PDF viewer not loading? Download the PDF directly or view on Pakistan Code.
THE MINES ACT, 1923
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Saving the Regulation XII of 1887
3. Definitions
CHAPTER II
INSPECTORS
4. Chief Inspector and Inspectors
5. Functions of Inspectors
6. Powers of Inspectors of Mines
7. Powers of special officer to enter, measure, etc.
8. Facilities to be afforded to Inspectors
9. Secrecy of information obtained
9A. Secrecy of source of compliant
CHAPTER III
MINING BOARDS, AND COMMITTEE
10. Mining Board
11. Committees
12. Powers of Mining Boards
Page 1 of 35
13. Recovery of expenses
CHAPTER IV
MINING OPERATION AND MANAGEMENT OF MINES
14. Notice before commencement of mining operations
15. Managers
16. Duties and responsibilities of owners, agents and managers
CHAPTER V
PROVISIONS AS TO HEALTH AND SAFETY
17. Conservancy
17A. Canteens
17B. Shelters
18. Medical Appliances
18A. First aid rooms
19. Powers, of Inspectors when causes of danger not expressly provided against exist or whist
employment of persons is dangerous
20. Notice to be given of accidents
20A. Notice of occupational diseases
21. Power of Government to appoint court of inquiry in cases of accidents
22. Publications of reports
CHAPTER VI
Hours and Limitation of Employment
22A. Weekly, day of rest
22B. Hours of work above ground
22C. Hours of work below ground
22D. Special provision for night relays
23. Prohibition of employment of certain persons
Page 2 of 35
23A. Limitation of working hours
23B. Notices regarding bouts of work
23C. Employment of women
24. Supervising staff
25. Exemption from provisions regarding employment
25A. Extra stages for overtime
26. Children
26A. Young persons not to be employed without certificates of fitness
26B. Limitation of working hours for young persons
27. Dispute as to age
28. Register of employees
CHAPTER VI-A
LEAVE AND HOLIDAYS WITH WAGES
28A. Application of the Chapter
28B. Annual leave with wages
28C. Festival holidays
28D. Casual leave and sick leave
28E. Wages during leave or holiday periods
28F. Payment in advance in certain cases
28G. Power of Inspector to act for workers
CHAPTER VII
REGULATIONS, RULES AND BYE-LAWS
29. Power of appropriate Government to make regulations
30. Power of appropriate Government to make rules
30A. Power of appropriate Government to require rescue stations to be established
31. Prier publication of regulations and rules
Page 3 of 35
31A. Power to make regulations without previous publication
32. Bye-laws
33. Posting up of abstracts from Act, regulations, etc.
CHAPTER VIII
PENALTIES AND PROCEDURE
34. Obstruction
35. Falsification of records, etc.
36. Omission to furnish plans, etc.
37. Contraventions of provisions regarding employment of labour
38. Notice of accidents
39. Disobedience of orders
40. Contravention of law with dangerous results
40A. Special provision regarding fine
41. Prosecution of owner, agent or manager
42. Limitation of promotion
43. Cognizance of Offences
44. Reference to Mining Board or Committee in lieu of prosecution in certain cases
CHAPTER IX
MISCELLANEOUS
45. Decision of question whether a mine is under this Act
46. Power to exempt from operation of Act
47. Power to alter or rescind orders
48. Application of Act to Government mines
49. Saving
50. [Repeals]
Page 4 of 35
THE SCHEDULE
1
THE MINES ACT, 1923
2
ACT No. 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 3* Mines Act
1923.
4
[(2) It extend to the whole of Pakistan.]
(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 Sch 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 oil fields and gas fields the 7[Federal
Government] and in relation to other mines the Provincial Government;].
1
This act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see
Regulation No. 1 of 1972, s. 2 and Sch.
2
This Act has been extended to:⸻
(i) the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the
Federated Areas of Baluchistan, see Gazette of India, 1937 Pt. I p. 1499;
(ii) the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of
1953), as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953
(G.G.O. 19 of 1953);
(iii) the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953;
(iv) the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) as amended by the
Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953).
The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur
(Application of Central Laws) Ordinance, 1960 (XXXVII of 1960) s. 2.
This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see
Regulation No. 1 of 1972, s. 2 and Sch. also applied to FATA, SRO 220 (1)/2000, dated 21-4-2000.
3
The word “Indian” omitted by A.O., 1949.
4
Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for
sub-section (2), as amended by A.O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 8.
5
Clause (aa) ins. by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), has been subs. by A.O., 1964, Art. 2 and Sch.
6
Subs. by F.A.O., 1975, Art. 2 and Sch., for “nuclear substances, oilfields and gasfield”.
Page 5 of 35
7
Subs. ibid., Art. 2 and Table, for “Central Government”.
