ACT No. IV of 1923
[23rd February, 1923]
An Act to amend and consolidate the law relating to the regulation and inspections of mines. WHEREAS it is expedient to amend and consolidate the law relating to the regulation and inspection of mines; It is hereby enacted as follows:
CHAPTER I. PRELIMINARY 1 Short title extent and commencement. 2 [Omitted.] 3 Definitions. 4 Chief Inspector and Inspectors. 5 Functions of Inspectors. 6 Powers of Inspectors of Mines. CHAPTER II INSPECTORS 7 Powers of special officer to enter, measure, etc. 8 Facilities to be afforded to Inspectors. 9 Secrecy of information obtained. 9 A Secrecy of source of compliant. 10 Mining Board. 11 Committees. CHAPTER III MINING BOARDS AND COMMITTEES 12 Powers of Mining Boards. 13 Recovery of expenses. CHAPTER IV MINING OPERATION AND MANAGEMENT OF MINES 14 Notice to be given of mining operations. 15 Managers. 16 Duties and responsibilities of owners, agents and managers. CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY 17 Conservancy. 17 A Canteens. 17 B Shelters. 18 Medical appliances. 18 A First aid rooms. 19 Powers of inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous. 20 Notice to be given of accidents. 20 A Notice of occupational diseases 21 Power of government to appoint court of inquiry in cases of accidents. 22 Publications of reports. CHAPTER VI HOURS AND LIMITATION OF EMPLOYMENT 22 A Weekly day of rest. 22 B Hours of work above ground. 22 C Hours of work below ground. 22 D Special provision for night relays. 23 Prohibition of employment of certain persons. 23 A [Repealed.] 23 B Notices regarding hours of works. 23 C Limitation of hours of works. 24 Supervising staff. 25 Exemption from provisions regarding employment. 25 A Extra stages for overtime. 26 Children. 26 A Young persons not to be allowed underground without certificates of fitness. 26 B Limitation of working hours for young persons. 27 Dispute as to age. 28 Register of employees. CHAPTER VIA LEAVE AND HOLIDAYS WITH WAGES 28 A Application of the Chapter. 28 B Annual leave with wages. 28 C Festival holidays. 28 D Casual leave and sick leave. 28 E Wages during leave or holiday periods. 28 F Payment in advance in certain cases. 28 G Power of Inspector to act for workers. CHAPTER VII REGULATIONS, RULES AND BYE LAWS 29 Power of appropriate Government to make regulations. 30 Power of appropriate Government to make rules. 30 A Power of appropriate Government to require rescue stations to be established. 31 Prior publication of regulations and rules. 31 A Power to make regulations without previous publication. 32 Bye laws 33 Posting up of extracts from act, regulations, etc CHAPTER VIII PENALTIES AND PROCEDURE 34 Obstruction. 35 Falsification of records, etc. 36 Omission to furnish plans, etc. 37 Contravention of provision regarding employment of labour. 38 Notice of accidents. 39 Disobedience of orders. 40 Contravention of law with dangerous results. 40 A Special provision regarding fines. 41 Prosecution of owner, agent or manager. 42 Limitation of prosecutions. 43 Cognizance of offences. 44 Reference to mining board or committee in lieu of prosecution in certain cases. CHAPTER IX. MISCELLANEOUS 45 Decision of question whether a mine is under this act. 46 Power to exempt from operation of act. 47 Power to alter or rescind orders. 48 Application of act to government mines. 49 Saving. 50 [Repealed.]
* Mines Act, 1923. [(2) It extend to the whole of Pakistan.]
It shall come into force on the first day of July, 1924.
