The Mines Act, 1952
Compliance and Enforcement

Introduction

The Mines Act of 1952 (Act No. 35 of 1952) is one of the most crucial pieces of legislation in the labour law. It was implemented for the purpose of managing the health, safety, welfare, and working conditions of individuals employed in mines. This act consists of a total of 10 chapters which has a further bifurcation of 88 sections in totality. This piece of legislation though was enacted in 1952 but is still prevalent because of increase in mining and related activities year on year and hence there is still a constant need of legal protections so as to save the individuals working in the mine from anything that goes beyond the anyone’s control.

Objectives, Scope & Applicability

Aim & Objective: The main goal of the Mines Act is to improve the well-being, safety, health, and working conditions of people working in mines. It required mine owners, agents, and managers to follow

certain standards in areas like infrastructure, accident prevention, medical care, and working hours. The Act works together with (but is not the same as) the Mines and Minerals (Development & Regulation) Act, 1957, which deals with licensing, leasing, and mining of minerals.

Key Definition: A mine, is the key concept in this act and has to be defined for proper clarity. It has been defined in the section 2(1)(j) which refers to:

Any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes–

1. all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields;
2. all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not;
3. all levels and inclined planes in the course of being driven;
4. all open cast workings;
5. all conveyors or aerial rope ways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;
6. all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine;
7. all protective works being carried out in or adjacent to a mine;
8. all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management;
9. all power stations, transformer sub-stations, convertor stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management;
10. any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine;
11. any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on

Appointment of Inspectors & Certifying Surgeons

1. Chief Inspector of Mines: Every mine has to be appointed with a chief inspector of mines who has the power to enter the mines, inspect, survey, measure, examine plant or machinery, seize records, and examine persons employed, subject to procedural safeguards.
2. Certifying Surgeons: A certified surgeon is a qualified medical practitioner, to oversee fitness of workers, particularly for dangerous occupations, adolescents, etc.

Health, Safety & Welfare Provisions

The nature of mining by itself is very dangerous and is hazardous to the life, limb, health of the miner and there arose a need for health, safety and welfare provisions. There are series of protective rules which a every mine has to follow which are as under:

1. Clean drinking water which is accessible and is labelled properly with details visible.
2. Proper toilets and urinals, separated for men and women.
3. First aid boxes must be available in every mine during working hours.
4. Conveyance to take injured or sick people to a clinic or hospital.
5. A first aid room staffed with medical and nursing professionals (Mines with more than 150 members).
6. Inspectors can tell mine owners to stop work if they see a serious danger.
7. If a worker is not allowed to do a dangerous job, they must get full pay for that time or be given another job.
8. In case of an accident or death, serious injury, fire, gas explosion chain failure, collapse, or any other specified events, the mine owner, agent, or manager must report it to the proper authority.

Recent amendments and changes

1. Equal employment for women: A recent clarification from the Directorate General of Mines Safety (DGMS) permits women in all mining roles, including those previously restricted by Section 46 of the Act.
2. Drone surveys and digital images: The Mineral Conservation and Development (Amendment) Rules, 2016 (MCDR Rules) now require all mines to conduct drone surveys and submit digital images like digital elevation models (DEMs) and orthomosaics to the controller general.
3. Proposed amendments (not yet enacted):
   • The Mines Act, 1952, has been proposed to be extended to the exclusive economic zones, territorial waters, and other maritime zones of India.
   • A proposed amendment would define “agent” to include anyone who takes part in the management of a mine on behalf of the owner.

Working Hours, Leave & Limitations on Employment Hours of Work

1. Working hours: There is should always be certain restrictions as to working hours and hence the act also provided for the same. There is a restriction on total working hours, no adult worker will be allowed to work for more than 8 hours a day or 48 hours a week underground. The chief inspector can allow longer working hours by way of night shifts provided that proper safety measures are undertaken. No person shall be allowed to work more than 10 hours which also includes overtime.
2. Leave with Wages: The Act through its various provisions offers the option of leave but without the wages being deducted. There are provisions related to annual leave with pay for mine workers, advance payment for leave or be paid for time not worked.
3. Prohibition of Certain Employment: The act also prohibits certain dual employment like the worker cannot be forced to work in another mine with 12 hours of finishing the work in the first mine. There is a strict rule with regards to child labour, children below the age of 18 years will not be permitted to work in the mines at given instance.

Offences, Penalties & Procedural Aspects

1. Penalties for Violations

   Type of Injury	1st time Violation	Subsequent Violation
   Death	2 years of Imprisonment or fine up to ₹5,000 or both	Double the punishment given in case of 1st time violation.
   Serious Injury	1 year of imprisonment or a fine of up to ₹3,000 or both	Double the punishment given in case of 1st time violation.
   Safety at Risk	3 months in imprisonment or a fine of up to ₹1,000 or both.	Double the punishment given in case of 1st time violation.

2. Compensation & Orders
   Compensation is a way by which the court provides relief to the people who have been aggrieved. Levying of fines or penalties is one of the most common ways by which the court provides the relief to the aggrieved or family of the aggrieved as the case maybe. If a mine has been declared as dangerous and a person continues to work at that mine then he may be imprisoned for a period which may extend up to 2 years and a fine which may extend up to 5000.
3. Prosecution, Cognizance and Limitation
   An action against an mine owner cannot be taken arbitrarily. It will need an approval of the Chief Inspector or district magistrate or an authorized inspector. The act also prescribes a time limit within which legal action must be initiated. If the complaint or prosecution is not filed within this stipulated time frame, the case may not be entertained by the courts. Courts do not have the authority to take cognizance of offences under the Mines Act on their own initiative. They must ensure that the proper approval from the Chief Inspector, District Magistrate, or authorized Inspector is obtained first. This process is designed to maintain a system of checks and balances, protecting mine owners from arbitrary legal harassment while ensuring enforcement of safety laws.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.