing and Amending Act