![MINISTRY OF LABOUR
THE MINES RULES, 1955
1
SRO. 1421 dated 2nd
July, 1955 – In exercise of the powers conferred by Section 58 of the Mines Act,
1952 (35 of 1952), the Central Government hereby makes the following rules the same having been
previously published as required by sub-section (1) of Section 59 of the Act, namely:
CHAPTER - I
PRELIMINARY
1. Short title and applications :- (1) These rules may be called the Mines Rules, 1955.
(2) Except as otherwise expressly provided, the rules shall apply to every mine of whatever
description to which the Act applies.
2. Definitions _ In these rules, unless there is anything repugnant in the subject or context -
a) “the Act” means the Mines Act, 1952 (35 of 1952):
b) “court of inquiry” means a court of inquiry appointed under section 24 of the Act;
c) “Form” means a form as given in the First Schedule;
d) “Section” means a section of the Act:
e) “Schedule” means a schedule appended to these rules;
f) “Manager” includes Mine Superintendent who is appointed by the owner or agent of a mine under
section 17 of the Act and as such, responsible for the control, management, supervision and direction of
a mine;
g) “Certifying surgeon” means a qualified medical practitioner ppointed to be a certifying surgeon under
section II;
2
[ * * * * * ]
1. Published in the Gazette of India, 1955, Part II, Section 3, Page 1172
2. Omitted by GSR 1886 dated 25.12.1965
1
[(h)]“Calendar year” means a year from the first day of January to the thirty-first day of December;
2
[(i)] “Officer in-charge Canteen” means the person (other than the manager) whom the owner or agent may
appoint for securing compliance with the provisions in respect of canteens.
3
[(j)] “Ordinary employed” with reference to any mine or part thereof, means the average number of
persons employed per day in the mine or part of mine during the preceding 4
[calendar year] (obtained
by dividing the number of man days worked by the number of working days excluding rest days and
other non-working days)
5
[(k)]
CHAPTER - II
6
[COMMITTEE]
6
[3. Term of office - The term of office of the members referred to in clause (c), (d) and (e) of sub section
(1) of section 12 of the Act, shall be three years from the date on which their appointment is notified in the
official Gazette:
Provided that a member shall notwithstanding the expiry of a period of three years, continue to
hold office until the appointment of his successor is notified in the Official Gazette;
Provided further that a member appointed to fill a casual vacancy shall hold office for the
remaining period of the term of office of the member in whose place he is appointed and shall continue to
hold office on the expiry of the term of office until the appointment of his successor is notified in the
Official Gazette.”]](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-34-320.jpg)
![7
[4. Secretary of the Commi ttee - An Inspector of Mines nominated in this behalf by the Chief Inspector
shall act as the Secretary to the Committee.]
7
[5. Remuneration - Members of the Committee shall receive such honorarium as the Central Government
may fix.]
1. Relettered, ibid
2. Inserted by GSR 316 dated 26.4.1986
3. Renumbered by GSR 316 dated 26.4.1986
4. Substituted by GSR 1786 dated 30.9.1970
5. Omitted, ibid. 6. Substituted by GSR 316 dated 26.4.1986
7. substituted by GSR 316, dated 26.4.1986.
1
[6.* * * * *]
7. Resignation.- (1) A member other than the Chairman may resign the office by writing under his hand
addressed to the Chairman .
(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation referred to in sub. rule(1) or sub-rule (2) above shall take effect from the date of its
acceptance 2
[or on the expiry of thirty days from the date of receipt of such resignation whichever is
earlier] by the Chairman of the Central Government as the case may be.
8. Absence from India - (1) Before a member leaves India (a) he shall intimate to the Chairman the date
of his departure from and the date of his expected return to India; and
(b) if he intends to be absent from India for a period longer than six months, he shall tender his
registration.
(2) If any member leaves India without taking the action required by sub -rule (1) he shall be deemed to
have resigned with effect from the date of his departure from India.
9. Notification of Vacancies - (1) The Chairman shall inform the Central Government as soon as a vacancy
occurs in the membership of the 4
[Committee] by the resignation or death of a member.
(2) In case such a vacancy occurs by the death of the Chairman, information shall be furnished to the
Central Government by the Chief Inspector or the Inspector 3
[appointed] to the Committee by the
Government, as the case may be.
