Federal · Act · 1923

Mines Act, 1923

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THE MINES ACT, 1923

THE SCHEDULE 1THE MINES ACT, 1923 2ACT No. IV of 1923 [23rd February, 1923] An Act to amend and consolidate the law relating to the regulation and inspections of mines WHEREAS it is expedient to amend and consolidate the law relating to the regulation and inspection of mines; It is hereby enacted as follows:⸻

CHAPTER I

PRELIMINARY

Section 1. Short title extent and commencement

⸻(1) This Act may be called the 3* Mines Act

1923.

4[(2) It extend to the whole of Pakistan.]

(3) It shall come into force on the first day of July, 1924.

2. [Saving the Regulation XII of 1887].—Omitted by para, 3 and Sch I of the Government of India (Adaptation of Indian Laws) Order, 1937.

Section 3. Definitions

In this Act unless there is anything repugnant in the subject or context,⸻

(a) “agent”, When used in relation to a mine. Means any person appointed or acting as the representative of the owner in respect of the management of the mine or of any part thereof, and as such superior to a Manager under this Act; 5[(aa) appropriate Government means in relation to mines of 6[nuclear substances mineral oil, natural gas and liquids, and substances declared by Federal Law to be dangerously inflammable oil fields and gas fields the 7[Federal Government] and in relation to other mines the Provincial Government;].

1This act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see

Regulation No. 1 of 1972, s. 2 and Sch.

2This Act has been extended to:⸻

(i) the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the

Federated Areas of Baluchistan, see Gazette of India, 1937 Pt. I p. 1499;

(ii) the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of

1953), as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953

(G.G.O. 19 of 1953);

(iii) the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953;

(iv) the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) as amended by the

Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953). The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur

(Application of Central Laws) Ordinance, 1960 (XXXVII of 1960) s. 2.

This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see

Regulation No. 1 of 1972, s. 2 and Sch. also applied to FATA, SRO 220 (1)/2000, dated 21-4-2000. 3The word “Indian” omitted by A.O., 1949.

4Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for

sub-section (2), as amended by A.O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 8.

5Clause (aa) ins. by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), has been subs. by A.O., 1964, Art. 2 and Sch.

6Subs. by F.A.O., 1975, Art. 2 and Sch., for “nuclear substances, oilfields and gasfield”.

7Subs. ibid., Art. 2 and Table, for “Central Government”.

(b) Chief Inspector means the Chief Inspector to Mines appointed under this Act; 1[(c) Child means a person who has not completed his fifteenth year;] 2[(cc) day means a period of twenty-four hours beginning at midnight;] 3[* * * * * * *]

(d) 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 oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or con- nected with, mining operations;

(e) “Inspector” means an inspector of Mines appointed under this Act, and includes a District Magistrate when exercising any power or performing any duty of an inspector which he is empowered by this Act to exercise or perform;

(f) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes all works, machinery, tramways and sidings, whether above or blow ground, in or adjacent to or belonging to a mine:

Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke making or the dressing of:

(g) “owner” when used in relation to a mine, means say person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine or is merely the proprietor of the mine subject to any lease, grantor license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine but any contractor for the working of a mine car any like part thereof shall be subject to this Act ifs manner as it he were ear owner, but not so as to exempt the owner from any liability;

(h) “prescribed” means prescribed by regulations, ruler or bye laws;

(i) “qualified medical practitioner” means any person registered 4[* * *] under any Act of 5[the Central Legislature or any Provincial Legislature], providing for the maintenance of a register of medical practitioners, and includes, in any area where no such last-mentioned Act is in force, any person declared by the 6[appropriate Government] by notification in the 7[official Gazette], to be a qualified medical practitioner for the purposes of this Act;

1Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 2. for the original clause (c).

2Clause (cc) ins., ibid

3Clause (ccc), omitted by A.O., 1949.

4Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II.

5Subs. by A.O., 1949, for “any Legislature in British India”.

6Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Local Government”.

7Subs. by A.O., 1937, for “local official Gazette”.

(j) “regulations”, “rules” and “bye-laws” means respectively., regulations, rules and bye-laws under this Act ;

1[(jj) where work of the same kind is carried out by two or more sets of workers working during different periods of the day each of such sets is called a ‘relay’ 2[and the period for which it works is called a ‘shift’];

(k) “serious bodily injury” means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to any 3[part of the body], or the permanent logs of or injury to the sight or hearing, or the fracture of any 3[part of the body] or the enforced absence of the injured person from work for a period exceeding twenty days; and

(l) “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night.

CHAPTER II

INSPECTORS

Section 4. Chief Inspector and Inspectors

(1) The 4[appropriate Government] easy, by notification in the 5[Official Gazette], appoint a duly qualified person to be Chief Inspector of Mines for the whole of 6[Pakistan] 7[or, for the Province as the case may be], and duly qualified persons to be Inspectors of Mines subordinate to the Chief Inspector.

(2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office who is or becomes directly or indirectly interested in any mine or mining rights in 8[Pakistan].

(3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the 9[appropriate 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 19 or section 33.

(4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860).

Section 5. Functions of Inspectors

⸻(1) The Chief Inspector may, by order in writing prohibit or restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any power conferred on Inspectors by this Act, and shall, subject as aforesaid, declare the local area or areas within which, or the group or class of mines with respect to which, Inspectors shall exercise their respective powers.

1Cl. (jj) was ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935),s.2.

2Added by the Mines (Amdt.) Act 1973 (XLV of 1973), s. 2.

3Subs. ibid., s. 2,for “limb”.

4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Governor General in Council.”.

5Subs. A.O., 1937, for “Gazette of India”.

6Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for

“the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”.

7Ins. by A.O., 1964, Art. 2 and Sch.

8Subs. by the Federal Laws (Revision and Declaration)Act, 1951 (XXVI of 1951), s. 4 and III Sch., for “India”.

9Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.

(2) The Inspector shall give information to owners, agents and managers of mines situate within the local area or areas or belonging to the group or class of mines, in respect of which he exercises powers under sub-section (1) as to all regulations and rules which concern them respectively and as to the places where copies of such regulations and rules may be obtained.

Section 6. Powers of Inspectors of Mines

The Chief Inspector and any Inspector may⸻

(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine ;

(b) with such assistant (if any) as he thinks fit, enter, inspect and examine any

mine or any part thereof at 1[*    *     *] ; 
(c)      examine into, and make inquiry respecting, the state and condition of any mine

or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine and all matters and things connected with or relating to the safety, 2[health and welfare] of the persons employed in the mine ;

3[(d) take, whether on the precincts of the mine or elsewhere, statement of any person which he may consider necessary for carrying out the purposes of this Act;

Provided that no one shall be required under this section to answer or give any evidence tending to criminate himself ;

(e) require the production of any books, register or other documents, the keeping of which is prescribed in order to see that they are in conformity with the the provisions of this Act and rules and regulations framed thereunder and take into his custody, or make copies of, or extracts from, any such book register or other document;

(f) after informing the manager of a mine or his representative, take or remove, for the purpose of analysis samples of materials and substances used or handled in the mine].

Section 7. Powers of special officer to enter, measure, etc

Any person in the service of the 4[State] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, levelling or measuring in any mine, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or treasure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working if the mine 5[:]

1Certain words omitted by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 3.

2Ins. ibid.,

3Added ibid.,

4Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), for “Crown”, which had been subs. by A.O., 1937, for

“Government”.

5Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 4, for full stop.

1[Provided that no such notice need be given if, for reasons to be recorded, the Chief Inspector or Inspector is of opinion that there is an emergency.]

Section 8. Facilities to be afforded to Inspectors

Every owner agent and manager of a mine shall afford the Chief inspector and every Inspector and every person authorised under section I all reasonable facilities or making any entry, inspection, survey, measurement, examination or inquiry under this Act.

Section 9. Secrecy of information obtained

⸻(1) All copies of, and extracts from, registers or other records appertaining any mine, and all other information acquired by the Chief Inspector of an Inspector or by any one assisting him, it the course of the inspection of any spine under this Act or acquired lay any person authorised under section 7 in the exercise of his duties thereunder, shall he regarded as confidential, 2[and shall not he disclosed to any person tuber than a Magistrate 3[or a Commissioner for Workmen’s Compensation appointed under the Workmen’s Compensation Act, 1923 (VIII of 1923) or an official superior or the owner, agent or manager of the mine concerned, unless the Chief inspector or the Inspector considers disclosure necessary to ensure the or with the safety of any persons].

(2) If the Chief Inspector, or an Inspector, or any other persona referred to in sub-section (1) discloses 4[contrary to the provisions of sub-section (1)] any such information at aforesaid without the consent of 5[the appropriate Government], he shall be guilty of a breach of official trust., and shall lie punishable 6[with imprisonment for a term which may extend to one year, or with fine or with both].

(3) No court shall proceed to the trial of any offence, under this section 7[except with the previous sanction of the 8[appropriate Government]].

[9] Section 9A. Secrecy of source of compliant

The Chief Inspector or an Inspector shall treat as absolutely confidential the source of any complaint bringing to his notice a defect or breach of any provision of this Act or any rules or regulations made thereunder and shall not give any intimation to the owner of the mine or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.]

CHAPTER III

MINING BOARDS, AND COMMITTEE

Section 10. Mining Board

⸻(1) The 8[appropriate Government] may constitute 10[for any part of Pakistan] 11[or, as the case may be, of the Province], or for any group or class of mines 12[* * *] , a Mining Board consisting of⸻

1Proviso added ibid.,

2Added by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937),s. 3.

3Ins. by Act XLV of 1973, s. 5.

4Subs. by the Mines (Amdt.) Act 1973 (XLV of 1973)s. 5 for “to any one, other than a Magistrate or an officer to whom he is subordinate”.

5The original words “the G.G. in C. or the L.G.”, were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as

above.

6Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch. I, for “in the manner provided by section 4 of the Indian

Official Secrets Act, 1889”.

7Subs. by Act XXIX of 1937, s. 3, for the original words as amended by A.O., 1937.

8Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government".

9Ins. by Act XLV of 1973,s.6.

10The original words “for the province, or for any part of the province” were first subs. by A.O., 1937 and then amended by A.O., 1949, and

the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as

above.

11Ins. by A.O., 1964, Art. 2 and Sch.

12The words “in the province” were rep. by A.O., 1937.

(a) a person in the service of 1[the State], not being the Chief Inspector or an Inspector, nominated by the 2[appropriate Government] to act as Chairman ;

(b) the Chief Inspector or an Inspector;

3[(c) a person, not being the Chief Inspector or an Inspector, nominated by the 2[appropriate Government ];]

(d) two persons nominated by owners of mines or their representatives in such manner as may be prescribed ;

4[(e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions :—

(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 trade unions having in the aggregate as members not less than 1,000 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 2[appropriate Government] ;

(iii) if neither sub-clause (i) nor sub-clause (ii) is applicable, the said persons shall be nominated by the 2[appropriate Government]. Explanation. ⸻ In this clause ‘miner’ means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted.]

(2) The chairman shall appoint a person to act as secretary to the Board.

(3) The 2[appropriate Government] may give directions as to the payment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member.

Section 11. Committees

⸻(1) Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of⸻

(a) a chairman nominated by the 2[appropriate Government] or by such officer or authority as the 2[appropriate Government] may authorise in this behalf;

(b) a person nominated by the chairman and qualified by experience to dispose of the question referred to the Committee; and

1The original words “the Government”, were first subs. by the Indian Mines (Amdt) Act, 1940 (XXIV of 1940), s. 2 and then

amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above.

2Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government".

3Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3, for the original clause. (c).

4Clause (e) and the Explanation added, ibid. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3.

(c) two persons of whom one shall be nominated by the owner, agent or manager of the mine concerned, and the other shall be nominated by the 1[appropriate Government] to represent the interests of the persons employed in the mine.

(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, not with standing such failure, proceed to inquire into and dispose of the matter referred to it.

(4) The Committee shall hear and record such information as the Chief Inspector or the Inspector, 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 shall report its decision to the 1[appropriate Government.]

(5) On receiving such report the 1[appropriate Government] shall pass orders 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 1[appropriate Government] may proceed to review such decision and to pass such orders in the matter as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or manager of the mine.

(6) The 1[appropriate 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 the expenses of the inquiry including such remuneration.

Section 12. Powers of Mining Boards

⸻(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of 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 10 and every Committee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of

1908) for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects ; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1960).

Section 13. Recovery of expenses

The 1[appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the 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 resident, be recovered by the distress and sale of any movable property within the limits of the Magistrate's jurisdiction belonging to such 2[owner or agent].

1Subs. by A.O., 1964, Art.2 and Sch., for "Central Government"., which had been subs. by A.O., 1937, for "Local Government".

2Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch I, for “owner, agent or manager.”

CHAPTER IV

MINING OPERATION AND MANAGEMENT OF MINES

[1] Section 14. Notice before commencement of mining operations

⸻(1) The owner, agent or manager of a mine shall, in the case of an existing mine within one month from the commencement of the Mines (Amendment) Ordinance, 1973, or in the case of proposed mining operations, not less than fifteen days before the commencement of such operations, give to the Chief Inspector and the District Magistrate of the district in which the mine is situated or the operations will commence notice in writing in such form and containing such particulars as may be prescribed.

(2) If the proposed operations in respect of which notice is given under sub-section (1) are not commenced within sixty days from the date on which the notice was given, the said notice shall be deemed to have expired and no operations shall commence except after a notice has been given in accordance with that sub-section.]

Section 15. Managers

⸻(1) 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 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.

(2) If any mine is worked without there being a manager for the mine as required by sub-section (1), the owner and agent shall each be deemed to have contravened the provisions of this section.

Section 16. Duties and responsibilities of owners, agents and managers

⸻(1) The owner, agent and manager of every mine shall be responsible that all operations carried on in connection therewith are conducted in accordance with the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder.

(2) In the event of any contravention of any such provisions by any person whomsoever, 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 contravention:

Provided that the owner or agent shall not be so deemed if he proves⸻

(a) that he was not in the habit of taking, and did not in respect of the matter in question take, any part in the management of the mine; and

(b) that he had made all the financial and other provisions necessary to enable the manager to carry out his duties; and

(3) Save as hereinbefore provided, 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.

1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s, 7, for section 14.

CHAPTER V

PROVISIONS AS TO HEALTH AND SAFETY

Section 17. Conservancy

There shall be provided and maintained for every mine latrine and urinal accommodation of such kind and on such scale, and such supply of water fit for drinking, as may be prescribed.

[1] Section 17A. Canteens

At every mine wherein more than one hundred persons are ordinarily employed, a canteen of such standard as may be prescribed shall be provided for the use of persons employed therein.

Section 17B. Shelters

There shall be provided and maintained for use of persons working above ground in a mine, during intervals for rest, shelters of such standard and on such scale as may be prescribed.]

Section 18. Medical Appliances

At every mine 2[* * *], such supply of ambulances or stretchers, and of splints, bandages and other medical requirements, as may be prescribed, shall be kept ready at hand in convenient place and in good and serviceable order.

[3] Section 18A. First aid rooms

At every mine in respect of which the appropriate Government may, by notification in the official Gazette, declare this section to apply, there shall be provided first-aid rooms of such size, with such equipment and in charge of such medical and nursing staff as may be prescribed.]

19. Powers, of Inspectors when causes of danger not expressly provided against exist or whist employment of persons is dangerous.⸻(1) If, in any respect when is not provided against by any express provision of this Act or of the regulations, rules or bye-laws or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part thereof or any matter, tuning or practice in or connected with toe mine, or with the control, management or direction thereof, is dangerous to human life, 4[health] or safety, or defective so to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in which he considers the mine, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time as he may specify in the notice.

5[(1-A) Without prejudice to the generality of the provisions contained in sub-section (i), the Chief Inspector or the Inspector may, in any area to which the 6[appropriate Government] may by notification in the 7[Official Gazette] declares that this sub-section applies, by order in writing addressed to the owner, agent or manager of mine,___

8[*] prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, such operation is likely to cause the crushing of pilars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion adequate provision against the out- break of fire 9[or flooding] has not been made by providing for sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected, by a fire 10[or flooding]. 10[*]

1New sections 17A and 17B ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 8.

2Certain words omitted ibid., s. 9, these words were previously amended by various enactments.

3New section 18A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 10.

4Ins. ibid., s. 11.

5Sub-section (1A) ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 2, as amended by the Indian Mines (Amdt.) Act, 1937 (XXIX

of 1937), s. 2.

6Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Governor General in Council”.

7Subs. by A. O., 1937, for “Gazette of India”.

8The brackets and letter “(a) omitted by the Indian Mines (Amdt.) Act, 1940 (XXIV of 1940), s. 3.

9Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11.

10The word "or" omitted by Act XXIV of 1940, s.3.

1[* * * * * *]

And the provisions of sub-sections (3), (4), (5) and (6) shall apply to an order made under this sub-section as they apply to an order made under sub-section (2).]

(2) If the Chief inspector or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the life, 2[health] or safety of any person employed in any mine or part thereof he may, by an 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 part thereof any person where employment is not in his opinion reasonably necessary for the purpose of removing the danger.

(3) Where an order has been made under sub-section (2) by an Inspector, the owner, agent or manager of the mine may, within ten days after they confirm, modify or cancel the order.

(4) The Chief Inspector or the Inspector making a requisition under subsection (I) or an order under-section (2), and the Chief Inspector making an order (other than so order of cancellation) in appeal under sub-section (3), shall forthwith report the same to the 3[appropriate Government] and shall inform the owner, agent or manager of the mine that such report has been so made.

(5) If the owner, agent or manager of the mine objects to a requisition made under sub-section

(1) or to an order made by the Chief Inspector under sub-section (2), or sub-section (3), he may, within twenty days after the receipt of the notice containing the requisition of the order or after the date of the decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to the 3[appropriate Government], which shall refer the same to a Committee.

(6) Every requisition made under sub-section (1), or order made under sub-section (2) or sub-section (3) to which objection is made under sub-section (5) shall be complied with pending the receipt at the mine of the decision of the Committee:

Provided that the Committee may, on the application of tine owner, agent or manager, suspend the operation of a requisition under sub-section (1) pending its decision on the objection.

(7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898).

Section 20. Notice to be given of accidents

4[(1) Whenever there occurs in or about a mine⸻

(a) an accident causing loss of life or serious bodily injury, or

(b) an accidental explosion, ignition, spontaneous heating, outbreak of fire or eruption or inrush of water or other liquid matter, or

(d) a breakage of ropes, chains or other gear by which persons or materials are

lowered or raised in a shaft or an incline, or

1The clause (b) omitted by Act XXIV of 1940, s.3.

2Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11.

3Subs. by A.O., 1964, Art.2 and Sch., for "Central Government". Which had been subs. by A.O., 1937, for "Local Government".

4Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 12, for sub-section (1) which was previously amended by the Indian Mines

(Amdt.) Act, 1935 (5 of 1935), s. 4.

(e) an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or

(f) an electric shock or burn caused by contact with a conductor carrying more than 25 volts, or

(g) any other accident that may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authorities, in such form and within such time as may be prescribed.

(1A) Where a notice given under sub-section (1) relates to an accident causing loss of life, the Inspector shall make, or, where the authority receiving the notice is one other than the Inspector, that authority shall cause the Inspector to make, an inquiry into the occurrence as early as possible on receipt of such notice or on Information received otherwise.

(1B) When an accident causing loss of life occurs, the place of accident shall not be disturbed or tampered with for three clear days from the date of such accident unless the Inspector has earlier inspected it or given intimation that it is not proposed to make an inquiry:

Provided that the place of accident may be disturbed if it is necessary for securing the safety of the mine or the persons employed therein, subject to the following conditions :___

(a) the decision that it is necessary to disturb the place must be taken by the manager ;

(b) the disturbance must not prejudice subsequent investigation ;

(d) an accurate plan must be made and copies thereof made available to the Inspector and the workers' representative ; and

(e) everything which is relevant to the accident must be preserved as far as possible, in the condition in which it was at the time of the accident.]

