 the mines (amendmenr) bill, 1983 (to be/as introduced in 10k sabha)1 page 4, line 13,-1:ql: "st~ te" ~ "slate" 2 page 6, line 4,-t:ql: "f1 gur e s " ~ "f1 gure n 3 page 6, line 25,-!ql: "date s " ~ "date" ••• 4 ,page 7, line 5,-nu: ''proisions'' ~ 5 page 10, line 3'i- nu: "injuries" ~ "injur;y:" ~,;,", 6 page 12, line 26,-!c1: "mime" ~ "mine" 7 page 13, in the marginal heading to clause 26,-fiu: "substi~ut1os" ~ ''bubst1 tut10n" 8 page 13, line 22,-!cl: "~ub-scetion" ~ "sub-section" 9 page 13,,11ne 41,-ru' "owner s " ~ "0 wner n 10 page 17, 11l the marginal heading to clause 44,-!cu: "om1lssion" ~ "omission" , 1 pa go 21, lina 5 from bot to°m,-atter "if"inser t "any" 12, page 36, line 1,-m ''person'' ~ ''persons'' :,;/ 13 page 37, in the marginal heading to section 19,-!cl: -," irinld s g" ~ "drinking" 14 page 37, in the marginal heading to section ~2,­after "employment" insert "of persons" 15 page?/3, - in the marginal heading to section 23,-m ''accident'' r~ "accident s" 16 pa ge 44, line 20,-!ql: "attemps ii ~ "at tempts" 17 page 44, line 37,-~ "work in" ~ "work" new dellii; may 9, 'm3 vaisakha 19, 1~~ (~ka) - •  i bill no 72 of 1983 the mines (amendment) bill, 1983 a bill further to amend the mines act, 1952be it enacted by parliament in the thirty-fourth year of ·the r~public of indin as follows:-1 (1) this act may be called the mines (amendment) act, 1983 short title and (2) it shall come into force on such date as the central government com_ '5 may, by notification in the official gazette, appoint mencement 15011952 2' in the mines' act, 1952 (hereinafter referred to '8s the principal amend-act), in section 2, in sub-section (1),-mentol section 2-(i) clause (a) shall be omitted; 10 (ii) for clause (c), the following clause shall be substituted, namely:-'(c) "agent", when used in relation to a mine, means every person, wbether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof;'; (iii) for clause (e), the following clause shall be 'substituted, namely:-- (e) "committee" means a committee section 12;'; constituted under  (iv) for clause (h), the following clause shall be substituted, namely:-'(h) a person is jlaid to be "employed" in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the 5 manager, whether for wage:; or not-(i) in any mining operation (including the concomitant operations of handling and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine); i () (ii) in operations or services relating to the development of the mine including construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations; 15 (iii) in 'operating, servicing, maintaining or repairing any part of any machinery used in or about the mine (it,) in operations, within the premises of the mine, of loading for despatch of minerals; (v) in any office of the mine; 20 ·(t'i) in any welfare, jtealth, sanitary or conservancy services required to be provided under this act, or watch and ward, within the premi$es of the mine excluding residential area; or (vii) in any kind of work whatsoever which is prepara- 115 tory or incidental to, or connected with mining operations;'; (v) clause (ii) shall be omitted; (vi) for clause (j), the following clause shall be substituted, namely:-'(j) "mine-" means anyexc8vation where any operation for 80 the purpose of searcbing for or obtaining minerals bas beejl or is being carried on and includes-(i) all borings, bore holes, 'oilnlls and aec_ory ftildii conditioning plants, including the pipe conveying mineral oil within the oilfields;' 35 (ii) all shafts, in or adjacent to and beloagillg 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 cbst worldnss; 40 (v) all conveyors or aerial ropeways prov1cled far the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrojd; (vi) all adits, levels, planes, machinery, works, rallwaya, tramways and shitftgs in or adjacent to and beloj1ging to - 45 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 far the purpoaes oonnected with that mine or a number of mines under the same management; 10 (ix) all power stations, transformer sub-stations can vertor stations rectifier stations and accumulator storage srations 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 tor use in a mine or for depositing refuse from a mine or in whjch any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the own~ of the mine; 20 (ri) any premises in or adjacent to and beknging 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;'; (vii) clause (j;j) shall be omitted; (t'iii) in clause (l) ,-(a) the words "and in the case of a mine owned by a 25 company, the business whereof is beini carried on by a managing agent, such managing agent" shall be omitted; (b) for the words "any contractor", the words "any contractor or sub-lessee" shall be substituted; (ix) for clause (n), the following clause shall be substituted 30 namely:-102 of 1966 '(n) "qualified medical practitioner" means a medical practitioner who possesses any -recognised medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956 and who is enrolled on a state medical register as defined in clause or) of that section:'; 35 (x) after cl~u'se (p) the following clause shall be inserted namely:-- (pp) "reportable injury" means any injury other than a serious bodily injury which involves, or in all probability will 40 involve, the enforced absence of the injured person from work for a period of seventy-two hours or more;'; (1-1) for clauses (q) and (r) the following clauses shall b~ substituted, namely:-'(q) "serious bodily injury" means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any par~ or sectien of a body, or the perman~nt loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or ol1e or more joints or, bones of any phalanges of hand or foot; -   (r)  'week" means a period of seven days beginning at mid~ night on saturday night or such other night as may be approved 5 in writing (or a partic'ular area by the chief inspector or an inspector' 3 in section 3 of the principal act, in sub-section (1) ,-amendmento! section 8 (a) in the o~ning portion, for the words and figures ",sections 7, 8, 9, 44, 45 and 46", the words and figures "sections 7, 8, 9, 40, 45 10 and 46" shall be substituted;  (b) in clause (b)~ (i) after the words "building stone,", the word "state," shall be inserted; (ii) after the words "fullers earth", the words ,e, marl, 15 chalk" shall be 'inserted amendmentol section 5 4 in section 5 of the principal act, in the proviso to sub-section (3), for the word and figures "section 22", the words, figures and letter "section 22 or section 22a" shall be substituted 5 in section 7 of the principal act, in sub-section (2) ,-20 amendmentof section 7 (a) for the words and figures "code of criminal procedure, 5 of 1898 1898", the words and figures "cocte of criminal procedure, 1973" 2 of 1974 shall be substituted; (b) for the word and fifes "section 98", the word and figures "section 94" shall be substituted 25  6 in section 8 of the principal act,-amendment of section 8 (a) after the words "levelling or measuring any mine", the words "or any output therefrom" shall be inserted; (b) after the words "level or measure the mine or any part the~of", the words "or any output therefrom" shall be inserted 30 7 after section 9 of the principal act, the following section shall be inser~ed, namely:-inser_ tion 01 new section 9a facili_ ties to be provid_ edfor occupa_ tional h~alth survey "9a (1) the chief inspector or an inspector or other officer authorised by him in writing in this behalf may, at any time during the normal working ho~rs of the mine or at any time by day or 35 night as may be necessary, undertake safety and occupational health survey in a ,mine after giving notice in writing to the manager of the mine; and the owner, agent or manager of the mine shall afford all necessary facilities (including ~cilities for the examination and testing of plant and machinery, for the collection of samples and 40 other data pertaining to the survey and for the t~ans~ol't and examination of any person ~mployed in the mine chosen for the survey) to such inspector or officer (2) every person employed in a mine who is chosen for exa-5 min~tion in any safety and occupational health survey under subsection (1) shall present himself for such examination and at such place as may be necessary and shall furnish all information regarding his work and health in coimection with the said survey 10 (3) the time spent by any person employed in a mine who is chosen for examination in the safety and occupational health survey, shall be counted towards his working time, so however that any overtime shall be paid at the ordinary rate of wages 20 explanation-for the purposes of this sub-section, "ordinary rate of wages" means the basic wages plus any dearness allowance and underground nliowance and l:ompensation in cash including such compensation, if any, accruing through the free issue of foodgrains and edible oils as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus (other than a bonus given as incentive for production) or any compensation accruing through the provision of amenities such as free housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kero'sene oil, baskets, tools and uniforms (4) any person who, on examination under sub-section (2), is found medically unfit to discharge the duty which he was discharging in a mine immediately before such presentation shall be entitled to undergo medical treatment at the cost of the owner, agent and manager with full wages during the period of such treatment 30 (5) if, after the medical treatment, the person referred to in sub-section (4) is declared medically unfit to discharge the d'ilty which he was discharging in a mine immediately before presenting himself for the said examination and such unfitness is directly ascribable to his employment in the mine before such presentation, the owner, agent and manager shall provide such person with an alternative employment in the mine for which he is medically fit: 35 provided that where no such alternative employment is imme-diately available, 'such person shall be paid by the owner, agent and manager disability allowance determined in accordance with the rates prescribed in this behalf: provided further that where ::;uch person decides to leave his employment in the mine, he shall be paid by the owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this 1?ehalf (6) the rates under the provisos to 'sl~b-section (5) shall be determined having regard to the monthly wages of the employees, the nature of disabilities and other related factors", 8 in section 10 of the principal act,-amend_ mentot section 10 j (a) in sub-section (1), after the word "inspection", the words "or survey" ana after the word and figure "section 8", the worcts, figures and letter "or section 9a" shall be inserted; (b) in sub-section (2) ,-5 (i) for clause (b)', the following clause shall be substituted, namely:-"(bi) a committee or court of inquiry constituted or appointed under section 12 or section 24, a':) the case may be;"; 10 (ii) for clause (e), the following clauses shall be substituted, namely:-"(e) the controller, indian bureau of mines; (f) any registered or recognised trade union; (g) such other officer, authority or organisation as may 15 be specified in this behalf by the central government" 9 in section 11 of the principal act, in 'sub-section (4), clause (a) and sub-clause (ii) of clause (e) shall be omitted amendmentor section 11 10 for the heading "minij'i'g boarijs and commlttees", 'occurring immediately before section 12 of' the principal act, and for sections 12, 20 13 and 14 of the principal act, the following heading and sections shall be substituted, illmely:-substi_ tution ot new sections for sections 12,13 and 14  "commj'm'eescommittees 12 (1) the cen'tral govemment shau, with effect from such dates iis'that government may, by notification in the ofreial gazette, 25 specuy in this behalf, constitute lor the purposes of this act, a committee consisting of-(a) a person in the service of the government, not heinl the chief inspector or an inspector, appointed by the central government to act as chairman; (,b) the chief inspector of mines; (c) two penons to represent the interests of miners appoint ed by the central government; (id) two persons to represent 'the interests of owners of min appointed by the central government; j5 (e) two qualified mining engineers not direclly employed in the mining industry, appointed by the ce~tral government: provided that one at least of the persons bijpointed under clause (e) shall be for representing the interests of workers in coal'mines and one at least of the persons appointed under clause (d) shall be 10 for representing t~ ir'terests of owners of coal mines 5 (2) without prejudice to the generality of sub-sedion' (l), the central government may constitute one or more committees to deal with specific matters relating to any part of the territories to which 'tbis act extends or to a mine or a group of