MINES ACT, 1923
[1]( IV of
1923)
[23rd
February, 1923]
An
Act
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, 1923.
(3) It shall come into force on the first day of July, 1924.
2.
{Saving the
Regulation XII of 1887), Omitted by para, 3 and Schedule I of the
Government of India (Adaptation of Indian Laws) Order, 1937.
3.
Definitions.—
In this Act, unless there is anything repugnant in the subject or context,—
(a)
“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;]
(b)
“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)
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;
(e)
“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;
(f)
“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:
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)
“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;
(h)
“prescribed” means prescribed by regulations, rules or
bye-laws;
(i)
“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;
(j)
“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)
“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
(I) “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) [19]The
[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).
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 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--
(a)
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;
(b)
with such assistant (if any) as he thinks fit, enter,
inspect and examine any mine or any part thereof [25][ * * * *
]
(c)
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;
Provided that no one shall be required
under this section to answer or give any evidence tending to criminate himself;
(e)
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;
(f)
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 of
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’s 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.
(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 (j)j 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
Appropriate 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
COMMITTEES
10.
Mining
Boards.— (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)
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;
(b)
The Chief Inspector or an Inspector;
[45](c)
a person, not being the Chief Inspector or Inspector, nominated by the [46][appropriate
Government;]
(d) 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)
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;
(ii)
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];
(iii)
if neither sub-clause (i) nor sub-clause (ii) is
applicable, that said persons shall be nominated by the 49[appropriate
Government] [49].
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.
(2)
The Chairman shall appoint a person to act as secretary
to the Board.
(3)
The [50][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-- --
(a)
a chairman nominated by the [51][appropriate
Government] or by such officer or authority as the [52][
appropriate Government] may authorise in this behalf;
(b)
a person nominated by the chairman and qualified by
experience to dispose of the question referred to the Committee; and
(c)
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 [53][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 [54][
appropriate Government. ]
(5)
On receiving such report the [55][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 [56][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
the mine.
(6)
The [57][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 or
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 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 or
expenses.— The [58][appropriate
Government] may direct that the expenses of any inquiry conducted by a Mining
Board constituted under section 10 or by Committee appointed under section 11
shall be borne in whole or in 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 [59][owner
or agent].
CHAPTER IV
MINING OPERATION AND
MANAGEMENT OF MINES
14.
[60]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 [61]commencement
of the Mines (Amendment) Ordinance, 1973, or in the case of proposed mining
operations, not less then 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-
(a)
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
(b)
that he had made all the financial and other provisions
necessary to enable the manager to carry out his duties; and
(c)
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. [62]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 [63][
* * * * ] 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.
[64]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 or 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, [65][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.
[66](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 [67][appropriate
Government] may by notification in the [68][official
Gazette] declares that this sub-section applies[69]
order in writing addressed to the owner, agent or manager of mine,--
[70][
* * ] 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 [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 [or [71]flooding].
[72][ * * * * * * * * ]
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, [73]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 [74][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 (I) 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 or 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 [75][appropriate
Government], which shall refer the same to a Committee.
(6)
Every requisition made under sub-section (I), 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.— [76](1)
Whenever there occurs in or about a mine--
(a)
an accident causing loss of life or serious bodily
injury, or
(b)
an accidental explosion, ignition, spontaneous heating,
outbreak of fire or eruption or inrush of water or other liquid matter, or
(c)
an influx of inflammable or noxious gases, or
(d)
a breakage of ropes, chains or other gear by which
persons or materials are
towered or raised in a shaft or an
incline, or
(e)
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:-
(a)
the decision that it is necessary to disturb the place
must be taken by the manager;
(b)
the disturbance must not prejudice-subsequent investigation;
(c)
the worker’s, representative must have reasonable
opportunity to inspect the place if he wishes;
(d)
an accurate plan must be made, and copies thereof made
available to the Inspector and the workers’ representative; and
(e)
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.
[77](2)
The [78][appropriate
Government] may, by notification in the [79][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 31st day of December in
each year to the Chief Inspector.
[80]20-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 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-
(a)
the name and address of the patient;
(b)
the disease from which the patient is or is believed to
be suffering; and
(c)
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 he 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 [81][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 [82][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.
Publication
of reports.— The [83][appropriate
Government] may cause any report submitted by a Committee under section 11 [84][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
[85]22-A. Weekly day of rest.— No person
shall be allowed to work in a mine on more than six days in any one week.
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 [86]forty
eight hours in any week or for more than [87]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 [88][
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 [89]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 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 28.
22-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 the hours he has worked after midnight shall
be counted towards the previous day.
[90]23. 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.]
[91]23-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 [92]relays,
the time of the commencement and of the end of work for each 94[relays]. [93]The
notice shall also state the time of 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 96relay 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 [94][
* * *
* *.]
[95](4)
No person shall be allowed to work in a mine otherwise than in accordance with
the notice required by sub-section (1).
[96]23-C. Employment of women.— (1) No
woman shall be employed in any part of mine which 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—
(a) holding
positions of managerial or technical character; or (b) employed in health and welfare services.
[97]24. 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.— [98](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 [99][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.
[100](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—
(a)
ten hours of work on any one day, and
(b)
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.
[101]25-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)
the value of any house-accommodation, supply of light,
water, medical attendance or other amenity;
(ii)
any contribution paid by the owner to any pension fund
or provident fund;
(iii)
any travelling allowance or the value of travelling
concession;
(iv)
any sum paid to the person employed to defray special
expenses entailed on him by the nature of his employment; or
(v)
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.
[102]26-A. Young persons not to be employed
without certificates of fitness.— No person who has not completed his
seventeenth year shall be [103]employed
in any part of a mine, unless--
(a) 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 (b) he carries
while at work a token giving a reference to such certificate.
[104]26-B. Limitation of working hours for young
persons.- 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:
[105]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 [106]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.
[107]28. 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:--
111(a) name, date of birth and the nature of his
employment,
(b)
the periods of work fixed for him,
(c)
the intervals of rest, if any, to which he is entitled,
(d)
the days of rest to which he is entitled, and
(e)
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.
(3)
No person shall be employed in a mine until the
particulars required by sub-section (1) have been recorded in the register in
respect of such person and no person shall be employed except during the
periods of work shown in respect of him in the register.
(4)
For every mine which the [108][appropriate
Government] may, by general or special order, declare this sub-section to be
applicable, there shall be kept in the prescribed form and place a register
which shall show at any moment the name of every person then working below
ground in the mine.