This act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation No. 1 of 1972, s. 2 and Sch. For Statement of Objects and Reasons, see Gazette of India, 1922, Pt. V.p. 327; and for Report of Joint Committee, see ibid., 1923, Pt. V. p. 25. This Act has been extended to: (i) the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937 Pt. I p. 1499; (ii) the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953 (G.G.O. 19 of 1953); (iii) the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953; (iv) the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953) as amended by the Bahawalpur (Extension of Federal Laws) (Amdt.) Order, 1953 (G.G.O. 21 of 1953). The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960) s. 2. This Act has been applied to the Provincially Administered Tribal Areas or to the parts of those areas to which it does not already apply, see Regulation No. 1 of 1972, s. 2 and Sch. also applied to FATA, SRO 220 (1)/2000, dated 2142000. The word “Indian” omitted by A.O., 1949. Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for subsection (2), as amended by A.O., 1949, and the Federal Laws (Revision and Regulations) Act, 1951 (26 of 1951), s. 8. [nuclear substances mineral oil, natural gas and liquids, and substances declared by Federal Law to be dangerously inflammable oil fields and gas fields] the [Federal Government] and in relation to other mines the Provincial Government;] * * * * * * * Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke making or the dressing of; Clause (aa) ins. by A.O., 1961, Art. 2 and Sch., (with effect from the 23 rd March, 1956), has been subs. by A.O., 1964, Art. 2 and Sch. Subs. by F.A.O., 1975, Art. 2 and Sch., for “nuclear substances, oilfields and gasfield”. Subs. ibid., Art. 2 and Table, for “Central Government”. Subs. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 2. for the original clause (c). Clause (cc) ins., ibid Clause (ccc), omitted by A.O., 1949. * * * under any Act of [the Central Legislature or any Provincial Legislature] providing for the maintenance of a register of medical practitioners, and includes, in any area where no such last ‑ mentioned Act is in force, any person declared by the [appropriate Government], by notification in the [official Gazette], to be a qualified medical practitioner for the purposes of this Act; ‑ laws” means respectively regulations, rules and bye ‑ laws under this Act ; [and the period for which it works is called a ‘shift’]; [part of the body], or the permanent loss of or injury to the sight or hearing, or the fracture of any [part of the body] or the enforced absence of the injured person from work for a period exceeding twenty days; and
[appropriate Government] may, by notification in the [official Gazette], appoint a duly qualified person to be Chief Inspector of Mines for the whole of [Pakistan] [or for the Province, as the case may be], and duly qualified persons to be Inspectors of Mines subordinate to the Chief Inspector. Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. Subs. by A.O., 1949, for “any Legislature in British India”. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Local Government”. Subs. by A.O., 1937, for “local official Gazette”. Cl. (jj) was ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935),s.2. Added by the Mines (Amdt.) Act 1973 (45 of 1973), s. 2. Subs. ibid., s. 2,for “limb”. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A.O., 1937, for “Governor General in Council.”. Subs. A.O., 1937, for “Gazette of India”. Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”. Ins. by A.O., 1964, Art. 2 and Sch.
No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office who is or becomes directly or indirectly interested in any mine or mining rights in [Pakistan].
The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the [appropriate Government]: Provided that nothing in this subsection shall be deemed to empower a District Magistrate to exercise any of the powers conferred by section 19 or section 32.
The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860).
The Inspector shall give information to owners, agents and managers of mines, situate within the local area or areas or belonging to the group or class of mines, in respect of which he exercises powers under sub ‑
‑ laws and of any orders made thereunder are observed in the case of any mine ; * * * ; ‑ laws for the time being in force relating to the mine and all matters and things connected with or relating to the safety [health and welfare] of the persons employed in the mine ; Subs. by the Federal Laws (Revision and Declaration)Act, 1951 (26 of 1951), s. 4 and III Sch., for “India”. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. Certain words omitted by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 3. Ins. ibid., Added ibid., Provided that no one shall be required under this section to answer or give any evidence tending to criminate himself ;
[State] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, levelling or measuring in any mine, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or treasure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working if the mine [:] [Provided that no such notice need be given if, for reasons to be recorded, the Chief Inspector or Inspector is of opinion that there is an emergency.]
[and shall not he disclosed to any person other than a Magistrate [or a Commissioner for Workmen’s Compensation appointed under the Workmen’s Compensation Act, 1923, or an official superior or the owner, agent or manager of the mine concerned, unless the Chief inspector or the Inspector considers disclosure necessary to ensure the or with the safety of any persons]. Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd March, 1956), for “Crown”, which had been subs. by A.O., 1937, for “Government”. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 4, for full stop. Proviso added ibid., Added by the Indian Mines (Amdt.) Act, 1937 (29 of 1937),s. 3. Ins. by Act 45 of 1973, s. 5.
If the Chief Inspector, or an Inspector, or any other person referred to in sub ‑
[contrary to the provisions of sub ‑
[the appropriate Government], he shall be guilty of a breach of official trust, and shall lie punishable [with imprisonment for a term which may extend to one year, or with fine or with both].
No court shall proceed to the trial of any offence under this section [except with the previous sanction of the [appropriate Government]].