mines and may appoint members thereof and the proisions of sub-section (1) (except the proviso thereto) shall apply for the constitution of any committee under 'this sub-section as they apply for the constitution of a committee under that sub-section 10 (3) no act or proceeding of a committee shall be invalid by ·reason only of the existence of any vacancy among its members or 8by defect in 'the constitution thereof 13 (1) the committee constituted under sub-section (1) of section 12 shall-functions of the committee (a) consider proposals for making rules 'and :regulations under this act and make appropriat~ recommendations to the central government; (b) enquire into such accidents or other matters as may be referred to it by the central government from time to time and make reports thereon; and 20 (c) subject to the provisions of sub-section (2), hear and decide such appeals or objections against notices or orders under this act or the regulations, rules or bye-laws thereunder, as are required to be referred to it by this act or as may be prescribed (2) the chief inspector shall not take part in the proceedings of the committee with respect to any appeal or objection against an order or notice made or issued by him or act in relation to any matter pertaining to such appeal or objection as a member of the committee powers, etc, of the com mitten 14 (1) a committee constituted under section 12 may exercise such of the powers of an inspector under this act as it thinks' necessary or expedient to elcercise for the purposes of discharging its functions under this act 35 lofl908 (2) a committee constituted under section 12 shal1, for the purpose's of discharging its functions, have the same powers as are vested in a court under the code of civil procedure, 1908 when trying a suit in respect of the following matters, namely;-(a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents; and (d) such other matters as may be prescribed" 11 in section 15 of the principal act, for the words and figures "a amend-miniag board constituted under 'section 12 or by a committee appointed ment of ubdersection 13", the words and figures "8 committee constituted under section 15 45 section 12" shall be substituted , amend-12 in section 16 of the principal act, in sub-section (1), for the word ment of "director", the word "controller" shall be substituted section 16 substi-13 for sections 17 and 18 of the principal act, the following sections tution of shall be substituted, namely:-new sections tor sections 17 and 18 managers 10 i "17 (1) save as may be otherwise prescribed, every mine shall 5 be under a sole manager who shall have the prescribed qualifications and the owner or &gent of every mine shall appoint a person having such qualifications to be the manager: provided that the owner or agent may appoint himoeelf as manager if he possesses the prescribed qualifications (2) subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for th~ 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 (3) 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 person, employed in a mine, who is responsible to the m'3j1ager 20 18 (1) 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, bye-laws 'and orders made thereunder duties and responsibilities otowners agents and managers !25 (2) the responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 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 30 (3) if the carrying out of any instructions given under sub-'section (2) or given otherwise than through the manager under ·subsection (3) of section 17, results in the contravention of the provisions of this act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such instructions shall also be liable 35 for the contravention of the provisions concerned (4) subject to the provisions of sub-sections (1), (2) and (3) the owner, agent and man'ager 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 40 and of the regulations, rules, bye-laws and orders made thereunder (5) 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 ordars made thereunder except those which specifically require any 'person to do any act or thing or prohibit any person 45 from doing an act or thing,besides the person who contravenes each of the following persons 'shall also be ck-edled to be guilty of such contravention unless he proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention:-5 (i) the official or officials appointed to perform duties of supervision in respect of the provtsions contravened; - (ii) the manager of the mine; '(iii) the owner and agent of the mine; 10 (iv) the person appointed if any, to carry out the respollsibility under sub-section (2): provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investtgation, tlfat he is not prima facie liable  is  (6) it shall not be 'a defence in any proceedings brought again'st the owner or ~gent of a mine under this section that the manager and other ofjlcials have been appointed in accordance with the provisions of this act or that a person to carry the responsibility under su~section (2) has been appointed" words "twenty feet" the word's "six metres" shall be substituted 20 14 in section 19 of the principal act, in sul>-section (2), for the amend mentof section 19 15 in section 22 of the principal act,-amendmentot «a) in s'ub-section (3), for thl! words "until the danger is section removed", the words "until he is satisfied that the danger is removed" 22 shall be substituted; (b) after sub-section (3), the following sub-section shall be mserted, namely:-"(3a) every person whose employment is prohibited under sub-section (la) or sub-section (3) 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 sue" full wagf:s of that person: 35 provided that the owner agent or mana~r 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"; '(e) in sub-section (6) for the words "which shall refer", the words "which shall, ordinarily within a period of two months from the date ot receipt of the objection, refer" shan be substituted; ---(d) in sub-section (7), in the proviso, for the word "requisition", the word "notice" shall be substituted, 18 after section 22 of the princlpal act, the following section shall be inserted, namely:~ aec:uail 2iza power to prohi ·bitem  pld7ment idcertafa euel "22a (1) where in respect 'of any matter relating to safety tor which express provision is made by or under this act, the owner, agent or manager of a mine fails to cdmply with such provisions, the chief inspector may give notice in writing requiring the same to be complied with within such time as he may specify in thp, notice or within such ex~nded period of time 'as he may from time to time, speclfy thereafter (2) where the owner, a~t or mana~er fails to comply with 10 the terms of a notice given under sub-section (1) within the period specified in such notice or, as the case may be, within the extended period of ·time specified under that 'sub-sertion, the chief inspector may, by order in writinl{,prohibtt the employment in or about the mine or any 'part thereof of any '!)prson vlho~ employment is not, j 5 in his ol)inion reasonably neress'8ry fo, spcurinrr f'(lm~liance with the terms of the notice (3) everv person who~ emplovment is nrohihited unlfur subsection (2), shall be entitled to payment of fulol wartes for the period for which he would have been, but for the ptohihition in emplov- 20 ment, 'and the owner, a~t or mana~er \'!lhall b" liable for payment of such fun wa~es of that person = provided thrt the owner arent 0" manae'er may, instea!') of pavincr such full wa~es llt'ov1ife!l;l1ch nerson with an ahprnatfve emdlovment at thp l't'trne wa~ whf~b ~u~h netson wa~ rec'p'ving tn 25 the erhl)loyment whiclt'v~s pnhibited under sub-section (2) (4) the provi'sions of sub-sections (!;) (6) and (7) of section 22 shall ildd1v in rehtion to a not1c'!e issu~d under s~lb-semion· (1) or 'an order mltde under s1jh-~rtion (2\ of this se<-tion ae; they 8l)dlv in relatioll ~o a notice uurjer sub-section (1) or an ortier under sub- 30 section (1a) of that section",  1'7 in section 23 of the principal act,-cal after suljlsection (1): th~ "'(lllowing sub·section shall be inserted, namely:~ "(1a) whenever there occurs jn or about a mine an i'lf'(!irtf'nt 35 causlncr reoortable iniuries to anv person the owner, aaent or mana~ of the mine shall enter in b refth;ter such occurrence in the prescribed form rnd col'ies of such entrie~ shnll be furnished to the chief !np;pector once ~n 3 quarter"; (b) for sub-section ·(3) th!" following sub-section shall be 40 substituted, namely:-'i (3) the central government rna,·, by notification in the omefal gazette, di~~t thpi; a~trtente; t'jther than those specifled in suh-sections '(1) and (la) whim cause bodily injury resulting in the enforced absence from work of the person injured bjr a period exceeding twenty-four hours shall be entered in a regiatar' in the prescribed form or shall be subject to the provisions of sub-section (1) or sub-section (1a), as the case may be" 5 (c) after sub-section (4), the following sub-section shall be inserted, namely:-10 15 "(5) 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 conbel1t of the chief inspector or the inspector to whom notice of the accident is required to be given under sub-section (1) of sedion 23, unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the wo~king of the mine: provided that where the chief inspector or the said inspector fails to inspect the place of accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident" !20 18 in section 27 of the principal act, for the word and figures "section amelld-13", the word and figures "section 12" shall be substituted manto! nctlon2'1 19 in section 33 of the principal act, for sub-sections (2) and (3), the following sub-section shaji be substituted, namely:-amend mentof ~ 33 30 - (2) where any person employed in a mine is paid on piecerate basis, the time-rate shail be taken as equlvajent to the c1aijy average of his full-time earnings for the days on wnich he actually worked during the week immediately precedmg the week in wbich overtime work has been done, excjusive of any overtime, and such time-rate shall be deemed to be the ordmary rate of wages of such person: 35 provided that if such pel'son bas not worked in the preceding week on the same or identlcal job, the time-rate shail be b,ect on the average for the days he has worked in the same week excjucuni the overtime or on the daily average of his earrungs 111 any ~l'ececldg week, whichever is hlgher expzanation-for the purposes of this section, "ordinary rate of wages" shall have the same meaning as in the explanation to subsection (3) of sectioll 9a' 40 20 in section 38 of the principal act, in sub-section (1), after the words and figures "subject to the provisions of section 22", the words, figures and letter "and section 22a" ~hall be inserted amend mentof section 18 amendmentol ecitodat 21 in section 39 of the principal act, in the opening portion, for the words "save in respect of adolescents, the central government", the 45 words "the central government" shall be substituted 22 for section ~o of the principal act, the following section shall be substituted, namely:-substi tution of new  section for section 40 '40 (1) after the commencement of the mines (amendment) act, 1983, no person below eighteen years of age shall be allowed to work in any mine or part thereof 5 employ mentol persons below eighteen years of a,e (2) notwithstanding anything contained in sub-section (1), 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, 10 prior approval of the chief inspector or an inspector shall be obtained before they are allowed to work  \ expzan4tion-in this section and in section 43, "apprentice" means an apprentice as defined in clause (a) of section 2 of the apprentices act, 1961' 23 sections 41 and 42 of the principal act shall be omitted omission of' sections 411 and 42 24 for section 43 of the principal act, the followin~ section' shall be substituted, namely:-substi tutionof new section for section 43 power tole quire medical ezamination "43 (1) where an inspector is of op1ll10n that any person employed in a mine otherwise than a's an apprentice or other trainee 10 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 certi1ying surgeon and such person shall not, if the inspector so 15 directs, be employed or pennitted to work in any mime until he has been so examin~d and has been certified that he is an adult or, if lach person is an apprentice or trainee, that he is not below sixteen years of age and is fit to work (2) every certificate granted by a certifying surgeon on a so reference unck!r 'sub-section (1), shall, for the purpose of' this act, be conclusive evidence of the matters referred therein" 25 section 44 of the principal act shall be omitted omiasiod of sl!!ction , 44 ~ 26 for section 45 of the principal act, the following section shall be substisubstituted, namely:- tutios ot ~ew section tor section 45 5 "45 subject to