Mines Rule 1955
Mines Rule 1955
Mines Rule 1955
NOTIFICATION
New Delhi, the 2nd July, 1955
CHAPTER - 1
Preliminary
1. Short title and application :- (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.
4(K)
CHAPTER - II
Committee
3. Term of office - The term of office of the members referred to in clause ©, (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:
(6) * * *
7. Resignation.- (1) A member other than the Chairman may resign the 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 *(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).
8. Absence from India - (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 registration.
(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.
9. Notification of Vacancies - (1) The chairman shall inform the Central
Government as soon as a vacancy occurs in the membership of the
(committee) by the resignation or death of 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 (appointed) to the (Committee) by the Government as the case
may be.
Provided that papers need not be circulated to any member who is absent
from India at the time.
Provided that if three or more members make such a request, the Chairman
shall direct that it be so considered.
11. Time and place of meetings - The (committee) shall meet at such places
and times as may be appointed by the chairman.
12. Notice of meetings - (1) The Secretary to the (committee) shall give at
least fourteen days’ notice to every member of the (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.
3(1A) * * *
4(“(2) Notices referred to in sub-rule(1) shall be delivered at, or posted to, the
usual place of residence of the member.”)
CHAPTER - III
Court of Inquiry
21. Court of inquiry to be public - The persons 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.
22. Recovery of expenses - 1(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 2(including any
expenses incurred with the previous sanction of the court and any other
expenses connected with the enquiry which the court may direct as
recoverable) from the owner, agent or manager of the mine concerned, in
such manner and within such time as the court may specify.)
CHAPTER - IV
Certifying Surgeons
23. Powers of Certifying Surgeon - 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 the 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 inspections, examination or inquiry as the case may be.
th
1 Substituted vide Notification No GSR 1886, dated 14 Dec. 1965
2. Substituted vide Notification No GSR 316 dated 14.4.1986.
3. Substituted vide ibid.
2(3) * * *
2(4) * * *
2(5) * * *
2(25) * * *
2(26) * * *
2(27) * * *
28. Fresh examination - (1) If any person sent up for medical examination in
pursuance of 3(* * *) section 43 4(..) is not certified to be fit by the Certifying
Surgeon, he shall not without the permission in writing of an Inspector, be sent
to another medical examination unless a period of six months has elapsed
from the time when he was last sent up for medical examination.
2(29) * * *
13. Presiding at meetings - The Chairman shall preside at every meeting of the
2(committee) 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
meting and the member so elected shall at that meeting exercise all the
powers of the Chairman.
Provided that at any meeting in which less than 3(four members including
the chairman) are 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.
(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 not
of dissent which shall form part of the record of the proceedings.
16. Minutes of the meetings - (1) The Secretary of the 1(committee) shall
circulate the proceedings of each meeting to all members of the (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.
17. Allowances to non official members - 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 Boards of Enquiry issued by the Central Government from
time to time.
or to be employed in mines
29A Applicability of this Chapter - Nothing in this Chapter shall apply to persons
who are employed purely on temporary or causal basis for a continuous period
not exceeding six months.
29B. Initial and periodical medical examinations - 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.
(ii) for the initial medical examination of every person seeking employment in a
mine, unless such person has already undergone within the preceding five
years, a medical examination under these rules while in employment at
another mine; and
(b) for the periodical medical examination thereafter of every person employed in
the mine at intervals of not more than five years.
1. Inserted vide Notification No. GSR 557(E), dated 18.11.1978
(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-rule(1),
shall be given a second notice of a minimum period of ten days in Form N, by
the manager and a copy of every such notice shall be sent by the manager to
the examining authority.
(4) The examining authority shall inform the manager whether the person
concerened has submitted himself for medical examination or not.
Provided further that in case of any dispute, the same shall be referred to
the Chief Inspector for his decision within 50 days of the order communicated by
the owner, agent or manager of the mine to the said person.
(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.
(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.
(b) A person, who for any reasonable cause, fails to submit himself for a medical
re-examination in accordance with the notice given to him under clause (a),
shall be given another notice in Form R in similar manner.
(c) A person who has, without reasonable cause, fails to submit himself for a
medical re-examination in accordance with a notice given to him under clause
(b) shall cease to be in employment at the time or in a particular category of
mines or in any specified operations in mine, as the case may be, after the
expiry of thirty days from the last date notified for his medical re-examination.
29K. Constitution of Appellate Medical Board - 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 consultant 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.
29M. Unfit persons not ton be employed - (1) Where as a result of an initial
medical examination under clause (a) or of a periodical medical examination
under clause (b) of rule 29-B a person has been declared unfit for employment in
mines or in a particular category of mines or in any specified operations in mine,
he shall not be employed or continue to employed in mine or in the category of
mines 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 employed in mine or in the category of mines or on the
operations specified, after the expiry of thirty days from the date of his medical
re-examination by the Appellate Medical Board:
Provided that, if the Medical Officer carrying out the initial medical
examination under clause (a), or the periodical examination under clause (b) of
rule 29B, or the Appellate Medical Board carrying out the medical re-examination
of persons already in employment is of the opinion that the disability of the
person examined is of such a nature and degree that it will not seriously affect or
interfere with the normal discharge of his duties it may recommend his
continuation in employment in the mine for a period not exceeding six months
during which such person may get his disability cured or controlled and submit
himself for another medical examination and be declared fit.
