Tribh/MiningRegs huggingface dataset:
to be the manager provided that the owner or agent may appoint himself as manager
if he possesses the prescribed qualifications subject to any instruction given to him by or
on behalf of the owner or agent of the mine the manager shall be responsible
for the overall management control supervision and direction of the mine and all such instructions
when given by the owner or agent shall be confirmed in writing forthwith except in
case of an emergency the owner or agent of a mine or anyone on his
behalf shall not give otherwise than through the manager instructions affecting the fulfilment of his
statutory duties to a persons employed in a mine who is responsible to the manager
duties and responsibilities of owners agents and managers the owner and agent of every mine
shall each be responsible for making financial and other provisions and for taking such other
steps as may be necessary for compliance with the provisions of this act and the
regulations rules byelaws and orders made thereunder the responsibility in respect of matters provided for
in the rules made under clauses d e and p of section shall be exclusively
carried out by the owner and agent of the mine and by such person other
than the manager whom the owner or agent may appoint for securing compliance with the
aforesaid provisions if the carrying out of any instructions given under subsection or given otherwise
than through the manager under subsection of section results in the contravention of the provisions
of this act or of the regulations rules byelaws or orders made thereunder every person
giving such instructions shall also be liable for the contravention of the provision concerned subject
to the provisions of subsections and the owner agent and manager of every mine shall
each be responsible to see that all operations carried on in connection with the mine
are conducted in accordance with the provisions of this act and of the regulations rules
byelaws and orders made thereunder in the event of any contravention by any person whosoever
of any of the provisions of this act or of the regulations rules byelaws or
orders made thereunder except those which specifically require any person to do any act or
thing or prohibit any person from doing an act or thing besides the person who
contravenes each of the following persons shall also be deemed to be guilty of such
contravention unless he proves that he had used bue diligence to secure compliance with the
provisions and had taken reasonable means to prevent such contravention i the official or officials
appointed to perform duties of supervision in respect of the provisions contravened ii the manager
of the mine iii the owner and agent of the mine iv the person appointed
if any to carry out the responsibility under subsection provided that any of the persons
aforesaid may not be proceeded against if it appears on enquiry and investigation that he
is not prima facieliable it shall not be a defence in any proceedings brought against
the owner or agent of a mine under this section that the manager and other
official have been appointed in accordance with the provisions of this act or that a
person to carry the responsibility under subsection has been appointed chapter v provision as to
health and safety drinking water in every mine effective arrangement shall be made to provide
and maintain at suitable points conveniently situated a sufficient supply of coal and wholesome drinking
water for all persons employed therein provided that in case of persons employed below ground
the chief inspector may in lieu of drinking water being provided and maintained at suitable
points permit any other effective arrangements to be made for such supply all such points
shall be legibly marked drinking water in a language understood by a majority of the
persons employed in the mine and no such point shall be situated within six metres
of any washing place urinal or latrine unless a shorter distances is approved in writing
by the chief inspector in respect of all mines or any class or description of
mines the central government may make rules for securing compliance with the provisions of subsections
and and for the examination by prescribed authorities of the supply and distribution of drinking
water conservancy there shall be provided separately for males and females in every mine a
sufficient number of latrines and urinals of prescribed types so situated as to be convenient
and accessible to persons employed in the mine at all times all latrines and urinals
provided under subsection shall be adequately lighted ventilated and at all times maintained in a
clean and sanitary condition the central government may specify the number of latrines and urinals
to be provided in any mine in proportion to the number of males and females
employed in the mine and provide for such other matters in respect of sanitation in
mines including the obligations in this regard of persons employed in the mine as it
may consider necessary in the interests of the health of the persons employed medical appliance
in every mine there shall be provided and maintained so as to be readily accessible
during all working hours such number of firstaid boxes or cupboards equipped with such contents
as may be prescribed nothing except the prescribed contents shall be kept in a firstaid
box or cupboard or room every firstaid box or cupboard shall be kept in the
charge of a responsible person who is trained in such firstaid treatment as may be
prescribed and who shall always be readily available during the working hours of the mine
in every mine there shall be mades to as to be readily available such arrangements
