MINES ACT, 1923 (IV of 1923)

Transcription

1 MINES ACT, 1923 (IV of 1923) CONTENTS CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. [Repealed] 3. Definitions CHAPTER II INSPECTORS 4. Chief Inspector and Inspectors 5. Functions of Inspectors 6. Powers of Inspectors of Mines 7. Powers to special officer to enter, measure, etc. 8. Facilities to be afforded to Inspectors 9. Secrecy of information obtained 9-A. Secrecy of source of complaint CHAPTER III MINING BOARDS, AND COMMITTEES 10. Mining Boards 11. Committees 12. Powers of Mining Boards 13. Recovery of expenses CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 14. Notice to be given before commencement of mining operations 15. Managers 16. Duties and responsibilities of owners, agents and managers CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY 17. Conservancy 17-A. Canteens 17-B. Shelters 18. Medical Appliances 18-A. First-aid rooms 19. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous 20. Notice to be given of accidents 20-A. Notice of occupational diseases 21. Power of Government to appoint court of inquiry in cases of accidents 22. Publication of reports CHAPTER VI HOURS AND LIMITATION OF EMPLOYMENT 22-A. Weekly day of rest 22-B. Hours of work above ground 22-C. Hours of work below ground 22-D. Special Provision for night relays 23. Prohibition of employment of certain persons 23-A. [Repealed] 23-B. Notices regarding hours of work 23-C. Employment of women 24. Supervising staff 25. Exemption from provisions regarding employment 25-A. Extra wages for overtime 26. Children 26-A. Young persons not to be employed without certificates of fitness 26-B. ***** 27. Disputes as to age 28. Register of employees CHAPTER VI-A LEAVE AND HOLIDAYS WITH WAGES

2 28-A. Application of the Chapter 28-B. Annual leave with wages 28-C. Festival holidays 28-D. Causal leave and sick leave 28-E. Wages during leave or holiday periods 28-F. Payment in advance in certain cases 28-G. Power of Inspector to act for workers CHAPTER VII REGULATIONS, RULES AND BYE-LAWS 29. Power of [appropriate Government] to make regulations 30. Power of [appropriate Government] to make rules 30-A. Power of [appropriate Government] to require rescue stations to be established 31. Prior publication of regulations and rules 31-A. Power to make regulations without previous publication 32. Bye-laws 33. Posting up of extracts from Act, regulations, etc CHAPTER VIII PENALTIES AND PROCEDURE 34. Obstruction 35. Falsification of records, etc 36. Omission to furnish plans, etc 37. Contravention of provisions regarding employment of labour 38. Notice of accidents 39. Disobedience of orders 40. Contravention of law with dangerous results 40-A. Special provision regarding fine 41. Prosecution of owner, agent or manager 42. Limitation of prosecution 43. Cognizance of Offences 44. Reference to Mining Board or Committee in lieu of prosecution in certain cases CHAPTER IX MISCELLANEOUS 45. Decision of question whether a mine is under this Act 46. Power to exempt from operation of Act 47. Power to alter or rescind orders 48. Application of Act to [Government] mines 49. Saving 50. [Repealed] THE SCHEDULE 1. The Schedule Enactments Repealed. [Repealed]