[appropriate Government] may constitute [for any part of Pakistan] [or, as the case may be, of the Province], or for any group or class of mines * * * , a Mining Board consisting of [the State], not being the Chief Inspector or an Inspector, nominated by the [appropriate Government] to act as Chairman ; [appropriate Government ];] Subs. by the Mines (Amdt.) Act 1973 (45 of 1973)s. 5 for “to any one, other than a Magistrate or an officer to whom he is subordinate”. The original words “the G.G. in C. or the L.G.”, were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as above. Subs. by the Repealing and Amending Act, 1925 (37 of 1925), s. 2 and Sch. I, for “in the manner provided by section 4 of the Indian Official Secrets Act, 1889”. Subs. by Act 29 of 1937, s. 3, for the original words as amended by A.O., 1937. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”. Ins. by Act 45 of 1973,s.6. Subs. by A.O., 1964, Art.2 and Sch., for "Central Government"., which had been subs. by A.O., 1937, for "Local Government". The original words “for the province, or for any part of the province” were first subs. by A.O., 1937 and then amended by A.O., 1949, and the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. Ins. by A.O., 1964, Art. 2 and Sch. The words “in the province” were rep. by A.O., 1937. The original words “the Government”, were first subs. by the Indian Mines (Amdt.) Act, 1940 (24 of 1940), s. 2 and then amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. Subs. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 3, for the original clause. (c). [(e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions : ‑ ‑ clause (i) is not applicable and there are one or more registered trade unions having in the aggregate as members not less than 1,000 miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the [appropriate Government] ; ‑ clause (i) nor sub ‑ clause (ii) is applicable, the said persons shall be nominated by the [appropriate Government]. Explanation. _ In this clause ‘miner’ means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted.]
The chairman shall appoint a person to act as secretary to the Board.
The [appropriate Government] may give directions as to the payment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member.
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Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of ‑ [appropriate Government] or by such officer or authority as the [appropriate Government] may authorise in this behalf; [appropriate Government] to represent the interests of the persons employed in the mine.
No Inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a Committee appointed under this section.
Where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub ‑
Clause (e) and the Explanation added, ibid. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 3. Subs. by A.O., 1964, Art.2 and Sch., for "Central Government"., which had been subs. by A.O., 1937, for "Local Government".
The Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the mine, and shall report its decision to the [appropriate Government.]
On receiving such report the [appropriate Government] shall pass orders in conformity therewith unless the Chief Inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the Committee, in which case the [appropriate Government] may proceed to review such decision and to pass such orders in the matter as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or manager of the mine.
The [appropriate Government] may give directions as to the remuneration, if any, to be paid to the members of the Committee or any of them, and as to the payment of the expenses of the inquiry including such remuneration.
Every Mining Board constituted under section 10 and every Committee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects ; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code.
‑ The [appropriate Government] may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a Committee appointed under section 11 shall be borne in whole or in the part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a Magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the Magistrate's jurisdiction belonging to such [owner or agent]. Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”. Subs. by the Repealing and Amending Act, 1925 (37 of 1925), s. 2 and Sch I, for “owner, agent or manager.”
If the proposed operations in respect of which notice is given under sub ‑
‑ section.]
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Save as may be otherwise prescribed, every mine shall be under one manager who shall have the prescribed qualifications and shall be responsible for the control, management and direction of the mine, and the owner or agent of every mine shall appoint himself or some other person, having such qualifications, to be such manager.
If any mine is worked without there being a manager for the mine as required by sub ‑
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The owner, agent and manager of every mine shall be responsible that all operations carried on in connection therewith are conducted in accordance with the provisions of this Act and of the regulations, rules and bye ‑ laws and of any orders made thereunder.
In the event of any contravention of any such provisions by any person whomsoever, the owner, agent and manager of the mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all reasonable means, by publishing and to the best of his power enforcing those provisions, to prevent such contravention: Provided that the owner or agent shall not be so deemed if he proves ‑ Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s, 7, for section 14.
Save as hereinbefore provided, it shall not be a defence in any proceedings brought against an owner or agent of a mine under this section that a manager of the mine has been appointed in accordance with the provisions of this Act.
* * *, such supply of ambulances or stretchers, and of splints, bandages and other medical requirements, as may be prescribed, shall be kept ready at hand in convenient place and in good and serviceable order. ‑ aid rooms of such size, with such equipment and in charge of such medical and nursing staff as may be prescribed.]
‑ laws or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part thereof or any matter, tuning or practice in or connected with the mine, or with the control, management or direction thereof, is dangerous to human life, [health] or safety, or defective so to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in which he considers the mine, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time as he may specify in the notice. New sections 17A and 17B ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 8. Certain words omitted ibid., s. 9, these words were previously amended by various enactments. New section 18A ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 10. Certain words omitted ibid , s. 9, these words were previously amended by various enactments. [(1A) Without prejudice to the generality of the provisions contained in sub ‑
[appropriate Government] may by notification in the [Official Gazette] declare that this sub ‑
* prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, such operation is likely to cause the crushing of pilars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion adequate provision against the outbreak of fire [or flooding] has not been made by providing for sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by a fire [or flooding], * * * * * * * and the provisions of subsection (3), (4), (5) and (6) shall apply to an order made under this sub section as they apply to an order made under subsection (2).]
If the Chief inspector or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the life, [health] or safety of any person employed in any mine or part thereof. he may, by an order in writing containing a statement of the grounds of his opinion, prohibit until the danger is removed, the employment in or about the mine or part thereof any person where employment is not in his opinion reasonably necessary for the purpose of removing the danger.