1. Omitted, ibid
2. Inserted by SRO 2062 dated 14.6.1957
3. Substituted by GSR 1886, dated 25.12.1965
4. Substituted by GSR 316 dated 26.4.1986
10. Disposal of business - (1) All questions which the 1
[Committee] is required to consider shall be
considered either at its meetings or by circulation of papers as the Chairman may direct:
Provided that papers need not be circulated to any member who is absent from India at the time.
(2) When a question is referred by circulation of papers, any member may request that the question be
considered at a meeting of the 1
[Committee] and thereupon the Chairman may direct that it be so
considered:
Provided that if three or m
ore members make such a request, the Chairman shall direct that it be so
considered.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-35-320.jpg)
![11. Time and place of meetings - The 1
[Committee] shall meet at such places and time as may be
appointed by the Chairman .
12. Notice of meetings - (1) The Secretary to the 1
[Committee] shall give at least fourteen days’ notice to
every member of the 1
[Committee] present in India of the time and place fixed for each meeting and shall
send to every such member agenda of business to be disposed off at that meeting, not less than seven days
before the meeting :
Provided that when an emergent meeting is called, at least two days’ clear notice shall be given.
2
[1A * * * * * *]
3
[(2) Notices referred to in sub-rule(1) shall be delivered at or posted to, the usual place of residence of the
member.”]
4
[(3)] No business which is not on the agenda shall be considered at a meeting without the permission of the
Chairman.
1. Substituted by GSR 316 dated 26.4.1986
2. Omitted by GSR 316 dated 26.4.1986
3. Inserted, Ibid
4. Renumbered, ibid
13. Presiding at meeting- The Chairman shall preside at every meeting of the (meeting at which he is
present. If the Chairman is absent from any meeting, the members present shall elect one of them to preside
over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman .
14. Quorum – No business shall be transacted at a meeting of the 1
[Committee] unless at least four
members including are present;
Provided that at any meeting in which less than1
[four members including the Chairman] are present, the
Chairman may adjourn the meeting to a date not less than fourteen days later and inform the members
present and notify other members that he proposes to dispose off the business at the adjourned meeting
irrespective of the quorum, and it shall thereupon be lawful to dispose off the business at such adjourned
meeting irrespective of the number of members attending.
15. Decision by majority – (1) Every question referred to the 1
[Committee] by circulation of papers shall,
unless the Chairman , in pursuance of sub-rule(2) of rule 10 reserves it for consideration at a meeting, be
decided in accordance with the opinions of the majority sending their opinions within the time allowed .
(2)All questions referred to a meeting of the 1
[Committee] shall be decided by a majority of votes of the
members present and voting on that question.
(3) In the case of an equal division of votes or opinions, the Chairman shall exercise an additional vote or
opinion.
(4) Any member disagreeing with a decision of the 1
[Committee] may enter a note of dissent which shall
form part of the record of the proceedings.
16. Minutes of the meetings- (1) The Secretary of the 1
[Committee] shall circulate the proceedings of
each meeting to all members of the Committee present in India, and thereafter record the proceedings
in a minute book which shall be kept for permanent record.
1. Substituted by GSR 316, dated 26.4.1986
(2) The record of proceedings of each meeting shall be signed by the
Chairman.
17. Allowances to non-official members- Travelling and daily allowance to non-official members of the
1
[Committee] shall be regulated in accordance with the orders regarding allowances to non- official
members of 1
[Committee] Commissions and Boards of Enquiry issued by the Central Government
from time to time.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-36-320.jpg)
![18. Correspondence and accounts- The Secretary of the 1
[Committee] shall conduct all correspondence
of the Committee and keep its account.
19. Appearance at hearings – Any appearance required to be made by a party before the 1
[Committee] ,
except for purposes of being examined as a witness ,may be made either in person or by his agent duly
authorised in writing, or by a legal practitioner on his behalf.
20. Proceedings to be in camera- Unless the Chairman otherwise directs, the proceedings of the
1
[Committee] shall be conducted in camera and shall be regarded as confidential in nature.
CHAPTER – III
COURT OF INQUIRY
21. Court of inquiry to be public - The person appointed to hold inquiry under section 24 of the Act shall
hold the inquiry in public in such manner and under such conditions as the Court thinks most effectual for
ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Court to
make the report.