3 TEXT MINES ACT, (IV of 1923) An Act [23 rd February, 1923] to amend and consolidate the law relating to the regulation and inspections of mines Whereas it is expedient to amend and consolidate the law relating to the regulation and inspection of mines; it is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the 2 [ * * * ] Mines Act, [(2) It extends to the whole of Pakistan.] 4 (3) It shall come into force on the first day of July, [Saving the regulation 12 of 1887], Omitted by para, 3 and Schedule I of the Government of India (Adaptation of Indian Laws) Order, Definitions. In this Act, unless there is anything repugnant in the subject or context, agent,.when used in relation to a mine, means any person appointed or acting as the representative of the owner in respect of the management of the mine or of any part thereof, and as such superior to a Manager under this Act; 5 (aa) appropriate Government means, in relation to mines of 6 [nuclear substances, mineral oil, natural gas and liquids and substances declared by Federal Law to be dangerously inflammable, oilfields and gasfields] the 7 [Federal Government] and, in relation to other mines, the Provincial Government;] Chief Inspector means the Chief Inspector of Mines appointed under this Act; 8 [(c) child means a person who has not completed his fifteenth year;] 9 [(cc) day means a period of twenty-four hours beginning at midnight;] 10 [ * * * * * * ] (d) (e) (f) a person is said to be employed in a mine who works under appointment by or with the knowledge of the manager, whether for wages or not, in any mining operation, or in cleaning or oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or connected with, mining operations; 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 he is empowered by this Act to exercise or perform; 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 works, machinery tramways and sidings, whether above or below ground, in or adjacent to or belonging to a mine: 1 For Statement of Objects and Reasons, see Gazette of India, 1922 Pt. V, P. 327; and for Report of Joint Committee, see ibid., 1923, Pt. V, P The world Indian omitted by G.G.O. 4 of 1949, Schedule. 3 Subs, for the original sub. Section by Ord. 21 of Act applied to -- (i) Baluchistan States Union vide G.G.O. 1953, (ii) Khairpur States vide G.G.O. 24 of 1953 and (iii) Bahawlpur State vide G.G.O. 21 of The Mines Act, 1923, shall apply to the Federally Administered Tribal Areas, with immediate effect vide Noti. SRO. 220(1)/2000 dt Gaz. of Pak., Extr, Pt., II, April 28, Cl. (aa) substituted by Presidents Order 1 of 1964, s. 2 and Sch. 6 Subs. for nuclear substance, oilfields and gasfields by P. O. 4 of 1975, dt. July 28, 1975, s. 2(1) & Sch., Gaz. Of Pak. Extr. Pt. I, Aug. 1, 1975, p Subs. for Central Government, ibid, s. 2(3) 8 Subs. by Indian Mines (Amendment) Act, 1935 (5 to 1935), s. 2, for the original clause. 9 This clause was inserted, ibid. 10 Clause (ccc) omitted by schedule to G. G. O. 4 of 1949.

4 Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke making or the dressing of mineral: (g) (h) (i) (j) owner when used in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine or is merely the proprietor of the mine subject to any lease, grantor license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor for the working of a mine or any like part thereof, shall be subject to this Act in manner as if he were an owner, but not so as to exempt the owner from any liability; prescribed means prescribed by regulations, rules or bye-laws; qualified medical practitioner means any person registered 11 [* * * * * *].under any Act of 12 [the 13 [Federal] Legislature or any Provincial Legislature] providing for the maintenance of a register of medical practitioners, and includes, in any area where no such last-mentioned Act is in force, any person declared by the 14 [appropriate Government] by notification in the 15 [Official Gazette] to be a qualified medical practitioner for the purposes of this Act; regulations, rules and bye-laws means respectively regulations, rules and byelaws under this Act; 16 (jj) where work of the same kind is carried out by two or more sets of workers working during different periods of the day each of such sets is called a relay 17 [and the period for which it works is called a shift ;] (k) (I) serious bodily injury means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to any 18 [part of the body], or permanent loss of or injury to the sight or hearing, or the fracture of any [part of the body] or the enforced absence of the injured person from work for a period exceeding twenty days; and week means the period between midnight on the Saturday night and midnight on the succeeding Saturday night. CHAPTER II INSPECTORS 4. Chief Inspector and Inspectors. (1) The 19 [appropriate Government] may, by notification in the 20 [official Gazette] appoint a duly qualified person to be Chief Inspector of the Mines for the whole of 21 [Pakistan] 22 [or for the Province as the case may be] and duly qualified persons to be Inspectors of Mines subordinate to the Chief Inspector. (2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office who is or becomes directly or indirectly interested in any mine or mining rights in 23 [Pakistan]. (3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the 24 [appropriate Government]: Provided that nothing in this section shall be deemed to empower a District Magistrate to exercise any of the powers conferred by section 19 or section 33. (4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860). 11 Words omitted by Ord. XXVII of 1981, s. 3 & Second Sch. 12 Subs. by Sch. to G.G.O. 4 of 1949, for any Legislature in British India. 13 Subs. for Central by P.O. 4 of 1975, Art. 2(1). 14 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 15 Subs. for the words Local Official Gazette, ibid. 16 The clause was inserted by the Indian Mines (Amendment) Act, 1953 (5 of 1935). 17 Words added by Act XLV of s Subs. for limb. ibid, s Subs. for the words Central Government by P.O. 1 of 1964, s. 2 & Sch. 20 Subs. for the words Gazette of India by the A.O Subs. for the original by Ord. XXI of Added by President s Order 1 of 1964, s. 2 & Sch. 23 Subs. for the original by Ord. XXI of Subs. for the words Central Government by P.O. 1 of 1964, s. 2 & Sch.