the provisions of sulhection (2) of section 40, 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 conllected with or incidental to any mining operation is being earnlon" prohibitionot the presence of persons below eighteen years otage in amine 21 in section 48 of the principal act, in sub-section (1), clause (d) 10 shall be omitted amend mentol section 48 28 in section 49 of the principal act, for the proviso, the following amendproviso shall be substituted, namely:-mentof section "provided that if such award, agreement or contract of sej;vice, 49 provides for a longer annual ieoave with wages than that provided in this chapter, the quantum of leave, which the person employed shall be entiued to, shall be in accordance with such award, agreement or contract of service, but leave shall be regulated in accordance with the provisions of sections 50 to 56 (both inclusive) with respect to matters not provided for in such award, agreement or contract of service" 20 2b in section 52 of the principal act~-(a) in sub-scetioll (1), in clause (a), for the words "sixteen days", amendthe words "flfteen days" sbail be sabstltuted; id8dt of aecuoa (b) after trdmectiod (9) and before the e:pi4mticm, the fouew-52 id&' mb-sectioll shall be buiertiec\ name1y:--0"(10) where a person employed in a mine is discharged or djsmissed from service or quits ids employment or is superannuated or cues while in service, he or his heirs or his nominee, as the case may be, shall be entitled to wages in hea of leave due to him calc:ulated at the rate specified in sub-section (1), if,-30 (a) in the case of a person employed below ii'olpld in a mine, he has putjn attendance tor not less than ode-half 01 the total dumber of days from the date of his employment to the date of his di&eharge or dismissal or quitting of employment or superannuation or death; and 35  •• (b) in lilly other case, he has put in attendance for dot less tbad two-thirds of the tow number of days from the date of his employment to the date of his discharge or dls-mai or qulttjng of employment or supemnnuatlon or death, and payment of such wages shall be made by the o\vder&, agent or mauager of the mine at the rate specl8ed in aeetlod 53,  where the person is di8charpd or dimaied fnim -vice , qults employment or is sliper&iul-ted, before the a;pirj 01 the  c1 working ilay after such discjiari'e, di  l, qalttiq' of employment or superannuation, as the ease may be, rdc1 where the persoll employed dies while in service, within a period of two 5 modths of his death"; (c) in the explanation, for the words, brackets add &pre "sub  sections (1) and (3)", the words, brackets and ftgares "salt-eeetions (1), (3) add (10)" shall be substituted 30 in section 57 of the principal act,-~ , (a) in clause (j), the wordj "adolescents and" shall be omitted; amendmentof ncuon 57 (b) in clause (q), for the words "for providing for the safety of persons present on haulage roads", the words "for regulating the use of machijlery in mines, for providing for the safety of periods emp]qy  ed on or near such machinery and on haulage roads" shall be 15 substituted~ (c) in clause (11), for the words "for prescribing the plans, and sections and field notes connected therewith, to be kept by owners, agents and managers of mines", the words "for requiring owners, agents and managers of mines to have fixted boundaries for the mines, 20 for prescribing the plans and sections and field notes connected t~­with to be kept by them" shall be substituted; (d) in clause (v), the words "for dealing effectively with the situatior" shall be inserted at the end; ';"'y (e) in clause (x), for the words "fifty yards", the words "forty- sl5 five metres" shall be substituted 31 in section 58 of the principal act,-r (a) for clause (a), the following cle\l$e sball be substituted, namely:-"(a), for providing the term of oftloe and other conditions 30  of service of, and the manner of ftlling vac8j1ciea iidodg, the members of a committee and for regulating the prooeciure to be followed by a commitooe for transacting its businetls;"; (b) in clause (c), after th~ words "connected with the enquiry", the words "in the same manner as an arrear of land revenue" shall 35 be inserted; i (c) after clause (c), the following clause shall be inserted, namely:-i i, (cc) for providing for inspection of mines to be carried out on behalf of the persons employed therein by a technical expert 40 (not less than an overman in status), the faci1itiea tberefor, the freq1iency at which and the manner in which such inspections are to be carned out and the manner in whi~h reports of such inspections are to be made;"; (d) clause (k) shall be omitted; (e) in clause (u), for the words "six pies per t~n" the words "twenty-five paise per tonne" shall be substftllted; ,  (f) in clause (v), the word "and" occurring at the end shall be odutted and after clause (v) as so amended, the following clause 5 shall be inserted, namely:-c/ (vv) for providing for the constitution of safety committees for groups of specified mines or for all mine's in a specified area for promoting safety and for laying down the composition, manner of formation and functions of such 'safety committees, 10 and;" 32 in section 59 of the principal act,-(a) for sub-section (4), the following sub-section shall be substituted, namely:-amendmentol section 39 "(4) no regulation or rule ':'lhaj1 be made unless the draft thereof has been referred to the committee constituted under sub-section (1) of section 12 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"; (b) sub~ection (7)· shall be omitted 20 33 in section 60 of the principal act,-amendmentol section 60 (a) for the words "mining boards", the words "the committee constituted under sub-section (1) of section 12" shall be substituted; (b) in the proviso, after the words "so made", the words "shall be sent to the said committee for information and" shan be inserted 25 34 in section 61 of the principal act,-amendmentot section 61 so (a) in sub-section (1), for the words "for the control and guidance of the persons acting in the management of, or employed in, the mine" the words "governing the use of any particular machinery or the adoption of a particular method of working in the mine" shall be substituted; 35 (b) in sub-section (,~) for the word~ "minin'! bosm'l 0''' where there is no minine' bonra, to !;uch officer or :mthoritv r~ the central government mav by !teneral or special order appoint in thi~ behalf", the words "committee constituted under sub-section (1) of s~tion 12" shall be !'lubstituted; (c) in sub-section (4), in clause (a) for the words "mining board or such officer or authority as aforesaid", the words "committee constituted under suh-~ction (1) of section 12" shall bf! substituted 40 35 after section 61 of the principal act, the following section shrll be inserted, namely:-l insertion of new section 61a 45 laying otregulations, rules andb:ye_ laws before ~arlia­ment "61a every regulatidn made under section 57, every rule made under section 58 and every bye:"law made under section 61 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 befor~ the· cxplr~, of the session immcdiatply foilowing the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, rule or byelaw or both houses agree that the regulation~ rule or bye-law should not be made, the regulation, rule or bye-law shall thereafter have effect only in such modified form or be of no effect, as the ca,e may ~j so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under 5 that regulation, rule or bye-law, as the case may be" 36 in section 65 of the principal act, for the word and figures ··section 40", the word and figures "section 43" shall be substituted amendmentof seetion65 37 for section 68 of the principal act, the following section shall be substituted, namely:-10 substitution of new section for section 68 "68 if a person below eighteen years of age is emp10yed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be punisbable with fin:? which may extend to five hundred rupees" penalty for employment ol persons below eighteen yuraof age  38 in section 72b of the principal act,-amendmental section 728 :: (4) after the word and figures "section 22", the words, brackets, figures and letter "or under sub-section (2) of section 22a" shall be inserted; (b) the following proviso shall be inserted at the end, namely:-''provided that in the absence of special and adequate reasons 20 to the contrary to be recorded in writing in the judgment of the court, such fine shall 110t be less than two thousand rupees"   amendmentol section 72c 39 in section 72c of the principal act  in sub-section (1),-(a) after the word ~nd figures "section 22", the words, brackets, fi'gures and letter "or under sub-section (2) of section 22a" slmll be 25 inserted; (b) the following proviso shall be inserted at the end, namely:-"provided that in the absence of special and adequate reasods to the contrary to be recorded in writing in the judgment of the court, such fine, in the case of a contravention referred to in 30 clause (a), shall not be less than three thousand rupees" amend-!dento!: section 75 40 in section 75 of the principal act in the proviso, for the words "provided that", the words "provided further that" 'sh'8ll be substituted, and before the pro\iso as so amended the following proviso shall be inserted, namely:-"provided that the chief inspector or the district magistrue- or the inspector as so authorised shau, 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" 41 in sectiqn 76 of the principal act, for the proviso, the following proviso 'shall be substituted, namely:-amend; mentol section 76 "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; 5 (b) in the case of an association, any of its members or managers; ((') ~n the case of a company any of it:; direc;tors or ma;na gers, , - ~ ~ ,j 10 'j 15 who is resident, in each case in any place to which this act extends and who is in each case either in factin charge of the management of, or holds the largest number at shares in such firm, association or company, to as'sume the responsibility of the dwner of the mine for the purposes of this act, such partner, member, director or manager, as the case may be, shall, so long as he continups to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the mine for the purposes of 'this act unless  a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member, director or manager, as th~ cal:i'e inay be, is received by the chief inspector 20 expzanation-where a fu'm, association or company has different establishments or branches or di1ferent units in any establishment or branch, different persons may be nominated under this proviso in relation to different elitablishments or branches 01' units and the person so nominated shall, with respect only to the establishment, branch or unit ill relation t~ which he has been nominated, be deemed to be the owner of the mine" 42 in section 79 of the principal act,-amend mental section 79 (a) after clause (ii) , the ,following clause shall be inserted, namely:-, (iia) in any case in which the accused is or was a public servant and previous sanction of the central government or of 35 th~ 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"; (b) in claus) (iit), for the words "six months"~ the words coone year" shall be substituted 43 in section 80 of the principal act, for the words ~ill'resideney amend 40 magistrate or magistrate of the fir~t class", the: words "metro,polltan ment of magistrate or judicial magistrate of the first class' shall be substituted sectjon so 44 section boa of the principal t\ct shall be omitted omilssion of sec ucm:aoa, 45 in section 81 of the principal act, in sub-sections (1) and (2), the words "a mining board or" shall be omitted amend mentor ~ section 81 46 in section 83 of the principal act,-(a) in sub-section (1),-, amend ,mentol section 8s (i) for the words "all or any of the provisio~ of this act", 5 the words "all or any of the provisions of this act or the rep lations, rules or bye-laws" shall be substituted; (ii) ih the proviso, for the word and, figures "section 45", tile words and figures "sections 40 and 45" shall be substituted; (b) in sub-section (2), for the wor-ds "regulations or fules under 10 this act", the words "regulations, rules or bye-laws" shall be substituted 47 section 84 ot the principal act shall be re-numbered as subsection (1) of that section and after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely:-15 " amend mentof section 84 , (2) the chief inspector may, for reasons to be recordedin writing, reverse or modify any order passed by him under this act or under any regulation, rule or b~-law   (3) no order prejudicial to the owner, agent or manager of a mine shaube made under this section unless such owner, agent or flo manager has been given a reasonable opportunity of making representation" '  ---  48 after section asa of the principal act, the following sections shall be