(b) Chief Inspector means the Chief Inspector to Mines appointed under this Act;
1
[(c) Child means a person who has not completed his fifteenth year;]
2
[(cc) day means a period of twenty-four hours beginning at midnight;]
3
[* * * * * * *]
(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 con-
nected 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 blow
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:
(g) “owner” when used in relation to a mine, means say 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 car any like part thereof shall be subject to this Act ifs manner as it he
were ear owner, but not so as to exempt the owner from any liability;
(h) “prescribed” means prescribed by regulations, ruler or bye laws;
(i) “qualified medical practitioner” means any person registered 4[* * *] under
any Act of 5[the Central 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
6
[appropriate Government] by notification in the 7[official Gazette], to be a
qualified medical practitioner for the purposes of this Act;
1
Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 2. for the original clause (c).
2
Clause (cc) ins., ibid
3
Clause (ccc), omitted by A.O., 1949.
4
Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II.
5
Subs. by A.O., 1949, for “any Legislature in British India”.
Page 6 of 35
6
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Local Government”.
7
Subs. by A.O., 1937, for “local official Gazette”.
(j) “regulations”, “rules” and “bye-laws” means respectively., regulations, rules
and bye-laws under this Act ;
1
[(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’
2
[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
3
[part of the body], or the permanent logs of or injury to the sight or hearing,
or the fracture of any 3[part of the body] or the enforced absence of the injured
person from work for a period exceeding twenty days; and
(l) “week” means the period between midnight on Saturday night and midnight
on the succeeding Saturday night.
CHAPTER II
INSPECTORS
4. Chief Inspector and Inspectors.—(1) The 4[appropriate Government] easy, by
notification in the 5[Official Gazette], appoint a duly qualified person to be Chief Inspector of Mines
for the whole of 6[Pakistan] 7[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 8[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 9[appropriate Government]:
Provided that nothing in this sub-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 or
areas within which, or the group or class of mines with respect to which, Inspectors shall exercise
their respective powers.
1
Cl. (jj) was ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935),s.2.
2
Added by the Mines (Amdt.) Act 1973 (XLV of 1973), s. 2.
3
Subs. ibid., s. 2,for “limb”.
4
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Governor General in Council.”.
5
Subs. A.O., 1937, for “Gazette of India”.
6
Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for
“the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”.
Page 7 of 35
7
Ins. by A.O., 1964, Art. 2 and Sch.
8
Subs. by the Federal Laws (Revision and Declaration)Act, 1951 (XXVI of 1951), s. 4 and III Sch., for “India”.
9
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
(2) The Inspector shall give information to owners, agents and managers of mines situate
within the local area or areas or belonging to the group or class of mines, in respect of which he
exercises powers under sub-section (1) as to all regulations and rules which concern them
respectively and as to the places where copies of such regulations and rules may be obtained.
6. Powers of Inspectors of Mines.—The Chief Inspector and any Inspector may⸻
(a) make such examination and inquiry as he thinks fit in order to ascertain
whether the provisions 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 at 1[* * *] ;
(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, 2[health and welfare] of the persons
employed in the mine ;
3
[(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, register or other documents, the keeping
of which is prescribed in order to see that they are in conformity with the 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
4
[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 three days' notice to the manager of such mine, enter the mine and may survey, level or treasure
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 if the mine 5[:]
1
Certain words omitted by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 3.
2
Ins. ibid.,
3
Added ibid.,
4
Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “Crown”, which had been subs. by A.O., 1937, for
“Government”.
Page 8 of 35
5
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 4, for full stop.
1
[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 a mine shall
afford the Chief inspector and every Inspector and every person authorised under section I all
reasonable facilities or 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 of an
Inspector or by any one assisting him, it the course of the inspection of any spine under this Act or
acquired lay any person authorised under section 7 in the exercise of his duties thereunder, shall he
regarded as confidential, 2[and shall not he disclosed to any person tuber than a Magistrate 3[or a
Commissioner for Workmen’s Compensation appointed under the Workmen’s Compensation Act,
1923 (VIII 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 or with the
safety of any persons].
(2) If the Chief Inspector, or an Inspector, or any other persona referred to in sub-section (1)
discloses 4[contrary to the provisions of sub-section (1)] any such information at aforesaid without
the consent of 5[the appropriate Government], he shall be guilty of a breach of official trust., and
shall lie punishable 6[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 7[except with the
previous sanction of the 8[appropriate Government]].
9[9A. Secrecy of source of compliant.—The Chief Inspector or an Inspector shall treat as
absolutely confidential the source of any complaint bringing to his notice a defect or breach of any
provision of this Act or any rules or regulations made thereunder and shall not give any intimation to
the owner of the mine or his representative that a visit of inspection was made in consequence of the
receipt of such a complaint.]
