Punjab · Act · 1923

MINES ACT 1923

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Mines 1923: Act IV

THE SCHEDULE Exemptions from the provisions of Mines Act, 1923

TEXT

1THE MINES ACT, 1923 (IV of 1923) [3 March 1923] An Act to amend and consolidate the law relating to the regulation and inspection 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 2[* *] Mines Act, 1923.

(2) 3[It extends to the whole of Pakistan].

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

Section 2. [Omitted]

4[ * * * * * * * * * ]

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) 6[“appropriate Government‟ means, in relation to mines of 7[nuclear substances, mineral oil, natural gas and liquids and substances declared by Federal Law to be dangerously inflammable, oilfields and gasfields] the 8[Federal Government] and, in relation to other mines, the Provincial Government;]]

(b) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act;

1For Statement of Objects and Reasons, see Gazette of India, 1922 Pt. V, P. 327; and for Report of Joint Committee, see ibid., 1923, Pt. V, P. 25. This Act was published in the Gazette of India, Part IV, dated 3.3.1923, pp. 7-15.

2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.

3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule.

4Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule.

5Inserted by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No. F.13(1)/59-D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2.

6Substituted by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

7Substituted for the words “nuclear substances, oil fields and gas fields” by the Federal Adaptation of Laws Order, 1975, vide Notification No. F.24(2)/75-Pub., published in the Gazette of Pakistan (Extraordinary) dated August 1, 1975, pp. 435-467, s. 2 and Schedule.

8Substituted for the words “Central Government” by the Order ibid., sub-section (3) of s. 2.

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[(ccc)] 4[* * * * * * * * * ]

(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 connected 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 below 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 minerals;

(g) “owner” when used in relation to a mine, means any 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, grant or 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 or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability;

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

(i) “qualified medical practitioner” means any person registered 5[* * * *] under any Act of 6[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 7[ 8[appropriate Government]] by notification in the 1[Official Gazette], to be a qualified medical practitioner for the purposes of this Act;

1Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 2.

2Inserted by the Act ibid., clause (b) of s. 2.

3Renumbered by the Act ibid.

4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.

5Omitted the words “under the Medical Act, 1858, or any Act amending the same or” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), vide Notification No. F.17(1)/81-Pub., published in the Gazette of Pakistan (Extraordinary), dated July 8, 1981, pp. 345-475, s. 3.

6Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.

7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

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

2[(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‟] 3[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 4[part of the body], or the permanent loss of or injury to the sight or hearing, or the fracture of any 5[part of the body] or the enforced absence of the injured person from work for a period exceeding twenty days; and

(I) “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 6[ 7[appropriate Government]] may, by notification in the 8[Official Gazette], appoint a duly qualified person to be Chief Inspector of Mines for the whole of 9[ 10[Pakistan]], 11[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 12[Pakistan].

(3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of

1Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (c) of s. 2.

3Added by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 2.

4Substituted for the word “limb” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 2.

5Ibid.

6Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.

7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

8Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.

9Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section 2 of s. 3.

10Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule.

11Inserted by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

12Substituted for the word “India” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3.

the 1[ 2[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 32.

(4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the 3[Pakistan] Penal Code.

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 of areas within which, or the group or class of mines with respect to which, Inspectors shall exercise their respective powers.

(2) The Inspector shall give information to owners, agents and managers of mines, situated 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 provision 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 assistants (if any) as he thinks fit, enter, inspect and examine any mine or any part thereof 4[* * *];

(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 5[, health and welfare] of the persons employed in the mine 6[;]

7[(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, registers or other documents, the keeping of which is prescribed, in order to see that they are in conformity with 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;

1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

3Substituted for the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3.

4Omitted the words “at any reasonable time by day or night but not so as unreasonably to impede or obstruct the working of the mine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 3.

5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 3.

6Substituted for full stop by the Act ibid.

7Added by the Act ibid.

(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 1[ 2[State]] duly authorized 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 measure 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 of the mine 3[:] 4[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 7 all reasonable facilities for 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 to any mine, and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection of any mine under this Act or acquired by any person authorised under section 7 in the exercise of his duties thereunder, shall be regarded as confidential 5[and shall not be disclosed to any person other than a Magistrate 6[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 safety of any persons].

(2) If the Chief Inspector, or an Inspector, or any other persons referred to in sub- section (1) discloses 7[contrary to the provisions of sub-section (1)], any such information as aforesaid without the consent of the 8[ 9[appropriate Government]], he shall be guilty of a breach of official trust, and shall be punishable 10[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 11[expect with the previous section of the 1[appropriate Government]], except on complaint made by order of, or under authority from, 2[the 3[appropriate Government]], or made by a person aggrieved by the offence.

1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

2Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No. F.13(1)/59- D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2.

3Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 3.

4Substituted by the Act ibid., s. 3.

5Added by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (a) of s. 3.

6Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 5.

7Substituted for the words “to any one, other than a Magistrate or an officer to whom he is subordinate” by the Indian Mines

(Amendment) Act, 1937 (XXIX of 1937), clause (b) of s. 3.

8Substituted for the words “Governor General in Councilor or of the Local Government” by the Government of India (Adaptation of Indian

Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

10Substituted for the words “in the manner provided by s. 4 of the Indian Official Secrets Act, 1889” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule.

11Substituted for the words “under this section” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (c) of s. 3.

[4] Section 9A. Secrecy of source of complaint

The Chief inspector or 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 committees

Section 10. Mining Boards

(1) The 5[ 6[appropriate Government]] may constitute 7[for any part of 8[ 9[Pakistan]], 10[or, as the case may be, of the Province], or for any group or class of mines 11[* * *], a Mining Board consisting of–

(a) a person in the service of the 12[State], not being a Chief Inspector or an Inspector, nominated by the 13[ 14[appropriate Government]] to act as chairman;

(b) the Chief Inspector or an Inspector;

15[(c) a person, not being the Chief Inspector or an Inspector, nominated by the 16[ 17[appropriate Government];]

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

1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

2Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

3Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 6.

5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

7Substituted for the words “for the province, or for any part of the province” by the Government of India (Adaptation of Indian

Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

8Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3.

9Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule.

10Inserted by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

11Omitted the words “in the province” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

12Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No. F.13(1)/59- D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2.

13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

14Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

15Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (1) of s. 3.

16Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

17Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

1[(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 person 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[ 3[appropriate Government]];

(iii) if neither sub-clause (i) nor sub-clause (ii) is applicable, the said persons shall be nominated by the 4[ 5[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 6[ 7[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 8[ 9[appropriate Government]] or by such officer or authority as the 10[ 11[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

1Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (2) of s. 3.

2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

3Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

11Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

(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[ 2[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, notwithstanding 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 3[ 4[appropriate Government]].

(5) On receiving such report the 5[ 6[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 7[ 8[appropriate Government]] may proceed to review such decision and to pass such order in the manner 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 the manager of the mine.

(6) The 9[ 10[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 11, for the purpose of enforcing the attendance of witnesses and compelling

3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

10Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

11V of 1908.

the production 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 1[Pakistan] Penal Code

Section 13. Recovery of expenses

The 3[ 4[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 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 5[owner or agent].

CHAPTER IV

Mining operations and management of mines

Section 14. 6[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 to 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–

1Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (1) of s. 3.

2XLV of 1860.

4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

5Substituted for the words “owner, agent or manager” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule.

6Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 7.

(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.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 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 of 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 a 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.]

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

(1) If, in any respect which 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, thing or practice in or connected with the mine, or with the control, management or direction thereof, is dangerous to human life 4[, health] or safety, or defective so as 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.

1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 8.

2Omitted the words “in respect of which the appropriate Government may, by Notification in the Official Gazette, declare this section to apply” by the Act ibid., s. 9.

3Inserted by the Act ibid., s. 10.

4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 11.

1[(1A) Without prejudice to the generality of the provisions contained in subsection (1), the Chief Inspector or the Inspector may, in any area to which the 2[appropriate Government] may by notification in the 3[official Gazette] declares that this sub-section applies, by order in writing addressed to the owner, agent or manager of mine,– 4[ * * ] 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 pillars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion, adequate provision against the outbreak of fire 5[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 6[or flooding]. 7[ * * * * * * * * * ]]

(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 8[, 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 of any person whose 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 the receipt of the order, appeal against the same to the Chief Inspector who may confirm, modify or cancel the order.

(4) The Chief Inspector or the Inspector making a requisition under sub-section (1) or an order under sub-section (2), and the Chief Inspector making an order (other than an order of cancellation) in appeal under sub-section (3), shall forthwith report the same to the 9[ 10[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 or 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 11[ 1[appropriate Government]], which shall refer the same to a Committee.

1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936,

pp. 38-39. (Sub-section (1A), inserted ibid. shall have effect for two years only from the commencement of the Act, 1936), sub- section (1) of s. 2.