1[(2) The 2[appropriate Government] may, by notification in the 3[Official Gazette] direct that accidents other than those specified in subsection (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty-eight hours, shall be entered in a register in the prescribed form shall be subject to the provisions of sub-section (1).

(3) A copy of the entries in the register referred to in the sub-section (2) shall be sent by the owner, agent, or manager, of the mine, within fourteen days after the 30th day of June and the 31st. day of December in each year to the Chief Inspector.]

1Sub-sections (2) and (3) were added, by Act V of 1935, s. 4.

2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.

3Subs. by A. O., 1937, for “local official Gazette”.

[1] Section 20A. Notice of occupational diseases

(1) Where any person employed in a mine contracts or is believed to have contracted any disease notified by the appropriate Government in the official Gazette as an occupational disease peculiar to any mining operation, the owner, agent or manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities, in such form and within such time as may be prescribed.

(2) The appropriate Government may, by order, appoint such qualified medical practitioners on such terms and conditions as it thinks fit to be certifying doctors for the purpose of this section within such local limits as it may specify in the order.

(3) If the Chief Inspector or an Inspector has reason to believe that any person working in a mine has contracted a disease notified under sub-section (1), he may refer that person to the certifying doctor for his opinion.

(4) If any qualified medical practitioner attends on a person who is or has been employed in a mine and who is or is believed by the medical practitioner to be suffering from any disease notified under sub-section (1), the medical practitioner shall without delay send a report in writing to the Chief Inspector stating___

(a) the name and address of the patient ;

(b) the disease from which the patient is or is believed to be suffering ; and

(5) Where the report under sub-section (4) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying doctor that the person is suffering from a disease notified under sub-section (1), the Chief Inspector shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contracted the disease.

(6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the owner, agent or manager of the mine to shift for any specified period a person who has contracted an occupational disease to such working place where there is less or no danger of aggravation of the disease.]

Section 21. Power of Government to appoint court of inquiry in cases of accidents

(1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in or about any mine, the 2[appropriate Government], if it is of opinion that a formal inquiry into the causes of, and circumstances attending, the accident ought to be held, may appoint a competent person to hold such inquiry, and may also appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.

(2) The person appointed to hold any such inquiry shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860).

1New section 20A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 13.

2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.

(3) A person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry.

(4) The person holding an inquiry under this section shall make a report to the 1[appropriate Government] stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make.

Section 22. Publications of reports

― The 1[appropriate Government] may cause any report submitted by a committee under section 11 2[and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit.

CHAPTER VI

Hours and Limitation of Employment

[3] Section 22A. Weekly, day of rest

― No person shall be allowed to work in a mine on more than six days in any one week.

Section 22B. Hours of work above ground

⸻(1) A person employed above ground in a mine shall not be allowed to work for more than 4[forty eight] hours in any week or for more than 5[eight] hours in any day.

(2) The periods of work of any such person shall be so arranged that, along with his intervals for rest, they shall not in any day spread over more than 6[ten and a half] hours, and that be shall not work for more than 7[five] hours before he has bad an interval for rest of at least 8[half an] hour.

(3) Persons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment:

Provided that for the purposes of this sub-section persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times.

Section 22C. Hours of work below ground

(1) A person employed below ground in a mine shall not be allowed to work for more than 9[eight] hours in any day.

(2) Work of the same kind shall not be carried on below ground is any mine for a period spreading over than [eight] hours in any day except by a system of relays so arranged that the periods of work for each relays are not spread over more than 8[eight] hours.

(3) No person employed in a mine shall be allowed to be in any part of the mine below ground except during the periods of work shown in respect of him in the register kept under sub-section (1) of section 28.

1Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”.

2Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for “or”

3Sections 22A to 22D were ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 6.

4Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 14, for “fifth four”.

5Subs. ibid., for “ten”.

6Subs. ibid., for “twelve”.

7Subs. ibid., for “six”.

8Subs. ibid., for “one”.

9Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 15. for “nine”.

Section 22D. Special provision for night relays

― Where a worker works in a relay whose period of work extends over midnight, the ensuing day for him shall be deemed to be the period of twenty-four hours beginning at the end of the period of work fixed for the relay, and hours be has worked after midnight shall be counted towards the previous day.

[1] Section 23. Prohibition of employment of certain persons

― No person shall be allowed to work in a mine who has already been working in any other mine within the preceding twelve bouts.]

223A. [Limitation of working hours.]― Repealed by the Indian mines [Amendment) Act, 1935 (S of 1935), s. 8.

[3] Section 23B. Notices regarding bouts of work

(1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and if it is proposed to work by a system of 4[relays] the time of the commencement and of the end of work for each 5[relay] 6[The notice shall also state the time of the commencement and of the end of the intervals for rest fixed for persons employed above ground] A copy of each such notice shall be sent to the Chief Inspector, if he so requires.

(2) In the case of a mine at which mining operations commence after the 14th day of April, 1930 the notice referred to in sub-section (1) shall in posted not less than seven days before the commencement of work.

(3) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any 7[relay or in the rest intervals fixed for persons employed above ground] an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change 8[* * *].]

9[(4) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub-section (1)]

[10] Section 23C. Employment of women

(1) No woman shall be employed in any part of a mine which is below ground.

(2) No woman shall be allowed to work in a mine above ground between the hours of 7 P.M. and 6 A. M.

(3) The previsions of this section shall not apply to women who do to perform manual work and are___

(a) holding positions of managerial or technical character ; or

(b) employed in health and welfare services.]

1Subs. by the Indian Mines (Amendment) Act. 1935 (V of 1935). s. 7 for the original section.

2This section was ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 3.

3Section 23B ins, ibid.

4Subs. by Act, V of 1935, s. 9 for “shifts”.

5Subs. ibid. for “shift”.

6Ins. ibid.

7Subs. by the Indian Mines (Amendment) Act, 1935 (V of 1935), s. 9 for “shifts”

8The comma and the words “, if he so requires or if the original notice was sent to him” omitted, ibid.

9Sub-section (4) ins, ibid.

10Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 16, for section 23C, which was previously amended by the Mines (Amdt.) Act,

1951 (XXIX of 1951), s. 2.

[1] Section 24. Supervising staff

Nothing in section 22B, section 22C, section 23, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in health and welfare services or employed in any confidential capacity.]

Section 25. Exemption from provisions regarding employment

2[(1)] In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section

22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein:

Provided that, where such occasion arises, a record of the fact shall immediately be made by the manager and shall be placed before the Chief Inspector or the Inspector at his next inspection of the mine.

4[(2) When as a result of grant of an exemption to any mine from the provisions of section 22A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of rest of which he has been deprived.

(3) In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, fine limit of hours of work provided in section 22B or section 22C may, with the prior approval of the Chief Inspector, be raised to not more than fifty-six hours in any week or ten hours in any day.

(4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not exceeding ninety days in arty calendar year, within the maximum limits of___

(a) ten hours of work in any one day, and

(b) twelve hours of spread over, inclusive of intervals for rest or meal, in any one

day.

(5) Subject to the maximum limits specified in sub-section (4), the appropriate Government may, by order, grant permanent exemption, to such extent and subject to such conditions as may be specified in the order, to a class of workers engaged either on preparatory car complementary work which must necessarily be carried on outside the mines or on work which is essentially intermittent].

[5] Section 25A. Extra stages for overtime

(1) Where in a mine a person. works for more than eight hours in any day or works for more than forty-night hours in any week, whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him.

1Subs. by Act XXIX of 1951, s. 3., for the original s. 24, as amended by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 10.

2Re numbered as sub-section (I) of that section by Act XLV of 1973, s. 17.

3Subs. by Act V of 1935, s. 11, for “section 23 or section 23A”.

4Added by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 17.

5Ins. ibid., s. 18.

Explanation.___In this sub-section ordinary rate of wages means all remuneration capable of being expressed in terms of money which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include___

(i) the value of any house-accommodation, supply of light, water, medical attendance or other amenity ;

(ii) any contribution paid by the owner to any pension fund or provident fund ;

(iii) any travelling allowance or the value of travelling concession ;

(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment ; or

(v) any gratuity, bonus, overtime allowance or share in profits of the mine.

(2) Where any person employed in a mine is paid on a piece-rate basis the appropriate Government, in consultation with the employer concerned and the representatives of the persons employed in the mine may, for the purposes of this section fix time rates as nearly as possible equivalent to the average rate of earnings of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rates of wages of such persons.

(3) The appropriate Government may prescribe the registers that shall be maintained in a mine for the purpose of securing compliance with the provisions of this section.]

Section 26. Children

No child shall be employed in a mine, or be allowed to be present in any part of a mine which is below ground.

[1] Section 26A. —Young persons not to be employed without certificates of fitness

No person who has not completed his seventeenth year shall be 2[employed to any part of a mine], unless:

(a) a certificate of fitness in the prescribed form and granted to him by a qualified medical practitioner is in the custody of the manager of the mine, and

(b) he carries while at work a token giving a reference to such certificate.]

[3] Section 26B. Limitation of working hours for young persons

No person who his not completed his seventeenth year shall be permitted to work in any part of a mine, either below ground or above ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest of at least twelve consecutive hours which shall include at-least such seven consecutive hours between the hours of 7 p.m. and 7 a.m. as may be prescribed :

Provided that nothing in this section shall apply to any such person while employed or permitted to work in any mine as an apprentice or for the purpose of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed 4[:]

1Section 26A ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935) s. 12.

2Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 2, for “allowed to be present in any part of a mine which is below ground”.

3Section 26B ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 4.

4Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 19, for the full-stop.

1[Provided further that such person while so employed or permitted to work, shall be granted a rest period of at least thirteen consecutive hours between two working periods.]

Section 27. Dispute as to age

(1) If any question arises between the Chief inspector or the Inspector and the manager of any mine as to whether any Person is a child 2[or has not completed his seventeenth year] the question shall, in the absence of a certificate as to the age of such person granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner.

(2) Every certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practitioner on a reference under sub-section (1) shall, for the purposes of this act, be conclusive evidence as to the age of the person to whom it relates.

[3] Section 28. Register of employees

(1) For every mine there shall be kept, in the prescribed form and place a. register of all persons employed in the mine showing, in respect of each such person,___

(a) 4[name, date of birth and the nature] of his employment,

(b) the periods of work fixed for him,

(d) the days of rest to which he is entitled, and

(e) where work is carried on by a system of relays, " the relay to which be belongs.

(2) The entries in the register prescribed by sub-section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter.

(3) No person shall be employed in a mine until the particulars required by sub-section (1) have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register.

(4) For every mine which the 5[appropriate Government] may, by general or special order, declare this sub-section to be applicable, there shall be kept in the prescribed form and place a register which shall show at any moment the name of every person then working below ground in the

mine. ]

6[CHAPTER VI-A] LEAVE AND HOLIDAYS WITH WAGES

Section 28A. Application of the Chapter

Nothing in this Chapter shall affect any right or, privilege to which a person employed in a mine has been entitled on the date of coming into force of the Mines (Amendment) Ordinance, 1973,

1Proviso added ibid.

2Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 13.

3Subs. ibid., s. 14, for the original section 28.

4Subs. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 5, for “the nature”.

5Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”.

6New Chapter VI-A ins by the Mines (Amdt.) Act, 1973 (XLV of 1973),s.20.

under any existing law or under any award, agreement, settlement, contract, custom or usage if such right or privilege is more favourable to him, nor shall such right or privilege be combined with or be in addition to, the benefits under the provisions of this Chapter.

Section 28B. Annual leave with wages

⸻(1) Every person who has completed one year of continuous service in a mine shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated, at the rate of⸻

(a) one day for every seventeen days of work performed below ground during the previous period of twelve months ;

(b) one day for every twenty days of work performed above ground during the previous period of twelve months:

Provided that a period of leave shall be inclusive of any holiday which may occur during such period.

(2) If a person employed in a mine does not, in any such period of twelve months, take the leave to which he is entitled under subsection (1), either in whole or in part, such leave not taken by him shall be added to the leave to be allowed to him under that subsection in the succeeding period of twelve months:

Provided that such person shall cease to earn leave under this section when the leave due to him amounts to twenty days: Provided further that any leave applied for by a person but refused by the owner, agent or manager of the mine for any reason shall be added to the credit of such person beyond the aforesaid limit.

(3) If a person entitled to leave under subsection (1) is discharged before he has been allowed the leave or, if having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under section 28E in respect of the leave.

(4) For the purpose of this section, a person shall be deemed to have completed a period of continuous service in a mine notwithstanding any interruption in service during that period due to___

(a) any holiday;

(b) any leave with wages;

(d) any maternity leave not exceeding twelve weeks ;

(e) any period of layoff arising due to failure, refusal or inability of any owner on account of shortage of coal, power or raw material or the accumulation of stock or the breakdown of machinery or for any other reason, to give employment to a person whose name is borne in the muster rolls of his mine ; or

(f) a strike which is not illegal or a lockout which is not legal.

Section 28C. Festival holidays

Every person employed in a mine shall be allowed, with wages, such festival holidays as are declared by' the appropriate Government to be public holidays.

Section 28D. Casual leave and sick leave

Every person employed in a mine shall be entitled in a year to ten days' casual leave on full wages and sixteen days' sick leave on half average wages:

Provided that casual leave or sick leave admissible under this section shall not be accumulated and carried forward to the succeeding year.

Section 28E. Wages during leave or holiday periods

For, the leave or holidays allowed to a person under the provisions of this Chapter, he shall be paid.____

(a) in case of lease with full wages, at the rate equal to the daily average of his wages for the days on which be actually worked during the preceding three months ; and

(b) in case of leave with half average wages, at the rate equal to half daily average of this wages as aforesaid.

Section 28F. Payment in advance in certain cases

Any person who has been allowed leave for not less than four days under section 28B shall, before his leave begins, be paid the wages due for the period of the leave allowed.

Section 28G. Power of Inspector to act for workers

Any Inspector may institute proceedings on behalf of any person who has been or is employed in a mine to recover any sum required to be, but not, paid by an owner, agent or manager in accordance with this Chapter.]

CHAPTER VII

REGULATIONS, RULES AND BYE-LAWS

Section 29. Power of appropriate Government to make regulations

The 1[appropriate Government] may, by notification in the 2[official Gazette], make regulations consistent with this Act for all or any of the following purposes, namely:___

(a) for prescribing the qualifications to be required by a person for appointment as Chief Inspector or Inspector ;

(b) for prescribing and regulating the duties and powers of the Chief inspector and of Inspectors in regard to the inspection of mines under this Act ;

(d) for prescribing the qualifications of managers of mines and of persons acting under them ;

(e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency ;

1Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937 for "Governor General in Council".

2Subs. by A. O., 1937, for “Gazette of India”.

(f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates ;

(g) for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mine or mines to be under a manager not having the prescribed qualifications;

(h) for providing for the making of inquiries into charges of misconduct or incompetency on the part of managers of mines and persons action under them and for the suspension and cancellation of certificate of competency ; 1(hh) for providing for the appointment in mines wherein two hundred and fifty or more persons are ordinarily employed of such number of welfare and safety officers as may be specified and for prescribing the qualifications and the duties to be performed by such officer;]

(i) for regulating, subject to the provisions of the Explosives Act, 1884 (IV of 1884), and of any rules made thereunder, the storage and use of explosives ; 1[(ii) for regulating, subject to the provisions of the Electricity Act, 1910 (IX of 1910), and the rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines ;]

(j) for prohibiting, restricting or regulating the employment in mines or in any class of mines of women either below ground or on particular kinds of labour which are attended by danger to the life, safety or health of such women ; 1[(jj) for providing for and regulating the training of persons before they are employed in mines and also during the period of employment at such intervals as may be prescribed;

(jjj) for providing for and regulating the medical examination of the persons before they are employed in mines and also during the period of employment at such intervals as may be prescribed ;]

(k) for providing for the safety of the persons employed in a mine, their means of entrance there into and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidences ; 2[(kk) for prohibiting the employment in a mine either as manager or in any other specified capacity of any persons except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine] ;

1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.

2Cl. (kk) ins. by the Indian Mines (Amdt.) Act, 1940, (XXIV of 1940), s. 4.

(l) for providing for the safety of the roads and working places in mines, including the siting and maintenance of pillars and the maintenance of sufficient barriers between mine and mine ; 1[(ll) for prescribing the size of travelling roads in a mine, through which load is carried by human agency and limit of load and the distance to which it is carried ;

(lll) for providing for and regulating the inspection of workings, disused working and sealed off fire areas in mines and for the restriction of working in a mine under or in the vicinity of goaves or the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public roads, or buildings; ]

(m) for providing for 2[and regulating] the ventilation of mines and the action to be taken, in respect of dust 3[ionising radiations, radioactive gases and dust, fire and inflammable] and noxaious gases ;

(n) for providing for the care, and the regulation of the use, of all machinery, 4[plant, equipment and material in mines]; 1[(nn) for providing for the safety of persons present on haulage roads in mines and for prohibiting, restricting or regulating the use of certain classes of locomotives underground; ] 5[(o) for providing for adequate and suitable lighting in mines and for requiring and regulating the use of safety lamps and for the search of persons entering a mine for the prescribed prohibited articles ; ] 1[(oo) for prescribing protective equipments and clothings and breathing, apparatus for all persons or classes of persons employed in mines or classes of mines and requiring and regulating the use of such protective equipments, clothings and apparatus;] 6[(p) for providing against explosions or ignitions or irruptions of or accumulations of water in mines and against danger arising therefrom, and for prohibiting, restricting or regulating the extraction of minerals in circumstances likely to result in or to aggravate irruptions of water or ignitions in mines;]

(q) for prescribing the notices of accidents and dangerous occurrences, and the notices, reports and returns of minerals output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted;

1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.

2Ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3.

3Subs. by Act XLV of 1973, s. 21.

4Subs. by Act XLV of 1973, s. 21, for “and plant and of all electrical apparatus used for signaling purposes.”

5Subs. ibid., s. 21, for clause (o).

6Subs. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3, for the original clause (p).

1[(qq) for prescribing the form of, the authorities to whom, and the time within which, the notice required by sub-section (1) of section 20A shall be sent by the owner, agent or manager of a mine, and the fees to be paid to the medical practitioners under sub-section (5) of that section; ]

(r) for prescribing the plans to be kept by owners, agents and managers of mines and the manner and places in which such plans are to be kept for purposes of record ;

(s) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines.

(t) for prescribing the form of, and the particulars to be contained in the notice to be given by the owner, agent or manager of a mine under section 14; and

(u) for prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty yards of any railway subject to the provisions of the Railways Act, 1890 (IX of 1980), or of any public work or classes of public works: which the 1[appropriate Government] may, by general or special order, specify in this behalf.

Section 30. Power of appropriate Government to make rules

The 2[appropriate Government] may, 3[* * *] by notification in the 4[official Gazette], make 5rules consistent with this Act for all or any of the following purposes, namely:⸻

(a) for providing for the appointment of chairman and members of Mining Boards, and for regulating the procedure of such Boards;

6[(aa) for prescribing the form of the register referred to in sub-section (2) of section 20;]

7[(aaa) for requiring facilities and security of service to be provided to managers of mines and other persons acting under them for enabling them to efficiently discharge their duties;]

(b) for providing for the appointment of courts of inquiry under section 21, for regulating the procedure and powers of such courts, for the payment of travelling allowance to the members and for the recovery of the expenses of such courts from the manager, owner or agent of the mine concerned ;

8[(bb) for requiring the maintenance in mines wherein any women are ordinarily employed of suitable rooms to be reserved for the use of children under the age of six years belonging to such women, and for prescribing either generally or with particular reference to the number of women ordinarily employed in the mine, the number and standards of such rooms, and the nature and extent of the supervision to be provided therein ;]

1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.

2Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937, for "Local Government".

3The words “subject to the control of the Governor General in Council” omitted by A.O., 1937.