CHAPTER III
MINING BOARDS, AND COMMITTEE
10. Mining Board.⸻(1) The 8[appropriate Government] may constitute 10[for any part of
Pakistan] 11[or, as the case may be, of the Province], or for any group or class of mines 12[* * *] , a
Mining Board consisting of⸻
1
Proviso added ibid.,
2
Added by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937),s. 3.
3
Ins. by Act XLV of 1973, s. 5.
4
Subs. by the Mines (Amdt.) Act 1973 (XLV of 1973)s. 5 for “to any one, other than a Magistrate or an officer to whom he is subordinate”.
5
The original words “the G.G. in C. or the L.G.”, were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as
above.
6
Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch. I, for “in the manner provided by section 4 of the Indian
Official Secrets Act, 1889”.
7
Subs. by Act XXIX of 1937, s. 3, for the original words as amended by A.O., 1937.
8
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government".
9
Ins. by Act XLV of 1973,s.6.
Page 9 of 35
10
The original words “for the province, or for any part of the province” were first subs. by A.O., 1937 and then amended by A.O., 1949, and
the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as
above.
11
Ins. by A.O., 1964, Art. 2 and Sch.
12
The words “in the province” were rep. by A.O., 1937.
(a) a person in the service of 1[the State], not being the Chief Inspector or an
Inspector, nominated by the 2[appropriate Government] to act as Chairman ;
(b) the Chief Inspector or an Inspector;
3
[(c) a person, not being the Chief Inspector or an Inspector, nominated by the
2
[appropriate Government ];]
(d) two persons nominated by owners of mines or their representatives in such
manner as may be prescribed ;
4
[(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
persons 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 than 1,000
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 2[appropriate Government] ;
(iii) if neither sub-clause (i) nor sub-clause (ii) is applicable, the said
persons shall be nominated by the 2[appropriate Government].
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 2[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 2[appropriate Government] or by such officer or
authority as the 2[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
Page 10 of 35
1
The original words “the Government”, were first subs. by the Indian Mines (Amdt) Act, 1940 (XXIV of 1940), s. 2 and then
amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above.
2
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government".
3
Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3, for the original clause. (c).
4
Clause (e) and the Explanation added, ibid. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3.
(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 1[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, not with standing 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 1[appropriate Government.]
(5) On receiving such report the 1[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 1[appropriate Government] may
proceed to review such decision and to pass such orders in the matter 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 manager of the mine.
(6) The 1[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 the expenses of the
inquiry including such remuneration.
12. Powers of Mining Boards.⸻(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 a Civil Court under the Code of Civil Procedure, 1908 (V of
1908) for the purpose of enforcing the attendance of witness and compelling the production of
documents and material objects ; and every person required by any such Mining Board or Committee
to furnish information before it shall be deemed to be legally bound to do so within the meaning of
section 176 of the Pakistan Penal Code (XLV of 1960).
13. Recovery of expenses.—The 1[appropriate Government] may direct that the expenses of
any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed
under section 11 shall be borne in whole or in the part by the owner or agent of the mine concerned,
and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a
Magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is
for the time being resident, be recovered by the distress and sale of any movable property within the
limits of the Magistrate's jurisdiction belonging to such 2[owner or agent].
Page 11 of 35
1
Subs. by A.O., 1964, Art.2 and Sch., for "Central Government"., which had been subs. by A.O., 1937, for "Local Government".
2
Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch I, for “owner, agent or manager.”
CHAPTER IV
MINING OPERATION AND MANAGEMENT OF MINES
1[14. 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 commencement
of the Mines (Amendment) Ordinance, 1973, or in the case of proposed mining operations, not less
than fifteen days before the 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 (1) 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 or 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 provisions 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 proceedings 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.
Page 12 of 35
1
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s, 7, for section 14.
CHAPTER V
PROVISIONS AS TO HEALTH AND SAFETY
17. Conservancy.—There shall be provided and maintained for every mine latrine and urinal
accommodation of such kind and on such scale, and such supply of water fit for drinking, as may be
prescribed.
1
[17A. 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.
17B. Shelters.—There shall be provided and maintained for use of persons working above
ground in a mine, during intervals for rest, shelters of such standard and on such scale as may be
prescribed.]
18. Medical Appliances. At every mine 2[* * *], such supply of ambulances or stretchers,
and of splints, bandages and other medical requirements, as may be prescribed, shall be kept ready at
hand in convenient place and in good and serviceable order.
318A. First aid rooms.—At every mine in respect of which the appropriate Government
may, by notification in the official Gazette, declare this section to apply, there shall be provided
first-aid rooms of such size, with such equipment and in charge of such medical and nursing staff as
may be prescribed.]
