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  "title": "MINES ACT 1923",
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  "text": "Mines \r\n1923: Act IV \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. [Omitted]  \r\n3. Definitions. \r\nCHAPTER II \r\nInspectors \r\n4. Chief Inspector and Inspectors. \r\n5. Functions of Inspectors. \r\n6. Powers of Inspectors of Mines. \r\n7. Powers of special officer to enter, measure, etc. \r\n8. Facilities to be afforded to Inspectors. \r\n9. Secrecy of information obtained. \r\n9A. Secrecy of source of complaint. \r\nCHAPTER III \r\nMining boards and committees \r\n 10. Mining Boards. \r\n 11. Committees. \r\n 12. Powers of Mining Boards. \r\n 13. Recovery of expenses. \r\nCHAPTER IV \r\nMining operations and management of mines \r\n 14. Notice before commencement of mining operations. \r\n 15. Managers. \r\n 16. Duties and responsibilities of owners, agents and managers. \r\nTHE MINES ACT, 1923 \r\n(IV of 1923) \r\nCHAPTER V \r\nProvisions as to health and safety \r\n 17. Conservancy. \r\n17A. Canteens. \r\n17B.  Shelters. \r\n 18. Medical appliances. \r\n18A. First-aid rooms. \r\n 19. Powers of Inspectors when causes of danger not expres sly provided \r\nagainst exist or when employment of persons is dangerous. \r\n 20. Notice to be given of accidents. \r\n20A. Notice or occupational diseases. \r\n 21. Power of Government to appoint court of inquiry in cases of accidents. \r\n 22. Publication of reports. \r\nCHAPTER VI \r\nHours and Limitation of Employment \r\n22A. Weekly day of rest. \r\n22B. Hours of work above ground. \r\n22C. Hours of work below ground. \r\n22D. Special provision for night relays. \r\n 23. Prohibition of employment of certain persons. \r\n23-A. [Omitted] \r\n23-B.  Notices regarding hours of work. \r\n23-C.  Employment of women. \r\n 24. Supervising staff. \r\n 25. Exemption from provisions regarding employment. \r\n25-A.  Extra wages for overtime. \r\n 26. Children. \r\n26-A. Young persons not to be allowed underground without certificates of \r\nfitness. \r\n26-B.  \r\n 27. Disputes as to age. \r\n 28.  Register of employees. \r\nCHAPTER VI-A \r\nLeave and holidays with wages \r\n28A. Application of the Chapter. \r\n28B. Annual leave with wages. \r\n28C. Festival holidays. \r\n28D. Causal leave and sick leave. \r\n28E. Wages during leave or holiday periods. \r\n28F. Payment in advance in certain cases. \r\n28G. Power of Inspector to act for workers. \r\nCHAPTER VII \r\nRegulations, rules and bye-laws \r\n 29. Power of appropriate Government to make regulations. \r\n 30. Power of appropriate Government to make rules. \r\n30A. Power of appropriate Government to require rescue stations to be \r\nestablished. \r\n 31. Prior publication of regulations and rules. \r\n31A. Power to make regulations without previous publication. \r\n 32. Bye-laws. \r\n 33. Posting up of abstracts from Act, regulations, etc. \r\nCHAPTER VIII \r\nPenalties and procedure \r\n 34. Obstruction. \r\n 35. Falsification of records, etc. \r\n 36. Omission to furnish plans, etc. \r\n 37. Contravention of provisions regarding employment of labour. \r\n 38. Notice of accidents. \r\n 39. Disobedience of orders. \r\n 40. Contravention of law with dangerous results. \r\n40A. Special provision regarding fine. \r\n 41. Prosecution of owner, agent or manager. \r\n 42. Limitation of prosecution. \r\n 43. Cognizance of offences. \r\n 44. Reference to Mining Board or Committee in lieu of prosecution in certain \r\ncases. \r\nCHAPTER IX \r\nMiscellaneous \r\n 45. Decision of question whether a mine is under this Act. \r\n 46. Power to exempt from operation of Act. \r\n 47. Power to alter or rescind orders. \r\n 48. Application of Act to Government mines. \r\n 49. Saving. \r\n 50. Repeals. \r\n \r\nTHE SCHEDULE \r\nExemptions from the provisions \r\nof Mines Act, 1923 \r\n \r\n  \r\n \r\nTEXT \r\n \r\n1\r\nTHE MINES ACT, 1923 \r\n(IV of 1923) \r\n[3 March 1923] \r\nAn \r\nAct \r\nto amend and consolidate the law relating to the regulation and inspection of mines. \r\n WHEREAS it is expedient to amend and consolidate the law relating to the regulation \r\nand inspection of mines; it is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\n2\r\n[* *] Mines \r\nAct, 1923. \r\n(2) \r\n3\r\n[It extends to the whole of Pakistan]. \r\n(3) It shall come into force on the first day of July, 1924. \r\n2. \r\n4\r\n[ * * * * * * * * *   ]  \r\n3. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “agent” when used in relation to a mine, means any person appointed or \r\nacting as the representative of the owner in respect of the management of the \r\nmine or of any part thereof, and as such superior to a manager under this Act; \r\n5\r\n[(aa) \r\n6\r\n[“appropriate Government‟ means, in relation to mines of  \r\n7\r\n[nuclear \r\nsubstances, mineral oil, natural gas and liquids and substances declared by \r\nFederal Law to be dangerously inflammable, oilfi elds and gasfields] the \r\n8\r\n[Federal Government] and, in relation to other mines, the Provincial \r\nGovernment;]] \r\n(b) “Chief Inspector” means the Chief Inspector of Mines appointed under this \r\nAct; \r\n                                                           \r\n1For Statement of Objects and Reasons, see Gazette of India, 1922 Pt. V, P. 327; and for Report of Joint Committ ee, see ibid., \r\n1923, Pt. V, P. 25. This Act was published in the Gazette of India, Part IV, dated 3.3.1923, pp. 7-15. \r\n2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan \r\n(Extraordinary), dated March 28, 1949, pp. 223-283, s. 3.  \r\n3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in the Gazette of Pakistan \r\n(Extraordinary), pp. 725-845, s. 3 and Second Schedule. \r\n4Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in Gazette of \r\nIndia (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n5Inserted by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No.  F.13(1)/59-D&L., published in the \r\nGazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. \r\n6Substituted by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of  \r\nPakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “nuclear substances, oil fields and gas fields” by the Federal Adaptation of Laws Order, 1975 , vide \r\nNotification No. F.24(2)/75-Pub., published in the Gazette of Pakistan (Extraordinary) dated August 1, 1975, pp. 435-467, s. 2 \r\nand Schedule. \r\n8Substituted for the words “Central Government” by the Order ibid., sub-section (3) of s. 2. \r\n1\r\n[(c) “child‟ means a person who has not completed his fifteenth year;] \r\n2\r\n[(cc) “day” means a period of twenty-four hours beginning at midnight;] \r\n3\r\n[(ccc)] \r\n4\r\n[* * * * * * * * *   ] \r\n(d) a person is said to be “employed” in a mine who works under appointment by \r\nor with the knowledge of the manager, whether for wages or not, in any \r\nmining operation, or in cleaning or oiling any part of any machinery used in or \r\nabout the mine, or in any other kind of work whatsoever incidental to, or \r\nconnected with, mining operations; \r\n(e) “Inspector” means an Inspector of Mines appointed under this Act, and \r\nincludes a District Magistrate when exercising any power or performing any \r\nduty of an Inspector which he is empowered by this Act to exercise or \r\nperform; \r\n(f) “mine” means any excavation where any operation for the purpose of \r\nsearching for or obtaining minerals has been or is being carried on, and \r\nincludes all works, machinery, tramways and sidings, whether above or below \r\nground, in or adjacent to or belonging to a mine: \r\nProvided that it shall not include any part of such premises on which \r\na manufacturing process is being carried on unless such process is a process \r\nfor coke making or the dressing of minerals; \r\n(g) “owner” when used in relation to a mine, means any person who is the \r\nimmediate proprietor or lessee or occupier of the mine or of any part thereof, \r\nbut does not include a person who merely receives a royalty, rent or fine from \r\nthe mine or is merely the proprietor of the mine subject to any lease, grant or \r\nlicense for the working thereof, or is merely the owner of the soil and not \r\ninterested in the minerals of the mine; but any contractor for the working of a \r\nmine or any part thereof shall be subject to this Act in like manner as if he \r\nwere an owner, but not so as to exempt the owner from any liability; \r\n(h) “prescribed” means prescribed by regulations, rules or bye-laws; \r\n(i) “qualified medical practitioner”  means any person registered   \r\n5\r\n[* * * *] under \r\nany Act of \r\n6\r\n[the Central Legislature or any Provincial Legislature] providing for \r\nthe maintenance of a register of medical practitioners, an d includes, in any \r\narea where no such last -mentioned Act is in force, any person declared by \r\nthe \r\n7\r\n[\r\n8\r\n[appropriate Government]] by notification in the \r\n1\r\n[Official Gazette], to be \r\na qualified medical practitioner for the purposes of this Act; \r\n                                                           \r\n1Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, \r\n1935, pp. 8-10, s. 2. \r\n2Inserted by the Act ibid., clause (b) of s. 2. \r\n3Renumbered by the Act ibid. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette o f Pakistan (Extraordinary), \r\ndated March 28, 1949, pp. 223-283, s. 3. \r\n5Omitted the words “under the Medical Act, 1858, or any Act amending the same or” by the Federal Laws (Revision and \r\nDeclaration) Ordinance, 1981  (XXVII of 1981), vide Notification No. F.1 7(1)/81-Pub., published in the Gazette of Pakistan \r\n(Extraordinary), dated July 8, 1981, pp. 345-475, s. 3. \r\n6Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, \r\npublished in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), d ated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n(j) “regulations”, “rules” and “bye-laws” means respectively regulations, rules and \r\nbye-laws made under this Act; \r\n2\r\n[(jj)  where work of the same kind is carried out by two or more sets of workers \r\nworking during different periods of the day, each of such sets is called a \r\n„relay‟] \r\n3\r\n[and the period for which it works is called a “shift”]; \r\n(k) “serious bodily injury” means any injury which involves, or in all probability will \r\ninvolve, the permanent loss of the use of, or permanent injury to, any \r\n4\r\n[part of \r\nthe body], or the perm anent loss of or injury to the sight or hearing, or the \r\nfracture of any \r\n5\r\n[part of the body] or the enforced absence of the injured \r\nperson from work for a period exceeding twenty days; and \r\n(I) “week” means the period between midnight on Saturday night and m idnight \r\non the succeeding Saturday night. \r\nCHAPTER II \r\nInspectors \r\n4. Chief Inspector and Inspectors .– (1) The \r\n6\r\n[\r\n7\r\n[appropriate Government]]  may, by \r\nnotification in the \r\n8\r\n[Official Gazette], appoint a duly qualified person to be Chief Inspector of \r\nMines for th e whole of \r\n9\r\n[\r\n10\r\n[Pakistan]], \r\n11\r\n[or for the Province, as the case may be] and duly \r\nqualified persons to be Inspectors of Mines subordinate to the Chief Inspector. \r\n(2) No person shall be appointed to be Chief Inspector or an Inspector, or having \r\nbeen appointed shall continue to hold such office who is or becomes directly or indirectly \r\ninterested in any mine or mining rights in \r\n12\r\n[Pakistan]. \r\n(3) The District Magistrate may exercise the powers and perform the duties of an \r\nInspector subject to the general or special  orders of \r\n                                                                                                                                                                                     \r\n1Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated \r\n18th March, 1937, published in Gazette of India (Extraordinary), dated Apr il 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, clause (c) of s. 2.  \r\n3Added by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (a) of s. 2. \r\n4Substituted for the word “limb” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, clause (b) of s. 2. \r\n5Ibid. \r\n6Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (E xtraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptations.  \r\n7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n8Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary ), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n9Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the \r\nGazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section 2 of s. 3. \r\n10Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in \r\nthe Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. \r\n11Inserted by the  Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of \r\nPakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule.  \r\n12Substituted for the word “India” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3. \r\nthe \r\n1\r\n[\r\n2\r\n[appropriate Government]]: \r\nProvided that nothing in this sub -section shall be deemed to empower a District \r\nMagistrate to exercise any of the powers conferred by section 19 or section 32. \r\n(4) The Chief Inspector and every Inspector shall be deemed to be a public \r\nservant within the meaning of the \r\n3\r\n[Pakistan] Penal Code. \r\n5. Functions of Inspectors.– (1) The Chief Inspector may, by order in writing, prohibit \r\nor restrict the exercise by any Inspector named, or any class of Inspectors specified , in the \r\norder of any power conferred on Inspectors by this Act, and shall, subject as aforesaid, \r\ndeclare the local area of areas within which, or the group or class of mines with respect to \r\nwhich, Inspectors shall exercise their respective powers. \r\n(2) The Inspector shall give information to owners, agents and managers of \r\nmines, situated within the local area or areas or belonging to the group or class of mines, in \r\nrespect of which he exercises powers under sub -section (1) as to all regulations and rules \r\nwhich concern them respectively and as to the places where copies of such regulations and \r\nrules may be obtained. \r\n6. Powers of Inspectors of Mines.