[109]CHAPTER VI-A
LEAVE AND HOLIDAYS
WITH WAGES
28-A. Application of the Chapter.— Nothing in
this Chapter shall affect any right or privilege to which a person employed in
a mine has been entitled on the date [110]of
coming into force of the Mines (Amendment) Ordinance, 1973, under any existing
law or under any award, agreement, settlement, contract, custom or usage if
such right or privilege is more favourable to him, nor shall such right or
privilege be combined with, or be in addition to, the benefits under the
provisions of this chapter.
28-B. Annual leave with wages.— (1) Every
person who has completed one year of continuous service in a mine shall be
allowed during the subsequent period of twelve months leave with wages for a
number of days calculated, at the rate of—
(a)
one day for every seventeen days of work performed
below ground during the previous period of twelve months;
(b)
one day for every twenty days of work performed above
ground during the previous period of twelve months;
Provided that a period of leave
shall be inclusive of any holiday which may occur during such period.
(2)
If a person employed in a mine does not, in any such
period of twelve months, take the leave to which he is entitled under
sub-section (1), either in whole or in part, such leave not taken by him shall
be added to the leave to be allowed to him under that sub-section in the
succeeding period of twelve months:
Provided that such person shall
cease to earn leave under this section when the leave due to him amounts to
twenty days:
Provided further that any leave
applied for by a person but refused by the owner, agent or manager of the mine
for any reason shall be added to the credit of such person beyond the aforesaid
limit.
(3)
If a person entitled to leave under sub-section (1) is
discharged before he has been allowed the leave or, if having applied for and
having been refused the leave, he quits his employment before he has been
allowed the leave, the owner, agent or manager shall pay him the amount payable
under section 28-E in respect of the leave.
(4)
For the purpose of this section, a person shall be
deemed to have completed a period of continuous service in a mine
notwithstanding any interruption in service during that period due to—
(a)
any holiday;
(b)
any leave with wages;
(c)
any leave, with or without wages, due to sickness or
accident;
(d)
any maternity leave not exceeding twelve weeks;
(e)
any period of lay-off arising due to failure, refusal
or inability of any owner on account of shortage of coal, power or raw material
or the accumulation of stock or the breakdown of machinery or for any other
reason, to give employment to a person whose name is borne in the master rolls
of his mine; or (f) a strike which is not illegal or a lockout which is not
legal.
28-C. Festival holidays.— Every person
employed in a mine shall be allowed, with wages, such festival holidays as are
declared by the appropriate Government to be public holidays.
28-D. Causal leave and sick leave.— Every
person employed in a mine shall be entitled in a year to ten days’ ‘casual
leave on full wages and sixteen days’ sick leave on half average wages:
Provided that casual leave or sick
leave admissible under this section shall not be accumulated and carried
forward to the succeeding year.
28-E. Wages during leave or holiday periods.— For
the leave or holidays allowed to a person under the provisions of this Chapter,
he shall be paid—
(a)
in case of leave with full wages, at the rate equal to
the daily average of his wages for the days on which he actually worked during
the preceding three months; and
(b)
in case of leave with half average wages, at the rate
equal to half daily average of the wages as aforesaid.
28-F. Payment in advance in certain cases.— Any
person who has been allowed leave for not less than four days under section
28-B shall, before his leave begins, be paid the wages due for the period of
the leave allowed.
28-G. Power of Inspector to act for workers.— Any
Inspector may institute proceedings on behalf of any person who has been or is
employed in a mine to recover any sum required to be, but not, paid by an
owner, agent or manager in accordance with this Chapter.
CHAPTER VII
REGULATIONS, RULES
AND BYE-LAWS
29. Power of [111][appropriate Government] to make
regulations.— The [112][appropriate
Government] may, by notification in the [113][Official
Gazette], make regulations consistent with this Act for all or any of the
following purposes, namely:
(a)
for prescribing the qualifications to be required by a
person for appointment as Chief Inspector or Inspector;
(b)
for prescribing and regulating the duties and powers of
the Chief Inspector and of Inspectors in regard to the Inspection of mines
under this Act;
(c)
for prescribing the duties of owners, agents and
managers of mines and of persons acting under them;
(d)
for prescribing the qualifications of managers of mines
and of persons acting under them;
(e)
for regulating the manner of ascertaining, by
examination or otherwise, the qualifications of managers of mines and persons
acting under them, and the granting and renewal of the certificates of
competency;
(f)
for fixing the fees, if any, to be paid in respect of
such examinations and of the grant and renewal of such certificates;
(g)
for determining the circumstances in which and the
conditions subject to which it shall be lawful for more mines than one to be
under a single manager, or for any mine or mines to be under a manager not
having the prescribed qualifications;
(h)
for providing for the making of inquiries into charges
of misconduct or incompetency on the part of managers of mines and persons
acting under them and for the suspension and cancellation of certificates of
competency;
[114](hh)
for providing for the appointment in mines wherein two hundred and fifty or
more persons are ordinarily employed of such number of welfare and safety
officers as may be specified and fat prescribing the qualifications and the
duties to be performed by such officers;
(i)
for regulating, subject to the provisions of the
Explosives Act, 1884 (4 to 1884), and of any rules made thereunder, the storage
and use of explosives;
[115](ii)
for regulating, subject to the provisions to the Electricity Act, 1910 (IX of 1910) and the
rules made thereunder, the generation, storage, transformation, transmission
and use of electricity in mines and for providing for the care and the
regulation of the use of all electrical apparatus and electrical cables in
mines;
(j)
for prohibiting, restricting or regulating the
employment in mines or in any class of mines of women either below ground or on
particular kinds of labour which are attended by danger to the life, safety or
health of such women;
[116](jj)
for providing for and regulating the training of persons before they are
employed in mines and also during the period of employment at such intervals as
may be prescribed;
(jjj) for
providing for and regulating the medical examination of the person before they
are employed in mines and also during the period of employment at such
intervals as may be prescribed;
(k)
for providing for the safety of the persons employed in
a mine, their means of entrance thereinto and exit therefrom, the number of
shafts or outlets to be furnished, and the fencing of shafts or outlets, pathways
and subsidence;
[117](kk)
for prohibiting the employment in a mine either as manager or in any other
specified capacity of any persons except persons paid by the owner of the mine
and directly answerable to the owner or manager of the mine;
(l)
for providing for the safety of the roads and working
places in mines, including the sitting and maintenance of pillars and the
maintenance of sufficient barriers between mine and mine;
[118](ll)
for prescribing the size of travelling roads in a mine, through which load is•
carried by human agency and limit of load and the distance to which it is
carried:
(Ill) for
providing for and regulating the inspection of workings, disused working and
sealed off fire areas in mines and for the restriction of working in a mine
under or in the vicinity of goaves or the sea or any lake or river or any other
body of surface water, whether natural or artificial, or of any public roads,
or buildings;
(m)
for providing for [119][and
regulating] the ventilation of mines and the action to be taken in respect of
dust [ionising radiations, radioactive, gases and dust, fire and inflammable]
and noxious gases;
(n)
for providing for the care, and regulation of the use,
of all machinery, [120][plant,
equipment and material in mines].