4Omitted the bracket and letter “(a)” by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part-IV, dated April 13, 1940, p. 112, clause (a) of s. 3.

5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 11.

6Ibid.

7Omitted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part-IV, dated April 13, 1940, p. 112, clause (b) of s. 3.

8Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (c) of s. 11.

10Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

(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 the 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.

Section 20. Notice to be given of accidents

2[(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 towered or raised in a shaft or an incline, or

(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 the 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

1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

2Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 12.

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

[2] Section 20A. Notice or 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 the 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 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 3[ 1[appropriate Government]], if it is of

1Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 4.

2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 13.

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 2, 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 3[Pakistan] Penal Code

(3) Any 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 5[ 6[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. Publication of reports

The 7[ 8[appropriate Government]] may cause any report submitted by a Committee under section 11 9[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

[10] 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 11[forty-eight] hours in any week or for more than 12[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 1[ten and a half] hours,

1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63- Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

2V of 1908.

4XLV of 1860.

9Substituted for the word “or” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part- IV, dated April 27, 1935, pp. 8-10, s. 5.

10Inserted by the Act ibid., s. 6.

11Substituted for the words “fifty-four” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 14.

12Substituted for the word “ten” by the Act ibid., clause (a) of s. 14.

and that he shall not work for more than 2[five] hours before he has had an interval for rest of at least 3[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 4[eight] hours in any day.

(2) Work of the same kind shall not be carried on below ground in any mine for a period spreading over more than 5[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 6[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.

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 the hours he has worked after midnight shall be counted towards the previous day.]

[7] 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 hours.]

[8] Section 23A. [Omitted]

9[ * * * * * * * * * ]

Section 23B. Notices regarding hours 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 10[relays], the time of the commencement and of the end of work for each 11[relays]. 12[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 Chief Inspector, if he so requires.

1Substituted for the word “twelve” by the Act ibid., clause (b) of s. 14.

2Substituted for the word “six” by the Act ibid.

3Substituted for the word “one” by the Act ibid.

4Substituted for the word “nine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 15.

5Substituted for the word “nine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 15.

6Ibid.

7Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 7.

8Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, s. 3.

9Omitted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 8.

10Substituted for the word “shifts” by the Act ibid., clause (a) of s. 9.

11Ibid.

12Inserted by the Act ibid.

(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 be 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 1[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 Chief Inspector, not less than seven days before such change 2[ * * * * *.]]

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

[4] Section 23C. 5[Employment of women

(1) No woman shall be employed in any part of 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 provisions of this section shall not apply to women who do not perform manual work and are–

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

(b) employed in health and welfare services.]]

Section 24. Supervising staff

6[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 a managerial or technical character or employed in health and welfare services or employed in a confidential capacity.]

Section 25. Exemption from provisions regarding employment

7[(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 8[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. 9[(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.

1Substituted for the word “shift” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part- IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9.

2Omitted the comma and words “, if he requires or if the original notice was sent to him” by the Act ibid.

3Inserted by the Act ibid., clause (c) of s. 9.

4Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 2.

5Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 16.

6Substituted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3.

7Renumbered by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 17.

8Substituted for the words, figures and letter “section 23 or section 23A” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9.

9Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 17.

(3) In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, the 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 any calendar year, within the maximum limits of–

(a) ten hours of work on 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 or complementary work which must necessarily be carried on outside the mines or on work which is essentially intermittent.]

[1] Section 25A. Notices wages for overtime

(1) Where in a mine a person works for more than eight hours in any day or works for more than forty-eight 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. 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.

[2] Section 26A. Young persons not to be allowed underground without certificates of fitness

No person who has not completed his seventeenth year shall be 1[employed in any part of a mine,] unless–

1Ibid.

2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 12.

(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.] 2[26-B.– No person who has 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 purposes of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed 3[:]] 4[Provided further that such person shall be granted a rest period of at least thirteen consecutive hours between two working periods.]

Section 27. Disputes 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, 5[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.

[6] 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) 7[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 he 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.

1Substituted for the words “allowed to be present in any part of the mine which is below ground” by the Mines (Amendment) Act, 1967 (VII of 1967), published in the Gazette of Pakistan (Extraordinary), dated June 12, 1967, p. 388, s. 2.

2Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 4.

3Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 19.

4Inserted by the Act ibid.

5Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 13.

6Substituted by the Act ibid., s. 14.

7Substituted for the words “the nature” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 5.

(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 to which the 1[ 2[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.] 3[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, 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 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 under that sub-section 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 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;

2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 20.

(d) any maternity leave not exceeding twelve weeks;

(e) any period of lay-off 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. Causal 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 leave with full wages, at the rate equal to the daily average of his wages for the days on which he 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 1[ 2[appropriate Government]] to make regulations

The 3[ 4[appropriate Government]] may, by notification in the 5[Official Gazette], make regulations consistent with this Act for all or any of the following purposes, namely:–

1Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

3Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

5Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

(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 the certificates of competency;

(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 acting under them and for the suspension and cancellation of certificates 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 officers;]

(i) for regulating, subject to the provisions of the 2[*] Explosives Act, 1884, and of any rules made thereunder, the storage and use of explosives; 3[(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; 4[(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;]

1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 21.

2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 vide Notification No. G.G.O. 4, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223.283.

3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 21.

4Inserted by the Act ibid., clause (c) of s. 21.

(k) for providing for the safety of the persons employed in a mine, their means of entrance thereinto and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits or outlets, pathways and subsidences;

1[(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;]

(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;

2[(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;

(Ill) 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 3[and regulating] the ventilation of mines and the action to be taken in respect of dust 4[, ionising radiations, radioactive gases and dust, fire and inflammable] and noxious gases;

(n) for providing for the care, and the regulation of the use, of all machinery 5[, plant, equipment and material in mines]; 6[(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;] 7[(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;] 8[(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;] 9[(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;]

1Inserted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part-IV, dated April 13, 1940, p. 112, s. 4.

2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (d) of s. 21.

3Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, clause (a) of s. 3.

4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (e) of s. 21.

5Substituted by the Act ibid., clause (f) of s. 21.

6Inserted by the Act ibid., clause (g) of s. 21.

7Substituted by the Act ibid., clause (h) of s. 21.

8Inserted by the Act, ibid., clause (i) of s. 21.

9Substituted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38- 39, clause (b) of s. 3.

(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;

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 2[*] Railways Act, 1890, or of any public work or classes of public works which the 3[ 4[appropriate Government]] may, by general or special order, specify in this behalf.

Section 30. Power of 5[ 6[appropriate Government]] to make rules

The 7[ 8[appropriate Government]] may, 9[* * * *], by notification in the 10[Official Gazette], make rules consistent with this Act for all or any of the following purposes, namely:–

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

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

1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (j) of s. 21.

2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); published in the Gazette of Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule.

4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

9Omitted the words “subject to the control of the Governor General in Council” by the Government of India (Adaptation of Indian

Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

10Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptation.

2[(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; 3[(bb) for requiring the maintenance in mine 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;]

4[(bbb) for requiring 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 numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms;] 5[(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, 6[the standard of first-aid rooms and shelters, the equipment and furniture therein and the nature and extent of supervision to be provided therefor,] the supply and maintenance of medical appliances and comforts, 7[* * *], and the training of men in ambulance work;

8[(cc) for prescribing the forms of notices required under section 23B, and for requiring such notices to be posted also in specified vernaculars;] 9[(ccc) to fix seven consecutive hours between 7 P.M. and 7 A.M. for the purpose of section 26B;

(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

1Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (a) of s. 15.

2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 22.

3Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part-IV, dated June 8, 1945, p.

107, s. 2.

4Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 2.

5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 22.

6Inserted by the Act ibid., clause (c) of s. 22.

7Omitted the words “the formation and training of rescue brigades” by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, s. 4.

8Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, s. 6.

9Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 6.

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 1[to have completed their fifteenth year], and for prescribing the manner and the circumstances in which such certificates may be granted and revoked; 2[(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 3[registers] required by section 28;

4[(ff) to fix the time rates for persons employed on piece-rated basis and for requiring the maintenance of payment registers for 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 5[and of the regulations and rules] and the vernacular in which the abstracts and the regulations, rules and 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 6[Government] or any local authority or railway company as defined in the 7[*] Railways Act, 1890 8;

(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.

1Substituted for the words “to be more than thirteen years of age” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 15.

2Inserted by the Act ibid.

3Substituted for the word “register” by the Act ibid., clause (d) of s. 15.

4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (d) of s. 22.

5Inserted by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule.

6Substituted for the words “His Majesty” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No.F.13(1)/59-D&L., published in the Gazette of Pakistan (Extraordinary), dated Jan. 24, 1961, pp. 102-103, sub-section (2) and Table of s. 2.

7Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.4 of 1949); published in the Gazette of Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule. 8IX of 1890.

[1] Section 30A. Power of 2[appropriate Government] to require rescue stations to be established

The 3[appropriate Government] may, by notification in the 4[official Gazette], make 5[rules] under this section– 6[(a) requiring the establishment of central rescue stations for groups or 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;

(d) providing for the levy and collection of a duty of excise (at a rate not exceeding 7[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. Prior publication of regulations and rules

(1) The power to make regulations and rules conferred by sections 29, 8[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, 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 9[* *] is published under this section it shall be referred 10[* * *] to every Mining Board constituted in 11[ 12[Pakistan]], 1[ 2[which is, in

1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936,

pp. 38-39, s. 5.

3Ibid.

4Substituted for the words “Gazette of India” by the Order ibid.

5Substituted for the word “regulations” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 4.

6Substituted by the Act ibid.

7Substituted for the words “six pies” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 23.

8Substituted for the word and figure “and 30A” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 5.

9Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part- IV, dated September 29, 1928, p. 30, clause (a) of s. 7. 10Omitted the words “in the case of a regulation” by the Act ibid.

11Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 2.

12Substituted for the words “all Provinces” by the Central Laws (Statute Reforms) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule.

the opinion of the 3[ 4[appropriate Government]], concerned with the subject dealt with by the regulation]]; and the regulation 5[* *] 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. 6[(3-A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted 7[in the part of 8[ 9[Pakistan]] affected by the rule], and unless each such Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.]

(4) Regulations and rules shall be published in the 10[Official Gazette] 11[**], and, on such publication, shall have effect as if enacted in this Act. 12[(5) The provisions of sub-sections (1), (2) and (3-A) shall not apply to the first occasion on which rules referred to in clause (bb) or 13[clause (bbb) of section 30 are made.]

[14] 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 15[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.]

1Omitted the words “and in the case of a rule to every Mining Board constituted in the province” by the Indian Mines

(Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, clause (a) of

s. 7.

2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 16.

5Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part- IV, dated September 29, 1928, p. 30, clause (a) of s. 7.

6Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, clause (b) of s. 7.

7Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

8Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.

10Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

11Omitted the words “and the local Official Gazette” by the Order ibid., s. 3.

12Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part-IV, dated June 8, 1945, p. 107, s. 2.

13Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 3.

14Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936,

pp. 38-39, s. 6.

15Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.

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 of 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, or agent or manager under the provisions of the 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 1[ 2[appropriate Government]] may, by general or special order, appoint in this behalf.

(4)

(a) When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are 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 3[ 4[appropriate Government]] for approval.

(b) The 5[ 6[appropriate Government]] may make such modifications of the draft bye-laws as it thinks fit.

(c) Before the 1[ 2[appropriate Government]] approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the

3[ 4[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 5[ 6[appropriate Government]].

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

(i) the specific grounds of objection and

(ii) the omissions, additions or modifications asked for.

(e) The 7[ 8[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 9[ 10[appropriate Government]], shall have effect as if enacted in this Act, and the owner, agent or 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 conspicous place at or near the mine, where the bye- laws may be conveniently read or seen by the persons employed; and, as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch.

(6) The 11[ 12[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 at 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.

10Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

12Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No.

F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

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 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 certificate, or any official copy of a certificate, 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, or

(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 or 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. Contravention 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 of 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.

1Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 24.

2Substituted for the word “three” by the Act ibid., clause (b) of s. 24.

3Substituted for the words ”five hundred” by the Act ibid., s. 25.

4Substituted for the word “two” by the Act ibid., s. 26.

5Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 27.

Section 38. Notice of accidents

1[(1)] Whoever, in contravention of the provisions 2[of sub- section (1)] of section 20, fails to give notice of any accidental occurrence shall, if the occurrence results in serious bodily injury, be punishable with fine which may extend to 3[one thousand] rupees or, if the occurrence results in loss of life, be punishable with imprisonment which may extend to three months or with fine which may extend to 4[one thousand] rupees, or with both. 5[(2) Whoever in contravention of a direction made by the 6[ 7[appropriate Government]] under sub-section (2) of section 20 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with fine which may extend to 8[one thousand] rupees.]

Section 39. Disobedience of orders

Whoever contravenes any provision of this 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 punishable with fine which may extend to 9[two] thousand rupees, and, in the case of a continuing contravention, with a further fine which may extend to 10[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 11[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 12[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 13[one thousand] rupees, or with both.

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

(3) Any Court imposing, or 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:

1Re-numbered by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 17.

2Inserted by the Act ibid., clause (a) of s. 17.

3Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28.

4Ibid.

5Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 17.

6Omitted the words “and every Local Government ” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3.

8Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28.

9Substituted for the word “one” by the Act ibid., s. 29.

10Ibid.

11Substituted for the word “two” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 30.

12Substituted for the words “one thousand” by the Act ibid., clause (b) of s. 30.

13Substituted for the words “five hundred” by the Act ibid., clause (c) of s. 30.

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.

[1] Section 40A. Special provision regarding fine

Notwithstanding anything contained in section 32 of the Code 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.

[2] Section 42. Limitation of prosecution

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 been 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 3[*****] Magistrate of the 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 4[ 5[appropriate Government]] with a view to such reference being made.

(2) On receipt of a report under sub-section (1), the 6[ 7[appropriate Government]] may refer the case to a Mining Board or a Committee, or may direct the Court to proceed with the trial.

CHAPTER IX

1Inserted by the Act, ibid., s. 31.

2Substituted by the Act ibid., s. 32.

3Omitted the words “Presidency Magistrate or” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.

5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

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 1[ 2[appropriate Government]] may decide the question, and a certificate signed by a Secretary to the 3[ 4[appropriate Government]] shall be conclusive on the point.

Section 46. Power to exempt from operation of Act

(1) The 5[ 6[appropriate Government]] may, by notification in the 7[Official Gazette], exempt 8[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 9[;] 10[Provided further that no exemption from the operation of the provisions of section 23C shall be granted unless, in the case of an emergency, the national interest so requires and the employers‟ and workers‟ organisation concerned have been consulted 11[:]] 12[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.] 13[ * * * * * * * * * ]

Section 47. Power to alter or rescind orders

The 14[ 15[appropriate Government]] 1[****] may reverse or modify any order passed under this Act 2[*****].

5Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations.

7Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation.

8Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, s. 18.

9Substituted for the full stop by the Mines (Amendment) Act, 1967 (VII of 1967), published in the Gazette of Pakistan (Extraordinary), dated June 12, 1967, p. 388, s. 2.

10Inserted by the Act ibid.

11Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 33.

12Inserted by the Act ibid.

13Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3.

14Substituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptation.

15Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 vide Notification No. F.

2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.

Section 48. Application of Act to 3[Government] mines

This Act shall apply to mines belonging to the 4[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.

[5] Section 50. Repeals

* * * * * * * * ]

1Omitted the words “and every Local Government ” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3. 2Omitted the words “by any authority subject to his or its control as the case may be” by the Order ibid.

3Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No. F.13(1)/59- D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (2) of s. 2.

4Ibid. 5Omitted „the section 50‟ by the Repealing Act, 1927 (XII of 1927), published in the Gazette of India, Part-IV, dated September 10, 1927, pp. 29-37, s. 2 and Schedule.

1[THE SCHEDULE

EXEMPTIONS FROM THE PROVISIONS OF MINES ACT, 1923]

1Omitted „The Schedule‟ by the Repealing Act, 1927 (XII of 1927), published in the Gazette of India, Part-IV, dated September 10, 1927, pp. 29-37, s. 2 and Schedule.

Print contents from the source

CONTENTS 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement. 
2. [Omitted]  
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 complaint. 
CHAPTER III 
Mining boards and committees 
 10. Mining Boards. 
 11. Committees. 
 12. Powers of Mining Boards. 
 13. Recovery of expenses. 
CHAPTER IV 
Mining operations and management of mines 
 14. Notice before commencement of mining operations. 
 15. Managers. 
 16. Duties and responsibilities of owners, agents and managers. 
THE MINES ACT, 1923 
(IV of 1923) 
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 expres sly provided 
against exist or when employment of persons is dangerous. 
 20. Notice to be given of accidents. 
20A. Notice or occupational diseases. 
 21. Power of Government to appoint court of inquiry in cases of accidents. 
 22. Publication 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. 
23-A. [Omitted] 
23-B.  Notices regarding hours of work. 
23-C.  Employment of women. 
 24. Supervising staff. 
 25. Exemption from provisions regarding employment. 
25-A.  Extra wages for overtime. 
 26. Children. 
26-A. Young persons not to be allowed underground without certificates of 
fitness. 
26-B.  
 27. Disputes 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. Causal 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. Prior publication of regulations and rules. 
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. Contravention 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 prosecution. 
 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.

Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: e3b50eb853a98297ae385e53dc4b584c5c6421d8345c8abc2dc686b46148e43a.

Mines 
1923: Act IV 
CONTENTS 
CHAPTER I 
Preliminary 
1. Short title, extent and commencement. 
2. [Omitted]  
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 complaint. 
CHAPTER III 
Mining boards and committees 
 10. Mining Boards. 
 11. Committees. 
 12. Powers of Mining Boards. 
 13. Recovery of expenses. 
CHAPTER IV 
Mining operations and management of mines 
 14. Notice before commencement of mining operations. 
 15. Managers. 
 16. Duties and responsibilities of owners, agents and managers. 
THE MINES ACT, 1923 
(IV of 1923) 
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 expres sly provided 
against exist or when employment of persons is dangerous. 
 20. Notice to be given of accidents. 
20A. Notice or occupational diseases. 
 21. Power of Government to appoint court of inquiry in cases of accidents. 
 22. Publication 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. 
23-A. [Omitted] 
23-B.  Notices regarding hours of work. 
23-C.  Employment of women. 
 24. Supervising staff. 
 25. Exemption from provisions regarding employment. 
25-A.  Extra wages for overtime. 
 26. Children. 
26-A. Young persons not to be allowed underground without certificates of 
fitness. 
26-B.  
 27. Disputes 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. Causal 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. Prior publication of regulations and rules. 
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. Contravention 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 prosecution. 
 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. 
 
THE SCHEDULE 
Exemptions from the provisions 
of Mines Act, 1923 
 
  
 
TEXT 
 
1
THE MINES ACT, 1923 
(IV of 1923) 
[3 March 1923] 
An 
Act 
to amend and consolidate the law relating to the regulation and inspection 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 
1. Short title, extent and commencement.– (1) This Act may be called the 
2
[* *] Mines 
Act, 1923. 
(2) 
3
[It extends to the whole of Pakistan]. 
(3) It shall come into force on the first day of July, 1924. 
2. 
4
[ * * * * * * * * *   ]  
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) 
6
[“appropriate Government‟ means, in relation to mines of  
7
[nuclear 
substances, mineral oil, natural gas and liquids and substances declared by 
Federal Law to be dangerously inflammable, oilfi elds and gasfields] the 
8
[Federal Government] and, in relation to other mines, the Provincial 
Government;]] 
(b) “Chief Inspector” means the Chief Inspector of Mines appointed under this 
Act; 
                                                           
1For Statement of Objects and Reasons, see Gazette of India, 1922 Pt. V, P. 327; and for Report of Joint Committ ee, see ibid., 
1923, Pt. V, P. 25. This Act was published in the Gazette of India, Part IV, dated 3.3.1923, pp. 7-15. 
2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan 
(Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.  
3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan 
(Extraordinary), pp. 725-845, s. 3 and Second Schedule. 
4Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in Gazette of 
India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. 
5Inserted by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No.  F.13(1)/59-D&L., published in the 
Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. 
6Substituted by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of  
Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “nuclear substances, oil fields and gas fields” by the Federal Adaptation of Laws Order, 1975 , vide 
Notification No. F.24(2)/75-Pub., published in the Gazette of Pakistan (Extraordinary) dated August 1, 1975, pp. 435-467, s. 2 
and Schedule. 
8Substituted for the words “Central Government” by the Order ibid., sub-section (3) of s. 2. 
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
[(ccc)] 
4
[* * * * * * * * *   ] 
(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 
connected 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 below 
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 minerals; 
(g) “owner” when used in relation to a mine, means any 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, grant or 
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 or any part thereof shall be subject to this Act in like manner as if he 
were an owner, but not so as to exempt the owner from any liability; 
(h) “prescribed” means prescribed by regulations, rules or bye-laws; 
(i) “qualified medical practitioner”  means any person registered   
5
[* * * *] under 
any Act of 
6
[the Central Legislature or any Provincial Legislature] providing for 
the maintenance of a register of medical practitioners, an d includes, in any 
area where no such last -mentioned Act is in force, any person declared by 
the 
7
[
8
[appropriate Government]] by notification in the 
1
[Official Gazette], to be 
a qualified medical practitioner for the purposes of this Act; 
                                                           
1Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 
1935, pp. 8-10, s. 2. 
2Inserted by the Act ibid., clause (b) of s. 2. 
3Renumbered by the Act ibid. 
4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette o f Pakistan (Extraordinary), 
dated March 28, 1949, pp. 223-283, s. 3. 
5Omitted the words “under the Medical Act, 1858, or any Act amending the same or” by the Federal Laws (Revision and 
Declaration) Ordinance, 1981  (XXVII of 1981), vide Notification No. F.1 7(1)/81-Pub., published in the Gazette of Pakistan 
(Extraordinary), dated July 8, 1981, pp. 345-475, s. 3. 
6Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, 
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), d ated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
(j) “regulations”, “rules” and “bye-laws” means respectively regulations, rules and 
bye-laws made under this Act; 
2
[(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‟] 
3
[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 
4
[part of 
the body], or the perm anent loss of or injury to the sight or hearing, or the 
fracture of any 
5
[part of the body] or the enforced absence of the injured 
person from work for a period exceeding twenty days; and 
(I) “week” means the period between midnight on Saturday night and m idnight 
on the succeeding Saturday night. 
CHAPTER II 
Inspectors 
4. Chief Inspector and Inspectors .– (1) The 
6
[
7
[appropriate Government]]  may, by 
notification in the 
8
[Official Gazette], appoint a duly qualified person to be Chief Inspector of 
Mines for th e whole of 
9
[
10
[Pakistan]], 
11
[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 
12
[Pakistan]. 
(3) The District Magistrate may exercise the powers and perform the duties of an 
Inspector subject to the general or special  orders of 
                                                                                                                                                                                     
1Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in Gazette of India (Extraordinary), dated Apr il 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, clause (c) of s. 2.  
3Added by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (a) of s. 2. 
4Substituted for the word “limb” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 2. 
5Ibid. 
6Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (E xtraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptations.  
7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
8Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary ), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptations. 
9Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the 
Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section 2 of s. 3. 
10Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in 
the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. 
11Inserted by the  Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of 
Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.  
12Substituted for the word “India” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3. 
the 
1
[
2
[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 32. 
(4) The Chief Inspector and every Inspector shall be deemed to be a public 
servant within the meaning of the 
3
[Pakistan] Penal Code. 
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 of areas within which, or the group or class of mines with respect to 
which, Inspectors shall exercise their respective powers. 
(2) The Inspector shall give information to owners, agents and managers of 
mines, situated 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. 
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 provision 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 assistants (if any) as he thinks fit, enter, inspect and examine any 
mine or any part thereof 
4
[* * *]; 
(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 
5
[, health and welfare] of the persons 
employed in the mine 
6
[;] 
 
7
[(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, registers or other documents, the 
keeping of which is prescribed, in order to see that they are in conformity with 
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;  
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the w ord “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of 
Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. 
4Omitted the words “at any reasonable time by day or night but not so as unreasonably to impede or obstruct the working of the 
mine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, 
1973, pp. 498-509, clause (a) of s. 3. 
5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (b) of s. 3. 
6Substituted for full stop by the Act ibid. 
7Added by the Act ibid. 
(f)  after informing the manager o f 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. Powers of special officer to enter, measure, etc.– Any person in the service of the 
1
[
2
[State]] duly authorize d 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 measure 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 of the mine 
3
[:] 
4
[Provided that no such notice need be given if, for reasons to be recorded, the C hief 
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 7 al l reasonable facilities for making any entry, inspection, survey, measurement, 
examination or inquiry under this Act. 
9. Secrecy of information obtained .– (1) All copies of, and extracts from, registers or 
other records appertaining to any mine, and all ot her information acquired by the Chief Inspector 
or an Inspector or by any one assisting him, in the course of the inspection of any mine under 
this Act or acquired by any person authorised under section 7 in the exercise of his duties 
thereunder, shall be regarded as confidential  
5
[and shall not be disclosed to any person other 
than a Magistrate 
6
[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 safety of any persons]. 
(2) If the Chief Inspector, or an Inspector, or any other persons referred to in sub -
section (1) discloses  
7
[contrary to the provisions of sub -section (1)], any such information as 
aforesaid without the consent of the 
8
[
9
[appropriate Government]], he shall be guilty of a breach of 
official trust, and shall be punishable 
10
[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 
11
[expect with the previous 
section of the 
1
[appropriate Government]], except on complaint made by order of, or under 
authority from, 
2
[the 
3
[appropriate Government]], or made by a person aggrieved by the offence. 
                                                           