5 5. Functions of Inspectors. (1) The Chief Inspector may, by order in writing prohibit or restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any power conferred on Inspectors by this Act, and shall, subject as aforesaid, declare the local area of areas within which, or the group of class or mines with respect to which, Inspectors shall exercise their respective powers. (2) The Inspector shall give information to owners, agents and managers of mines situated within the local area of areas or belonging to the group or class of mines, in respect of which he exercises powers under sub-section (1) as to all regulations and rules which concern them respectively and as to the places where copies of such regulations and rules may be obtained. 6. Powers of Inspectors of Mines. The Chief Inspector and any Inspector may-- (c) make such examination and inquiry as he thinks fit in order to ascertain whether the provision of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine; with such assistant (if any) as he thinks fit, enter, inspect and examine any mine or any part thereof 25 [ * * * * ] examine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine and all matters and things connected with or relating to the safety, 26 [health and welfare] of the persons employed in the mine; 27 (d) take, whether on the precincts of the mine or elsewhere, statement of any person which he may consider necessary for carrying out the purposes of this Act; (e) (f) Provided that no one shall be required under this section to answer or give any evidence tending to criminate himself; require the production of any books, registers or other documents, the keeping of which is prescribed, in order to see that they are in conformity with the provisions of this Act and rules and regulations framed thereunder and take into his custody or make copies of, or extracts from, any such book, register or other document; after informing the manager of a mine or his representative, take or remove, for the purpose of analysis, samples of materials and substances used or handled in the mine. 7. Powers to special officer to enter, measure, etc. Any person in the service of the 28 [State] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, levelling or measuring in any mine, after giving not less than 3 days notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the mine; 29 [Provided that no such notice need be given if, for reasons to be recorded, the Chief Inspector or Inspector is of opinion that there is an emergency.] 8. Facilities to be afforded to Inspectors. Every owner, agent and manager of mine shall afford the Chief Inspector and every Inspector and every person authorised under section 7 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act. 9. Secrecy of information obtained. (1) All copies of, and extracts from, registers or other records appertaining any mine, and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of inspection of any mine under this Act or acquired by any person authorised under section 7 in the exercise of his duties thereunder shall be regarded as confidential, 30 [and shall not be disclosed to any person other than Magistrate 31 [or a Commissioner for Workmen s Compensation appointed under the Workmen s Compensation Act, 1923 (8 of 1923).] or an official superior or the owner, agent or manager of the mine concerned, unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the safety of any persons]. 25 Words omitted by Act XLV of 1973, s Words added, ibid, s Clause (d), (e) and (f) added, ibid. 28 Subs. for the words Crown by Presidents Order 1 of 1961, s. 2 & Sch. 29 Proviso added by Act XLV of 1973, s Added by the Indian Mines (Amendment) Act, 1937 (29 of 1937), s Words added, by Act XLV of 1973, s. 5.

6 (2) If the chief Inspector, or an Inspector, or any other persons referred to in subsection (1) discloses 32 [contrary to the provisions of sub-section (1),] any such information as aforesaid without the consent of 33 [the 34 [appropriate Government]], he shall be guilty of a breach of official trust, and shall be punishable 35 [with imprisonment for a term which may extend to one year or with fine or with both] (3) No court shall proceed to the trial of any offence under this section 36 [except with the previous sanction of the Central Government]. 37 [9-A.Secrecy of source of complaint. The Chief inspector or inspector shall treat as absolutely confidential the source of any complaint bringing to his notice a defect or breach or any provision of this Act or any rules or regulations made thereunder and shall not give any intimation to the owner of the mine or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.] CHAPTER III MINING BOARDS, AND COMMITTEE 10. Mining Board. (1) The 38 [appropriate Government] may constitute 39 [for any part] of 40 [Pakistan] 41 [or as the case may be, of the Province] or for any group or class of mines 42 [ * * * ], a Mining Board consisting of-- a person in the service of the 43 [state], not being a Chief Inspector or an Inspector, nominated by the 44 [appropriate Government] to act as Chairman; The Chief Inspector or an Inspector; 45 (c) a person, not being the Chief Inspector or Inspector, nominated by the 46 [appropriate (d) Government;] two persons nominated by owners of mines or their representatives in such manner as may be prescribed; 47 (e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions: (i) (ii) (iii) if there are one or more registered trade unions having in the aggregate as members not less than one quarter of the miners, the said person shall be nominated by such trade union or trade unions in such manner as may be prescribed; if sub-clause (i) is not applicable and there are one or more registered trade unions having in the aggregate as members not less then 1000 miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the 48 [appropriate Government]; if neither sub-clause (i) nor sub-clause (ii) is applicable, that said persons shall be nominated by the 49 [appropriate Government] 50. Explanation.-- In this clause miner means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted. 32 Subs. for the words to any one other than a Magistrate or an offices to whom he is subordinate by the Indian Mines (Amendment) Act, 1937 (29 of 1937), s Subs. for the words the Governor General in council on the Local Government by the A. O., Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 35 Subs. for the words in the matter provided by section 4 of the Indian Official Secrets Act 1889 by s. 2 and Sch. 1 of the Repealing and Amending Act,1925 (37 of 1925). 36 Subs. by Act. 29 of 1937, s. 3 for the original words as amended by the A.O., Sec. 9-A added, by Ord. 7 of 1973, s Subs. by P.O. 1 of 1964, for the words Central Government. 39 Subs. for the words, for the province or for any part of the province by the A.O Subs. by Ord. XXI of Added by President s Order 1 of 1964, Sec. 2 and Sch. 42 The words in the province were repealed by A.O Subs. for Crown by President Order 1 of 1961, s. 2 & Sch Subs. by P.O. 1 of 1964, for the words Central Government. 45 Subs. for the original Clause by the Indian Mines (Amendment) Act 1935 (5 of 1935), s Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 47 Added, ibid. 48 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 49 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 50 Punjab Government, constituted a Mining Board for all Clauses of mines in Punjab (other than Nuclear Substances, Oilfields and Gasfields) in supersession of all previous Notifications. Lab dt. Feb. 4, 1979, Pb. Gaz. Extra. March 17, 1979, p. 431.