[121](nn)
for providing for the safety of persons present on haulage roads in mines and
for prohibiting, restricting or regulating the use of certain classes of
locomotive underground;
[122](o)
for providing for adequate and suitable lighting in mines and for requiring and
regulating the use of safety lamps and for the search of persons entering a
mine for the prescribed prohibited articles;
[123](oo)
for prescribing protective equipments and clothings and breathing, apparatus
for all persons or classes of persons employed in mines or classes of mines and
requiring and regulating the use of such protective equipments, clothings and
apparatus;
[124](p)
for providing against explosions or ignitions or irruptions of or accumulations
of water in mines and against danger arising therefrom, and for prohibiting,
restricting or regulating the extraction of minerals in circumstances likely to
result in or to aggravate irruptions of water or ignitions in mines;
(q)
for prescribing the notices of accidents and dangerous
occurrences, and the notices, reports and returns of minerals output, persons
employed and other matters provided for by regulations, to he furnished by
owners, agents or managers of mine, and for prescribing the forms of such
notices, returns and reports, the persons and authorities to whom they are to be
furnished, the particulars to be contained in them, and the time within which
they are to be submitted;
[125](qq)
for prescribing the form of, the authorities to whom, and the time within
which, the notice required by sub-section (1) of section 20-A shall be sent by
the owner, agent or manager of a mine, and the fees to be paid to the medical
practitioners under sub-section (5) of that section;
(r)
for prescribing the plans to be kept by owners, agents
and managers of mines and the manner and places in which such plans are to be
kept for purposes of record;
(s)
for regulating the procedure on the occurrence of
accidents or accidental explosions or ignitions in or about mines.
(t)
for prescribing the form of, and the particulars to be
contained in, the notice to he given by the owner, agent or manager of a mine
under section 14; and
(u)
for prescribing the notice to be given, by the owner,
agent or manager of a mine before mining operations are commenced at or
extended to any point within fifty yards of any railway subject to the
provisions of Railways Act, 1890 (9 of 1980) or of any public work or classes
of public works which the [126][appropriate
Government] may, by general or special order, specify in this behalf.
Government] may, [129]by
notification in the [130]official
Gazette make rules consistent with this Act for all or any of the following
purposes, namely:-
(a)
for providing for the appointment of chairmen and
members of Mining Boards, and for regulating the procedure of such Boards;
[131](
aa) for prescribing the form of the register referred to in sub-section (2) of
section 20;
[132](aaa)
for requiring facilities and security of service to be provided to managers of
mines and other persons acting under them for enabling them to efficiently
discharge their duties;
(b)
for providing for the appointment of courts of inquiry
under section 21, for regulating the procedure and powers of such courts, for
the payment of travelling allowance to the members and for the recovery of the expenses
of such courts from the manager, owner or agent of the mine concerned.
[133](bb)
for requiring the maintenance in mines wherein any women are ordinarily
employed of suitable rooms to be reserved for the use of children under the age
of six years belonging to such women, and for prescribing, either generally or
with particular reference to the number of women ordinarily employed in the
mine, the number and standards of such rooms, and the nature and extent of the
supervision to be provided therein;
[134](bbb)
for requiring the maintenance at or near pit-heads of bathing places equipped
with shower baths and of locker-rooms for the use of men employed in mines and
of similar, and separate places and rooms for the use of women in mines where
women are employed, and for prescribing, either generally or with particular
reference to the numbers of men and women ordinarily employed in a mine, the
number and standards of such places and rooms;
[135](bbbb)
for prescribing the standard in respect of construction, accommodation,
furniture and other equipment of the canteens, the food stuffs to be served
therein and the charges which may be made therefore and the representation of
the persons employed in the mines in the management of such canteens;
(c)
for prescribing the scale of latrine and urinal
accommodation to be provided at mines, the provision to be made for the supply
of drinking water, [136]the
standard of first-aid rooms and shelters, the equipment and furniture therein
and the nature and extent of supervision to be provided therefore, the supply
and maintenance of medical appliances and comforts, [137]and
the training of men in ambulance work;
[138](cc)
for prescribing the forms of notices required under section 23-B, and for
requiring such notices to be posted also in specified vernaculars;
143(ccc) to fix seven
consecutive hours between 7 P.M and 7 A.M for the purpose of section 26-B;
(cccc) to
specify the circumstances in which and conditions in accordance, with which a
young person may be employed or permitted to work as an apprentice or for the
purposes of receiving vocational training in a mine for the purposes of the
proviso to section 26-B;
(d)
for defining the persons who shall, for the purposes of
section 24, be deemed to be persons holding positions of supervision or management
or employed in
confidential capacity;
(e)
for prohibiting the employment in mines of persons or
any class of persons who have not been certified by a qualified medical
practitioner [139]to
have completed their fifteenth year, and for prescribing the manner and the
circumstances in which such certificates may be granted and revoked;
[140](ee)
for prescribing the form of the certificates of fitness required by section
26-A and the circumstances in which such certificates may be granted and
revoked;
[142](ff)
to fix the time rates for persons employed on piece-rated basis and for
requiring the maintenance of payment registers for overtime work and
prescribing the form thereof;
(fff) for
prescribing the forms in which record of applications for leave, the grant or
refusal thereof and the payment of wages during leave and holidays with wages
is to be kept;
(g)
for prescribing abstracts of this Act [143]and
of the regulations and rules and the vernacular in which the abstracts [144]and
bye-laws shall be posted as required by sections 32 and 33;
(h)
for requiring the fencing of any mine or part of a
mine, whether the same is being worked or not, where such fencing is necessary
for the protection of the public;
(i)
for the protection from injury, in respect of any mine
when the workings are discontinued, of property vested in [145][Government]
or any local authority or railway
company as defined in the Railways Act, 1890 (9 of 1890);
(j)
for requiring notices, returns and reports in
connection with any matters dealt with by rules to be furnished by owners,
agents, and managers of mines, and for prescribing the forms of such notices,
returns and reports; the persons and authorities to whom they are to be
furnished, the particulars to be contained in them, and times within which they
are to be submitted; and
(k)
generally to provide for any matter not provided for by
this Act or the regulations, provisions for which• is required order to give
effect to this Act.
