Mines act-1952 over view
-
Upload
ibalakumar -
Category
Leadership & Management
-
view
470 -
download
1
Transcript of Mines act-1952 over view
![Page 1: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/1.jpg)
MINES ACT, 1952
![Page 2: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/2.jpg)
INRODUCTION Indian Mines Act, 1923
![Page 3: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/3.jpg)
DEFINIITION AGENT- In relation to a mine means
every person appointed as such or not who acting or purporting to act on behalf of the owner, takes part in management, control, supervision or directio of mine
EMPLOYED- Who works as the manager or who works under appointment
- in any mining operation
![Page 4: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/4.jpg)
- in operations or services relating to the development of the mine
- in operating, servicing, maintaining or repairing of machinery
- in operations, within premises of mine, of loading for dispatch
- in any off ice of the mine - in welfare, health, sanitary or
conservancy or watch and ward - in any kind of work preparatory or
incidental to, or connected with, mining operations
![Page 5: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/5.jpg)
MINE- Excavation for searching for and obtaining minerals and includes
- all borings, bore holes, oil wells and accessory crude conditioning plants, including pipes
- all shafts - all levels and inclined planes - all open cast workings - all conveyors and open ropeways - all audits, levels, planes,
machinery, works, railways, tramways and sidings
- all protective works
![Page 6: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/6.jpg)
- all workshops and stores - all power stations etc. - any premise to deposit sand for use
in mine or to deposit refuse from mine - any premise for process ancil lary to
gett ing dressing or preparation for sale of minerals or of coke
![Page 7: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/7.jpg)
MINERAL- All substances which can be obtained from the earth by mining, digging, dredging, hydraulicing, quarrying or any other operation and includes mineral oil
OFFICE OF THE MINE OPEN CAST WORKING
![Page 8: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/8.jpg)
OWNER means immediate proprietor or lessee or occupier and if business is carried on by l iquidator or receiver, such l iquidator or receiver
but does not include person receiving royalty, rent or f ine, mere proprietor of the mine subject to lease, grant or l icence, mere owner of the soil not interested in the minerals,
but contractor or sub-lessee for working of mine is subject to this Act as if he were an owner, but not so as to exempt the owner from any l iabil i ty
![Page 9: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/9.jpg)
REPORTABLE INJURY- Involving enforced absence from work for sevety two hours or more
SERIOUS BODILY INJURY- permanent loss of any part of body
![Page 10: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/10.jpg)
BELOW GROUND - In shaft - in any excavation extending below
superjacent ground ABOVE GROUND - In open cast or not specified as
above
![Page 11: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/11.jpg)
Section 3- Act not to apply in certain cases
The provisions of this Act except those in Sections 7,8,9,45 and 46 are not to apply to
(a) any mine in which excavation is being made for prospecting purpose only, not for obtaining minerals for use or sale
![Page 12: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/12.jpg)
provided not more than twenty persons are employed, and depth of excavation from highest to lowest point nowhere exceeds six metres, and no part of excavation extends below superjacent ground
![Page 13: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/13.jpg)
(b) any mine engaged in extraction of kankar, murrum, laterite, boulder, gravel, single, sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or f ire clay) building stone, slate road metal, earth, ful lers earth, marl, chalk and lime stone
provided workings are not extending below superjacent ground and in open cast depth is not more than six metres, number of persons employed not more than fif ty and explosives are not used
![Page 14: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/14.jpg)
INSPECTORS AND CERTIFYING SURGEONS Section 5- Chief Inspector and
Inspectors Section 6- Functions of Inspectors Section 7- Powers of Inspectors of
Mines Section 8- Powers of Special Officer
to enter, measure, etc. Section 9- Facil it ies to be provided for
occupational health survey
![Page 15: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/15.jpg)
Section 10- Secrecy of information obtained
![Page 16: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/16.jpg)
Section 11- Certifying Surgeon
![Page 17: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/17.jpg)
COMMITTEES Section 12- Central Government is to
constitute Committee for the purpose of the Act, consisting of
(a) A person, not being Chief Inspector, to act as Chairman
(b) Chief Inspector of Mines (c) Two persons to represent the
interest of miners appointed by Central Government
![Page 18: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/18.jpg)
(d) Two persons to represent the interest of miners appointed by Central Government
(e) Two qualif ied mining engineers not directly employed in mining industry
provided one person in (c) and (d) represents the interest of workers in coal mines
![Page 19: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/19.jpg)
Section 13- Functions of the Committee
Section 14- Powers etc. of the Committee
Section 15- Recovery of expenses
![Page 20: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/20.jpg)
MINING OPERATION AND MANAGEMENT OF MINES Section 16(1)- Notice to be given of
mining operations The owner, agent or manager of
mine, before commencement of mining operation is to give notice to Chief Inspector, Controller Indian Bureau of Mines and District Magistrate in writ ing in form prescribed and particulars
(2) To reach them one month before commencement of mining operation
![Page 21: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/21.jpg)