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
2Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961),  vide Notification No.  F.13(1)/59-
D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. 
3Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Ga zette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 3. 
4Substituted by the Act ibid., s. 3. 
5Added by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (a) of s. 3. 
6Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973),  published in the Gazette of Pakistan (Extraordinary), dated June 29, 
1973, pp. 498-509, s. 5. 
7Substituted for the words “to any one, other than a Magistrate or an officer to whom he is subordinate ” by the Indian Mines 
(Amendment) Act, 1937 (XXIX of 1937), clause (b) of s. 3. 
8Substituted for the words “Governor General in Councilor or of the Local Government” by the Government of India (Adaptation of Indian 
Laws) Order, 1937, dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated Apr il 1, 1937 , pp. 75-344, s. 4 and 
Table of General Adaptation. 
9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
10Substituted for the words “in the manner provided by s. 4 of the Indian Official Secrets Act, 1889” by the Repealing and Amending Act, 
1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule. 
11Substituted for the words “under this section” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (c) of s. 3. 
4
[9A. Secrecy of source of complaint .– The Chief inspector or Inspector shall treat as 
absolutely confidential the source of any complaint bringing to his notice a defect or breach 
of any provision of t his 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 committees 
10. Mining Boards.– (1) The 
5
[
6
[appropriate Government]] may constitute 
7
[for any part of 
8
[
9
[Pakistan]], 
10
[or, as the case may be, of the Province], or for any group or class of mines 
11
[* * *], a Mining Board consisting of– 
(a) a person in the servi ce of the 
12
[State], not being a Chief Inspector or an 
Inspector, nominated by the 
13
[
14
[appropriate Government]] to act as chairman;  
(b) the Chief Inspector or an Inspector; 
15
[(c) a person, not being the Chief Inspector or an Inspector, nominated by the 
16
[
17
[appropriate Government];]  
(d) two persons nominated by owners of mines or their representatives in such 
manner as may be prescribed. 
                                                                                                                                                                                     
1Substituted for the words “Central Government” by the Central Adaptation of Law s Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
2Substituted for the words “Governor General in Council” by the Government of India (Adaptatio n of Indian Laws) Order, 1937, dated 
18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
3Substituted for the words “Central Government” by the Central Adaptation of Laws O rder, 1964, vide Notification No.  F.2(1)/63-Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, s. 6. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1,  1937, pp. 75-344, s. 4 and Table of General 
Adaptation. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “for the province, or for any part of the province” by the Government of India (Adaptation of India n 
Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
8Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the 
Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. 
9Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in 
the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. 
10Inserted by the Central Adaptation of Laws O rder, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of 
Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
11Omitted the words “in the province” by the Government of India (Adaptation of Indian Laws) Order , 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
12Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No.  F.13(1)/59-
D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. 
13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published  in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
14Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
15Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, 
1935, pp. 8-10, clause (1) of s. 3. 
16Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
17Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
1
[(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 person 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
[
3
[appropriate 
Government]];  
(iii)  if neither sub -clause (i) nor sub -clause (ii) is applicable, the said persons 
shall be nominated by the 
4
[
5
[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 
6
[
7
[appropriate Government]] may give directions a s 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. 
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 
8
[
9
[appropriate Government]] or by such officer 
or authority as the 
10
[
11
[appropriate Government]] may authorise in this behalf; 
(b) a person nominated by the chairman and qualified b y experience to dispose 
of the question referred to the Committee; and 
                                                           
1Added by t he Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, clause (2) of s. 3. 
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1 937, dated 18th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
3Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937,  published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in Gazette of Ind ia (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
11Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
(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
[
2
[appropriate Government]] to represent th e 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, notwithstanding 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 I nspector 
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 
3
[
4
[appropriate Government]]. 
(5) On receiving such report the 
5
[
6
[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 Co mmittee, in which case the 
7
[
8
[appropriate 
Government]] may proceed to review such decision and to pass such order in the manner 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 the manager of the mine. 
(6) The 
9
[
10
[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. 
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
11
, for the pur pose of enforcing the attendance of witnesses and compelling 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordin ary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Gen eral 
Adaptation. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
10Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
11V of 1908. 
the production 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 
1
[Pakistan] Penal Code
2
. 
13. Recovery of expenses .– The 
3
[
4
[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 s ection 11 shall be borne in whole or in part by the owner or 
agent of the mine concerned, and the amount so directed to be paid may, on application by 
the Chief Inspector or an Inspector to a Magistrate having jurisdiction at the place where the 
mine is situated or where such owner or agent is for the time being resident, be recovered by 
the distress and sale of any movable property within the limits of the Magistrate‟s jurisdiction 
belonging to such 
5
[owner or agent]. 
CHAPTER IV 
Mining operations and management of mines 
14. 
6
[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 propo sed 
mining operations, not less than fifteen days before to 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 for m 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 dee med to have expired and no operations 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 qual ifications 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 th ere 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 cont ravention 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 p ower enforcing those provisions, to prevent such 
contravention: 
Provided that the owner or agent shall not be so deemed if he proves– 
                                                           
1Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan 
(Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (1) of s. 3.  
2XLV of 1860. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
4Substituted for the words “Central Govern ment” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “owner, agent or manager” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the 
Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule. 
6Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (E xtraordinary), dated 
June 29, 1973, pp. 498-509, s. 7. 
(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.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 on such scale, and such supply of water fit for drinking, 
as may be prescribed. 
1
[17A. Canteens.– At every mine wherein more than one hundred perso ns 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 interval s of rest, shelters of such standard and on such scale as 
may be prescribed.] 
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 a convenient place and in good and serviceable order. 
3
[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 when employment of persons is dangerous .– (1) If, in any respect which 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 an y matter, thing or practice in or connected with the mine, or 
with the control, management or direction thereof, is dangerous to human life 
4
[, health] or 
safety, or defective so as 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. 
                                                           
1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, s. 8. 
2Omitted the words “in respect of which the app ropriate Government may, by Notification in the Official Gazette, declare this 
section to apply” by the Act ibid., s. 9. 
3Inserted by the Act ibid., s. 10. 
4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (a) of s. 11. 
1
[(1A) Without prejudice to the generality of the provisions contained in subsection 
(1), the Chief Inspector or the Inspector may, in any area to which the 
2
[appropriate 
Government] may by notification  in the 
3
[official Gazette] declares that this sub -section 
applies, by order in writing addressed to the owner, agent or manager of mine,– 
4
[ * * ] 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 pillars or the premature collapse of 
any part of the workings or otherwise endanger the mine, or if, in his opinion, adequate 
provision against the outbreak of fire 
5
[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  
6
[or flooding]. 
7
[ * * * * * * * * *  ]] 
(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 
8
[, health] or safety of any person employed in any mine or part thereof, he may, 
by an order in writing containing a statemen t of the grounds of his opinion, prohibit, until the 
danger is removed, the employment in or about the mine or part thereof of any person whose 
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 the receipt of the order, appeal 
against the same to the Chief Inspector who may confirm, modify or cancel the order. 
(4) The Chief Inspector or the Inspector making a requisition under sub-section (1) or 
an order under sub-section (2), and the Chief Inspector making an order (other than an order of 
cancellation) in appeal under sub -section (3), shall forthwith report the same to the 
9
[
10
[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 Inspect or under sub-section (2), or sub-section 
(3), he may, within twenty days after the receipt of the notice containing the requisition or 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 
11
[
1
[appropriate Government]], which shall refer the 
same to a Committee. 
                                                           
1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, 
pp. 38-39. (Sub-section (1A), inserted ibid. shall have effect for two years only from the commencement of the Act, 1936) , sub-
section (1) of s. 2. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
4Omitted the bracket and letter “(a)” by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of 
the India, Part-IV, dated April 13, 1940, p. 112, clause (a) of s. 3.  
5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (b) of s. 11. 
6Ibid. 
7Omitted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part-IV, dated April 
13, 1940, p. 112, clause (b) of s. 3. 
8Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (c) of s. 11. 
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
10Substituted for the wo rds “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
(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 the 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. 
20.  Notice to be given of accidents.– 
2
[(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 ro pes, chains or other gear by which persons or materials are 
towered or raised in a shaft or an incline, or  
(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 the 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;  
(c) the workers‟ representative must have reasonable opportunity to inspect the 
place if he wishes;  
(d) an accurate plan must be made, and copies thereof made available to the 
Inspector and the workers‟ representative; and 
                                                                                                                                                                                     