[146]30-A. Power of [147][appropriate Government] to require rescue
stations to be established.— The [148][appropriate
Government] may, by notification in the [149][official
Gazette], make [150]rules
under this section—
[151](a)
requiring the establishment of central rescue stations for groups or specified
mines or for all mines in a specified area, and prescribing how and by whom
such stations shall be established;
(b)
providing for the management of central rescue
stations, and regulating the constitution, powers and functions of, and conduct
of business by, the authorities (which shall include representatives of the
owners and managers of, and of the miners employed in, the mines or groups of
mines concerned charged with such management;
(c)
prescribing the position, equipment, control,
maintenance and functions of control rescue stations;
(d)
providing for the levy and collection of a duty of
excise (at a rate not exceeding [152]three
paisa per ton) on coke and coal produced in and despatched from mines specified
under clause (a) in any group or included under clause (a) in any specified
area, the utilisation of the proceeds thereof for the creation of a central
rescue station fund for such group or area and the administration of such
funds;
(e)
providing for the formation, training, composition, and
duties of rescue brigades; and
(f)
providing generally for the conduct of rescue work in
mines
31.
Prior
publication of regulations and rules.— (1) The power to make regulations
and rules conferred by section 29, [153]30
and 30-A is subject to the condition of the regulations and rules being made
after previous publication.
(2)
The date to be specified in accordance with clause (3)
of section 23 of the General Clauses Act 1897 (10 of 1897), as that after which
a draft of regulations or rules proposed to be made will be taken under
consideration, shall not be less than three months from the date on which the
draft of the proposed regulations or rules is published for general
information.
(3)
Before the draft of any regulation [154]is
published under this section it shall be referred [155]to
every Mining Board constituted in [156]Pakistan
[157]which
is, in the opinion of the [158][appropriate
Government], concerned with the subject dealt with by the [159]regulation
and the regulation [160]shall
not be so published until each such Board has had a reasonable opportunity of
reporting as to the expediency making the same and as to the suitability of its
provisions.
[161](3-A)
No rule shall be made unless the draft thereof has been referred to every
Mining Board constituted[162]
in the part of [163]Pakistan
effected by the rule, and unless each such Board has had a reasonable
opportunity of operating as to the expediency of making the same and as to the
suitability of its provisions.
(4)
Regulations and rules shall be published in the [164][official
Gazette],[165]and,
on such publication, shall have affect as if enacted in this Act.
[166](5)
The provisions of sub-sections (1), (2) and (3-A) shall not apply to the first
occasion on which rules referred to in clause (bb) or [167]clause
(bbb) of section 30 are made.
[168]31-A. Power to make regulations without
previous publication.— Notwithstanding anything contained in sub-sections
(1), (2) and (3) of section 31, regulations under clause (i) and clauses (K) to
(s) inclusive of section 29 may be made without previous publication and
without previous reference to Mining Boards, if the [169][appropriate
Government] is satisfied that for the prevention of apprehended danger or the
speedy remedy of conditions likely to cause danger it is necessary in making
such regulations to dispense with the delay that would result from such
publication and reference:
Provided that any regulations so
made shall not remain in force for more than two years from the making thereof.
32.
Bye-laws.— (1)
The owner, agent or manager of a mine may, and shall,if called upon to do so by
the Chief Inspector or Inspector, frame and submit to the Chief Inspector or
Inspector a draft of such bye-laws, not being inconsistant with this Act or any
regulations or rules for the time being in force, for the control and guidance
of the persons acting in the management of, or employed in, the mine as such
owner, agent or manager may deem necessary to prevent accidents and provide for
the safety, convenience and discipline of the persons employed in the mine.
(2) If any such owner, agent or manager--
(a)
fails to submit within two months a draft of bye-laws
after being called upon to do so by the Chief Inspector or Inspector, or -
(b)
submits a draft of bye-laws which is not in the opinion
of the Chief Inspector or
Inspector sufficient, the Chief
Inspector or Inspector may--
(i)
propose a draft of such bye-laws as appear to him to be
sufficient
(ii)
propose such amendments in any draft submitted to him
by the owner, agent or manager as will, in his opinion, ender it sufficient,
and shall send such draft bye-laws of draft amendments to
the owner, agent or manager, as the case may be, for consideration.
(3) If within a period of two
months from the date on which any draft bye-laws or draft amendments are sent
by the Chief Inspector or Inspector to the owner, or agent or manager under the
provisions of the sub-sections (2) the Chief Inspector or Inspector and the
owner, agent or manager, unable to agree as to the terms of the bye-laws to be
made under sub-section (1), the Chief Inspector or Inspector shall refer the
draft bye-laws for settlement to the Mining Board or, where there is no Mining
Board, to such officer or authority as the [170][appropriate
Government] may, by general or special order, appoint in this behalf.
(4)(a) When such draft bye-laws
have been agreed to by the owner, agent or manager and the Chief Inspector or
Inspector, or, when they are unable to
agree, have been settled by the Mining Board or such officer or authority as
aforesaid, a copy of the draft bye-laws shall be sent by the Chief Inspector or
Inspector to the [171][
appropriate Government] for approval.
(b)
the [172][appropriate
Government] may make such modifications of the draft bye-laws as it thinks fit.
(c)
Before the [173][appropriate
Government] approves the draft bye-laws, whether with or without modifications,
there shall be published, in such manner as the [174][appropriate
Government] may think best adapted for informing the persons affected, notice
of the proposal to make the bye-laws and of the place where copies of the-
draft bye-laws may be obtained, and of the time (which shall not be less than
thirty days) within which any objections with reference to the draft bye-laws-,
made by or on behalf of persons affected should be sent to the [175][appropriate
Government].
(d)
Every objection shall be in writing and shall state—
(1)
the specific grounds of objection, and
(2)
the omissions, additions and modifications asked for.
(e) The [176][appropriate
Government] shall consider any objection made within the required time by or on
behalf of persons appearing, to it to be affected, and may approve the bye-laws
either in the form in which they were published or after making such amendments
thereto as it thinks fit.
(5)
The bye-laws, when so approved by the [177][appropriate
Government], shall have effect as if enacted in this Act, and the owner, agent
or the manager of the mine shall cause a copy of the bye-laws, in English and
in such vernacular or vernaculars as may be prescribed, to be posted up in some
conspicous place at or near the mine, where the bye-laws may be conveniently
read or seen by the persons employed; and, as often as the same became defaced,
obliterated or destroyed, shall cause them to be renewed with all reasonable
despatch.
(6)
The [178][appropriate
Government] may, by order, in writing rescind, in whole or in part, any bye-law
so made, and thereupon such bye-law shall cease to have effect accordingly.
33.
Posting up
of abstracts from Act, regulations, etc.— There shall be kept posted up or
near every mine in English and in such vernacular or vernaculars as may be
prescribed, the prescribed abstracts of the Act and of the regulations and
rules.
CHAPTER VIII
PENALTIES AND
PROCEDURE
34.