4Subs. ibid., for “local official Gazette”.

5For the Consolidated Mines Rules, 1952, see Gaz. of P., 1952, Pt. I, pp. 175-180.

6Cl. (aa) ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15.

7Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.

8Cl. (bb) ins. by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 2.

1[(bbb) for requiring for the maintenance at or near pit-heads of bathing places equipped with shower baths and of locker-rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the number of men and women ordinarily employed in a mine, the number and standards of such places and rooms ;] 2[(bbbb)for prescribing the standard in respect of construction, accommodation, furniture and other equipment of the canteens, the food-stuffs to be served therein and the charges which may be made therefore and the representation of the persons employed in the mines in the management of such canteens ; ]

(c) for prescribing the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking-water, 2[the standard of first-aid rooms and shelters, the equipment and furniture therein and the nature and extent of supervision to be provided therefore,] the supply and maintenance of medical appliances and comforts, 3[* * *], and the training of men in ambulance work ;

4[(cc) for prescribing the forms of notices required under section 23B, and for requiring such notices to be posted also in specified vernaculars ;] 5[(ccc) to fix seven consecutive hours between 7 p.m. and 7 a.m. for the purposes of section 26 B ;

(cccc) to specify the circumstances in which and conditions in accordance with which a young person may be employed or permitted to work as an apprentice or for the purposes of receiving vocational training in a mine for the purposes of the proviso to section 26B ;]

(d) for defining the persons who shall, for the purposes of section 24, be deemed to be persons holding positions of supervision or management or employed in a confidential capacity ;

(e) for prohibiting the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner 6[to have completed their fifteenth year], and for prescribing the manner and the circumstances in which such certificates may be granted and revoked ; 7[(ee) for prescribing the form of the certificates of fitness required by section 26A and the circumstances in which such certificates may be granted and revoked ;]

(f) for prescribing the form of 8[registers] required by section 28;

1Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s . 2.

2Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.

3The words “the formation and training of rescue brigades” omitted by the Indian Mines (Amendment) Act, 1936 (XI of 1938), s. 4.

4Cl. (cc) ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 6.

5Ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951),s. 6.

6Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15, for “to be more than thirteen years of age”.

7Cl. (ee) ins. ibid.

8Subs. ibid., for “register”.

1[(ff) to fix the time rates for the persons employed on piece-rated and for requiring the maintenance of payment registers overtime work and prescribing the form thereof ;

(fff) for prescribing the forms in which record of applications for leave, the grant or refusal thereof and the payment of wages during leave and holidays with wages is to be kept ; ]

(g) for prescribing abstracts of this Act 2[and of the regulations and rules] and the vernacular in which the abstracts and 3[* * *] bye-laws shall be posted as required by sections 32 and 33 ;

(h) for requiring the fencing of any mine or part of a mine, whether the same is being worked or not, where such fencing is necessary for the protection of the public ;

(i) for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in 4[Government] or any local authority or railway company as defined in the Railways Act, 1890 (IX of 1890) ;

(j) for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports; the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times within which they are to be submitted ; and

(k) generally to provide for any matter not provided for by this Act or the regulations, provision for which is required in order to give effect to this Act.

[5] Section 30A. Power of appropriate Government to require rescue stations to be established

The 6[appropriate Government] may, by notification in the 7[official Gazette], make 8[rules] under this section- 9[(a) requiring the establishment of central rescue stations for groups of specified mines or for all mines in a specified area, and prescribing how and by whom such stations shall be established ;

(b) providing for the management of central rescue stations, and regulating the constitution powers and functions of, and the conduct of business by, the authorities (which shall include representatives of the owners and managers of, and of the miners employed in, the mines or groups of mines concerned) charged with such management ;

1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22.

2Ins. by the Repealing and Amending Act, 1925 (XXVII of 1925), s. 2 and Sch. I.

3The words “the regulations, rules and” omitted, ibid.

4Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).

5Section 30-A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 5.

6Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937 for “Governor General in Council”.

7Subs. by A.O., 1937, for “Gazette of India”.

8Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 4, for “regulations”.

9Subs. ibid., for the original clauses (a), (b), (c) and (d).

(d) providing for the levy and collection of a duty of excise (at a rate not exceeding 1[three paisa] per ton), on coke and coal produced in and despatched from mines specified under clause (a) in any group or included under clause (a) 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;

(e) providing for the formation, training, composition, and duties of rescue brigades ; and

(f) providing generally for the conduct of rescue work in mines.]

Section 31. Prier publication of regulations and rules

⸻(1) The power to make regulations and rules conferred by sections 29, 2[30 and 30A] is subject to the condition of the regulations and rules being made after previous publication.

(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information.

(3) Before the draft of any regulation 3[* *] is published under this section it shall be referred 4[* * *] to every Mining Board constituted in 5[Pakistan], 6[which is, in the opinion of the 7[appropriate Government], concerned with the subject dealt with by the regulation] 8[* *]; and the regulation 3[* *] shall not be so published until 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.

9[(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted 10[in the part of 5[Pakistan] affected by the rule], and unless each Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.]

(4) Regulations and rules shall be published in the 11[official Gazette] 12[* * *], and, on such publication, shall have effect as if enacted in this Act.

1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 23, for “six pies”

2Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 5, for “and 30”.

3The words “or rule” omitted by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 7.

4The words “in the case of a regulation” omitted, ibid.

5Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for

“the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”.

6Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 16.

7Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”.

8The words “and in the case of a rule to every Mining Board constituted in the province” omitted by Act XIII of 1928, s. 7.

9Sub-section (3A) ins., ibid.

10Subs. by A.O., 1937, for “in the province for which it is proposed to make the rule”.

11Subs. by A.O., 1937, for “Gazette of India”.

12The words “and the local official Gazette, respectively” were omitted, ibid.

1[(5) The provisions of sub-sections (1), (2) and (3A) shall not apply to the first occasion on which rules referred to in clause (bb) 2[or clause (bbb) of section 30 are made.]

[3] Section 31A. Power to make regulations without previous publication

Notwithstanding anything contained in sub-sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be made without previous publication and without previous reference to Mining Boards, if the 4[appropriate Government] is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference:

Provided that any regulations so made shall not remain in force for more than two years from the making thereof.]

Section 32. Bye-laws

⸻(1) The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye-laws, not being inconsistent with this Act or any regulations or rules for the time being in force, for the control and guidance of the persons acting in the management of, or employed in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.

(2) If any such owner, agent or manager⸻

(a) fails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or

(b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector sufficient, the Chief Inspector or Inspector may⸻

(i) propose a draft of such bye-laws as appear to him to be sufficient, or

(ii) propose such amendments in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the owner, agent or manager, as the case may be, for consideration.

(3) If 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 Inspector to the owner, agent or manager under the provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager, are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief Inspector or Inspector shall refer the draft bye-laws for settlement to the Mining Board or, where there is no Mining Board, to such officer or authority as the 5[appropriate Government] may, be general or special order, appoint in this behalf.

1Added by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 3, as amended by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s. 3.

2Ins. by Act II of 1946, s. 3.

3Section 31A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 6.

4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”.

5Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.

(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 unable to agree, have been settled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to the 1[appropriate Government] for approval.

(b) The 1[appropriate Government] may make such modifications of the draft bye-laws as it thinks fit.

(c) Before the 1[appropriate Government] approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the 1[appropriate Government] may think best adapted for informing the persons affected, notice of the proposal to make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft bye-laws, made by or on behalf of persons affected should be sent to the 1[appropriate Government].

(d) Every objection shall be in writing and shall state⸻

(i) the specific grounds of objection, and

(ii) the omissions, additions and modifications asked for,

(e) The 1[appropriate Government] shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which they were published or after making such amendments thereto as it thinks fit.

(5) The bye-laws, when so approved by the 1[appropriate Government], shall have effect as if enacted in this Act, and the owner, agent or the manager of the mine shall cause a copy of the bye-laws, in English and in such vernacular or vernaculars as may be prescribed, to be posted up in some conspicuous place at or hear the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as often as the same became defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch.

(6) The 1[appropriate Government] may, by order in writing, rescind, in whole or in part, any bye-law so made, and thereupon such bye-law shall cease to have effect accordingly.

Section 33. Posting up of abstracts from Act, regulations, etc

There shall be kept posted up or near, every mine in English and in such vernacular or vernaculars as may be prescribed, the prescribed abstracts of the Act and of the regulations and rules.

CHAPTER VIII

PENALTIES AND PROCEDURE

Section 34. Obstruction

⸻(1) Whoever obstructs the Chief Inspector, an Inspector or any Person authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, an Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act in relation to any mine, shall

1Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.

be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1[one thousand] rupees, or with both.

(2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent, any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this Act shall be punishable with fine which may extend to 2[six] hundred rupees.

Section 35. Falsification of records, etc

⸻ Whoever⸻

(a) counterfeits, or knowingly makes a false statement in, any certificates, or any official copy of certificates, granted under this Act, or

(b) knowingly uses as true any such counterfeit or false certificate, or

(c) makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this Act, or any employment in a mine, or

(d) falsifies any plan or register or record the maintenance of which is required by or under this Act,

(e) makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief

true.

shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 3[one thousand] rupees, or with both.

Section 36. Omission to furnish plans, etc

Any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner at or within the prescribed time any plan, return, notice, register, record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to 4[four] hundred rupees.

Section 37. Contraventions of provisions regarding employment of labour

Whoever save as permitted by section 25 contravenes any provision of this Act or of any regulation, rule or bye-law or any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with fine which may extend to 5[one thousand] rupees.

Section 38. Notice of accidents

⸻6[(1)] Wherever, in contravention of the provision 7[of sub-section (1)] of section 20, fails to give notice of any accidental occurrence shall,

1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “Five hundred”.

2Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “three”.

3Subs. ibid., s. 25, for “five hundred”.

4Subs. ibid., s. 26, for “two”.

5Subs. ibid., s. 27, for “five hundred”.

6Original section 38 re-numbered as sub-section (1) by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 17.

7Ins. ibid.

if the occurrence results in serious bodily injury be punishable will fine which may extend to 1[one thousand] rupees or, if the occurrence results loss of, life, be punishable with imprisonment which may extend to the months or with fine which may extend to 1[one thousand] rupees, or with both.

2[(2) Whoever in contravention of a direction made by the 3[appropriate Government] under sub-section (2) of section 20 fails to record in the presented register or to give notice of any accidental occurrence shall be punishable with fine which may extend to 1[one thousand] rupees.]

Section 39. Disobedience of orders

Whoever contravenes any provisions of the Act or of any regulation, rule or bye-law or of any order made thereunder for the contravention of which no penalty is hereinbefore provided shall be punish able with fine which may extend to 4[two] thousand rupees, and, in the case of a continuing contravention, with a further fine which may extend to 4[two] hundred rupees for every day on which the offender is proved to have persisted in the contravention after the date of the first conviction.

Section 40. Contravention of law with dangerous results

⸻(1) Notwithstanding anything hereinbefore contained whoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder, shall be punishable, if such contravention results in loss of life, with imprisonment which may extend to one year, or with fine which may extend to 5[four] thousand rupees, or with both; or, if such contravention results in serious bodily injury, with imprisonment which may extend to six months, or with fine which may extend to 6[two] thousand rupees, or with both; or, if such contravention otherwise causes injury, or danger to workers or other persons in or about the mine with imprisonment which may extend to one month, or with fine which may extend to 7[one thousand] rupees or with both.

(2) Where a person having been convicted under this section is again convicted thereunder, be shall be punishable with double the punishment provided by sub-section (1).

(3) Any Court imposing, confirming in appeal, revision or otherwise, a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured, or, in the case of his death, to his legal representative

Provided that, if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal has been presented, before the decision of the appeal.

[8] Section 40A. Special provision regarding fine

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees authorised by this, Act on any person convicted of an offence thereunder.]

Section 41. Prosecution of owner, agent or manager

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 Inspector authorised in this behalf by general or special order in writing by the Chief Inspector.

1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 28, for “five hundred”.

2Sub-section (2) added, by Act V of 1935, s. 17.

3Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.

4Subs. by Act XLV of 1973, s. 29, for “one”.

5Subs. ibid., for “two thousand”.

6Subs. ibid., s. 30, for “one thousand”.

7Subs. ibid., for “five hundred”.

8Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 31.

[1] Section 42. Limitation of promotion

No court shall take cognizance of any offence under this Act unless complaint thereof has been made⸻

(i) within six months of the date on which the offence is alleged to have been committed, or

(ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, or

(iii) in any case where a person has beet, appointed by the appropriate Government under section 21 to hold an inquiry, within six months of the date of the making of the report referred to in sub-section (4) of that section, whichever is the later.]

Section 43. Cognizance of Offences

No Court inferior to that of a 2[* * *] Magistrate of tine first class shall try any offence under this Act which is alleged to, have been committed by any owner agent or manager of a mine or any offence which is, by this Act made punishable with imprisonment.

Section 44. Reference to Mining Board or Committee in lieu of prosecution in certain cases

⸻(1) If the Court trying any case instituted at the instance of the Chief Inspector or of the District Magistrate or of an Inspector under this Act is of opinion that the case is one which should in lieu of a prosecution, be referred to a Mining Board or a Committee, it may stay the Criminal proceedings and report the matter to the 3[appropriate Government] with a view to such reference being made.

(2) On receipt of a report under sub-section (1), the 3[appropriate Government] may refer the case to a Mining Board or a Committee, or way direct the Court to proceed with the trial.

CHAPTER IX

MISCELLANEOUS

Section 45. Decision of question whether a mine is under this Act

⸻ If any question arises as to whether any excavation or working is a mine within the meaning of this Act, the 3[appropriate Government] may decide the question, and a certificate signed by a Secretary of the 3[appropriate Government shall be conclusive on the point.

Section 46. Power to exempt from operation of Act

⸻(1) The 4[appropriate Government] may, by 5notification in the 6[Official Gazette], exempt 7[either absolutely or subject to any specified conditions] any local area or any mine or group or class of mines or any part of a mine or any class of persons from the operation of all or any specified provisions of this Act:

Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 26 unless it is also exempted from the operation of all the other provisions of this Act 8[:]

1Subs. ibid., s. 32, for the original section 42.

2The words “Presidency Magistrate or” omitted by A.O., 1949.

3Subs. by A.O., 1964., Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.

4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in

Council”.

5For Notifying Exempting the Attock Oil Co. Ltd., from the provisions of sub-section (2) of section 22B of this Act, see Gaz. of P., 1953,

Pt. I, p. 122.

6Subs. by A.O., 1937, for “Gazette of India”.

7Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 18.

8Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3, for fullstop.

1[Provided further that no exemption from the operation of the provisions of section 23C shall be granted unless, in case of an emergency, the national interest so requires and the employers’ and workers’ organisation have been consulted 2[:]

3[Provided further that no exemption from the operation of the provisions of section 22B or section 22C or section 25A shall be granted except in the event of war or other emergency threatening the national safety.

4[* *

* *

Section 47. Power to alter or rescind orders

The 5[appropriate Government] 6[* * *] may reverse or modify any order passed under this Act 7[* * *] .

Section 48. Application of Act to Government mines

This Act shall apply to mines belonging to the 8[Government].

Section 49. Saving

No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this Act.

50. [Repeals] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule.

THE SCHEDULE. [ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1927 (XII of

1927), s. 2 and Schedule.

___________________

Dated: 05.04.24

1Proviso added. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3.

2Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33, for fullstop.

3Proviso added. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33.

4Sub-section (2) omitted by A.O., 1937.

5Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in

Council”.

6The words “and every Local Government” omitted, by A.O., 1937.

7The words “by any authority subject to his or its control, as the case may be” omitted, ibid.

8Subs. by A.O., 1961, Art, 2., for “Crown” (with effect from 23rd March, 1956).

Print contents from the source

CONTENTS

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement

2. Saving the Regulation XII of 1887

3. Definitions

CHAPTER II
INSPECTORS
4. Chief Inspector and Inspectors
5. Functions of Inspectors

6. Powers of Inspectors of Mines

7. Powers of special officer to enter, measure, etc.

8. Facilities to be afforded to Inspectors

9. Secrecy of information obtained

9A. Secrecy of source of compliant

CHAPTER III
MINING BOARDS, AND COMMITTEE
10. Mining Board
11. Committees
12. Powers of Mining Boards

Page 2 of 35

13. Recovery of expenses

CHAPTER IV
MINING OPERATION AND MANAGEMENT OF MINES

14. Notice before commencement of mining operations

15. Managers

16. Duties and responsibilities of owners, agents and managers

CHAPTER V
PROVISIONS AS TO HEALTH AND SAFETY

17. Conservancy
17A. Canteens

17B. Shelters

18. Medical Appliances

18A. First aid rooms

19. Powers, of Inspectors when causes of danger not expressly provided against exist or whist
employment of persons is dangerous

20. Notice to be given of accidents

20A. Notice of occupational diseases

21. Power of Government to appoint court of inquiry in cases of accidents

22. Publications of reports

CHAPTER VI
Hours and Limitation of Employment

22A. Weekly, day of rest

22B. Hours of work above ground

22C. Hours of work below ground

22D. Special provision for night relays

23. Prohibition of employment of certain persons

Page 3 of 35

23A. Limitation of working hours

23B. Notices regarding bouts of work

23C. Employment of women

24. Supervising staff

25. Exemption from provisions regarding employment

25A. Extra stages for overtime

26. Children

26A. Young persons not to be employed without certificates of fitness

26B. Limitation of working hours for young persons

27. Dispute as to age

28. Register of employees

CHAPTER VI-A
LEAVE AND HOLIDAYS WITH WAGES
28A. Application of the Chapter
28B. Annual leave with wages

28C. Festival holidays

28D. Casual leave and sick leave

28E. Wages during leave or holiday periods

28F. Payment in advance in certain cases

28G. Power of Inspector to act for workers

CHAPTER VII
REGULATIONS, RULES AND BYE-LAWS
29. Power of appropriate Government to make regulations
30. Power of appropriate Government to make rules

30A. Power of appropriate Government to require rescue stations to be established

31. Prier publication of regulations and rules

Page 4 of 35

31A. Power to make regulations without previous publication

32. Bye-laws

33. Posting up of abstracts from Act, regulations, etc.

CHAPTER VIII
PENALTIES AND PROCEDURE

34. Obstruction

35. Falsification of records, etc.

36. Omission to furnish plans, etc.

37. Contraventions of provisions regarding employment of labour

38. Notice of accidents

39. Disobedience of orders

40. Contravention of law with dangerous results

40A. Special provision regarding fine

41. Prosecution of owner, agent or manager

42. Limitation of promotion

43. Cognizance of Offences

44. Reference to Mining Board or Committee in lieu of prosecution in certain cases

CHAPTER IX
MISCELLANEOUS

45. Decision of question whether a mine is under this Act

46. Power to exempt from operation of Act

47. Power to alter or rescind orders

48. Application of Act to Government mines

49. Saving

50. [Repeals]

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Page 1 of 35 
 
 
  
 
 
 
 
THE MINES ACT, 1923 
 
 
CONTENTS 
 
CHAPTER I 
PRELIMINARY 
 
1. Short title, extent and commencement 
  
2.  Saving the Regulation XII of 1887 
 
3. Definitions 
 
CHAPTER II 
INSPECTORS 
4.  Chief Inspector and Inspectors 
5.  Functions of Inspectors 
 
6.  Powers of Inspectors of Mines 
  
7.  Powers of special officer to enter, measure, etc. 
  
8.  Facilities to be afforded to Inspectors 
 
9.  Secrecy of information obtained 
 
9A.  Secrecy of source of compliant 
 
CHAPTER III 
MINING BOARDS, AND COMMITTEE 
10.  Mining Board 
11.  Committees 
12.  Powers of Mining Boards 

 
 