1. Substituted by GSR 316 dated 26.4.1986
22. Recovery of expenses – 1
[(1) If a court of inquiry finds, that the accident was due to any carelessness
or negligence on the part of the management, the court may direct the recovery of the expenses of such
court ,including any expenses incurred with the previous sanction of the court and any other expenses
connected with the enquiry which the court may direct as recoverable from the owner of the mine
concerned, in such manner and within such time as the court may specify.]
2[
(2) The amount directed to be recovered under sub rule(1) may, on application by the Chief Inspector
or an Inspector to the concerned authority, be recovered from the owner in the same manner as an arrears of
land revenue.]
CHAPTER - IV
CERTIFYING SURGEONS
23. Powers of Certifying Surgeon - A certifying Surgeon may within the local limits of his jurisdiction
or in respect of mines or class or description of mines assigned to him make such inspection,
examination or inquiry as he thinks fit for the purpose of the Act ,and it shall be the duty of owner,
agent or manager of the mine concerned to afford the Certifying Surgeon all reasonable facilities for
carrying out such inspections, examination or inquiry as the case may be.
24. Duties of Certifying Surgeon – 2
[(1) On receipt of a reference under sub section (1) of section 43 of
the Act, the certifying surgeon shall, after giving prior notice regarding date, time and place for medical
examination and upon examining the person sent for such examination, prepare the age and fitness
certificate and deliver the same to the manager of the mine concerned after retaining a copy thereof.]
1. Substituted by GSR 1886 dated 26.12.1965
2. Substituted by GSR 316 dated 26.4.1986](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-37-320.jpg)
![(2)The Certifying Surgeon shall, upon a request being made to him by the Chief Inspector of
Inspector, carry out such examination and furnish him with such report as he may indicate in
respect of any mine or class or description of mines in which operations involve any risk of injury
to the health of any person or class of persons employed therein.
1
[Rules 25 ,26,27 Omitted ]
28. Fresh examination - (1) If any person sent up for medical examination in pursuance 2
[* * *] of
section 43 2
[* * *] is not certified to be fit by the Certifying Surgeon, he shall not without the
permission in writing of an Inspector, be sent for another medical examination unless a period of six
months has elapsed from the time when he was last sent up for medical examination.
(2) Any certificate obtained in contravention of sub-rule (1) shall be void.
1
[Rule 29 – omitted]
3
[CHAPTER - IV-A
MEDICAL EXAMINATION OF PERSONS EMPLOYED OR TO BE EMPLOYED IN MINES
29A Applicability of this Chapter - Nothing in this Chapter shall apply to persons who are employed
purely on temporary or causal basis for a continuous period not exceeding six months.
29B. Initial and periodical medical examinations - After such date or dates as the Central Government
may by notification in the Official Gazette appoint in this behalf, the owner, agent or manager of every
mine shall make arrangements-
1. Omitted by GSR 316 dated 26.4.1986
2. Omitted by GSR 1886 dated 26.12.1965
3. Inserted by GSR 557(E) dated 16.11.1978
(a)(i) for the initial medical examination of every person employed in the mine, within a period of five
years of the date so notified and the said examination shall be so arranged over a period of five years that
one fifth of the persons employed at the mine undergo the examination every year;
Provided that in the case of a mine where a system of carrying out of such medical examination
(of a comparable standard as determined by the Chief Inspector) is already in existence before the date
aforesaid, a person who has undergone a medical examination under such a system on a date not earlier
than five years before the date aforesaid, shall be deemed to have undergone an initial medical examination
under this sub clause and the last date of his medical examination under the said system shall be taken to be
the date of his initial medical examination under these rules;
(ii) for the initial medical examination of every person seeking employment in a mine, unless such
person has already undergone within the preceding five years, a medical examination under
these rules while in employment at another mine; and
(b) for the periodical medical examination thereafter of every person employed in the mine at intervals of
not more than five years.
1
[Provided that for the persons who are engaged in the process of mining or milling of asbestos ,periodic
medical examination shall be done at least once in every twelve months and every such examination shall](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-38-320.jpg)
![include all the tests in Form “P” of the First Schedule except the X- Ray examination, which shall be
carried out once in every three years.
Provided further that the periodic medical examination or the X Ray examination or both , shall be
conducted at more frequent intervals if the examining authority deems it necessary to confirm a suspected
case of a dust related dis ease.]