– The Chief Inspector and any Inspector may– \r\n(a) make such examination and inquiry as he thinks fit in order to ascertain \r\nwhether the provision of this Act and of the regulations, rules and   bye -laws \r\nand of any orders made thereunder are observed in the case of any mine; \r\n(b) with such assistants (if any) as he thinks fit, enter, inspect and examine any \r\nmine or any part thereof \r\n4\r\n[* * *]; \r\n(c) examine into, and make inquiry respecting, the state and condition of any \r\nmine or any part thereof, the ventilation of the mine, the sufficiency of the bye-\r\nlaws for the time being in force relating to the mine and all matters and  things \r\nconnected with or relating to the safety \r\n5\r\n[, health and welfare] of the persons \r\nemployed in the mine \r\n6\r\n[;] \r\n \r\n7\r\n[(d)  take, whether on the precincts of the mine or elsewhere, statement of any \r\nperson which he may consider necessary for carrying out the purposes of this \r\nAct;  \r\nProvided that no one shall be required under this section to answer or give any \r\nevidence tending to criminate himself;  \r\n(e)  require the production of any books, registers or other documents, the \r\nkeeping of which is prescribed, in order to see that they are in conformity with \r\nthe provisions of this Act and rules and regulations framed thereunder and \r\ntake into his custody or make copies of, or extracts from, any such book, \r\nregister or other document;  \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the w ord “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of \r\nPakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. \r\n4Omitted the words “at any reasonable time by day or night but not so as unreasonably to impede or obstruct the working of the \r\nmine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 29, \r\n1973, pp. 498-509, clause (a) of s. 3. \r\n5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (b) of s. 3. \r\n6Substituted for full stop by the Act ibid. \r\n7Added by the Act ibid. \r\n(f)  after informing the manager o f a mine or his representative, take or remove, \r\nfor the purpose of analysis, samples of materials and substances used or \r\nhandled in the mine.] \r\n7. Powers of special officer to enter, measure, etc.– Any person in the service of the \r\n1\r\n[\r\n2\r\n[State]] duly authorize d by a special order in writing of the Chief Inspector or of an \r\nInspector in this behalf may, for the purpose of surveying, levelling or measuring in any \r\nmine, after giving not less than three days‟ notice to the manager of such mine, enter the \r\nmine and may survey, level or measure the mine or any part thereof at any reasonable time \r\nby day or night, but not so as unreasonably to impede or obstruct the working of the mine \r\n3\r\n[:] \r\n4\r\n[Provided that no such notice need be given if, for reasons to be recorded, the C hief \r\nInspector or Inspector is of opinion that there is an emergency.] \r\n8. Facilities to be afforded to Inspectors .– Every owner, agent and manager of a \r\nmine shall afford the Chief Inspector and every Inspector and every person authorised under \r\nsection 7 al l reasonable facilities for making any entry, inspection, survey, measurement, \r\nexamination or inquiry under this Act. \r\n9. Secrecy of information obtained .– (1) All copies of, and extracts from, registers or \r\nother records appertaining to any mine, and all ot her information acquired by the Chief Inspector \r\nor an Inspector or by any one assisting him, in the course of the inspection of any mine under \r\nthis Act or acquired by any person authorised under section 7 in the exercise of his duties \r\nthereunder, shall be regarded as confidential  \r\n5\r\n[and shall not be disclosed to any person other \r\nthan a Magistrate \r\n6\r\n[or a Commissioner for Workmen‟s Compensation appointed under the \r\nWorkmen‟s Compensation Act, 1923 (VIII of 1923)] or an official superior or the owner, agent or \r\nmanager of the mine concerned, unless the Chief Inspector or the Inspector considers disclosure \r\nnecessary to ensure the safety of any persons]. \r\n(2) If the Chief Inspector, or an Inspector, or any other persons referred to in sub -\r\nsection (1) discloses  \r\n7\r\n[contrary to the provisions of sub -section (1)], any such information as \r\naforesaid without the consent of the \r\n8\r\n[\r\n9\r\n[appropriate Government]], he shall be guilty of a breach of \r\nofficial trust, and shall be punishable \r\n10\r\n[with imprisonment for a term which may extend  to one \r\nyear, or with fine or with both]. \r\n(3) No Court shall proceed to the trial of any offence \r\n11\r\n[expect with the previous \r\nsection of the \r\n1\r\n[appropriate Government]], except on complaint made by order of, or under \r\nauthority from, \r\n2\r\n[the \r\n3\r\n[appropriate Government]], or made by a person aggrieved by the offence. \r\n                                                           \r\n1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n2Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961),  vide Notification No.  F.13(1)/59-\r\nD&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. \r\n3Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Ga zette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 3. \r\n4Substituted by the Act ibid., s. 3. \r\n5Added by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (a) of s. 3. \r\n6Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973),  published in the Gazette of Pakistan (Extraordinary), dated June 29, \r\n1973, pp. 498-509, s. 5. \r\n7Substituted for the words “to any one, other than a Magistrate or an officer to whom he is subordinate ” by the Indian Mines \r\n(Amendment) Act, 1937 (XXIX of 1937), clause (b) of s. 3. \r\n8Substituted for the words “Governor General in Councilor or of the Local Government” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, dated 18 th March, 1937, published in Gazette of India (Extraordinary), dated Apr il 1, 1937 , pp. 75-344, s. 4 and \r\nTable of General Adaptation. \r\n9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n10Substituted for the words “in the manner provided by s. 4 of the Indian Official Secrets Act, 1889” by the Repealing and Amending Act, \r\n1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule. \r\n11Substituted for the words “under this section” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), clause (c) of s. 3. \r\n4\r\n[9A. Secrecy of source of complaint .– The Chief inspector or Inspector shall treat as \r\nabsolutely confidential the source of any complaint bringing to his notice a defect or breach \r\nof any provision of t his Act or any rules or regulations made thereunder and shall not give \r\nany intimation to the owner of the mine or his representative that a visit of inspection was \r\nmade in consequence of the receipt of such a complaint.] \r\nCHAPTER III \r\nMining boards and committees \r\n10. Mining Boards.– (1) The \r\n5\r\n[\r\n6\r\n[appropriate Government]] may constitute \r\n7\r\n[for any part of \r\n8\r\n[\r\n9\r\n[Pakistan]], \r\n10\r\n[or, as the case may be, of the Province], or for any group or class of mines \r\n11\r\n[* * *], a Mining Board consisting of– \r\n(a) a person in the servi ce of the \r\n12\r\n[State], not being a Chief Inspector or an \r\nInspector, nominated by the \r\n13\r\n[\r\n14\r\n[appropriate Government]] to act as chairman;  \r\n(b) the Chief Inspector or an Inspector; \r\n15\r\n[(c) a person, not being the Chief Inspector or an Inspector, nominated by the \r\n16\r\n[\r\n17\r\n[appropriate Government];]  \r\n(d) two persons nominated by owners of mines or their representatives in such \r\nmanner as may be prescribed. \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Central Government” by the Central Adaptation of Law s Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n2Substituted for the words “Governor General in Council” by the Government of India (Adaptatio n of Indian Laws) Order, 1937, dated \r\n18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n3Substituted for the words “Central Government” by the Central Adaptation of Laws O rder, 1964, vide Notification No.  F.2(1)/63-Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, s. 6. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1,  1937, pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “for the province, or for any part of the province” by the Government of India (Adaptation of India n \r\nLaws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n8Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the \r\nGazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. \r\n9Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in \r\nthe Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. \r\n10Inserted by the Central Adaptation of Laws O rder, 1964 , vide Notification No. F.2(1)/63 -Adp, published in the Gazette of \r\nPakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n11Omitted the words “in the province” by the Government of India (Adaptation of Indian Laws) Order , 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n12Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification No.  F.13(1)/59-\r\nD&L., published in the Gazette of Pakistan (Extraordinary), dated January 24, 1961, pp. 102-103, sub-section (1) of s. 2. \r\n13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published  in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n14Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n15Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-IV, dated April 27, \r\n1935, pp. 8-10, clause (1) of s. 3. \r\n16Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n17Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n1\r\n[(e)  two persons to represent the interest of miners, who shall be nominated in \r\naccordance with the following provisions:– \r\n(i)  if there are one or more registered trade unions having in the aggregate as \r\nmembers not less than one quarter of the miners, the said person shall be \r\nnominated by such trade union or trade unions in such manner as may be \r\nprescribed;  \r\n(ii)  if sub-clause (i) is not applicable and there are one or more registered trade \r\nunions having in the aggregate as members not less than 1,000 miners, one \r\nof the said persons shall be nominated by such trade union or trade unions in \r\nsuch manner as may be prescribed  and the other by the \r\n2\r\n[\r\n3\r\n[appropriate \r\nGovernment]];  \r\n(iii)  if neither sub -clause (i) nor sub -clause (ii) is applicable, the said persons \r\nshall be nominated by the \r\n4\r\n[\r\n5\r\n[appropriate Government]].  \r\nExplanation.– In this clause „miner‟ means a person employed,  otherwise than in a position \r\nof supervision or management, in any of the mines for which the Mining Board is \r\nconstituted.] \r\n(2) The chairman shall appoint a person to act as secretary to the Board. \r\n(3) The \r\n6\r\n[\r\n7\r\n[appropriate Government]] may give directions a s to the payment of \r\ntravelling expenses incurred by the secretary or any member of any such Mining Board in \r\nthe performance of his duty as such secretary or member. \r\n11. Committees.– (1) Where under this Act any question relating to a mine is referred to \r\na Committee, the Committee shall consist of– \r\n(a) a chairman nominated by the \r\n8\r\n[\r\n9\r\n[appropriate Government]] or by such officer \r\nor authority as the \r\n10\r\n[\r\n11\r\n[appropriate Government]] may authorise in this behalf; \r\n(b) a person nominated by the chairman and qualified b y experience to dispose \r\nof the question referred to the Committee; and \r\n                                                           \r\n1Added by t he Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, clause (2) of s. 3. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1 937, dated 18th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n3Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937,  published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n9Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in Gazette of Ind ia (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n11Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n(c) two persons of whom one shall be nominated by the owner, agent or \r\nmanager of the mine concerned, and the other shall be nominated by the \r\n1\r\n[\r\n2\r\n[appropriate Government]] to represent th e interests of the persons \r\nemployed in the mine. \r\n(2) No Inspector or person employed in or in the management of any mine \r\nconcerned shall serve as chairman or member of a Committee appointed under this section. \r\n(3) Where an owner, agent or manager fails to exercise his power of nomination \r\nunder clause (c) of sub -section (1), the Committee may, notwithstanding such failure, \r\nproceed to inquire into and dispose of the matter referred to it. \r\n(4) The Committee shall hear and record such information as the Chief I nspector \r\nor the Inspector, or the owner, agent or manager of the mine concerned, may place before it, \r\nand shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent \r\nor manager of the mine, and shall report its decision to the \r\n3\r\n[\r\n4\r\n[appropriate Government]]. \r\n(5) On receiving such report the \r\n5\r\n[\r\n6\r\n[appropriate Government]] shall pass orders in \r\nconformity therewith unless the Chief Inspector or the owner, agent or manager of the mine \r\nhas lodged an objection to the decision of the Co mmittee, in which case the \r\n7\r\n[\r\n8\r\n[appropriate \r\nGovernment]] may proceed to review such decision and to pass such order in the manner as \r\nit may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall \r\nforthwith be given to the owner, agent or the manager of the mine. \r\n(6) The \r\n9\r\n[\r\n10\r\n[appropriate Government]] may give directions as to the remuneration, \r\nif any, to be paid to the members of the Committee or any of them, and as to the payment of \r\nthe expenses of the inquiry including such remuneration. \r\n12. Powers of Mining Boards.– (1) Any Mining Board constituted under section 10 and \r\nany Committee constituted under section 11 may exercise such of the powers of an \r\nInspector under this Act as it thinks necessary or expedient to exercise for the purpose of \r\ndeciding or reporting upon any matter referred to it. \r\n(2) Every Mining Board constituted under section 10 and every Committee \r\nappointed under section 11 shall have the powers of a Civil Court under the Code of Civil \r\nProcedure, 1908\r\n11\r\n, for the pur pose of enforcing the attendance of witnesses and compelling \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordin ary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Gen eral \r\nAdaptation. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n10Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n11V of 1908. \r\nthe production documents and material objects; and every person required by any such \r\nMining Board or Committee to furnish information before it shall be deemed to be legally \r\nbound to do so within the meaning-of section 176 of the \r\n1\r\n[Pakistan] Penal Code\r\n2\r\n. \r\n13. Recovery of expenses .– The \r\n3\r\n[\r\n4\r\n[appropriate Government]] may direct that the \r\nexpenses of any inquiry conducted by a Mining Board constituted under section 10 or by a \r\nCommittee appointed under s ection 11 shall be borne in whole or in part by the owner or \r\nagent of the mine concerned, and the amount so directed to be paid may, on application by \r\nthe Chief Inspector or an Inspector to a Magistrate having jurisdiction at the place where the \r\nmine is situated or where such owner or agent is for the time being resident, be recovered by \r\nthe distress and sale of any movable property within the limits of the Magistrate‟s jurisdiction \r\nbelonging to such \r\n5\r\n[owner or agent]. \r\nCHAPTER IV \r\nMining operations and management of mines \r\n14. \r\n6\r\n[Notice before commencement of mining operations .– (1) The owner, agent or \r\nmanager of a mine shall, in the case of an existing mine within one month from the \r\ncommencement of the Mines (Amendment) Ordinance, 1973, or in the case of propo sed \r\nmining operations, not less than fifteen days before to commencement of such operations, \r\ngive to the Chief Inspector and the District Magistrate of the district in which the mine is \r\nsituated or the operations will commence notice in writing in such for m and containing such \r\nparticulars as may be prescribed.  \r\n(2) If the proposed operations in respect of which notice is given under sub -\r\nsection (1) are not commenced within sixty days from the date on, which the notice was \r\ngiven, the said notice shall be dee med to have expired and no operations shall commence \r\nexcept after a notice has been given in accordance with that sub-section.] \r\n15. Managers.– (1) Save as may be otherwise prescribed, every mine shall be under \r\none manager who shall have the prescribed qual ifications and shall be responsible for the \r\ncontrol, management and direction of the mine, and the owner or agent of every mine shall \r\nappoint himself or some other person, having such qualifications, to be such manager. \r\n(2) If any mine is worked without th ere being a manager for the mine as required \r\nby sub -section (1), the owner and agent shall each be deemed to have contravened the \r\nprovisions of this section. \r\n16. Duties and responsibilities of owners, agents and managers .– (1) The owner, \r\nagent and manager of every mine shall be responsible that all operations carried on in \r\nconnection therewith are conducted in accordance with the provisions of this Act and of the \r\nregulations, rules and bye-laws and of any orders made thereunder. \r\n(2) In the event of any cont ravention of any such provisions by any person \r\nwhomsoever, the owner, agent and manager of the mine shall each be deemed also to be \r\nguilty of such contravention unless he proves that he had taken all reasonable means, by \r\npublishing and to the best of his p ower enforcing those provisions, to prevent such \r\ncontravention: \r\nProvided that the owner or agent shall not be so deemed if he proves– \r\n                                                           \r\n1Substituted for the words “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of Pakistan \r\n(Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (1) of s. 3.  \r\n2XLV of 1860. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n4Substituted for the words “Central Govern ment” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “owner, agent or manager” by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the \r\nGazette of India, Part-IV, dated October 3, 1925, p. 67, s. 2 and First Schedule. \r\n6Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (E xtraordinary), dated \r\nJune 29, 1973, pp. 498-509, s. 7. \r\n(a) that he was not in the habit of taking, and did not in respect of the matter in \r\nquestion take, any part in the management of the mine; and \r\n(b) that he had made all the financial and other provisions necessary to enable \r\nthe manager to carry out his duties; and \r\n(c) that the offence was committed without his knowledge, consent or \r\nconnivance. \r\n(3) Save as hereinbefore provided , it shall not be a defence in any proceedings \r\nbrought against an owner or agent of a mine under this section that a manager of the mine \r\nhas been appointed in accordance with the provisions of this Act.CHAPTER V \r\nProvisions as to health and safety \r\n17. Conservancy.– There shall be provided and maintained for every mine latrine and \r\nurinal accommodation of such kind on such scale, and such supply of water fit for drinking, \r\nas may be prescribed. \r\n1\r\n[17A. Canteens.– At every mine wherein more than one hundred perso ns are ordinarily \r\nemployed, a canteen of such standard as may be prescribed shall be provided for the use of \r\npersons employed therein. \r\n17B. Shelters.– There shall be provided and maintained for use of persons working above \r\nground in a mine, during interval s of rest, shelters of such standard and on such scale as \r\nmay be prescribed.] \r\n18.  Medical appliances.– At every mine \r\n2\r\n[* * *], such supply of ambulances or stretchers \r\nand of splints, bandages and other medical requirements, as may be prescribed shall be \r\nkept ready at hand in a convenient place and in good and serviceable order. \r\n3\r\n[18A. First-aid rooms .– At every mine in respect of which the appropriate Government \r\nmay, by notification in the official Gazette, declare this section to apply, there shall be \r\nprovided first-aid rooms of such size, with such equipment and in charge of such medical \r\nand nursing staff as may be prescribed.] \r\n19. Powers of Inspectors when causes of danger not expressly provided against \r\nexist or when employment of persons is dangerous .– (1) If, in any respect which is not \r\nprovided against by any express provision of this Act or of the regulations, rules or bye -laws \r\nor of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any \r\nmine, or any part thereof or an y matter, thing or practice in or connected with the mine, or \r\nwith the control, management or direction thereof, is dangerous to human life \r\n4\r\n[, health] or \r\nsafety, or defective so as to threaten, or tend to, the bodily injury of any person, he may give \r\nnotice in writing thereof to the owner, agent or manager of the mine, and shall state in the \r\nnotice the particulars in which he considers the mine, or part thereof, or the matter, thing or \r\npractice, to be dangerous or defective and require the same to be remedied within such time \r\nas he may specify in the notice. \r\n                                                           \r\n1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, s. 8. \r\n2Omitted the words “in respect of which the app ropriate Government may, by Notification in the Official Gazette, declare this \r\nsection to apply” by the Act ibid., s. 9. \r\n3Inserted by the Act ibid., s. 10. \r\n4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (a) of s. 11. \r\n1\r\n[(1A) Without prejudice to the generality of the provisions contained in subsection \r\n(1), the Chief Inspector or the Inspector may, in any area to which the \r\n2\r\n[appropriate \r\nGovernment] may by notification  in the \r\n3\r\n[official Gazette] declares that this sub -section \r\napplies, by order in writing addressed to the owner, agent or manager of mine,– \r\n4\r\n[ * * ] prohibit the extraction or reduction of pillars in any part of the mine if, in his \r\nopinion, such operation is likely to cause the crushing of pillars or the premature collapse of \r\nany part of the workings or otherwise endanger the mine, or if, in his opinion, adequate \r\nprovision against the outbreak of fire \r\n5\r\n[or flooding] has not been made by providing for \r\nsealing off and isolation of the part of the mine in which such operation is contemplated and for \r\nrestricting the area that might be affected by a fire  \r\n6\r\n[or flooding]. \r\n7\r\n[ * * * * * * * * *  ]] \r\n(2) If the Chief Inspector or an Inspector authorised in this behalf by general or \r\nspecial order in writing by the Chief Inspector is of opinion that there is urgent and immediate \r\ndanger to the life \r\n8\r\n[, health] or safety of any person employed in any mine or part thereof, he may, \r\nby an order in writing containing a statemen t of the grounds of his opinion, prohibit, until the \r\ndanger is removed, the employment in or about the mine or part thereof of any person whose \r\nemployment is not in his opinion reasonably necessary for the purpose of removing the danger. \r\n(3) Where an order  has been made under sub -section (2) by an Inspector, the \r\nowner, agent or manager of the mine may, within ten days after the receipt of the order, appeal \r\nagainst the same to the Chief Inspector who may confirm, modify or cancel the order. \r\n(4) The Chief Inspector or the Inspector making a requisition under sub-section (1) or \r\nan order under sub-section (2), and the Chief Inspector making an order (other than an order of \r\ncancellation) in appeal under sub -section (3), shall forthwith report the same to the \r\n9\r\n[\r\n10\r\n[appropriate Government]] and shall inform the owner, agent or manager of the mine that such \r\nreport has been so made. \r\n(5) If the owner, agent or manager of the mine objects to a requisition made under \r\nsub-section (1) or to an order made by the Chief Inspect or under sub-section (2), or sub-section \r\n(3), he may, within twenty days after the receipt of the notice containing the requisition or of the \r\norder or after the date of the decision of the appeal, as the case may be, send his objection in \r\nwriting, stating the grounds thereof, to the \r\n11\r\n[\r\n1\r\n[appropriate Government]], which shall refer the \r\nsame to a Committee. \r\n                                                           \r\n1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, \r\npp. 38-39. (Sub-section (1A), inserted ibid. shall have effect for two years only from the commencement of the Act, 1936) , sub-\r\nsection (1) of s. 2. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n4Omitted the bracket and letter “(a)” by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of \r\nthe India, Part-IV, dated April 13, 1940, p. 112, clause (a) of s. 3.  \r\n5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (b) of s. 11. \r\n6Ibid. \r\n7Omitted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part-IV, dated April \r\n13, 1940, p. 112, clause (b) of s. 3. \r\n8Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (c) of s. 11. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n10Substituted for the wo rds “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n(6) Every requisition made under sub -section (1), or order made under sub -\r\nsection (2), or sub -section (3), to which objection is made under sub -section (5), shall be \r\ncomplied with pending the receipt at the mine of the decision of the Committee: \r\nProvided that the Committee may, on the application of the owner, agent or manager, \r\nsuspend the operation of a requisition under sub -section (1) pending its decision  on the \r\nobjection. \r\n(7) Nothing in this section shall affect the powers of a Magistrate under section \r\n144 of the Code of Criminal Procedure, 1898. \r\n20.  Notice to be given of accidents.– \r\n2\r\n[(1) Whenever there occurs in or about a mine–  \r\n(a)  an accident causing loss of life or serious bodily injury, or  \r\n(b)  an accidental explosion, ignition, spontaneous heating, outbreak of fire or \r\neruption or inrush of water or other liquid matter, or  \r\n(c)  an influx of inflammable or noxious gases, or  \r\n(d)  a breakage of ro pes, chains or other gear by which persons or materials are \r\ntowered or raised in a shaft or an incline, or  \r\n(e)  an overwinding of cages or other means of conveyance in any shaft while \r\npersons or materials are being lowered or raised, or  \r\n(f)  an electric shock or burn caused by contact with a conductor carrying more \r\nthan 25 volts, or  \r\n(g)  any other accident that may be prescribed,  \r\nthe owner, agent or the manager of the mine shall give notice of the occurrence to such \r\nauthorities, in such form and within such time as may be prescribed.  \r\n(1A) Where a notice given under sub -section (1) relates to an accident causing \r\nloss of life, the Inspector shall make, or, where the authority receiving the notice is one other \r\nthan the Inspector, that authority shall cause  the Inspector to make, an inquiry into the \r\noccurrence as early as possible on receipt of such notice or on information received \r\notherwise.  \r\n(1B) When an accident causing loss of life occurs, the place of accident shall not \r\nbe disturbed or tampered with for three clear days from the date of such accident unless the \r\nInspector has earlier inspected it or given intimation that it is not proposed to make an \r\ninquiry: \r\n Provided that the place of accident may be disturbed if it is necessary for \r\nsecuring the safety  of the mine or the persons employed therein, subject to the following \r\nconditions:–  \r\n(a) the decision that it is necessary to disturb the place must be taken by the \r\nmanager;  \r\n(b) the disturbance must not prejudice subsequent investigation;  \r\n(c) the workers‟ representative must have reasonable opportunity to inspect the \r\nplace if he wishes;  \r\n(d) an accurate plan must be made, and copies thereof made available to the \r\nInspector and the workers‟ representative; and \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n2Substituted by the Mines (Amendment) Act, 1973 (XL V of 1973), published in the Gazette of Pakistan (Extraordinary), dated \r\nJune 29, 1973, pp. 498-509, s. 12. \r\n(e) everything which is relevant to the acciden t must be preserved as far as \r\npossible, in the condition in which it was at the time of the accident.] \r\n1\r\n[(2) The [appropriate Government] may, by notification in the [official Gazette] direct that \r\naccidents other than those specified in sub -section (1) which cause bodily injury resulting in \r\nthe enforced absence from work of the person injured for a period exceeding forty -eight \r\nhours shall be entered in a register in the prescribed form or shall be subject to the \r\nprovisions of sub-section (1).  \r\n(3) A copy of the entries in the register referred to in the sub -section (2) shall be \r\nsent by the owner, agent, or manager of the mine, within fourteen days after the 30 th day of \r\nJune and the 31st day of December in each year, to the Chief Inspector.] \r\n2\r\n[20A. Notice or occupational diseases .– (1) Where any person employed in a mine \r\ncontracts or is believed to have contracted any disease notified by the appropriate \r\nGovernment in the official Gazette as an occupational disease peculiar to any mining \r\noperation the owner, ag ent or the manager of the mine, as the case may be, shall send \r\nnotice thereof to the Chief Inspector and to such other authorities, in such form and within \r\nsuch time as may be prescribed.  \r\n(2) The appropriate Government may, by order, appoint such qualifie d medical \r\npractitioners on such terms and conditions as it thinks fit to be certifying doctors for the \r\npurpose of this section within such local limits as it may specify in the order.  \r\n(3) If the Chief Inspector or an Inspector has reason to believe that a ny person \r\nworking in a mine has contracted a disease notified under sub -section (1), he may refer that \r\nperson to the certifying doctor for his opinion. \r\n(4) If any qualified medical practitioner attends on a person who is or has been \r\nemployed in mine and wh o is or is believed by the medical practitioner to be suffering from \r\nany disease notified under sub -section (1), the medical practitioner shall without delay send \r\na report in writing to the Chief Inspector stating–  \r\n(a) the name and address of the patient;  \r\n(b) the disease from which the patient is or is believed to be suffering; and  \r\n(c) the name and address of the mine in which the patient is or was last \r\nemployed.  \r\n(5) Where the report under sub -section (4) is confirmed to the satisfaction of the \r\nChief In spector by the certificate of a certifying doctor that the person is suffering from a \r\ndisease notified under sub -section (1), the Chief Inspector shall pay to the medical \r\npractitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an \r\narrear of land revenue from the owner, agent or manager of the mine in which the person \r\ncontracted the disease.  \r\n(6) The Chief Inspector or an Inspector, if so advised by the certifying doctor, \r\nmay direct the owner, agent or manager of the mine to shift for any specified period a person \r\nwho has contracted an occupational disease to such working place where there is less or no \r\ndanger of aggravation of the disease.] \r\n21. Power of Government to appoint court of inquiry in cases of accidents .– (1) \r\nWhen any  accidental explosion, ignition, outbreak of fire or irruption of water or other \r\naccident has occurred in or about any mine, the \r\n3\r\n[\r\n1\r\n[appropriate Government]], if it is of \r\n                                                           \r\n1Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 4. \r\n2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, s. 13. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order , 1937, dated 18th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\nopinion that a formal inquiry into the causes of, and circumstances attending, the ac cident \r\nought to be held, may appoint a competent person to hold such inquiry, and may also \r\nappoint any person or persons possessing legal or special knowledge to act as assessor or \r\nassessors in holding the inquiry. \r\n(2) The person appointed to hold any such  inquiry shall have all the powers of a \r\nCivil Court under the Code of Civil Procedure, 1908\r\n2\r\n, for the purpose of enforcing the \r\nattendance of witnesses and compelling the production of documents and material objects; \r\nand every person required by such person  as aforesaid to furnish any information shall be \r\ndeemed to be legally bound to do so within the meaning of section 176 of the \r\n3\r\n[Pakistan] \r\nPenal Code\r\n4\r\n. \r\n(3) Any person holding an inquiry under this section may exercise such of the \r\npowers of an Inspector und er this Act as he may think it necessary or expedient to exercise \r\nfor the purposes of the inquiry. \r\n(4) The person holding an inquiry under this section shall make a  report to the \r\n5\r\n[\r\n6\r\n[appropriate Government]] stating the causes of the accident and its circu mstances, and \r\nadding any observations which he or any of the assessors may think fit to make. \r\n22. Publication of reports .– The \r\n7\r\n[\r\n8\r\n[appropriate Government] ] may cause any report \r\nsubmitted by a Committee under section 11 \r\n9\r\n[and shall cause every report submit ted] by a \r\ncourt of inquiry under section 21 to be published at such time and in such manner as it may \r\nthink fit. \r\nCHAPTER VI \r\nHours and Limitation of Employment \r\n10\r\n[22A. Weekly day of rest.– No person shall be allowed to work in a mine on more than six \r\ndays in any one week.  \r\n22B. Hours of work above ground .– (1) A person employed above ground in a mine \r\nshall not be allowed to work for more than \r\n11\r\n[forty-eight] hours in any week or for more than \r\n12\r\n[eight] hours in any day. \r\n  (2) The periods of work of any such per son shall be so arranged that, along with \r\nhis intervals for rest, they shall not in any day spread over more than \r\n1\r\n[ten and a half] hours, \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n2V of 1908. \r\n3Substituted for the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette of \r\nPakistan (Extraordinary), dated March 28, 1949, pp. 223-283, sub-section (2) of s. 3. \r\n4XLV of 1860. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Ex traordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n9Substituted for the word “or” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -\r\nIV, dated April 27, 1935, pp. 8-10, s. 5. \r\n10Inserted by the Act ibid., s. 6. \r\n11Substituted for the words “fifty-four” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 14. \r\n12Substituted for the word “ten” by the Act ibid., clause (a) of s. 14. \r\nand that he shall not work for more than \r\n2\r\n[five] hours before he has had an interval for rest of \r\nat least \r\n3\r\n[half an] hour. \r\n  (3) Persons belonging to two or more relays shall not be allowed to do work of \r\nthe same kind above ground at the same moment:  \r\nProvided that for the purposes of this sub-section persons shall not be deemed to belong \r\nto separate relays by reason onl y of the fact that they receive their intervals for rest at \r\ndifferent times. \r\n22C. Hours of work below ground.– (1) A person employed below ground in a mine shall \r\nnot be allowed to work for more than \r\n4\r\n[eight] hours in any day.  \r\n(2) Work of the same kind shall not be carried on below ground in any mine for a \r\nperiod spreading over more than \r\n5\r\n[eight] hours in any day except by a system of relays so \r\narranged that the periods of work for each relays are not spread over more than \r\n6\r\n[eight] \r\nhours.  \r\n(3) No person employed in a mine shall be allowed to be in any part of the mine \r\nbelow ground except during the periods of work shown in respect of him in the register kept \r\nunder sub-section (1) of section 28.  \r\n22D. Special provision for night relays.– Where a worker works in a relay whose period \r\nof work extends over midnight, the ensuing day for him shall be deemed to be the period of \r\ntwenty-four hours beginning at the end of the period of work fixed for the relay, and the hours \r\nhe has worked after midnight shall be counted towards the previous day.] \r\n7\r\n[23. Prohibition of employment of certain persons .– No person shall be allowed to \r\nwork in a mine who has already been working in any other mine within the preceding twelve \r\nhours.] \r\n8\r\n[23A.\r\n9\r\n[ * * * * * * * * *   ] \r\n23-B. Notices regarding hours of work.– (1) The manager of every mine shall cause to be \r\nposted outside the office of the mine a notice in the prescribed form stating the time of the \r\ncommencement and of the end of work at the mine and, if it is proposed to work by a system \r\nof \r\n10\r\n[relays], the time of the commencement and of the end of work for each \r\n11\r\n[relays]. \r\n12\r\n[The \r\nnotice shall also state the time of the commencement and of the end of the intervals for rest \r\nfixed for persons employed above ground.] A copy of each such notice shall be sent to Chief \r\nInspector, if he so requires. \r\n                                                                                                                                                                                     \r\n1Substituted for the word “twelve” by the Act ibid., clause (b) of s. 14. \r\n2Substituted for the word “six” by the Act ibid. \r\n3Substituted for the word “one” by the Act ibid. \r\n4Substituted for the word “nine” by the Mines (Amendment) Act, 1973  (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 15. \r\n5Substituted for the word “nine” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 15. \r\n6Ibid. \r\n7Substituted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 7. \r\n8Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928) , published in the Gazette of India, Part -IV, dated \r\nSeptember 29, 1928, p. 30, s. 3. \r\n9Omitted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 8. \r\n10Substituted for the word “shifts” by the Act ibid., clause (a) of s. 9. \r\n11Ibid.              \r\n12Inserted by the Act ibid. \r\n(2)  In the case of a mine at which mining operations commence after the 14th day \r\nof April, 1930, the notice referred to in sub -section (1) shall be posted not less than seven \r\ndays before the commencement of work.  \r\n(3) Where it is proposed to make any alteration in the time fixed for the \r\ncommencement or for the end of work in the mine generally or for any \r\n1\r\n[relay or in the rest \r\nintervals fixed for persons employed above ground], an amended notice in the p rescribed \r\nform shall be posted outside the office of the mine not less than seven days before the \r\nchange is made, and a copy of such notice shall be sent to Chief Inspector, not less than \r\nseven days before such change \r\n2\r\n[ * * * * *.]]  \r\n  \r\n3\r\n[(4) No person sha ll be allowed to work in a mine otherwise than in \r\naccordance with the notice required by sub-section (1).] \r\n4\r\n[23-C. \r\n5\r\n[Employment of women .– (1) No woman shall be employed in any part of mine \r\nwhich is below ground.  \r\n(2)  No woman shall be allowed to work in a mine above ground between the \r\nhours of 7 P.M. and 6 A.M.  \r\n(3) The provisions of this section shall not apply to women who do not perform \r\nmanual work and are–  \r\n(a) holding positions of managerial or technical character; or  \r\n(b)  employed in health and welfare services.]] \r\n24. Supervising staff.– \r\n6\r\n[Nothing in section 22B, section 22C, section 23, sub -section \r\n(4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to \r\nbe persons holding responsible positions of a managerial or technical character or employed \r\nin health and welfare services  or employed in a confidential capacity.] \r\n25. Exemption from provisions regarding employment .– \r\n7\r\n[(1)] In case of an \r\nemergency involving serious risk to the safety of the mine or of persons empl oyed therein, \r\nthe manager may, subject to the provisions of section 19, permit persons to be employed in \r\ncontravention of \r\n8\r\n[section 22A, section 22B, section 22C, section 23, or sub -section (4) of \r\nsection 23B] on such work as may be necessary to protect th e safety of the mine or of the \r\npersons employed therein: \r\nProvided that, where such occasion arises, a record of the fact shall immediately be \r\nmade by the manager and shall be placed before the Chief Inspector or the Inspector at his \r\nnext inspection of the mine. \r\n9\r\n[(2) When as a result of grant of an exemption to any mine from the provisions of \r\nsection 22A, any person employed therein is deprived of any of the weekly days of rest, he \r\nshall be allowed within two months from the date on which the weekly day of rest was due, \r\ncompensatory days of rest equal in number to the days of rest of which he has been \r\ndeprived. \r\n                                                           \r\n1Substituted for the word “shift” by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part-\r\nIV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9. \r\n2Omitted the comma and words “, if he requires or if the original notice was sent to him” by the Act ibid. \r\n3Inserted by the Act ibid., clause (c) of s. 9. \r\n4Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 2.  \r\n5Substituted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated \r\nJune 29, 1973, pp. 498-509, s. 16. \r\n6Substituted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 3. \r\n7Renumbered by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated \r\nJune 29, 1973, pp. 498-509, s. 17. \r\n8Substituted for the words, figures and letter “section 23 or section 23A” by the Indian Mines (Amendment) Act, 1935 (V of \r\n1935), published in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 9. \r\n9Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, s. 17. \r\n(3) In case of prescribed processes which are required by their nature to be \r\ncarried on continuously by a succession of shifts, the limit of hours of  work provided in \r\nsection 22B or section 22C may, with the prior approval of the Chief Inspector, be raised to \r\nnot more than fifty-six hours in any week or ten hours in any day. \r\n(4) In exceptional cases of pressure of work, the Chief Inspector may grant \r\ntemporary exemption to a mine from the provisions of section 22A, section 22B or section \r\n22C for a period not exceeding ninety days in any calendar year, within the maximum limits \r\nof–  \r\n(a)  ten hours of work on any one day, and  \r\n(b)  twelve hours of spread over, inclusive of intervals for rest or meal, in any one \r\nday.  \r\n(5) Subject to the maximum limits specified in sub -section (4), the appropriate \r\nGovernment may, by order, grant permanent exemption, to such extent and subject to such \r\nconditions as may be spec ified in the order, to a class of workers engaged either on \r\npreparatory or complementary work which must necessarily be carried on outside the mines \r\nor on work which is essentially intermittent.]  \r\n1\r\n[25-A. Notices wages for overtime .– (1) Where in a mine a person works for more than \r\neight hours in any day or works for more than forty -eight hours in any week, whether above \r\nground or below ground, he shall in respect of such overtime work be entitled to wages at \r\nthe rate of twice his ordinary rate of wages, th e period of overtime work being calculated on \r\na daily basis or weekly basis, whichever is more favourable to him. \r\nExplanation.– In this sub-section, „ordinary rate of wages‟ means all remuneration capable \r\nof being expressed in terms of money which would, i f the terms of contract of employment, \r\nexpress or implied, were fulfilled, be payable to a worker in respect of his employment or of \r\nwork done in such employment, but does not include–  \r\n(i) the value of any house-accommodation, supply of light, water, medical attendance or \r\nother amenity;  \r\n(ii) any contribution paid by the owner to any pension fund or provident fund;  \r\n(iii) any travelling allowance or the value of travelling concession;  \r\n(iv) any sum paid to the person employed to defray special expenses entailed on him by  \r\nthe nature of his employment; or  \r\n(v) any gratuity, bonus, overtime allowance or share in profits of the mine.  \r\n(2) Where any person employed in a mine is paid on a piece -rate basis the appropriate \r\nGovernment, in consultation with the employer concerned a nd the representatives of the \r\npersons employed in the mine, may, for the purposes of this section, fix time rates as nearly \r\nas possible equivalent to the average rate of earnings of the persons so employed, and the \r\nrates so fixed shall be deemed to be the ordinary rates of wages of such persons.  \r\n(3) The appropriate Government may prescribe the registers that shall be maintained in \r\na mine for the purpose of securing compliance with the provisions of this section.] \r\n26.  Children.– No child shall be employed in a mine, or be allowed to be present in any \r\npart of a mine which is below ground. \r\n2\r\n[26-A.  Young persons not to be allowed underground without certificates of fitness .– \r\nNo person who has not completed his seventeenth year shall be \r\n1\r\n[employed in any part of a \r\nmine,] unless–  \r\n                                                           \r\n1Ibid. \r\n2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 12. \r\n(a) a certificate of fitness in the prescribed form and granted to him by a qualified \r\nmedical practitioner is in the custody of the manager of the mine, and \r\n(b) he carries while at work a token giving a reference to such certificate.] \r\n2\r\n[26-B.– No person who has not completed his seventeenth year shall be permitted to work in \r\nany part of a mine, either below ground or above ground, unless the hours of work of such \r\nperson for any day are so fixed as to allow an interval of rest of at leas t twelve consecutive \r\nhours which shall include at least such seven consecutive hours between the hours of 7 \r\nP.M. and 7 A.M. as may be prescribed: \r\nProvided that nothing in this section shall apply to any such person while employed or \r\npermitted to work in an y mine as an apprentice or for the purposes of receiving vocational \r\ntraining, in such circumstances and in accordance with such conditions as may be \r\nprescribed \r\n3\r\n[:]]  \r\n4\r\n[Provided further that such person shall be granted a rest period of at least thirteen \r\nconsecutive hours between two working periods.] \r\n27. Disputes as to age .– (1) If any question arises between the Chief Inspector or the \r\nInspector and the manager of any mine as to whether any person is a child, \r\n5\r\n[or has not \r\ncompleted his seventeenth year]  t he question shall, in the absence of a certificate as to the \r\nage of such person granted in the prescribed manner, be referred by the Chief Inspector or \r\nthe Inspector for decision to a qualified medical practitioner. \r\n(2) Every certificate as to the age of a  person which has been granted in the \r\nprescribed manner and any certificate granted by a qualified medical practitioner on a \r\nreference under sub-section (1) shall, for the purposes of this Act, be conclusive evidence as \r\nto the age of the person to whom it relates. \r\n6\r\n[28.  Register of employees .– (1) For every mine there shall be kept in the prescribed \r\nform and place a register of all persons employed in the mine showing, in respect of each \r\nsuch person:–  \r\n(a) \r\n7\r\n[name, date of birth and the nature] of his employment, \r\n(b) the periods of work fixed for him,  \r\n(c) the intervals for rest, if any, to which he is entitled, \r\n(d) the days of rest to which he is entitled, and  \r\n(e) where work is carried on by a system of relays, the relay to which he belongs. \r\n(2) The entrie s in the register prescribed by sub -section (1) shall be such that \r\nworkers working in accordance therewith would not be working in \r\ncontravention of any of the provisions of this Chapter. \r\n                                                                                                                                                                                     \r\n1Substituted for the words “allowed to be present in any part of the mine which is below ground” by the Mines (A mendment) \r\nAct, 1967 (VII of 1967), published in the Gazette of Pakistan (Extraordinary), dated June 12, 1967, p. 388, s. 2. \r\n2Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 4. \r\n3Substituted for the full stop by the Mines (Amendment) Act, 1973  (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 19. \r\n4Inserted by the Act ibid. \r\n5Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated Apr il 27, \r\n1935, pp. 8-10, s. 13. \r\n6Substituted by the Act ibid., s. 14. \r\n7Substituted for the words “the nature” by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 5. \r\n(3) No person shall be employed in a mine until the particulars requi red by sub-\r\nsection (1) have been recorded in the register in respect of such person and no person shall \r\nbe employed except during the periods of work shown in respect of him in the register.  \r\n(4) For every mine to which the \r\n1\r\n[\r\n2\r\n[appropriate Government]] may, by general or \r\nspecial order, declare this sub-section to be applicable, there shall be kept in the prescribed \r\nform and place a register which shall show at any moment the name of every person then \r\nworking below ground in the mine.] \r\n3\r\n[CHAPTER VI-A \r\nLeave and holidays with wages \r\n28A.  Application of the Chapter .– Nothing in this Chapter shall  affect any right or \r\nprivilege to which a person employed in a mine has been entitled on the date of coming into \r\nforce of the Mines (Amendment) Ordinance, 1973, under an y existing law or under any \r\naward, agreement, settlement, contract, custom or usage if such right or privilege is more \r\nfavourable to him, nor shall such right or privilege be combined with, or be in addition to, the \r\nbenefits under the provisions of this chapter.  \r\n28B.  Annual leave with wages .– (1) Every person who has completed one year of \r\ncontinuous service in a mine shall be allowed during the subsequent period of twelve months \r\nleave with wages for a number of days calculated, at the rate of–  \r\n(a) one day for every seventeen days of work performed below ground during the \r\nprevious period of twelve months;  \r\n(b)  one day for every twenty days of work performed above ground during the \r\nprevious period of twelve months: \r\nProvided that a period of leave shall be inclusive of any holiday which may occur \r\nduring such period.  \r\n(2) If a person employed in a mine does not, in any such period of twelve \r\nmonths, take the leave to which he is entitled under sub -section (1), either in whole or in \r\npart, such leave not taken by him shall be added to the leave to be allowed to him under that \r\nsub-section in the succeeding period of twelve months:  \r\nProvided that such person shall cease to earn leave under this section when the \r\nleave due to him amounts to twenty days:  \r\nProvided fur ther that any leave applied for by a person but refused by the owner, \r\nagent or manager of the mine for any reason shall be added to the credit of such person \r\nbeyond the aforesaid limit.  \r\n(3) If a person entitled to leave under sub-section (1) is discharged before he has \r\nbeen allowed the leave or, if, having applied for and having been refused the leave, he quits \r\nhis employment before he has been allowed the leave, the owner, agent or manager shall \r\npay him the amount payable under section 28E in respect of the leave.  \r\n(4) For the purpose of this section, a person shall be deemed to have completed \r\na period of continuous service in a mine notwithstanding any interruption in service during \r\nthat period due to–  \r\n(a) any holiday;  \r\n(b) any leave with wages;  \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Ind ian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 19 64, vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraor dinary), dated June 29, \r\n1973, pp. 498-509, s. 20. \r\n(c) any leave, with or without wages, due to sickness or accident;  \r\n(d) any maternity leave not exceeding twelve weeks;  \r\n(e) any period of lay-off arising due to failure, refusal or inability of any owner on \r\naccount of shortage of coal, power or raw material or t he accumulation of \r\nstock or the breakdown of machinery or for any other reason, to give \r\nemployment to a person whose name is borne in the muster rolls of his mine; \r\nor  \r\n(f) a strike which is not illegal or a lockout which is not legal.  \r\n28C.  Festival holidays.– Every person employed in a mine shall be allowed, with wages, \r\nsuch festival holidays as are declared by the appropriate Government to be public holidays.  \r\n28D.  Causal leave and sick leave.– Every person employed in a mine shall be entitled in \r\na year to ten days‟ casual leave on full wages and sixteen days‟ sick leave on half average \r\nwages: \r\nProvided that casual leave or sick leave admissible under this section shall not be \r\naccumulated and carried forward to the succeeding year.  \r\n28E.  Wages during lea ve or holiday periods .– For the leave or holidays allowed to a \r\nperson under the provisions of this Chapter, he shall be paid–  \r\n(a) in case of leave with full wages, at the rate equal to the daily  average of his wages \r\nfor the days on which he actually worked during the preceding three months; and  \r\n(b) in case of leave with half average wages, at the rate equal to half daily average of \r\nthis wages as aforesaid.  \r\n28F.  Payment in advance in certain cases .– Any person who has been allowed leave \r\nfor not less than  four days under section 28B shall, before his leave begins, be paid the \r\nwages due for the period of the leave allowed.  \r\n28G.  Power of Inspector to act for workers .– Any Inspector may institute proceedings \r\non behalf of any person who has been or is employed in a mine to recover any sum required \r\nto be, but not, paid by an owner, agent or manager in accordance with this Chapter.]  \r\nCHAPTER VII \r\nRegulations, rules and bye-laws \r\n29.  Power of \r\n1\r\n[\r\n2\r\n[appropriate Government]] to make regulations .– The \r\n3\r\n[\r\n4\r\n[appropriate \r\nGovernment]] may, by notification in the  \r\n5\r\n[Official Gazette], make regulations consistent with \r\nthis Act for all or any of the following purposes, namely:– \r\n                                                           \r\n1Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraordinary), dated Apri l 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1 , 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptation. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n(a) for prescribing the qualifications to be required by a person for appointment \r\nas Chief Inspector or Inspector; \r\n(b) for prescribing and regulating the duties and powers of the Chief Inspector \r\nand of Inspectors in regard to the inspection of mines under this Act; \r\n(c) for prescribing the duties of owners, agents and managers of mines and of \r\npersons acting under them; \r\n(d) for prescribing the qualifications of managers of mines and of persons acting \r\nunder them; \r\n(e) for regulating the manner of ascertaining, by examination or otherwise, the \r\nqualifications of managers of mines and persons acting under them, a nd the \r\ngranting and renewal of the certificates of competency; \r\n(f) for fixing the fees, if any, to be paid in respect of such examinations and of \r\nthe grant and renewal of such certificates; \r\n(g) for determining the circumstances in which and the conditions subject to \r\nwhich it shall be lawful for more mines than one to be under a single \r\nmanager, or for any mine or mines to be under a manager not having the \r\nprescribed qualifications; \r\n(h) for providing for the making of inquiries into charges of misconduct or \r\nincompetency on the part of managers of mines and persons acting under \r\nthem and for the suspension and cancellation of certificates of competency; \r\n1\r\n[(hh) for providing for the appointment in mines wherein two hundred and fifty or \r\nmore persons are ordinarily  employed of such number of welfare and safety \r\nofficers as may be specified and for prescribing the qualifications and the \r\nduties to be performed by such officers;] \r\n(i) for regulating, subject to the provisions of the \r\n2\r\n[*] Explosives Act, 1884, and of \r\nany rules made thereunder, the storage and use of explosives; \r\n3\r\n[(ii) for regulating, subject to the provisions of the Electricity Act, 1910 (IX of 1910) \r\nand the rules made thereunder, the generation, storage, transformation, \r\ntransmission and use of electricity in mines and for providing for the care and \r\nthe regulation of the use of all electrical apparatus and electrical cables in \r\nmines;] \r\n(j) for prohibiting, restricting or regulating the employment in mines or in any \r\nclass of mines of women either below ground  or on particular kinds of labour \r\nwhich are attended by danger to the life, safety or health of such women; \r\n4\r\n[(jj) for providing for and regulating the training of persons before they are \r\nemployed in mines and also during the period of employment at such \r\nintervals as may be prescribed;  \r\n(jjj)  for providing for and regulating the medical examination of the persons before \r\nthey are employed in mines and also during the period of employment at such \r\nintervals as may be prescribed;] \r\n                                                           \r\n1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (a) of s. 21. \r\n2Omitted the word “Indian” by the Adaptatio n of Central Acts and Ordinances Order, 1949 vide Notification No. G.G.O.  4, \r\npublished in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223.283. \r\n3Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (b) of s. 21. \r\n4Inserted by the Act ibid., clause (c) of s. 21. \r\n(k) for providing for the safety of the persons employed in a mine, their means of \r\nentrance thereinto and exit therefrom, the number of shafts or outlets to be \r\nfurnished, and the fencing of shafts, pits or outlets, pathways and \r\nsubsidences; \r\n1\r\n[(kk) for prohibiting the employment in a m ine either as manager or in any other \r\nspecified capacity of any persons except persons paid by the owner of the \r\nmine and directly answerable to the owner or manager of the mine;] \r\n(l) for providing for the safety of the roads and working places in mines, including \r\nthe siting and maintenance of pillars and the maintenance of sufficient \r\nbarriers between mine and mine; \r\n2\r\n[(ll) for prescribing the size of travelling roads in a mine, through which load is \r\ncarried by human agency and limit of load and the distance to which it is \r\ncarried;  \r\n(Ill) for providing for and regulating the inspection of workings, disused working \r\nand sealed off fire areas in mines and for the restriction of working in a mine \r\nunder or in the vicinity of goaves or the sea or any lake or river o r any other \r\nbody of surface water, whether natural or artificial, or of any public roads, or \r\nbuildings;] \r\n(m) for providing for \r\n3\r\n[and regulating] the ventilation of mines and the action to be \r\ntaken in respect of dust \r\n4\r\n[, ionising radiations, radioactive gases and dust, fire \r\nand inflammable] and noxious gases; \r\n(n) for providing for the care, and the regulation of the use, of all machinery \r\n5\r\n[, \r\nplant, equipment and material in mines]; \r\n6\r\n[(nn) for providing for the safety of persons present on haulage roads in mi nes and \r\nfor prohibiting, restricting or regulating the use of certain classes of \r\nlocomotives underground;] \r\n7\r\n[(o) for providing for adequate and suitable lighting in mines and for  requiring and \r\nregulating the use of safety lamps and for the search of person s entering a \r\nmine for the prescribed prohibited articles;] \r\n8\r\n[(oo) for prescribing protective equipments and clothings and breathing apparatus \r\nfor all persons or classes of persons employed in mines or classes of mines \r\nand requiring and regulating the use o f such protective equipments, clothings \r\nand apparatus;] \r\n9\r\n[(p) for providing against explosions or ignitions or irruptions of or accumulations \r\nof water in mines and against danger arising therefrom, and for prohibiting, \r\nrestricting or regulating the extract ion of minerals in circumstances likely to \r\nresult in or to aggravate irruptions of water or ignitions in mines;]  \r\n                                                           \r\n1Inserted by the Indian Mines (Amendment) Act, 1940 (XXIV of 1940), published in the Gazette of the India, Part -IV, dated April 13, \r\n1940, p. 112, s. 4. \r\n2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, \r\n1973, pp. 498-509, clause (d) of s. 21. \r\n3Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, \r\nclause (a) of s. 3. \r\n4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, \r\n1973, pp. 498-509, clause (e) of s. 21. \r\n5Substituted by the Act ibid., clause (f) of s. 21. \r\n6Inserted by the Act ibid., clause (g) of s. 21. \r\n7Substituted by the Act ibid., clause (h) of s. 21. \r\n8Inserted by the Act, ibid., clause (i) of s. 21. \r\n9Substituted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part-IV, dated May 2, 1936, pp. 38-\r\n39, clause (b) of s. 3. \r\n(q) for prescribing the notices of accidents and dangerous occurrences, and the \r\nnotices, reports and returns of minerals output, persons emplo yed and other \r\nmatters provided for by regulations, to be furnished by owners, agents and \r\nmanagers of mines, and for prescribing the forms of such notices, returns and \r\nreports, the persons and authorities to whom they are to be furnished, the \r\nparticulars to be contained in them, and the time within which they are to be \r\nsubmitted; \r\n1\r\n[(qq) for prescribing the form of, the authorities to whom, and the time within which, \r\nthe notice required by sub -section (1) of section 20A shall be sent by the \r\nowner, agent or ma nager of a mine, and the fees to be paid to the medical \r\npractitioners under sub-section (5) of that section;] \r\n(r) for prescribing the plans to be kept by owners, agents and managers of mines \r\nand the manner and places in which such plans are to be kept for purposes of \r\nrecord; \r\n(s) for regulating the procedure on the occurrence of accidents or accidental \r\nexplosions or ignitions in or about mines; \r\n(t) for prescribing the form of, and the particulars to be contained in, the notice to \r\nbe given by the owner, agent or manager of a mine under section 14; and \r\n(u) for prescribing the notice to be given by the owner, agent or manager of a \r\nmine before mining operations are commenced at or extended to any point \r\nwithin fifty yards of any railway subject to the provisions o f \r\n2\r\n[*] Railways Act, \r\n1890, or of any public work or classes of public works which the \r\n3\r\n[\r\n4\r\n[appropriate Government]] may, by general or special order, specify in this \r\nbehalf. \r\n30.  Power of \r\n5\r\n[\r\n6\r\n[appropriate Government ]] to make rules .– The \r\n7\r\n[\r\n8\r\n[appropriate \r\nGovernment]] may, \r\n9\r\n[* * * *], by notification in the \r\n10\r\n[Official Gazette], make rules consistent \r\nwith this Act for all or any of the following purposes, namely:– \r\n(a) for providing for the appointment of chairmen and members of Mining Boards, \r\nand for regulating the procedure of such Boards; \r\n \r\n1\r\n[(aa) for prescribing the form of the register referred to in sub -section (2) of section \r\n20;] \r\n                                                           \r\n1Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, \r\n1973, pp. 498-509, clause (j) of s. 21. \r\n2Omitted the word “Indian” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.  4 of 1949); published in the Gazette \r\nof Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n9Omitted the words “subject to the control of the Governor General in Council” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, dated 18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n10Substituted for the words “local official Gazette” by the Order ibid., s. 4 and Table of General Adaptation. \r\n  \r\n2\r\n[(aaa) for requiring facilities and security of service to be provided to \r\nmanagers of mines and other persons acting under them for enabling them to \r\nefficiently discharge their duties;] \r\n(b) for providing for the appointment of courts of inquiry under section 21, for \r\nregulating the procedure and powers of such courts, for the payment of \r\ntravelling allowance to the members, and for the recovery of the expenses of \r\nsuch courts from the manager, owner or agent of the mine concerned; \r\n3\r\n[(bb) for requiring the maintenance in mine wherein any women are ordinarily \r\nemployed of suitable rooms to be reserved for the use of children under the \r\nage of six years belonging to such women, and for prescribing, either \r\ngenerally or with particular reference to the number of women ordinarily \r\nemployed in the mine, the number and standards of such rooms, and the \r\nnature and extent of the supervision to be provided therein;] \r\n \r\n4\r\n[(bbb) for requiring the maintenance at or near pit -heads of bathing places equipped \r\nwith shower baths and of locker-rooms for the use of men employed in mines \r\nand of similar and separate places and rooms for the use of women in mines \r\nwhere women are employed, and for prescribing, either generally or with \r\nparticular reference to the numbers of men and women ordinarily employed in \r\na mine, the number and standards of such places and rooms;] \r\n5\r\n[(bbbb) for prescribing the standard in respect o f construction, \r\naccommodation, furniture and other equipment of the canteens, the food -\r\nstuffs to be served therein and the charges which may be made therefore and \r\nthe representation of the persons employed in the mines in the management \r\nof such canteens;] \r\n(c) for prescribing the scale of latrine and urinal accommodation to be provided at \r\nmines, the provision to be made for the supply of drinking-water,\r\n6\r\n[the standard \r\nof first-aid rooms and shelters, the equipment and furniture therein and the \r\nnature and exte nt of supervision to be provided therefor,] the supply and \r\nmaintenance of medical appliances and comforts, \r\n7\r\n[* * *], and the training of \r\nmen in ambulance work; \r\n8\r\n[(cc) for prescribing the forms of notices required under section 23B,  and for \r\nrequiring such notices to be posted also in specified vernaculars;] \r\n9\r\n[(ccc) to fix seven consecutive hours between 7 P.M. and 7 A.M. for the purpose of \r\nsection 26B;  \r\n(cccc) to specify the circumstances in which and conditions in accordance with \r\nwhich a young person may be  employed or permitted to work as an \r\n                                                                                                                                                                                     \r\n1Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, clause (a) of s. 15. \r\n2Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (a) of s. 22. \r\n3Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part -IV, dated June 8, 1945, p. \r\n107, s. 2. \r\n4Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 2. \r\n5Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June 2 9, \r\n1973, pp. 498-509, clause (b) of s. 22. \r\n6Inserted by the Act ibid., clause (c) of s. 22. \r\n7Omitted the words “the formation and training of rescue brigades” by the Indian Mines (Amendment) Act, 1936 (XI of 1936), pub lished \r\nin Gazette of India, Part-IV, dated May 2, 1936, pp. 38-39, s. 4. \r\n8Inserted by the Indian Mines (Amendment)  Act, 1928 (XIII of 1928), published in the Gazette of India, Part -IV, dated September 29, \r\n1928, p. 30, s. 6.  \r\n9Inserted by the Mines (Amendment) Act, 1951 (XXIX of 1951), s. 6. \r\napprentice or for the purposes of receiving vocational training in a mine for \r\nthe purposes of the proviso to section 26B;] \r\n(d) for defining the persons who shall, for the purposes of section 24, be deemed \r\nto be persons holding positions of supervision or management or employed in \r\na confidential capacity; \r\n(e) for prohibiting the employment in mines of persons or any class of persons \r\nwho have not been certified by a qualified medical practitioner \r\n1\r\n[to have \r\ncompleted their fifteenth year], and for prescribing the manner and the \r\ncircumstances in which such certificates may be granted and revoked; \r\n2\r\n[(ee) for prescribing the form of the certificates of fitness required by section 26A \r\nand the circumstances in which such certific ates may be granted and \r\nrevoked;] \r\n(f) for prescribing the form of \r\n3\r\n[registers] required by section 28; \r\n \r\n4\r\n[(ff) to fix the time rates for persons employed on piece -rated basis and for \r\nrequiring the maintenance of payment registers for overtime work and \r\nprescribing the form thereof;  \r\n (fff) for prescribing the forms in which record of applications for leave, the grant or \r\nrefusal thereof and the payment of wages during leave and holidays with \r\nwages is to be kept;] \r\n(g) for prescribing abstracts of this Act \r\n5\r\n[and of the regulations and rules] and the \r\nvernacular in which the abstracts and the regulations, rules and bye -laws \r\nshall be posted as required by sections 32 and 33; \r\n(h) for requiring the fencing of any mine or part of a mine, whether the same is \r\nbeing worked or not, where such fencing is necessary for the protection of the \r\npublic; \r\n(i) for the protection from injury, in respect of any mine when the workings are \r\ndiscontinued, of property vested in \r\n6\r\n[Government] or any local authority or \r\nrailway company as defined in the \r\n7\r\n[*] Railways Act, 1890\r\n8\r\n; \r\n(j) for requiring notices, returns and reports in connection with any matters dealt \r\nwith by rules to be furnished by owners, agents, and managers of mines, and \r\nfor prescribing the forms of such notices, returns and reports, the persons and \r\nauthorities to whom they are to be furnished, the particulars to be contained in \r\nthem, and the times within which they are to be submitted; and \r\n(k) generally to provide for any matter not provided for by this Act or the \r\nregulations, provision for which is required in order to give effect to this Act. \r\n                                                           \r\n1Substituted for the words “to be more than thirteen years of age” by the Indi an Mines (Amendment) Act, 1935 (V of 1935), \r\npublished in the Gazette of India, Part-IV, dated April 27, 1935, pp. 8-10, clause (b) of s. 15. \r\n2Inserted by the Act ibid. \r\n3Substituted for the word “register” by the Act ibid., clause (d) of s. 15. \r\n4Inserted by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan (Extraordinary), dated June \r\n29, 1973, pp. 498-509, clause (d) of s. 22. \r\n5Inserted by the Repealing and Amending Act, 1925 (XXXVII of 1925), published in the Gazette of India, Part-IV, dated October \r\n3, 1925, p. 67, s. 2 and First Schedule. \r\n6Substituted for the words “His Majesty” by the Central Laws (Adaptation) Order, 1961 (I of 1961), vide Notification \r\nNo.F.13(1)/59-D&L., published in the Gazette of Pakistan (Extraordinary ), dated Jan. 24, 1961, pp. 102-103, sub-section (2) \r\nand Table of s. 2. \r\n7Omitted the word “Indian” by the Adaptation of Central Acts and  Ordinances Order, 1949 (G.G.O.4 of 1949); published in the \r\nGazette of Pakistan (Extraordinary), dated 28.03.1949, pp. 223-283, Art. 3 and Schedule. \r\n8IX of 1890. \r\n1\r\n[30A.  