inserted, namely:-• " insertion olnew sections 85b and 86c signing of  returns, notices, etc __ "ssb all roturns and notices required to be furnished or given or communications sent by or on behalf of the owner of a mine in 125 connection with the provisions of this act or any regulation, rule, bye-law or ·any order made thereunder shall be siined by the owner, agent or manager of the mine or by any person to whom power iii this behalf has been delegated by the owner by a power of attomey 30 8oc no fee or eharce shall be realised from any person employed in a mine in respect of any protective lu'i'iuli'ements or facwu_ to be provided, or any equipment or applladces to 1m' iuppued udder the provisiods y' this act" ~ 49 (1) as from the date of constitution of the committee under sub 35· section ,(i) of section 12 of the principal act as amended by this act-nofea or charge ,to be realised for facilities and - convenien ees transi tory pro_ vision (i) any mining ,board constituted under section 12 of the principal act and functioning as such on the aforesaid date shall stan'd , dis/iolvedi  (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; 5 (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 (2) anything done or any action taken before the aforesaid date by  any mining board sh'au, so far a's it is not inconsistent with any of the provisions of the principal act as amended by this act, be as valid and 10 ejfective as 1£ it had been d()ne or taken by the committee  statement of objects and reasonsthe mines act, 1952 seeks to regulate the working conditions in mines by providing for measures to be taken for the safety of the workers employed therein and certain amenities for tlunn in the light of the working of the act, certain modifications of the provisions of the act have become pecessary they' mainly relate to (1) the removal of certain practical difficulties experienced in its enforcement; (2) provision for additional safety regulations; (3) closer association of workers with safety measures; (4) provision for a minimum penalty in case of gross negligence or recklessness; and (50) increase in the levy of the cess' for the admiqlstra,tion of central' rescue stations 2 the notes on clauses appended to the bill explain the provisiods thereof veerendra patil new delhi; the 5th may, 1983 ", t' • ,  president's recommendation under article 117 of the constitution of india(copy of letter no 5-29012!2 i 82-mi, dated the 6th may, 1983 from shri veerendra patil, minister of labour and reha~i1itation to the secretary, lok sabha] the president,' having been informed of the subject matter of the proposed bill further to amend the mines act, 1952, has in pursu'8llce of clau£es (1) and (3) of article 117 of the constitution· of india, r~om­mnded to lok sabha the introd'lction and consideration of the bdl· clause 2;;thls, cl~pse seeks mainly' to amend the definition of the e~p:es'slo~s ~gent', "a person employed in a mine", "mine" and llserious bodily injury to make them more comprehensive the present definition of "serious bodily injury" covers two, distinct types of injuries, ie, those that are reported" because of thp time involved in recovery and others which cau~ injury to any particular limb, etc invariably injuries of the former type are reported only after statutory period of absence (20 d~ys) is exceeded, whereas those m the latter type are reported forthwtth therefore, a distinction has necessarily to \ be made between the two types of injuries which are at present cow!red under the definition of "serious bodily injury" it is, therefore, proposed to amend the definition of "serious bodily injury" and introduce a new definition of "reportable injury" to cove~ injuries which result in forced absence for a period of 72 hours or more the other amendments in this clause are verhal -and conseque'ntial clause 3-sub-clau,~c (a) -the amendment proposed in this subclause is consequential to the substitution of section 40 with a new section and omi!':sion of section 44 under clauses 22 and ~5 suh-clause (0) -this ruh-clall~e seeks to brinp,' any mine enga~d in the extraction of "slate", "marl" and "ch-alk" in the category of mines exempted from cprt:1in  provisions of the mines act as there are at present a lar~e number of mines producing 'state, marl and chalk, most of which nre smnll nnd shallow and worked irregularly clmu:(! 4,-the amendment proposed in this clause is consequential to the' in~ertjon of ii new section 22a as proposed in clause 16 clmlse 5,-the amendment proposed in this clause has become necessary in view of the coming into force of the code of crimin-a1 procedure, 1973 (2 of 1974) clatl,~e 6-this c1ml~(> stlekc; to pnl11r~e the powers of the special officer und('t' s('('tion r of the mines act so as to enable him to measure also any output in a mine clausp 7,-this c1n\15/' seeks to insert a nf'w section 9a with n view to emnow('t' the minf!~ insnertorate' to undertake safetv and occupational health rurvf'v in minec;, this provision is baseci on the recommendation made at the 16th session of the indian dabour conference in this behalf the time sf\f'nt bv anv nerson ('hoc;en for e'xnminntion jn such safety and occ"p~tiomll health sl1rvey 511::111 he col1ntl"d towards his workinrr time, so howe,-er that imv overtim~ l'iha11 he pniti at tpe orrlinarv rntp of wn(!v's it also c1rrif11"'il thp different item!l th:lt ~hould be inclllded in the "orc:1inarv rat!:' of wages" for calculation of extra wll~p!\ fn- ovl'rtimp h sltch person is found medlcall"unfit on sl1c~ sl'ntey, hf> shl'll1 hf> f'nhtl"ti to medi~l trentmf>nt at the coc;t of th  owner, "'r:s:ent or mana o'pf with full wa~ durin~ the oeriod of such tre'ltment if ~fte~ <;llch trp'3tment he" is dec'lar~d unfit to dischar!!p th~ dutv which he wa'~ dlscharrlnrr and iuch unfitness is oirectly ascribahle to hts, emplo"nent, he is entltlpd , for an alternative 'employment in the mine for which he is medically fl't or for payment of disability allowance  it also provides for payment of lump sum amount, where he' desires ~o leave the employmt!nt clause 8-sub-clause (a) -the amendment proposed to sub-section (1) of section 10 of the mines act is consequential to th~ amendment propo'st:d in clause 7 -  sub-cla-use (0) -the change in clauf,e (b) of sub-section (2) of the said section 10 is consequential to the amendment proposed in clause 10 and the change in clause (e) of that sub-section is necessitated because of the change in the designation of the post of "director, indian bureau of mines" to "controller, indian bure:m of mines" the new clauses (f) and (g) proposed to be inserted in the said sub-section empower the person referred to in suh-section (1) of section 10 to disclose the information obtained nnder the said sub-section to any registered or recogni  sed trade union and to sllch officer, authority or organisation as may be specified by the centrnl government in this behalf clause g-the amendment ptoposed in this clause is consequential to the amendment proposed in clnuse 22 clause 10-this clause seeks to substitute sections 12, 13 and 14 of the mines act witlt new sections new section 12 seeks to provide for the constitution ofa committe'f' in plncp of mining boards and constitution of one or more committees to deal with specific matters relating to a mine or a group of mines 01' areas the composition of the committee is also provided in that section new section 13 seeks to provide for the functions of the committee and new section 14 seeks to provide " for the powers of the committee for discharging its functions clauses 11 and 12-the amendments proposed in these clauses are consequential to the amendments proposed in clause 10 and su~c1ause (b) of clause 8  j " clause 13-theexisting sections 17 and 18 of the mines act are pro-~d to be replaced by new sections 17 and 18 with a view to making the owner, agent or mana~er of a mine responsiple to the extent of his statutory duties specified under the mines act and the rules, regulations, etc, made thereunder and for that purpose also to specify in the mines act more clearly the duties and re'sponsibilities of the owners clause 14-the" amendment proposed in this clause is consequential to the introduction of "metric system" clau<1p 15-this plause seeks to 'clarify that the prohibitory order issued under sub-~ion (3) of section 22 by the chief ins~ector or 'all inspector shall remain valid until the chief im;pector or the inspector is satisfied that the danger is removed it is also propospd to insert a new sub·section (3a) in section 22 it provides fot' the pnyment of full wages or alternativ-e employment at the same wages to a perron whose employment is prohibited under sub-section (la) or suh·c;ection (3) the amendment to sub-section (6) of sf!'ction 22 st'ek!l to ensut'e that there is no delay in refemng the objection received" under this section to the committee by the' central government the otb'r • mendment in tllslt ~la~ 1~ of f' con~uent1-al ~ljtllre ,~ "  m ~ tzause hi'"7"""this clause seeks to insert a new section '22a to enable ~he chief inspector to pl'ohibit employmeht of persons in cases where, despite warnings, the owner, agent or manager docs not show any improvement in regard to safety maiters it also provides for payment of full wages or alternative empolyment at the same wages to a person whose ~mployment is so pro~tbited clause 17-sub-clause (a) -this sub:clause seeks to insert a new sub-section (la) in section 23 of the mines act dealipg~ with an accident causing reportable injury to any person this is consequential to the insertion of a new definition of "reportable injury" [vide clause 2 (x)] subcla:use (b)-under sub-se~tion (3) of section 23 of the mines act, bodily ij;ljury resulting in the forced absence of an injured person from work for a period exceeding 48 hours is required to be entered in a register it is proposed to reduce this period of forced absence from 48 hour& to 24 hours the other amendment ill conseq'uential to the insertion of thj: hew sub-section (la) [vide sub-clause (a)] sub-clause (e) -this sub-clause seeks to insert a new sub-section (5) to provide that a place of accident causing loss of life or serious boc:uly injury should not bp disturbed before the arrival, or without the consent, of the chief inspector ·or' an inspector this provision already 'exists in the regulations framed ullqer the mines act being a substantive and important provision, it is considered necessary to include it id the mines act itself - clause lb-the amendment proposed in this clause is consequential to the amendment proposed in clause 10 clause 19-the fixation of time-rate as per existing sub-section (2) of section 33 is administratively found not practicable and the amend· ments seek to modify sub-section (2) s'uitably to overcome these difticulties it also clarifies different items that should be included in the ' "ordinary rate of wages" for calculation of extra wages· for overtime clauses 20 and 21-the amendments proposed in these clauses are con~equential to the insertion of new section 22a as proposed in clause 16 and the substitution of section 40 with a new section as proposed in clause 22 clause 22  :this clause seeks to substitute 'section 40 of the mines act with a new section prohibiting' employment of persons below eighteen years of age in place of the existing provision prohibiting adolescents however, it permits apprentices and other trainees not below sixteen years bf age to work, with tht; prior approval of the chief inspector or an inspector i in a mine of" part thereof by the manager under proper supervision clauses 23 and 25-these clauses seek to omit sections 41, 42 and 44 these' omissions are consequential to the substitution of section 40 with a new section as proposed in clause 22 clause 24-fhis clause seeks to substitute section 43 of the mines act with a new section which prmtides for the medical examination of ,any person employed in a mine otherwise than as an apprentice or other trainee who is not an adult or any person employed in a mine as ad ~pprentice or other trainee who is either below sixteen years of age or is no longer fit to work it also provides for grant of a certificate by a certifying surgeon certifying that- such person is an adult or is an apprentice or tr~inee not below sixteen years of age and fit to work clause 2g,--this clause seeks to substitute section 45 of the mines'act  with a new section prohibiting the presence of a persollbelow eighteen years of age' iu any 'part of a mine above ground where, any operation connected with or incidental to any mining operation is carried on this is consequential to the substitution of section 40 with a new section as proposed in clause 22 clause 27-the cimendment proposed in this clause is consequential to the substitution of section 40 with a new section as proposed in clause 22 , clause 28-thi's clause seeks to amend section 49 of tin! mines act in order to clarjfy that such of the 'benefits provided for in