1. Inserted by GSR 707(E) dated 21.7.1989
29C. Examining authorities - The medical examination aforesaid shall be carried out by a Medical Officer
appointed for the mine or a Medical Officer in the employment of the owner of the mine, if any, or by any
medical officer employed in the Coal Mines Welfare Fund Organisation or any other mines Welfare
organisation, failing which by any State or Central Government medical officer not below the rank of an
Assistant Civil Surgeon.
29D. Notice of medic al examination - (1) In respect of every medical examination under rule 29B, the
manager of the mine concerned shall give at least twenty days’ prior notice in writing to the person to be
examined, in Form M, provided that in case of the initial medical examination of a person seeking
employment at a mine, the period of notice may be shorter.
(2) A copy of every such notice issued shall be sent by the manager to the examining authority
and in the case of periodical medical examination of a person, the copies of the previous medical
certificate issued in Form O, pertaining to the persons concerned shall also be sent to the
examining authority by the manager.
(3) A person, who for any reasonable cause, fails to submit himself for a medical examination or
in accordance with the notice issued to him under sub-rule(i), shall be given a second notice of a
minimum period of ten days in Form N, by the manager and a copy of every such notice shall be
sent by the manager to the examining authority.
(4) The examining authority shall inform the manager whether the person concerned has
submitted himself for medical examination or not.
29E. Failure to undergo medical examination - A person who without reasonable cause, fails to submit
himself for medical examination in accordance with a notice issued to him under sub-rule(3) of rule 29D,
shall be liable to be discharged from service;
Provided that a person who tenders himself so liable to be discharged for failure to submit himself
for medical examination shall be required to show cause why he could not comply with the notice within
the time specified therein. If his explanation is found satisfactory by the management; he shall be given
another chance to appear for medical examination.In case his explanation is not found satisfactory by the
management, his service shall be terminated by the management :
Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for
his decision within 60 days of the order communicated by the owner, agent or manager of the mine to the
said person.
29 E . Failure to undergo medical examination .- A person who without reasonable cause ,fails to submit
himself for medical examination in accordance with a notice issued to him under sub-rule (3) of rule 29D,
shall be liable to be discharged from service;
Provided that a person who renders himself so liable to be discharged for failure to submit himself for
medical examination shall be required to show cause why he could not comply with the notice within the
time specified therein. If his explanation is found satisfactory by the management ;he shall be given another](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-39-320.jpg)
![chance to appear for medical examination . In case his explanation is not found satisfactory by the
management, his service shall be terminated by the management;
Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for his
decision within 60 days of the order communicated by the owner ,agent or manager of the mine to the said
person.
29F. Standard and report of medical examination -(1) The examining authority holding initial medical
examination under sub clause(i) of clause (a), or periodical medical examination under clause (b) of rule
29B shall examine a person according to the standard laid down in Form P and the initial medical
examination under sub clause (ii) of clause (a) of rule 29B of all persons seeking employment in a mine
shall be according to the standard laid down in Form P-I.
(2) As soon as may be, after examination, a copy of the medical certificate in Form O, shall be
issued by the examining authority to the person concerned by Registered post or delivered under
receipt and another copy sent to the manager of the mine concerned by Registered post or
delivered under receipt.
(3) The examining authority shall retain the third copy of the medical certificate.
(4) In the case of periodical medical examination of person, the examining authority shall also
send the copy of previous medical certificates of the person concerned received in pursuance of
sub-rule(1) of rule 29D, to the manager of the mine concerned.
29G Retention and transfer of medical certificates – (1) All medical certificates 1
[including all medical
examination records with medical history and job details to depict the occupational dust exposure profile]
of persons employed or to be employed in a mine shall be retained in the possession of the manager of the
mine so long as the person is employed in the mine and for a period of 2
[ten] years thereafter:
Provided that the manager of a mine where such person is or was employed shall, if so requested by the
manager of any other mine where the person is to be employed, send to him all medical certificates with
respect to such person.
(2) If the examining authority who conducts medical examination of persons employed or to be
employed in any mine is relieved of his duties regarding medical examination, the medical
practitioner shall transfer all records of medical examination in his possession to the manager of
the mine concerned.
29H. Identity of candidates - (1) Every candidate for medical examination under clause (a) of rule
29B shall, at the time of examination, hand over three unmounted photographs (passport size) of himself to
the examining authority. The examining authority, after satisfying itself that each photograph is a likeness
of the candidate, shall endorse each of them with the name and father’s name or husband’s name of the
candidate.