Where an order has been made under sub ‑
The Chief Inspector or the Inspector making a requisition under subsection (I) or an order under sub ‑
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[appropriate Government] and shall inform the owner, agent or manager of the mine that such report has been so made.
If the owner, agent or manager of the mine objects to a requisition made under sub ‑
‑
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the decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to the [appropriate Government], which shall refer the same to a Committee.
Every requisition made under sub ‑
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Ins. ibid., s. 11. Subsection (1A) ins. by the Indian Mines (Amdt.) Act, 1936 (11 of 1936), s. 2, as amended by the Indian Mines (Amdt.) Act, 1937 (29 of 1937), s. 2. Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Governor General in Council”. Subs. by A. O., 1937, for “Gazette of India”. The brackets and letter “(a) omitted by the Indian Mines (Amdt.) Act, 1940 (24 of 1940), s. 3. Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 11. The word "or" and clause (b) omitted by Act 24 of 1940,s.2. Provided that the Committee may, on the application of tine owner, agent or manager, suspend the operation of a requisition under sub ‑
Nothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898).
[(1) Whenever there occurs in or about a mine the owner, agent or manager of the mine shall give notice of the occurrence to such authorities, in such form and within such time as may be prescribed. (1A) Where a notice given under sub ‑
receipt of such notice or on Information received otherwise. (1B) When an accident causing loss of life occurs, the place of accident shall not be disturbed or tampered with for three clear days from the date of such accident unless the Inspector has earlier inspected it or given intimation that it is not proposed to make an inquiry: Provided that the place of accident may be disturbed if it is necessary for securing the safety of the mine or the persons employed therein, subject to the following conditions : Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 12, for subsection (1) which was previously amended by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 4. [(2) The [appropriate Government] may, by notification in the [Official Gazette] direct that accidents other than those specified in subsection (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty ‑ eight hours, shall be entered in a register in the prescribed form shall be subject to the provisions of sub ‑
A copy of the entries in the register referred to in the sub ‑
[20A. Notice of occupational diseases.—(1) Where any person employed in a mine contracts or is believed to have contracted any disease notified by the appropriate Government in the official Gazette as an occupational disease peculiar to any mining operation, the owner, agent or manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities, in such form and within such time as may be prescribed.
The appropriate Government may, by order, appoint such qualified medical practitioners on such terms and conditions as it thinks fit to be certifying doctors for the purpose of this section within such local limits as it may specify in the order.
If the Chief Inspector or an Inspector has reason to believe that any person working in a mine has contracted a disease notified under sub ‑
If any qualified medical practitioner attends on a person who is or has been employed in a mine and who is or is believed by the medical practitioner to be suffering from any disease notified under sub ‑
Chief Inspector stating Sub ‑ sections (2) and (3) were added, by Act 5 of 1935, s. 4. Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. Subs. by A. O., 1937, for “local official Gazette”. New section 20A ins. by the Mines (Amdt.) Act, 1973 (45 of fd1973), s. 13.
Where the report under sub ‑
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The Chief Inspector or an Inspector, if so advised by the certifying doctor, may direct the owner, agent or manager of the mine to shift for any specified period a person who has contracted an occupational disease to such working place where there is less or no danger of aggravation of the disease.]
[appropriate Government], if it is of opinion that a formal inquiry into the causes of, and circumstances attending, the accident ought to be held, may appoint a competent person to hold such inquiry, and may also appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.
The person appointed to hold any such inquiry shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (XLV of 1860).
A person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry.
The person holding an inquiry under this section shall make a report to the [appropriate Government] stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make.
[appropriate Government] may cause any report submitted by a committee under section 11 [and shall cause every report submitted] by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit. Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “ Local Government”. Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 5, for “or”
Hours and Limitation of Employment [22A. Weekly day of rest. No person shall be allowed to work in a mine on more than six days in any one week. 22B. Hours of work above ground. ‑
A person employed above ground in a mine shall not be allowed to work for more than [forty eight] hours in any week or for more than [eight] hours in any day.
The periods of work of any such person shall be so arranged that, along with his intervals for rest, they shall not in any day spread over more than [ten and a half] hours, and that be shall not work for more than [five] hours before he bas bad an interval for rest of at least [half an] hour.
Persons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment : Provided that for the purposes of this sub ‑
[eight] hours in any day.
Work of the same kind shall not be carried on below ground is any mine for a period spreading over than [eight] hours in any day except by a system of relays so arranged that the periods of work for each relays are not spread over more than [eight] hours.