Power of \r\n2\r\n[appropriate Government ] to require rescue stations to be \r\nestablished.– The \r\n3\r\n[appropriate Government] may, by notification in the \r\n4\r\n[official Gazette], \r\nmake \r\n5\r\n[rules] under this section– \r\n6\r\n[(a) requiring the establishment of central rescue stations for groups or specified \r\nmines or for all mines in a specified area, and prescribing how and by whom \r\nsuch stations shall be established;  \r\n(b) providing for the management of central  rescue stations, and regulating the \r\nconstitution powers and functions of, and the conduct of business by, the \r\nauthorities (which shall include representatives of the owners and managers \r\nof, and of the miners employed in, the mines or groups of mines conce rned) \r\ncharged with such management;  \r\n(c) prescribing the position, equipment, control, maintenance and functions of \r\ncentral rescue stations; \r\n(d) providing for the levy and collection of a duty of excise (at a  rate not \r\nexceeding \r\n7\r\n[three paisa] per ton on co ke and coal produced in and \r\ndespatched from mines specified under clause (a) in any group or included \r\nunder clause (a) in any specified area, the utilisation of the proceeds thereof \r\nfor the creation of a central rescue station fund for such group or area and the \r\nadministration of such funds;  \r\n(e) providing for the formation, training, composition, and duties of rescue \r\nbrigades; and  \r\n(f) providing generally for the conduct of rescue work in mines.] \r\n31.  Prior publication of regulations and rules .– (1) The po wer to make regulations \r\nand rules conferred by sections 29, \r\n8\r\n[30 and 30A] is subject to the condition of the \r\nregulations and rules being made after previous publication. \r\n(2) The date to be specified in accordance with clause (3) of section 23 of the \r\nGeneral Clauses Act, 1897, as that after which a draft of regulations or rules proposed to be \r\nmade will be taken under consideration, shall not be less than three months from the date on \r\nwhich the draft of the proposed regulations or rules is published for general information. \r\n(3) Before the draft of any regulation \r\n9\r\n[* *] is published under this section it shall \r\nbe referred \r\n10\r\n[*     * *] to every Mining Board constituted in \r\n11\r\n[\r\n12\r\n[Pakistan]], \r\n1\r\n[\r\n2\r\n[which is, in \r\n                                                           \r\n1Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, \r\npp. 38-39, s. 5. \r\n2Substituted for the words “Governor General in Council” by the Governme nt of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptation. \r\n3Ibid. \r\n4Substituted for the words “Gazette of India” by the Order ibid. \r\n5Substituted for the word “regulations” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 4. \r\n6Substituted by the Act ibid. \r\n7Substituted for the words “six pies” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazett e of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 23. \r\n8Substituted for the word and figure “and 30A” by the Indian Mines (Amendment) Act, 1937 (XXIX of 1937), s. 5. \r\n9Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (X III of 1928), published in the Gazette of India, Part -\r\nIV, dated September 29, 1928, p. 30, clause (a) of s. 7.  \r\n10Omitted the words “in the case of a regulation” by the Act ibid.  \r\n11Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 2. \r\n12Substituted for the words “all Provinces” by the Central Laws (Statute Reforms) Ordinance, 1960 (XXI of 1960), pu blished in \r\nthe Gazette of Pakistan (Extraordinary), dated June 9, 1960, pp. 725-845, s. 3 and Second Schedule. \r\nthe opinion of the \r\n3\r\n[\r\n4\r\n[appropriate Government]], concerned with the subject dealt with by the \r\nregulation]]; and the regulation \r\n5\r\n[* *] shall not be so published until each such Board has \r\nhad a reasonable opportunity of reporting as to the expediency of making the same and as \r\nto the suitability of its provisions. \r\n6\r\n[(3-A) No rule shall be made unless the draft thereof has been referred to every \r\nMining Board constituted \r\n7\r\n[in the part of \r\n8\r\n[\r\n9\r\n[Pakistan]] affected by the rule], and unless each \r\nsuch Board has had a reasonable opportunity of reporting as to the expediency o f making \r\nthe same and as to the suitability of its provisions.] \r\n(4) Regulations and rules shall be published in the \r\n10\r\n[Official Gazette] \r\n11\r\n[**], and, \r\non such publication, shall have effect as if enacted in this Act. \r\n12\r\n[(5) The provisions of sub -sections (1), (2) and (3 -A) shall not apply to the first \r\noccasion on which rules referred to in clause (bb) or \r\n13\r\n[clause (bbb) of section 30 are made.] \r\n \r\n14\r\n[31A.  Power to make regulations without previous publication .– Notwithstanding \r\nanything contained in sub-sections (1), (2) and (3) of section 31, regulations under clause (i) \r\nand clauses (k) to (s) inclusive of section 29 may be made without previous publication and \r\nwithout previous reference to Mining Boards, if the \r\n15\r\n[appropriate Government] is satisfied \r\nthat for the p revention of apprehended danger or the speedy remedy of conditions likely to \r\ncause danger it is necessary in making such regulations to dispense with the delay that \r\nwould result from such publication and reference: \r\nProvided that any regulations so made sha ll not remain in force for more than two \r\nyears from the making thereof.] \r\n                                                                                                                                                                                     \r\n1Omitted the words “and in the case of a rule to every Mining Board constituted in the province” by the Indian Mines \r\n(Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part-IV, dated September 29, 1928, p. 30, clause (a) of \r\ns. 7.   \r\n2Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 16. \r\n3Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptation. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Omitted the words “or rule” by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), published in the Gazette of India, Part -\r\nIV, dated September 29, 1928, p. 30, clause (a) of s. 7. \r\n6Inserted by the Indian Mines (Amendment) Act, 1928 (XIII of 1928), publis hed in the Gazette of India, Part -IV, dated \r\nSeptember 29, 1928, p. 30, clause (b) of s. 7. \r\n7Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette \r\nof India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n8Substituted for the words “any Legislature in British India” by the Adaptation of Central Acts and Ordinances Order, 1949, \r\npublished in the Gazette of Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. \r\n9Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), published in \r\nthe Gazette of Pakistan (Extraordinary), pp. 725-845, s. 3 and Second Schedule. \r\n10Substituted for the words “Gazette of India” by the Government  of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n11Omitted the words “and the local Official Gazette” by the Order ibid., s. 3. \r\n12Inserted by the Mines (Amendment) Ordinance, 1945 (XVII of 1945), published in the Punjab Gazette, part -IV, dated June 8, \r\n1945, p. 107, s. 2. \r\n13Inserted by the Indian Mines (Amendment) Act, 1946 (II of 1946), s. 3.  \r\n14Inserted by the Indian Mines (Amendment) Act, 1936 (XI of 1936), published in Gazette of India, Part -IV, dated May 2, 1936, \r\npp. 38-39, s. 6. \r\n15Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptations. \r\n32.  Bye-laws.– (1) The owner, agent or manager of a mine may, and shall, if called upon \r\nto do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or \r\nInspector a draft of such bye -laws, not being inconsistent with this Act or any regulations or \r\nrules for the time being in force, for the control and guidance of the persons acting in the \r\nmanagement of, or employed in, the mine as such owner, agent or manager m ay deem \r\nnecessary to prevent accidents and provide for the safety, convenience and discipline of the \r\npersons employed in the mine. \r\n(2) If any such owner, agent or manager– \r\n(a) fails to submit within two months a draft of bye -laws after being called \r\nupon to do so by the Chief Inspector or Inspector, or \r\n(b) submits a draft of bye -laws which is not in the opinion of the Chief \r\nInspector or Inspector sufficient,   \r\nthe Chief Inspector or Inspector may– \r\n(i) propose a draft of such bye-laws as appear to him to be sufficient, or \r\n(ii) propose such amendments in any draft submitted to him by the owner, agent \r\nor manager as will, in his opinion, render it sufficient, \r\nand shall send such draft bye-laws of draft amendments to the owner, agent or manager, as \r\nthe case may be, for consideration. \r\n(3) If within a period of two months from the date on which any draft bye -laws or \r\ndraft amendments are sent by the Chief Inspector or Inspector to the owner, or agent or \r\nmanager under the provisions of the sub-section (2), the Chief Inspector or Inspector and the \r\nowner, agent or manager, are unable to agree as to the terms of the bye -laws to be made \r\nunder sub -section (1), the Chief Inspector or Inspector shall refer the draft bye -laws for \r\nsettlement to the Mining Board or, where there i s no Mining Board, to such officer or \r\nauthority as the \r\n1\r\n[\r\n2\r\n[appropriate Government]] may, by general or special order, appoint in this \r\nbehalf. \r\n (4) (a) When such draft bye-laws have been agreed to by the owner, agent or \r\nmanager and the Chief Inspector or Inspector, or, when they are unable to agree, have been \r\nsettled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye -\r\nlaws shall be sent by the Chief Inspector or Inspector to the \r\n3\r\n[\r\n4\r\n[appropriate Government]] for \r\napproval. \r\n(b) The \r\n5\r\n[\r\n6\r\n[appropriate Government]] may make such modifications of the draft \r\nbye-laws as it thinks fit. \r\n(c) Before the \r\n1\r\n[\r\n2\r\n[appropriate Government]] approves the draft bye -laws, whether \r\nwith or without modifications, there shall be published, in such manner as the \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, pub lished in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation.  \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gaz ette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3\r\n[\r\n4\r\n[appropriate Government]] may think best adapted for informing the persons \r\naffected, notice of the proposal to make the   bye-laws and of the place where \r\ncopies of the draft bye-laws may be obtained, and of the time (which shall not \r\nbe less than thirty days) within which any objections with reference to the \r\ndraft bye-laws, made by or on behalf of persons affected, should be sent to \r\nthe \r\n5\r\n[\r\n6\r\n[appropriate Government]]. \r\n(d) Every objection shall be in writing and shall state–  \r\n(i) the specific grounds of objection and  \r\n(ii) the omissions, additions or modifications asked for. \r\n(e) The \r\n7\r\n[\r\n8\r\n[appropriate Government]] shall consider any objection made within the \r\nrequired time by or on behalf of persons appearing to it to be affected, and \r\nmay approve the bye -laws either in the form in which they were published or \r\nafter making such amendments thereto as it thinks fit. \r\n(5) The bye-laws, when so approved by the \r\n9\r\n[\r\n10\r\n[appropriate Government]], shall \r\nhave effect as if enacted in this Act, and the owner, agent or manag er of the mine shall \r\ncause a copy of the bye -laws, in English and in such vernacular or vernaculars as may be \r\nprescribed, to be posted up in some conspicous place at or near the mine, where the bye -\r\nlaws may be conveniently read or seen by the persons employed; and, as often as the same \r\nbecome defaced, obliterated or destroyed, shall cause them to be renewed with all \r\nreasonable despatch. \r\n(6) The \r\n11\r\n[\r\n12\r\n[appropriate Government]] may, by order in writing rescind, in whole or \r\nin part, any bye -law so made, and there upon such bye -law shall cease to have effect \r\naccordingly. \r\n33. Posting up of abstracts from Act, regulations, etc.– There shall be kept posted up \r\nat or near every mine in English and in such vernacular or vernaculars as may be \r\nprescribed, the prescribed abstracts of the Act and of the regulations and rules. \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary ), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of Genera l \r\nAdaptation. \r\n8Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n10Substituted for the words “Cent ral Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n12Substituted for the words “Central Government ” by the Central Adaptation of Laws Order, 1964 , vide Noti fication No. \r\nF.2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\nCHAPTER VIII \r\nPenalties and procedure \r\n34. Obstruction.