(2) The examining authority, shall also record the left hand thumb impression or the signature of
every candidate appearing before it for medical examination on the copies of the medical
certificate in Form O.
1. Inserted by GSR 707(E) dated 21.7.89
2. Inserted by ibid
29 I. Medical Examination of women - No women shall, without her consent, be medically examined by a
male medical practitioner except in the presence of another women.
29J. Appeal for re-examination - (1) Where as a result of an initial medical examination under clause (a),
or of periodical medical examination under clause (b) of rule 29B, a person has been declared unfit for
employment in mines or in particular category of mines or in any specified operations in mine , he may,
within thirty days of the receipt by him of a copy of the Certificate referred to in sub-rule(2) of rule 29F,](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-40-320.jpg)
![Workmen’s Inspector making the entry in the register aforesaid shall duly sign such entries with date
and take a copy of the entries for his record.
29S. Action on the report of Workmen’s Inspector -
(1) The owner, agent or manager of the mine shall enter in the register mentioned in sub-rule (2) of rule
29R, within a period of 15 days from the date of entry in the register, remarks thereon showing the
remedial measures taken and the date on which such action was taken.
(2) In case of any difference of opinion between the Workmen’s Inspector and the owner, agent or
manager, a copy of the report with remarks thereon regarding such difference of opinion shall be sent by
the owner, agent or manager to the Chief Inspector or an Inspector for decision.
29T Safety Committee - For every mine wherein more than 100 persons are ordinarily employed, the
owner, agent or manager shall constitute a Safety Committee for promoting Safety in the mine;
Provided that the Chief Inspector or an Inspector may by a general or special order in writing
require the owner, agent or manager of any group of specified mines or of all mines in a specified area to
constitute a group Safety Committee in such manner and subject to such conditions as he may specify in the
order.
29U Composition of Safety Committee _ The Safety Committee shall consist of :-
(a) the manager who shall be the Chairman ;
(b) five officials or competent persons of the mine nominated by the Chairman ;
(c) five workmen nominated by the workmen of the mine in accordance with the procedure prescribed in
clause (a) of sub-rule(1) of rule 29Q for nomination of Workmen’s Inspector;
(d) Workmen’s Inspector where so designated; and
(e) the Safety Officer, or where there is no Safety Officer, the senior most mine official next to the
manager, who shall act as Secretary to the Committee;
Provided that any other official, competent person or work person may be co-opted by the Chairman as a
member of the Committee on any day or days of the meeting, if considered necessary.
29V. Functions of Safety Committee - The functions of the Committee shall be-
(1) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in
the reports of Workmen’s Inspector or otherwise brought to the notice of the Committee and make
appropriate recommendations;
(2) to consider, before commencement of operations in any new district of mine or commissioning of new
electrical or m
echanical installation or introduction of new mining technique, the proposed Safety and
health measures including related codes of practice and to make appropriate recommendations;
(3) to discuss the report of inquiry into accident and make appropriate recommendations;
(4) to formulate and implement appropriate Safety campaign based on analysis of accidents;
(5) to meet at least once in 30 days to consider the matter placed before it and any other matter that may be
raised by the members and make such recommendations as it may deem fit; and
(6) to serve as a forum for communication on Safety and occupational health matters.
29W Implementation of recommendations of the Safety Committee - The owner, agent or manager
shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee,
shall indicate to the Secretary to the Safety Committee, the action taken to implement the
recommendations.]](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-44-320.jpg)
![CHAPTER -V
HEALTH AND SANITATION PROVISIONS
30. Quantity of drinking water - (1) The quantity of drinking water to be provided in a mine or any part
thereof shall be on a scale of at least two litres for every person employed at any one time and such
drinking water shall be readily available at conveniently accessible points during the whole of the working
shift.
(2) Where 100 persons or more are employed, either above ground or in opencast workings, at any one
time, an Inspector may by order in writing require the drinking water to be effectively cooled by
mechanical or other means available.
(3) No charge shall be made for the drinking water so supplied.
31. Storage of drinking water – 1
[(1) If drinking water is not provided from taps connected with constant
water- supply system, it shall be kept cool in suitable vessels sheltered from whether and such vessels
shall be emptied, cleaned and refilled very day. Steps shall be taken to preserve the water, the storage
vessels and the vessels used for drinking water in a clean and hygienic condition.]