Obstruction.—
(1) Whoever obstructs the Chief Inspector, an Inspector or any person
authorised under section 7 in the discharge of his duties under this Act, or
refuses or wilfully neglects to afford the Chief Inspector, an Inspector or
such person any reasonable facility for making any entry, inspection,
examination or inquiry authorised by or under this Act in relation to any mine,
shall be punishable with imprisonment for a term which may extend to three months,
or with fine which may extend to [179]one
thousand rupees, or with both.
(2) Whoever refuses to produce on
the demand of the Chief Inspector or Inspector any registers or other documents
kept in pursuance of this Act, or prevents or attempts to prevent or does
anything which he has reason to believe to be likely to prevent, any person
from appearing before or being examined by an inspecting officer acting in
pursuance of his duties under this Act, shall be punishable with fine which may
extend to [180]six
hundred rupees.
35.
Falsification
of records, etc.— Whoever —
(a)
counterfeits, or knowingly makes a false statement in,
any certificate, or any official copy of certificate, granted under this Act,
or
(b)
knowingly uses as true any such counterfeit or false
certificate, or
(c)
makes or produces or uses any false declaration,
statement or evidence knowing the same to be false, for the purpose of
obtaining for himself or for any other person a certificate, or the renewal of
a certificate, under this Act, or any employment in a mine, or
(d)
falsifies any plan or register or record the
maintenance of which is required by or under this Act, or
(e)
makes, gives 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.
shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to [181]one
thousand) rupees, or with both.
36.
Omission to
furnish plans, etc.— Any person who,
without reasonable excuse the burden of proving which shall lie upon him, omits
to make or furnish in the prescribed form or manner or at or within the
prescribed time any plan, return, notice, register, record or report required
by or under this Act to be made or furnished shall be punishable with tine
which may extend to [182]four
hundred rupees.
37.
Contravention
of provisions regarding employment of labour.— Whoever, save as permitted
by section 25, contravenes any provision of this Act or of any regulation, rule
or byelaw or any order made thereunder prohibiting, restricting or regulating
the employment or presence of persons in or about a mine shall be punishable
with fine which may extend to [183]one
thousand rupees.
38.
Notice of
accidents.— [184](1)
Whoever, in contravention of the provisions [185]of
sub-section (1) of section 20, fails to give notice of any accidental
occurrence shall, if the occurrence results in serious bodily injury be
punishable with fine which may extend to [186]one
thousand rupees or, if the occurrence results in loss of life, be punishable
with imprisonment which may extend to three months or with fine which may
extend to [187]one
thousand rupees, or with both.
[188](2)
Whoever in - contravention of a direction made by the [189][appropriate
Government] under sub-section (2) of section 20 fails to record in the
prescribed register or to give notice of any accidental occurrence shall be
punishable with fine which may extend to five hundred rupees.
39.
Disobedience
of orders.— Whoever contravenes any provisions of this Act or of any
regulation, rule or bye-law or of any order made thereunder for the
contravention of which no penalty is hereinbefore provided shall be punishable
with fine which may extend to [190]two
thousand rupees, and, in the case of a continuing contravention, with a further
fine which may extend to [191]two
hundred rupees for every day on which the offender is proved to have persisted
in the contravention after the date of the first conviction.
40.
Contravention
of law with dangerous results.— (1) Notwithstanding anything hereinbefore
contained, whoever contravenes any provision of this Act or of any regulation,
rule or bye-law or of any order made thereunder, shall be punishable, if such
contravention results in loss of life, with imprisonment which may extend to
one year, or with fine which may extend to [192][four]
thousand rupees, or with both; or, if such contravention results in serious
bodily injury, with imprisonment which may extend to six months, or with fine
which may extend to [193][two
thousand] rupees, or with both; or, if such contravention otherwise causes
injury, or danger to workers or other persons in or about the mine, with
imprisonment which may extend to one month, or with fine which may extend to [194][
one thousand] rupees or with both.
(2)
Where a person having been convicted under this section
is again convicted thereunder, he shall be punishable with double the
punishment provided by sub-section (1).
(3)
Any Court imposing, or confirming in appeal, revision
or otherwise, a sentence of fine passed under this section may, when passing
judgment, order the whole or any part of the fine recovered to be paid as
compensation to the person injured, or, in case of his death, to his legal
representative:
Provided that, if the fine is
imposed in a case which is subject to appeal, no such payment shall be made
before the period allowed for presenting the appeal has elapsed, or, if an
appeal has been presented before the decision of the appeal.
[195]40-A. Special provision regarding
fine.— Notwithstanding anything
contained in section 32 of the Code Criminal Procedure, 1898 (Act 5 of 1898),
it shall be lawful for a Magistrate of the first class to pass a sentence of
fine exceeding one thousand rupees authorised by this Act on any person
convicted of offence thereunder.
41.
Prosecution
of owner, agent or manager.— No
prosecution shall be instituted against any owner, agent manager for any
offence under this Act except at the instance of the Chief Inspector or of the
District Magistrate or of an Inspector authorised in this behalf by general or
special order in writing by the Chief Inspector.
[196]42. Limitation of prosecution.— No
court shall take cognizance of any offence under this
Act unless complaint thereof has been made--
(i)
within six months of the date on which the offence is
alleged to have been committed, or
(ii)
within six months of the date on which the alleged
commission of the offence came to the knowledge of the Inspector, or
(iii)
in any case where a person has been appointed by the
appropriate Government under section 21 to hold an inquiry within six months of
the date of the making of the report referred to in sub-section (4) of that
section, whichever is the later.
43.
Cognizance
of Offences.— No Court inferior to that of a [197]Magistrate
of the first class shall try any offence under this Act which is alleged to
have been committed by any owner, agent or manager of a mine or any offence
which is by this Act made punishable with imprisonment.
44.
Reference to
Mining Board or Committee in lieu of prosecution in certain cases.—
(1)
If the Court trying any case instituted at the instance
of the Chief Inspector or of the District Magistrate or of an Inspector under
this Act is of opinion that the case is one which should, in lieu of a
prosecution, be referred to a Mining Board or a Committee, it may stay the
Criminal proceedings and report the matter to the [198][appropriate
Government] with a view to such reference being made.
(2)
On receipt of a report under sub-section (1), the [199][appropriate
Government] may refer the case to a Mining Board or a Committee, or may direct
the Court to proceed with the trial.
CHAPTER IX
MISCELLANEOUS
45.
Decision of
question whether a mine is under this Act.—
If any question arises as to whether any excavation or working is a
mine within the meaning of this Act, the [200][appropriate
Government] may decide the question, and a certificate signed by a Secretary of
the [201][
appropriate Government] shall be conclusive on the point.
46.