Page 2 of 35 
 
 
13.  Recovery of expenses 
 
CHAPTER IV 
MINING OPERATION AND MANAGEMENT OF MINES 
 
14.  Notice before commencement of mining operations 
 
15.  Managers 
 
16.  Duties and responsibilities of owners, agents and managers 
 
CHAPTER V 
PROVISIONS AS TO HEALTH AND SAFETY 
 
17.  Conservancy 
17A.  Canteens 
 
17B.  Shelters 
 
18.  Medical Appliances 
 
18A.  First aid rooms 
 
19.  Powers, of Inspectors when causes of danger not expressly provided against exist or whist 
 employment of persons is dangerous 
 
20.  Notice to be given of accidents 
 
20A.  Notice of occupational diseases 
 
21.  Power of Government to appoint court of inquiry in cases of accidents 
 
22.  Publications of reports 
 
CHAPTER VI 
Hours and Limitation of Employment 
 
22A.  Weekly, day of rest 
 
22B.  Hours of work above ground 
 
22C.  Hours of work below ground 
  
22D.  Special provision for night relays 
  
23.  Prohibition of employment of certain persons 
 
 
 
Page 3 of 35 
 
23A.  Limitation of working hours 
 
23B.  Notices regarding bouts of work 
 
23C.  Employment of women 
 
24. Supervising staff 
 
25.  Exemption from provisions regarding employment 
  
25A.  Extra stages for overtime 
 
26.  Children 
 
26A. Young persons not to be employed without certificates of fitness 
 
26B.  Limitation of working hours for young persons 
 
27.  Dispute as to age 
 
28.  Register of employees 
 
CHAPTER VI-A 
LEAVE AND HOLIDAYS WITH WAGES 
28A.  Application of the Chapter 
28B.  Annual leave with wages 
 
28C.  Festival holidays 
 
28D.  Casual leave and sick leave 
  
28E.  Wages during leave or holiday periods 
 
28F.  Payment in advance in certain cases 
 
28G.  Power of Inspector to act for workers 
 
CHAPTER VII 
REGULATIONS, RULES AND BYE-LAWS 
29.  Power of appropriate Government to make regulations 
30.  Power of appropriate Government to make rules  
 
30A.  Power of appropriate Government to require rescue stations to be established 
 
31.  Prier publication of regulations and rules 
 
 
 
Page 4 of 35 
 
31A.  Power to make regulations without previous publication 
 
32.  Bye-laws 
 
33.  Posting up of abstracts from Act, regulations, etc. 
 
CHAPTER VIII 
PENALTIES AND PROCEDURE 
 
34.  Obstruction 
 
35.  Falsification of records, etc. 
 
36.  Omission to furnish plans, etc. 
  
37.  Contraventions of provisions regarding employment of labour  
 
38.  Notice of accidents 
 
39.  Disobedience of orders 
 
40.  Contravention of law with dangerous results 
 
40A.  Special provision regarding fine 
 
41.  Prosecution of owner, agent or manager 
 
42.  Limitation of promotion 
 
43.  Cognizance of Offences 
 
44.  Reference to Mining Board or Committee in lieu of prosecution in certain cases 
 
CHAPTER IX 
MISCELLANEOUS 
 
45.  Decision of question whether a mine is under this Act 
 
46.  Power to exempt from operation of Act 
 
47.  Power to alter or rescind orders 
 
48.  Application of Act to Government mines 
 
49.  Saving 
 
50.  [Repeals] 
 
 
Page 5 of 35 
 
  
THE SCHEDULE 
1THE MINES ACT, 1923 
2ACT No. IV of 1923 
[23rd February, 1923] 
An Act to amend and consolidate the law relating to the regulation and inspections of mines 
WHEREAS it is expedient to amend and cons olidate the law relating to the regulation and 
inspection of mines; It is hereby enacted as follows:⸻ 
CHAPTER I 
PRELIMINARY 
1. Short title extent and commencement. ⸻(1) This Act  may be called the   3* Mines Act 
1923. 
 4[(2) It extend to the whole of Pakistan.] 
 (3) It shall come into force on the first day of July, 1924.  
 2. [Saving the Regulation XII of  1887].—Omitted by para, 3 and Sch I of the Government 
of India (Adaptation of Indian Laws) Order, 1937. 
 
 3. Definitions.—In this Act unless there is anything repugnant in the subject or context,⸻ 
(a) “agent”, When used in relation to a mine. Means any person appointed or 
acting as the representative of the owner in respect of the management of the 
mine or of any part thereof, and as such superior to a Manager under this Act; 
5[(aa) appropriate Government  means in relation to mines of   6[nuclear substances 
mineral oil, natural gas   and liquids, and substances declared by Federal Law 
to be dangerously inflammable oil fields and gas fields the 7[Federal 
Government] and in relation to other mines the Provincial Government;]. 
 
1This act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see 
 Regulation No. 1 of 1972, s. 2 and Sch. 
2This Act has been extended to:⸻ 
 (i)  the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the 
   Federated  Areas of Baluchistan, see Gazette of India, 1937 Pt. I p. 1499; 
 (ii)  the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 
   1953), as  amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953 
 (G.G.O. 19 of 1953); 
(iii)  the Khairpur State, see G.G.O.  5 of  1953, as amended by G.G.O. 24 of 1953; 
(iv)  the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) as amended by the 
  Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953). 
The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur  
 (Application of Central Laws) Ordinance, 1960 (XXXVII of 1960) s. 2. 
This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see 
 Regulation No. 1 of 1972, s. 2 and Sch. also applied to FATA, SRO 220 (1)/2000, dated 21-4-2000.  
3The word “Indian” omitted by A.O., 1949. 
4Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for 
 sub-section (2), as amended by A.O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 8. 
 5Clause (aa) ins. by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), has been subs. by A.O., 1964, Art. 2 and Sch. 
 6Subs. by F.A.O., 1975, Art. 2 and Sch., for “nuclear substances, oilfields and gasfield”. 
 
 
Page 6 of 35 
 
 7Subs. ibid., Art. 2 and Table, for “Central Government”. 
(b)   Chief Inspector means the Chief Inspector to Mines  appointed under this Act; 
1[(c)  Child means a person who has not completed his fifteenth year;] 
2[(cc)  day means a period of twenty-four hours beginning at midnight;] 
3[*         *          *          *          *          *          *]       
(d)  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 oiling any part of any machinery used in or 
about the mine, or in any other kind of work whatsoever incidental to, or con -
nected with, mining operations; 
(e)   “Inspector” means an inspector of Mines appointed under this Act, and 
includes a District Magistrate when exer cising any power or performing any 
duty of an inspector which he is empowered by this Act to exercise or 
perform; 
(f)   “mine” means any excavation where any operation for the purpose of 
searching for or obtaining minerals has been or is being carried on, and 
includes all works, machinery, tramways and sidings, whether above or blow 
ground, in or adjacent to or belonging to a mine: 
Provided that it shall not include any part of such premises on which a manufacturing process 
is being carried on unless such process is a process for coke making or the dressing of: 
(g)   “owner” when used in relation to a mine, means say person who is the 
immediate proprietor or lessee or occupier of the mine or of any part thereof, 
but does not include a person who merely recei ves a royalty, rent or fine from 
the mine or is merely the proprietor of the mine subject to any lease, grantor 
license for the working thereof, or is merely the owner of the soil and not 
interested in the minerals of the mine but any contractor for the wo rking of a 
mine car any like part thereof shall be subject to this Act ifs manner as it he 
were ear owner, but not so as to exempt the owner from any liability; 
(h)  “prescribed” means prescribed by regulations, ruler or bye laws;   
(i)   “qualified medica l practitioner” means any person registered 4[* * * ] under 
any Act of  5[the Central Legislature or any Provincial Legislature], providing 
for the maintenance of a register of medical practitioners, and includes, in any 
area where no such last -mentioned Act is in force, any person declared by the 
6[appropriate Government] by notification in the 7[official Gazette], to be a 
qualified medical practitioner for the purposes of this Act; 
 
 1Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 2. for the original clause (c). 
 2Clause (cc) ins., ibid  
 3Clause (ccc), omitted by A.O., 1949. 
 4Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II. 
 5Subs. by A.O., 1949, for “any Legislature in British India”. 
 
 
Page 7 of 35 
 
 6Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Local Government”. 
 7Subs. by A.O., 1937, for “local official Gazette”. 
(j)   “regulations”, “rules” and “bye -laws” means respectively. , regulations, rules 
and bye-laws under this Act ; 
1[(jj)  where work of the same kind is carried out by two or more sets of workers 
working during different periods of the day each of such sets is called a ‘relay’ 
2[and the period for which it works is called a ‘shift’]; 
(k)   “serious bodily injury” means any injury which involves, or in all probability 
will involve, the permanent loss of the use of, or permanent injury to any 
3[part of the body], or the per manent logs of or injury to the sight or hearin g, 
or the fracture of any 3[part of the body] or the enforced absence of the injured 
person from work for a period exceeding twenty days; and  
(l)  “week” means the period between midnight on Saturday night and midnight 
on the succeeding Saturday night.  
CHAPTER II 
INSPECTORS 
 
 4. Chief Inspector and Inspectors. —(1) The 4[appropriate Government] easy, by 
notification in the 5[Official Gazette], appoint a duly qualified person to be Chief Inspector of Mines 
for the whole of 6[Pakistan] 7[or, for the Province as the case may be], and duly qualified persons to 
be Inspectors of Mines subordinate to the Chief Inspector. 
 
 (2) No person shall be appointed to be Chief Inspector or an Inspector, or having been 
appointed shall continue to hold such office who is or becomes directly or indirectly interested in any 
mine or mining rights in 8[Pakistan]. 
 (3) The District Magistrate may exercise the powers and perform the duties of an Inspector 
subject to the general or special orders of the 9[appropriate 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 19 or section 33. 
 (4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the 
meaning of the Pakistan Penal Code (XLV of 1860).  
 5. Functions of Inspectors .⸻(1) The Chief Inspector may, by order in writing prohibit or 
restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any 
power conferred on Inspectors by this Act, and shall, subject as aforesaid, declare the lo cal area or 
areas within which, or the group or class of mines with respect to which, Inspectors shall exercise 
their respective powers. 
 
 
 
 1Cl. (jj) was ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935),s.2. 
 2Added by the Mines (Amdt.) Act 1973 (XLV of 1973), s. 2. 
 3Subs. ibid., s. 2,for “limb”. 
 4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Governor General in Council.”. 
 5Subs. A.O., 1937, for “Gazette of India”. 
 6Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for 
 “the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”. 
 
 
Page 8 of 35 
 
 7Ins. by A.O., 1964, Art. 2 and Sch. 
 8Subs. by the Federal Laws (Revision and Declaration)Act, 1951 (XXVI of 1951), s. 4 and III Sch., for “India”. 
 9Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 
(2) The Insp ector shall give information to owners, agents and managers of mines situate 
within the local area or areas or belonging to the group or class of mines, in respect of which he 
exercises powers under sub -section (1) as to all regulations and rules which con cern them 
respectively and as to the places where copies of such regulations and rules may be obtained. 
 6. Powers of Inspectors of Mines.—The Chief Inspector and any Inspector may⸻ 
(a)     make such examination and inquiry as he thinks fit in order to ascertain 
whether the provisions of this Act and of the regula tions, rules and bye -laws 
and of any orders made thereunder are observed in the case of any mine ; 
(b)      with such as sistant (if any) as he thinks fit, enter, inspect and examine any 
mine or any part thereof at 1[*    *     *] ; 
(c)      examine into, and make inquiry respecting, the state and condition of any mine 
or any part thereof, the ventilation of the mine, the su fficiency of the bye-laws 
for the time being in force relating to the mine and all matters and things 
connected with or relating to the safety, 2[health and welfare] of the persons 
employed in the mine ;  
3[(d)    take, whether on the precincts of the mine  or elsewhere, statement of any 
person which he may consider necessary for carrying out the purposes of this 
Act; 
 Provided that no one shall be required under this section to answer or give any evidence 
tending to criminate himself ; 
(e) require the produ ction of any books, register or other documents, the keeping 
of which is prescribed in order to see that they are in conformity with the the 
provisions of this Act and rules and regulations framed thereunder and take 
into his custody, or make copies of, or extracts from, any such book register or 
other document;  
(f) after informing the manager of a mine or his representative, take or remove, 
for the purpose of analysis samples of materials and substances used or 
handled in the mine]. 
                 7. Po wers of special officer to enter, measure, etc. —Any person in the service of the 
4[State] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this 
behalf may, for the purpose of surveying, levelling or measuring in an y mine, after giving not less 
than three days' notice to the manager of such mine, enter the mine and may survey, level or treasure 
the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to 
impede or obstruct the working if the mine 5[:] 
 
 
  1Certain words omitted by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 3. 
 2Ins. ibid., 
 3Added ibid., 
 4Subs. by A.O., 1961, Art. 2 and Sch. ( with effect from the 23 rd March, 1956), for “Crown”, which had been subs. by A.O., 19 37, for 
 “Government”. 
 
 
Page 9 of 35 
 
 5Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 4, for full stop. 
 1[Provided that no such notice need be given if, for reasons to be recorded, the Chief 
Inspector or Inspector is of opinion that there is an emergency.]  
 8. Facilities to be afforded to Inspectors.— Every owner agent and manager of a mine shall 
afford the Chief inspector and every Inspector and every person authorised under section I all 
reasonable facilities or making any entry, ins pection, survey, measurem ent, examination or inquiry 
under this Act.  
 9. Secrecy of information obtained.⸻(1) All copies of, and extracts from, registers or other 
records appertaining any mine, and all other information acquired by the Chief Inspector of an 
Inspector or by any on e assisting him, it the course of the inspection of any spine under this Act or 
acquired lay any person authorised under section 7 in the exercise of his duties thereunder, shall he 
regarded as confidential, 2[and shall not he disclosed to any person tuber  than a Magistrate 3[or a 
Commissioner for Workmen’s Compensation appointed under the Workmen’s Compensation Act, 
1923 (VIII of 1923) or an official superior or the owner, agent or manager of the mine concerned, 
unless the Chief inspector or the Inspector considers disclosure necessary to ensure the or with the 
safety of any persons]. 
 (2) If the Chief Inspector, or an Inspector, or any other persona referred to in sub -section (1) 
discloses 4[contrary to the provisions of sub -section (1)] any such informati on at aforesaid without 
the consent of 5[the appropriate Government], he shall be guilty of a breach of official trust., and 
shall lie punishable 6[with imprisonment for a term which may extend to one year, or with fine or 
with both]. 
 (3) No court shall p roceed to the trial of any offence, under this section 7[except with the 
previous sanction of the 8[appropriate Government]]. 
  9[9A. Secrecy of source of compliant. —The Chief Inspector or an Inspector shall treat as 
absolutely confidential the source of a ny complaint bringing to his notice a defect or breach of any 
provision of this Act or any rules or regulations made thereunder and shall not give any intimation to 
the owner of the mine or his representative that a visit of inspection was made in conseque nce of the 
receipt of such a complaint.] 
CHAPTER III 
MINING BOARDS, AND COMMITTEE 
 
 10. Mining Bo ard.⸻(1) The 8[appropriate Government] may constitute 10[for any part of 
Pakistan]  11[or, as the case may be, of the Province], or for any group or class of m ines 12[* * *] , a 
Mining Board consisting of⸻ 
 
 1Proviso added ibid., 
 2Added by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937),s. 3. 
 3Ins. by Act XLV of 1973, s. 5. 
 4Subs. by the Mines (Amdt.) Act 1973 (XLV of 1973)s. 5 for “to any one, other than a Magistrate or an officer to whom he is subordinate”. 
 5The original words “the G.G. in C. or the L.G.”, were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as 
 above. 
 6Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch. I, for “in the manner provided by section 4 of the Indian 
 Official Secrets Act, 1889”. 
 7Subs. by Act XXIX of 1937, s. 3, for the original words as amended by A.O., 1937. 
 8Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government". 
 9Ins. by Act XLV of 1973,s.6.  
 
 
Page 10 of 35 
 
  10The original words “for the province, or for any part of the province” were first subs. by A.O., 1937 and then amended by A.O ., 1949, and 
 the Central Laws (Statue Reform) Ordinance, 1960 ( XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as 
 above. 
 11Ins. by A.O., 1964, Art. 2 and Sch. 
 12The words “in the province” were rep. by A.O., 1937. 
(a) a person in the service of 1[the State], not being the Chief Inspec tor or an 
Inspector, nominated by the 2[appropriate Government] to act as Chairman ; 
(b)  the Chief Inspector or an Inspector;  
3[(c)  a person, not being the Chief Inspector or an Inspector, nominated by the   
2[appropriate Government ];]  
(d)  two persons nominated by owners of mines or their representatives in such 
manner as may be prescribed ; 
 4[(e) two persons to represent the interest of miners, who shall be nominated in 
accordance with the following provisions :— 
(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 
trade unions having in the aggregate as members not less than 1,000 
miners, one of the said persons shall be nominated by such trade union 
or trade unions in such manner as may be pres cribed and the other by 
the 2[appropriate Government] ; 
(iii)  if neither sub -clause (i) nor sub -clause (ii) is applicable, the said 
persons shall be nominated by the 2[appropriate Government].  
  Explanation. ⸻ In this clause ‘miner’ means a person employed otherwise than in a position 
of supervision or management, in any of the mines for which the Mining Board is constituted.] 
 (2) The chairman shall appoint a person to act as secretary to the Board. 
 (3) The 2[appropriate Government] may give directions  as to the pay ment of travelling 
expenses incurred by the secretary or any member of any such Mining Board in the performance of 
his duty as such secretary or member. 
 11. Committees.⸻(1) Where under this Act any question relating to a mine is referred to a 
Committee, the Committee shall consist of⸻ 
(a)  a chairman nominated by the 2[appropriate Government] or by such officer or 
authority as the 2[appropriate Government] may authorise in this behalf; 
(b)  a person nominated by the chairman and qualified by experience to dispose of 
the question referred to the Committee; and 
 
 
 
Page 11 of 35 
 
 
  1The original words “the Government”, were first subs. by the Indian Mines (Amdt ) Act, 1940 ( XXIV of 1940), s.  2 and then 
 amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. 
 2Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government". 
 3Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3, for the original clause.  (c). 
 4Clause (e) and the Explanation added, ibid. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 3. 
(c)    two persons of whom one shall be nominated by the owner, agent or mana ger 
of the mine concerned, and the other shall be nomi nated by the 1[appropriate 
Government] to represent the interests of the persons employed in the mine. 
(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, not with standing such failure, proceed to inquire into a nd 
dispose of the matter referred to it.  
 (4) The Committee shall hear and record such information as the Chief Inspector or the 
Inspector, 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 shall report its decision to the 1[appropriate Government.] 
 (5) On receiving such report the 1[appropriate Government] shall pass orders 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 1[appropriate Government] may 
proceed to review such decision and to pass such orders in the matter as it may think fit.  If an 
objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, 
agent or manager of the mine. 
 (6) The 1[appropriate Government] may give directions as to the remu neration, if any, to be 
paid to the members of the Committee or any of them, and as to the payment of the expenses of the 
inquiry including such remuneration. 
 12. Powers of Mining Boards.⸻(1) Any Mining Board constituted under section 10 and any 
Committee constituted under section 11 may exercise such of the powers of an Inspector under this 
Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon a ny 
matter referred to it. 
 (2) Every Mining Board constituted under section 10 and every Com mittee appointed under 
section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 
1908) for the purpose of enforcing the atten dance of witness and compelling the production of 
documents and material objects ; and every person required by any such Mining Board or Committee 
to furnish information before it shall be deemed to be legally bound to do so within the meaning of 
section 176 of the Pakistan Penal Code (XLV of 1960). 
 13. Recovery of expenses. —The 1[appropriate Government] may direct that the expenses of 
any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed 
under section 11 shall be  borne in whole or in the 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 resident, be recovered by the distress and sale of any movable property within the 
limits of the Magistrate's jurisdiction belonging to such  2[owner or agent]. 
 