CHAPTER IV BT
29Q Workmen’s Inspector - (1) (a) For every mines wherein 500 or more
persons are ordinarily employed, the owner, agent or manager 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
union 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.
(b) In every mine, the owner, agent or manager shall constitute, in the manner
laid down in clause (a), a panel of workmen’s inspector who may serve as
substitute during absence of regular workmen’s inspector.
(c) In the panel there shall be at least one workmen’s inspector each for mining,
electrical and mechanical installation and operations.
(b) An official of the mine shall accompany the workmen’s inspector during his
inspection.
(c) The workmen’s inspector may carry out his inspection at any time.
(6) The workmen’s inspector shall not exercise his powers to impede or obstruct
the working of the mine.
(8) No owner, agent or manager shall take any action against a workmen’s
inspector for any of his actions in the discharge of his duties and functions laid
down in these rules.
(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 come to his notice -
i) to inform the manager and the inspector about the same; and
(2) The workmen’s inspector shall record a full report of the matters ascertained
as a result of this inspection in an interleaved paged and bound register kept
for the purpose at the mine in Form U. The workmen’s inspector making the
entry in the register aforesaid shall duly sign such entries with cate and take a
copy of the entries for his record.
(1) The owner, agent or manager of the mine shall enter in the register
mentioned in sub-rule (2) of rule 29R, within a period of 15 days from th date
of entry in the register, remarks thereon showing the remedial measures taken
and the date on which such action was taken.
(2) In case of any difference of opinion between the workmen’s inspector and the
owner, agent or manager, a copy of the report with remarks thereon regarding
such difference of opinion shall be sent by the owner, agent or manager to the
Chief Inspector or an inspector for decision.
29T Safety Committee - 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:
29V. Functions of Safety Committee - The functions 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 the
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 based on analysis
of accidents;
(5) to meet at least once in 30 days to consider the matter placed before it and
any other matter that may be raised by the members and make such
recommendations as it may deem fit; and
(6) to serve as a forum for communication on safety and occupational health
matters.
CHAPTER -V
30. Quantity of drinking water - (1) The quantity of drinking water to be provided
in a mine or any part hereof shall be on a scale of at least 1(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.
1. Substituted vide Notification No. GSR 31, dated 29.12.1960.
(2) Where 100 persons or more are employed, either above ground or in
opencast workings, 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.
31. Storage of drinking water - 1(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 whether and such vessels shall be emptied, cleaned
and refilled very day. Steps shall be taken to preserve the water, the storage
vessels and the vessels used for drinking water in a clean and hygienic
conditions.)
(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.
33. Surface latrines and urinals. - (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 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.
1. Substituted vide Notification No. GSR 1786 dated 30.9.1970
34. Standards of constructions .- 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 a inspector ;
e) the floor and any interior surface of walls up to a height of 1.24 metres shall
be cement punned or otherwise so finished as to provide a smooth impervious
surface ;
f) It shall be partitioned off so as to secure privacy and shall have a proper door
and fastenings; and where a latrine intended for the use of one sex adjoins a
latrine intended for the use of other sex, the approaches shall be separate;
g) where a latrine is of the service type, the service chamber shall be provided
with an efficient trap door and the receptacle for night-soil shall be of
galvanised iron :
h) the interior walls, ceilings and partitions shall be white-washed once at least in
very four months, and the dare of such white-washing shall be recorded in a
book kept at the mine for the purpose.
36 Provision of water for washing etc - (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 store in suitable receptacles near latrines.
37. Underground latrines - If in any mine more than fifty persons are employed
underground at any one time latrine shall be provided underground on a scale
approved by an inspector at convenient points near the working shafts and at
entrances to the district or sections of the mine. The latrines shall be of a type
approved of in writing by an inspector.
38. Sanitation- (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.
(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.
CHAPTER - VI
(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.
2(42) First aid personnel - (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 persons
in charge of a first aid station in any shift should be readily available throughout
the shift.
1. Substituted vide Notification No GSR 1786, dated 30.9.1970
2. Substituted vide Notification No GSR 1886, dated 14.12.1965
43. 1(First-aid) rooms (1) At every mine employing 2(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).
2(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 3(first-aid) room shall have a floor space of not less than 2(10 square
metres) and shall contain at least the equipment specified in the Second
Schedule
1 Substituted for the work ‘ambulance’ vide GSR 239, dated 3.2.65.
2. Substituted for the figures and words “500 or more persons’ by abid .
3. Substituted vide Notification No GSR 31, dated 29.12.1960
4. Substituted vide Notification No GSR 1786, dated 30.9.1970
Provided that wherein conformity with any other law in force, or other wise
an adequately equipped hospital or dispensary belonging to the owner of the
mine or to any Mines Welfare Organisation is provided and maintained at or in
the immediate vicinity of the mine, the Chief Inspector or an Inspector authorised
by him in this behalf may grant exemption from the provision of this sub-rule
subject to such conditions as he may specify in writing.)
(5) Every person who suffers an injury during the course of work shall report for
examination or treatment 1(the first aid room), hospital or dispensary, as the
case may be, before leaving the mine, irrespective of first-aid having been
rendered at or near the place of work.
44 2(First aid stations.-(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 :
(b) In every opencast working, one first-aid station for every 50 persons or part
thereof, employed at any one time; and
i) at the bottom of every shaft where men or material are normally wound,
and at or near every plant;
ii) near the drive end of every haulage;
iii) in or at the entrance to every district or section of the mine:
1. Subsituted for the word “ambulance” vide GSR No. 239, dated 3.2.86
2. Substituted for the figures and words “ 500 or more persons” by ibid.
Provided that nothing in this sub-rule shall be construed to require the
provision of a first-aid station within 300 metres of another first-aid station.