as may be prescribed for the conveyance to hospitals or dispensaries of persons who while
employed in the mine suffer bodily injury or become ill in every mine wherein more
than one hundred and fifty persons are employed there shall be provided and maintained a
firstaid room of such size with such equipment and in the charge of such medical
and nursing staff as may be prescribed powers of inspectors when causes of danger not
expressly provided against exist or when employment of persons is dangerous if in respect of
any matter for which no express provision is made by or under this act it
appears to the chief inspector or an inspector that any mine or part thereof or
any matter thing or practice in or connected with the mine or with the control
supervision management or defective so as 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 respect of 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 and in
such manner as he may specify in the notice a where the owner agent or
manager of amine fails to comply with the terms of a notice given under subsection
within the period specified therein the chief inspector or the inspector as the case may
be may by order in writing prohibit the employment in or about the mine or
any part thereof any person whose employment is not in his opinion reasonably necessary for
securing compliance with the terms of the notice without prejudice to the provisions contained in
subsection the chief inspector or the inspector as the case may be by order in
writing addressed to the owner agent or manager of a mine prohibit the extraction or
reduction of pillars or blocks of minerals in any mine or part thereof if in
his opinion such operation is likely to cause the crushing of pillars or blocks of
minerals or the premature collapse of any part of the working or otherwise endanger the
mine or the life or safety of persons employed therein or if in his opinion
adequate provision against the outbreak of fire or flooding has not been made by providing
for the 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 fire or
flooding 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 or safety of any person employed in any mine
or part thereof he may by order in writing containing a statement of the grounds
of his opinion prohibit until he is satisfied that the danger is removed the employment
in or about the mine or any part thereof of any person whose employment is
not in his opinion reasonably necessary for the purpose of removing the danger a every
person whose employment is prohibited under subsection a of subsection shall be entitled to payment
of full wages for the period for which he would have been but for the
prohibition in employment and the owner agent or manager shall be liable for payment of
such full wages of that person provided that the owner agent or manager may instead
of paying such full provide such person with an alternative employment at the same wages
which such person was receiving in the employment which was prohibited where notice has been
given under subsection or an order made under sub section a subsection or subsection by
an inspector the owner agent or manager of the mine may within ten days after
the receipt of the notice or order as the case may be appeal against the
same to the chief inspector who may confirm modify or cancel the notice or order
the chief inspector or the inspector sending a notice under subsection or making an order
under subsection a subsection or subsection and the chief inspector making an order other than
an order of cancellation in appeal under sub section shall forthwith report the same to
the central government if the owner agent or manager of the mine objects to a
notice sent under sub section by the chief inspector or to an order made by
the chief inspector under sub section a or subsection or subsection or subsection he may
within twenty days after the receipt of the notice containing the requisition or of the
order or after the date of the decision on appeal as the case may be
send his objection in writing stating the grounds thereof to the central government which shall
ordinarily within a period of two months from the date of receipt of the objection
refer the same to a committee every notice under subsection or order under subsection a
subsection or subsection or subsection to which objection is made under subsection shall be complied
with pending the receipt at the mine of the decision of the committee provided that
the committee may on the application of the owner agent or manager suspend the operation
of a notice under subsection pending its decision on the objection nothing in this section
shall affect the powers of a magistrate under section of the code of criminal procedure
act v of a power to prohibit employment in certain cases where in respect of
any matter relating to safety for which express provision is made by or under this
act the owner agent or manager of mine fails to comply with such provisions the
chief inspector may give notice in writing requiring some to be complied with within such
time as he may specify in the notice or within such extended period of time
as he may from time to time specify thereafter where the owner agent or manager
fails to comply with the terms of a notice given under subsection within the period
specified in such notice or as the case may be within the extended period of
time specified under that subsection the chief inspector may by order in writing prohibit the
employment in or about the mine or any part thereof of any person whose employment
is not in his opinion reasonably necessary for securing compliance with the terms of the
notice every person whose employment is prohibited under subsection shall be entitled to payment of