the mintts act as are more favourable to the persons employed in a mine than those provided for under the provisions of an award,agreement or contract of ,service relating to those persons should be made available to them clause 29-sub-clause '(a) -presently, the annual leave with wages of a person employed in a mine is calculated at the rate of one day for every sixteen days of work performed by him it is proposed to m9dify this calculation by making it at the rate of one day for every fifteen days of work performed by such person sub-clause (b) -it is proposed to insert' a new sub-section in section 52 of the mines act to provide for grant of proportionate leave in case of persons employed in a mine whose services are terminated or who quit their employment or are superannuated or die during the course of the year if they have put in certain minimu~ number of attendance sub-clause (c) -the amendment proposed in this sub-clause is consequential to the amendment proposed in sub-clause (b) clause 30-sub-clause (a)·-the amendment proposed in this subclause is consequential to' the substitution of section 40 with 4 new section as proposed in clause 22 sub-clause (b)-the amendment proposed to clause (q) of section 57 is intended to empower the central 'government to make regulatiodi for regulating the use of machinery' in mines and for iproviding for the safety of persons employed in or near such machinery and on haulage roads the need for such a provision arises due to the operation of many types of new  machinery, such as mechanical loaders, shuttle cars, etc, the use of which in mines intrqduces special hazards , sub-clause (c) -this sub-clause seeks to amend clause (u) of section 57 to make an enabiing provision so that owners, agents and managers of mines may be required to have well-defined boundary for every mine sub-clmue (d)-power is also being taken under thi's sub-clause to tmjb1e the central government to make rejulationa for evolvil18 ,tancl  1dg procedures to deal e1flectively with any emergency situation caused by accidents or accidental explosions or ignitions this provision is based on the recommendation made by the llo experts in their report to the government on "mines safety" sub-clausp (e) -the amendment propbsed in this sub-clause is con sequential to the introduction of "metric system" clause 31-subctause (a)-the amendment proposed in this sub clause is consequential to the amendment proposed in clause 10 sub·clause (b) -the amendment proposed to clause (c) of section 58 of the mines act enables the central government to recover the expenses of court of inquiry under section 24 from the manager, owner or agent of the mine concerned in the same manner as an arrear of land i revenue sttb-clause (e) -this sub·clause seeks to i~troduce a new provision in section 58 to provide for inspection of mines by workers' :epresentatives as this would help not only in checking contraventions but also in securing workers' cooperation in safety measures this provision is based on the recommendation made by the first conferel1c'e on safety in mines subcla1l'le (d)'-this sub-clause seeks to omit the existing clause (k) of section 58 of the mines act and is consequential to the substitu· tion of section 40 with a new section as proposed in clause 22 sub-clause (e) -this sub-clause seeks to enhance the le~r and collection of duty of excise on coke and coal produced in, and despatched from, a mine from six pips per ton to twenty-five paise 'per tonne- subclause (f) -this !;ub-c1ause give!; effect to another recommendation made by the first conference on safety in mines with a view to providing for an effective method of associating workers with promotion of safety in mines by formation of safety committees cl4use 32-subr7rtw;(, (a) -the amendment proposed in this clause is consequential to th~ amendment proposed in clause 10 subclause (b) -sub-section (7) of section 59 of the mines act is proposed to be omitted in con':lequence of the new section 61a (?-ide clause 35) whkh provides for the laying of regulations, rules and byelaws made under the mines act hefore each house of parliament clause s3-the amendments proposed in this clause are consequential to the -amendment proposed in clause 10 clause 34 -sub-section (1) of section 61 provides for submission of draft bye-laws for the control <inn guidance of persons acting in the management of; or employed in the mine !ro as to prevent accidents and to provide for the safety convenience and cliscipune of persons emploved in the mine sub-clause (a) seeks to amplify that the byelaws to be drafted mav also provide in addition, for safe working of spedal type of machinery or method of wor~ng in the mine· the other amendments are consequential to -the amendment propo':>ed in clause 10 •• clause 35-the new section 61a provides tor laying of regulations rules and bye-laws made under the mines act before each house of parliament in conformity with the procedure now being' followed clauses 36 and 37-the amendments proposed ift these clauses are consequential to the amendments proposed in clauses 22 and 24 clauses 38 and 39-these clauses seek to fix the quantum of mini mum fin~ to be imposed for more serious types of offences under the mines act the other amendments are consequential to the insertion of new section 22a as proposed in clause 16 clause 4o-under section 75 of the mines' act, no prosecution shall be instituted against any owner, agent or manager for any offence under the mines act except at the instance of the chief inspector or of the district magistrate or of an inspector authorised in this behalf it is proposed to lnsert a proviso in that section to the effect that the chief inspector or the district magistrate or the inspector 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   clause 41-section 76 of the mines act provides for the determina tion of owner in certain cases under the provi!'lo to that section a firm association or company can nominate its partners, members or directors  as the case ·mav be to a1l~ume the r'e'sponsibiuty of the owner of the mine the proposed amendment empowers sllch firm association or coml'lnny to nominate mamll~ers n'so tt rlso enables a firm, association 0" company which has diffe,e>nt establi~hmf"nts or branches to nomhl,te dif',<>rent persons in re1::ltion to different f'stablishments or hranche!';   clause 42-ltnder sf-ction 79 of the mines ad nros-e~ltion" for offpn('~ under thp act become timebarred after six months 0f the rhte of the al1e~ed offenr~ or the ri~'e on which the alle~ecl oft'enrf' came to the knowledge of the tnspector tn some circumstances whl;>re the manav'ers and a~nt~ employed in government owned mines were prosecutej, the cases were dischar~rl because the gover!1ment conce"npr'l did not accord sanction for their prosecuti0n within six months of the date of the alleged ~ence no further netion could be taken in such cases the amenllment propoge/t in sub-clause' (n) is intended to (wprrnme thf> dlfflcultv experienced in such cnses tn a ('ose where thp court of inauirv has been ",poointed hv the central government under seetinn 24 of the act a complaint for takin~ cogf\;':ance of the offence has to be made within six months after the date of publication of t~ report of the court of inquiry by the c@ntral government this neriod of rix months i9 proposer'! to be pnhanc'ed to one vear unner "mb-cll'mse (b) clauses 43 and 44-the amendment~ propmen in these clauses have become necessary in view of the coming into force of the code of criminal procedure 1973 (2 of 1974) cl4use 45-the amendment m'oposed in this clause is consequential to the amendment propo~erl in clatlr'e 10 c"lause 46-scction 83 (1) of the mines act doec; not empower the central government to grant exemption from the re£!ulations, rules or bye-laws mane ttneler the mines act one of the amendments in sub clause (a) seeks to confer this power similar amendment is being made in sub-section (2) in so far as bye-laws are concerned [vide subclause ,(b) ]', the other amendment in sub-clause (a) is consequential to the amendment proposed in clauses 22 and 26 clause 47-the amendment proposed in this clause gives statutory recognition to the authority of chief inspector to reverse or modify, for valid reasons, any order that may be passed by him under the mines act, regulations, rules or bye-laws clause 48-this clause seeks to insert two new sections 85b and s5c in the act the new section 85b provides for the returns, notices, etc, to be signe:d by the owner, agent or manager and the new section 85c is intended to clarify the legal position that the cost of any protective equipment, etc, statutorily to be provided to the workers should be borne by the employer clause 49-this clause provides that trom the date of eonstitution of the committee, the present mining boards shall stand dissolved and their work transferred to the committee new section 12 sub$tituted by "clause 10 of the bill oseeks to provide for the constitution of a committee this committee will replace the ejdbt ing mining boards for dijferent states or graups of states as well as committees appointed under section 13 the committee will have a small staff the committee will have also to pay travelling allowance and daily allowance to non·official members for attending the meetings of the committee as per government rules the setting up of the committee is expected to invojve an annual expenditure of about rs 50,000 88 indicated below:-rs 20,000 rb 25,000 r$ 5,000 pay of establishment allowance, honoraria contingencies rs 50,000 total :-a non-recurring expenditure of rs 10,000 is expected to be incurred in the first year in the setting llp of office and purchase of f~ture, etc 2 clause 2 (iv) of the bill seeks to amend section 2 (1) (h) of the act to clarify the application clf the act to persons employed in mines clause 29 of the bill seeks to amend section 52 to provide for grant of leave to undergraund workers at the rate of one day for every 15 days of work as against one day for every 16 days of work at present clause 29 also makes provision for granting proportionate leave in the case of persons who cease to continue in service for one reason or the other during· the course of the calendar year b~fore they put in required number of attendenee clause 31 (eo) provides for increase in the maximum pennissible rate of rescue cess from six pies per ton to 25 paise per tonne on the coke and coal despatched from mine new section ssc inserted by clause 48 seeks to clarify that the cost of any protective equipment, etc, statutorily to be provided to the workers should be borne by the employer the amendments proposed may involve increased expenditure in so far as they concern the central government undertakings at this sta'ge, it is not possible to make an accurate estimate of the recurring expenditure that would be involved in so far as central government undertakings are concerned no non-recurring expenditure is arrticipated clause 3o-sub-c1ause (a) seeks to amend clause (j) of section 57 'j consequent on the prohibition of employment of persons below eighteen years of age in place of existing provision prohibiting adolescents sub-clause (b) seeks to amend clause (q) of that section to empower the central government to make regulations for regulating tie use of machinery in mines and for providing for the safety of persons employed on or near such machinery and on haulage roads sub-clause (c) seeks to amend clause (u) of that section to enable the central government to make regulations for requiring owners, agents and managers of mines to have well-defined boundary for every mine sub-clause (d) seeks to amend clause (v) of t11at section ~ enable the central gove~ent to make regulations for evolving standin, procedures to deal e1fectively with any emergency situation caused by ,accident's or accidental explosions or ignitions sub-claule (e) seeks to amend clause (x) of that section consequent on the introduction of 'metric system' clause 31-sub-clause (a) seeks to substitute clause (a) of section 58 of the act to enable the central government to make rules for providing the term of office and other conditions of service of, and the manner of iilling vacancies among, the members of a committee and ior regulating the procedure to be followed by a committee for transacting its business sub-clause (b) seek!; to amend clause (c) of section 58 of the act enabling the central government to recover the expenses in connection with a court of inquiry from the manager, owner or agent of the mine concerned in the same mann~r as an arrear of land revenue sub-clause (c) seeks to insert a new clause (cc) in that section to enable the central government to make rules for providing for inspection of mines to be carried out bya technical expert (not less than an overman in status) on behalf of persons employed therein, 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 sub-clause (e) seeks to amend clause (u) of