No person employed in a mine shall be allowed to be in any part of the mine below ground except during the periods of work shown in respect of him in the register kept under sub ‑
‑ four hours beginning at the end of the period of work fixed for the relay, and hours be has worked after midnight shall be counted towards the previous day. Sections 22A to 22D were ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 6. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 14, for “fifth four”. Subs. ibid., for “ten”. Subs. ibid., for “twelve”. Subs. ibid., for “six”. Subs. ibid., for “one”. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 15. for “nine”. Subs. by the Indian Mines (Amendment) Act. 1935 (5 of 1935). s. 7 for the original section. [relay]. [The notice shall also state the time of the commencement and of the end of the intervals for rest fixed for persons employed above ground] A copy of each such notice shall be sent to the Chief Inspector, if he so requires.
In the case of a mine at which mining operations commence after the 14th day of April, 1930. the notice referred to in sub ‑
Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any [relay or in the rest intervals fixed for persons employed above ground] an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change * * *.] [(4) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub ‑
No woman shall be allowed to work in a mine above ground between the hours of 7 P.M. and 6 A. M.
The provisions of this section shall not apply to women who do not perform manual work and are ‑
This section was ins. by the Indian Mines (Amdt.) Act, 1928 (13 of 1928), s. 3.
Subs. by Act, 5 of 1935, s. 9 for “shifts”. Subs. ibid. for “shift”. Ins. ibid. Subs. by the Indian Mines (Amendment) Act, 1935 (5 of 1935), s. 9 for “shifts” The comma and the words “, if he so requires or if the original notice was sent to him” omitted, ibid. Subsection (4) ins, ibid. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 16, for section 23C, which was previously amended by the Mines (Amdt.) Act, 1951 (29 of 1951), s. 2. Subs. by Act 29 of 1951, s. 3., for the original s. 24, as amended by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 10.
[(1)] In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of [section 22A. section 22B, section 22C, section 23 or sub ‑ section.(4) of section 23B] on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such occasion arises, a record of the fact shall immediately be made by the manager and shall be placed before the Chief Inspector or the Inspector at his next inspection of the mine. [(2) When as a result of grant of an exemption to any mine from the provisions of section 22A, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of rest of which he has been deprived.
In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, fine limit of hours of work provided in section 22B or section 22C may, with the prior approval of the Chief Inspector, be raised to not more than fifty ‑ six hours in any week or ten hours in any day.
In exceptional cases of pressure of work, the Chief Inspector may grant temporary exemption to a mine from the provisions of section 22A, section 22B or section 22C for a period not exceeding ninety days in any calendar year, within the maximum limits of
Subject to the maximum limits specified in sub ‑
which must necessarily be carried on outside the mines or on work which is essentially intermittent]. ‑ night hours in any week, whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him. Re numbered as subsection (I) of that section by Act 45 of 1973, s. 17. Subs. by Act 5 of 1935, s. 11, for “section 23 or section 23A”. Added by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 17. Ins. ibid., s. 18. Explanation. In this sub ‑
employment, but does not include ‑ accommodation, supply of light, water, medical attendance or other amenity ;
Where any person employed in a mine is paid on a piece ‑ rate basis the appropriate Government, in consultation with the employer concerned and the representatives of the persons employed in the mine may, for the purposes of this section fix time rates as nearly as possible equivalent to the average rate of earnings of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rates of wages of such persons.
The appropriate Government may prescribe the registers that shall be maintained in a mine for the purpose of securing compliance with the provisions of this section.]
[employed to any part of a mine], unless: Provided that nothing in this section shall apply to any such person while employed or permitted to work in any mine as an apprentice or for the purpose of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed[:]
Subs. by the Mines (Amdt.) Act, 1967 (7 of 1967), s. 2, for “allowed to be present in any part of a mine which is below ground”.
Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 19, for the fullstop. [Provided further that such person while so employed or permitted to work, shall be granted a rest period of at least thirteen consecutive hours between two working periods.]
[or has not completed his seventeenth year] the question shall, in the absence of a certificate as to the age of such person granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner.
Every certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practitioner on a reference under sub ‑
[name, date of birth and the nature] of his employment,
The entries in the register prescribed by sub ‑
No person shall be employed in a mine until the particulars required by sub ‑
For every mine which the [appropriate Government] may, by general or special order, declare this sub ‑
mine. ] Proviso added ibid. Ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 13. Subs. ibid., s. 14, for the original section 28. Subs. by the Mines (Amdt.) Act, 1951 (29 of 1951), s. 5, for “the nature”. 5Subs. by A. O., 1964, Art. 2 and Sch., for “Central Government”, which had been subs. by A. O., 1937, for “Local Government”. Provided that a period of leave shall be inclusive of any holiday which may occur during such period.