full wages for the period for which he would have been but for the prohibition
in employment and the owner agent or manager shall be liable for payment of such
full wages of that person provided that the owner agent or manager may instead of
paying such full wages provide such person with an alternative employment at the same wages
which such person was receiving in the employment which was prohibited under subsection the provisions
of subsection and of section shall apply in relation to a notice issued under subsection
or an order made under subsection of this section as they apply in relation to
a notice under subsection or an order under subsection a of that section notice to
be given of accidents whenever there occurs in or about a mine a an accident
causing loss of life or serious bodily injury or b an explosion ignition spontaneous heating
outbreak of fire or irruption 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 e an overwinding of cages of other means of conveyance in any
shaft while persons or materials are being lowered or raised or f a premature collapse
of any part of the workings or g any other accident which may be prescribed
the owner agent or manager of the mine shall give notice of the occurrence to
such authority in such form and within such time as may be prescribed and he
shall simultaneously post one copy of the notice on a special noticeboard in the prescribed
manner at a place where it may be inspected by trade union officials and shall
ensure that the notice is kept on the board for not less than fourteen days
from the date of such posting a whenever there occurs in about a mine an
accident causing reportable injury to any person the owner agent or manager of the mine
shall enter in a register such occurrence in the prescribed form and copies of such
entries shall be furnished to the chief inspector once in quarter where a notice given
under subsection relates to an accident causing loss of life the authority shall make an
inquiry into the occurrence within two months of the receipt of the notice and if
the authority is not the inspector he shall cause the inspector to make an inquiry
within the said period the central government may by notification in the official gazette direct
that accidents other than those specified in subsections and a which cause bodily injury resulting
in the enforced absence from work of the person injured for a period exceeding twentyfour
hours shall be entered in a register in the prescribed form or shall be subject
to the provision of subsection or subsection a as the case may be a copy
of the entries in the register referred to in sub section shall be sent by
the owner agent or manager of the mine on or before the th day of
january in the year following that to which the entries relate to the chief inspector
whenever there occurs in or about a mine an accident causing loss of life or
serious bodily injury to any person the place of accident shall not be disturbed or
altered before the arrival or without the consent of the chief inspector or the inspector
to who notice of the accident is required to be given under subsection of section
unless such disturbances of alteration is necessary to prevent any further accident to remove bodies
of the deceases or to rescue any person from danger or unless discontinuance of work
at the place of accident would seriously impede the working of the mine provided that
where the chief inspector or the said inspector fails to inspect the place of accident
within seventytwo hours of the time of the accident work may be resumed at the
place of the accident power of government to appoint court of enquiry in cases of
accidents when any accident of the nature referred to in any of the clauses of
subsection of sections occurs in or about a mine the central government may if it
is of opinion that a formal inquiry into the causes of and circumstances attending the
accident ought to be held appoint a competent person to hold such inquiry and may
also appoint one or more persons possessing legal or special knowledge to act as assessor
or assessors in holding the inquiry the person appointed to hold such an inquiry shall
have all the powers of a civil court under the code of civil procedure act
v of for the purpose of enforcing the attendance of witnesses and compelling the production
of documents and material objects any 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 the person holding an
inquiry under this section shall make a report to the central 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 notice of certain diseases where any person employed
in a mine contacts any disease notified by the central government in the official gazette
as a disease connected with mining operations 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 if
any 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 suffereing from
any disease notified under subsection 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 where the report under subsection is confirmed to the satisfaction of the chief inspector
by the certificate of a certifying surgeon or otherwise that the person is suffering from
a disease notified under subsection 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 if any medical practitioner fails to comply with the provisions
of subsection he shall be punishable with fine which may extend to fifty rupees power
to direct investigation of causes of diseases the central government may if it considers it
expedient to do so appoint a competent person to inquire into and report it on
any case where a disease notified under subsection of section has been or suspected to
have been contracted in a mine and may also appoint one or more persons possessing