19. Powers, of Inspectors when causes of danger not expressly provided against exist or
whist employment of persons 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, tuning or practice in or connected with toe mine, or with the control, management or
direction thereof, is dangerous to human life, 4[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 the mine, or
part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be
remedied within such time as he may specify in the notice.
5
[(1-A) Without prejudice to the generality of the provisions contained in sub-section (i), the
Chief Inspector or the Inspector may, in any area to which the 6[appropriate Government] may by
notification in the 7[Official Gazette] declares that this sub-section applies, by order in writing
addressed to the owner, agent or manager of mine,___
8
[*] 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 pilars or the premature collapse of any part of the
workings or otherwise endanger the mine, or if, in his opinion adequate provision against the out-
break of fire 9[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 10[or flooding]. 10[*]
1
New sections 17A and 17B ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 8.
2
Certain words omitted ibid., s. 9, these words were previously amended by various enactments.
3
New section 18A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 10.
4
Ins. ibid., s. 11.
5
Sub-section (1A) ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 2, as amended by the Indian Mines (Amdt.) Act, 1937 (XXIX
of 1937), s. 2.
6
Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Governor General in Council”.
7
Subs. by A. O., 1937, for “Gazette of India”.
Page 13 of 35
8
The brackets and letter “(a) omitted by the Indian Mines (Amdt.) Act, 1940 (XXIV of 1940), s. 3.
9
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11.
10
The word "or" omitted by Act XXIV of 1940, s.3.
1
[* * * * * *]
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, 2[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 they confirm, modify or cancel the order.
(4) The Chief Inspector or the Inspector making a requisition under subsection (I) or an order
under-section (2), and the Chief Inspector making an order (other than so order of cancellation) in
appeal under sub-section (3), shall forthwith report the same to the 3[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 sub-section
(1) or to an order made by the Chief Inspector under sub-section (2), or sub-section (3), he may,
within twenty days after the receipt of the notice containing the requisition of the order or after the
date of the decision of the appeal, as the case may be, send his objection in writing, stating the
grounds thereof, to the 3[appropriate Government], which shall refer the same to a Committee.
(6) Every requisition made under sub-section (1), or order made under sub-section (2) or
sub-section (3) to which objection is made under sub-section (5) shall be complied with pending the
receipt at the mine of the decision of the Committee:
Provided that the Committee may, on the application of tine 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 (V of 1898).
20. Notice to be given of accidents.___ 4[(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
lowered or raised in a shaft or an incline, or
1
The clause (b) omitted by Act XXIV of 1940, s.3.
2
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11.
3
Subs. by A.O., 1964, Art.2 and Sch., for "Central Government". Which had been subs. by A.O., 1937, for "Local Government".
4
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 12, for sub-section (1) which was previously amended by the Indian Mines
(Amdt.) Act, 1935 (5 of 1935), s. 4.
Page 14 of 35
(e) an 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 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 workers' representative must have reasonable opportunity to inspect the
place if be 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.]
1
[(2) The 2[appropriate Government] may, by notification in the 3[Official Gazette] direct
that accidents other than those specified in subsection (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 sub-section (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 30th day of June and the 31st.
day of December in each year to the Chief Inspector.]
1
Sub-sections (2) and (3) were added, by Act V of 1935, s. 4.
2
Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.
3
Subs. by A. O., 1937, for “local official Gazette”.
Page 15 of 35
1
[20A. Notice of 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
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 a
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 be recoverable as an arrear of land revenue from the owner,
agent or manager of the mine in which the person contracted the disease.
(6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the
owner, agent or manager of the mine to shift for any specified period a person who has contracted an
occupational disease to such working place where there is less or no danger of aggravation of the
disease.]
21. Power of Government to appoint court of inquiry in cases of accidents. __ (1) When
any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has
occurred in or about any mine, the 2[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 powers of a Civil Court
under the Code of Civil Procedure, 1908 (V 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 (XLV of 1860).
1
New section 20A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 13.
2
Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.
Page 16 of 35
(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 1[appropriate
Government] stating the causes of the accident and its circumstances, and adding any observations
which he or any of the assessors may think fit to make.
22. Publications of reports.― The 1[appropriate Government] may cause any report
submitted by a committee under section 11 2[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
3
[22A. Weekly, day of rest.― No person shall be allowed to work in a mine on more than
six days in any one week.
22B. Hours of work above ground.⸻(1) A person employed above ground in a mine shall
not be allowed to work for more than 4[forty eight] hours in any week or for more than 5[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 6[ten and a half] hours, and that be shall not
work for more than 7[five] hours before he has bad an interval for rest of at least 8[half an] 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.
22C. Hours of work below ground.___(1) A person employed below ground in a mine shall
not be allowed to work for more than 9[eight] hours in any day.
(2) Work of the same kind shall not be carried on below ground is any mine for a period
spreading over than [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 8[eight] hours.