(2) If the source of drinking water is not from a public water supply system, an Inspector may by order in
writing require the owner, agent or manager of the mine to submit with the least possible delay a
certificate from a competent health authority or analyst as to the fitness of the water for human
consumption.
32. Decision of Chief Inspector final - If any question arises as to whether water supply arrangements are
satisfactory and in accordance with the requirements of section 19 and rules 30 and 31, the decision of
the Chief Inspector shall be final.
1. Substituted by GSR 1786 dated 30.9.1970
33. Surface latrines and urinals. - (1) On the surface at every mine, adequate latrine and urinal
accommodation shall be provided at conveniently accessible places separately for the use of males and
females employed in the min e.
(2) The scale of latrine accommodation shall be at least one seat for every 50 males and at least one seat
for every 50 females employed at one time;
Provided that where sanitary latrines are maintained in bathing places, the number of latrines to be
provided under this rule may include such sanitary latrines.
Note – In calculating latrine accommodation, any fraction less than 50 shall be reckoned as 50.
34. Standards of constructions .- Every latrine on the surface provided for the use of persons employed in
a mine shall conform to the following standards of construction :
a) It shall be on a site approved of in writing by an Inspector ,
b) It shall be built of brick or other suitable building material ,
c) It shall be adequately drained and properly ventilated and afforded effective protection from the
weather,
d) It shall be of a type approved of in writing by a Inspector ,
e) the floor and any interior surface of walls up to a height of 1
[1.25 metres] shall be cement punned or
otherwise so finished as to provide a smooth impervious surface ,](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-45-320.jpg)
![1
[40. Arrangements for training persons in first-aid etc.-(1) It shall be the duty of the owner, agent or
manager of a mine to see that adequate and suitable arrangements are made for the training of persons in
first-aid and the provision of such equipment as is prescribed in these rules.
(2) (a) It shall be the duty of the owner, agent or manager to see that adequate and suitable arrangements
are made for the speedy removal from the mine to a dispensary or hospital ,of persons employed in the
mine who while on duty suffers from serious bodily injury or illness of a serious nature.
(b) Unless otherwise approved by an order in writing of the Chief Inspector or an Inspector and subject to
such conditions as may be specified therein, the arrangements for the purpose of clause(a) shall be by
means of a proper ambulance van, and in case such ambulance van is not readily available in spite of
proper and timely requisition, it may be by other suitable motor vehicle in which the person can be
taken in a supine condition on a stretcher.)
1. Substituted by GSR 1786 dated 30.9.1970
41. First-aid qualifications - No person other than qualified nurse, dresser, compounder-cum-dresser or
medical practitioner shall be appointed to render first-aid ,or to be in charge of a first-aid station referred to
in rule 44,unless he is the holder of a valid first-aid certificate of the standard of St. John’s Ambulance
Association (India).
1
[42. First aid personnel - (1) The owner, agent or manager of a mine shall see that every first-aid station
provided under rule 44 is placed, during every working shift ,in charge of a person holding qualifications
specified in rule 41. The persons in charge of a first aid station in any shift should be readily available
throughout the shift.
(2) The name and designation of every person appointed to be in charge of a first -aid station shall be
prominently ,displayed at every first-aid station.
(3) An up-to-date list of persons appointed to be in charge of first-aid stations in the mine shall be kept in
the office of the mine and also displayed prominently at the first-aid room.]
43. 2
[First-aid] rooms (1) At every mine employing more than 150 persons on any one day of the
preceding calendar year, there shall be provided and maintained in good order a suitable first-aid room.
3
[(2) The first-aid room shall be situated at a convenient place on the surface of the mine and shall be
used only for first-aid work.]
(3) The 4
[first-aid] room shall have a floor space of not less than 10 square metres and shall contain at least
the equipment specified in the Second Schedule
5
[(4)(a) The first-aid room shall be in charge of a qualified medical practitioner, where the number of
persons ordinarily employed in a mine is more than 1000, such medical practitioner shall be a whole time
employee at the mine.