If a person employed in a mine does not, in any such period of twelve months, take the leave to which he is entitled under subsection (1), either in whole or in part, such leave not taken by him shall be added to the leave to be allowed to him under that subsection in the succeeding period of twelve months : Provided that such person shall cease to earn leave under this section when the leave due to him amounts to twenty days: Provided further that any leave applied for by a person but refused by the owner, agent or manager of the mine for any reason shall be added to the credit of such person beyond the aforesaid limit.
If a person entitled to leave under subsection (1) is discharged before he has been allowed the leave or, if having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under section 28E in respect of the leave.
For the purpose of this section, a person shall be deemed to have completed a period of continuous service in a mine notwithstanding any interruption in service during that period due to New Chapter VIA ins by the Mines (Amdt.) Act, 1973 (45 of 1973),s.20.
‑
[appropriate Government] may, by notification in the [official Gazette], make regulations consistent with this Act for all or any of the following purposes, namely: Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937 for "Governor General in Council". Subs. by A. O., 1937, for “Gazette of India”. Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 21. [and regulating] the ventilation of mines and the action to be taken, in respect of dust [ionising radiations, radioactive gases and dust, fire and inflammable] and noxaious gases ; Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 21. Cl. (kk) ins. by the Indian Mines (Amdt.) Act, 1940, (24 of 1940), s. 4. Ins. by the Indian Mines (Amdt.) Act, 1936 (11 of 1936), s. 3. Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s.21. [plant, equipment and material in mines]; ‑
‑
of that section; ] Subs. by Act 45 of 1973, s. 21, for “and plant and of all electrical apparatus used for signaling purposes.” Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 21. Subs. ibid., s. 21, for clause (o). Subs. by the Indian Mines (Amdt.) Act, 1936 (11 of 1936), s. 3, for the original clause (p). [appropriate Government] may, by general or special order, specify in this behalf.
[appropriate Government] may, * * * by notification in the [official Gazette], make rules consistent with this Act for all or any of the following purposes, namely: ‑
‑ heads of bathing places equipped with shower baths and of locker ‑ rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the number of men and women ordinarily employed in a mine, the number and standards of such places and rooms ;] Subs. by A.O., 1964, Art. 2 and Sch., for "Central Government" which had been subs. by A.O., 1937, for "Local Government". The words “subject to the control of the Governor General in Council” omitted by A.O., 1937. Subs. ibid., for “local official Gazette”. For the Consolidated Mines Rules, 1952, see Gaz. of P., 1952, Pt. I, pp. 175180. Cl. (aa) ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 15. Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 22. Cl. (bb) ins. by the Mines (Amdt.) Ordinance, 1945 (17 of 1945), s. 2. Cl. (bbb) ins. by the Indian Mines (Amdt.) Act, 1946 (2 of 1946), s . 2. [the standard of first ‑ aid rooms and shelters, the equipment and furniture therein and the nature and extent of supervision to be provided therefore,] the supply and maintenance of medical appliances and comforts, * * *, and the training of men in ambulance work ; [to have completed their fifteenth year], and for prescribing the manner and the circumstances in which such certificates may be granted and revoked ; [registers] required by section 28; ‑ rated basis and for requiring the maintenance of payment registers for overtime work and prescribing the form thereof ; Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 22. The words “the formation and training of rescue brigades” omitted by the Indian Mines (Amendment) Act, 1936 (11 of 1936), s. 4. Cl. (cc) ins. by the Indian Mines (Amdt.) Act, 1928 (13 of 1928), s. 6. Ins. by the Mines (Amdt.) Act, 1951 (29 of 1951),s. 6. Subs. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 15, for “to be more than thirteen years of age”. Cl. (ee) ins. ibid. Subs. ibid., for “register”. Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 22. [and of the regulations and rules] and the vernacular in which the abstracts and * * * bye ‑ laws shall be posted as required by sections 32 and 33 ; [Government] or any local authority or railway company as defined in the Railways Act, 1890 (IX of 1890) ; [30A. Power of appropriate Government to require rescue stations to be established. The [appropriate Government] may, by notification in the [official Gazette], make [rules] under this section ‑ Ins. by the Repealing and Amending Act, 1925 (37 of 1925), s. 2 and Sch. I. The words “the regulations, rules and” omitted, ibid. Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937 for “Governor General in Council”. Subs. by A.O., 1937, for “Gazette of India”. Subs. by the Indian Mines (Amdt.) Act, 1937 (29 of 1937), s. 4, for “regulations”. Subs. ibid., for the original clauses (a), (b), (c) and (d). [three paisa] per ton), on coke and coal produced in and despatched from mines specified under clause (a) in any group or included under clause (a) in any specified area, the utilisation of the proceeds thereof for the creation of a central rescue station fund for such group or area and the administration of such funds;
[30 and 30A] is subject to the condition of the regulations and rules being made after previous publication.
The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information.