7 (2) The Chairman shall appoint a person to act as secretary to the Board. (3) The 51 [appropriate Government] may give directions as to the payment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member. 11. Committees. (1) Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of-- -- (c) a chairman nominated by the 52 [appropriate Government] or by such officer or authority as the 53 [appropriate Government] may authorise in this behalf; a person nominated by the chairman and qualified by experience to dispose of the question referred to the Committee; and two persons of whom one shall be nominated by the owner, agent or manager of the mine concerned and the other shall be nominated by the 54 [appropriate Government] to represent the interests of the persons employed in the mine. (2) No Inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a Committee appointed under this section. (3) Where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub-section (1), the Committee may, notwithstanding such failure, proceed to inquire into and dispose of the matter referred to it. (4) The Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the mine, and shall report its decision to the 55 [appropriate Government.] (5) On receiving such report the 56 [appropriate Government] shall pass orders in conformity therewith unless the chief Inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the Committee, in which case the 57 [appropriate Government] may proceed to review such decision and to pass such order in the manner as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or the manager of the mine. (6) The 58 [appropriate Government] may give directions as to the remuneration, if any, to be paid to the members of the Committee or any of them, and as to the payment of expenses of the inquiry including such remuneration. 12. Powers of Mining Board. (1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it. (2) Every Mining Board constituted, under section 10 and every Committee appointed under section 11 shall have the powers of the civil court under the Code of Civil Procedure, 1908 (5 to 1908) for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so with the meaning of section 176 of the Pakistan Penal Code (XLV of 1960). 13. Recovery of expenses. The 59 [appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a Magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the Magistrate s jurisdiction belonging to such 60 [owner or agent]. 51 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 52 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 53 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 54 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 55 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 56 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 57 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 58 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 59 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 60 Subs. for the words owner, agent or manager by s. 2 & Sch. 1 of the repealing and amending act 1925 (37 of 1925).