(3) No person employed in a mine shall be allowed to be in any part of the mine below ground
except during the periods of work shown in respect of him in the register kept under sub-section (1)
of section 28.
1
Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.
2
Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for “or”
3
Sections 22A to 22D were ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 6.
4
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 14, for “fifth four”.
5
Subs. ibid., for “ten”.
6
Subs. ibid., for “twelve”.
7
Subs. ibid., for “six”.
8
Subs. ibid., for “one”.
9
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 15. for “nine”.
Page 17 of 35
22D. 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
twenty-four hours beginning at the end of the period of work fixed for the relay, and hours be has
worked after midnight shall be counted towards the previous day.
1[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 bouts.]
223A. [Limitation of working hours.]― Repealed by the Indian mines [Amendment) Act,
1935 (S of 1935), s. 8.
3[23B. Notices regarding bouts of work.___(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
4
[relays] the time of the commencement and of the end of work for each 5[relay] 6[The notice shall
also state the time of the commencement and of the end of the intervals for rest fixed for persons
employed above ground] A copy of each such notice shall be sent to the 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 in 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 7[relay or in the rest intervals fixed for persons
employed above ground] an amended notice in the prescribed form shall be posted outside the office
of the mine not less than seven days before the change is made, and a copy of such notice shall be
sent to the Chief Inspector not less than seven days before such change 8[* * *].]
9
[(4) No person shall be allowed to work in a mine otherwise than in accordance with the
notice required by sub-section (1)]
10[23C. Employment of women.___(1) No woman shall be employed in any part of a mine
which is below ground.
(2) No woman shall be allowed to work in a mine above ground between the hours of 7 P.M.
and 6 A. M.
(3) The previsions of this section shall not apply to women who do to perform manual work
___
and are
(a) holding positions of managerial or technical character ; or
(b) employed in health and welfare services.]
1
Subs. by the Indian Mines (Amendment) Act. 1935 (V of 1935). s. 7 for the original section.
2
This section was ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 3.
3
Section 23B ins, ibid.
4
Subs. by Act, V of 1935, s. 9 for “shifts”.
5
Subs. ibid. for “shift”.
6
Ins. ibid.
7
Subs. by the Indian Mines (Amendment) Act, 1935 (V of 1935), s. 9 for “shifts”
8
The comma and the words “, if he so requires or if the original notice was sent to him” omitted, ibid.
9
Sub-section (4) ins, ibid.
10
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 16, for section 23C, which was previously amended by the Mines (Amdt.) Act,
1951 (XXIX of 1951), s. 2.
Page 18 of 35
1[24.Supervising staff.—Nothing in section 22B, section 22C, section 23, sub-section (4) of
section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons
holding responsible positions of managerial or technical character or employed in health and welfare
services or employed in any confidential capacity.]
25. Exemption from provisions regarding employment.—2[(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 3[section
22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] 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.
4
[(2) When as a result of grant of an exemption to any mine from the provisions of section
22A, 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, fine limit of hours of work provided in section 22B or section
22C may, with the prior approval of the Chief Inspector, be raised to not more than fifty-six 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 22A, section 22B or section 22C for a period not
exceeding ninety days in arty calendar year, within the maximum limits of___
(a) ten hours of work in 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 car complementary work
which must necessarily be carried on outside the mines or on work which is essentially intermittent].
5[25A. Extra stages for overtime.___(1) Where in a mine a person. works for more than eight
hours in any day or works for more than forty-night 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.
1
Subs. by Act XXIX of 1951, s. 3., for the original s. 24, as amended by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 10.
2
Re numbered as sub-section (I) of that section by Act XLV of 1973, s. 17.
3
Subs. by Act V of 1935, s. 11, for “section 23 or section 23A”.
4
Added by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 17.
5
Ins. ibid., s. 18.
Page 19 of 35
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.
1[26A.—Young persons not to be employed without certificates of fitness.— No person
who has not completed his seventeenth year shall be 2[employed to 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.]
3[26B. Limitation of working hours for young persons.—No person who his 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 purpose of receiving vocational training, in
such circumstances and in accordance with such conditions as may be prescribed 4[:]
1
Section 26A ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935) s. 12.
2
Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 2, for “allowed to be present in any part of a mine which is below ground”.
3
Section 26B ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 4.
4
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 19, for the full-stop.
Page 20 of 35
1
[Provided further that such person while so employed or permitted to work, 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 2[or 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
sub-section (1) shall, for the purposes of this act, be conclusive evidence as to the age of the person
to whom it relates.
3[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,___
4
(a) [name, date of birth and the nature] of his employment,
(b) the periods of work fixed for him,
(c) the intervals for 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 be
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 5[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. ]
6[CHAPTER VI-A]
LEAVE AND HOLIDAYS WITH WAGES
28A. 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 of coming into force of
the Mines (Amendment) Ordinance, 1973,
1
Proviso added ibid.