(2) If an official who is required to carry a first-aid outfit under rule 45 receives
information about injury to a work person, he shall himself attend to the injured
person.
(3) It shall be the duty of the person in charge of the nearest first-aid station
provided under rule 44 to render such first-aid to the injured person as may
be necessary.)
th
1. Substituted vide notification No. GSR 1886, dated 14 Dec. 1965.
2. Substituted vide notification No. GSR 1786, dated 30.9.1970.
CHAPTER - VII
Employment of Persons
47. Weekly day of rest - (1) For the purpose of sections 28 and
29, a day of rest for any person shall mean period of rest of at
least 24 consecutive hours.
-------------------
CHAPTER - VIII
53. Register of leave with wages - (1) The owner, agent or manager of every
mine shall maintain in respect of every employee thereof a record of leave
with wages in Form 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 or records of leave
with wages in such manner as he may approve by order in writing.
(2) The register mentioned in sub- rule (1) shall be preserved for a period of two
years after the last entry in them has been made and shall not be destroyed
even after the expiry of that period unless it has been certified by an Inspector
that the leave account therein has been properly transferred to the new
register.
th
1 & 2{(4. Information regarding leave with wages - On or before the 20 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
st
due to each person employed in the calculated upto the 1 January of that year
giving the particulars specified in Form (L)
1(55.
56.
57.
58.}
60 Extra Wages for overtime - 3(1) For the purpose of section 33, overtime
shall be paid at the end of each wage period) 1{…}
CHAPTER - 1X
Welfare Amenities
1{62. Provision of shelters - At every mine where more than 50 persons are
ordinarily employed, there shall be provided adequate and suitable shelters 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.)
1{64. Provision of Canteens - (1) At every mine where in more than 250
persons are ordinarily employed, if the Chief Inspector or an 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.
Provided that the inside walls of the kitchen shall be white washed or
colour-washed once every four months.
(f) be provided with receptacles for garbage and have drains to carry away waste
water.
(2) The canteen or any part thereof shall not be used or allowed to be used for
any other purpose which tends to interfere with the normal or efficient
functioning of the canteen.
(a) sufficient furniture, utensils and other equipment necessary for its efficient
operations :
(b) an adequate supply of cool and wholesome drinking water ;
(c) suitable clean clothes for persons cooking and serving food, drink etc.
67. Cleanliness - (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.
(3) 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).
2{(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.)
69. Canteen Managing Committee - (1) The owner, agent or 2(the 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 .
Substituted vide Notification GSR 1886, dated 14.12.65.
70. Added vide ibid.
71. Substituted for the word “manager” vide Notification GSR 316, dated 14.4.86.
(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 1000 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 (officer-in-charge canteen) shall determine the
procedure for and supervise the elections to the Committee.
(3) The owner, agent or 1(officer-in-charge canteen) shall appoint either himself
or his nominee as ex officio Chairman of the Committee, and the Chairman
shall preside at every meeting of the Committee.
(4) The proceedings of every meeting of the Committee shall be recorded in a
minute book and shall be signed by the Chairman.
70. Prices to be Charged - 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 Managing 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.
2(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
(d) the salaries of supervisory and other staff.)
(e) Substituted for the word “manager” vide Notification No. GSR 316
dated 14.4.1986
(f) Inserted vide Notification No GSR 1886 dt. 14.12.65
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.
72. Welfare Officer - (1) For every mine wherein 500 or more persons are
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 2500 such Welfare Officer shall be assisted by
one suitably qualified additional Welfare Officer for every additional 2000
persons or part thereof employed.
(3) Where by reason of temporary absence, illness or any other similar cause,
the Welfare Officer is unable to perform his duties, the owner, agent or
manager shall authorise in writing person whom he considers competent, to
act in his place :
Provided that no such authority shall have effect for a period in excess of
30 days except with the previous consent of the Chief Inspector.
(5) The post post of Welfare Officer shall be advertised in a Newspaper having a
wide circulation in the State.
73. Duties of Welfare Officer - (1) The duties of Welfare Officer shall be -
(i) to establish contacts and hold consultations with a view 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
productive efficiency as well as melioration in the working conditions, and to
help workers to just and adapt themselves to their working environments ;
(iv) to assist in the formation of Work and Joint Production Committees, Co-
operative Societies and Safety- First and Welfare Committees and to
supervise their work ;
(v) to help the management in regulating the grant of leave with wages and
explain to the workers the provisions relating to leave with wages and other
leave privileges and to guide the workers in the matter of submission of
applications for grant of leave for regulating authorised absence.
(vi) to advise on welfare provisions such as housing facilities, food-stuffs, social
and recreational facilities, sanitation, individual personnel problems and
education of children.
(vii) to supervise welfare activities, statutory or other wise including education
and training of employees;
(viii) to suggest measures which will tend to raise standard of living of workers
and in general promote their being and ;
(ix) to perform any other duty connected with the welfare of the persons
employed in the mine.
(3) Every Welfare Officer shall keep a record of his day to day work and shall at
the end of every year forward to the Chief Inspector through the manager of
the mine, concerned summary of the report of his work during the year.
(2) The conditions of service of Welfare Officer shall be the same as of other
members of the staff of corresponding status in the mine ;
(3) A Welfare Officer shall not be given less than two hundred rupees as his
basic pay per menses.