8 CHAPTER IV Mining Operation and Management of Mines Notice before commencement of mining operations. (1) The owner, agent or manager of a mine shall, in the case of an existing mine within one month from the 62 commencement of the Mines (Amendment) Ordinance, 1973 or in the case of proposed mining operations, not less than fifteen days before to commencement of such operations, give to the Chief Inspector and the District Magistrate of the district in which the mine is situated or the operations will commence notice in writing in such form and containing such particulars as may be prescribed. (2) If the proposed operations in respect of which notice is given under sub-section (I) are not commenced within sixty days from the date on, which the notice was given, the said notice shall be deemed to have expired and no operations shall commence except after a notice has been given in accordance with that sub-section. 15. Managers. (1) Save as may be otherwise prescribed, every mine shall be under one manager who shall have the prescribed qualifications and shall be responsible for the control, management and direction of the mine, and the owner and agent of every mine shall appoint himself or some other person, having such qualifications, to be such manager. (2) If any mine is worked without there being a manager for the mine as required by sub section (1), the owner and agent shall each be deemed to have contravened the provisions of this section. 16. Duties and responsibilities of owners, agents and managers. (1) The owner, agent and manager of every mine shall be responsible that all operations carried on in connection therewith are conducted in accordance with the provision of this Act and of the regulations, rules and bye-laws and of any orders made thereunder. (2) In the event of any contravention of any such provisions by any person whomsoever, the owner, agent and manager of the mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing those provisions to prevent such contravention; Provided that the owner or agent shall not be so deemed if he proves-- (c) that he was not in the habit of taking and did not in respect of the matter in question take any part in the management of the mine; and that he had made all the financial and other provisions necessary to enable the manager to carry out his duties; and that the offence was committed without his knowledge, consent or connivance. (3) Save as hereinbefore provided, it shall not be a defence in any proceeding brought against an owner or agent of a mine under this section that a manager of the mine has been appointed in accordance with the provisions of this Act. CHAPTER V PROVISIONS TO THE HEALTH AND SAFETY 17. Conservancy. There shall be provided and maintained for every mine latrine and urinal accommodation of such kind on such scale, and such supply of water fit for drinking, as may be prescribed. 17-A. 63 Canteens. At every mine wherein more than one hundred persons are ordinarily employed, a canteen of such standard as may be prescribed shall be provided for the use of persons employed therein. 17-B. Shelters. There shall be provided and maintained for use of persons working above ground in a mine, during intervals of rest, shelters of such standard and on such scale as may be prescribed. 18. Medical Appliances. At every mine 64 [ * * * * ] such supply of ambulances or stretchers and of splint, bandages and other medical requirements as may be prescribed, shall be kept ready at hand in a convenient place and in good and serviceable order. 61 Sec. 14 Subs. for the original by Act XLV of s Commencement date of Mines (Amendment) Ordinance, 1973 is 8 th April, Section 17-A and 17-B added by Act XLV of 1973, s Words omitted, ibid, s. 9.

9 65 18-A. First-aid rooms. At every mine in respect of which the appropriate Government may, by notification in the official gazette, declare this section to apply, there shall be provided first-aid rooms of such size, with such equipment and in charge of such medical and nursing staff as may be prescribed. 19. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of person is dangerous. (1) If, in any respect when is not provided against by any express provision of this Act or of the regulations, rules or bye-laws or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part thereof or any matter, thing or practice in or connected with the mine, or with the control, management or direction thereof, is dangerous to human life, 66 [health] or safety, or defective so to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in which he considers in mine, or part thereof, or the matter, thing or practice, to be dangerous or detective and require the same to be remedied within such time as he may specify in the notice. 67 (1-A) Without prejudice to the generality of the provisions contained in sub-section (1), the Chief Inspector or inspector may, in any area to which the 68 [appropriate Government] may by notification in the 69 [official Gazette] declares that this sub-section applies 70 order in writing addressed to the owner, agent or manager of mine,-- 71 [ * * ] prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, such operation is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion adequate provision against the outbreak of fire 72 [or flooding] has not been made by providing for sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected, by a fire 73 [or flooding]. 74 [ * * * * * * * * ] And the provisions of sub-sections (3), (4), (5) and (6) shall apply to an order made under this sub-section as they apply to an order made under sub-section (2). (2) If the Chief Inspector or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the life, 75 [health] or safety of any person employed in any mine or part thereof, he may, by an order in writing containing a statement of the grounds of his opinion, prohibit until the danger is removed, the employment in or about the mine or part thereof any person where employment is not in his opinion reasonably necessary for the purpose of removing the danger. (3) Where an order has been made under sub-section (2) by an Inspector, the owner, agent or manager of the mine may, within ten days after the receipt of the order, appeal against the same to the Chief Inspector who may confirm, modify or cancel the order. (4) The Chief Inspector or the Inspector making a requisition under sub-section (1) or an order under-section (2), and the Chief Inspector making an order (other than an order of cancellation) in appeal under sub-section (3) shall forthwith report the same to the 76 [appropriate Government] and shall inform the owner, agent or manager of the mine that such report has been so made. (5) If the owner, agent or manager of the mine objects to a requisition made under subsection (1) or to an order made by the Chief Inspector under sub-section (2), or sub-section (3), he may within twenty days after the receipt of the notice containing the requisition of the order or after the date of the decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to the 77 [appropriate Government], which shall refer the same to a Committee. 65 Section 18-A added, ibid, s Words added, ibid, s This sub-section was inserted by s. 2 of the Indian Mines (Amendment) Act, 1936 (1 of 1936) as amended by s. 2 of the Indian Mines (Amendment) Act, 1937 (29 of 1937). 68 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 69 Subs. for the words Gazette of India by the A.O Provisions of sub-section (1-A) applied from 26 June, 1965 to all mines in West Pakistan, other than mines of Nuclear Substances, Oilfields and Gasfields, Gaz. Of West Pak. Extr The bracket and letter omitted by s. 3 of Act 21 of Words added by Act XLV of 1973, s Words added by Act XLV of 1973, s The words or and Clause omitted, by s. 3 of Act 24 of Comma and word added, by Act XLV of 1973, s. 11(c). 76 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 77 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government.

