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📘 Mines Act, 1952 – Chapter-wise Notes

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Chapter I – Preliminary

• Short Title & Extent: Called Mines Act, 1952, extends to the whole of India.
• Commencement: Enforced on dates notified by Central Govt (latest by 31 Dec 1953).
• Key Definitions:
• Adult: ≥18 years
• Agent: Person managing or supervising on behalf of owner.
• Chief Inspector / Inspector: Authorities appointed under the Act.
• Mine: Any excavation for minerals including shafts, boreholes, oil wells, etc.
• Owner: Includes lessee, occupier, contractor (responsible under Act).
• Employed in mine: Anyone working under manager/agent in operations, transport, office, or services.

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Chapter II – Inspectors and Certifying Surgeons

• Chief Inspector: Appointed by Central Govt; overall head.
• Inspectors: Subordinate to Chief Inspector.
• District Magistrate: Has limited inspector powers.
• Functions: Inspectors may inspect mines, enforce provisions, and issue notices.
• Certifying Surgeons: Appointed to examine fitness of workers, especially women and young persons.
• Conflict of Interest: Inspectors cannot have direct/indirect mining interests.

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Chapter III – Committees, Courts of Inquiry & Court of Exam

• Committees (Sec 12–15): Constituted by Central Govt to advise on safety, disputes, or prosecutions.
• Powers: Same as civil courts – can summon witnesses, demand documents.
• Expenses: Inquiry costs may be recovered from mine owners.

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Chapter IV – Mining Operations & Management of Mines

• Notice of Opening (Sec 16): Written notice to Chief Inspector, IBM Controller & District Magistrate before starting operations.
• Manager (Sec 17): Every mine must have one qualified manager; responsible for control & direction.
• Duties of Owner/Agent/Manager (Sec 18): Ensure compliance with Act, provide financial and safety measures.
• Responsibility: Owner/agent can’t bypass manager except in emergencies.

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Chapter V – Provisions Regarding Health & Safety

• Health Provisions:
• Drinking water arrangements.
• Conservancy (latrines/urinals, separate for men & women, hygienic).
• First-aid boxes & first-aid rooms (mandatory if >150 workers).
• Medical: Arrangements for transport of injured to hospitals.
• Powers of Inspectors: Can stop dangerous work if unsafe practices exist.

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Chapter VI – Provisions as to Employment

• Working Hours: Limits on daily/weekly hours.
• Prohibition of Child Labour: No person <18 years allowed underground.
• Women Employment:
• Prohibited underground.
• Aboveground allowed only between 6 AM – 7 PM.
• Must get 11 hours rest between shifts.
• Registers: Maintain register of persons employed with details (name, age, sex, shift, etc.).

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Chapter VII – Leave with Wages

• Eligibility: One day leave for every 20 days worked.
• Wages during Leave: Average daily earnings (excluding overtime, including DA).
• Payment: Leave wages must be paid in advance if ≥4 days leave.
• Unpaid Wages: Recoverable as delayed wages under Payment of Wages Act, 1936.

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Chapter VIII – Regulations, Rules & Bye-laws

• Central Govt Powers:
• Make Regulations (Sec 57): Safety, machinery, explosives, ventilation, etc.
• Make Rules (Sec 58): Qualifications, certificates, duties of officers.
• Bye-laws (Sec 61): Mine-specific rules (framed by owner, approved by Govt).
• Regulation Covers: Explosives, women employment, shafts, machinery, ventilation, electricity, dust/gas/fire, accidents.
• Publication: Regulations/rules must be published in Gazette.

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Chapter IX – Penalties & Procedure 【14†Sourcruction**: Obstructing Inspector = fine/imprisonment up to 3 months.

• Falsification of Records: Punishable up to 3 months imprisonment/fine.
• Penalties:
• Contravention of employment rules = imprisonment/fine.
• Employing <18 years underground = fine.
• Failure to appoint manager = fine up to ₹2500 + imprisonment.
• Failure to report accidents = fine.

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Chapter X – Miscellaneous

• Applicability: Act applies to Govt mines also.
• Exemptions: Central Govt can exempt any mine (with conditions).
• Protection of Actions: No legal action for acts done in good faith under Act.
• Repeal: Earlier Mines Act, 1923 repealed.

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