– (1) Whoever obstructs the Chief Inspector, an Inspector or any person \r\nauthorised under section 7 in the discharge of his duties under this Act, or re fuses or wilfully \r\nneglects to afford the Chief Inspector, an Inspector or such person any reasonable facility for \r\nmaking any entry, inspection, examination or inquiry authorised by or under this Act in \r\nrelation to any mine, shall be punishable with impriso nment for a term which may extend to \r\nthree months, or with fine which may extend to \r\n1\r\n[one thousand] rupees, or with both. \r\n(2) Whoever refuses to produce on the demand of the Chief Inspector or \r\nInspector any registers or other documents kept in pursuance of  this Act, or prevents or \r\nattempts to prevent or does anything which he has reason to believe to be likely to prevent, \r\nany person from appearing before or being examined by an inspecting officer acting in \r\npursuance of his duties under this Act, shall be pu nishable with fine which may extend to \r\n2\r\n[six] hundred rupees. \r\n35. Falsification of records, etc.– Whoever– \r\n(a) counterfeits, or knowingly makes a false statement in, any certificate, or any \r\nofficial copy of a certificate, granted under this Act, or \r\n(b) knowingly uses as true any such counterfeit or false certificate, or \r\n(c) makes or produces or uses any false declaration, statement or evidence \r\nknowing the same to be false, for the purpose of obtaining for himself or for \r\nany other person a certificate, or the renewal of a certificate, under this Act, or \r\nany employment in a mine, or \r\n(d) falsifies any plan or register or record the maintenance of which is required by \r\nor under this Act, or \r\n(e) makes, gives or delivers any plan, return, notice, record or report containing a \r\nstatement, entry or detail which is not to the best of his knowledge or belief \r\ntrue, shall be punishable with imprisonment for a term which may extend to \r\nthree months, or with fine which may extend to \r\n3\r\n[one thousand] rupees, or \r\nwith both. \r\n36.  Omission to furnish plans, etc .– Any person who, without reasonable excuse the \r\nburden of proving which shall lie upon him, omits to make or furnish in the prescribed form or \r\nmanner or at or within the prescribed time any plan, return, notice, register, record or report \r\nrequired by or under this Act to be made or furnished shall be punishable with fine which \r\nmay extend to \r\n4\r\n[four] hundred rupees. \r\n37. Contravention of provisions regarding employment of labour .– Whoever, save \r\nas permitted by section 25, contravenes any provision of this Act or of any regulation, rule or \r\nbye-law or of any order made thereunder prohibiting, restricting or regulating the \r\nemployment or presence of persons in or about a mine shall be punishable with fine which \r\nmay extend to \r\n5\r\n[one thousand] rupees. \r\n                                                           \r\n1Substituted for the words “five hundred” by the Mines (Amen dment) Act, 1973 (XLV of 1973), published in the Gazette of \r\nPakistan (Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 24. \r\n2Substituted for the word “three” by the Act ibid., clause (b) of s. 24. \r\n3Substituted for the words ”five hundred” by the Act ibid., s. 25. \r\n4Substituted for the word “two” by the Act ibid., s. 26. \r\n5Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of \r\nPakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 27. \r\n38. Notice of accidents .– \r\n1\r\n[(1)] Whoever, in contravention of the provisions \r\n2\r\n[of sub -\r\nsection (1)] of section 20, fails to give notice of any accidental occurrence shall, if the \r\noccurrence results in serious bodily injury, be punishable with fine which may extend to \r\n3\r\n[one \r\nthousand] rupees or, if the occurrence results in loss of life, be punishable with imprisonment \r\nwhich may extend to three months or with fine which may extend to \r\n4\r\n[one thousand] rupees, \r\nor with both. \r\n5\r\n[(2) Whoever in contraventi on of a direction made by the \r\n6\r\n[\r\n7\r\n[appropriate \r\nGovernment]] under sub-section (2) of section 20 fails to record in the prescribed register or \r\nto give notice of any accidental occurrence shall be punishable with fine which may extend \r\nto \r\n8\r\n[one thousand] rupees.] \r\n39. Disobedience of orders.– Whoever contravenes any provision of this Act or of any \r\nregulation, rule or bye-law or of any order made thereunder for the contravention of which no \r\npenalty is hereinbefore provided shall be punishable with fine which may extend to \r\n9\r\n[two] \r\nthousand rupees, and, in the case of a continuing contravention, with a further fine which \r\nmay extend to \r\n10\r\n[two] hundred rupees for every day on which the offender is proved to have \r\npersisted in the contravention after the date of the first conviction. \r\n40. Contravention of law with dangerous results .– (1) Notwithstanding anything \r\nhereinbefore contained, whoever contravenes any provision of this Act or of any regulation, \r\nrule or bye-law or of any order made thereunder, shall be punishable, if  such contravention \r\nresults in loss of life, with imprisonment which may extend to one year, or with fine which \r\nmay extend to \r\n11\r\n[four] thousand rupees, or with both; or, if such contravention results in \r\nserious bodily injury, with imprisonment which may ext end to six months, or with fine which \r\nmay extend to \r\n12\r\n[two thousand] rupees, or with both; or, if such contravention otherwise \r\ncauses injury or danger to workers or other persons in or about the mine, with imprisonment \r\nwhich may extend to one month, or with  fine which may extend to \r\n13\r\n[one thousand] rupees, \r\nor with both. \r\n(2) Where a person having been convicted under this section is again convicted \r\nthereunder, he shall be punishable with double the punishment provided by sub-section (1). \r\n(3) Any Court imposing , or confirming in appeal, revision or otherwise, a \r\nsentence of fine passed under this section may, when passing judgment, order the whole or \r\nany part of the fine recovered to be paid as compensation to the person injured, or, in the \r\ncase of his death, to his legal representative: \r\n                                                           \r\n1Re-numbered by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April \r\n27, 1935, pp. 8-10, s. 17. \r\n2Inserted by the Act ibid., clause (a) of s. 17. \r\n3Substituted for the words “five hundred” b y the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of \r\nPakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28. \r\n4Ibid. \r\n5Added by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, clause (b) of s. 17. \r\n6Omitted the words “and every Local Government ” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated \r\n18th March, 1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3. \r\n7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n8Substituted for the words “five hundred” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of \r\nPakistan (Extraordinary), dated June 29, 1973, pp. 498-509, s. 28. \r\n9Substituted for the word “one” by the Act ibid., s. 29. \r\n10Ibid. \r\n11Substituted for the word “two” by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, clause (a) of s. 30. \r\n12Substituted for the words “one thousand” by the Act ibid., clause (b) of s. 30. \r\n13Substituted for the words “five hundred” by the Act ibid., clause (c) of s. 30. \r\nProvided that, if the fine is imposed in a case which is subject to appeal, no such \r\npayment shall be made before the period allowed for presenting the appeal has elapsed, or, \r\nif an appeal has been presented, before the decision of the appeal. \r\n1\r\n[40A. Special provision regarding fine .– Notwithstanding anything contained in section \r\n32 of the Code Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate \r\nof the first class to pass a sentence of fine exceeding one th ousand rupees authorised by \r\nthis Act on any person convicted of an offence thereunder.] \r\n41. Prosecution of owner, agent or manager .– No prosecution shall be instituted against \r\nany owner, agent or manager for any offence under this Act except at the instanc e of the \r\nChief Inspector or of the District Magistrate or of an Inspector authorised in this behalf by \r\ngeneral or special order in writing by the Chief Inspector. \r\n2\r\n[42. Limitation of prosecution .– No court shall take cognizance of any offence under \r\nthis Act unless complaint thereof has been made– \r\n(i) within six months of the date on which the offence is alleged to have been \r\ncommitted, or \r\n(ii) within six months of the date on which the alleged commission of the offence \r\ncame to the knowledge of the Inspector, or \r\n(iii) in any case where a person has been appointed by the appropriate \r\nGovernment under section 21 to hold an inquiry within six months of the date \r\nof the making of the report referred to in sub -section (4) of that section, \r\nwhichever is the later.] \r\n43. Cognizance of offences.– No Court inferior to that of a \r\n3\r\n[*****] Magistrate of the first \r\nclass shall try any offence under this Act which is alleged to have been committed by any \r\nowner, agent or manager of a mine or any offence which is by this Act made punishable with \r\nimprisonment. \r\n44. Reference to Mining Board or Committee in lieu of prosecution in certain \r\ncases.– (1) If the Court trying any case instituted at the instance of the Chief Inspector or of \r\nthe District Magistrate or of an Inspector under this  Act is of opinion that the case is one \r\nwhich should, in lieu of a prosecution, be referred to a Mining Board or a Committee, it may \r\nstay the criminal proceedings, and report the matter to the \r\n4\r\n[\r\n5\r\n[appropriate Government]] with \r\na view to such reference being made. \r\n(2) On receipt of a report under sub -section (1), the \r\n6\r\n[\r\n7\r\n[appropriate Government]] \r\nmay refer the case to a Mining Board or a Committee, or may direct the Court to proceed \r\nwith the trial. \r\nCHAPTER IX \r\n                                                           \r\n1Inserted by the Act, ibid., s. 31. \r\n2Substituted by the Act ibid., s. 32. \r\n3Omitted the words “Presidency Magistrate or” by the Adaptation of Central Acts and Ordinances Order, 1949, published in the Gazette \r\nof Pakistan (Extraordinary), dated March 28, 1949, pp. 223-283, s. 3. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptation. \r\n5Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 , vide Notification No. F.2(1)/63 -Adp, \r\npublished in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, publishe d in Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n7Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\nMiscellaneous \r\n45. Decision of question whether a mine is under this Act.– If any question arises as \r\nto whether any excavation or working is a mine within the meaning of this Act, the \r\n1\r\n[\r\n2\r\n[appropriate Government]] may decide the question, and a certificate signed by a \r\nSecretary to the \r\n3\r\n[\r\n4\r\n[appropriate Government]] shall be conclusive on the point. \r\n46. Power to exempt from operation of Act .– (1) The \r\n5\r\n[\r\n6\r\n[appropriate Government]] \r\nmay, by notification in the \r\n7\r\n[Official Gazette], exempt \r\n8\r\n[either absolutely or subject to any \r\nspecified conditions] any local area or any mine or group or class of mines or any part of a \r\nmine or any class of persons from the operation of all or any specified provisions of this Act: \r\nProvided that no local area or mine or group or class of mines shall be exempted \r\nfrom the provisions of sec tion 26 unless it is also  exempted from the operation of all the \r\nother provisions of this Act \r\n9\r\n[;] \r\n10\r\n[Provided further that no exemption from the operation of the provisions of section \r\n23C shall be granted unless, in the case of an emergency, the national i nterest so requires \r\nand the employers‟ and workers‟ organisation concerned have been consulted \r\n11\r\n[:]] \r\n12\r\n[Provided further that no exemption from the operation of the provisions of section \r\n22B or section 22C or section 25A shall be granted except in the event  of war or other \r\nemergency threatening the national safety.] \r\n13\r\n[ * * * * * * * * *   ] \r\n47. Power to alter or rescind orders .– The \r\n14\r\n[\r\n15\r\n[appropriate Government]] \r\n1\r\n[****] may \r\nreverse or modify any order passed under this Act \r\n2\r\n[*****]. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette o f India (Extraordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n2Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extra ordinary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n4Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n5Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in Gazette of India (Extraord inary), dated April 1, 1937 , pp. 75-344, s. 4 and Table of \r\nGeneral Adaptations. \r\n6Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964, vide Notification No. F.2(1)/63-\r\nAdp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n7Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in Gazette of India (Extraordinary), dated  April 1, 1937 , pp. 75-344, s. 4 and Table of General \r\nAdaptation. \r\n8Inserted by the Indian Mines (Amendment) Act, 1935 (V of 1935), published in the Gazette of India, Part -IV, dated April 27, \r\n1935, pp. 8-10, s. 18. \r\n9Substituted for the full stop by the Mine s (Amendment) Act, 1967 (VII of 1967), published in the Gazette of Pakistan \r\n(Extraordinary), dated June 12, 1967, p. 388, s. 2.  \r\n10Inserted by the Act ibid. \r\n11Substituted for the full stop by the Mines (Amendment) Act, 1973 (XLV of 1973), published in the Ga zette of Pakistan \r\n(Extraordinary), dated June 29, 1973, pp. 498-509, s. 33. \r\n12Inserted by the Act ibid. \r\n13Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in Gazette of \r\nIndia (Extraordinary), dated April 1, 1937 pp. 75-344, s. 3. \r\n14Substituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptation. \r\n15Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 vide Notification No. F. \r\n2(1)/63-Adp, published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, s. 2 and Schedule. \r\n48. Application of Act to \r\n3\r\n[Government] mines.– This Act shall  apply to mines \r\nbelonging to the \r\n4\r\n[Government]. \r\n49. 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