10 (6) Every requisition made under sub-section (1), or order made under sub-section (2) or sub-section (3) to which objection is made under sub-section (5), shall be complied with pending the receipt at the mine of the decision of the Committee. Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a requisition under sub-section (1) pending its decision on the objection. (7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (5 of 1898). 20. Notice to be given of accidents. 78 (1) Whenever there occurs in or about a mine-- (c) (d) (e) an accident causing loss of life or serious bodily injury, or an accidental explosion, ignition, spontaneous heating, outbreak of fire or eruption or inrush of water or other liquid matter, or an influx of inflammable or noxious gases, or a breakage of ropes, chains or other gear by which persons or materials are towered or raised in a shaft or an incline, or on overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or (f) an electric shock or burn caused by contact with a conductor carrying more than 25 volts, or (g) any other accident that may be prescribed, the owner, agent or the manager of the mine shall give notice of the occurrence to such authorities, in such form and within such time as may be prescribed. (1A) Where a notice given under sub-section (1) relates to an accident causing loss of life, the Inspector shall make, or, where the authority receiving the notice is one other than the Inspector, that authority shall cause the Inspector to make, an inquiry into the occurrence as early as possible on receipt of such notice or on information received otherwise. (1B) When an accident causing loss of life occurs, the place of accident shall not be disturbed or tampered with for three clear days from the date of such accident unless the Inspector has earlier inspected it or given intimation that it is not proposed to make an inquiry: Provided that the place of accident may be disturbed if it is necessary for securing the safety of the mine or the persons employed therein, subject to the following conditions:- the decision that it is necessary to disturb the place must be taken by the manager: the disturbance must not prejudice subsequent investigation; (c) the workers, representative must have reasonable opportunity to inspect the place if he wishes; (d) (e) an accurate plan must be made, and copies thereof made available to the Inspector and the workers representative; and everything which is relevant to. the accident must be preserved as far as possible, in the condition in which it was at the time of the accident. 79 (2) The 80 [appropriate Government] may, by notification in the 81 [official Gazette] direct that accidents other than those specified in sub-section (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty-eight hours, shall be entered in a register in the prescribed form shall be subject to the provisions of subsection (1). (3) A copy of the entries in the register referred to in the sub-section (2) shall be sent by the owner, agent or manager of the mine, within fourteen days after the 30 th day of June and the 31 st day of December in each year to the Chief Inspector A. Notice or occupational diseases. (1) Where any person employed in a mine contracts or is believed to have contracted any disease notified by the appropriate Government in the official Gazette as an occupational disease peculiar to any mining operation, the owner, agent 78 Sub-sections (1), (1-A), (1-B) subs. for the original sub-section (1) by Act XLV of 1973, s Sub-section (2) and (3) were added by the Indian Mines (Amendment) Act, 1935 (5 of 1935). 80 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 81 Subs. for the words Local Official Gazette by the A.O., Section 20-A added by Act 40 of 1973, s. 13.