Section 17(1)- Manager Every mine to be under a sole
manager having prescribed qualif ications appointed by owner or agent provided owner or agent, if qualif ied, may himself be the manager
(2) Subject to instructions given by owner or agent, manager is to be responsible for over all management, control, supervision and direction of the mine- and all such instructions are to be confirmed in writ ing forthwith
![Page 22: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/22.jpg)
(3) Except in emergency, owner, agent or anyone on his behalf is not to give, otherwise than through manager, instructions affecting the fulf i lment of his statutory duties to a person, employed in a mine, who is responsible to manager
![Page 23: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/23.jpg)
Section 18(1)- Duties and responsibil i t ies of owners, agents and managers
Owner and agent to be responsible for making financial and other provisions and for taking steps necessary for compliance with provisions of this Act and regulations, rules, bye-laws and orders made thereunder
![Page 24: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/24.jpg)
(2) The responsibil i ty in respect to matters provided for in rules under (d), (e) and (p) of Section 58 are to be exclusively carry out by owner and agent and person (other than the manager) appointed for securing compliance with these provisions
(3) If carrying out of instructions under Section 17 given otherwise than manager results in contravention of the provisions of this Act, person giving instructions wil l be responsible for contravention
(4) Owner, agent and manager are
![Page 25: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/25.jpg)
to be each responsible to see all operations are carried out according to provisions
(5) In the event of any contravention besides the person contravening, supervisor, manager, owner and agent, et al wil l be responsible
(6) Owner and agent are to be ult imately responsible even if manager and other officials or person under sub-section (2) has been appointed
![Page 26: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/26.jpg)
PROVISIONS AS TO HEALTH AND SAFETY Section 19- Drinking water Section 20- Conservancy Section 21- Medical appliances
![Page 27: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/27.jpg)
Section 22(1)- Powers of Inspectors when causes of danger not expressly provided against exists or when the employment of a person is dangerous
Inspector may give notice in writ ing to require it to be remedied
(1A) If no compliance he may by order prohibit the employment
(2) he may by order prohibit the extraction or reduction of pil lars or blocks
![Page 28: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/28.jpg)
(3A) Anyone prohibited employment is to be entit led for full wages
(4) Appeal against order of Inspector is to be made to chief Inspector within ten days
(5) Chief Inspector or Inspector to send report of their order to Central Government
(6) Appeal against order of Chief Inspector is to be made to Central Government within twenty days, Central Government is to refer it to Committee
![Page 29: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/29.jpg)
(7) Order of Chief Inspector is to be complied with pending decision of the Committee
![Page 30: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/30.jpg)
Section 22A(1)- Power to prohibit employment in certain cases
In respect to any matter relating to safety for which express provision is made Chief Inspector may give order in writ ing for compliance
(2) If no compliance he may by order prohibit the employment
(3) Anyone prohibited employment is to be entit led for full wages
(4) Provisions of (5), (6) and(7) of Section 22 are to apply
![Page 31: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/31.jpg)
Section 23- Notice to be given of accidents
Section 24- Power of Government to appoint Court of Inquiry in accidents
![Page 32: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/32.jpg)
Section 25- Notice of certain diseases Section 26- Power to direct
investigation of causes of disease Section 27- Publication of Reports
![Page 33: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/33.jpg)
HOURS AND LIMITATION OF EMPLOYMENT Section28- Weekly day of rest Section 29- Compensatory days of
rest Section 30- Hours of work above
ground forty eight hours a week, nine hours a
day, no spreadover more than twelve hours, no five hours continuous work, maximum spreadover fourteen hours, two shifts not to do work of same kind at the same time
![Page 34: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/34.jpg)
Section 31- Hours of work below ground
Section 32- Night shifts Section 33- Extra wages for overtime
![Page 35: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/35.jpg)
Section 34- Prohibit ion of employment of certain persons
Section 35- Limitation of daily hours of work including overtime work
Section 36- Notices regarding hours of work
Section 37- Supervising staff Section 38- Exemption from
provisions regarding employment
![Page 36: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/36.jpg)
Section 39- Power to make exepting rules
Section 40- Employment of persons below eighteen years of age
Section 43- Power to require medical examination
Section 45- Prohibit ion of the presence of persons bellow eighteen years of age in a mine
Section 46- Employment of women Section 48- Registers of persons
employed
![Page 37: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/37.jpg)
LEAVE WITH WAGES Section 49- Application of Chapter Section 50- Leave defined Section 51- Calendar year defined Section 52- Annual leave with wages
![Page 38: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/38.jpg)
Section 53- Wages during leave period
Section 54- Payment in advance in certain cases
Section 55- Mode of recovery of unpaid wages
![Page 39: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/39.jpg)
Section 56- Power to exempt mines
![Page 40: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/40.jpg)
![Page 41: Mines act-1952 over view](https://reader034.fdocuments.us/reader034/viewer/2022052413/55a0ad3d1a28ab2d078b4571/html5/thumbnails/41.jpg)