--------------------
CHAPTER - X
(2) The register, required by sub-section (3) of section 23 of the Act shall
be maintained in Form K)
3{77-A. Identity tokens - (1) (a) The owner, agent or manager of a mine
shall issue free of cost to every person
th
(g) Substituted vide Notification No. GSR 1786, dated 30 Sept. 1970
(h) Substituted vide Notification No. GSR 316, dated 14.4.1986
(i) Substituted vide Notification No. GSR 356, dated 5.6.1980
(2) The token number and other particulars by which the employee may
be identified, together with a passport size photograph, shall be entered
in the register in Form B prescribed under rule 77.)
(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 leaves the mine.
(3) The entries in the registers maintained in Form 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.
(j) 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.
Provided that the Chief Inspector may require the abstracts and the bye
laws tto be posted up in any Indian language understood by a majority of
the persons employed in the mine.
(l) Every notice required to be posted up under these rules shall be in
English, Hindi and either the language understood by a majority of the
persons employed in the mine.
(m) The abstracts, bye-laws and notices required to be posted up by the Act,
regulations and the rules shall be maintained in a clear and legible
condition.
------------------
CHAPTER – XI
Miscellaneous
78. Obsevance of local time –For the purpose of section 4, the local
mean time that shall ordinarily be observed any class or group of mines
situated in any local area, specified in column 1 of the Sixth Schedule
shall be as specified column 2 thereof.
(n) a fee not exceeding rupees sixteen for each clinical examination.
(o) A fee not exceeding rupees sixteen for each X-ray examination.
(2) If, person decides to leave his employment in the mine, he shall be
entitled to compensation as may be admissible under the provisions of the
Workmen’s Compensation deemed to be an injury by accident under that
Act. In case the disease in not covered under Schedule 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 an injury. The lump-sum compensation
payable under this rule shall not be in addition to the compensation
payable under that Act.
__________________________________________________________
1. Inserted vide Notification No. GSR 316 dt. 14.4.1986
Explanation – For the purpose of this rule, “wages” shall have the same meaning
as defined in clause (m) of section (1) of section 2 of the Work men’s
Compensation Act, 1923(8 of 1923).
(3) The provisions of sub-rule (1) and (2) shall not operate to the prejudice
to any right to which a person employed in a mine may be entitled to
under any other law or under the terms of any award, agreement or
contract of service and when such award, agreement or contract of
service provides for more favourable benefits than disability compensation
provided in sub-rule(1) and (2), such person shall be entitled to such
benefit only.)
78. Mode of payment of fees etc – 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 receipt
of the treasury or bank which the fees or other expenses relate.
CHAPTER – XII
79. Rescission and Savings . (1) All rules framed by Sate Governments
under section 30 of Indian Mines Act, 1923 those contained in Chapters
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
th
12 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 Chapters IV and V of the Mysore Gold Mines
Rules, 1953 shall continue to apply to gold mines in the State of Mysore in
addition to those rules.
------------------------
FORM – A
(See Rule 48(1))
Notice of commencement and end of work
Name of Mine……………..
Name of Owner……………
It is hereby notified that persons employed at this mine shall begin and end their
period of work between thee hours set out below.
3 Begin AM
PM
Ends* AM
PM
*Interval for AM
PM
Rest if any PM
4 Begins* AM
Ends* PM
5 System of
Change of
Shifts
6.Date on which this notice was first exhibited
Signature of Manager……………..
Date …………………
(a) The words and letters not required shall be scored out.
FORM – B
(See Rules 48(3), 51, 77 and 77.A(2))
(b) Serial No.
(c) Name and surname of the employee
(d) Father’s or Husband’s name
(e) Age and sex.
(f) No. and dates of the certificate, if any, held under the Mines Vocational
Training Rules,1966
(g) (a) Designation of the employee.
(b) Nature of employment (whether above or below ground and if above ground whether in
opencast working or otherwise.)
© Whether employment is permanent or temporary or casual.
(h) Home Address of the employee, giving Village, Thana, Post office and
District.
(i) Date of commencement of employment
(j) Date of first appointment, with the present owner.
(k) Date of termination or leaving of employment.
(l) In case of an adolescent, reference to certificate of fitness granted under
section 40.
(m) Mark of identification on the body.
(n) Name address, relationship of person to be informed in case of
accident/emergency.
(o) Token number and other particulars by which the employee may be
identified.
(p) Passport size photograph of the person employed.
(q) Signature or Thumb impression of the employee.
(r) Remarks.
Signature of Manager
No.N-11016/13/74-M.1.)
FORM – C
(See Rule 48(3) and 78)
Register of persons employed below ground during the weak
commencing………and ending…….19…..
Name of Mine…….Part or Section of
Mine………
Begins A.M.
-----
P.M.
Name of Owner………..Hours of Shift Ends
A.M.
Sl.N Name Ag Class or Serial Time should be recorded No.of No.of Remar
o. and e kind of No. against each entry days hours ks
sur- & employ from -day- -day- -day- -day- day- worke worke
name Se ment Form day-day d d
of x B
employ Regist
ee er
Weekly Miners
Abstract including
Others
---------- loaders
Total No. of
Initial of Register Keeper Attendances
----------------
Total No of
absentees
1. The word “ Adolescents’ omitted vide Notification No. GSR 316 dated 4.1986
Sl. Name Ag Class or Serial Time should be recorded No.of No.of Remar
No and e& kind of No. against each entry days hours ks
. sur- Sex employm from -day- -day- -day- -day- day- work worke
name ent Form day-day ed d
of B
employ Regist
ee er
In O In Ou I Ou I O
ut t n t n ut
Weekly Miners
Abstract including *
Women Others
---------- loaders
Total No. of
Initial of Register Keeper Attendances
----------------
Total No of
absentees
1. The word “ Adolescents’ omitted vide Notification No. GSR 316 dated
14.1986
FORM – E
(See Rule 48(3) and 78)
Register of persons employed above ground otherwise than in opencast
working during the week
Begins A.M.