11 or the manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities, in such form and within such time as may be prescribed. (2) The appropriate Government may, by order, appoint such qualified medical practitioners on such terms and conditions as it thinks fit to be certifying doctors for the purpose of this section within such local limits as it may specify in the order. (3) If the Chief Inspector or an Inspector has reason to believe that any person working in a mine has contracted a disease notified under sub-section (1), he may refer that person to the certifying doctor for his opinion. (4) If any qualified medical practitioner attends on a person who is or has been employed in mine and who is or is believed by the medical practitioner to be suffering from any disease notified under sub-section (1), the medical practitioner shall without delay send a report in writing to the Chief Inspector stating- (c) the name and address of the patient; the disease from which the patient is or is believed to be suffering; and the name and address of the mine in which the patient is or was last employed. (5) Where the report under sub-section (4) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying doctor that the person is suffering from a disease notified under sub-section (1), the Chief Inspector shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contracted the disease. (6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the owner, agent or manager of the mine to shift for any specified period a person who has contracted an occupational disease to such working place where there is less or no danger of aggravation of the disease. 21. Power of Government to appoint court of inquiry in cases of accidents. (1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in or about any mine, the 83 [appropriate Government] if it is of opinion that a formal inquiry into the causes of, and circumstances attending, the accident ought to be held, may appoint a competent person to hold such inquiry, and may also appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry. (2) The person appointed to hold any such inquiry shall have all the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (40 of 1860). (3) A person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry. (4) The person holding an inquiry under this section shall make a report to the 84 [appropriate Government] stating the causes of the accident and its circumstances and adding any observation which he or any of the assessors may think fit to make. 22. Publications of reports. The 85 [appropriate Government] may cause any report submitted by a Committee under section [and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit. CHAPTER VI Hours and Limitation of Employment A. Weekly day of rest. No person shall be allowed to work in a mine on more than six days in any one week. 83 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 84 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 85 Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words Central Government. 86 Subs. for the word or by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s Section 22-A to 22-D were inserted, ibid. s. 6.

12 22-B. Hours of work above ground. (1) A person employed above ground in a mine shall not be allowed to work for more than 88 [forty eight] hours in any week or for more than 89 [eight] hours in any day. (2) The periods of work of any such person shall be so arranged that, along with his intervals for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than six hours before he has had an interval for rest of at least one hour. (3) Persons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment: Provided that for the purposes of this sub-section persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times. 22-C. Hours of work below ground. (1) A person employed below ground in a mine shall not be allowed to work for more than 90 [eight] hours in any day. (2) Work of the same kind shall not be carried on below ground in any mine for a period spreading over than 91 [eight] hours in any day except by a system of relays so arranged that the periods of work for each relays are not spread over more than 92 [eight] hours. (3) No person employed in a mine shall be allowed to be in any part of the mine below the ground except during the periods of work shown in respect of him in the register kept under sub-section (1) of section D. Special Provision for night relays. Where a worker works in a relay whose period of work extends over midnight the ensuing day for him shall be deemed to be the period of twentyfour hours beginning at the end of the period of work fixed for the relay, and hours he has worked after midnight shall be counted towards the previous day Prohibition of employment of certain persons. No person shall be allowed to work in a mine who has already been working in any other mine within the preceding twelve hours.] 23-A. Limitations of working hours. [Repealed by the Indian Mines [Amendment] Act, 1935 (5 of 1935), s.8.] B. Notice regarding hours of works. (1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of 95 [relays], the time of the commencement and of the end of work for each 96 [relays]. 97 [The notice shall also state the time of the commencement and of the end of the intervals for rest fixed for persons employed above ground]. A copy of each such notice shall be sent to Chief Inspector, if he so requires. (2) In the case of a mine at which mining operations commence after the 14th day of April, 1930, the notice referred to in sub-section (1) shall be posted not less than seven days before the commencement of work. (3) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any 98 [relay or in the rest intervals fixed for persons employed above ground], an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to Chief Inspector, not less than seven days before such change 99 [ * * * * *.] 100 [(4) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub-section (1)]. 88 Subs. for fifty four, by Act XLV of 1973, s Subs. for ten, ibid, s Subs. for nine by Act 40 of 1973, s Subs. for nine by Act 40 of 1973, s Subs. for nine by Act 40 of 1973, s Subs for the original Section 23 by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s Section 23-B inserted by the Indian Mines (Amendment) Act, 1928 (13 of 1928), s Subs. for shifts by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s Subs. for shifts by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s Inserted by ibid, s Inserted by ibid, s The words if he so requires or if the original notice was sent to him were repealed by s. 9, ibid. 100 Inserted by ibid, s..9.

