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The Mines Act 1952

THE MINES ACT, 1952, (Act No. 35 of 1952 )

(15 March, 1952) (As modified upto 1983)

  • An Act to amend and consolidate the law relating to the Regulation of labour and safety in mines.
  • Be it enacted by Parliament as follows :-

PRELIMINARY

  1. Short title, extent and commencement
  2. Definitions
  3. Act not apply in certain cases – The provisions of this Act, except those contained in sections 7,8,9, 40,45 and 46

INSPECTORS AND CERTIFYING SURGEONS

  1. Chief Inspector and Inspector
  2. Functions of inspectors
  3. Powers of Inspectors of Mines
  4. Powers of special officers to enter, measure, etc
  5. Facilities to be afforded to inspectors
  6. Secrecy information obtained
  7. Certifying Surgeons

‘COMMITTEES’

  1. Committees
  2. Functions of the committee
  3. Powers, etc. of the Committees
  4. Recovery of expenses

MINING OPERATIONS AND MANAGEMENT OF MINES

  1. Notice to be given of mining operations
  2. Managers
  3. Duties and responsibilities of owners, agents and managers

PROVISION AS TO HEALTH AND SAFETY

  1. Drinking water
  2. Conservancy
  3. Medical appliance
  4. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous
    • Power to prohibit employment in certain cases
  5. Notice to be given of accidents
  6. Power of Government to appoint court of enquiry in cases of accidents
  7. Notice of certain diseases
  8. Power to direct investigation of causes of diseases
  9. Publication of reports

HOURS AND LIMITATION OF EMPLOYMENT

  1. Weekly day of rest
  2. Compensatory days of rest
  3. No adult employed above ground in a mine shall be required or allowed to work for more than forty-eight hours in any week or for more than nine hours in any day
  4. Hours of work below grounds
  5. Night shifts
  6. Extra wages for overtime
  7. Prohibition of employment of certain persons
  8. Limitation of daily hours of work including over-time work
  9. Notices regarding hours of work
  10. Supervising staff
  11. Power to make exempting rules
  12. Employment of persons below eighteen years of age
  13. Power to require medical examination
  14. Prohibition of the presence of persons below eighteen years of age in a mine
  15. Employment of women
  16. Disputes as to age Rep. By the Mine (Amendment) Act 1959 (62 of 1959), S.28.
  17. Register of persons employed

LEAVE WITH WAGES

  1. Application of Chapter
  2. Leave defined
  3. Calendar year defined
  4. Annual leave wages
  5. Wages during leave period
  6. Payment in advance in certain cases
  7. Mode of recovery of unpaid wages
  8. Power to exempt mines

REGULATIONS, RULES AND BYE-LAWS

  1. Power of Central Government to make regulations:-
  2. Power of Central Government to make rules
  3. Prior publication of regulations and rules
  4. Power to make regulations without previous Publications

PENALTIES AND KPROCEDURE

  1. Obstruction
  2. Falsification of records
  3. Use of false certificates of fitness
  4. Omission to furnish plans etc.
  5. Contravention of provisions regarding employment of labour
  6. Penalty for employment of persons below eighteen years of age
  7. Failure to appoint manager
  8. Notice of accidents
  9. Owner etc. to report to Chief Inspector in certain cases
  10. Obligations of persons employed in a mine
  11. Special provision for contravention of certain regulations
  12. Special provision of contravention of order under section 22.
  13. Special provision for contravention of law with dangerous results
  14. General provision of disobedience of others
  15. Enhanced penalty after previous conviction
  16. Prosecution of owner, agent or manager
  17. Determination of owner in certain cases
  18. Exemption of owner, agent or manager in certain cases
  19. Power of court to make orders
  20. Limitation of prosecutions
  21. Cognizance of offences
  22. Cognizance of offences

MISCELLANEOUS

  1. Decision of question whether a mine is under this Act
  2. Power to exempt from operation of Act.
  3. Power to alter on rescind any orders
  4. Application of Act to mines belonging to Government
  5. Persons required to give notice etc. legally bound to do so.
  6. Signing of returns, notices etc.
  7. No fee or charge to be realised for facilities and conveniences
  8. Application of certain provision of Act 63 of 1948 to mines
  9. Protection of action taken in good faith

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