1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
2Substituted by the Mines (Amendment) Act, 1973 (XL V of 1973), published in the Gazette of Pakistan (Extraordinary), dated 
June 29, 1973, pp. 498-509, s. 12. 
(e) everything which is relevant to the acciden t must be preserved as far as 
possible, in the condition in which it was at the time of the accident.] 
1
[(2) The [appropriate Government] may, by notification in the [official Gazette] direct that 
accidents other than those specified in sub -section (1) which cause bodily injury resulting in 
the enforced absence from work of the person injured for a period exceeding forty -eight 
hours shall be entered in a register in the prescribed form or 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 30 th day of 
June and the 31st day of December in each year, to the Chief Inspector.] 
2
[20A. Notice or 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, ag ent or the 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 qualifie d 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 a ny 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 mine and wh o 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  
(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 In spector 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.] 
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 
3
[
1
[appropriate Government]], if it is of 
                                                           
1Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 4. 
2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, s. 13. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order , 1937, dated 18th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
opinion that a formal inquiry into the causes of, and circumstances attending, the ac cident 
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
2
, 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 
3
[Pakistan] 
Penal Code
4
. 
(3) Any person holding an inquiry under this section may exercise such of the 
powers of an Inspector und er 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 
5
[
6
[appropriate Government]] stating the causes of the accident and its circu mstances, and 
adding any observations which he or any of the assessors may think fit to make. 
22. Publication of reports .– The 
7
[
8
[appropriate Government] ] may cause any report 
submitted by a Committee under section 11 
9
[and shall cause every report submit ted] 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 
10
[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 ground .– (1) A person employed above ground in a mine 
shall not be allowed to work for more than 
11
[forty-eight] hours in any week or for more than 
12
[eight] hours in any day. 
  (2) The periods of work of any such per son shall be so arranged that, along with 
his intervals for rest, they shall not in any day spread over more than 
1
[ten and a half] hours, 
                                                                                                                                                                                     
1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
2V of 1908. 
3Substituted for the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of 
Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. 
4XLV of 1860. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Ex traordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
9Substituted for the word “or” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -
IV, dated April 27, 1935, pp. 8-10, s. 5. 
10Inserted by the Act ibid., s. 6. 
11Substituted for the words “fifty-four” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 14. 
12Substituted for the word “ten” by the Act ibid., clause (a) of s. 14. 
and that he shall not work for more than 
2
[five] hours before he has had an interval for rest of 
at least 
3
[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 onl y 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 
4
[eight] hours in any day.  
(2) Work of the same kind shall not be carried on below ground in any mine for a 
period spreading over more than 
5
[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 
6
[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.  
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 the hours 
he has worked after midnight shall be counted towards the previous day.] 
7
[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 
hours.] 
8
[23A.
9
[ * * * * * * * * *   ] 
23-B. Notices regarding hours 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 
10
[relays], the time of the commencement and of the end of work for each 
11
[relays]. 
12
[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 Chief 
Inspector, if he so requires. 
                                                                                                                                                                                     
1Substituted for the word “twelve” by the Act ibid., clause (b) of s. 14. 
2Substituted for the word “six” by the Act ibid. 
3Substituted for the word “one” by the Act ibid. 
4Substituted for the word “nine” by the Mines (Amendment) Act, 1973  (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 15. 
5Substituted for the word “nine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 15. 
6Ibid. 
7Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 7. 
8Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928) , published in the Gazette of India, Part -IV, dated 
September 29, 1928, p. 30, s. 3. 
9Omitted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 8. 
10Substituted for the word “shifts” by the Act ibid., clause (a) of s. 9. 
11Ibid.              
12Inserted by the Act ibid. 
(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 be 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 
1
[relay or in the rest 
intervals fixed for persons employed above ground], an amended notice in the p rescribed 
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 Chief Inspector, not less than 
seven days before such change 
2
[ * * * * *.]]  
  
3
[(4) No person sha ll be allowed to work in a mine otherwise than in 
accordance with the notice required by sub-section (1).] 
4
[23-C. 
5
[Employment of women .– (1) No woman shall be employed in any part of 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 provisions of this section shall not apply to women who do not perform 
manual work and are–  
(a) holding positions of managerial or technical character; or  
(b)  employed in health and welfare services.]] 
24. Supervising staff.– 
6
[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 a managerial or technical character or employed 
in health and welfare services  or employed in a confidential capacity.] 
25. Exemption from provisions regarding employment .– 
7
[(1)] In case of an 
emergency involving serious risk to the safety of the mine or of persons empl oyed therein, 
the manager may, subject to the provisions of section 19, permit persons to be employed in 
contravention of 
8
[section 22A, section 22B, section 22C, section 23, or sub -section (4) of 
section 23B] on such work as may be necessary to protect th e 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. 
9
[(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. 
                                                           
1Substituted for the word “shift” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-
IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9. 
2Omitted the comma and words “, if he requires or if the original notice was sent to him” by the Act ibid. 
3Inserted by the Act ibid., clause (c) of s. 9. 
4Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 2.  
5Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated 
June 29, 1973, pp. 498-509, s. 16. 
6Substituted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3. 
7Renumbered by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated 
June 29, 1973, pp. 498-509, s. 17. 
8Substituted for the words, figures and letter “section 23 or section 23A” by the Indian Mines (Amendment) Act, 1935 (V of 
1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9. 
9Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, s. 17. 
(3) In case of prescribed processes which are required by their nature to be 
carried on continuously by a succession of shifts, the 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 any calendar year, within the maximum limits 
of–  
(a)  ten hours of work on 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 spec ified in the order, to a class of workers engaged either on 
preparatory or complementary work which must necessarily be carried on outside the mines 
or on work which is essentially intermittent.]  
1
[25-A. Notices wages for overtime .– (1) Where in a mine a person works for more than 
eight hours in any day or works for more than forty -eight 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, th e period of overtime work being calculated on 
a daily basis or weekly basis, whichever is more favourable to him. 
Explanation.– In this sub-section, „ordinary rate of wages‟ means all remuneration capable 
of being expressed in terms of money which would, i f 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 a nd 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.] 
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. 
2
[26-A.  Young persons not to be allowed underground without certificates of fitness .– 
No person who has not completed his seventeenth year shall be 
1
[employed in any part of a 
mine,] unless–  
                                                           
1Ibid. 
2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 12. 
(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.] 
2
[26-B.– No person who has 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 leas t 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 an y mine as an apprentice or for the purposes of receiving vocational 
training, in such circumstances and in accordance with such conditions as may be 
prescribed 
3
[:]]  
4
[Provided further that such person shall be granted a rest period of at least thirteen 
consecutive hours between two working periods.] 
27. Disputes 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, 
5
[or has not 
completed his seventeenth year]  t he 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. 
6
[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) 
7
[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 he belongs. 
(2) The entrie s 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. 
                                                                                                                                                                                     
1Substituted for the words “allowed to be present in any part of the mine which is below ground” by the Mines (A mendment) 
Act, 1967 (VII of 1967), published in the Gazette of Pakistan (Extraordinary), dated June 12, 1967, p. 388, s. 2. 
2Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 4. 
3Substituted for the full stop by the Mines (Amendment) Act, 1973  (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 19. 
4Inserted by the Act ibid. 
5Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated Apr il 27, 
1935, pp. 8-10, s. 13. 
6Substituted by the Act ibid., s. 14. 
7Substituted for the words “the nature” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 5. 
(3) No person shall be employed in a mine until the particulars requi red 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 to which the 
1
[
2
[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.] 
3
[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, under an y 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.  
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 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 under that 
sub-section 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 fur ther 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 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;  
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Ind ian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 19 64, vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraor dinary), dated June 29, 
1973, pp. 498-509, s. 20. 
(c) any leave, with or without wages, due to sickness or accident;  
(d) any maternity leave not exceeding twelve weeks;  
(e) any period of lay-off arising due to failure, refusal or inability of any owner on 
account of shortage of coal, power or raw material or t he 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.  
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.  
28D.  Causal 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.  
28E.  Wages during lea ve 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 leave with full wages, at the rate equal to the daily  average of his wages 
for the days on which he 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 
1
[
2
[appropriate Government]] to make regulations .– The 
3
[
4
[appropriate 
Government]] may, by notification in the  
5
[Official Gazette], make regulations consistent with 
this Act for all or any of the following purposes, namely:– 
                                                           
1Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated Apri l 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1 , 1937 , pp. 75-344, s. 4 and Table of 
General Adaptation. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
(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 otherwise, the 
qualifications of managers of mines and persons acting under them, a nd the 
granting and renewal of the certificates of competency; 
(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 acting under 
them and for the suspension and cancellation of certificates 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 officers;] 
(i) for regulating, subject to the provisions of the 
2
[*] Explosives Act, 1884, and of 
any rules made thereunder, the storage and use of explosives; 
3
[(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; 
4
[(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;] 
                                                           