Power to
exempt from operation of Act.— (1) The [202][appropriate
Government] may, by notification in the [203][official
Gazette], exempt [204][either
absolutely or subject to any specified conditions] any local area or any mine
or group or class of mines or any part of a mine or any class of persons from
the operation of all or any specified provisions of this Act:
Provided that no local area or mine
or group or class of mines shall exempted from the provisions of section 26
unless it is also exempted from the operation of all the other provisions of
this Act.
[205][Provided
further that no exemption from the operation of the provisions of section 23-C
shall be granted unless, in the case of an emergency, the national interest so
requires and the employers’ and workers’ organisation concerned have been
consulted.]
[206]Provided
further that no exemption from the operation of the provisions of section 22-B
or section 22-C or section 25-A shall be granted except in the event of war or
other emergency threatening the national safety.
[207][
* *
* * * * *
*]
47.
Power to alter or resind orders.— [208]The
[appropriate Government] [209]may
reverse or modify any order passed under this Act[210].
48.
Application
of Act to 216[Government] mines.— This Act shall
apply to mine belonging to the [211][
Government ].
49.
Saving.— No
suit, prosecution or other legal proceeding whatever shall lie against any
person for any thing which is in good faith done or intended to be done under
this Act.
50.
[Repeals] .— Repealed by the Repealing Act, 1927
(12 of 1927), S.2 and schedule.
( THE SCHEDULE )
[Enactments Repealed] Repealed by
the Repealing Act, 1927 (12 of 1927), s.2 and Schedule.
EXEMPTIONS FROM THE
PROVISIONS OF MINES ACT, 1923[212]
[In exercise of the powers conferred under the sub-section(1) of section
46 of the Mines, Act, 1923 (IV of 1923), and in supersession of all previous
notifications on the subject, in this behalf, the Central Government exempted
the mines, groups and classes of persons specified in the first column of the
schedule annexed hereto from the operations of the provisions of the Mines Act,
1923 (IV of 1923), which are specified in the corresponding entry in the second
column thereof, subject to the conditions specified in the corresponding entry
in the third column
thereof.]
THE SCHEDULE
|
Mines, groups and classes of Provisions
from mines and persons which exemption
Exempted is granted
|
Conditions attached to exemption
|
|||
|
|
1
|
2
|
|
3
|
|
1.
|
Mines of Kankar, Murum, All Laterite, gravel, sand, earth,
fuller’s earth and clay (not including
Koaline, China clay, white clay and fire
clay)
provided that-
|
|
1.
|
The
owner, agent or manager of every mine so exempted, whether existing or new,
shall forward to the Chief Inspector and the District Magistrate a repot in
the form contained in Appendix I to this schedule as
soon as-
|
|
|
(a) no more than 50 persons are employed on any day in
or about
such excavation, or
|
|
|
(a) the depth
of the mine measured from its highest to lowest point
reaches 20 feet, or
|
|
|
(b) not part of the
excavations extends beneath the superjacent
grounds, or
|
|
|
(b) any part extends beneath the
superjacent grounds, or
|
|
|
(c) nowhere the depth of the excavations
measured from its highest to its lowest point exceeds 20 feet.
|
|
|
(c) the number of persons employed in the mine on any day exceeds 50,
and at such times thereafter as the Chief Inspector or District Magistrate
may direct.
|
|
|
|
2
|
|
3
|
|
2.
|
Mine (not including Coal, All Chromite and
Salt) in which excavation is being carried
out for
prospecting purposes
|
|
2(1) The owner, agent and manager shall permit the Chief Inspector or
any person exercising the power of inspectors
|
|
only and not for the purposes of obtaining minerals for use
or sale, provided that:-
(a) not
more than 20 persons are employed in or about such
excavation, or
(b)
no part of
excavations extends beneath the superjacent grounds, or
(c)
nowhere the depth of the excavations measured from its
highest to its lowest point exceeds 20 feet.
to enter, inspect and examine any mine
so exempted at any time. In the event of causing obstructions to his entry or
inspection, the mine shall be deemed fit as if they were not exempted from the provision of Mine Act, 1923(IV of
1923) and the owner, agent and manager shall be liable for prosecution under
section 34 of the Mine Act, 1923(IV of 1923)
3. Iron-ore mines
worked All without mechanical power, the whole of the ore from which is
supplied locally to village smelters and black smith.
(2) The owner, agent or manager of any
mine so exempted shall not permit any female to enter the mine for purposes of
employment, or to be employed in the under ground working, if any, of the mine.
Same as specified in entry 2 in this
column.
|
|
1 2 3
|
|
|
4.
|
Person employed in the The
provision 4. (1) The period of work of oil fields. contained in sub- these workers shall not
|
|
|
section
(2) of section
22B and sub-section (2) of
section 28.
|
exceed
eight hours in any one day.
(2)
The entries in the register prescribed by sub-section (1) of section 28 shall
be such that workers working in accordance therewith are not working in
contravention of any of the conditions of Chapter VI of the Act other than
those from which exemption is given
or in
contraventions of the provisions of paragraph (1) of entry 4 in this column.
|
|
|
5.
|
Winding engineman, The provisions 5. Engine
and power house contained in subattendants, Banksman, section (2) of section
Boiler Fireman, 22B and sub-section Trolleymen and (2) of section
28.
|
Same as specified in entry
4 in this column.
|
Trammers.
Persons working on mechanical
screening and loading plants, pump, compressor or fan
attendants.
6. persons employed
exclusively in transporting minerals to outside the mine premises or in loading
or unloading of wages tubs, trucks or carts on the railway sidings belonging to
the mines but situated outside their lease premises.
All ….. 6. Same
as specified in entry 4 in this column.
APPENDIX 1
FORM OF REPORT
( Condition 1 in third column relating to entry in the first
column of the schedule )
1.
Name and situation of the mine (village, Post
office, Railway Station, Sub-Division and
District, Nearest House and the
distance from the nearest Railway and Rest House)
…………………………………………………………………………..
2.
Name of mineral worked. ……………………
3.
Name and postal address of owner……………………
4.
Name and postal address of agent, if any……………….
5.
Name and Postal address of Manager…………………….
6.
Depth of the mine measured from its highest to
its lowest point……………………
7.
Maximum number of persons employed in the mine
………………..
8.
Whether explosive is used in the mine…………………..
9.
The general Condition of the mine as to safety
in working …………………………
10.
Whether underground workings have been made or
likely to be made……………
11.
The date on which the mine was opened (for new
mines only) ……………………
Date…………
Signature of owner, agent or manager
[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. 25.
[2] The world “Indian” omitted
by G.G.O. 4 of 1949, Schedule.
[3]
Subs, for the original sub. Original by Ord. 21 of 1960.
