Tribh/MiningRegs huggingface dataset:
section 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 including
any other expenses connected with the inquiry in the same manner as an area of
land revenue from the manager owner or agent of the mine concerned cc for providing
the inspection of mines to be carried out on behalf of the persons employed therein
by a technical expert not less than an overman in status the facilities therefore the
frequency at which and the manner in which such inspections are to be carried out
and the manner in which reports of such inspections are to be made d for
requiring the maintenance of the mines wherein any women employed or were employed on any
day of the preceding twelve months 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 employed in the mine
the number of standards of such rooms and the nature and extent of the amenities
to be provided and the supervision to be exercised therein e for requiring the maintenance
at or near pitheads of bathing places equipped with shower baths and of locker rooms
for the use of men employed in mines and of similar and separate places and
rooms for the use of women in mines where women are employed and for prescribing
either generally or with particular reference to the numbers of men and women ordinarily employed
in a mine the number and standards of such places and rooms f for prescribing
the standard of sanitation to be maintained and the scale of latrine and urinal accommodation
to be provided at mines the provision to be made for the supply of drinking
water ff for providing for the supply and maintenance of medical appliances and comforts and
for prescribing the contents and number of firstaid boxes and cupboards the training in firstaid
work the size and equipment of firstaid rooms and staff in charge thereof and the
arrangements for conveyance of injured persons to hospitals or dispensaries ffffor requiring the imparting of
practical instruction to or the training of persons employed or to be employed in mines
otherwise than in a position of such instruction and training g for prohibiting the possession
or consumption of intoxicating drinks or drugs in a mine and the entry or presence
therein of any person in a drunken state h for prescribing the form of notices
required under section and for requiring such notices to be posted also in specified languages
i for defining the person who shall for the purpose of section be deemed to
be persons holding positions of supervision of management employed in a confidential capacity j for
prohibiting the employment in mines of persons or any class of persons who have not
been certified by a qualified medical practitioner to have completed their fifteenth year and for
prescribing the manner and the circumstances in which such certificates may be granted and revoked
k kk for requiring persons employed or seeking employment at mines to submit themselves for
medical examination and for prohibiting on medical grounds the employment of any person at a
mine either absolutely or in a particular capacity or in particular work l for prescribing
the form of registers required by section and the maintenance and form or registers for
the purposes of chapter vii m for prescribing abstracts of this act and of the
regulations and rules and the language in which the abstracts and byelaws shall be posted
as required by section and n 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 o for requiring the provision
and maintenance in mines wherein more than fifty persons are ordinarily employed of adequate and
suitable shelters for taking food with provisions for drinking water p for requiring the provision
and maintenance in any mine specified in this behalf by the chief inspector or inspector
wherein more than two hundred and fifty persons are ordinarily employed of a canteen or
canteen for the use of such persons q for requiring the employment in every mine
wherein five hundred or more persons are ordinarily employed of such number of welfare officers
as may be specified and for prescribing the qualifications and the terms and conditions of
and the duties to be performed by such welfare officers r for requiring the establishment
of rescue stations for specified mines or groups of specified mines or for all mines
in a specified area and for prescribing how and by whom such stations shall be
established s for providing for the management of rescue stations safor providing for the standards
of physical fitness and other qualifications of the persons constituting rescue brigades sbprescribing the places
of residence of the persons constituting rescue brigades t for prescribing the position equipment control
maintenance and functions of rescue stations u for providing for the levy and collection of
a duty of exciseat a rate not exceeding twenty five paise per tonne on coke
and coal produced in and despatched from mines specified under clauser the creation of a
rescue stations fund for such mines the crediting to such fund of such sums of
money as the central government may after due appropriation made by parliament by law in
this behalf provide from out of the proceeds of such cess credited to the consolidated
fund of india the manner in which the money from such fund shall be utilised
and the administration of such fund v for providing for the formation training composition and
duties of rescue brigades and generally for the conduct of rescue work in mines vv
for providing for the constitution of safety committees for specified mine or groups of specified
mines or for all mines in a specified area for promoting safety and for laying
down the composition manner of formation and functions of such safety committees and w 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 prior publication of
regulations and rules the power to make regulations and rules conferred by section and is
subject to the condition of the regulations and rules being made after previous publication the
date to be specified in accordance with clause of section of the general clauses act
ix of 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 published for general information
no regulation or rule shall be made unless the draft thereof has been referred to