2
Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 13.
3
Subs. ibid., s. 14, for the original section 28.
4
Subs. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 5, for “the nature”.
5
Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”.
6
New Chapter VI-A ins by the Mines (Amdt.) Act, 1973 (XLV of 1973),s.20.
Page 21 of 35
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.
28B. 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 subsection (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 subsection 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 subsection (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 28E 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 layoff 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 muster rolls of his mine ;
or
(f) a strike which is not illegal or a lockout which is not legal.
Page 22 of 35
28C. 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.
28D. Casual 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.
28E. 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 lease with full wages, at the rate equal to the daily average of his
wages for the days on which be 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 this wages as aforesaid.
28F. Payment in advance in certain cases.—Any person who has been allowed leave for
not less than four days under section 28B shall, before his leave begins, be paid the wages due for the
period of the leave allowed.
28G. 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 appropriate Government to make regulations.—The 1[appropriate
Government] may, by notification in the 2[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 certificates of competency ;
1
Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937 for "Governor General in Council".
2
Subs. by A. O., 1937, for “Gazette of India”.
Page 23 of 35
(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 action under them
and for the suspension and cancellation of certificate of competency ;
1
(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 for prescribing the qualifications and the
duties to be performed by such officer;]
(i) for regulating, subject to the provisions of the Explosives Act, 1884 (IV of
1884), and of any rules made thereunder, the storage and use of explosives ;
1
[(ii) for regulating, subject to the provisions of 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 ;
1
[(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 persons 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 there into and exit therefrom, the number of shafts or outlets to be
furnished, and the fencing of shafts, pits, outlets, pathways and subsidences ;
2
[(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] ;
1
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.
2
Cl. (kk) ins. by the Indian Mines (Amdt.) Act, 1940, (XXIV of 1940), s. 4.
Page 24 of 35
(l) for providing for the safety of the roads and working places in mines,
including the siting and maintenance of pillars and the maintenance of
sufficient barriers between mine and mine ;
1
[(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 ;
(lll) 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 2[and regulating] the ventilation of mines and the action to be
taken, in respect of dust 3[ionising radiations, radioactive gases and dust, fire
and inflammable] and noxaious gases ;
(n) for providing for the care, and the regulation of the use, of all machinery,
4
[plant, equipment and material in mines];
1
[(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
locomotives underground; ]
5
[(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 ; ]
1
[(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;]
6
[(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 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 the time within which they are to be
submitted;
1
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.
2
Ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3.
3
Subs. by Act XLV of 1973, s. 21.
4
Subs. by Act XLV of 1973, s. 21, for “and plant and of all electrical apparatus used for signaling purposes.”
5
Subs. ibid., s. 21, for clause (o).
6
Subs. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3, for the original clause (p).
Page 25 of 35
1
[(qq) for prescribing the form of, the authorities to whom, and the time within
which, the notice required by sub-section (1) of section 20A 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
be 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 the Railways Act,
1890 (IX of 1980), or of any public work or classes of public works: which
the 1[appropriate Government] may, by general or special order, specify in this
behalf.
30. Power of appropriate Government to make rules.—The 2[appropriate Government]
may, [* * *] by notification in the 4[official Gazette], make 5rules consistent with this Act for all
3
or any of the following purposes, namely:⸻
(a) for providing for the appointment of chairman and members of Mining
Boards, and for regulating the procedure of such Boards;
6
[(aa) for prescribing the form of the register referred to in sub-section (2) of section
20;]
7
[(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 ;
8
[(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 ;]
1
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.
2
Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937, for "Local Government".
3
The words “subject to the control of the Governor General in Council” omitted by A.O., 1937.
4
Subs. ibid., for “local official Gazette”.
5
For the Consolidated Mines Rules, 1952, see Gaz. of P., 1952, Pt. I, pp. 175-180.
6
Cl. (aa) ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15.
7
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.
8
Cl. (bb) ins. by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 2.
Page 26 of 35
1
[(bbb) for requiring for 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 number of men and women ordinarily
employed in a mine, the number and standards of such places and rooms ;]
2
[(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, 2[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, 3[* * *], and the
training of men in ambulance work ;
4
[(cc) for prescribing the forms of notices required under section 23B, and for
requiring such notices to be posted also in specified vernaculars ;]
5
[(ccc) to fix seven consecutive hours between 7 p.m. and 7 a.m. for the purposes 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 26B ;]
(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
a 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 6[to have
completed their fifteenth year], and for prescribing the manner and the
circumstances in which such certificates may be granted and revoked ;
7
[(ee) for prescribing the form of the certificates of fitness required by section 26A
and the circumstances in which such certificates may be granted and revoked
;]
(f) for prescribing the form of 8[registers] required by section 28;
1
Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s . 2.