 
Page 12 of 35 
 
 1Subs. by A.O., 1964, Art.2 and Sch., for "Central Government"., which had been subs. by A.O., 1937, for "Local Government". 
 2Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch I, for “owner, agent or manager.” 
 
CHAPTER IV 
MINING OPERATION AND MANAGEMENT OF MINES 
 
1[14. Notice b efore commencement of mining operations. ⸻(1) The owner, agent or 
manager of a mine shall, in the case of an existing mine within one month from the commencement 
of the Mines (Amendment) Ordinance, 1973, or in the case of proposed mining operations, not les s 
than fifteen days before the commencement of such operations, give to the Chief Inspector and the 
District Magistrate of the district in which the mine is situated or the opera tions will commence 
notice in writing in such form and containing such particulars as may be prescribed. 
 (2) If the proposed operations in respect of which notice is given under sub-section (1) are not 
commenced within sixty days from the date on which the notice was given, the said notice shall be 
deemed to have expired and no op erations shall commence except after a notice has been given in 
accordance with that sub-section.]  
 15. Managers. ⸻(1) Save as may be otherwise prescribed, every mine shall be under one 
manager who shall have the prescribed qualifications and shall be resp onsible for the control, 
management 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. 
 (2) If any mine is worked without there being a manager for the  mine as required by 
sub-section (1), the owner and agent shall each be deemed to have contravened the provisions of this 
section. 
 16. Duties and responsibilities of owners, agents and managers. ⸻(1) The owner, agent 
and manager of every mine shall be responsible that all operations carried on in connection therewith 
are conducted in accordance with the provisions of this Act and of the regulations, rules and 
bye-laws and of any orders made thereunder. 
 (2) In the event of any contravention of any such provisions by any person whomsoever, 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 contravention: 
 Provided that the owner or agent shall not be so deemed if he proves⸻ 
(a)  that he was not in the habit of taking, and did not in respect of the matter in 
question take, any part in the management of the mine; and  
(b)     that he had made all the financial and other provisions necessary to enable the 
manager to carry out his duties; and 
(c)     that the offence was committed without his knowledge, consent or connivance. 
 (3) Save as hereinbefore provided, 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. 
 
 
Page 13 of 35 
 
 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s, 7, for section 14. 
CHAPTER V 
PROVISIONS AS TO HEALTH AND SAFETY 
 
17. Conservancy.—There shall be provided and maintained for every mine latrine and urinal 
accommodation of such kind and on such scale, and such supply of water fit for d rinking, as may be 
prescribed. 
 
 1[17A. Canteens. —At every mine wherein more than one hundred per sons are ordinarily 
employed, a canteen of such standard as may be prescribed shall be provided for the use of persons 
employed therein. 
 
17B. Shelters. —There shall be provided and maintained for use of persons working above 
ground in a mine, during intervals for rest, shelters of such standard  and on such scale as may be 
prescribed.] 
 
 18. Medical Appliances. At every mine  2[* * * ], such supply of am bulances or stretchers, 
and of splints, bandages and other medical requirements, as may be prescribed, shall be kept ready at 
hand in convenient place and in good and serviceable order.  
 
318A. First aid rooms. —At every mine in respect of which the appro priate Government 
may, by notification in the official Gazette, declare this section to apply, there shall be provided 
first-aid rooms of such siz e, with such equipment and in charge of such medical and nursing staff as 
may be prescribed.]  
 
 19. Powers, of Inspectors when causes of danger not expressly provided against exist or 
whist employment of persons is dangerous.⸻(1) If, in any respect when is not provided against by 
any express provision of this Act or of the regulations, rules or bye -laws or of any orders made 
thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part thereof or any 
matter, tuning or practice i n or connected with toe mine, or with the control, management or 
direction thereof, is dangerous to human life, 4[health] or safety, or defective so to threaten, or tend 
to, the bodily injury of any person, he may give notice in writing thereof to the owne r, agent or 
manager of the mine and shall state in the notice the particulars in which he considers the mine, or 
part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be 
remedied within such time as he may specify in the notice. 
 
5[(1-A) Without prejudice to the generality of the provisions contained in sub -section (i), the 
Chief Inspector or the Inspector may, in any area to which the 6[appropriate Government] may by 
notification in the 7[Official Gazette] dec lares that this sub -section applies, by order in writing 
addressed to the owner, agent or manager of mine,___ 
 
 8[*]  prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, 
such operation is likely to cause the crushing  of pilars or the premature collapse of any part of the 
workings or otherwise endanger the mine, or if, in his opinion adequate provision against the out -
break of fire 9[or flooding] has not been made by providing for sealing off and isolation of the part of 
the mine in which such operation is contemplated and for restricting the area that might be affected, 
by a fire 10[or flooding]. 10[*] 
 
 1New sections 17A and 17B ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 8. 
 2Certain words omitted ibid., s. 9, these words were previously amended by various enactments. 
 3New section 18A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 10. 
 4Ins. ibid., s. 11. 
 5Sub-section (1A) ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 2, as amended by the Indian Mines (Amdt.) Act, 1937 (XXIX 
 of 1937), s. 2. 
 6Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Governor General in Council”. 
 7Subs. by A. O., 1937, for “Gazette of India”. 
 
 
Page 14 of 35 
 
 8The brackets and letter “(a) omitted by the Indian Mines (Amdt.) Act, 1940 (XXIV of 1940), s. 3. 
 9Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11. 
 10The word "or" omitted by Act XXIV of 1940, s.3. 
 1[*                     *                      *                           *                        *                      *]       
 And the provisions of sub-sections (3), (4), (5) and (6) shall apply to an order made under this 
sub-section as they apply to an order made under sub-section (2).]      
 (2) If the Chief inspector or an Inspector authorised in this behalf by general or special order 
in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the 
life,  2[health] or safety of any person emplo yed in any mine or part t hereof he may, by an 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 part thereof any person where employment is not in his opinion 
reasonably necessary for the purpose of removing the danger. 
           (3) Where an order has been made under sub -section (2) by an Inspector, the owner, agent or 
manager of the mine may, within ten days after they confirm, modify or cancel the order. 
           (4) The Chief Inspector or the Inspector making a requisition under sub section (I) or an order 
under-section (2), and the Chief Inspector making an order (other than so order of cancellation) in 
appeal under sub -section (3), shall forthwith report the same to the  3[appropriate Government] and 
shall inform the owner, agent or manager of the mine that such report has been so made. 
           (5) If the owner, agent or manager of the mine objects to a requisition made under sub -section 
(1) or to an order made by the Chief I nspector under sub -section (2), or sub -section (3), he may, 
within twenty days after the receipt of the notice containing the requisition of the order or after the 
date of the decision of the appeal, as the case may be, send his objection in writing, stati ng the 
grounds thereof, to the 3[appropriate Government], which shall refer the same to a Committee. 
           (6) Every requisition made under sub -section (1), or order made under sub -section (2) or 
sub-section (3) to which objection is made under sub -section (5) shall be complied with pending the 
receipt at the mine of the decision of the Committee:  
Provided that the Committee may, on the application of tine owner, agent or manager, 
suspend the operation of a requisition under sub-section (1) pending its decision on the objection. 
           (7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the 
Code of Criminal Procedure, 1898 (V of 1898). 
 20. Notice to be given of accidents.___ 4[(1) Whenever there occurs in or about a mine⸻ 
(a)      an accident causing loss of life or serious bodily injury, or 
 
(b)      an accidental explosion, ignition, spontaneous heating, outbreak of fire or 
eruption or inrush of water or other liquid matter, or 
 
(c)     an influx of inflammable or noxious gases, or    
  (d)      a breakage of ropes, chains or other gear by which persons or materials are 
   lowered or raised in a shaft or an incline, or 
 1The clause (b) omitted by Act XXIV of 1940, s.3. 
 2Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 11. 
 3Subs. by A.O., 1964, Art.2 and Sch., for "Central Government". Which had been subs. by A.O., 1937, for "Local Government". 
 4Subs. by the Mines (Amdt.) Act, 1973 ( XLV of 1973), s. 12, for sub -section (1) which was previously amended by  the Indian Mines 
 (Amdt.) Act,  1935 (5 of 1935), s. 4. 
 
 
Page 15 of 35 
 
(e)      an overwinding of cages or other means of conveyance in any shaft while 
persons or materials are being lowered or raised, or 
(f)      an electric shock or burn caused by contact with a condu ctor carrying more 
than 25 volts, or 
(g)     any other accident that may be prescribed, 
the owner, agent or manager of the mine shall give n otice of the occurrence to such 
authorities, in such form and within such time as may be prescribed. 
(1A) Where a notice given under sub-section (1) relates to an accident causing loss of life, the 
Inspector shall make, or, where the authority receiving the notice is one other than the Inspector, that 
authority shall cause the Inspector to make, an inquiry into the occu rrence as early as possible on 
receipt of such notice or on Information received otherwise. 
 (1B) When an accident causing loss of life occurs, the place of accident shall not be disturbed 
or tampered with for three clear days from the date of such accid ent unless the Inspector has earlier 
inspected it or given intimation that it is not proposed to make an inquiry: 
 Provided that the place of accident may be disturbed if it is necessary for securing the safety 
of the mine or the persons employed therein, subject to the following conditions :___ 
(a)     the decision t hat it is necessary  to disturb the place must be taken by the 
manager ; 
(b)     the disturbance must not prejudice subsequent investigation ; 
(c)     the workers' representative must have reaso nable opportunity to inspect the 
place if be wishes ; 
(d)     an accurate plan must be made and copies thereof made avail able to the 
Inspector and the workers' representative ; and 
(e)     everything which is relevant to the accident must be preserved as far as 
possible, in the condition in which it was at the time of the accident.] 
 1[(2) The   2[appropriate Government] may, by notification in the   3[Official Gazette] direct 
that accidents other than those specified in subsection (1) which cause bodily inj ury resulting in the 
enforced absence from work of the person injured for a period exceeding forty -eight hours, shall be 
entered in a register in the prescribed form shall be subject to the provisions of sub-section (1). 
 (3) A copy of the entries in the r egister referred to in the sub -section (2) shall be sent by the 
owner, agent, or manager, of the mine, within fourteen days after the 30th day of June and the 31st. 
day of December in each year to the Chief Inspector.] 
 1Sub-sections (2) and (3) were added, by Act V of 1935, s. 4. 
 2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. 
 3Subs. by A. O., 1937, for “local official Gazette”. 
 
 
 
 
Page 16 of 35 
 
 1[20A. Notice of occupational diseases .—(1) Wh ere any person employed in a mine 
contracts or is believed to have contracted any disease notified by the appropriate Government in the 
official Gazette as an occupational disease peculiar to any mining operation, the owner, agent or 
manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such 
other authorities, in such form and within such time as may be prescribed. 
 (2) The appropriate Government may, by order, appoint such qualified medical practitioners 
on such t erms and conditions as it thinks fit to be certifying doctors for the purpose of this section 
within such local limits as it may specify in the order. 
 (3) If the Chief Inspector or an Inspector has reason to believe that any person working in a 
mine has c ontracted a disease notified under sub -section (1), he may refer that person to the 
certifying doctor for his opinion. 
 (4) If any qualified medical practitioner attends on a person who is or has been employed in a 
mine and who is or is believed by the med ical practitioner to be suffering from any disease notified 
under sub -section (1), the medical practitioner shall without delay send a report in writing to the 
Chief Inspector stating___ 
 (a)     the name and address of the patient ; 
(b)     the disease from which the patient is or is believed to be suffering ; and 
(c)     the name and address of the mine in which the patient is or was last employed. 
 (5) Where the report under sub -section (4) is confirmed to the satisfaction of the Chief 
Inspector by the certificate of a certifying doctor that the person is suffering from a disease notified 
under sub-section (1), the Chief Inspector shall pay to the medical practitioner such fee as may be 
prescribed, and the fee so paid shall be recoverable as an arrear o f land revenue from the owner, 
agent or manager of the mine in which the person contracted the disease. 
 (6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the 
owner, agent or manager of the mine to shift for any sp ecified period a person who has contracted an 
occupational disease to such working place where there is less or no danger of aggravation of the 
disease.] 
 21. Power of Government to appoint court of inquiry in cases of accidents. __ (1) When 
any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has 
occurred in or about any mine, the 2[appropriate Government], if it is of opinion that a formal inquiry 
into the causes of, and circumstances attending, the accident ought to  be held, may appoint a 
competent person to hold such inquiry, and may also appoint any person or persons possessing legal 
or special knowledge to act as assessor or assessors in holding the inquiry.  
 
 (2) The person appointed to hold any such inquiry sha ll have all the powers of a Civil Court 
under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of 
witnesses and compelling the production of documents and material objects; and every person 
required by such person as aforesaid to furnish any information shall be deemed to be legally bound 
to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860). 
 
1New section 20A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 13. 
2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. 
 
 
Page 17 of 35 
 
 (3) A person holding an inquiry under this section may exercise such of the powers of an 
Inspector under this Act as he may think it necessary or ex pedient to exercise for the purposes of the 
inquiry. 
 (4) The person holding an inquiry under this section shall make a report to the 1[appropriate 
Government] stating the causes of the accident and its circumstances, and adding any observations 
which he or any of the assessors may think fit to make. 
 22. Publications of reports. ― The 1[appropriate Government] may cause any report 
submitted by a committee under section 11  2[and shall cause every report submitted] by a court of 
inquiry under section 21 to be published at such time and in such manner as it may think fit. 
 
 CHAPTER VI 
Hours and Limitation of Employment 
 
 3[22A. Weekly, day of rest. ― No person shall be allowed to work in a mine on more than 
six days in any one week. 
 
 22B. Hours of work above gr ound.⸻(1) A person employed above ground in a mine shall 
not be allowed to work for more than 4[forty eight] hours in any week or for more than 5[eight] hours 
in any day. 
   
 (2) The periods of work of any such p erson shall be so arranged that,  along with his intervals 
for rest, they shall not in any day spread over more than 6[ten and a half] hours, and that be shall not 
work for more than 7[five] hours before he has bad an interval for rest of at least 8[half an] hour. 
 
 (3) Persons belonging to two or more relays shall not be allowed to do work of the same kind 
above ground at the same moment:  
 
 Provided that for the purposes of this sub -section persons shall not be deemed to belong to 
separate relays by reason only of the fact that they receive their intervals for rest at different times. 
 
 22C. Hours of work below ground .___(1) A person employed below ground in a mine shall 
not be allowed to work for more than 9[eight] hours in any day. 
 (2) Work of the same kind shall not be carried on below ground is any mine for a period 
spreading over than [eight] hours in any day except by a system of relays so arranged that the periods 
of work for each relays are not spread over more than 8[eight] hours. 
(3) No person employed in a mine shall be allowed to be in an y part of the mine below ground 
except during the periods of work shown in respect of him in the register kept under sub -section (1) 
of section 28. 
 
 1Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. 
 2Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for “or” 
 3Sections 22A to 22D were ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 6. 
 4Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 14, for “fifth four”. 
 5Subs. ibid., for “ten”. 
 6Subs. ibid., for “twelve”. 
 7Subs. ibid., for “six”. 
 8Subs. ibid., for “one”. 
 9Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 15. for “nine”. 
  
 
 
 
 
Page 18 of 35 
 
 22D. Special provision for night relays. ― Where a worker work s in a relay whose period 
of work extends over midnight, the ensuing day for him shall be deemed to be the period of 
twenty-four hours beginning at the end of the period of work fixed for the relay, and hours be has 
worked after midnight shall be counted towards the previous day. 
 
 1[23. Prohibition of employment of certain persons .― No person shall be allowed to work 
in a mine who has already been working in any other mine within the preceding twelve bouts.] 
 
 223A. [Limitation of working hours.] ― Repealed by the Indian mines [Amendment) Act, 
1935 (S of 1935), s. 8. 
 
  3[23B. Notices regarding bouts of work .___(1) The manager of every mine shall cause to be 
posted outside the office of the mine a notice in the prescribed form stating the time of the 
commencement and of the end of work at the mine and  if it is proposed to work by a sy stem of 
4[relays] the time of the commencement and of the end of work for each 5[relay] 6[The notice shall 
also state the time of the commencement and of the end of the intervals for rest fixed for persons 
employed above ground] A copy of each such notice shall be sent to the Chief Inspector, if he so 
requires. 
 
 (2) In the case of a mine at which mining operations commence af ter the 14 th day of April, 
1930 the notice referred to in sub -section (1) shall in posted not less than seven days before the 
commencement of work. 
 
 (3) Where it is proposed to make any alteration in the time fixed for the commencement or 
for the end of work in the mine generally or for any 7[relay or in the rest intervals fixed for persons 
employed above ground] an amended notice in t he prescribed form shall be posted outside the office 
of the mine not less than seven days before the change is made, and a copy of such notice shall be 
sent to the Chief Inspector not less than seven days before such change 8[*    *    *].]  
 
  9[(4) No p erson shall be allowed to work in a mine otherwise than in accordance with the 
notice required by sub-section (1)] 
 
 10[23C. Employment of women. ___(1) No woman shall be employed in any part of a mine 
which is below ground. 
 
 (2) No woman shall be allowed to work in a mine above ground between the hours of 7 P.M. 
and 6 A. M. 
 
 (3) The previsions of this section sha ll not apply to women who do to  perform manual work 
and are___ 
 
(a) holding positions of managerial or technical character ; or 
 
(b) employed in health and welfare services.] 
 
 1Subs. by the Indian Mines (Amendment) Act. 1935 (V of 1935). s. 7 for the original section. 
 2This section was ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 3. 
 3Section 23B ins, ibid. 
 4Subs. by Act, V of 1935, s. 9 for “shifts”. 
 5Subs. ibid. for “shift”. 
 6Ins. ibid. 
 7Subs. by the Indian Mines (Amendment) Act, 1935 (V of 1935), s. 9 for “shifts” 
 8The comma and the words “, if he so requires or if the original notice was sent to him” omitted, ibid. 
 9Sub-section (4) ins, ibid. 
 10Subs. by the Mines (Amdt.) Act, 1973 (XLV  of 1973), s. 16, for section 23C, which was previously amended by the Mines (Amdt.) Act, 
 1951 (XXIX of 1951), s. 2. 
 
 
Page 19 of 35 
 
 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of 
section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons 
holding responsible positions of managerial or technical character or employed in health and welfare 
services or employed in any confidential capacity.] 
 
 
 25. Exemption from provisions regarding employment .—2[(1)] In case of an emergency 
involving serious risk to the safety of the mine or of persons em ployed therein, the manager may, 
subject to the provisions of section 19, permit persons  to be employed in contravention of 3[section 
22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be 
necessary to protect the safety of the mine or of the persons employed therein: 
  
 Provided that, where such o ccasion arises, a record of the fact shall im mediately be made by 
the manager and shall be placed before the Chief Inspec tor or the Inspector at his next inspection of 
the mine. 
  
 4[(2) When as a result of grant of an exemption to any mine from the prov isions of section 
22A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed 
within two months from the date on which the weekly day of rest was due, compensatory days of rest 
equal in number to the days of rest of which he has been deprived. 
 
 
 (3) In case of prescribed processes which are required by their nature to be carried on 
continuously by a succession of shifts, fine limit of hours of work provided in section 22B or section 
22C may, with the prior approval o f the Chief Inspector, be raised to not more than fifty -six hours in 
any week or ten hours in any day. 
 
 
 (4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary 
exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not 
exceeding ninety days in arty calendar year, within the maximum limits of___ 
 
  (a) ten hours of work in any one day, and 
 
   (b)  twelve hours of spread over, inclusive of intervals for rest or meal, in any one 
   day. 
 
  (5) Subject to the maximum limits specified in sub -section (4), the ap propriate Government 
may, by order, grant permanent exemption, to such extent and subject to such conditions as may be 
specified in the order, to a class of workers engaged either on  preparatory car complementary work 
which must necessarily be carried on outside the mines or on work which is essentially intermittent]. 
 