-----
P.M.
Ends AM
PM
Name of Owner………..Hours of Shift
Sl.No. Name Class or No. of Days Dates on which weekly days Dates on which No. of Remark
from and kind of of of rest have not been allowed compensatory days of rest compensator s
Form B surname employmen compensator have been allowed y days of rest
Registe of t with set or y rest due in due on 1st
r employe Relay No. the previous December
e calendar year
1st 1st 1st 1st 1st 1st 1st 1st
Jan to April July Oct Jan April July Oct
31st to to to to to to to
March 30th 30th 31st 30th 30th 30th 31st
June Sept Dec Sept June Sept Dec
. . . . .
1 2 3 4 5 6 7 8 9 10 11 12 13 14
FORM – G
(See Rules 53)
Name of Mine………………..
Name of Owner…………….
Sl.No.fro Name Nature of Category of Actual number of days worked during the year
m Form B and employmen employment
Register surname t mention , mention
of whether whether
employe above or monthly
e below grond weekly, daily
or
piecerated.
January February March April May Jun July Augu
e
1 2 3 4 5 6 7 8 9 10 11 12
FORM – H
Name of
Mine…………………………
Name of
Owner………………………
Name of Mine……………………
Name of Owner…………………
Month …………………..
th
*Substituted Vide Notification No. GSR date 30 September 1970
FORM – I (Contd.)
Register of Overtime Wages
FORM – J
Sl.No Date Date of Time of Classification Name Sl.No. Nature of Nature Parts Date
. of acciden acciden of from employmen of of of
entry t t injured Registe t injury body retu
worker r in injured of
Form B inju
pers
to
wor
By By Brief
place of caus descriptio
acciden e n of case
t of
accident
1 2 3 4 5 6 7 8 9 10 11 12 13
Introduction :
ANNUXURE – 1
-----------------
ANNUXRE – II
4.1 Drills
4.2 Coal cutting Machinery
4.3 Coal Loading Machinery
4.4 Haulage Engine
4.5 Winding Engine
4.6Shovels, Draglines, Excavators etc.
4.7Ore handling Plants (including crushing and screening plants)
(1) Pumps
(2) Other (specify)
(b) Explosive
(c) Electricity
FORM – K
Name of Mine……………..
State………….District…………
Owner……………………….
Mineral worked…………(Quarter ending on…)
Sl.No Date Date of Time of Classification Sl.No. Nature of Nature Parts D
. of acciden acciden from employmen of of o
entry t t Registe t injury body r
r in injured o
Form B i
p
t
w
By By Brief Name
place of caus descriptio of
acciden e n of case injure
t of d
accident worker
Introduction :
FORM – L
Signature
Designation: Owner/agent/manager
Mine :
Owner :
Dated ………………………….
*{FORM M}
No………….. Date………………….
Signature of manager
…………………mine
(a) Delete whatever is not applicable
** Necessary only in case of a person already employed in the mine.
*** In respect of the initial medical examination of a person already employed
in a mine and in respect of every periodical medical examination atleast
twenty days prior notice is to be given. In respect of the initial medical
examination of a person seeking employed at a mine the period of notice may
be shorter.
1{FORM – N}
No……… Date………….
Signature of Manager
1(FORM – O)
(See rule 29F (2) and 22L)
Certificate No…………..
(FORM O – Cont.)
Report of the examining authority
(to be filled in for every medical examination whether initial or periodical or re-
examination or after cure/control of disability).
6.Respiratory system.
Chest measurement :
7. Circulatory system:
Blood Pressure
Pulse
8.Abdomen :
Tenderness.
Liver.
Spleen.
Tumour.
7. Nervous system:
History of fits or epilepsy
Paralysis.
Mental helath.
10.Locomotory system
11. Skin.
12. Hyrocele.
13. Hernia.
14. Any other abnormality
15. Unine :
Reaction.
Albumin.
Sugar.
8. Skiagram of chest.
9. Any other test considered necessary by the examining authority.
10. Any opinion of specialist considered necessary.
1(FORM – P)
(l) The person should be in good mental and bodily health and free from any
physical defect likely to interfere with his efficient employment in a mine.
(m) Skeletal nervous system : The limbs should be well formed and
developed, and the function of all the limbs should be within normal limits.
Any deformity should be recorded. There should be no deformity or
paralysis which may interfere with his efficient employments in a mine.
(n) Skin :- There should be no evidence of extensive and chornic skin
disease or ulceration. In case of infective type of skin disease, the
candidate could be made fit after he has undergone a treatment. All
occupational skin diseases should be noted.
(o) Eye vision should be not less than the following standard:
7. (a) Respiratory system should be sound and free from any chronic
bronchial or laryngeal disease. This however alone should not be reason
to make unfit.
(c) An-X ray examination should be made and free from evidences of active
pulmonary tuberculosis he may be permitted to work if his sputum is negative
on repeated examination and on production of a certificate that he is taking
treatment from a qualified medical practitioner/Hospital.