13 C. Employment of women. (1) No woman shall be employed in any part of mine which is below ground. (2) No woman shall be allowed to work in a mine above ground between the hours of 7 P.M. and 6 A.M. (3) The provisions of this section shall not apply to women who do not perform manual work and are holding positions of managerial or technical character; or employed in health and welfare services Supervising staff. Nothing in section 22-B, section 22-C, section 23, sub-section (4) of section 23-B, or in section 23-C shall apply to persons who may by rules be defined to be persons holding responsible position of managerial or technical character or employed in health and welfare services or employed in any confidential capacity. 25. Exemption from provisions regarding employment. 103 (1) In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 104 [section 22-A, section 22-B, section 23-C, section 23, or sub-section (3) of section 23-C] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such occasion arises, a record of the fact shall immediately be made by the manager and shall be placed before the Chief Inspector or the Inspector at his next inspection of the mine. 105 (2) When as a result of grant of an exemption to any mine from the provisions of section 22-A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of rest of which he has been deprived. (3) In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, the limit of hours of work provided in section 22-B or section 22-C may, with the prior approval of the Chief Inspector, be raised to not more than fiftysix hours in any week or ten hours in any day. (4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22-A, section 22-B or section 22-C for a period not exceeding ninety days in any calendar year, within the maximum limits of ten hours of work on any one day, and twelve hours of spread over, inclusive of intervals for rest or meal, in any one day. (5) Subject to the maximum limits specified in sub-section (4), the appropriate Government may, by order, grant permanent exemption, to such extent and subject to such conditions as may be specified in the order, to a class of workers engaged either on preparatory of complementary work which must necessarily be carried on outside the mines or on work which is essentially intermittent A. Extra wages for overtime. (1) Where in a mine a person works for more than eight hours in any day or works for more than forty-eight hours in any week, whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him. Explanation.-- In this sub-section ordinary rate of wages means all remuneration capable of being expressed in terms of money which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include-- (i) (ii) the value of any house-accommodation, supply of light, water, medical attendance or other amenity; any contribution paid by the owner to any pension fund or provident fund; 101 Section 23-C subs. for the original by Act XLV of 1973, s Section 24 Subs. for the original Section, by Mines (Amendment) Act 1951, s Section 25 renumbered as sub-section (1) by Act XLV 1973, s Subs. for section 23 or section 23-A. by Act 5 of 1935, s Sub-sections (2), (3), (4), (5), added by Act XLV of Section 25-A added, ibid, s. 18.

14 (iii) (iv) (v) any travelling allowance or the value of travelling concession; any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or any gratuity, bonus, overtime, allowance or share in profits of the mine. (2) Where any person employed in a mine is paid on a piece-rate basis the appropriate Government, in consultation with the employer concerned and the representatives of the persons employed in the mine may, for the purposes of this section, fix time rates as nearly as possible equivalent to the average rate of earnings of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rates of wages of such persons. (3) The appropriate Government may prescribe the registers that shall be maintained in a mine for the purpose of securing compliance with the provisions of this section. 26. Children. No child shall be employed in a mine, or be allowed to be present in any part of a mine which is below ground A. Young persons not to be employed without certificates of fitness. No person who has not completed his seventeenth year shall be 108 employed in any part of a mine, unless-- a certificate of fitness in the prescribed form and granted to him by a qualified medical practitioner is in the custody of the manager of the mine, and he carries while at work a token giving a reference to such certificate B. No person who has not completed his seventeenth year shall be permitted to work in any part of a mine, either below ground or above ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest of at least twelve consecutive hours which shall include at least such seven consecutive hours between the hours of 7 P.M. and 7 A. M. as may be prescribed: Provided that nothing in this section shall apply to any such person while employed or permitted to work in any mine as an apprentice or for the purposes of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed: 110 [Provided further that such person shall be granted a rest period of at least thirteen consecutive hours between two working periods.] 27. Dispute as to age. (1) If any question arises between the Chief Inspector or the Inspector and the manager of any mine as to whether any person is a child or 111 [has not completed his seventeenth year.] the question shall, in the absence of a certificate as to the age of such person granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner. (2) Every certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practitioner on a reference under subsection (1) shall, for the purposes of this act, be conclusive evidence as to the age of the person to whom it relates Register of employees. (1) For every mine there shall be kept in the prescribed form and place a register of all persons employed in the mine showing, in respect of each such person: [name, date of birth and the nature] of his employment, (c) (d) (e) the periods of work fixed for him, the intervals of rest, if any, to which he is entitled, the days of rest to which he is entitled, and where work is carried on by a system of relays, the relay to which he belongs. (2) The entries in the register prescribed by sub-section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter. 107 Inserted by Act 5 of 1935, s Subs. for allowed to be present in any part of mine which is below ground by Act VII of 1967, s Inserted by Act 19 of 1951, s Proviso added by Act XLV of 1973, s Inserted by the Indian Mines (Amendment) Act 1935, (5 of 1935), s Subs. by the original section by the Indian Mines (Amendment) Act 1935, (5 of 1935), s Subs. for the nature by Act 1951, s. 5.