MINING BUSINESS- REGULATORY COMPLIANCES

Laws affecting Mining Industry:

1. Environment (Protection) Act, 1986
2. Forest (Conversation) Act, 1980
3. Water (Prevention and Control of Pollution) Act 1974
4. Air (Prevention & Control of Pollution) Act 1981
5. Factories Act 1948
6. Industrial Disputes Act 1947
7. Workman's Compensation Act 1923
8. Mines Act 1952
9. Mines Rules 1955
10.Metalliferous Mines Regulations 1961
11.Maternity Benefit (Mines) Rules 1963
12.Mines (Rescue) Rules 1985
MINES ACT 1952
The Mines Act 1952:
1. Definition of Mines:
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-
i. all borings, bore holes, oil wells and accessory crude conditioning plants including the pipe conveying mineral oil
within the oilfields;

ii. all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not;

iii. all levels and inclined planes in the course of being driven;

iv. all open cast workings;

v. all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles
or for the removal of refuse therefrom;

vi. all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine;

vii. all protective works being carried out in or adjacent to a mine;

viii. all workshops and stores situated within the precincts of a mine and under the same management and used
primarily for the purposes connected with the mine or a number of mines under the same management;

ix. all power stations, transformer sub-stations, convertor stations, rectifier stations and accumulator, storage stations
for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same
management;

x. any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse
from a mine or in which any operations in connection with such sand, refuse or other material is being carried on,
being premises exclusively occupied by the owner of the mine;

xi. any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting dressing or
preparation for sale of minerals or of coke is being carried on;
2. Definition of Minerals:
means all substances which can be obtained from the earth by mining, digging, drilling,
dredging, hydraulicing quarrying or by any other operation.

3. Definition of “Open Cast Working”

means a quarry, that is to say, on excavation where any operation for the purpose of
searching for or obtaining minerals has been or is being carried on, not being a shaft or
an excavation which extends below super adjacent ground.
Different Authorities under the Mines Act:
Chief Inspector and Inspector: Central govt. may by notification in Official gazette appoint a person with
prescribed qualification to be Chief Inspector of Mines for all territories to which this Act extends &
subordinate to him, Inspectors of Mines.

The Inspectorate consists of following:-

i. Mining Inspectors
ii. Mechanical inspectors
iii. Electricity inspectors to enforce application of electricity act & Indian electricity rules
iv. Medical inspectors
v. Statistical wing- to compile various mining safety statistics
vi. Survey section
vii. Law section
viii. Examination section
Powers of Chief Inspector:
Any person in govt. service can be duly authorized in this behalf by special order in writing by Chief Inspector:

• for the purpose of surveying/ leveling/measuring any mine after giving at least 3 days notice to manager.

• to undertake safety & occupational health survey in a mine after giving notice in writing.

• for examination & testing of plant & machinery

• for collection of samples & other data pertaining to the survey

• for transportation & examination of any person employed in mine

• Chief Inspector/ Inspector/ Authorised officer can exercise their powers at any time of day/night after

giving notice in writing

Penalties & Procedures under the Mines Act 1952:
• In case of obstruction to the Chief Inspector/ inspector or any person authorised, in the discharge of his duties or

refuses or wilfully neglects to afford any reasonable facility for making any entry, inspection, examination or inquiry 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.

• In case of refusal to the Chief Inspector to produce 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 under the Mines Act 1952:
Whoever-

• counterfeits, or knowingly makes a false statement in any certificate, or any official copy of a certificate,

granted under this Act, or

• knowingly uses as true any such counterfeit or false certificate, or

• 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

• 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
• 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 a certificate of fitness granted to another person, or
• having been granted a certificate of fitness to himself and 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 required documents:
Any person who:

• without reasonable excuse, 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.
Employment of persons below 18 years of age:
In case of employment of any person aged below 18 years,

the owner/ agent/ manager of such mine shall be punishable with fine which may extend to five hundred

rupees.