 
 5[25A. Extra stages for overtime.___(1) Where in a mine a person. works for more than eight 
hours in any day or wor ks for more than forty -night hours in any week, whether above ground or 
below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his 
ordinary rate of wages, the period of overtime work being calculated on a daily ba sis or weekly 
basis, whichever is more favourable to him. 
 
 1Subs. by Act XXIX  of 1951, s. 3., for the original s. 24, as amended by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 10. 
 2Re numbered as sub-section (I) of that section by Act XLV of 1973, s. 17. 
 3Subs. by Act V of 1935, s. 11, for “section 23 or section 23A”. 
 4Added by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 17. 
 5Ins. ibid., s. 18. 
 
 
Page 20 of 35 
 
 Explanation.___In this sub -section ordinary rate of wages means all remuneration capable of 
being expressed in terms of money which would, if the terms of contract of employment, express or 
implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such 
employment, but does not include___ 
 
 (i)  the value of any hou se-accommodation, supply of light, water, medical 
attendance or other amenity ; 
 
(ii)  any contribution paid by the owner to any pension fund or provident fund ; 
 
(iii)  any travelling allowance or the value of travelling concession ; 
 
(iv)  any sum paid to the person employed to defray special expenses entailed on 
him by the nature of his employment ; or 
 
(v)  any gratuity, bonus, overtime allowance or share in profits of the mine. 
 
 (2) Where any person employed in a mine is paid on a piece -rate basis th e appropriate 
Government, in consultation with the employer concerned and the representatives of the persons 
employed in the mine may, for the purposes of this section fix time rates as nearly as possible 
equivalent to the average rate of earnings of the p ersons so employed, and the rates so fixed shall be 
deemed to be the ordinary rates of wages of such persons. 
 
 (3) The appropriate Government may prescribe the registers that shall be maintained in a 
mine for the purpose of securing compliance with the provisions of this section.] 
   
 26. Children.—No child shall be employed in a mine, or be allowed to be present in any part 
of a mine which is below ground. 
 
 1[26A.—Young persons not to be employed without certificates of fitness. — No person 
who has not completed his seventeenth year shall be 2[employed to any part of a mine], unless: 
 
(a)  a certificate of fitness in the prescribed form and granted to him by a qualified 
medical practitioner is in the custody of the manager of the mine, and 
  
(b)  he carries while at work a token giving a reference to such certificate.] 
 
  3[26B. Limitation of working hours for young persons.—No person who his not completed 
his seventeenth year shall be permitted to work in any part of a mine, either below ground or above 
ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest 
of at  least twelve consecutive hours which shall include at -least such seven consecutive hours 
between the hours of 7 p.m. and 7 a.m. as may be prescribed : 
 
 Provided that nothing in this section shall apply to any such person while employed or 
permitted to work in any mine as an apprentice or for the pur pose of receiving vocational training, in 
such circumstances and in accordance with such conditions as may be prescribed 4[:] 
 
 1Section 26A ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935) s. 12. 
 2Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 2, for “allowed to be present in any part of a mine which is below ground”. 
 3Section 26B ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 4. 
 4Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 19, for the full-stop. 
 
 
Page 21 of 35 
 
 1[Provided further that such person while so employed or permitted to work, shall be granted 
a rest period of at least thirteen consecutive hours between two working periods.] 
 
 27. Dispute as to age .___(1) If any question arises between the Chief inspector or the 
Inspector and the manager of any mine as to whether any Per son is a child 2[or has not completed his 
seventeenth year] the question shall, in the absence of a certificate as to the age of such person 
granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a 
qualified medical practitioner.  
 
 (2) Every certificate as to t he age of a person which has been granted in the prescribed 
manner and any certificate granted by a qualified medical practi tioner on a reference under 
sub-section (1) shall, for the purposes of this act, be conclusive evidence as to the age of the person  
to whom it relates. 
 
 3[28. Register of employees. ___(1) For every mine there shall be kept, in the prescribed form 
and place a. register of all persons employed in the mine showing, in respect of each such person,___ 
 
(a)  4[name, date of birth and the nature] of his employment, 
 
(b)  the periods of work fixed for him, 
 
(c)  the intervals for rest, if any, to which he is entitled, 
 
(d)  the days of rest to which he is entitled, and 
 
(e)  where work is carried on by a system of relays, " the relay to which  be 
belongs. 
 
 (2) The entries in the register prescribed by sub -section (1) shall be such that workers 
working in accordance therewith would not be working in contravention of any of the provisions of 
this Chapter. 
 
 (3) No person shall be employed in a m ine until the particulars required by sub -section (1) 
have been recorded in the register in respect of such person and no person shall be employed except 
during the periods of work shown in respect of him in the register. 
  
 (4) For every mine which the 5[appropriate Government] may, by general or special order, 
declare this sub -section to be applicable, there shall be kept in the prescribed form and place a 
register which shall show at any moment the name of every person then working below ground in the 
mine. ] 
 
6[CHAPTER VI-A] 
LEAVE AND HOLIDAYS WITH WAGES 
 
 28A. Application of the Chapter .—Nothing in this Chapter shall affect any right or, 
privilege to which a person employed in a mine has been entitled on the date of coming into force of 
the Mines (Amendment) Ordinance, 1973, 
 
 1Proviso added ibid. 
 2Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 13. 
 3Subs. ibid., s. 14, for the original section 28. 
 4Subs. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 5, for “the nature”. 
 5Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”. 
 6New Chapter VI-A ins by the Mines (Amdt.) Act, 1973 (XLV of 1973),s.20. 
 
 
Page 22 of 35 
 
under any existing law or under any award, agreement, settlement, con tract, custom or usage if such 
right or privilege is more favourable to him, nor shall such right or privilege be combined with or be 
in addition to, the benefits under the provisions of this Chapter.   
 28B. Annual leave with wages .⸻(1) Every person who has completed one year of 
continuous service in a mine shall be allowed during the subsequent period of twelve months leave 
with wages for a number of days calculated, at the rate of⸻ 
(a)  one day for every seventeen days of work performed below ground dur ing the 
previous period of twelve months ; 
(b)  one day for every twenty days of work performed above ground during the 
previous period of twelve months: 
 Provided that a period of leave shall be inclusive of any holiday which may occur during such 
period.  
 (2) If a person employed in a mine does not, in any such period of twelve months, take the 
leave to which he is entitled under sub section (1), either in whole or in part, such leave not taken by 
him shall be added to the leave to be allowed to him und er that subsection in the succeeding period 
of twelve months: 
 Provided that such person shall cease to earn leave under this section when the leave due to 
him amounts to twenty days: Provided further that any leave applied for by a person but refused by 
the owner, agent or manager of the mine for any reason shall be added to the credit of such person 
beyond the aforesaid limit. 
 (3) If a person entitled to leave under sub section (1) is discharged before he has been allowed 
the leave or, if having applied for and having been refused the leave, he quits his employment before 
he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under 
section 28E in respect of the leave. 
 (4) For the purpose of this section, a person sh all be deemed to have completed a period of 
continuous service in a mine notwithstanding any interruption in service during that period due to___ 
(a)  any holiday; 
(b)  any leave with wages; 
(c)  any leave, with or without wages, due to sickness or accident ; 
(d)  any maternity leave not exceeding twelve weeks ;  
(e)  any period of layoff arising due to failure, refusal or inability of any owner on 
account of shortage of coal, power or raw material or the accumulation of 
stock or the breakdown of machiner y or for any other reason, to give 
employment to a person whose name is borne in the muster rolls of his mine ; 
or  
(f)  a strike which is not illegal or a lockout which is not legal.   
 
 
Page 23 of 35 
 
28C. Festival holidays. —Every person employed in a mine shall be allow ed, with wages, 
such festival holidays as are declared by' the appropriate Government to be public holidays. 
 
 28D. Casual leave and sick leave .—Every person employed in a mine shall be entitled in a 
year to ten days' casual leave on full wages and sixtee n days' sick leave on half average wages: 
Provided that casual leave or sick leave admissible under this section shall not be accumulated and 
carried forward to the succeeding year.  
 
 28E. Wages during leave or holiday periods .—For, the leave or holidays allowed to a 
person under the provisions of this Chapter, he shall be paid.____ 
(a)  in case of lease with full wages, at the rate equal to the daily average of his 
wages for the days on which be actually worked during the preceding three 
months ; and  
(b)  in case of leave with half average wages, at the rate equal to half daily average 
of this wages as aforesaid.  
 
 28F. Payment in advance in certain cases .—Any person who has been allowed leave for 
not less than four days under section 28B shall, before his leave begins, be paid the wages due for the 
period of the leave allowed.  
 
 28G. Power of Inspector to act for workers .—Any Inspector may institute proceedings on 
behalf of any person who has been or is employed in a mine to recover any sum required to  be, but 
not, paid by an owner, agent or manager in accordance with this Chapter.] 
 
CHAPTER VII 
REGULATIONS, RULES AND BYE-LAWS 
         29. Power of appropriate Government to make regulations. —The  1[appropriate 
Government] may, by notification in the   2[official Gazette], make regula tions consistent with this 
Act for all or any of the following purposes, namely:___ 
(a)      for prescribing the qualifications to be required by a person for appointment as 
Chief Inspector or Inspector ; 
(b)     for prescribing and regulating the duties and powers of the Chief inspector and 
of Inspectors in regard to the inspection of mines under this Act ; 
(c)      for prescribing the duties of owners, agents and managers of mines and of 
persons acting under them ; 
(d)      for prescribing the qualifications of managers of mines and of persons acting 
under them ; 
(e)      for regulating the manner of ascertaining, by examination or other wise, the 
qualifications of managers of mines and persons acting under them, and the 
granting and renewal of certificates of competency ; 
 
 1Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937 for "Governor General in Council". 
 2Subs. by A. O., 1937, for “Gazette of India”. 
 
 
Page 24 of 35 
 
(f)      for fixing the fees, if any, to be paid in respect of such examinations and of the 
grant and renewal of such certificates ; 
(g)      for determining the circumstances in which and the conditions subject to 
which it shall be lawful for more mines than one to be under a single manager, 
or for any mine or mines to be under a manager not having the prescribed 
qualifications; 
(h)     for providing for the making of inquiries into charges of misconduct or 
incompetency on the part of managers of mines and persons action under them 
and for the suspension and cancellation of certificate of competency ; 
1(hh)   for providing for the appointment in mines wherein two hundred and fifty or 
more persons are ordinarily employed of such number of welfare and safety 
officers as may be spe cified and for prescribing the qualifications and the 
duties to be performed by such officer;] 
(i)       for regulating, subject to the provisions of the Explosives Act, 1884 (IV of 
1884), and of any rules made thereunder, the storage and use of explosives ; 
1[(ii)   for regulating, subject to the provisions of the Electricity Act, 1910 (IX of 
1910), and the rules made thereunder, the generation, storage, transformation, 
transmission and use of electricity in mines and for providing for the care and 
the reg ulation of the use of all electrical apparatus and electrical cables in 
mines ;] 
(j)      for prohibiting, restricting or regulating the employment in mines or in any 
class of mines of women either below ground or on particular kinds of labour 
which are attended by danger to the life, safety or health of such women ; 
1[(jj)   for providing for and regulating the training of persons before they are 
employed in mines and also during the period of employment at such intervals 
as may be prescribed; 
(jjj)     for providing for and regulating the medical examination of the persons before 
they are employed in mines and also during the period of employment at such 
intervals as may be prescribed ;] 
(k)      for providing for the safety of the persons employed in a mi ne, their means of 
entrance there into and exit therefrom, the number of shafts or outlets to be 
furnished, and the fencing of shafts, pits, outlets, pathways and subsidences ; 
2[(kk)  for prohibiting the employment in a mine either as manager or in any ot her 
specified capacity of any persons except persons paid by the owner of the 
mine and directly answerable to the owner or manager of the mine] ; 
 1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21. 
 2Cl. (kk) ins. by the Indian Mines (Amdt.) Act, 1940, (XXIV of 1940), s. 4. 
 
 
 
Page 25 of 35 
 
(l)       for providing for the safety of the roads and working places in mines, 
including the siting and maintenance of pillars and the maintenance of 
sufficient barriers between mine and mine ; 
1[(ll)   for prescribing the siz e of travelling roads in a mine, through which load is 
carried by human agency and limit of load and the distance to which it is 
carried ; 
(lll)     for providing for and regulating the inspection of workings, disused working 
and sealed off fire areas in m ines and for the restriction of working in a mine 
under or in the vicinity of goaves or the sea or any lake or river or any other 
body of surface water, whether natural or artificial, or of any public roads, or 
buildings; ] 
(m)      for providing for 2[and regulating] the ventilation of mines and the action to be 
taken, in respect of dust   3[ionising radiations, radioactive gases and dust, fire 
and inflammable] and noxaious gases ; 
(n)      for providing for the care, and the regulation of the use, of all m achinery,  
4[plant, equipment and material in mines]; 
1[(nn)  for providing for the safety of persons present on haulage roads in mines and 
for prohibiting, restricting or regulating the use of certain classes of 
locomotives underground; ] 
5[(o)  for providing for adequate and suitable lighting in mines and for requiring and 
regulating the use of safety lamps and for the search of persons entering a 
mine for the prescribed prohibited articles ; ] 
1[(oo)  for prescribing protective equipments and clothings a nd breathing, apparatus 
for all persons or classes of persons employed in mines or classes of mines and 
requiring and regulating the use of such protective equipments, clothings and 
apparatus;] 
6[(p)    for providing against explosions or ignitions or irr uptions of or accumulations 
of water in mines and against danger arising there from, and for prohibiting, 
restricting or regulating the extraction of minerals in circumstances likely to 
result in or to aggravate irruptions of water or ignitions in mines;] 
(q)       for prescribing the notices of accidents and dangerous occurrences, and the 
notices, reports and returns of minerals output, persons employed and other 
matters provided for by regulations, to be furnished by owners, agents and 
managers of mines, and for prescribing the forms of such notices, returns and 
reports, the persons and authorities to whom they are to be furnished, the 
particulars to be contained in them, and the time within which they are to be 
submitted; 
 
 1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21. 
 2Ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3. 
 3Subs. by Act XLV of 1973, s. 21. 
 4Subs. by Act XLV of 1973, s. 21, for “and plant and of all electrical apparatus used for signaling purposes.” 
 5Subs. ibid., s. 21, for clause (o).  
 6Subs. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 3, for the original clause (p). 
 
 
Page 26 of 35 
 
1[(qq)  for prescribing the form of, the authorities to whom, and the time within 
which, the notice required by sub -section (1) of sectio n 20A shall be sent by 
the owner, agent or manager of a mine, and the fees to be paid to the medical 
practitioners under sub-section (5) of that section; ] 
 
(r)      for prescribing the plans to be kept by owners, agents and managers of mines 
and the manner and places in which such plans are to be kept for purposes of 
record ; 
 
(s)       for regulating the procedure on the occurrence of accidents or accidental 
explosions or ignitions in or about mines. 
 
(t)       for prescribing the form of, and the particu lars to be contained in the notice to 
be given by the owner, agent or manager of a mine under section 14; and 
 
(u)      for prescribing the notice to be given by the owner, agent or manager of a 
mine before mining operations are commenced at or extended to  any point 
within fifty yards of any railway subject to the provisions of the Railways Act, 
1890 (IX of 1980), or of any public work or classes of public works: which 
the 1[appropriate Government] may, by general or special order, specify in this 
behalf. 
 
              30. Power of appropriate Government to make rules. —The 2[appropriate Government] 
may,  3[*  *  *] by notification in the  4[official Gazette], make  5rules consistent with this Act for all 
or any of the following purposes, namely:⸻ 
 
(a)      for providing for the appointment of chairman and members of Mining 
Boards, and for regulating the procedure of such Boards; 
 
6[(aa)  for prescribing the form of the register referred to in sub -section (2) of section 
20;] 
 
7[(aaa) for requiring facilities and security of service to be provided to managers of 
mines and other persons acting under them for en abling them to efficiently 
discharge their duties;] 
 
(b)      for providing for the appointment of courts of inquiry under section 21, for 
regulating the  procedure and powers of such courts, for the payment of 
travelling allowance to the members and for the recovery of the expenses of 
such courts from the manager, owner or agent of the mine concerned ; 
 
8[(bb)  for requiring the maintenance in mines wherei n any women are ordinarily 
employed of suitable rooms to be reserved for the use of children under the 
age of six years belonging to such women, and for prescribing either generally 
or with particular reference to the number of women ordinarily employed in  
the mine, the number and standards of such rooms, and the nature and extent 
of the supervision to be provided therein ;] 
 
 1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 21.  
 2Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937, for "Local Government". 
 3The words “subject to the control of the Governor General in Council” omitted by A.O., 1937. 
 4Subs. ibid., for “local official Gazette”. 
 5For the Consolidated Mines Rules, 1952, see Gaz. of  P., 1952, Pt. I, pp. 175-180. 
 6Cl. (aa) ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15. 
 7Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22. 
 8Cl. (bb) ins. by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 2. 
 
 
Page 27 of 35 
 
1[(bbb) for requiring for  the maintenance at or near pit -heads of bathing places 
equipped with shower baths and of locker -rooms for the use of men employed 
in mines and of similar and separate places and rooms for the use of women in 
mines where women are employed, and for prescri bing, either generally or 
with particular reference to the number of men and women ordinarily 
employed in a mine, the number and standards of such places and rooms ;] 
2[(bbbb)for prescribing the standard in respect of construction, accommo dation, 
furniture and other equipment of the canteens, the food -stuffs to be served 
therein and the charges which may be made therefore and the representation of 
the persons employed in the mines in the management of such canteens ; ] 
(c)       for prescribing the scale of latrine and urinal accommodation to be provided at 
mines, the provision to be made for the supply of drinking -water, 2[the 
standard of first -aid rooms and shelters, the equipment and furniture therein 
and the nature and extent of super vision to be prov ided therefore,] the supply 
and maintenance of medical appliances and comforts, 3[* * * ],  and the 
training of men in ambulance work ; 
4[(cc)  for prescribing the forms of notices required under section 23B, and for 
requiring such notices to be posted also in specified vernaculars ;] 
5[(ccc) to fix seven  consecutive hours between 7 p.m. and 7 a.m . for the purposes of 
section 26 B ; 
(cccc)  to specify the circumstances in which and conditions in accordance with 
which a young person may be employed or permitt ed to work as an apprentice 
or for the purposes of receiving vocational training in a mine for the purposes 
of the proviso to section 26B ;] 
(d)       for defining the persons who shall, for the purposes of section 24, be deemed 
to be persons holding posit ions of supervision or manage ment or employed in 
a confidential capacity ; 
(e)       for prohibiting the employment in mines of persons or any class of persons 
who have not been certified by a q ualified medical practitioner   6[to have 
completed their fift eenth year], and for prescribing the manner and the 
circumstances in which such certificates may be granted and revoked ; 
7[(ee)  for prescribing the form of the certificates of fitness required by section 26A 
and the circumstances in which such certificat es may be granted and revoked 
;] 
(f)        for prescribing the form of  8[registers] required by section 28; 
 
 1Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s . 2. 
 2Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22. 
 3The words “the formation and training of rescue brigades” omitted by the Indian Mines (Amendment) Act, 1936 (XI of 1938), s. 4. 
 4Cl. (cc) ins. by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 6. 
  5Ins. by the Mines (Amdt.) Act, 1951 (XXIX of 1951),s. 6.  
 6Subs. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 15, for “to be more than thirteen years of age”. 
 7Cl. (ee) ins. ibid. 
 8Subs. ibid., for “register”. 
 