the committee constituted undersubsection of section and unless that committee has had a reasonable opportunity
of reporting as to the expediency of making the same and as to the suitability
of its provisions regulation and rules shall be published in the official gazette and on
such publication shall have effect as if enacted in this act the provisions of subsection
and shall not apply to the first occasion on which rules referred to in clause
d or clause e section are made power to make regulations without previous publications notwithstanding
anything contained in subsection and of section regulations under section may be made without previous
publication and without reference to the committee constituted under subsection of section of the central
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 regulation so
made shall be send to the said committee for information and shall not remain in
force for more than one year from the making thereof 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 byelaws not being inconsistent with this act or any regulations or rules for the
time being in force governing the use of any particular machinery or the such adoption
of a particular method of working the mine as 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 if any such owner agent or manager a falls to submit
within two months a draft of byelaws after being called upon to do so by
the chief inspector or inspector or b submits a draft of byelaws 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 byelaws as appear to him to be sufficient
or iipropose such amendment 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 or
byelaws or draft amendment to the owner agent or manager as the case may be
for consideration if within a period of two months from the date on which any
draft byelaws or draft amendments are sent by the chief inspector or inspector to the
owner agent or manager under the provisions of subsection the chief inspector or inspector and
the owner agent or manager are unable to agree as to the terms of the
byelaws to be made under subsection the chief inspector or inspector shall refer the draft
byelaws for settlement to the committee constituted under subsection of section awhen such draft byelaws
have been agreed to by the owner agent or manager and the chief inspector or
inspector or which they are unable to agree have been settled by the committee constituted
under subsection of section a copy of the draft byelaws shall be sent by the
chief inspector or inspector to the central government for approval bthe central government may make
such modification of the draft byelaws as it thinks fit cbefore the central government approves
the draft byelaws whether with or without modifications there shall be published in such manner
as the central government may think best adopted for informing the persons affected notice to
the proposal to make the byelaws and of the place where copies of the draft
byelaws may be obtained and of the time which shall not be less than thirty
days within which any objections with reference to the draft byelaws made by or on
behalf of persons affected should be sent in writing and shall state devery objection shall
be in writing and shall state i the specific grounds of objections and ii the
omissions additions or modifications asked for ethe central 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 byelaws either in the form in which they were published or
after making amendments thereto as it thinks fit the byelaws when so approved by the
central government shall have effect as if enacted in this act and the owner agent
or manager of the mine shall cause a copy of the byelaws in english and
in such other language or languages as may be prescribed to be posted up in
some conspicuous place at or near the mine where the bye laws may be conveniently
read or seen by the persons employed as often as the same become defaced obliterated
or destroyed shall cause them to be renewed with all reasonable despatch the central government
may order in writing rescind the whole or in part any bye laws so made
and thereupon such byelaws shall cease to have effect accordingly a laying of regulations rules
and byelaws before parliament every regulation made under section every rule made under section and
every byelaw made under section d shall be laid as soon as may be after
it is made before each house of parliament while it is in session for a
total period of thirty days which may be comprised in one session or in two
or more successive sessions and if before the expiry of the session aforesaid both houses
agree in making any modification in the regulation rule or byelaw should not be made
the regulation rule or byelaw shall thereafter have effect only in such modified form or
be of no effect as the case may be so however that any such modification
or amendment shall be without prejudice to the validity of anything previously done under that
regulation rule or byelaw as the case may be posting of abstracts from act regulations
etc there shall be kept posted up at or near every mine in english and
in such other language or languages as may be prescribed the prescribed abstracts of the
act and of the regulations and rules chapter ix penalties and kprocedure obstruction whoever obstructs
the chief inspector and inspector or any person authorised under section in the discharge of
his duties under this act refuses of wilfully neglects to afford the chief inspector inspector
or such person any reasonable facility for making any entry inspection examination or inquiry authorised
by or under this act in relation to any mine shall be punishable with imprisonment
of a term which may extend to three months or with fine which may extend
to five hundred rupees or both whoever refuses to produce on the demand of the
chief inspector or any registers or other documents kept in pursuance of this act or
prevents or attempts to prevent or does any thing 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 three hundred rupees falsification of records whoever a counterfoils or
knowingly makes a false statement in any certificate or any official copy of a certificate
granted under this act or b knowingly uses as true any such counterfeit or false
certificate or c makes or produces or uses any false declaration statement or evidence knowing