legal or special knowledge to act as assessors in such inquiry the provisions of subsection
and of section shall apply to an inquiry under this section in the same manner
as they apply to any inquiry under that section publication of reports the central government
may cause any report submitted by a committee under section or any report or extracts
from report submitted to it under section and shall cause every report submitted by a
court of inquiry under section to be published at such time and in such manner
as it may think fit chapter vi hours and limitation of employment weekly day of
rest no person shall be allowed to work in a mine for more than six
days in any one week compensatory days of rest where in pursuance of action under
section or as a result of exempting any mine or the persons employed therein is
from the provisions of section any person employed therein deprived of any of the weekly
days of rest for which provision is made in section he shall be allowed within
the month in which such days of rest was due to him or within the
two months immediately following that month compensatory days of rest equal in number to the
days of rest of which he has been deprived the central government may prescribe the
manner in which the days of rest for which provision is made in subsection shall
be allowed no adult employed above ground in a mine shall be required or allowed
to work for more than fortyeight hours in any week or for more than nine
hours in any day provided that subject to the previous approval of the chief inspector
the daily maximum hours specified to this subsection may exceed in order to facilitate the
change of shifts the periods or work of any such adult shall be so arranged
that along with his interval for rest they shall not in any day spread over
more than twelve hours and that he shall not work for more than five hours
continuously before he has had an interval for rest of at least half an hour
provided that the chief inspector may for reasons to be recorded in writing and subject
to such conditions as he may deem fit to impose permit the spread over to
extend over a period not exceeding fourteen hours in any day persons belonging to two
or more shifts shall not be allowed to do work of the same kind above
ground as the same time provided that for the purpose of this subsection persons shall
not be deemed to belong to separate shifts by reason only of the fact that
they receive their intervals for rest at different times hours of work below grounds no
person employed below ground in a mine shall be allowed to work for more than
fortyeight hours in any week or for more than eight hours in any day provided
that subject to the previous approval of the chief inspector the daily maximum hours specified
in this subsection may be exceeded in order to facilitate the change of shifts no
work shall be carried on below ground in any mine except by a system of
shifts so arranged that the period of work for each shifts is not spreadover more
than the daily maximum hours stipulated in subsection no person employed in a mine shall
be allowed to be present in any part of a mine below ground except during
the periods of work shown in respect of him in the register maintained under subsection
of section night shifts where a person employed in a mine works on a shift
which extends beyond midnight a for the purposes of sections and a weekly day of
rest shall mean in his case a period of twentyfour consecutive hours beginning when his
shift ends b the following day for him shall be deemed to be the period
of twenty four hours beginning when such shifts ends and the hours he khas worked
after midnight shall be counted in the previous day extra wages for overtime where in
a mine a person works above ground for more than nine hours in any day
or works below ground for more than eight hours in any day or works for
more than fortyeight 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 where any person employed in
a mine is paid on piece rate basis the timerate shall be taken as equivalent
to the daily average of his fulltime earning for the days on which he actually
worked during the week immediately preceeding the week in which overtime work has been done
exclusive of any overtime and such timerate shall be deemed to be the ordinary rate
of wages of such person provided that if such person has not worked in the
preceeding week on the same or identical job the time rate shall be based on
the average for the day he had worked in the same week excluding the overtime
or on the daily average of his earnings in any preceding week whichever is higher
explanation for the purpose of this section ordinary rate of wages shall have the same
meaning as in the explanation to subsection of section a the central government may prescribed
the register to be maintained in a mine for the purpose of securing compliance with
provisions of this section prohibition of employment of certain persons no person shall be required
or allowed to work in a mine if he has already been working in any
other mine within the preceding twelve hours limitation of daily hours of work including overtime
work save in respect of cases failing within clause a and clause e of section
no person employed in a mine shall be required or allowed to work in the
mine for more than ten hours in any day inclusive of overtime notices regarding hours
of work the manager of every mine shall cause to be posted outside the office
of the mine a notice in the prescribed form standing 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 relays the time of the commencement and of the end
of work for each relay in the case of a mine at which mining operations