2
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.
3
The words “the formation and training of rescue brigades” omitted by the Indian Mines (Amendment) Act, 1936 (XI of 1938), s. 4.
4
Cl. (cc) ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 6.
5
Ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951),s. 6.
6
Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15, for “to be more than thirteen years of age”.
7
Cl. (ee) ins. ibid.
8
Subs. ibid., for “register”.
Page 27 of 35
1
[(ff) to fix the time rates for the persons employed on piece-rated and for requiring
the maintenance of payment registers 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 2[and of the regulations and rules] and the
vernacular in which the abstracts and 3[* * *] 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 4[Government] or any local authority or
railway company as defined in the Railways Act, 1890 (IX 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 the 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, provision for which is required in order to give effect to this Act.
5
[30A. Power of appropriate Government to require rescue stations to be
established.—The 6[appropriate Government] may, by notification in the 7[official Gazette], make
8
[rules] under this section-
9
[(a) requiring the establishment of central rescue stations for groups of 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 the 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 ;
1
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.
2
Ins. by the Repealing and Amending Act, 1925 (XXVII of 1925), s. 2 and Sch. I.
3
The words “the regulations, rules and” omitted, ibid.
4
Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).
5
Section 30-A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 5.
6
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937 for “Governor General in Council”.
7
Subs. by A.O., 1937, for “Gazette of India”.
8
Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 4, for “regulations”.
9
Subs. ibid., for the original clauses (a), (b), (c) and (d).
Page 28 of 35
(c) prescribing the position, equipment, control, maintenance and functions of
central rescue stations ;
(d) providing for the levy and collection of a duty of excise (at a rate not
exceeding 1[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. Prier publication of regulations and rules.⸻(1) The power to make regulations and
rules conferred by sections 29, 2[30 and 30A] 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 (X 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 3[* *] is published under this section it shall be
referred 4[* * *] to every Mining Board constituted in 5[Pakistan], 6[which is, in the opinion of the
7
[appropriate Government], concerned with the subject dealt with by the regulation] 8[* *]; and the
regulation 3[* *] shall not be so published until each such Board has had a reasonable opportunity of
reporting as to the expediency of making the same and as to the suitability of its provisions.
9
[(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board
constituted 10[in the part of 5[Pakistan] affected by the rule], and unless each Board has had a
reasonable opportunity of reporting 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 11[official Gazette] 12[* * *], and, on such
publication, shall have effect as if enacted in this Act.
1
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 23, for “six pies”
2
Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 5, for “and 30”.
3
The words “or rule” omitted by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 7.
4
The words “in the case of a regulation” omitted, ibid.
5
Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for
“the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”.
6
Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 16.
7
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”.
8
The words “and in the case of a rule to every Mining Board constituted in the province” omitted by Act XIII of 1928, s. 7.
9
Sub-section (3A) ins., ibid.
10
Subs. by A.O., 1937, for “in the province for which it is proposed to make the rule”.
11
Subs. by A.O., 1937, for “Gazette of India”.
12
The words “and the local official Gazette, respectively” were omitted, ibid.
Page 29 of 35
1
[(5) The provisions of sub-sections (1), (2) and (3A) shall not apply to the first occasion on
which rules referred to in clause (bb) 2[or clause (bbb) of section 30 are made.]
3
[31A. 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 4[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 inconsistent 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, or
(ii) propose such amendments in any draft submitted to him by the owner, agent
or manager as will, in his opinion, render it sufficient,
and shall send such draft bye-laws or 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, agent or manager under the
provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager, are
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 5[appropriate Government] may, be general or
special order, appoint in this behalf.
1
Added by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 3, as amended by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s. 3.
2
Ins. by Act II of 1946, s. 3.
3
Section 31A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 6.
4
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”.
5
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
Page 30 of 35
(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 1[appropriate
Government] for approval.
(b) The 1[appropriate Government] may make such modifications of the draft bye-laws as
it thinks fit.
(c) Before the 1[appropriate Government] approves the draft bye-laws, whether with or
without modifications, there shall be published, in such manner as the 1[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 1[appropriate Government].
(d) Every objection shall be in writing and shall state⸻
(i) the specific grounds of objection, and
(ii) the omissions, additions and modifications asked for,
(e) The 1[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 1[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 conspicuous place at or hear 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 1[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
1
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
Page 31 of 35
be punishable with imprisonment for a term which may extend to three months, or with fine which
may extend to 1[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 2[six] hundred rupees.
35. Falsification of records, etc.⸻ Whoever⸻
(a) counterfeits, or knowingly makes a false statement in, any certificates, or any
official copy of certificates, 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,
(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 3[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 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 fine which may extend to 4[four] hundred
rupees.
37. Contraventions 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 bye-law 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 5[one thousand] rupees.