the same to be false for the purpose of obtaining for himself or for any
other person a certificate or the renewal of a certificate under this act or any
employment in a mine or d falsifies any plan section register or record the maintenance
of which is required by or under this act or produces before any authority such
false plan section register or record knowing the same to be false or e makes
gives or delivers any plan return notice record or report containing a statement entry or
detail which is not to the best of his knowledge or belief true shall be
punishable with imprisonment for a term which may extend to three months or with fine
which may extend to one thousand rupees or with both use of false certificates of
fitness whoever knowingly uses or attempts to use as a certificate of fitness granted to
himself under section a certificate granted to another person under that section or having been
granted a certificate of fitness to himself under that section knowingly allows it to be
used or allows an attempt to use it to be made by another person shall
be punishable with imprisonment for a term which may extend to one month or with
fine which may extend to two hundred rupees or with both omission to furnish plans
etc any person who without reasonable excuse the burden of providing which shall lie upon
him omits to make or furnish in the prescribed form or manner or at or
within the prescribed time any plan section 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 one thousand rupees contravention of provisions regarding employment of labour whoever save
as permitted by section contravenes any provision of this act or of any regulation rule
byelaw or of any order made thereunder prohibiting retricting or regulating the employment or presence
of persons in or about a mine shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to one thousand
rupees or with both penalty for employment of persons below eighteen years of age if
a person below eighteen years of age is employed in a mine in contravention of
section the owner agent or manager of such mine shall be kpunishable with fine which
may extend to five hundred rupees failure to appoint manager whoever in contravention of the
provisions of section fails to appoint a manager shall be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to two
thousand and five hundred rupees or both notice of accidents whoever in contravention of the
provision of subsection of section fails to give notice of any accidental occurrence or to
post a copy of the notice on the special notice board referred to in that
subsection and to keep in there for the period specified shall be punishable with imprisonment
for a term which may extend to three months or with fine which may extend
to five hundred rupee or with both whoever in contravention of a direction made by
the central government under sub section falls to record in the prescribed register to give
notice of any accidental occurrence shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to three months or with
fine which may extend to five hundred rupees or with both owner etc to report
to chief inspector in certain cases where the owner agent or manager of a mine
as the case may be has taken proceeding under this act against any person employed
in or about a mine in respect of an offence under this act he shall
within twentyone days from the date of the judgement or order of the court report
the result thereof to the chief inspector obligations of persons employed in a mine no
person employed in a mine shall a willfully interfere with or misuse any appliance convenience
of other thing provided in a mine for the purpose of securing the health safety
or welfare of the person employed therein b willfully and without reasonable cause do any
thing likely to endanger himself of others c willfully neglect to make us of any
appliance or other thing provided in the mine for the purpose of securing the health
or safety of the persons employed therein a special provision for contravention of certain regulations
whoever contravenes any provision of any regulations or of any byelaw or any order made
thereunder relating to matters specified in clauses dimnopr s and u of section shall be
punishable with imprisonment for a term which may extend to six months or with fine
which may extend to two thousand rupees or with both b special provision of contravention
of order under section whoever continues to work a mine in contravention of any order
issued under sub section a subsection or subsection of section or under subsection of section
shall be punishable with imprisonment for a term which may extend to two years and
shall also be liable to fine which may extend to two years and shall also
be liable to fine which may extend to five thousand rupees provided that in the
absence of special and adequate reasons to the country to be recorded in writing in
the judgement of the court such fine shall not be less than two thousand rupees
c special provision for contravention of law with dangerous results whoever contravenes any provision of
the act or of regulation rule or byelaw or of any order made under a
or subsection of section of section for under sub section of section a shall be
punishable a if such contravention results in loss of life with imprisonment which may extend
to two years or with fine which may extend to five thousand rupees or with
both or b if such contravention results in serious bodily injury with imprisonment which may
extend to one years or with fine which may extend to three thousand rupees or
with both or c if such contravention otherwise causes injury or danger to persons employed
in the mine or other persons in or about the mine with imprisonment which may
extend to three months or with fine which may extend to one thousand rupees or
with both provided that in the absence of special and adequate reasons to the contrary
to be recorded in writing in the judgement of the court such fine in the
case of a contravention referred to in clause a shall not be less than three
thousand rupees where a person having been convicted under this section is again convicted thereunder
shall be punishable with double the punishment provided by subsection any court imposing or confirming