commence after the commencement of this act the notice referred to in subsection shall be
posted not less than seven days before the commencement of work the notice referred to
in subsection shall also state the time of the commencement and of the intervals for
rest for persons employed above ground and a copy thereof shall be sent to the
chief inspector if he so requires 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 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 no person shall be allowed to work in a mine otherwise than
in accordance with the notice required by subsection supervising staff nothing in section section section
section or subsection of section shall apply to persons who may by rules be defined
to be persons holding positions of supervision or management or employed in a confidential capacity
exemption from provisions regarding employment in case of an emergency involving serious risk to the
safety of the mine or of persons employed therein or in case of an accident
where actual or apprehended of in case of any act of god or in case
of any urgent work to be done to machinery plant or equipment of the mine
as the result of breakdown of such machinery plant or equipment the manager may subject
to the provisions of section and section a and in accordance with the rules under
section permit persons to be employed in contravention of section section section section or subsection
of section work as may be necessary to protect the safety of the mine or
of the persons employed therein provided that in case of any urgent work to be
done to machinery plant or equipment under this section the manager may take the action
permitted by this section although the production of mineral would thereby be incidentally affected but
any action so taken shall not exceed the limits necessary for the purpose of avoiding
serious interference with the ordinary working of the mine every case in which action has
been taken by the manager under subsection shall be recorded together with the circumstances relating
thereto and a report thereof shall also be made to the chief inspector or the
inspector power to make exempting rules the central government may make rules providing for the
exemption to such extent in such circumstances and subject to such conditions as may be
specified from the provisions of sections or subsection of section a of all or any
of the persons employed in a mine where an emergency involving serious risk to the
safety of the mine or of the persons employed therein is apprehended b of all
or any of the persons so employed in case of an accident actual or apprehended
c of all or any of the persons engaged in work of a preparatory or
complementary nature which must necessarily be carried on for the purpose of avoiding serious interference
with the ordinary working of the mine d of all or any of the persons
engaged in urgent repairs and e of all or any of the persons employed in
any work which for technical reasons must be carried on continuously employment of persons below
eighteen years of age after the commencement of the mine amendment act no person below
eighteen years of age shall be allowed to work in any mine or part thereof
notwithstanding anything contained in subsection apprentices and other trainees not below sixteen years of age
may be allowed to work under proper supervision in a mine or part thereof by
the manager provided that in the case of trainees other than apprentices prior approval of
the chief inspector or an inspector shall be obtained before they are allowed to work
explanation in this section and in section apprentice means an apprentice as defined in clause
a of section of the apprentices act power to require medical examination where an inspector
is of opinion that any person employed in a mine otherwise than as apprentice or
other trainee is not an adult or that any person employed in a mine as
an apprentice or other trainee is either below sixteen years of age or is no
longer fit to work the inspector may serve on the manager of the mine a
notice requiring that such person shall be examined by a certifying surgeon and such person
shall be examined by a certifying surgeon and such person shall not if the inspector
so directs be employed or permitted to work in any mine until this has been
so examined and has been certified that he is an adult or if such person
is an apprentice or trainee that he is not below sixteen years of age and
is fit to work every certificate granted by a certifying surgeon on a reference under
subsection shall for the purpose of this act be conclusive evidence of the matters referred
therein prohibition of the presence of persons below eighteen years of age in a mine
subject to the provisions of subsection of section after such date as the central government
may by notification in the official gazette appoint in this behalf no person below eighteen
years of age shall be allowed to be present in any part of a mine
above ground where any operation connected with or incidental to any mining operation is being
carried on employment of women no woman shall notwithstanding anything contained in any other law
be employed a in any part of a mine which is belowground b in any
mine above ground except between the hours am and am every woman employed in a
mine above ground shall be allowed an interval of not less than eleven hours between
the termination of employment on any one day and the commencement of the next period
of employment notwithstanding anything contained in subsection the central government may by notification in the
official gazette very the hours of employment above ground of women in respect of any
mine or class or description of mine so however that no employment of any woman