section 58 to increase the rate of the levy and collection of duty of excise from six pies per ton to twenty-five paise per tonne on all coke and coal despatched from mines this will empower the central government to make rules levying the duty of excise not exceeding twenty-five paise per tonne sub-clause (£) seeks to insert a new clause (vv) in section 58 empowering the central government to make rules for providing for the constitution of safety committees for groups of specuied mines or for all mines in a specified area, for promoting safety and for laying down the composition, manner of formation and functions of safety committees the matters with respect to which such regulations and rules may be made are matters of detail and day-to-day workin·g within the scope of the general provisions of the act under the proposed sub-slause (e) of clause 31 of the bill, the maximum rate of duty ot excble bas been specified in the act and the government can notify a rate dot exceeding the maximum so sp~cified the delegation of legislative power is therefore~ of a n(frmal character  extracts from the mines act, 1952- (35 of 1952) - - - - 2 (1) in this act, unless ~h~ context otherwise requires,-defini tions (a) ""adolescent" means a person who has completed his fifteenth year but has not completed his eighteenth year; - - - - - (c) "agent", when used in relation to' a mine, means any individual, whether appointed as such or not, who acts as the represen-~ative of the owner in respect of the management, control and direction of the mine or of any part thereot and as ~uch superior to a manager under this act; - - - - - (e) "child" means a person who has not completed his fifteenth year; - - - - - (h) a person is said to be "employed" in a mine who works under 'appointment by or with the knowledge of the manager, whether for wages or not in any mining operation, or in cleaning or oflfng any part of any machinery used in or about the mine or in any other kind of work whatsoever incidental to, or connected whit, mining operations: - - - - - 1 of 1956 '(ii) "managln~ agent" has the meaning assigned to it in the companies act 1956; (i) "mine" means anv excavation where any operation for thee purpose of searching for or obtaintn~ minerals has been or is being carried on, and tncludes-(i) all borings, bore holes and oil wells; '(ii) all shafts in or adjacent to and bel~nging 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 tor the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi) au adits, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent to and belonging to a mine: (vii) all workshops situated within the precincts of a mine and under the same management and used solely for purposes connected with that mfne or a number of mines under the same management; (viii) au power stations for 'supplying electricity solely for the purpose of working the mine or a number of mines under the same mantlgement; (tc) any premises for the time being used for depositing refuse from a mine, or in which any operation in r;onnection with 'such refuse is bein~ carried on, being premises exclusively occupied by tlw!o owner of the mitle; (x) unless exempted by the central government bv notification in the' official gazette, any premise!! or part th~reof in or adjacent, to and belonging to a mine on which any process anci1lal",v to the getting, dressing or preparation for sale of minerals or of coke i~ being carried on; - - - - - (;;;) "month" means the period from the first day of any month reckoned accordin,~ to the british calendar to the last dry of the same month; - - - - - (1) ·'owner", when nsed in j'f'lation to t1 mine ttlt'an's am" person who is the immediate 'proprietor or le~see ot' occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by a  liquidator or receiver, such liquidator or receiver and in the c'ase of a mine owned by a company, the business whereof is being carried on by a managing agent such managing agent; hut does not include a person who merely re~ives a royalty, rent or fine from the m;ne, or is mprelv the proprietor of the mine subject to any lease, grant or licence for the workinj! thereof  or is merely the owner of the soil and not inte,e~teii in the minemlls of the mine: bllt any contr~ctor fot' the wo,king of a mine or any part thereof shall be subject to this act in like manner as if hp were an owner, but not so as to exempt the owner from any liahility; - - - - - 7 of 1916 2'1 of 1933; (n) "qualifted medical practitioner" mean'; a person holding, a qualification granted by an authority specified in the schedule to the indian medical degrees act, 1916, or in the schedule to the tndian medical council act, 1933: - - - - - (q) "serious bodily iniury" means any injury which involves, or in all probability"will involve, the permanent joss of the use of, ar permanent injury to, any limb, or the ,permanent loss of or injury to the sight or heating, or the ft'acture of any limb or the enforced absence of the injured person from work for r period exceeding twenty days;  (r) "week" means the period between mtanight on saturday mght and midnight on the, succeeding saturday night '"    :: (1) the provisions of this act, except those contained in sections 7, 8, 9, 44, 45 and 46, shall not apply to-act not to apply in certain cases  '"  '" (b) any mine engaged in the extraction of· kankar, murrum, laterite, boulder gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, road metal, earth, fullers earth and lime stone: it provided that-(i) the workings do not extend below superjacent ground; or (ii) where it is an open cast working-(a) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres; (b) the number of persons employed on anyone day does not exceed fifty; and (c) explosives are not used in connection with the excavation   '"   5 (1)  '" '"  chid ins_ pector and inspectors (3) the district magistrate may exercise the powers and perform the duties of an inspector subject to the general or special orders of the central government: provided that nothing in this sub-'section shall be deemed to empower a district magistrate to exercise any of the powers conferred by section 22 or section 61      7 (1)  ~  '"   powers of inspector's of mines 5 of 1898 (2) the chief inspector and any inspector may, if he has reason to believe, as a result of any inspection, examination or inquiry under this section, that '8n offence under this act has been or is being committed, search any place and take possession of any material or any plan, section, reiister or other record appertaining to the mine, and the provisions of the code of criminal procedure, 1898, shall, so far as may be applicable, apply to any search or seizure under this act as they apply to any search or 'seizure made under the authority of a warrant issued under section 98 of that code measure, etc 8 any person in ~e serviee of the government duly authorised in tbis behalf by a special order in writing of the chief inspector or of an inspector may, for the purpose of surveying, levelling or measuring any mine, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thei:'eof at any time by day or night: provided that, where in the oj>inion of the chief inspector or of an inspector an emergency· exisq, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid  purposes without giving any such ·notice - - - - - secrecy ounformation obtained 10 (1) all copies of, and extracts from, registers or ·other records appertaining to any mine and all other information acquired by the chief inspectorof an, inapeetor ;or by 'iuly one assistin8 him, in the course of the' inspection ot any mine under this act or acquired by any person authoriaed under section- 8 'in the· exercise of his duties thereunder, shall be regarded u confidential and shall not be disclosed to any person or authority w\less the chief inspector or the inspector considers disclosure necessary to ensure the health, safety or welfare of 'any person employed in the mine or in any other mine adj8rent thereto (2) nothing in sub-section (1) shall apply to the disclo'3ure of uny such ihformati~n (if so required) to-- - - - (b) a mining board, committee, or court of inquiry con!ltttu~d or appointed under section 12, section 13 or section 24, as the case may be;  - - - (e) the director, incfum bureau of mines \ ,  - - - 11 (1) -  - - - certifying surgeons (4) the certifying· surgeon shall carry prescribed in connection without ,such duties as· may be act; (a) the examination and certification of adolescents wlder this - - - - (c) the exercise of such medical supervision as may be prescribed for any mine or class or description of mines where-  - - -  (ii) acloleaeenta are or ue to be eiuployed in any work which is likely' to caue injury to their health  - - - -  ~2 ~l) the ~entral government may constitute for any part of the mininr terrl~orles to which this act extends, or for 2d¥ group or class of mines, boards a mmmg board consisting of-- (a) a person in the 'service of the government, not being the chief insoector or an inspector, appointed by the central government to act as chairman; (0) the chief inspector or an inspector appointed by the central government; (c) a person, not being the chief inspector or an inspector, appointed by the central government; - (d) two pe,,:sons nominated by owners of mines or their representatives in such manner as may be prescribed; (e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions, narrely,-(i) if there are one or more registered trade unions having in the aggregate as members not less than one-quarter of the miners, the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed; (ii) if sub-clause (i) is not applicable and there are one or more registered tradeuniom; having in th,ageregate as members not less than one thousand miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the central government; (iii) if neither sub-clause (i) nor sub-clause (ii) is applicable, the said persons shah be nomidated bythe central government explanation-=-in this clause "miner" means a person, employed otherwise than in a position of supervision or ql8dagement, in any of the mines for which the mining board is constituted \ (2) the chairman sh:lll appoint a person to aot as secretary to the board (3)' the central qovcrnment may give directiohs as to the payment of travelling expenses jncurred by thesecretllry or any member of any such i mining board in the performance of his duty as stu!h secretary or member ' oj: ;' , 13, (1) where under this act any question relating to a mine is conunit n!ferred to a committee, the committee shall consist oftees (a) a chairman nominated by the central government or by 'such officer or authority as the central government may authorise in this behalf; (b) a person nominated by the chairman and qwilified by· experience to dispose of the question referred to tbe~mmittee; and (c) two persons to re!present the i!lterests of the person employed in the mine of whom one shall be nominated by the owner, agent or manager of the mine concerned, and the other shall be nominated by the central government in consultation with such organisations of miners employed in the mine as may be recognised for the purpose by that government (2) no inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a committee appointed under this section (3) where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub-section (1), the committee may, notwithstanding such failure, proceed to inquire into and dispose of the matter referred to it (4) the committee shall hear and record such infonnation as the chief inspector or the inspector1 or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the chief inspector or the inspector and to the owner, agent or manager of the mine, and shah report its decision to the central government (5) on receiving such report the central government shall pass orde!,s in conformity therewith unless the chief inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the committee, in which case the central government may proceed to review such decision and to pass such orders in the matter as it may think fit: provided that if an objection is lodged by the chief inspector, notice of the same shall be given to the owner, agent or manager of the mine before any orders are passed thereon by the central government (6) the central government may give directions as to the remuneration, if any, to be paid to the members of the committee or any of them, and as to the payment of expenses of the inquiry including such remuneration  powers of mining boards 14 (1) any mining board constituted under section 12 and any committee constituted under section 13 may exercise such of the powers~f an inspector under this act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it (2) every mining board constituted under section 12 and every committee appointed undar section 13 shall have the powers of a civil court under the code of civil procedure, 1908 for the pw-p08e of enforcing the attendance