Before the draft of any regulation * * is published under this section it shall be referred * * * to every Mining Board constituted in [Pakistan], [which is, in the opinion of the [appropriate Government], concerned with the subject dealt with by the regulation] * *; and the regulation * * shall not be so published until each such Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions. [(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted [in the part of [Pakistan] affected by the rule], and unless each Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.]
Regulations and rules shall be published in the [official Gazette] * * *, and, on such publication, shall have effect as if enacted in this Act. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 23, for “six pies” Subs. by the Indian Mines (Amdt.) Act, 1937 (29 of 1937), s. 5, for “and 30”. The words “or rule” omitted by the Indian Mines (Amdt.) Act, 1928 (13 of 1928), s. 7. The words “in the case of a regulation” omitted, ibid. Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, for “British India”. Ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 16. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”. The words “and in the case of a rule to every Mining Board constituted in the province” omitted by Act 13 of 1928, s. 7. Subsection (3A) ins., ibid. Subs. by A.O., 1937, for “in the province for which it is proposed to make the rule”. Subs. by A.O., 1937, for “Gazette of India”. The words “and the local official Gazette, respectively” were omitted, ibid. [(5) The provisions of sub ‑ sections (1), (2) and (3A) shall not apply to the first occasion on which rules referred to in clause (bb) [or clause (bbb) of section 30 are made.] [31A. Power to make regulations without previous publication. Notwithstanding anything contained in sub ‑ sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be made without previous publication and without previous reference to Mining Boards, if the [appropriate Government] is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference: Provided that any regulations so made shall not remain in force for more than two years from the making thereof.]
‑ ‑
The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye ‑ laws, not being inconsistent with this Act or any regulations or rules for the time being in force, for the control and guidance of the persons acting in the management of, or employed in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.
If any such owner, agent or manager ‑ ‑ laws after being called upon to do so by the Chief Inspector or Inspector, or ‑ laws which is not in the opinion of the Chief Inspector or Inspector sufficient, the Chief Inspector or Inspector may ‑ laws as appear to him to be sufficient, or and shall send such draft bye ‑ laws or draft amendments to the owner, agent or manager, as the case may be, for consideration. Added by the Mines (Amdt.) Ordinance, 1945 (17 of 1945), s. 3, as amended by the Indian Mines (Amdt.) Act, 1946 (2 of 1946), s. 3. Ins. by Act 2 of 1946, s. 3.
Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”.
If within a period of two months from the date on which any draft bye ‑ laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, agent or manager under the provisions of sub ‑
‑ laws to be made under sub ‑
‑ laws for settlement to the Mining Board or, where there is no Mining Board, to such officer or authority as the [appropriate Government] may, be general or special order, appoint in this behalf.
(a) When such draft bye ‑ laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye ‑ laws shall be sent by the Chief Inspector or Inspector to the [appropriate Government] for approval. [appropriate Government] may make such modifications of the draft bye ‑ laws as it thinks fit. [appropriate Government] approves the draft byelaws, whether with or without modifications, there shall be published, in such manner as the [appropriate Government] may think best adapted for informing the persons affected, notice of the proposal to make the bye ‑ laws and of the place where copies of the draft bye ‑ laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft bye ‑ laws, made by or on behalf of persons affected should be sent to the [appropriate Government]. ‑ (i) the specific grounds of objection, and (ii) the omissions, additions and modifications asked for, [appropriate Government] shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye ‑ laws either in the form in which they were published or after making such amendments thereto as it thinks fit.
The bye ‑ laws, when so approved by the [appropriate Government], shall have effect as if enacted in this Act, and the owner, agent or the manager of the mine shall cause a copy of the bye ‑ laws, in English and in such vernacular or vernaculars as may be prescribed, to be posted up in some conspicuous place at or near the mine, where the bye ‑ laws may be conveniently read or seen by the persons employed; and, as often as the same became defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch.
The [appropriate Government] may, by order in writing, rescind, in whole or in part, any bye ‑ law so made, and thereupon such bye ‑ law shall cease to have effect accordingly. Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
‑
Whoever obstructs the Chief Inspector, an Inspector or any Person authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, an Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to [one thousand] rupees, or with both.
Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent, any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this Act, shall be punishable with fine which may extend to [six] hundred rupees.
shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to [one thousand] rupees, or with both. Subs. by the Mine s (Amdt.) Act, 1973 (45 of 1973), s. 24, for “Five hundred”. Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 24, for “three”. 3Subs. ibid., s. 25, for “five hundred”.
[four] hundred rupees.
‑ law or any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with fine which may extend to [one thousand] rupees.
[(1)] Whoever, in contravention of the provision [of sub ‑
[one thousand] rupees or, if the occurrence results in loss of life, be punishable with imprisonment which may extend to three months or with fine which may extend to [one thousand] rupees, or will both. [(2) Whoever in contravention of a direction made by the [appropriate Government] under sub ‑
[one thousand] rupees.]