between the hours am and am is permitted thereby disputes as to age rep by
the mine amendment act of s register of persons employed for every mine there shall
be kept in the prescribed form and place register of all persons employed in the
mine showing in respect of each such person a the name of the employee with
the name of his father or of her husband as the case may be and
such other particulars may be necessary for purpose of identification b the age and sex
of the employee c the nature of employment whether above ground or below ground and
if above ground whether in opencast working or otherwise and date of commencement thereof d
e such other particulars as may be prescribed and the relevant entries shall be authenticated
by the signature or the thumb impression of the person concerned the entries in the
register prescribed by subsection shall be such that workers working in accordance there with would
not be working in contravention of any of the provisions of this chapter no person
shall be employed in a mine until the particulars required by subsection have been recorded
in the register in respect of such person and no person shall be employed except
during the period of work shown in respect of him in register for every mine
other than a mine which for any special reason to be recorded is exempted by
the central government by general or special order there shall be kept in the prescribed
form and place separate registers showing in respect of each person employed in the mine
a below ground b above ground in opencast workings and c above ground in other
cases ithe name of the employees iithe class or kind of his employment iiiwhere work
is carried on by a system of relays the shift to which he belongs and
the hours of the shift the register of persons employed below ground referred to insub
section shall show at any moment the name of every person who is then present
below ground in the mine no person shall enter any opencast working or any working
below ground unless he has been permitted by the manager or is authorised under this
act or any other law to do so chapter vii leave with wages application of
chapter the provisions of this chapter shall not operate to the prejudice of any right
to which a person employed in a mine may be entitled under any other law
or under the terms of any award agreement or contract of service provided that if
such award agreement or contract of service provides for a longer annual leave with wages
than that provided in this chapter the quantum of leave which the person employed shall
be entitled to shall be in accordance with such award agreement or contract of service
but leave shall be regulated in accordance with the provisions of section to both inclusive
with respect of matters not provided for in such award agreement or contract of service
leave defined for the purposes of this chapter leave shall not include weekly days of
rest or holidays or festivals or other similar occasions whether occurring during or at either
end of the period calendar year defined for the purpose of this chapter a calendar
year shall mean the period of twelve months beginning with the first day of january
in any year annual leave wages every person employed in a mine who has completed
a calendar years service therein shall be allowed during the subsequent calendar year leave with
wages calculated a in the case of a person employed below ground at the rate
of one day for every fifteen days of work performed by him and b in
any other case at the rate of one day for every twenty days of work
performed by him a calendar years service referred to in subsection shall be deemed to
have completed a in the case of a person employed below ground in a mine
if he has during the calendar year put in not less than one hundred and
ninety attendances at the mine and b in the case of any other person if
he has during the calendar year put in not less than two hundred and forty
attendances at the mine explanation for the purpose of this subsection a any days of
layoff by agreement or contact or as per missible under the standing order b in
the case of a female employee maternity leave for any number of days not exceeding
twelve weeks and c the leave earned in the year prior to that in which
the leave is enjoyed shall be deemed to be the days on which the employee
has worked in mine for the purpose of computation of the attendances but he shall
not earn leave for these days a person whose service commences otherwise than on the
first day of january shall be entitled to leave with wages in the subsequent calendar
year at the rates specified in subsection if a in the case of a person
employed below ground in a mine he has put in attendances for not less than
one half of the total number of days during the remainder of the calendar year
and b in any other case he has put in attendances for not less than
twothirds of the total number of days during the remainder of the calendar year any
leave not taken by a person to which he is entitled in any one calendar
year under subsection or subsection shall be added to the leave to be allowed to
him under subsection during the succeeding calendar year provided that the total number of days
of leave which may be accumulated by any such person shall not at any one
time exceed thirty days in all provided further than any such person who has applied
for leave with wages but has not been given such leave in accordance with subsection
shall be entitled to carry forward the unavailed leave without any limit any such person
may apply in writing to the manager of the mine not less than fifteen days
before the day on which he wishes his leave to begin for all leave or