in appeal revision or otherwise a sentence of fine passed under this section may when
passing judgement 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 of if an appeal has been presented before the decision of the
appeal general provision of disobedience of others whoever contravenes any provision of this act or
of any regulation rule or byelaws or of any order made thereunder for the contravention
of which no penalty is herein before provided shall be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to one
thousand rupees or with both enhanced penalty after previous conviction if any person who has
been convicted for an offence punishable under any of the foregoing provisions other than section
b and c is again convicted for an offence committed within two years of the
previous conviction and involving a contravention of the same provision he shall be punishable for
each subsequent conviction with double the punishment to which he would have been liable for
the first contravention of such provision 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 provided that the chief inspector or the district magistrate or the inspector as so
authorised shall before instituting such prosecution satisfy himself that the owner agent or manager had
failed to exercise all due diligence to prevent the commission of such offence provided further
that in respect of an offence committed in the course of the technical direction and
management of a mine the district magistrate shall not institute any prosecution against an owner
agent or manager without the approval of the chief inspector determination of owner in certain
cases where the owner of a mine is firm or other association of individuals all
or any of the partners or members thereof or where the owner of a mine
is a company all or any of the directors thereof where the owner of a
mine is a government or any local authority as the case may be to manage
the affair of the mine may be prosecuted and punished under this act for any
offence for which the owner of a mine is punishable provided that where a firm
association or company has given notice in writing to the chief inspector that it has
nominated a in the case of a firm any of its partners or managers b
in the case of an association any of its members or managers c in the
case of a company any of its directors or managers who is resident in each
case in any place to which this act extends and who is in each case
either in fact in charge of the management or holds the largest number of shares
in such firm association or company to assume the responsibility of the owner or the
mine for the purposes of this act such partner member director or manager as the
case may be shall so long as he continues to so reside and be in
charge or hold the largest number of shares as aforesaid be deemed to be the
owner of the purposes of this act unless a notice in writing canceling his nomination
or stating that he has ceased to be a partner member director or manager as
the case may be is received by the chief inspector explanation where firm association or
company has different establishment or branches or different units in any establishment or branch different
persons may be nominated under this proviso in relation to different establishment or branches or
units and the person so nominated shall with respect only to the establishment branch or
unit in relation to which he has been nominated deemed to be the owner of
the mine exemption of owner agent or manager in certain cases where the owner agent
or manager of a mine accused of an offence under this act alleges that another
person is the actual offender he shall be entitled upon complaint made by him in
this behalf and on his furnishing the known address of the actual offender and on
giving to the prosecutor not less than three clear days notice in writing of his
intention to do so to have that other persons brought before the court on the
date appointed for the hearing of the case and if after the commission of the
offence has been proved the owner agent or manager of the mine as the case
may be proves to the satisfaction of the court a that he has used due
diligence to enforce the execution of the relevant provisions of this act and b that
the owner person committed the offence in question without his knowledge consent or connivance the
said other person shall be convicted of the offence and shall be liable to the
like punishment as if he were the owner agent or manager of the mine and
the owner agent or manager as the case may be shall be acquitted provided that
a the owner agent or manager of the mine as the case may be may
be examined on oath and his evidence and that of any witness who he calls
in support shall be subject to cross examination by or on behalf of the person
he alleges as the actual offender and by the prosecutor b if inspite of due
diligence the person alleged as the actual offender cannot be brought before the court on
the date appointed for the hearing of the case the court shall adjourn from the
hearing thereof from time to time so however that the total period of such adjournments
does not exceed three months and if by the end of the said period the
person alleged as the actual offender cannot be brought before the court the court shall
proceed to hear the case against the owner agent or manager as the case may
be power of court to make orders where the owner agent or manager of mine
is convicted of an offence punishable under this act the court may in addition to
awarding him any punishment by order in writing require him within a period specified in
the order which may be extended by the court from time to time on application
made in this behalf to take such measures as may be so specified for remedying
the matters in respect of which the offence was committed where an order is made
under subsection the owner agent or manager of the mine as the case may be
shall not be the liable under this act in respect of the continuance of the
offence during the period or extended period if any but if on the expiry of
such period or extended period the order of the court has not been fully complied
with the owner agent or manager as the case may be shall be deemed to