[4] Act applied to -- (i)
Baluchistan State Union vide G.G.O. 1953, (ii) Khairpur State vide G.G.O. 24 of
1953 and (iii) Bahawlpur State vide G.G.O. 21 of 1953.
The Mines Act, 1923, “shall apply to the
Federally Administered Tribal Areas, with immediate effect” vide Noti. SRO.
220(1)/2000 dt. 21.04.2000 Gaz. of Pak., Ext., Pt. , II, April 28, 2000.
[5]
Cl. (aa) substituted by Presidents Order 1 of 1964, s. 2 and Seh.
[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. 435.
[7]
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.
[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
1973. s. 2 (a).
[18] Subs. for “limb”. Ibid,
s. 2(b).
[19] 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. 1937.
[21] Subs. for the original by
Ord. XXI of 1960.
[22] Added by Presidents Order
1 of 1964, s. 2 & Sch.
[23] Subs. for the original by
Ord. XXI of 1960.
[24]
Subs. for the words “Central Government” by P.O. 1 of 1964, s. 2 & Sch.
[25] Words omitted by Act XLV
of 1973, s. 3(a).
[26] Words added, ibid, s.
3(b).
[27]
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. 4.
[30] Added by the Indian Mines
(Amendment) Act 1937 (29 of 1937), s.
3.
[31] Words added, by Act XLV
of 1973, s. 5.
[32]
Subs. for the words “to any one other than a Magistrate or an office to whom he
is subordinate” by the Indian Mines (Amendment)
Act, 1937 (29 of 1937) , s. 3.
[33]
Subs. for the words “the Central Governor General in council on the Local
Government” by the A. O., 1937.
[34] 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. , 1937.
[37] Sec. 9-A added, by Ord. 7
of 1973, s. 6.
[38] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[39] Subs. for the words, “for
the province or for any part of the province” by the A.O. 1937.
[40] Subs. by Ord. XXI of
1960.
[41] Added by Presidents Order
1 of 1964, Sec. 2 and Sch.
[42] The words “in the
province” were repealed by A.O. 1937.
[43] Subs. for “Crown” by
Presidents Order of 1961, s. 2 & Sch. 2.
[44] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[45]
Subs. for the original Clause by the Indian Mines (Amendment) Act 1935 (5 of
1935), s. 3.
[46] 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”.
[49]
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. 6-7-14-78 dt. Feb. 4, 1979, Pb. Gaz. Extra.
March 17, 1979, p. 431.
[50] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[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. for the words
“owner, agent or manager” by s. 2 & Sch. 1 of the repealing and amending
act 1925 (37 of 1925).
[60] Sec. 14 Subs. for the
original by Act XLV of 1973. s. 7.
[62]
Section 17-A and 17-B added by Act XLV of 1973, s. 8.
[63] Words omitted , ibid, s.
9.
[64] Section 18-A added, ibid,
s. 10.
[65] Words added, ibid, s.
11(a).
[66] 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).
[67] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[68] Subs. for the words
“Gazette of India” by the A.O. 1937.
[69] 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.
3.6.1965.
[70] The bracket and letter
“(a)” omitted by s. 3 of Act 21 of 1940.
[71] Words added by Act XLV of
1973, s. 11(b).
[72] The words “or” and Clause
(b) omitted, by s. 3 of Act 24 of 1940.
[73] Comma and word added, by
Act XLV of 1973, s. 11(c).
[74] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[75]
Subs. by P.O. 1 of 1964, s. 2 & Sch. for the words “Central Government”.
[76] Sub-sections (1), (1-A),
(1-B) subs. for the original sub-section (1) by Act XLV of 1973, s. 12.
[77]
Sub-section (2) and (3) were added by the Indian Mines (Amendment) Act, 1935 (5 of 1935).
[78] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[79]
Subs. for the words “Local Official Gazette” by the A.O., 1937.
[80] Section 20-A added by Act
40 of 1973, s. 13.
[84]
Subs. for the word “or” by the Indian Mines (Amendment)
Act, 1935 (5 of 1935), s. 5.
[85] Section 22-A to 22-D were
inserted, s. 6.
[86]
Subs. for “fifty four”, by Act XLV of 1973, s. 14(a).
[87] Subs. for “ten”, ibid, s.
14(b).
[88] Subs. for “nine” by Act
40 of 1973, s. 15.
[89] Subs. for “nine” by Act
40 of 1973, s. 15.
[90] Subs for the original
Section 23 by the Indian Mines (Amendment)
Act, 1935 (5 of 1935), s. 7.
[91]
Section 23-B inserted by the Indian Mines (Amendment) Act, 1928 (13 of 1928),
s. 3.
[92] Subs. for “shifts” by the
Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 9. 94 Subs. for
“shifts” by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 9.
[93] Inserted by ibid, s..9. 96
Inserted by ibid, s..9.
[94] The words “if he so
requires or if the original notice was sent to him” were repealed by s. 9,
ibid.
[95] Inserted by ibid, s..9.
[96] Section 23-C subs. for
the original by Act XLV of 1973, s. 16.
[97] Section 24 Subs. for the
original Section, by Mines (Amendment)
Act 1951, s. 3.
[98] Section 25 renumbered as
sub-section (1) by Act XLV 1973, s. 17.
[99] Subs. for “section 23 or
section 23-A.” by Act 5 of 1935, s. 10.
[100] Sub-sections (2), (3),
(4), (5), added by Act XLV of 1973.
[101] Section 25-A added,
ibid, s. 18.
[102] Inserted by Act 5 of
1935, s. 12.
[103] Subs. for “allowed to be
present in any part of mine which is below ground” by Act VII of 1967, s. 2.
[104] Inserted by Act 19 of
1951, s. 4.
[105] Proviso added by Act XLV
of 1973, s. 19.
[106] Inserted by the Indian
Mines (Amendment) Act 1935, (5 of
1935), s. 13.
[107]
Subs. by the original section by the Indian Mines (Amendment) Act 1935, (5 of 1935), s. 14. 111 Subs. for
“the nature” by Act 1951, s. 5.
[108] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[109] Chapter VI-A comprising
sections 28-A, 28-B, 28-C, 28-D, 28-E, 28-F, 28-G inserted by Act XLV of 1973,
s. 20.
[111] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[112] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[113] Subs. for the words
“Gazette of India” by the A.O. 1937.
[114] Cl. (hh) added by Act
XLV of 1973, s. 21(a).
[115] Cl. (ii) added ibid, s.
21(a).
[116] Cl. (jj) and (jjj) added
ibid, s. 21(c).
[117] Cl. (kk) added by Act 24
of 1940, s. 4.
[118] Cl. (ll) and (lll) added
by Act XLV of 1973, s. 21(d).