7. In case the candidate has hernia he may be declared fit after he has been
successfully operated for the same.
8. Hydrocele if present should not be large enough to impede the normal
activities off the candidate. In such cases he may be declared fit after being
successfully operated.
9. The medical examination should include examination of urine and of other
system for evidence of disease. Mere presence of albumen and sugar in the
urine without any gross organic disease producing signs and symptoms
should not be considered as a disability.
1(FORM – P-I)
1. The person should be in good mental and bodily health and free from any
physical defect likely to interfere with his efficient employment in a mine. Due
allowance in the standard should be made for the age of a candidate.
2. Locomotor system – The limbs should be well formed and developed and the
function of all the limbs should be within normal limits. Any deformity should be
recorded. There should be no deformity or paralysis which may interfere with his
efficient employment in a mine. Any deformity noted should be recorded.
----------------------------------------------------------------------------------------------------------
For workers employed on For workers employed
Surface and in opencast below ground
Workings
------------------------------------------------------------------------------------------------------------
© A person having only one eye which functions normally should not be
employed belowground. For employment on surface the vision of such a person
in the other eye should be 6/12 with or without glasses. A person will be
considered uniocular when there is physical loss of one eye or when there in
functional loss of vision of one eye.
(a) Colour blindness will be tested only in special cases where the job requires
good colour discrimination. Only low grade colour perceptions will be tested
with Edridge Green’s lantern.
(b) There should not be squint where binocular vision is essential.
(c) There should not be any organic disease of the eye which is likely to affect
the distant vision within a period of five years.
7. (a) Respiratory system should be sound and free from any chronic laryngeal
bronchial pulmonary disease. Tuberculosis of lungs if not active should not be a
disqualification.
(b) An X-ray examination should be made and there should not be any evidence
of active pulmonary disease.
9. In case the candidate has hernia, he may be declared fit after he has been
successfully operated for the same.
10. Hydrocele if present should not be large enough to impede the normal
activities of the person. If it is large enough he may be declared fit after being
successfully operated.
11. The nervous system should be sound. Persons with history of epilepsy or any
other type of organic or historical fits should not be declared fit for employment
in a mine.
13. Skiagram of the chest should also he obtained. If it is necessary the medical
officer may direct the candidate to obtain the result of special tests or/and the
opinion of a specialist from recognised institution/hospital.
--------------
1(FORM – Q)
No……….. Date………………..
MEMORANDUM
Signature of manager
……………………mine.
1(FORM – R)
Medical Board
No………….. Date……………19
MEMORANDUM
He/She* is hereby again notified that he/she* should present himself/herself* for
a medical re-examination by the Appellate Medical Board at ……..(give exact
description of place) on ………….(give date) at …………(give time).
Shri/Shrimati*…..may note that if he/she* fails to submit himself/herself* for the
medical re-examination aforesaid, he/she* shall not be retained in employment in
the mine.
Signature of Manager
……………….. mine.
1(FORM – S)
(Specify in details)
We consider that –
1. He/She* is medically fit for any employment in mine.
(Specify in details)
3. He/She is suffering from…..and should get this disability/cured/controlled* and
should be again examined within a period of ……………months. He will appear
for re-examination within a period of…………months. He will appear for re-
examination with the result of test of………* and opinion of ………specialist
from…………He may be permitted/not permitted* to carry on his duties during
this period.
Signature of members of
Appellate Medical Board
1…………………(Convenor)
2………….. 3……………
5. Ears :
6. Respiratory system :
Chest mesurement
(w) after full inspiration …….cms (ii) after full expiration……
7. Circulatory system :
(FORM – T)
1. Name of mines………………
2. Postal address of Mines……………
3. Date of opening ………………..
4. Date of closing (if closed)………….
5. Situation of Mine (District/State)…………..
6. Name of Owner………..Postal address of owner…………
7. Number of persons required to be medically examined……….
(x) Number of persons medically examined……………
(y) Number of persons declared medically unfit…………
(z) Categorisation of the persons declared unfit………….
Name of Mine………Owner…………Manager……………..Place/installation
inspected…………………..
Inspected by ………………on ……………Accompanied by………………
------------------------------------------------------------------------------------------------------------
Observations Remedial Action taken Date on Remarks
Measures for remedial which action if any
Suggested measures taken
------------------------------------------------------------------------------------------------------------
Signature of Workmen’s Signature of Manager
Inspector with date
Date……..Designation
SECOND SCHEDULE
(a) A stretcher and a table of convenient height (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 a tincture of iodine (2per cent alcoholic solution) or other
antiseptic solution ;
(g) Blankets and hot-water bottles;
(h) Sets of splints 1.40 metre, 0.90 metre and 0.3 metre with necessary
triangular bandages for applying them;
(i) A supply of drinking water and a drinking vessel ;
(j) A tourniquet, scissors and safety pins.
(k) A pair of artery forceps,
(l) One eyebath
(m) Two clinical thermometers;
(n) One record syringe (5c.c)
(o) One adequate supply of anti-tetanus serum and morphine ampules;
(p) First-aid boxes or cupboards not less than one for every 150 persons
employed in the mine marked with requisites specified in the Third
Schedule ; and
(q) Stove or other apparatus for boiling water.
THIRD SCHEDULE
Note – Each first-aid box or cupboard shall be distinctly marked with the sign
of Ref Cross and with the words “FIRST AID, and nothing except appliances
or requisites for first aid shall be kept in it.