38. Notice of accidents.⸻6[(1)] Wherever, in contravention of the provision 7[of sub-section
(1)] of section 20, fails to give notice of any accidental occurrence shall,
1
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “Five hundred”.
2
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “three”.
3
Subs. ibid., s. 25, for “five hundred”.
4
Subs. ibid., s. 26, for “two”.
5
Subs. ibid., s. 27, for “five hundred”.
6
Original section 38 re-numbered as sub-section (1) by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 17.
7
Ins. ibid.
Page 32 of 35
if the occurrence results in serious bodily injury be punishable will fine which may extend to 1[one
thousand] rupees or, if the occurrence results loss of, life, be punishable with imprisonment which
may extend to the months or with fine which may extend to 1[one thousand] rupees, or with both.
2
[(2) Whoever in contravention of a direction made by the 3[appropriate Government] under
sub-section (2) of section 20 fails to record in the presented register or to give notice of any
accidental occurrence shall be punishable with fine which may extend to 1[one thousand] rupees.]
39. Disobedience of orders.—Whoever contravenes any provisions of the 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 punish able with fine which may extend to 4[two] thousand
rupees, and, in the case of a continuing contravention, with a further fine which may extend to 4[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 5[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 6[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 7[one thousand] rupees or with both.
(2) Where a person having been convicted under this section is again convicted thereunder,
be shall be punishable with double the punishment provided by sub-section (1).
(3) Any Court imposing, 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 the 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.
8[40A. Special provision regarding fine.—Notwithstanding anything contained in section
32 of the Code of Criminal Procedure, 1898 (Act V 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 an offence thereunder.]
41. Prosecution of owner, agent or manager.—No prosecution shall be instituted, against
any owner, agent or 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.
1
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 28, for “five hundred”.
2
Sub-section (2) added, by Act V of 1935, s. 17.
3
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
4
Subs. by Act XLV of 1973, s. 29, for “one”.
5
Subs. ibid., for “two thousand”.
6
Subs. ibid., s. 30, for “one thousand”.
7
Subs. ibid., for “five hundred”.
8
Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 31.
Page 33 of 35
1[42. Limitation of promotion.— 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 beet, 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 2[* * *] Magistrate of tine 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 3[appropriate Government] with a view to such reference
being made.
(2) On receipt of a report under sub-section (1), the 3[appropriate Government] may refer the
case to a Mining Board or a Committee, or way 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 3[appropriate
Government] may decide the question, and a certificate signed by a Secretary of the 3[appropriate
Government shall be conclusive on the point.
46. Power to exempt from operation of Act.⸻(1) The 4[appropriate Government] may, by
5
notification in the 6[Official Gazette], exempt 7[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 be exempted from the
provisions of section 26 unless it is also exempted from the operation of all the other provisions of
this Act 8[:]
1
Subs. ibid., s. 32, for the original section 42.
2
The words “Presidency Magistrate or” omitted by A.O., 1949.
3
Subs. by A.O., 1964., Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
4
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in
Council”.
5
For Notifying Exempting the Attock Oil Co. Ltd., from the provisions of sub-section (2) of section 22B of this Act, see Gaz. of P., 1953,
Pt. I, p. 122.
6
Subs. by A.O., 1937, for “Gazette of India”.
7
Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 18.
8
Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3, for fullstop.
Page 34 of 35
1
[Provided further that no exemption from the operation of the provisions of section 23C
shall be granted unless, in case of an emergency, the national interest so requires and the employers’
and workers’ organisation have been consulted 2[:]
3
[Provided further that no exemption from the operation of the provisions of section 22B or
section 22C or section 25A shall be granted except in the event of war or other emergency
threatening the national safety.
4
[* * * * * * *]
5 6
47. Power to alter or rescind orders.—The [appropriate Government] [* * *] may reverse
or modify any order passed under this Act 7[* * *] .
48. Application of Act to Government mines.—This Act shall apply to mines belonging to
8
the [Government].
49. Saving.—No suit, prosecution or other legal proceeding whatever shall lie against any
person for anything which is in good faith done or intended to be done under this Act.
50. [Repeals] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule.
THE SCHEDULE. [ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1927 (XII of
1927), s. 2 and Schedule.
___________________
Dated: 05.04.24
1
Proviso added. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3.
2
Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33, for fullstop.
3
Proviso added. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33.
4
Sub-section (2) omitted by A.O., 1937.
5
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in
Council”.
6
The words “and every Local Government” omitted, by A.O., 1937.
7
The words “by any authority subject to his or its control, as the case may be” omitted, ibid.
8
Subs. by A.O., 1961, Art, 2., for “Crown” (with effect from 23rd March, 1956).
Page 35 of 35
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
LexForm advocates handle matters under Mines Act across Pakistan, the UK, the EU, and the US.