 
Page 28 of 35 
 
1[(ff)   to fix the time rates for the persons employed on piece -rated and for requiring 
the maintenance of payment registers overtime work and prescribing the form 
thereof ; 
 (fff)     for prescribing the forms in which record of applications for leave, the grant or 
refusal thereof and the payment of wages during leave and holidays with 
wages is to be kept ; ] 
(g)      for prescribing abstracts of this Act  2[and of the regulations and rules] and the 
vernacular in which the abstracts and   3[* * * ] bye-laws shall be posted as 
required by sections 32 and 33 ; 
(h)      for requiring the fencing of  any mine or part of a mine, whether the same is 
being worked or not, where such fencing is necessary for the protection of the 
public ; 
(i)       for the protection from injury, in respect of any mine when the workings are 
discontinued, of property vested  in 4[Government] or any local authority or 
railway company as defined in the Railways Act, 1890 (IX of 1890) ; 
(j)       for requiring notices, returns and reports in connection with any matters dealt 
with by rules to be furnished by owners, agents and ma nagers of mines, and 
for prescribing the forms of such notices, returns and reports; the persons and 
authorities to whom they are to be furnished, the particulars to be contained in 
them, and the times within which they are to be submitted ; and 
(k)      generally to provide for any matter not provided for by this Act or the 
regulations, provision for which is required in order to give effect to this Act. 
         5[30A. Power of appropriate Government to require rescue stations to be 
established.—The  6[appropriate Government] may, by notification in the 7[official Gazette], make 
8[rules] under this section- 
9[(a)     requiring the establishment of central rescue stations for groups of specified 
mines or for all mines in a specified area, and prescribing ho w and by whom 
such stations shall be established ; 
(b)       providing for the management of central rescue stations, and regulating the 
constitution powers and functions of, and the conduct of business by, the 
authorities (which shall include representati ves of the owners and managers 
of, and of the miners employed in, the mines or groups of mines concerned) 
charged with such management ; 
 1Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22. 
 2Ins. by the Repealing and Amending Act, 1925 (XXVII of 1925), s. 2 and Sch. I. 
 3The words “the regulations, rules and” omitted, ibid. 
 4Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956). 
 5Section 30-A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 5. 
 6Subs. by  A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937 for “Governor General in Council”. 
 7Subs. by A.O., 1937, for “Gazette of India”. 
 8Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 4, for “regulations”.  
 9Subs. ibid., for the original clauses (a), (b), (c) and (d). 
 
 
Page 29 of 35 
 
(c)       prescribing the position, equipment, control, maintenance and functions of 
central rescue stations ; 
(d)       providing for the levy and collection of a duty of excise (at a rate not 
exceeding 1[three paisa] per ton), on coke and coal produced in and 
despatched from mines specified under clause (a) in any group or included 
under clause (a) in any specified  area, the utilisation of the proceeds thereof 
for the creation of a c entral rescue station fund for such group or area and the 
administration of such funds; 
(e)       providing for the formation, training, composition, and duties of rescue 
brigades ; and 
(f)       providing generally for the conduct of rescue work in mines.] 
            31. Prier public ation of regulations and rules. ⸻(1) The power to make regulations and 
rules conferred by sections 29,  2[30 and 30A] is subject to the condition of the regulations and rules 
being made after previous publication. 
 (2) The date to be specified in accordance with clause (3) of section 23 o f the General 
Clauses Act, 1897 (X of 1897), as that after which a draft of regulations or rules proposed to be made 
will be taken under consideration, shall not be less than three months from the date on which the 
draft of the proposed regulations or rules is published for general information. 
 (3) Before the draft of any regulation  3[* * ] is published under this section it shall be 
referred 4[* * * ] to every Mining Board constituted in 5[Pakistan], 6[which is, in the opinion of the   
7[appropriate Government], concerned with the subject dealt with by the regulation]   8[* *]; and the 
regulation 3[* *] shall not be so published until 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. 
 9[(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board 
constituted 10[in the part of 5[Pakistan] affected by the rule], and unless each Board has had a 
reasonable opportunity of reporting as to t he expediency of making the same and as to the suitability 
of its provisions.]  
(4) Regulations and rules shall be published in the  11[official Gazette] 12[* * *], and, on such 
publication, shall have effect as if enacted in this Act. 
 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 23, for “six pies” 
 2Subs. by the Indian Mines (Amdt.) Act, 1937 (XXIX of 1937), s. 5, for “and 30”. 
 3The words “or rule” omitted by the Indian Mines (Amdt.) Act, 1928 (XIII of 1928), s. 7.  
 4The words “in the case of a regulation” omitted, ibid. 
 5Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for 
 “the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”. 
 6Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 16. 
 7Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”. 
 8The words “and in the case of a rule to every Mining Board constituted in the province” omitted by Act XIII of 1928, s. 7. 
 9Sub-section (3A) ins., ibid. 
 10Subs. by A.O., 1937, for “in the province for which it is proposed to make the rule”. 
 11Subs. by A.O., 1937, for “Gazette of India”. 
 12The words “and the local official Gazette, respectively” were omitted, ibid. 
 
 
 
 
Page 30 of 35 
 
1[(5) The provisions of sub -sections (1), (2) and (3A) shall not apply to the first occasion on 
which rules referred to in clause (bb)  2[or clause (bbb) of section 30 are made.]   
           3[31A. Power to make regulations without previous publication. —Notwithstanding 
anything contained in sub -sections (1), (2) and (3) of section 31, regulations under clause (i) and 
clauses (k) to (s) inclusive of section 29 may be mad e without previous publication and without 
previous reference to Mining Boards, if the 4[appropriate Government] is satisfied that for the 
prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is 
necessary in making such regulations to dispense with the delay that would result from such 
publication and reference:  
 Provided that any regulations so made shall not remain in force for more than two years from 
the making thereof.]  
            32. Bye-laws.⸻(1) The owner, agent or manager of a mine may, and shall, if called upon to 
do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a 
draft of such bye -laws, not being inconsistent with this Act or any regulations or rules for the  time 
being in force, for the control and guidance of the persons acting in the management of, or employed 
in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide 
for the safety, convenience and discipline of the persons employed in the mine. 
          (2) If any such owner, agent or manager⸻ 
(a)      fails to submit within two months a draft of bye -laws after being called upon 
to do so by the Chief Inspector or Inspector, or 
(b)       submits a draft of bye -laws which is not in the opinion of the Chief Inspector 
or Inspector sufficient, 
the Chief Inspector or Inspector may⸻ 
(i)       propose a draft of such bye-laws as appear to him to be sufficient, or 
(ii)     propose such amendments in any draft submitted to him by the owner, agent 
or manager as will, in his opinion, render it sufficient, 
and shall send such draft bye -laws or draft amendments to the owner, agent or manager, as 
the case may be, for consideration. 
 (3) If 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 Inspector to the owner, agent or manager under the 
provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager, are 
unable to agree as to the terms of the bye-laws to be made under sub -section (1), the Chief Inspector 
or Inspector shall refer the draft bye -laws for settlement to the Mining Board or, where there is no 
Mining Board, to such officer or authority as the 5[appropriate Government ] may, be general or 
special order, appoint in this behalf. 
 
 1Added by the Mines (Amdt.) Ordinance, 1945 (XVII of 1945), s. 3, as amended by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s. 3. 
 2Ins. by Act II of 1946, s. 3. 
 3Section 31A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 6. 
 4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”. 
 5Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 
 
 
Page 31 of 35 
 
(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 unable to agree, have been 
settled by the Mining Board or such officer or authority as aforesaid, a copy of the 
draft bye-laws shall be sent by the Chief Inspector or Inspector to the 1[appropriate 
Government] for approval. 
  (b)  The 1[appropriate Government] may make such modifications of the draft bye -laws as 
it thinks fit. 
  (c)  Before the 1[appropriate Government] approves the draft bye -laws, whether with or 
without modifications, there shall be published, in such manner as the 1[appropriate 
Government] may think best adapted for informing the persons af fected, notice of the 
proposal to make the bye -laws and of the place where copies of the draft bye -laws 
may be obtained, and of the time (which shall not be less than thirty days) within 
which any objections with reference to the draft bye -laws, made by or  on behalf of 
persons affected should be sent to the 1[appropriate Government]. 
(d)  Every objection shall be in writing and shall state⸻ 
 
(i)         the specific grounds of objection, and 
 
(ii)        the omissions, additions and modifications asked for, 
 
(e) The 1[appropriate Government] shall consider any objection made within the required 
time by or on behalf of persons appearing to i t to be affected, and may approve the 
bye-laws either in the form in which they were published or after making such 
amendments thereto as it thinks fit. 
          (5) The bye-laws, when so approved by the 1[appropriate Government], shall have effect as if 
enacted in this Act, and the owner, agent or the manager of the mine shall cause a copy of the 
bye-laws, in English and in such vernacular or vernaculars as may be prescribed, to be posted up in 
some conspicuous place at or hear the mine, where the bye-laws may be conveniently read or seen by 
the persons employed; and, as often as the same became defaced, obliterated or destroyed, shall 
cause them to be renewed with all reasonable despatch. 
        (6) The 1[appropriate Government] may, by order in writing,  rescind, in whole or in part, any 
bye-law so made, and thereupon such bye-law shall cease to have effect accordingly. 
      33. Posting up of abstracts from Act, regulations, etc.—There shall be kept posted up or 
near, every mine in English and in such ve rnacular or vernaculars as may be prescribed, the 
prescribed abstracts of the Act and of the regulations and rules. 
CHAPTER VIII 
PENALTIES AND PROCEDURE 
 
  34. Obstruction. ⸻(1) Whoever obstructs the Chief Inspector, an Inspector or any Person 
authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects 
to afford the Chief Inspector, an Inspec tor or such person any reasonable facility for making any 
entry, inspection, exa mination or inquiry authorised by or unde r this Act in relation to any mine, 
shall  
 1Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 
 
 
Page 32 of 35 
 
be punishable with imprisonment for a term which may extend to three months, or with fin e which 
may extend to 1[one thousand] rupees, or with both. 
 
 (2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any 
registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does 
anything which he has reason to believe to be likely to prevent, any person from appearing before or 
being examined by an inspecting officer acting in pursuance of his duties under this Act shall be 
punishable with fine which may extend to 2[six] hundred rupees. 
 
 35. Falsification of records, etc.⸻ Whoever⸻ 
 
(a) counterfeits, or knowingly makes a false statement in, any certi ficates, or any 
official copy of certificates, granted under this Act, or 
 
   (b) knowingly uses as true any such counterfeit or false certificate, or 
  
(c) makes or produces or uses any false declaration, statement or evidence 
knowing the same to be false, for the purpose of obtain ing for himself or for 
any other person a certificate, or the renewal of a certificate, under this Act, or 
any employment in a mine, or 
 
(d) falsifies any plan or register or record the maintenance of which is required by 
or under this Act, 
 
(e) makes, gives or delivers any plan, return, notice, record or report containing a 
statement, entry or detail which is not  to the best of his knowledge or belief 
true. 
 
 shall be punishable with imprisonment for a term which may extend to three months, or with 
fine which may extend to 3[one thousand] rupees, or with both. 
 
 36. Omission to furnish plans, etc.—Any person who, without reasonable excuse the burden 
of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner at or 
within the prescribed time any plan, return, notice, register, record or report required by or under this 
Act to be ma de or furnished shall be punishable with fine which may extend to  4[four] hundred 
rupees. 
 
 37. Contraventions of provisions regarding employment of labour. —Whoever save as 
permitted by section 25 contravenes any provision of this Act or of any regulation, rule or bye-law or 
any order made thereunder prohibiting, res tricting or regulating the employment or presence of 
persons in or about a mine shall be punishable with fine which may extend to 5[one thousand] rupees. 
 
 38. Notice of accidents.⸻6[(1)] Wherever, in contravention of the provision 7[of sub-section 
(1)] of section 20, fails to give notice of any accidental occurrence shall, 
 
 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “Five hundred”. 
 2Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “three”.  
 3Subs. ibid., s. 25, for “five hundred”. 
 4Subs. ibid., s. 26, for “two”.  
 5Subs. ibid., s. 27, for “five hundred”.  
 6Original section 38 re-numbered as sub-section (1) by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 17. 
 7Ins. ibid.  
 
 
Page 33 of 35 
 
if the occurrence results in serious bodily injury be punishable will fine which may extend to 1[one 
thousand] rupees or, if the occurrence results loss of, life, be punishable with imprisonment which 
may extend to the months or with fine which may extend to 1[one thousand] rupees, or with both. 
 
 2[(2) Whoever in co ntravention of a direction made  by the 3[appropriate Government] under 
sub-section (2) of section 20 fails to record in the presented register or to give notic e of any 
accidental occurrence shall be punishable with fine which may extend to 1[one thousand] rupees.] 
 
 39. Disobedience of orders. —Whoever contravenes any provisions of the Act or of any 
regulation, rule or bye -law or of any order made thereunder for the contravention of which no 
penalty is hereinbefore provided shall be punish abl e with fine which may extend to  4[two] thousand 
rupees, and, in the case of a continuing contravention, with a further fine which may extend to 4[two] 
hundred rupees for ever y day on which the offender is proved to have persisted in the contravention 
after the date of the first conviction. 
 
 40. Contravention  of law with dangerous results. ⸻(1) Notwithstanding anything 
hereinbefore contained whoever contravenes any provision of  this Act or of any regulation, rule or 
bye-law or of any order made thereunder, shall be punishable, if such contraventio n results in loss of 
life, with  imprisonment which may extend to one year, or with fine which may extend to 5[four] 
thousand rupees, o r with both; or, if such contravention results in serious bodily injury, with 
imprisonment which may extend to six months, or with fine which may extend to 6[two] thousand 
rupees, or with both; or, if such contravention otherwise causes injury, or danger t o workers or other 
persons in or about the mine with imprisonment which may extend to one month, or with fine which 
may extend to 7[one thousand] rupees or with both. 
 
 (2) Where a person having been convicted under this section is again convicted thereund er, 
be shall be punishable with double the punishment provided by sub-section (1). 
 
 (3) Any Court imposing, confirming in appeal, revision or otherwise, a sentence of fine 
passed under this section may, when passing judgment, order the whole or any part o f the fine 
recovered to be paid as compensation to the person injured, or, in the case of his death, to his legal 
representative 
 
 Provided that, if the fine is imposed in a case which is subject to appeal, no such payment 
shall be made before the period a llowed for presenting the appeal has elapsed, or, if an appeal has 
been presented, before the decision of the appeal. 
 
 8[40A. Special provision regarding fine. —Notwithstanding anything contained in section 
32 of the Code of Criminal Procedure, 1898 (Act V  of 1898), it shall be lawful for a Magistrate of 
the first class to pass a sentence of fine exceeding one thousand rupees authorised by this, Act on any 
person convicted of an offence thereunder.] 
 
 41. Prosecution of owner, agent or manager. —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 Inspector authorised in this behalf by general or 
special order in writing by the Chief Inspector. 
 
 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 28, for “five hundred”. 
 2Sub-section (2) added, by Act V of 1935, s. 17.  
 3Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.  
 4Subs. by Act XLV of 1973, s. 29, for “one”.  
 5Subs. ibid., for “two thousand”.  
 6Subs. ibid., s. 30, for “one thousand”.  
 7Subs. ibid., for “five hundred”.  
 8Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 31. 
 
 
Page 34 of 35 
 
 1[42. Limitation of promotion .— No court shall take cognizance of any offence under this 
Act unless complaint thereof has been made⸻ 
 
(i) within six months of the date on which the offence is alleged to have been 
committed, or 
 
(ii) within six months of the date on w hich the alleged commission of the offence 
came to the knowledge of the Inspector, or 
 
(iii) in any case where a person has beet, appointed by the appro priate Government 
under section 21 to hold an inquiry, within six months of the date of the  
making of the report referred to in sub-section (4) of that section, whichever is 
the later.]  
 
 43. Cognizance of Offences. —No Court inferior to that of a 2[* * *] Magistrate of tine first 
class shall try any offence under this Act which is alleged to, have been com mitted by any owner 
agent or manager of a mine or any offence which is, by this Act made punishable with imprisonment. 
 
 44. Reference to Mining Board or Committee in lieu o f prosecution in certain 
cases.⸻(1) If the Court trying any case instituted at the instance of the Chief Inspector or of the 
District Magistrate or of an Inspector under this Act is of opinion that the case is one which should in 
lieu of a prosecution, be referred to a Mining Board or a Committee, it may stay the Criminal 
proceedings and report the matter to the 3[appropriate Government] with a view to such reference 
being made.   
 
 
 (2) On receipt of a report under sub -section (1), the 3[appropriate Government] may refer the 
case to a Mining Board or a Committee, or way direct the Court to proceed with the trial. 
 
CHAPTER IX 
MISCELLANEOUS 
 
 45. Decision of question whether a mine is under this Act. ⸻ If any question arises as to 
whether any excavation or working is a mine within the meaning of this Act, the 3[appropriate 
Government] may de cide the question, and a certificate signed by a Secretary of the 3[appropriate 
Government shall be conclusive on the point. 
 
 46. Power to exempt from operation of Act. ⸻(1) The 4[appropriate Government] may, by 
5notification in the 6[Official Gazette], ex empt 7[either absolutely or subject to any specified 
conditions] any local area or any mine or group or class of mines or any part of a mine or any class 
of persons from the operation of all or any specified provisions of this Act: 
 
 Provided that no local  area or mine or group or class of mines shall be exempted from the 
provisions of section 26 unless it is also exempted from the operation of all the other provisions of 
this Act 8[:] 
 
 
 1Subs. ibid., s. 32, for the original section 42.  
 2The words “Presidency Magistrate or” omitted by A.O., 1949. 
 3Subs. by A.O., 1964., Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 
 4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in 
 Council”. 
 5For Notifying Exempting the Attock  Oil Co. Ltd., from the provisions of sub -section (2) of section 22B of this Act, see Gaz. of P., 1953, 
 Pt. I, p. 122. 
 6Subs. by A.O., 1937, for “Gazette of India”. 
 7Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 18. 
 8Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3, for fullstop. 
 
 
Page 35 of 35 
 
  1[Provided further that no exemption from the operation of the provisions of section 23C 
shall be granted unless, in case of an emergency, the national interest so requires and the employers’ 
and workers’ organisation have been consulted 2[:] 
 
  3[Provided further that no exemption from the operation of the provi sions of section 22B or 
section 22C or section 25A shal l be granted except in the event of war or other emergency 
threatening the national safety. 
 
 4[*          *        *                 *       *  *  *]  
 47. Power to alter or rescind orders. —The 5[appropriate Government] 6[* * *] may reverse 
or modify any order passed under this Act 7[* * *] . 
 
 48. Application of Act to Government mines. —This Act shall apply to mines belonging to 
the 8[Government]. 
 
 49. Saving. —No suit, prosecution or other legal proceeding whatever shall lie against any 
person for anything which is in good faith done or intended to be done under this Act. 
 
 50. [Repeals] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule.  
 
 THE SCHEDULE. [ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1927 (XII of 
1927), s. 2 and Schedule. 
 
 
 
 
___________________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Dated: 05.04.24 
 
 1Proviso added. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3. 
 2Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33, for fullstop. 
 3Proviso added. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 33. 
 4Sub-section (2) omitted by A.O., 1937. 
 5Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in  
 Council”. 
 6The words “and every Local Government” omitted, by A.O., 1937. 
 7The words “by any authority subject to his or its control, as the case may be” omitted, ibid. 
 8Subs. by A.O., 1961, Art, 2., for “Crown” (with effect from 23rd March, 1956).