any portion thereof then allowable to him under subsection and provided that the number of
times in which leave may be taken during any one calendar year shall not exceed
three an application for such leave made in accordance with subsection shall not be refused
unless the authority empowered to grant the leave is of opinion that owing to the
exigencies of the situation the leave should be refused if a person employed in a
mine wants to avail himself of the leave with wages due to him to cover
a period of illness he shall be granted such leave even if the application for
leave is not made within the time specified in subsection if the employment of a
person employed in a mine is terminated by the owner agent or manager of the
mine before he has taken the entire leave to which he is entitled up to
the day of termination of his employment or if such person having applied for and
having not been granted such leave quits his employment before he has taken the leave
the owner agent or manager of the mine shall pay him the amount payable under
section in respect of the leave not taken and such payment shall be made where
the employment of the person is terminated by the owner agent or manager before the
expiry of the second working day after such termination and where a person himself quits
his employment on or before the next pay day the unavailed leave of a person
employed in mine shall not be taken into consideration in computing the period of any
notice required to be given before the termination of his employment where the person employed
in a mine is discharged or dismissed from service or quits his employment or is
superannuated or dies while in service he or his heirs or wages in lieu of
leave due to him calculated at the rate specified in subsection if a in the
case of a person employed below ground in a mine he has put in attendance
for not less than onehalf of the total number of days from the date of
his employment to the date of his discharge or dismissal or quitting of employment or
superannuation or death and b in any other case he has put in attendance for
not less than two thirds of the total number of days from the date of
his employment to the date of his discharge or dismissal or quitting of employment of
superannuation or death and payment of such wages shall be made by the owner agent
or manager of the mine at the rate specified in section where the person is
discharged or dismissed from service or quits employment or is superannuated before the expiry of
the second working day after such discharge dismissal quitting of employment or superannuation as the
case may be and where the person employed dies while in service within a period
of two months of his death explanation for the purpose of subsection and any fracatioin
of leave of half day or more half a day shall be omitted wages during
leave period for the leave allowed to a person employed in a mine under section
he shall be paid at a rate equal to the daily average of his total
fulltime earnings for the days on which he was employed during the month immediately preceeding
his leave exclusive of any overtime wages and bonus but inclusive of any dearness allowance
and compensation in cash including such compensation if any accruing through the free issue of
foodgrains and other articles as persons employed in the mine may for the time being
be entitled to provided that if no such average earning are available then the average
shall be computed on the basis of the daily average of the total full time
earnings of all persons similarly employed for the same months payment in advance in certain
cases any person employed in a mine who has been allowed leave for not less
than four days shall before his leave begins be paid the wages due for the
period of the leave allowed mode of recovery of unpaid wages any sum required to
be paid by the owner agent or manager of a mine under this chapter but
not paid by him shall be recoverable as delayed wages under the provisions of the
payment of wages act power to exempt mines where the central government is satisfied that
the leave rules applicable to persons employed in any mine provide benefits which in its
opinion are not less favourable than those provided for in this chapter it may by
order in writing and subject to such conditions as may be specified therein exempt the
mine from all or any of the provisions of the chapter chapter viii regulations rules
and byelaws power of central government to make regulations the central government may by notification
in the official gazette make regulations consistent with this act for all or any of
the following purposes namely a for prescribing the qualifications required 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 persons acting under them
and for prescribing the qualifications including age of agents and managers of mines and of
persons acting under them d for requiring facilities to be provided for enabling managers of
mines and other persons acting under them to efficiently discharge their duties e for regulating
the manager of ascertaining by examination or otherwise the qualification of managers of mines and
persons acting under them and the granting and renewal of certificates of competency f for
fixing the fees if any to be paid in respect of such examinations and of
the grant and renewal of such certificates g for determining the circumstances in which and
the conditions in respect 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 inquiries to be made
under this including any inquiry relating to misconduct or incompetence on the part of any
person holding a certificate under this act and for the suspension or cancellation of any