of witnesses and compelling the production of documents and material objects recovery 15 the central government may direct that the expenses of any of ex_ inqujry conducted by a mining board constituted under section 12 or penses by a commfttee appointed under section 13 shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the chief inspector or an inspector _ to a magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being re~iclent, be recovered by the distress and sale of any movable property within the limits of the magistrate's jurisdiction belonging to such owner or agent: notice to be gl\ren of mining opera_ tions managers provided that the owner or his agent has not paid the amount within six weeks from the date f receiving the notice from the central government or the chief inspector of mines  -   -  16 (1) the owner, agent or manager of a mine shall, before the commencement of any mining operation, give to the chief inspector, the director, indian bureau of mines and the district magistrate of the district in which the mine is situate, notice in writing in such form and containing such particulars relating to the mine ~ may be prescribed  - -  - 17 save as may be otherwise prescribed every mine shall be under one manager who shall have the prescribed qualifications and shall be responsible for the control, management, supervision and direction of the mine, and the owner or agent of every mine shall appoint himself or some other person, having such qualifications, to be such manager 18 (1) the owner, agent and manager of every mine shall be respensible that all operations carried on in connection therewith are conducted in accordance with the provisions of this act and of the regu la tions, rules and bye-laws and of any orders made tl1ereunder duties and responsibiliijes of owners, agents and managers (2) in the event of any contravention of any such provisions by any person whosoever, the owner, agent and manager of the mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing those provisions, to prevent such con~ravention (3) it shall not be a defence in any proceedings brought against an owner or agent of a mine under this section that a manager of the mine has been appointed in accordance with the provisions of this act -  - '" 19 (1) '" - -  powers oftnspeetors when causes of dangel' not expressly provided against exist or when employment is dangerous drink (2) all such points 'shall be legibly marked 'drinking water' inisgwater a language understood by a majority of the persons employed in the mine and no such point shall be situated within twenty feet of any washing place, urijial or latrine, unless a shorter dist~ce is approved in writing by the chief inspector   - -  22 (1) -  - (3) if the chief  inspector, or an inspector authorised in this behalf by general or special-6rder in writing by the chief inspector, is of opinion that there is urgelt and unmediate danger to the life or safety of any person employed it any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit until 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   - - - (6) if the owner, agent or manager of the mine objects to a notice sent under sub-section (1) by the ,chief inspector or to an order made by th~  chief ins~~,~i1-der, ~u})pection (jaj ,or, ii~~ct~ (~),' ,or' ~ub section (3) or sub-section (4), he may, within twenty days after the receipt of the notice containing the reqwisition 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 refer the same to a committee (7) every notice under sub-section (1), or order under ~ub-6ection (la), subsection (2), sub-section (3) or sub-section (4), to which objection is made under sub-section (6), shall be complied with, pending the receipt at the mine of the dec:sion of the committee: - - 'a provided that the committee may, on the applic,a~ion of the owner, agent or manager, suspend the operation of a requisition under subsection (1), pending its decision on the objection      23 (1)  ,iii -  notice to be given of accident  (3) the central govemm~nt may, by ~otification in the' official gazette, direct that accidents other than those specified in sub-section (1), which cause bodily injury, resulting in the enforced absence from work of the person injured for a period exceeding foj:'ty-eight hours shall be entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1)    - - ' ' ~7 ,t~ centr~ gov~ jtla>'" cause, any, report su~,mi'tted ,by a publica tionof reports cqmmi~e und~ secti9~ 13!,o~any ~rt ~f e~tracts from a~y report submitteq to it udder,~,~, and ,~ll,clill¥ every report,~\lb~itted ' by a court of inquiry under section 24 to be 'published at'such nme 'and in such manner as it may think fit    - - 33 (1)      extra wqes frrr over -time (2) where any person employed in a mine is paid on piece-rate basis, the central government shall, in consultation with the employer concerned and the representatives of the persons ,employed in the mine, fix for the purposes of this section time rates which ,hall, as nearly as possible be equivalent to the average rate of ~nas of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rate of wages of such persons (3) for the purposes of this section "ordinary rate of wages" means the basic wages pl1l8 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 a mine may, for the time being, be entitled to, but does not include a bonus      - 38 (1) in case of an emergency" iovolving serio!js risk to t~ safety of the mine or of perioll$ employed therein, or in case, of an ac~dent, whether actual or apprehended, or in case of any act of god or in case ,of any urgent work,t(), be done ~ma~hinery, plan~,or equi~men\ ,of the mine as the resultof breakdown, of ,such machinery, plant or eqwpment, the manager may, subject to the provisions of section' 22 and 1n accord~ - 1 'l!:xemptionfrom provitlkmsre ',1l'didg employ ment ance with t~ rules under section 39, permit pen;ons to be employed in contravention of section 28, section 30, 'section '31, section 34 or subsection (5) of section 36,' on such work as maybe 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 limi~s necessary for the purpose of avoiding seiious interference with the ordinary working of the mine  - -  - , power to makcex-- empting rules 3b save in respect of adolescents, the centrdl government may make rules providing for the exemption to such extent, -in such circumstances and subjeci to such conditions as may be specified, from the provisions of sections 28, 30, 31, 34 or 'sub-section (5) of section 36-(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 apprchend'!d;   - '  40 (1) no adolescent shall be allowed to work in any part of a mine which is below ground unlesr-employ, uillilt of addles-, cents'  (a) he has completed his sixteenth year; (aa) a medical certificate in the prescribed form granted to the adolescent by a certifying surgeon certifying that he is fit for work as an adult is in the custo'dy of, thenfanager of the mine; (b) the adolescent carries while at work, a token giving a reference to such certificate; , (c) the adqlescent has an interval for rest of at least half an houl' atter every four and a half h~rs, ot continuous work on any day (2) notwithstanding anythi,ng confah?ed in this act, no adolescent whq has b~ grante4, a c¢ific~te, un~ sub-sec~ion (1) shall be ,employed in any mine ex<:el?t q~tw~ej:l the, h~~r;; of 6 a,m and 6 p;~: provided that the central governmen ' raay, by notification in the official gazette, vary the hours of empluyment of such adolescent in respect of any t¢ne or class bf mines so' however that no :employment of any sueg adoles~nt between the hc?uf:3 a 10 pm and 5 am is permitted thereby ' , 41 (1) a certificate of fitness granted l'r !'enewed fc?r the purposes of section 40-(a) shall be valid only for a per'(j~1 of twelve months from the date thereof; ',,' i ' (b) may be subject to speci~d r'l)lhlitions in regard to employm~t gejlerally or the nat,ure of t~ \vol'k in which the adolescent may be employed ' (2) a certifying surgeon shall revoke a cel'tificate granted or reneweq under section 40, it in his: opinion the holder of it is no longer fit for work in the capacity stated therein in a mine,""  (3) where a certifying surgeon refuses to grant or renew a certificate or revokes a certificate, he shall, if so required by the person concerned, state his reasons in writing for so doing, (4) where a certificate under section 40 with reference to any adolescent is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (1), an adolescent shall not be required or allowed to work in any 'mine except in accordance with those conditions (5) the adolescent or his parents shall not be liable to pay any part of the expenses of any medical examination under section 40 in all cases where the application for a medical certificate is accompanied by a docu-, ment signed by the manager of a mine stating that the adolescent to be examined will be emplbyed in the mine if certified to be fit for work therein or the application is made by ~he manager of the mine in which the adolescent desires to be employed elkc;t oc certificate of filltes5 arajltcd to lldolc&c:edts 42, an adolescent, who has been granted a certificate of fitness to work in a mine as an adult under section 40, and who while actually employed in a mine carries a token giving a reference to such certificate, shall, subject to the conditions referred to in that section, be deemed to be an adult for the purposes of ' this act power to require medical examination 43 (1) where an inspector is of opinion that any person employed in a mine is a child or is an adolescent without a certificate of fitness or is an adolescent with a certificate of fitness but no longer fit to work in the capacity stated in the certificate he may serve on the mana~er of the mine a notice requiring that such person shall be examined by a certifying surgeon and such person shall not, if the inspector so directs, be employed cr permitted to work in any mine until he has been so examined and has been certified that he is an adult or, if an adolescent, he has been granted a certificate of fitness, or, as the case may be, a fresh certificate of fitness under section 40 (2) every certificate as to the age of a pel'son which has been granted in the prescribed manner and any certificate granted by a certifying -, surgeon on a reference under sub-section (1) shall, for the purposes of this act, be conclusive evidence of the matters, stated therein, 44 (1) no adolescent who has not been granted a medical certificate certifying that he is fit for work as an adult shall be 'employed or permitted to be employed above ground in a mine-(8) for more than fourand-a-half hours in any day, and (b) between the hours of 6 p,m and 6 am, working hounfor adolescenb notcertiftedtobe fit for, work as adults (2) the period of work ot all such adolescents employed in do mine shall be limited to two shifts which shall not spreadover more than five hours each, and there shall be no change of shifts except once in a period of tlilrty days and with the previous permission in writing of the chief inspector ' employ· mentof chu4ren 45 (1) no child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which is below ground or in any open cast working in which any mining operation is being carried on (2) alter such date as the central government may, by notiftcation in the omcial gazette, appoint in this behalf, no cbtj4 shall be allowed to be present in any part of a mine above groudd where any operation connected with or incidental to any mining operation is being carried on - - - - - 48 (1) for every mine there shall be kept in the prescribed fonn and ~ place a register of all persons employed in the mine showing in respect ot p8l'iciiii of each such personempjojed - - - - - (d) in the case of an adolescent, reference to the cert:lftcate of fitness granted under section 40; - - - - - and the relevant entries shall be authenticated by the signature or the thumb impression of the person concerned - - - - - appjlea tion of chapter e 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 jawor under the terms of any award, agreement or contract of service: provided that when such award, agreement or contract of !iel"'v'iee provides for a longer leave with wages than provided in this chapter, 8uch person shall be entitled only to such longer leave  - • - - - - a (1) every person employed in a niine who h~ completed a ealen-auual dar year's service therein shall be allowed, during the subsequent calen- lenewi1h dar year, leave with wages, calcu1ated,- (g) in the ease of a person employed below ground at the rate of one day for every sixteen days of work performed by him, and - -  - - e%plg1i4tion-for the purposes of sub-sections (1) and (3), any fraction of leave of half a day or more shall be treated as one full day and fraction of less than half a day shall be omitted - - - - - 57 the central government may, by notification in the official garete, make