1. Substituted by GSR 1886 dated 26.12.1965.
2. Substituted by GSR 239 dt. 3.2.1965
3. Inserted, ibid.
4. Substituted by GSR 31 dt. 29.12.1960.
5. Substituted by GSR 1786 dt. 30.9.1970
(b) The medical practitioner referred to in clause (a) shall be assisted by a nurse and a dresser or a
compounder and a dresser who are qualified in the Allopathic system of medicine. Whenever the Chief
Inspector feels it necessary, he may require by an order in writing that such number of additional nurse
or compounders or dressers shall be appointed to assist the medical practitioner as may be specified by
him.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-47-320.jpg)
![(c) The nurse, compounder or dresser referred to in clause (b) shall be whole time employee of the
mine and shall be readily available at the first-aid room throughout the period when persons work at the
mine :
Provided that wherein conformity with any other law inforce, or otherwise an adequately equipped
hospital or dispensary belonging to the owner of the mine or to any Mines Welfare Organisation is provided
and maintained at or in the immediate vicinity of the mine, the Chief Inspector or an Inspector authorised
by him in this behalf may grant exemption from the provision of this sub-rule subject to such conditions as
he may specify in writing.
(5) Every person who suffers an injury during the course of work shall report for examination or treatment
at the first aid room, hospital or dispensary, as the case may be, before leaving the mine, irrespective of
first-aid having been rendered at or near the place of work.
1
[44. First aid stations.-(1) At every mine there shall be provided and maintained first-aid equipment as
prescribed in the Third Schedule, at conveniently accessible stations where injured persons may receive
first-aid treatment, as follows :
(a) above ground, a first- aid station –
(i) at the top of every shaft or incline where men or material are normally wound or hauled;
(ii) in every workshop;
1. Substituted by GSR 1886 dated 25.12.1965
(iii) at every screening plant and loading place; and
(iv) at every other place where more than 50 persons are
employed at any one time.
(b) In every opencast working, one first-aid station for every 50 persons or part thereof, employed at any
one time; and
(c) below ground, one first-aid station -
i) at the bottom of every shaft where men or material are normally wound, and at or near every
plant;
ii) near the drive end of every haulage;
iii) in or at the entrance to every district or section of the mine;
Provided that nothing in this sub-rule shall be construed to require the provision of a first-
aid station within 300 metres of another first-aid station.
(2) It shall be the duty of the persons appointed to be in charge of a first-aid station under rule 42, to see
that the equipment provided at the station is kept in good order and that it is replenished whenever
necessary.
(3) An up-to-date list of all first-aid stations provided in the mine shall be kept in the office of the mine
and also displayed prominently at the first-aid room.]
1
[45. Carrying of first-aid outfit by officials._ Not with standing anything contained in rule 42, every
Overman, foreman, sirdar, mate, shot-firer, blaster, electrician and mechanic in a mine shall hold the first-
aid qualifications specified in rule 41 and shall carry, while on duty, a first-aid outfit consisting of one large
sterilised dressing, one sma ll sterilised dressing and an ampoule of tincture of iodine or other suitable
antiseptic, and such outfit shall be securely packed to protect it against dirt and water.]
1. Substituted by GSR 1886 dated 25.12.1965](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-48-320.jpg)
![1
[45.A Medical attention in case of injury - (1) Every person receiving an injury in the course of his
duty shall, as soon as possible, report the same to an official. Where the person receiving an injury is not in
a position to report the same to an official, it shall be the duty of the person who first comes to know of it to
report the same to an official. The official shall make such arrangements for rendering first aid to the
injured as may be required. If in the opinion of the official the injury is of such a nature as to require
immediate attention by the medical practitioner he shall arrange for the medical practitioner to be called.
(2) If an official who is required to carry a first-aid outfit under rule 45 receives information about injury
to a work person, he shall himself attend to the injured person.
(3) It shall be the duty of the person in charge of the nearest first-aid station provided under rule 44 to
render such first-aid to the injured person as may be necessary.
CHAPTER - VII
EMPLOYMENT OF PERSONS
46. Persons holding positions of sup
ervision or management etc. - For the purpose of Section 37, the
following shall be deemed to be persons holding position of supervision or management or employed in
a confidential capacity -
2
[(a) manager, undermanager, underground manager, assistant manager, ventilation officer and Safety
officer;]
(b) mining, electrical and mechanical engineer ;
2
[(c) overman, foreman, sirdar and mate ;]
(d) mechanical and electrical foreman and electrical supervisor ;
(e) surveyor and assistant surveyor;
(f) medical officer, chemist, assayer, metallurgist and welfare or personnel officer
3
[ * * * ]
4
[(g)] any other person who in the opinion of the Chief Inspector holds a position of supervision or
management.