‑ law or of any order made thereunder for the contravention of which no penalty is hereinbefore provided shall be punishable with fine which may extend to [two] thousand rupees, and, in the case of a continuing contravention, with a further fine which may extend to [two] hundred rupees for every day on which the offender is proved to have persisted in the contravention after the date of the first conviction.
‑
‑ law or of any order made thereunder, shall be punishable, if such contravention results in loss of life, with imprisonment which may extend to one year, or with fine which may extend to [four] thousand rupees, or with both; or, if such contravention results in serious bodily injury, with imprisonment which may extend to six months, or with fine which may extend to [two] thousand rupees, or with both; or, if such contravention otherwise causes injury, or danger to workers or other persons in or about the mine with imprisonment which may extend to one month, or with fine which may extend to [one thousand] rupees or with both. [1] Subs. ibid., s. 26, for “two”. 2 Subs. ibid., s. 27, for “five hundred”. 3 Original section 38 renumbered as subsection (1) by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 17. 4 Ins. ibid. 5 Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 28, for “five hundred”. 6 Subsection (2) added, by Act 5 of 1935, s. 17. 7 Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”. 8 Subs. by Act 45 of 1973, s. 29, for “one”. 9 Subs. ibid., for “two thousand”. 10 Subs. ibid., s. 30, for “one thousand”. 11 Subs. ibid., for “five hundred”.
Where a person having been convicted under this section is again convicted thereunder, be shall be punishable with double the punishment provided by subsection (1).
Any Court imposing, confirming in appeal, revision or otherwise, a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured, or, in the case of his death, to his legal representative Provided that, if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal bas been presented, before the decision of the appeal. ‑ Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass a sentence of fine exceeding one thousand rupees authorised by this Act on any person convicted of an offence thereunder.]
‑ No prosecution shall be instituted against any owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the District Magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector. ‑ No court shall take cognizance of any offence under this Act unless complaint thereof has been made ‑
* * * Magistrate of the first class shall try any offence under this Act which is alleged to have been committed by any owner, agent or manager of a mine or any offence which is by this Act made punishable with imprisonment.
[appropriate Government] with a view to such reference being made. 1 Ins. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 31. 2 Subs. ibid., s. 32, for the original section 42. The words “Presidency Magistrate or” omitted by A.O., 1949. Subs. by A.O., 1964., Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Local Government”.
On receipt of a report under sub ‑
[appropriate Government] may refer the case to a Mining Board or a Committee, or may direct the Court to proceed with the trial.
‑ If any question arises as to whether any excavation or working is a mine within the meaning of this Act, the [appropriate Government] may decide the question, and a certificate signed by a Secretary to the [appropriate Government] shall be conclusive on the point.
[appropriate Government] may, by notification in the [Official Gazette], exempt [either absolutely or subject to any specified conditions] any local area or any mine or group or class of mines or any part of a mine or any class of persons from the operation of all or any specified provisions of this Act: Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 26 unless it is also exempted from the operation of all the other provisions of this Act [:] [Provided further that no exemption from the operation of the provisions of section 23C shall be granted unless, in case of an emergency, the national interest so requires and the employers’ and workers’ organisation concerned have been consulted [:] [Provided further that no exemption from the operation of the provisions of section 22B or section 22C or section 25A shall be granted except in the event of war or other emergency threatening the national safety.] * * * * * * *
‑ The [appropriate Government] * * * may reverse or modify any order passed under this Act * * * .
‑ This Act shall apply to mines belonging to the [Government].
‑ No suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this Act.
THE SCHEDULE. [ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule. [1] Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Government General in Council”. 2 For Notifin. Exempting the Attock Oil Co. Ltd., from the provisions of subsection (2) of section 22B of this Act, see Gaz. of P., 1953, Pt. I, p. 122. Subs. by A.O., 1937, for “Gazette of India”. 3 Ins. by the Indian Mines (Amdt.) Act, 1935 (5 of 1935), s. 18. 4 Subs. by the Mines (Amdt.) Act, 1967 (7 of 1967), s. 3, for fullstop. 5 Proviso added ibid. 6 Subs. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 33, for fullstop. 7 Proviso added. by the Mines (Amdt.) Act, 1973 (45 of 1973), s. 33. 8 Subsection (2) omitted by A.O., 1937. 9 Subs. by A.O., 1964 Art, 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “Governor General in Council”. 10The words “and every Local Government” omitted, by A.O., 1937. 11The words “by any authority subject to his or its control, as the case may be” omitted, ibid. 12Subs. by A.O., 1961, Art, 2., for “Crown” (with effect from 23rd March, 1956).