Lok Sabha Question No. 2224 (UNSTARRED), answered on 2018-12-24
Subject: Violation of Mines Safety Norms
Ministry: LABOUR AND EMPLOYMENT
Asked by: LAXMAN GILUWA

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2224 TO BE ANSWERED ON 24.12.2018

## VIOLATION OF MINES SAFETY NORMS

†2224. SHRI LAXMAN GILUWA:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a) whether the Directorate General of Mines Safety of the Ministry has issued  infringement  letter  regarding  violation  of  mines  safety norms;
- (b)  if  so,  the  details  thereof  along  with  the  number  of  infringement letters issued during the last three years;
- (c) the purpose of issuing these letters;
- (d)  the  difference  between  infringement  letter,  infringement  notices and infringement orders and the time-interval prescribed for issuing above letters;
- (e)  whether it is true that corrupt methods are reportedly adopted in issuing such letters; and
- (f) if so, the details thereof and the reaction of the Government thereto along  with  the  corrective  steps  taken  by  the  Government  in  this regard?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a) & (b): Directorate General of Mines Safety (DGMS) under Ministry of  Labour  &  Employment  has  issued  a  number  of  violation  letters regarding violation of mines safety norms. During the last three years, the following number of violation letters were issued:

|   Year | No. of violation letter issued   |
|--------|----------------------------------|
|   2015 | 7,006                            |
|   2016 | 6,768                            |
|   2017 | 4,883                            |

(c): Violation  letters  are  issued  by  Directorate  General  of Mines  Safety  to  point  out  the  violations  observed  of  the  Mines  Act, 1952  and  the  Rules  and  Regulations  framed  thereunder;  the  Indian Electricity  Act  and  the  Rules  and  Regulations  framed  thereunder, during the course of inspection/inquiry.

- (d):    (i)    Violation  letters  are  issued  for  the  contraventions  observed during the course of inspection. These letters are issued as soon as possible, after the inspection.
- (ii)  Notice  (referred  as  infringement  notice  in  the  question)  are issued under the provisions of sub section (1) of Section 22A of the Mines Act, 1952 which stipulates that:

'Where  in  respect  of  any  matter  relating  to  safety  for  which express provision is made by or under the Mines Act, 1952, the owner, agent or manager of the mine fails to comply with such writing requiring  the  same  to  be  complied within  such  time  as  he  may specify in the notice or within such extended period of time as he provisions, the Chief Inspector  may  give notice in may, from time to time, specify thereafter'.

No time interval has been prescribed for issue of the Notice issued under the provisions of sub section (1) of Section 22A

of the Mines Act, 1952.

- (iii) (1) Order (referred as infringement order in the question) under the  provisions  of  sub-section  (2)  of  Section  22A  of  the  Mines Act,1952  is  imposed  where  the  owner,  agent  or  manager  fails  to comply with the terms of the given Notice under sub section (1) of Section 22A of the Mines Act,1952.

Order is issued as soon as the Notice period is expired.

- (2) Order under sub- section (3) of Section 22 of the Mines Act,1952 is  issued  when  Chief  Inspector  or  Inspector  is  of  the  opinion  that there  is  urgent  and  immediate  danger  to  the  life  or  safety  of  any person employed in the mine or part thereof.
2. (e): No  such  information  has  come  to  the  notice  of  DGMS/ Government.
3. (f):
4. Does not arise in view of the reply to part (e) above.

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