have committed a further offence and shall be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to one hundred rupees
for every day after such expiry on which the order has not been complied with
or with both limitation of prosecutions 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 iia in any case in which the accused is or was
a public servant and previous sanction of the central government or of the state government
or of any other authority is necessary for taking cognizance of the offence under any
law for the time being in force within three months of the date on which
such sanction is received by the chief inspector or iii in any case where a
court of inquiry has been appointed by the central government under section within one year
after the date of the publication of the report referred to in subsection of that
section whichever is later explanation for the purposes of this section a in the case
of continuing offence the period of limitation shall be computed with reference to every point
of time during which the offence continues b where for the performance of any act
time has been extended under this act the period of limitation shall be computed from
the expiry of the extended period cognizance of offences no court inferior to that of
a metropolitan magistrate or judicial magistrate of the first class shall try any offence under
this act which is alleged to have been committed by any owner agent or manager
of a mine or any offence which is by this act made punishable with imprisonment
a reference to committee in lieu of prosecution in certain cases if the court trying
any case instituted at the instance of the chief inspector or 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 committee it may stay the
criminal proceedings and report the matter to the central government with a view to such
reference being made on receipt of a report under subsection the central government may refer
the case to a committee or may direct the court to proceed with the trial
chapter x miscellaneous decision of question whether a mine is under this act if any
question arises as to whether any excavation or working or premises in or adjacent to
and belonging to a mine on which any process arcillary to the getting dressing or
preparation for sale or minerals or of coke is being carried on in a mine
within the meaning of this act the central government may decide the question and a
certificate signed by a secretary to the central government shall be conclusive on the point
power to exempt from operation of act the central government may by notification in the
official gazette exempt 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 of the provisions of
this act or the regulations rules or byelaws provided that no local area or mine
or group or class of mines shall be exempted from the provisions of section and
unless it is also exempted from the operation of all the other provisions of this
act the central government may by general or special order and subject to such restrictions
as it may think fit to impose authorise the chief inspector or any other authority
to exempt subject to any specified conditions any mine or part thereof from the operation
of any of the provisions of the regulations rules or byelaws if the chief inspector
or such authority is of opinion that the conditions in any mine or part thereof
are such as to render compliance with such provision unnecessary or impracticable power to alter
on rescind any orders the central government may reverse or modify any order passed under
this act the chief inspector may for reasons to be recorded in writing reverse or
modify any order passed by him under this act or under any regulation rule or
byelaw no order prejudicial to the owner agent or manager of a mine shall be
made under this section unless such owner agent or manager has been given a reasonable
opportunity of making representation application of act to mines belonging to government this act shall
also apply to mines belonging to the government a persons required to give notice etc
legally bound to do so every person required to give any notice or to furnish
any information to any authority under this act shall be legally bound to do so
within the meaning of section of the indian penal code act of b signing of
returns notices etc all returns and notices required to be furnished or given or communications
sent by or on behalf of the owner of a mine in connection with the
provisions of this act or any regulation rule byelaw or any order made thereunder shall
be signed by the owner agent or manager of the mine or by any person
to whom power in this behalf has been delegated by the owner by a power
of attorney c no fee or charge to be realised for facilities and conveniences no
fee or charge shall be realised from any person employed in a mine in respect
of any protective arrangements or facilities to be provided or any equipment or appliances to
be supplied under the provisions of this act application of certain provision of act of
to mines the central government may by notification in the official gazette direct that the
provisions of chapter iii and iv of the factories act if shall specified in the
notification apply to all mines and the precincts thereof protection of action taken in good
faith 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
repeal of act of rep by the repealing and amending act of s and sch
transitory provision as from the date of constitution of the committee under subsection of section
of the principal act as amended by this act i any mining board constituted under
section of the principal act and functioning as such on the aforesaid date shall stand
dissolved ii the chairman and members of any such board who on the aforesaid date
are members of that mining board shall cease to hold office as such iii all
proceedings pending on the aforesaid date in any mining board shall stand transferred to the
said committee which shall deal with them as if they had been pending therein anything
done or any action taken before the aforesaid date by any mining board shall so
far as it is not inconsistent with any of the provisions of the principal act
as amended by this act be as valid and effective as if it had been
done or taken by the committee