regulations consistent with this act for all or any of the following purposes, namely:--(1) for prohibiting, restricting or regulating the employment of adolescents and women in mines or in any class of mines or on particular kinds 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 iuch person; - - - - - (q) for providing for the safety of persons present on haulaaroads and for restricting the use of certain classes of loco1jlottvea underground; - - - - - (u) for prescribing the plans, and sections and field notes eonnected therewith, to be kept by owners, ngents and managers of mines and the manner and places in which such plans, sections and fleld notes are to be kept for purposes of record and for the submission of 'eoples thereof to the chief inspector; and for requiring the maldng of fresh surveys and plans'by them, and in the event of noneompliance, tor hav:fn~ the survey made and plans prepared throu~b any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue: ' (d) for regulating the procedure on :the occuttenc~ of accident! or accidental explosions or i","hions in ot  nbol1t, mines; - - - - - (z) for prescribing the notice to be given by the owner altfmt or mana~ of a mine befote minil'lp' operations ate commenced at or extended to any point witlrln flftv ywds of rny railway sul>~ect to the provisions of the 'lnthan rahway!; am; i890 or of any pubuc roads or other works, as the case may b(, which ate maintained by the govemment (it' anv jo~~l rutborltv:   - i~ - - - 58 the central government may by notification in the offtclal gazette make rules eonsfstent with this,act for all or any of the 'following purpos~, namejy~-'(a) for providing for the appointment of qhairman and members- of m"ming boat"~fj, and fo1:' re'r',lati"t! the' l'rocedut"p of ~leb boards; ,                       ~                                                                     -                                                                                                                                                                   -                                                                                                                                                                                i                                                                                                                                                                                                                 -      (c) for providin~ in!' thel! ar1y'jntm~t of rm,lrllll of fnqni"y unde't' section 24, for regulating th" 'dtocmu1'e rnd t>owet"~ of lruch coutts  lot the payment of travelling allowance tf' thp members and for the recovery of the expenses of such courts including any other ex j i  : t!if , - , ~~ co~~~ith ~ulry from the'~ger, owner or ~t of ""-'e ijllll,e co  -"~; -   -  (k) for 'prescribing the form of the ~·tijicate of fitness required by' sectiqn 40, the conditions subject to which and the circumstances in which they may be granted and the circumstances in which· they may be revoked;  ' -  -  - ('ii) for providing for the levy and collection of a duty of excise (at a rate not exceeding six pies per ton) on coke and coal produced in arid despatched from mines specuied under clausf: (r) 0: in any group or lncluded under clause (t) in any specified area, the utilisation of the proceeds thereof for the creation of a central rescue station fund for such group or area and the administration of such funds; , (v) for providing for the formation, training, composition and duties of· rescue brigades and for the terms and conditions of service of persons trained in rescue work employed in mines; and generally for the conduct of rescue work in mines; and ·  -  -  59 (1)    - - prior public:atiojl ofrejuiatioas add rules (4) no regulation 'or rule shall be made unless the draft thereof has been referred to every mining board constituted in that part of the ter-zitories to which this act extends which is affected by the regulation or rule, and unless each such board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions - - - - - (7) the regulations and rules made under sections 5'7 and 58 shall be laid before parliament as soon as nij1y be, after they are made 60 notwithstanding anything contained m·'-osub-sections (1) (2) and power to (4) of section 59, regulations under section 57 may be made without make repreviqus publication and ,with04t reference to mining boards, if the ~jatiod8 cenu'a! government is satisfied that f~: the prevention of appreh~d~ =::a: danger or the speedy remedy of conditions likely ~q cause danger it is· publica-decessary in making· such regulations to dispense with the delay thattion would result fron;l such publication and reference: , -provided that any regulations so made shall not remain in force for more than one year from the making thereof 61 (1) the owner, agent'oi-manager of a mine may, and shall, if bye-l  called upon 'to do so by 'the chief· inspector or inspecto:r; 'frame and sub-' mit to the chief inspector or inspector a draft of such fiye-iaws, not being inconsistent with this act or any regulations or rules for the time being in force, for the control and ~idance of the persons acting in the management' of, or employed in, the mine as such, owner, agent 0g manag may deem necessary to prevent accidents 'and provide for the ldety, coilvenienceand discipline of the persons employed in the mine - - - - - (3) u within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the chief inspector or inspectal" to the owner, agent or manager under the provisions of sub-sec:tion (2), the chief ldspector or inspector and the owner, agent or manager are unable to agree as to the terms of the ,bye-laws to be made udder subsection (1), the chief inspector or inspector shall refer the draft byelaws for settlement to the mining board or, where there is no mining board, to such oftlcer or authority as the central government may, by general or special order, appoint in this behalf (4) (a) when such draft bye-laws have been agreed to by the owner, agent or manager and the chief inspector or inspector, or, when they are udable to agree, have been settled by the mining board or such omcer or authority as aforesaid, a copy of the draft bye-laws shall be &edt by the chief inspector or inspector to the central government for approval _ - - - - - 85 wooever knowingly uses or' attemps to use as a certificate of fitness granted to himself under section 40 a certificate granted to ad-other person under that section, or, having been' granted a certlflcate 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 - " i'· ;ltl!;l - - - - - penalty for l double emplojjd8ld ofj'ouat periodi 18 if a child or an adolescent is employed in a mine on any day on ,which he has already been employed in another mine, his parent or guardian or the person who has the custody of such child or adolescent or who obtains any direct benefit from his wages shall be puntshable with fine which may extend to fifty rupees, unless it appears to the court that the child or adolescent was so employed without the codiedt or connivance of such parent, guardian or person  - - - - speclal provision for cod-travention 01 ol'ders under section 22-7zb, whoever continues to work in a mine in contravention of any order issued under sub-sec:tion (la), sub-section (2) or sub-aect1on (') of section 22 shall be punishable with imprisonment for a term wblcb may extend to two years, and shall also be liable to fine which may _-tend to five thousand rupees  'j2c  (l) whoever contravenes any provision of this act or of 8d7 regulation, rule or bye-law or of any order made thereunder other thad an order made under sub-section (la) or sub-section (2) or eub-metica (3) of section 22, shall be punishable-special provia1on for cod-travention of law with dad-j8zoui result (a) if such contravention results in lobs of life, with imprlaonment which may extend to two years, or with fine which may  tend to five thousand rupees, or with both; or i (b) if, such contravention results in serious bodily injury, with imprisonment which may extend to one year, 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 ane which may extend to one thousand rupees, or with both  - - - - - prosecu tion of owner, agent or manager '15 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 insoector authorised in this behalf by general or special order in writing by the chief inspector: provided that in respect of an offence committed in the coutse of the technical direction and management of a mine, the distri!t magis· trate shall not institute any prosecution against an owner, agent or manager without the previous approval of the chief inspector detenni nation of owner in certain cases '16 where the owner of a mine is a 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 or where the owner of a mine is a government or any local authority, all or any of the officers or persons authorised by such government or local authority, as the case may be, to manage the affairs 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, (b) in the case of an association, any of its members, (c) in the case of a company, any of its directors, who is tesident 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 of, or holds the largest number of shares in, such finn, association or company to ass'ume the responsibility of the owner of the mine for the put'pose& of this act, such partner, member or direct<>r, as the case may be, shad, 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 mine for the purposes of this act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the chief inspector  - - - - - limita tion of prosecu-uodi 'il no court shall take cognizanc~ of any offence under this act, unless· complaint thereof has been made-- - - - -  (iii) : in any case w~ a court ~f inquiry, ~ been ~'ppointed by the cen~al gqv~t under lm'ction ~·within ~ mod~ after the r4te of the publication of tpe report ,referreci', to in sgb: section (4) of tpat section, whichever is later ,·,,'-;0,1 ezplanation-for the purposes of this 'section-"~i , (4) in the case of a continuing offence, the period of limitation shall be computed with re~ence to every point of time during which the ojlence continues;  , " (b) wh~ for the performance of any act ,time has been extellded under this act, the period of ·limitauon shall' be computed from the expiry of- the extended period cogniz· ance of of!edees 80 no court idferior to that of a presidency magistrate or maptrate of thefirst class shall try any offence under this act which ia alleged to have been committed by any owner, agent or manager of a mine or any oftence wb,ich is by this act made punishable with imprisomnedt , special provision reprdine fine boa notwithstanding anything contained in section 32 of the code of crimina) procedure, 1898, it shall be lawful for a presidency jdaliatrate or a magistrate of the first class to pass a sentence of fine -ceeding two thousand rupees authorised by thij act on any perjon convictec:l of an o1lence tbereunder  81 (1) if t~ court tryinj any f;:ase instituted at the instance of the chief inspector or of the district mbgfstrate orot an inspector under this act is of opinion that the case is one whicb should, in lieu of a prosecutiont be referred to a mining board or a committee it may stay the criminal procee<:lidjpl, :and report the matter to the central government with a view to such reference being made • re:fenmc:e to miiline board or committee , in lieu of prosecution in certaizl cases (2) on receipt of a report under sub-section (1), the central government may refer the case to a j4ilung board or a committee, or may direct the court to proceetl with tih! trial , !  - - - - - power to exempt from operation of-act 83 (1) the central goverdjilent may, by notification in th8 o1!lcial - gazette, exempt either absolutely or subj~t to any spe¢ied conditiodl \ • any local area or any mine or group oj: cuss of mines or any part of, a mine or any class of persons froid the operation of all or any of ~ pr0-visions of this act: ' provided that· no local area or mine or group or ,dass of min i1bal1 be exempted from the provisions of section 45 unless it is alio exempted from the ope~tion of all the 9ther pro~ods of this aet (2) 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 alpeci1ted conditions, any $e or part thereof ~m the operation of any of the provisions of the regulations or rules iijlder thil ad if the chief inspactor or such authority is of opinion that the conditions in any min or part thereof are such as to render compliance with such provision unnecessary or impracticable "  m the central government may reverse or modify any order pasaed power to under this act  alter or  i!",,;  reseind orders 85 this act shall also apply to mines belonging to' the government - - - - - application ot act to mines be 10n&in8 to govern ment  billfurther to amend the mines act, 1952 (shri veet'eftdm patu miftiatet' of labouf' tim rehabilitation) 