[119] Word inserted by the
Indian Mines (Amendment) Act, 1936
(11 of 1930), s. 3.
[120] Word and commas subs.
for the original ibid, s. 21(f).
[121] Cl. (nn) added by, ibid,
s. 21(g).
[122] Cl. (o) subs. for the
original ibid, s. 21(h).
[123] Cl. (oo) added by, ibid,
s. 21(i).
[124] Subs. by the original
section by the Indian Mines (Amendment) Act
1936, (2 of 1936), s. 3.
[125] Cl. (qq) added by Act
XLV of 1973, s. 21.
[126] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[127] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[128] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[129] The words “subject to
the control of the Governor General in Council” were repealed, by the A.O.
1937.
[130] Subs. for the words
“Gazette of India” by the A.O. 1937.
[131] Cl. (aa) inserted by the
Indian Mines (Amendment) Act 1935 (5
of 1935) s. 15.
[132] Cl. (aaa) added by Act
40 of 1973, s. 22(a).
[133] Cl. (bb) inserted by
Ord. 17 of 1935, s. 2.
[134] Cl. (bbb) inserted by
Act 2 of 1948, s. 2.
[135] Cl. (bbbb) added by Odr.
VII of 1973, s. 22(b).
[136] Word and Comma added
ibid, s. 22(c).
[137] The words “the formation
and training of rescue brigades” were repealed by the Indian Mines (Amendment) Act 1936 (11 of 1936), s. 4.
[138] Cl. (cc) inserted by
Indian Mines (Amendment) Act 1928 (13
of 1928), s. 6. 143 Cl. (ccc) inserted by Act 19 of 1951 s. 6.
[139] Substituted for the
words “to be more than thirteen years of age” by the Indian Mines (Amendment) act, 1935 (5 of 1935), s.
15.
[140] Cl. (ee) inserted, ibid,
s. 15.
[141] Substituted for
“register”. ibid, s. 15.
[142] Cl. (ff) and (fff) added
by Act XLV of 1973, s. 22(d).
[143] Inserted by the
Repealing and Amendment Act 1925 (37 of 1925), s.2 and Sch. 1.
[144] The words “the
regulations rules” were repealed, ibid.
[145] Subs. for “His Majesty”
by P.O. of 1961.
[146] Inserted by the Indian
Mines (Amendment) Act, 1936 (11 of
1936), s. 1.
[147] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[148] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[149] Subs. for the word
“Gazette of Indian” ibid.
[150] Subs. for the word
“regulations” by the Indian Mines (Amendment) Act, 1937 (29 of 1937), s. 4.
[151] Subs. for the original
clauses (a), (b), (c) and (d), ibid.
[152] Subs. for “six pies” by
Act of 40 of 1973, s. 23.
[153] Sub. for the word and
figure “and 30” by the Indian Mines (Amendment)
Act, 1937 (29 of 1937), s. 5.
[154] The words “or rule” were
repealed by the Indian Mines (Amendment)
Act 1928 (13 of 1928), s. 7.
[155] The words “in the case
of regulation” were repealed ibid.
[156] Subs. by Ord. XXI of
1960.
[157] Inserted by the Indian
Mines (Amendment) Act, 1935 (5 of
1935), s.16.
[158] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[159]
The words “and in the case of a rules to every Mining Board constituted in the
province” were repealed by the Indian Mines (Amendment)
Act, 1928 (13 of 1928), s. 7.
[160] The words “or rule” were
repealed by the Indian Mines (Amendment)
Act 1928 (13 of 1928), s. 7.
[161] Sub Sec. (3-A) inserted
by the ibid, s. 16.
[162] Sub for the words “in
the province for which it is proposed to make the rule” by the A.O. 1937.
[163] Subs. for “the province
and Capital of the Federation” Ord XXI of 1960.
[164] Sub. for the words
“Gazette of Indian” by the A.O. 1937.
[165] The words “and the Local
Official Gazette, respectively” were repealed, ibid.
[166] Added by Ord. 17 of
1945, s. as amended by Act 2 of 1964, s. 4.
[167] Inserted by Act 2 of
1964, s. 3.
[168] Sec. 31-A inserted by
Indian Mines (amendment) Act 1936 (11 of 1936, s.6.
[169] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[170] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[171] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[172] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[173] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[174] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[175] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[176] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[177] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[178] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[179] Subs. for “five hundred”
by the Act XLV of 1973, s. 24(a).
[180] Subs. for “three” ,
ibid, s. 24(b).
[181] Subs . for “five
hundred” by Act XLV 1973, s. 25.
[182] Subs. for “two, ibid, s.
26.
[183] Subs. for “five hundred”
ibid, s. 27.
[184] Original Sec. 38 was
renumbered sub-section (1) by the Indian Mines Amendment Act, 1953 (5 of 1953),
s. 17.
[185] These words, brackets
and figures were inserted, ibid.
[186] Subs of “five hundred”,
by Act XLV of 1973, s. 28.
[187] Subs of “five hundred”,
by Act XLV of 1973, s. 28.
[188] Sub-section (2) added by
the Indian Mines (Amendment) Act, 1953 (5 of 1953), s. 17.
[189] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[190] Subs for “one” by Act
XLV of 1973, s. 29.
[191] Subs for “one” by Act
XLV of 1973, s. 29.
[192] Subs. for “two”, ibid,
s. 30(a).
[193] Subs. for “one
thousand”, ibid, s. 30(b).
[194] Subs. for “five
hundred”, ibid, s. 30(c).
[195] Sec. 40-A added by Act
XLV of 1973, s. 31.
[196] Sec. 42 subs. for the
original, ibid, s. 32.
[197] The words “Presidency
Magistrate” are omitted by Sch. to G.G.O. 4 of 1949.
[198] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[199] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[200] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[201] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[202] Subs. for words
“Governor General in Council” by the A.O., 1937.
[203] Sub for words “Gazette
of India” .ibid.
[204] Inserted by the Indian
Mines (Amendment) Act, 1935 (5 of
1935), s. 18.
[205] Proviso added by Act VII
of 1967, s. 3.
[206] Proviso added by Act 40
of 1973, s. 33.
[207] Sub-sec. (2) was
repealed by A.O., 1937.
[208] Subs. by P.O. 1 of 1964,
s. 2 & Sch. for the words “Central Government”.
[209] The words “and every
Local Government” were repealed, by the A.O., 1937.
[210] The words “by an
authority subject to his or its control as the case may be” were repealed,
ibid. 216 Subs for “Crown” by P.O. 1 of 1961.
[211] Subs for “Crown” by P.O.
1 of 1961.
[212] Published under Noti.
No. L.R.7(57)54 of 16-5-55; Gaz. of Pak., 1955, Pt. I, P. 148.
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