1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (a) of s. 21. 
2Omitted the word “Indian” by the Adaptatio n of Central Acts and Ordinances Order, 1949 vide Notification No. G.G.O.  4, 
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223.283. 
3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (b) of s. 21. 
4Inserted by the Act ibid., clause (c) of s. 21. 
(k) for providing for the safety of the persons employed in a mine, their means of 
entrance thereinto and exit therefrom, the number of shafts or outlets to be 
furnished, and the fencing of shafts, pits or outlets, pathways and 
subsidences; 
1
[(kk) for prohibiting the employment in a m ine 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;] 
(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; 
2
[(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;  
(Ill) 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 o r any other 
body of surface water, whether natural or artificial, or of any public roads, or 
buildings;] 
(m) for providing for 
3
[and regulating] the ventilation of mines and the action to be 
taken in respect of dust 
4
[, ionising radiations, radioactive gases and dust, fire 
and inflammable] and noxious gases; 
(n) for providing for the care, and the regulation of the use, of all machinery 
5
[, 
plant, equipment and material in mines]; 
6
[(nn) for providing for the safety of persons present on haulage roads in mi nes and 
for prohibiting, restricting or regulating the use of certain classes of 
locomotives underground;] 
7
[(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 person s entering a 
mine for the prescribed prohibited articles;] 
8
[(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 o f such protective equipments, clothings 
and apparatus;] 
9
[(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 extract ion of minerals in circumstances likely to 
result in or to aggravate irruptions of water or ignitions in mines;]  
                                                           
1Inserted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part -IV, dated April 13, 
1940, p. 112, s. 4. 
2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, 
1973, pp. 498-509, clause (d) of s. 21. 
3Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, 
clause (a) of s. 3. 
4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, 
1973, pp. 498-509, clause (e) of s. 21. 
5Substituted by the Act ibid., clause (f) of s. 21. 
6Inserted by the Act ibid., clause (g) of s. 21. 
7Substituted by the Act ibid., clause (h) of s. 21. 
8Inserted by the Act, ibid., clause (i) of s. 21. 
9Substituted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-
39, clause (b) of s. 3. 
(q) for prescribing the notices of accidents and dangerous occurrences, and the 
notices, reports and returns of minerals output, persons emplo yed 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; 
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 ma nager 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 o f 
2
[*] Railways Act, 
1890, or of any public work or classes of public works which the 
3
[
4
[appropriate Government]] may, by general or special order, specify in this 
behalf. 
30.  Power of 
5
[
6
[appropriate Government ]] to make rules .– The 
7
[
8
[appropriate 
Government]] may, 
9
[* * * *], by notification in the 
10
[Official Gazette], make rules consistent 
with this Act for all or any of the following purposes, namely:– 
(a) for providing for the appointment of chairmen and members of Mining Boards, 
and for regulating the procedure of such Boards; 
 
1
[(aa) for prescribing the form of the register referred to in sub -section (2) of section 
20;] 
                                                           
1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, 
1973, pp. 498-509, clause (j) of s. 21. 
2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.  4 of 1949); published in the Gazette 
of Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
9Omitted the words “subject to the control of the Governor General in Council” by the Government of India (Adaptation of Indian 
Laws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
10Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptation. 
  
2
[(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; 
3
[(bb) for requiring the maintenance in mine 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;] 
 
4
[(bbb) for requiring 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 numbers of men and women ordinarily employed in 
a mine, the number and standards of such places and rooms;] 
5
[(bbbb) for prescribing the standard in respect o f 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,
6
[the standard 
of first-aid rooms and shelters, the equipment and furniture therein and the 
nature and exte nt of supervision to be provided therefor,] the supply and 
maintenance of medical appliances and comforts, 
7
[* * *], and the training of 
men in ambulance work; 
8
[(cc) for prescribing the forms of notices required under section 23B,  and for 
requiring such notices to be posted also in specified vernaculars;] 
9
[(ccc) to fix seven consecutive hours between 7 P.M. and 7 A.M. for the purpose of 
section 26B;  
(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 
                                                                                                                                                                                     
1Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, clause (a) of s. 15. 
2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (a) of s. 22. 
3Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part -IV, dated June 8, 1945, p. 
107, s. 2. 
4Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 2. 
5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, 
1973, pp. 498-509, clause (b) of s. 22. 
6Inserted by the Act ibid., clause (c) of s. 22. 
7Omitted the words “the formation and training of rescue brigades” by the Indian Mines (Amendment) Act, 1936 (XI of 1936), pub lished 
in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, s. 4. 
8Inserted by the Indian Mines (Amendment)  Act, 1928 (XIII of 1928), published in the Gazette of India, Part -IV, dated September 29, 
1928, p. 30, s. 6.  
9Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 6. 
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 
1
[to have 
completed their fifteenth year], and for prescribing the manner and the 
circumstances in which such certificates may be granted and revoked; 
2
[(ee) for prescribing the form of the certificates of fitness required by section 26A 
and the circumstances in which such certific ates may be granted and 
revoked;] 
(f) for prescribing the form of 
3
[registers] required by section 28; 
 
4
[(ff) to fix the time rates for persons employed on piece -rated basis and for 
requiring the maintenance of payment registers for 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 
5
[and of the regulations and rules] and the 
vernacular in which the abstracts and the regulations, rules and 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 
6
[Government] or any local authority or 
railway company as defined in the 
7
[*] Railways Act, 1890
8
; 
(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. 
                                                           
1Substituted for the words “to be more than thirteen years of age” by the Indi an Mines (Amendment) Act, 1935 (V of 1935), 
published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 15. 
2Inserted by the Act ibid. 
3Substituted for the word “register” by the Act ibid., clause (d) of s. 15. 
4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 
29, 1973, pp. 498-509, clause (d) of s. 22. 
5Inserted by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 
3, 1925, p. 67, s. 2 and First Schedule. 
6Substituted for the words “His Majesty” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification 
No.F.13(1)/59-D&L., published in the Gazette of Pakistan (Extraordinary ), dated Jan. 24, 1961, pp. 102-103, sub-section (2) 
and Table of s. 2. 
7Omitted the word “Indian” by the Adaptation of Central Acts and  Ordinances Order, 1949 (G.G.O.4 of 1949); published in the 
Gazette of Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule. 
8IX of 1890. 
1
[30A.  Power of 
2
[appropriate Government ] to require rescue stations to be 
established.– The 
3
[appropriate Government] may, by notification in the 
4
[official Gazette], 
make 
5
[rules] under this section– 
6
[(a) requiring the establishment of central rescue stations for groups or 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 conce rned) 
charged with such management;  
(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 
7
[three paisa] per ton on co ke 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.] 
31.  Prior publication of regulations and rules .– (1) The po wer to make regulations 
and rules conferred by sections 29, 
8
[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, 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 
9
[* *] is published under this section it shall 
be referred 
10
[*     * *] to every Mining Board constituted in 
11
[
12
[Pakistan]], 
1
[
2
[which is, in 
                                                           
1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, 
pp. 38-39, s. 5. 
2Substituted for the words “Governor General in Council” by the Governme nt of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptation. 
3Ibid. 
4Substituted for the words “Gazette of India” by the Order ibid. 
5Substituted for the word “regulations” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 4. 
6Substituted by the Act ibid. 
7Substituted for the words “six pies” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazett e of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 23. 
8Substituted for the word and figure “and 30A” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 5. 
9Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (X III of 1928), published in the Gazette of India, Part -
IV, dated September 29, 1928, p. 30, clause (a) of s. 7.  
10Omitted the words “in the case of a regulation” by the Act ibid.  
11Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 2. 
12Substituted for the words “all Provinces” by the Central Laws (Statute Reforms) Ordinance, 1960 (XXI of 1960), pu blished in 
the Gazette of Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule. 
the opinion of the 
3
[
4
[appropriate Government]], concerned with the subject dealt with by the 
regulation]]; and the regulation 
5
[* *] 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. 
6
[(3-A) No rule shall be made unless the draft thereof has been referred to every 
Mining Board constituted 
7
[in the part of 
8
[
9
[Pakistan]] affected by the rule], and unless each 
such Board has had a reasonable opportunity of reporting as to the expediency o f making 
the same and as to the suitability of its provisions.] 
(4) Regulations and rules shall be published in the 
10
[Official Gazette] 
11
[**], and, 
on such publication, shall have effect as if enacted in this Act. 
12
[(5) The provisions of sub -sections (1), (2) and (3 -A) shall not apply to the first 
occasion on which rules referred to in clause (bb) or 
13
[clause (bbb) of section 30 are made.] 
 