--------------------------
FOURT SCHEDULE
(See rule 50)
--------------------------------
FIFTH SCHEDULE
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
Regulation, 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 ay material plan, section register or other record)
concerning the mine (Section 7.)
3. Every owner, agent and manager of a mine shall afford every Inspector and
every person authorised under section 8 all reasonable facilities for making an
entry, inspection, survey, measurement, examination or enquiry under this
Act.(Section 9)
Management of mines
4. Every mine shall be under the control, management supervision and direction
of one manager having the prescribed qualifications (Section 17).
5. The owner, agent and manager of every mine shall be responsible 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 any
order made there under (Section 18).
(For any contravention of the provisions of this Act and of or off the Regulations,
Rules, Bye-laws or orders made there under, the person who contravenes, the
concerned supervisor the owner, the agent and the manager of the mines and in
matters of canteen, crèche or pithead bath, the person appointed, if any under
sub-section(2) of section 18 shall be deemed to be guilty).
1. Substituted for the heading “Accidents” vide Notification No. GSR 316, dated
14.4.1986
2. Inserted vide Notification No GSR 316, dated 14.4.1986
9. No person shall work in a mine on more than six days in any one week
(Section 28.)
7. If any person works, as provided under this Act, on any day of rest fixed for
him, he should be given a compensatory day of rest within that of the following
two months. (Section 29.)
8. No adult shall work above ground in a mine for more than forty eight hours in
any week or normally for more than nine hours in any day and he shall have
at least half an hours rest after working ffor not more than five hours. The
spread over of the period of work including rest interval shall not normally be
more than 12 hours. Consecutive shifts for the same type of workers
employed aboveground shall not overlap.
9. No adult shall work below ground in a mine for more than forty eight hours in
any week normally or for more than eight hours in any day (Section 31)
10. Where in a mine a person works aboveground for more than nine hours or
works below ground for more than eight hours on any day, or works for more
than forty eight hours in any week, whether above ground or below ground, he
shall get for such overtime work, wages at the rate of twice his ordinary rate of
wages.
(“Ordinary rate of wages’ means the basic wages plus any dearness
allowance, underground allowance, incentive bonus (but not ordinary bonus),
compensation in cash against free supply of food grains and edible oils (but
not against free housing, free supply of coal, kerosene oil, tools and uniforms
medical and educational facilities, sickness allowance) and in case of a
person paid on piece-rate basis, the average of his full time earnings
(exclusive of any overtime) during the preceding week.”)
11. No person shall be allowed to work in a mine who has already been working
in any other mine within the preceding 12 hours. (Section 34).
12. Except as may be permitted under clause (a) and (3) of section 39, no
person employed in a mine shall be required or allowed to work for more than
ten hours in any day inclusive of overtime. (Section 35).
13. The manager of very mine shall post outside the office a notice of working
hours, and no person shall be allowed to work otherwise than in accordance
with the notice (Section 36).
14. The provisions regarding weekly day of rest, hours of work above and
belowground and of section 36 shall not apply to supervising staff (Section
37).
15. In case of an emergency, the manager may permit in accordance with the
rules made under section 39, persons to be employed in contravention of the
provisions regarding hours of work (Section 38).
Employment of adolescents
(“19 A person below 18 years of age shall not work in any part of a mine unless
he is an apprentice or a trainee in which case he may be below 18 years nut not
below 16 years of age (Section 40).
21. 1( * * *)
22. 1( * * *)
22. 1 ( * * *)
24. (1) No women shall be employed in any part of a mine which is belowground.
(2) No women shall be employed in any mine above ground except between
the hours of 6 AM and 7 P.M.
Registration of workers
26(1) For every mine there shall be kept a register of employees showing in
respect of each person, his or her name with the name of his fater or of her
husband as the case may be, age, sex, nature of employment date of
commencement of employment, 2( * * *). The entries in the register shall be
authenticated by the signature or thumb impression of the person concerned.
(2) There shall also be kept separate attendance registers for employees
working -
Showing in respect of each person the name, class or kind of his employment
and the ours of shift and the shift to which he belongs. The register of persons
employed below ground shall show at any moment the name of every person
who is then present below ground in the mine.
(3) No unauthorised person shall enter any opencast working or any working
below ground. (Section 48.)
Leave with wages
27.(1) Every person employed in a mine who has completed a calendar year’s
service therein shall be allowed, during the subsequent calendar year, leave
with wages calculated –
(a) in the case of a person employed below ground, at rate of one dya for
every (fifteen days) of work performed by him; and
(b) in any other case, at the rate of one day for every twenty days of work
performed by him.
(a) in the case of a person employed below ground in a mine, if he has during
the calendar year put in not less than one hundred and ninety attendances
at the mine; and
(b) in case of any other person, it he has during the calendar year put in not
less than two hundred and forty attendances at the mine.
(3) A person whose service commences otherwise than on the first dya of
January shall eb entitled to eave with wages in the subsequent calendar year
at the rates specified in clause (1), if -
(a) in the case of a person employed below ground in a mine, he has put in
attendances for not less than one-half of the total number of days during
the remainder of thee calendar year; and
(b) in any other case, he has put in attendances for not less than two thirds of
the total number of days during the remainder of the calendar year.