such certificate and for providing where ever necessary that the person appointed to hold an
inquiry shall have all the powers of a civil court under the code of civil
procedure v of for the purpose of enforcing the attendance of witnesses and compelling the
production of documents and material objects i for regulating subject to the provisions of the
indian explosives act iv of and of any rules made thereunder the strong conveyance and
use of explosive j for prohibiting restricting or regulating the employment of women in mines
or in any class of mines of on particular kind of labour which are attended
by danger to the life safety or health of such persons and for limiting the
weight of any single load that may be carried by any such person k for
providing for the safety of the persons employed in a mine their means of entrance
thereinto and exit therefrom the number of shafts or outlets to be furnished and the
fencing of shafts pits outlets pathway and subsidences l for prohibiting the employment in a
mine either as manager or in any other specified capacity of any person except persons
paid by the owner of the mine and directly answerable to the owner or manager
of the mine m for providing for the safety of the roads and working places
in mines including the sitting maintenance and extraction or reduction of pillars or blocks of
minerals and the maintenance of sufficient barriers between mine and mine n for the inspection
of workings and sealed off fireareas in a mine and for the restriction of workings
in the vicinity of the sea or any lake or river or any other body
of surface water whether natural or artificial or of any public road or building and
for requiring due precaution to be taken against the irruption or inrush of water or
other matter into outbreak of fire in or premature collapse of any workings o for
providing for the ventilation of mines and the action to be taken in respect of
dust fire and inflammable and noxious gases including precautions against spontaneous combustion under ground fire
and coal dust p for regulating subject to the provisions of the indian electricity act
x of and of any 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 and of all other machinery
and plant therein q for regulating the use of machinery in mines for providing for
the safety of persons employed on or near such machinery and on haulage roads and
for restricting the use of certain classes of locomotives underground r for providing for proper
lighting of mines and regulating the use of safety lamps therein and for the search
of persons entering a mine in which safety lamps are in use s for providing
against explosions or ignitions of inflammable gas or dust or irruption 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 the premature collapse of workings or to
result in or to aggravate collapse of workings or irruption of water or ignitions in
mines t for prescribing under clauseg of subsection of section the types of accidents and
for prescribing the notices of accidents and dangerous occurrences and the notices reports and returns
of mineral 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 u for requiring owners agents and managers of mines to have fixed boundaries for
the mine for prescribing the plans and sections and field notes connected therewith to be
kept by them and the manager and places in which such plans section and field
notes are to be kept for purposes of record for the submission of copies thereof
to the chief inspector and for requiring making of fresh surveys and plans by them
and in the event of non compliance for having the survey made and plans prepared
through and other agency and for the recovery of expenses thereof in the same manner
as an arrear of land revenue v for regulating the procedure on the occurrence of
accidents or accidental explosions or ignitions in or about mines for dealing effectively with the
situation w 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
x for prescribing the notice to be given by the owner agent or manager of
mining before mining operations are commenced at or extended to any point within fortyfive metres
of any railway subject to the provisions of the indian railways act ix of of
any public roads or other works as the case may be which are maintained by
the government or any local authority y for the protection from injury in respect of
any mine when the workings are discontinued property vested in the government or any local
authority or railway company as defined in the indian railways act yy for requiring protective
works to be constructed by the owner agent or manager or a mine before the
mine is closed and in the event of non compliance for getting such works executed
by any other agency and for recovering the expenses thereof from such owner in the
same manner as an arrear of land revenue z for providing for the appointment of
courts of inquiry under quarry incline shaft pit or outlet whether the same is being
worked or not or any dangerous or prohibited area subsidence haulage tramline or pathway where
such fencing is necessary for the protection of the public and zz any other matter
which has to be or may be prescribed power of central government to make rules
the central government may by notification in the official gazette make rule consistent with this
act for all or any of the following purposes namely a for providing the term
of office and other conditions of service of and the manner of filling vacancies among
the members of a committee and for regulating the procedure to be followed by a
committee for transacting its business b for prescribing the form of the register referred to
in subsection of section c for providing for the appointment of courts of inquiry under