14
[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 
15
[appropriate Government] is satisfied 
that for the p revention 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 sha ll not remain in force for more than two 
years from the making thereof.] 
                                                                                                                                                                                     
1Omitted the words “and in the case of a rule to every Mining Board constituted in the province” by the Indian Mines 
(Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, clause (a) of 
s. 7.   
2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 16. 
3Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptation. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part -
IV, dated September 29, 1928, p. 30, clause (a) of s. 7. 
6Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), publis hed in the Gazette of India, Part -IV, dated 
September 29, 1928, p. 30, clause (b) of s. 7. 
7Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette 
of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
8Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, 
published in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. 
9Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in 
the Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. 
10Substituted for the words “Gazette of India” by the Government  of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
11Omitted the words “and the local Official Gazette” by the Order ibid., s. 3. 
12Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part -IV, dated June 8, 
1945, p. 107, s. 2. 
13Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 3.  
14Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, 
pp. 38-39, s. 6. 
15Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptations. 
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 m ay 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 of 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, or agent or 
manager under the provisions of the 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 i s no Mining Board, to such officer or 
authority as the 
1
[
2
[appropriate Government]] may, by general or special order, appoint in this 
behalf. 
 (4) (a) When such draft bye-laws have been agreed to by the owner, agent or 
manager and the Chief Inspector or Inspector, or, when they are 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 
3
[
4
[appropriate Government]] for 
approval. 
(b) The 
5
[
6
[appropriate Government]] may make such modifications of the draft 
bye-laws as it thinks fit. 
(c) Before the 
1
[
2
[appropriate Government]] approves the draft bye -laws, whether 
with or without modifications, there shall be published, in such manner as the 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, pub lished in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation.  
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gaz ette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3
[
4
[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 
5
[
6
[appropriate Government]]. 
(d) Every objection shall be in writing and shall state–  
(i) the specific grounds of objection and  
(ii) the omissions, additions or modifications asked for. 
(e) The 
7
[
8
[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 
9
[
10
[appropriate Government]], shall 
have effect as if enacted in this Act, and the owner, agent or manag er 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 conspicous place at or near the mine, where the bye -
laws may be conveniently read or seen by the persons employed; and, as often as the same 
become defaced, obliterated or destroyed, shall cause them to be renewed with all 
reasonable despatch. 
(6) The 
11
[
12
[appropriate Government]] may, by order in writing rescind, in whole or 
in part, any bye -law so made, and there upon such bye -law shall cease to have effect 
accordingly. 
33. Posting up of abstracts from Act, regulations, etc.– There shall be kept posted up 
at 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. 
                                                                                                                                                                                     
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary ), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Genera l 
Adaptation. 
8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
10Substituted for the words “Cent ral Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
12Substituted for the words “Central Government ” by the Central Adaptation of Laws Order, 1964 , vide Noti fication No. 
F.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
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 re fuses 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 be punishable with impriso nment 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 pu nishable 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 certificate, or any 
official copy of a certificate, 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, or 
(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 or 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. 
37. Contravention 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 of 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. 
                                                           
1Substituted for the words “five hundred” by the Mines (Amen dment) Act, 1973 (XLV of 1973), published in the Gazette of 
Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 24. 
2Substituted for the word “three” by the Act ibid., clause (b) of s. 24. 
3Substituted for the words ”five hundred” by the Act ibid., s. 25. 
4Substituted for the word “two” by the Act ibid., s. 26. 
5Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of 
Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 27. 
38. Notice of accidents .– 
1
[(1)] Whoever, in contravention of the provisions 
2
[of sub -
section (1)] of section 20, fails to give notice of any accidental occurrence shall, if the 
occurrence results in serious bodily injury, be punishable with fine which may extend to 
3
[one 
thousand] rupees or, if the occurrence results in loss of life, be punishable with imprisonment 
which may extend to three months or with fine which may extend to 
4
[one thousand] rupees, 
or with both. 
5
[(2) Whoever in contraventi on of a direction made by the 
6
[
7
[appropriate 
Government]] under sub-section (2) of section 20 fails to record in the prescribed register or 
to give notice of any accidental occurrence shall be punishable with fine which may extend 
to 
8
[one thousand] rupees.] 
39. Disobedience of orders.– Whoever contravenes any provision of this 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 punishable with fine which may extend to 
9
[two] 
thousand rupees, and, in the case of a continuing contravention, with a further fine which 
may extend to 
10
[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. 
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 
11
[four] thousand rupees, or with both; or, if such contravention results in 
serious bodily injury, with imprisonment which may ext end to six months, or with fine which 
may extend to 
12
[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 
13
[one thousand] rupees, 
or with both. 
(2) Where a person having been convicted under this section is again convicted 
thereunder, he shall be punishable with double the punishment provided by sub-section (1). 
(3) Any Court imposing , or 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: 
                                                           
1Re-numbered by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 
27, 1935, pp. 8-10, s. 17. 
2Inserted by the Act ibid., clause (a) of s. 17. 
3Substituted for the words “five hundred” b y the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of 
Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28. 
4Ibid. 
5Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, clause (b) of s. 17. 
6Omitted the words “and every Local Government ” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. 
7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
8Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of 
Pakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28. 
9Substituted for the word “one” by the Act ibid., s. 29. 
10Ibid. 
11Substituted for the word “two” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 30. 
12Substituted for the words “one thousand” by the Act ibid., clause (b) of s. 30. 
13Substituted for the words “five hundred” by the Act ibid., clause (c) of s. 30. 
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. 
1
[40A. Special provision regarding fine .– Notwithstanding anything contained in section 
32 of the Code 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 th ousand 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 instanc e 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. 
2
[42. Limitation of prosecution .– 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 been 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.] 
43. Cognizance of offences.– No Court inferior to that of a 
3
[*****] Magistrate of the 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. 
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 
4
[
5
[appropriate Government]] with 
a view to such reference being made. 
(2) On receipt of a report under sub -section (1), the 
6
[
7
[appropriate Government]] 
may refer the case to a Mining Board or a Committee, or may direct the Court to proceed 
with the trial. 
CHAPTER IX 
                                                           
1Inserted by the Act, ibid., s. 31. 
2Substituted by the Act ibid., s. 32. 
3Omitted the words “Presidency Magistrate or” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette 
of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. 
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. 
5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, 
published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, publishe d in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
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 
1
[
2
[appropriate Government]] may decide the question, and a certificate signed by a 
Secretary to the 
3
[
4
[appropriate Government]] shall be conclusive on the point. 
46. Power to exempt from operation of Act .– (1) The 
5
[
6
[appropriate Government]] 
may, by notification in the 
7
[Official Gazette], exempt 
8
[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 sec tion 26 unless it is also  exempted from the operation of all the 
other provisions of this Act 
9
[;] 
10
[Provided further that no exemption from the operation of the provisions of section 
23C shall be granted unless, in the case of an emergency, the national i nterest so requires 
and the employers‟ and workers‟ organisation concerned have been consulted 
11
[:]] 
12
[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.] 
13
[ * * * * * * * * *   ] 
47. Power to alter or rescind orders .– The 
14
[
15
[appropriate Government]] 
1
[****] may 
reverse or modify any order passed under this Act 
2
[*****]. 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette o f India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extra ordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
5Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in Gazette of India (Extraord inary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of 
General Adaptations. 
6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-
Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
7Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in Gazette of India (Extraordinary), dated  April 1, 1937 , pp. 75-344, s. 4 and Table of General 
Adaptation. 
8Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, 
1935, pp. 8-10, s. 18. 
9Substituted for the full stop by the Mine s (Amendment) Act, 1967 (VII of 1967), published in the Gazette of Pakistan 
(Extraordinary), dated June 12, 1967, p. 388, s. 2.  
10Inserted by the Act ibid. 
11Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Ga zette of Pakistan 
(Extraordinary), dated June 29, 1973, pp. 498-509, s. 33. 
12Inserted by the Act ibid. 
13Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of 
India (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3. 
14Substituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptation. 
15Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 vide Notification No. F. 
2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. 
48. Application of Act to 
3
[Government] mines.– This Act shall  apply to mines 
belonging to the 
4
[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. 
5
[50.Repeals.–  * * * * * * * *   ] 
 
 
 
                                                                                                                                                                                     
1Omitted the words “and every Local Government ” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3. 
2Omitted the words “by any authority subject to his or its control as the case may be” by the Order ibid. 
3Substituted for the word “Crown” by the Central Laws (Ad aptation) Order, 1961 (I of 1961), vide Notification No.  F.13(1)/59-
D&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (2) of s. 2. 
4Ibid. 
5Omitted „the section 50‟ by the Repealing Act, 1927 (XII o f 1927), published in the Gazette of India, Part -IV, dated September 
10, 1927, pp. 29-37, s. 2 and Schedule.  
1
[THE SCHEDULE 
EXEMPTIONS FROM THE PROVISIONS OF MINES ACT, 1923] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Omitted „The Schedule‟ by the Repealing Act, 1927 (XII of 1927), published in the Gazette of India, Part -IV, dated September 
10, 1927, pp. 29-37, s. 2 and Schedule.

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garded as confidential 5 [and shall not be disclosed to any person other than a Magistrate 6 [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 safety of any persons]. (2) If the Chief