(4) Any leave not taken by a person to which he is entitled in any one calendar
year under sub-clause (1) or sub-clause (3) shall be added to the leave to be
allowed to him under sub clause(1) during the succeeding calendar year:
Provided that the total number of days of leave which may be accumulated by
any such person shall not at any one time exceed thirty days in all ;
Provided further that any such person who has applied for leave with wages
byt has not been given such leave in accordance with sub-clause(6), shall be
entitled to carry forward the unveiled leave without any limit.
(5) Any such person may apply in writing to the manager of the mine not les
than fifteen days before the day on which he wishes his leave to begin, for all
leave or any portion thereof then allowable to him under sub-clause(1)
Provided that the number of times in which leave may be taken during any
one calendar year shall not exceed three.
(6) An application for such leave made in accordance with sub-clause(5) shall
not be refused unless the authority empowered to grant the leave is of opinion
that owing to the exigencies of the situation the leave should be refused.
(7) If a person employed in a mine wants to avail himself of the leave with
wages due to him to cover a period of illness. He shall be granted such leave
even if the application is not made within the time specified in sub-clause(5).
(9) The unavailed leave of a person employed in a mine shall not be taken into
consideration in computing the period of any notice required to be given
before the termination of his employment.
2. Substituted for the brackets, words and figures (1) and (3) vide ibid.
28. 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 during the month immediately
preceding his leave, exclusive of overtime wages and bonus, but inclusive of
any dearness allowance and compensation in cash including such
compensation, if any, accruing through the free issue of food grains, and other
articles as persons employed in the mine may, for thee time being be entitled
to. If figures for his average earnings are not available, the average shall be
computed on the basis of the daily average of the total full time earnings of all
persons similarly employed for that month. (Section 53).
29. Any person who has been allowed leave for not less than four days shall
be paid wages due for the period of leave allowed before his leave beings.
(Section 54).
Penalties
30, Any person obstructing an Inspector in the execution of his duties may be
punished with imprisonment up to three months or fine up to Rs. 500 or both
(Section 63.)
30. Whoever makes, give or delivers any plan return, notice record or report
containing a statement, entry or detail which is not to the best of his
knowledge or belief true may be punished with imprisonment up to three
months or a fine up to Rs.1,000 or both (Section 64).
31. Whoever knowingly uses for himself a certificate of fitness granted (under
section 43) to some other person or allows a certificate of fitness granted to
him to be used by any other person, may be punished with imprisonment up to
one month or a fine up to Rs. 200 or both (Section 65).
1. Substituted for the words and figures “ under section 40” vide Notification No.
GSR 316 date 14.4.86
35. Whoever fails to give notice of any accidental occurrence or to post a copy of
the notice on a special notice board, may be punished with imprisonment up to
three months or a fine up to Rs. 500 or both (Section 70).
36. No person shall interfere with, misuse or wilful neglect to make use of any
appliance provided for the purpose of health, safety of welfare of the workers or
wilfully do any thing likely to endanger himself or others. (Section 2)
37. Whoever contravenes any order issued under sub-section (IA), or sub-
section (2) or sub-section (3) of section 22 (“or under sub-section (2) of
section 22A”) shall be punished with imprisonment up to two years and fine up
to Rs. 5,000 (Section 72B).
38. Whoever contravenes any provision of the Act or of any regulation rule or
bye-law or of any order made thereunder (other than an order made under
sub-section (IA) or sub-section (2) or sub-section (3) of section 22 (“or under
sub-section (2) of section 22A”) shall be punishable.
(a) If such contravention results in loss of life, with imprisonment which may
extent to two years, or with fine which may extend to Rs. 5,000 or with
both or
41. If any person who has been convicted for any offence other than an
offence mentioned in clause 38 or 39 is again convicted for the same offence
within two years of the previous conviction, he shall be punished, for each
subsequent conviction, with double the punishment to which he would have
been liable for the first contravention of such provisions. (Section 74.)
41. 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 appliance to be supplied under the Act. (Section 85 C)
SIXTH SCHEDULE
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Qn. What are the Salient features of the Mines (Amendment) Rules, 1986 ?
Ans : The Salient features of the Mines (Amendment) Rules, 1986 are –
Chapter – I
The following clause has been inserted ----(i) “Officer in charge” means a person
(other than the manager) whom the owner or agent may appoint for securing
compliance with the provisions in respect of canteens.
Chapter – II
(i) For the heading “Mining Board” the heading committee” has been substituted
(ii) Rule 4 has been substituted by the following rule ;-
Chapter -IV
Chapter –IV B
(i) For every mine wherein 500 or more persons are ordinarily employed, is
required to designate three suitably qualified mine employees, one each for
mining operations, mechanical and electrical installations to inspect the mine on
behalf of the mine workers. Where 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. A workmen’s inspector may ordinarily hold office for 3 years and is
eligible for one re-nomination.
(iii) The workmen’s Inspector shall perform these duties for two days in every
week. On remaining days off the week, he shall perform his normal duties.
(1) The workmen’s inspector shall record a full report of the observations
made during his inspections in a bound paged register kept for the
purpose and the management is required to enter therein the remedial
measures taken within a period of 15 days from the date of entry in the
register,
(e) For every mine wherein more than 100 persons are ordinarily
employed, a safety committee is required to be constituted.
Chapter – VII
Chapter - X
Chapter – Xi
A new rule 82A (Disability and compensation of occupational diseases) has been
inserted. The disability allowance shall be at the rate fifty percent of the monthly
wages and lump sum compensation as admissible under the workmen’s
compensation Act.
This has been modified to suit the amended Mines Act, 1983.
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