Failure to appoint Manager:

In case of failure to appoint manager,

the owner of such mine shall be punishable with imprisonment for a term which may extend to three

months or with fine which extend to two thousand and five hundred rupees, or both.
Fails to give Notice of Accidents:
Whoever
• fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board
and to keep it there for the period of 14 days

• in contravention of a direction made by the Central Government fails 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 five hundred rupees, or with both
MINES RULES 1955
Important Rules:
Rule 42: First Aid Personnel

• First-aid stations as mentioned under rule 44 to be maintained, during every working

shift

• It should be in charge of a person holding qualifications as specified in rule 41.

• The persons in charge of first aid station should be readily available throughout the shift.

• Name and designation of every person appointed to be in charge of a first -aid station
shall be prominently displayed at every first-aid station.

• An up-to-date list of persons appointed to be in charge of first-aid stations shall also be

kept in the office of the mine.
Rule 43: First Aid Room

• At every mine employing more than 150 persons on any one day of the preceding
calendar year

• It shall be situated at a convenient place on the surface of the mine and shall be used
only for first-aid work

• It shall have a floor space of not less than 10 square mtrs and shall contain at least the
equipment specified in the Second Schedule

• In case of employment of more than 1000 persons, it shall be in charge of a full time
qualified medical practitioner.

• Medical practitioner shall be assisted by a nurse/compounder and a dresser

Rule 53: Register of Leave with wages

• A record of leave with wages in Form G and H, in respect of every employee shall be
maintained.

• It shall be preserved for a period of two years after the last entry in them has been
made.

• It shall not be destroyed even after the expiry of that period unless certified by an
Inspector that the leave account therein has been properly transferred to the new
registers.
Rule 54: Information regarding leave with wages

• Information regarding leave with wages due to each person employed (upto the 1st
January of that year) giving the particulars specified in Form L; shall be exhibited on the
notice board at the office of the mine, on or before the 20th day of February every year.

Rule 59: Overtime Register

• To be maintained in Form I.
Rule 62: Provision of Shelters
• Where more than 50 persons are ordinarily employed, an adequate and suitable shelters at or near
loading wharves, opencast workings, workshops and mine entrances shall be provided.

Rule 63: Standard of Shelters

• Shall have a floor area of not less than 14 square mtrs;

• in the case of flat roof a height of not less than 2.5 mtrs to the lowest part of the roof;

• where the roof is a sloping one, a height of not less than 1.8 mtrs to the lowest part of the roof and
of not less than 2.5 mtrs to the highest part of the roof

• Shall be so constructed as to afford effective protection form the weather

• Shall be constantly provided with adequate supply of cool and wholesome drinking water during the
working hours;

• Shall be kept in a clean and tidy condition

Rule 72: Welfare Officer

• Wherein 500 or more persons are ordinarily employed a suitably qualified person shall
be appointed as Welfare Officer,

and
• where the number of persons so employed in a mine exceeds 2500, such Welfare Officer
shall be assisted by one suitably qualified additional Welfare Officer for every additional
2000 persons or part thereof employed.
Rule 76: Registers of reportable and minor accidents

• The registers required by sub-section (1A) of section 23 of the Act shall be maintained in
Form J and a copy thereof shall be sent to the concerned Inspector of Mines.

• The register, as required by sub-section (3) of section 23 of the Act shall be maintained
in Form K.
Rule 77: Registers of employees

• The register required by sub-section (1) of section 48 shall be maintained in Form B,

keeping separate page for each person employed in the mine.

• The register, as required by sub-section (3) of section 23 of the Act shall be maintained
in Form K.

Rule 77A: Identity Token

• Every person employed in the mine shall be issued a metal token free of cost, bearing a
number and other particulars by which such person may be identified.
Rule 78: Registers of daily attendance

• The registers required by sub-section (4) of section 48 of persons employed in the mine

a) belowground,

b) in open-cast workings, and

c) aboveground

shall be maintained in Forms C,D and E respectively. .