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Instruments cited by this law 8

Gwadur (Application of Central Laws) Ordinance, 1960

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(Amdt.) Order, 1953 (G.G.O. 21 of 1953). The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (XXXVII of 1960) s. 2. This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation No. 1 of 1972, s. 2 and Sch. also applied to FA

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Workmen's Compensation Act, 1923

Cites this instrument · 1 occurrence

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l he regarded as confidential, 2[and shall not he disclosed to any person tuber than a Magistrate 3[or a Commissioner for Workmen’s Compensation appointed under the Workmen’s Compensation Act, 1923 (VIII of 1923) or an official superior or the owner, agent or manager of the mine concerned, unless the Chief inspector or the Inspector considers disclosure necessary to ensure the or with the safety of any persons]. (2)

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Code of Civil Procedure (CPC) , 1908 (Under Review)

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referred to it. (2) Every Mining Board constituted under section 10 and every Com mittee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of enforcing the atten dance of witness and compelling the production of documents and material objects ; and every person required by any such Mining Board or Committee to furnish information be

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to act as assessor or assessors in holding the inquiry. (2) The person appointed to hold any such inquiry sha ll have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be

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Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cites this instrument · 2 occurrences

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under sub-section (1) pending its decision on the objection. (7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898). 20. Notice to be given of accidents.___ 4[(1) Whenever there occurs in or about a mine⸻ (a) an accident causing loss of life or serious bodily injury, or (b) an accidental explosion, ignition, spo

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appeal has been presented, before the decision of the appeal. 8[40A. Special provision regarding fine. —Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees authorised by this, Act on any person convicted of an offence thereunder.] 41. Prosecutio

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Edition needs identification

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Explosives Act, 1884 · Federal
EXPLOSIVES ACT, 1884 · Punjab

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may be spe cified and for prescribing the qualifications and the duties to be performed by such officer;] (i) for regulating, subject to the provisions of the Explosives Act, 1884 (IV of 1884), and of any rules made thereunder, the storage and use of explosives ; 1[(ii) for regulating, subject to the provisions of the Electricity Act, 1910 (IX of 1910), and the rules made thereunder, the generation

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Electricity Act, 1910 · Federal
ELECTRICITY ACT, 1910 · Punjab

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he Explosives Act, 1884 (IV of 1884), and of any rules made thereunder, the storage and use of explosives ; 1[(ii) for regulating, subject to the provisions of the Electricity Act, 1910 (IX of 1910), and the rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the reg ulation of the use of all electrical apparatus an

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Railways Act, 1890

Cites this instrument · 2 occurrences

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er, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty yards of any railway subject to the provisions of the Railways Act, 1890 (IX of 1980), or of any public work or classes of public works: which the 1[appropriate Government] may, by general or special order, specify in this behalf. 30. Power of appropriate Government to make rule

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m injury, in respect of any mine when the workings are discontinued, of property vested in 4[Government] or any local authority or railway company as defined in the Railways Act, 1890 (IX of 1890) ; (j) for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and ma nagers of mines, and for prescribing the forms of such notices,

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General Clauses Act, 1897

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o the condition of the regulations and rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 o f the General Clauses Act, 1897 (X of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules

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References to provisions in this text 67

Section 19

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the 9[appropriate 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 19 or section 33. (4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860). 5. Functions of Inspectors .⸻(1) The Chief Inspector may, by

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Section 33

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ate 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 19 or section 33. (4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860). 5. Functions of Inspectors .⸻(1) The Chief Inspector may, by order in writi

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Section 7

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Chief Inspector of an Inspector or by any on e assisting him, it the course of the inspection of any spine under this Act or acquired lay any person authorised under section 7 in the exercise of his duties thereunder, shall he regarded as confidential, 2[and shall not he disclosed to any person tuber than a Magistrate 3[or a Commissioner for Workmen’s Compensation appointed under the Workmen’s Com

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Section 7

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ishable 6[with imprisonment for a term which may extend to one year, or with fine or with both]. (3) No court shall p roceed to the trial of any offence, under this section 7[except with the previous sanction of the 8[appropriate Government]]. 9[9A. Secrecy of source of compliant. —The Chief Inspector or an Inspector shall treat as absolutely confidential the source of a ny complaint bringing

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Section 10

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r any of them, and as to the payment of the expenses of the inquiry including such remuneration. 12. Powers of Mining Boards.⸻(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon a ny matter referre

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Section 11

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ses of the inquiry including such remuneration. 12. Powers of Mining Boards.⸻(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon a ny matter referred to it. (2) Every Mining Board constituted un

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Section 10

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t as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon a ny matter referred to it. (2) Every Mining Board constituted under section 10 and every Com mittee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of enforcing the atten dance of witness and compelling the production

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Section 11

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for the purpose of deciding or reporting upon a ny matter referred to it. (2) Every Mining Board constituted under section 10 and every Com mittee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of enforcing the atten dance of witness and compelling the production of documents and material objects ; and every pe

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Section 10

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de (XLV of 1960). 13. Recovery of expenses. —The 1[appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the 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 Inspecto

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Section 11

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—The 1[appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the 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

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Section 14

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f the mine has been appointed in accordance with the provisions of this Act. Page 13 of 35 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s, 7, for section 14. CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY 17. Conservancy.—There shall be provided and maintained for every mine latrine and urinal accommodation of such kind and on such scale, and such supply of water fit for d r

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Section 18A

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nd 17B ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 8. 2Certain words omitted ibid., s. 9, these words were previously amended by various enactments. 3New section 18A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 10. 4Ins. ibid., s. 11. 5Sub-section (1A) ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), s. 2, as amended by the Indian Mines (Amdt.) Act, 1937 (XXIX of 193

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Section 20A

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aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860). 1New section 20A ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 13. 2Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. Page 17 of 35 (3) A person ho

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Section 11

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h he or any of the assessors may think fit to make. 22. Publications of reports. ― The 1[appropriate Government] may cause any report submitted by a committee under section 11 2[and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit. CHAPTER VI Hours and Limitation of Employment 3[22A. Weekly, d

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Section 21

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― The 1[appropriate Government] may cause any report submitted by a committee under section 11 2[and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit. CHAPTER VI Hours and Limitation of Employment 3[22A. Weekly, day of rest. ― No person shall be allowed to work in a mine on more than six days i

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Section 28

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shall be allowed to be in an y part of the mine below ground except during the periods of work shown in respect of him in the register kept under sub -section (1) of section 28. 1Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. 2Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for “or” 3Sections 22A

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Section 23C

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so requires or if the original notice was sent to him” omitted, ibid. 9Sub-section (4) ins, ibid. 10Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 16, for section 23C, which was previously amended by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in

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Section 22

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16, for section 23C, which was previously amended by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in

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Section 22C

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on 23C, which was previously amended by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in health and wel

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Section 2

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was previously amended by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in health and welfare serv

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Section 23B

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es (Amdt.) Act, 1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in health and welfare services or employed in any confidential

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Section 23C

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1951 (XXIX of 1951), s. 2. Page 19 of 35 1[24.Supervising staff.—Nothing in section 22 B, section 22C, section 2 3, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of managerial or technical character or employed in health and welfare services or employed in any confidential capacity.]

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Section 19

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ment .—2[(1)] In case of an emergency involving serious risk to the safety of the mine or of persons em ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons e

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Section 22A

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the safety of the mine or of persons em ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such o ccasion arises,

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Section 22B

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the mine or of persons em ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such o ccasion arises, a record of t

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Section 22C

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f persons em ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such o ccasion arises, a record of the fact shall

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Section 23

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ployed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such o ccasion arises, a record of the fact shall im mediatel

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Section 23B

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subject to the provisions of section 19, permit persons to be employed in contravention of 3[section 22A. section 22B, section 22C, section 23 or sub-section (4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such o ccasion arises, a record of the fact shall im mediately be made by the manager and sha

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Section 22A

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re the Chief Inspec tor or the Inspector at his next inspection of the mine. 4[(2) When as a result of grant of an exemption to any mine from the prov isions of section 22A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of

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Section 22B

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(3) In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, fine limit of hours of work provided in section 22B or section 22C may, with the prior approval o f the Chief Inspector, be raised to not more than fifty -six hours in any week or ten hours in any day. (4) In exceptional cases of pressure of work, the Chief Inspector

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Section 22C

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prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, fine limit of hours of work provided in section 22B or section 22C may, with the prior approval o f the Chief Inspector, be raised to not more than fifty -six hours in any week or ten hours in any day. (4) In exceptional cases of pressure of work, the Chief Inspector may grant tempora

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Section 22A

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week or ten hours in any day. (4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not exceeding ninety days in arty calendar year, within the maximum limits of___ (a) ten hours of work in any one day, and (b) twelve hours of spread over, inclusive of i

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Section 22B

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ours in any day. (4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not exceeding ninety days in arty calendar year, within the maximum limits of___ (a) ten hours of work in any one day, and (b) twelve hours of spread over, inclusive of intervals for

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Section 22C

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. (4) In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not exceeding ninety days in arty calendar year, within the maximum limits of___ (a) ten hours of work in any one day, and (b) twelve hours of spread over, inclusive of intervals for rest or meal, i

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Section 23

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Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 10. 2Re numbered as sub-section (I) of that section by Act XLV of 1973, s. 17. 3Subs. by Act V of 1935, s. 11, for “section 23 or section 23A”. 4Added by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 17. 5Ins. ibid., s. 18. Page 20 of 35 Explanation.___In this sub -section ordinary rate of wages means all remuneration capable of bei

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Section 23A

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(Amdt.) Act, 1935 (V of 1935), s. 10. 2Re numbered as sub-section (I) of that section by Act XLV of 1973, s. 17. 3Subs. by Act V of 1935, s. 11, for “section 23 or section 23A”. 4Added by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 17. 5Ins. ibid., s. 18. Page 20 of 35 Explanation.___In this sub -section ordinary rate of wages means all remuneration capable of being expressed in

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Section 28

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Mines (Amendment) Ordinance, 1973, 1Proviso added ibid. 2Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 13. 3Subs. ibid., s. 14, for the original section 28. 4Subs. by the Mines (Amdt.) Act, 1951 (XXIX of 1951), s. 5, for “the nature”. 5Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”. 6New Chapter V

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Section 28E

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r and having been refused the leave, he quits his employment before he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under section 28E in respect of the leave. (4) For the purpose of this section, a person sh all be deemed to have completed a period of continuous service in a mine notwithstanding any interruption in service during that period due to___ (a

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Section 28B

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f daily average of this wages as aforesaid. 28F. Payment in advance in certain cases .—Any person who has been allowed leave for not less than four days under section 28B shall, before his leave begins, be paid the wages due for the period of the leave allowed. 28G. Power of Inspector to act for workers .—Any Inspector may institute proceedings on behalf of any person who has been or is

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Section 14

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about mines. (t) for prescribing the form of, and the particu lars to be contained in the notice to be given by the owner, agent or manager of a mine under section 14; and (u) for prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty yards of any railway subject to the provision

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Section 20

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and members of Mining Boards, and for regulating the procedure of such Boards; 6[(aa) for prescribing the form of the register referred to in sub -section (2) of section 20;] 7[(aaa) for requiring facilities and security of service to be provided to managers of mines and other persons acting under them for en abling them to efficiently discharge their duties;] (b) for providing fo

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Section 21

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d other persons acting under them for en abling them to efficiently discharge their duties;] (b) for providing for the appointment of courts of inquiry under section 21, for regulating the procedure and powers of such courts, for the payment of travelling allowance to the members and for the recovery of the expenses of such courts from the manager, owner or agent of the mine concerned ;

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Section 23B

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d maintenance of medical appliances and comforts, 3[* * * ], and the training of men in ambulance work ; 4[(cc) for prescribing the forms of notices required under section 23B, and for requiring such notices to be posted also in specified vernaculars ;] 5[(ccc) to fix seven consecutive hours between 7 p.m. and 7 a.m . for the purposes of section 26 B ; (cccc) to specify the circumstances in w

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Section 26

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and for requiring such notices to be posted also in specified vernaculars ;] 5[(ccc) to fix seven consecutive hours between 7 p.m. and 7 a.m . for the purposes of section 26 B ; (cccc) to specify the circumstances in which and conditions in accordance with which a young person may be employed or permitt ed to work as an apprentice or for the purposes of receiving vocational training in a mine

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Section 26B

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young person may be employed or permitt ed to work as an apprentice or for the purposes of receiving vocational training in a mine for the purposes of the proviso to section 26B ;] (d) for defining the persons who shall, for the purposes of section 24, be deemed to be persons holding posit ions of supervision or manage ment or employed in a confidential capacity ; (e) for prohibiting

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Section 24

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rposes of receiving vocational training in a mine for the purposes of the proviso to section 26B ;] (d) for defining the persons who shall, for the purposes of section 24, be deemed to be persons holding posit ions of supervision or manage ment or employed in a confidential capacity ; (e) for prohibiting the employment in mines of persons or any class of persons who have not been cer

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Section 26A

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the manner and the circumstances in which such certificates may be granted and revoked ; 7[(ee) for prescribing the form of the certificates of fitness required by section 26A and the circumstances in which such certificat es may be granted and revoked ;] (f) for prescribing the form of 8[registers] required by section 28; 1Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (II of

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Section 28

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red by section 26A and the circumstances in which such certificat es may be granted and revoked ;] (f) for prescribing the form of 8[registers] required by section 28; 1Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s . 2. 2Ins. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 22. 3The words “the formation and training of rescue brigades” omitted by the Indian M

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Section 5

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id. 4Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956). 5Section 30-A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 5. 6Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937 for “Governor General in Council”. 7Subs. by A.O., 1937, for “Gazette of India”. 8Subs. by the Indian Mines (Amdt.) Act

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Section 23

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d 30A] is subject to the condition of the regulations and rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 o f the General Clauses Act, 1897 (X of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft

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Section 30

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f 35 1[(5) The provisions of sub -sections (1), (2) and (3A) shall not apply to the first occasion on which rules referred to in clause (bb) 2[or clause (bbb) of section 30 are made.] 3[31A. Power to make regulations without previous publication. —Notwithstanding anything contained in sub -sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s)

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Section 31

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on 30 are made.] 3[31A. Power to make regulations without previous publication. —Notwithstanding anything contained in sub -sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be mad e without previous publication and without previous reference to Mining Boards, if the 4[appropriate Government] is satisfied that for th

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Section 29

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us publication. —Notwithstanding anything contained in sub -sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be mad e without previous publication and without previous reference to Mining Boards, if the 4[appropriate Government] is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely

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Section 6

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nded by the Indian Mines (Amdt.) Act, 1946 (II of 1946), s. 3. 2Ins. by Act II of 1946, s. 3. 3Section 31A ins. by the Indian Mines (Amdt.) Act, 1936 (XI of 1936), section 6. 4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”. 5Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by

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Section 7

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ons and rules. CHAPTER VIII PENALTIES AND PROCEDURE 34. Obstruction. ⸻(1) Whoever obstructs the Chief Inspector, an Inspector or any Person authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, an Inspec tor or such person any reasonable facility for making any entry, inspection, exa mination or inquiry auth

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Section 25

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unishable with fine which may extend to 4[four] hundred rupees. 37. Contraventions of provisions regarding employment of labour. —Whoever save as permitted by section 25 contravenes any provision of this Act or of any regulation, rule or bye-law or any order made thereunder prohibiting, res tricting or regulating the employment or presence of persons in or about a mine shall be punishable wit

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Section 20

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shable with fine which may extend to 5[one thousand] rupees. 38. Notice of accidents.⸻6[(1)] Wherever, in contravention of the provision 7[of sub-section (1)] of section 20, fails to give notice of any accidental occurrence shall, 1Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “Five hundred”. 2Subs. by the Mines (Amdt.) Act, 1973 (XLV of 1973), s. 24, for “three”. 3Subs

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Section 38

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of 1973), s. 24, for “three”. 3Subs. ibid., s. 25, for “five hundred”. 4Subs. ibid., s. 26, for “two”. 5Subs. ibid., s. 27, for “five hundred”. 6Original section 38 re-numbered as sub-section (1) by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 17. 7Ins. ibid. Page 33 of 35 if the occurrence results in serious bodily injury be punishable will fine which may extend to 1[

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Section 20

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ay extend to 1[one thousand] rupees, or with both. 2[(2) Whoever in co ntravention of a direction made by the 3[appropriate Government] under sub-section (2) of section 20 fails to record in the presented register or to give notic e of any accidental occurrence shall be punishable with fine which may extend to 1[one thousand] rupees.] 39. Disobedience of orders. —Whoever contravenes any pro

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Section 21

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d commission of the offence came to the knowledge of the Inspector, or (iii) in any case where a person has beet, appointed by the appro priate Government under section 21 to hold an inquiry, within six months of the date of the making of the report referred to in sub-section (4) of that section, whichever is the later.] 43. Cognizance of Offences. —No Court inferior to that of a 2[* *

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Section 26

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peration of all or any specified provisions of this Act: Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 26 unless it is also exempted from the operation of all the other provisions of this Act 8[:] 1Subs. ibid., s. 32, for the original section 42. 2The words “Presidency Magistrate or” omitted by A.O., 1949. 3Subs. by

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Section 42

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he provisions of section 26 unless it is also exempted from the operation of all the other provisions of this Act 8[:] 1Subs. ibid., s. 32, for the original section 42. 2The words “Presidency Magistrate or” omitted by A.O., 1949. 3Subs. by A.O., 1964., Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 4Subs. by A.O., 1964, Art. 2 and

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Section 22B

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ch had been subs. by A.O., 1937, for “Government General in Council”. 5For Notifying Exempting the Attock Oil Co. Ltd., from the provisions of sub -section (2) of section 22B of this Act, see Gaz. of P., 1953, Pt. I, p. 122. 6Subs. by A.O., 1937, for “Gazette of India”. 7Ins. by the Indian Mines (Amdt.) Act, 1935 (V of 1935), s. 18. 8Subs. by the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3

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Section 23C

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the Mines (Amdt.) Act, 1967 (VII of 1967), s. 3, for fullstop. Page 35 of 35 1[Provided further that no exemption from the operation of the provisions of section 23C shall be granted unless, in case of an emergency, the national interest so requires and the employers’ and workers’ organisation have been consulted 2[:] 3[Provided further that no exemption from the operation of the p

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Section 22B

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so requires and the employers’ and workers’ organisation have been consulted 2[:] 3[Provided further that no exemption from the operation of the provi sions of section 22B or section 22C or section 25A shal l be granted except in the event of war or other emergency threatening the national safety. 4[* * * * * * *] 47. Power to alter or rescind o

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Section 22C

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the employers’ and workers’ organisation have been consulted 2[:] 3[Provided further that no exemption from the operation of the provi sions of section 22B or section 22C or section 25A shal l be granted except in the event of war or other emergency threatening the national safety. 4[* * * * * * *] 47. Power to alter or rescind orders. —The 5[app

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Section 25A

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and workers’ organisation have been consulted 2[:] 3[Provided further that no exemption from the operation of the provi sions of section 22B or section 22C or section 25A shal l be granted except in the event of war or other emergency threatening the national safety. 4[* * * * * * *] 47. Power to alter or rescind orders. —The 5[appropriate Govern

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Provisions explicitly cited in other instruments 3

Section 144 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by Mines Act, 1923

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tion of a requisition under sub-section (1) pending its decision on the objection. (7) Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898). 20. Notice to be given of accidents.___ 4[(1) Whenever there occurs in or about a mine⸻ (a) an accident causing loss of life or serious bodily injury, or (b) an accidental explosion, ignition, spo

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Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)

144. Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.__ (1) In cases where, in the opinion of 1[the Zila Nazim upon the written recommendation of the District Superintendent of Police or Executive District Officer] 2[ there is sufficient ground for proceeding under this sec

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Section 32 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by Mines Act, 1923

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elapsed, or, if an appeal has been presented, before the decision of the appeal. 8[40A. Special provision regarding fine. —Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees authorised by this, Act on any person convicted of an offence thereunder.] 41. Prosecutio

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Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)

32. Sentences which Magistrates may pass. __ (1) The Courts of Magistrates may pass the following sentences, namely:__ (a) Courts 1 [* * *] of Magistrates of the first class: Imprisonment for a term not exceeding 2[Three years] including such solitary confinement as is authorized by law; Fine not exce

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Section 4 of Indian Official Secrets Act, 1889

Cited by Mines Act, 1923

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by A.O., 1964, Art. 2 and Sch., to read as above. 6Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s. 2 and Sch. I, for “in the manner provided by section 4 of the Indian Official Secrets Act, 1889”. 7Subs. by Act XXIX of 1937, s. 3, for the original words as amended by A.O., 1937. 8Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for "Local Government". 9Ins. by Ac

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Cited instruments not matched in this library 8