1. Inserted by GSR 1786 dated 30.9.1970
2. Substituted by GSR 1886 dated 25.12.1965
3. Omitted by GSR 312 dated 15.1.1957
4. Relettered, ibid
47. Weekly day of rest – (1) For the purpose of sections 28 and 29, a day of rest for any person shall
mean period of rest of at least 24 consecutive hours.
(2) There shall be posted up in a conspicuous place out side the office of every mine a notice showing the
weekly day or rest. Where the weekly day of rest is not the same day for all persons employed in the mine,
the notice shall show the day of rest allowed to each relay, or set of persons or individual.
48. Notice regarding hours of work - (1) The notices of hours of work referred to in sub-section (1) of
section 36 shall be maintained in Form A.
(2) In addition to the particulars specified in sub-section(1) and (3) of section 36, the notice shall also
show the particulars of the system in which periodical changes of shifts are made for all or each set of
persons employed in the mine.
(3) A copy of the notice shall be affixed on the first page in the registers maintained in Forms B,C,D and
E.
49. Compensatory days of rest – (1) The compensatory days of rest to be allowed under sub-section (1)
of section 29 shall be so spaced that in any one week not more than two such days shall be allowed to any
one person.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-49-320.jpg)
![(2) On or before the last day of every month, there shall be displayed on a notice board outside the office
of the mine a list of all persons who have not been allowed compensatory days of rest during that month,
and the dates on which compensatory days of rest will be allowed to them in the following two months.
(3) In the event of a person being discharged or dismissed, such number of compensatory days as are due
to him shall not be reckoned as part of any period of notice to which he is entitled under any rule, award,
agreement or contract of service, and he shall be allowed all such compensatory days of rest before the date
of his discharge or dismissal.
(4) There shall be maintained at every mine a register of compensatory days of rest in Form F.
50. Exemption from hours and limitation of employment - For the purpose of section 39 of the Act,
male adults employed in a mine on any work specified in column 1 of the Fourth Schedule shall be
exempted from the provisions of the sections of the Act specified in column 2, subject to such conditions as
are specified in column 3.
1
[51. Termination of employment - When the employment of a person in a mine is terminated, whether by
way of dismissal, discharge or otherwise, or where such person leaves the employment, the date of such
termination or leaving shall be entered against his name in the register maintained in Form B.]
2
[52. Employment of apprentices and trainees - No apprentice or trainee of the age of sixteen to eighteen
years shall be employed in a mine except under immediate supervision of a competent person and no such
apprentice or trainee shall be employed in a mine-
(a) in any work which is unduly arduous ; or
(b) in close proximity to any machinery involving risk of injury from any moving part of the
machines; or
(c) at any place where the dust produced in mining operations is known to constitute a hazard to health .]
CHAPTER - VIII
LEAVE WITH WAGES AND OVERTIME
53. Register of leave with wages – 1
[(1) The owner, agent or manager of every mine shall maintain in
respect of every employee thereof a record of leave with wages in Form G and H;
1. Substituted by GSR 1886 dated 25.12.1965
2. Substituted by GSR 316 dated 26.4.1986
Provided that if the Chief Inspector or an Inspector is of opinion that any muster roll or register
maintained in accordance with any other rules for the time being in force contains all the particulars
required for the observance of the provisions contained in Chapter VII of the Act, he may, by order in
writing, permit the maintenance of such muster roll or register in place of the registers in forms G and H ;
Provided further that in the case of a mine exempted under section 56, the Chief Inspector or an
Inspector may permit the maintenance or records of leave with wages in such manner as he may approve by
order in writing.]
(2) The register mentioned in sub- rule (1) shall be preserved for a period of two years after the last entry
in them has been made and shall not be destroyed even after the expiry of that period unless it has been
certified by an Inspector that the leave account therein has been properly transferred to the new
registers.
1
[54. Information regarding leave with wages - On or before the 20th
day of February every year the
owner, agent or manager of a mine shall exhibit on the notice board at the office of the mine information](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-50-320.jpg)
![regarding leave with wages due to each person employed in the calculated upto the 1st
January of that year
giving the particulars specified in Form L.]
2
[55. * * *]
56. Payment of leave wages due if a person dies- In the event of any person entitled to leave with wages,
shall accrue to his legal heirs or nominee as the case may be.
2
[ * * *]
1. Inserted by GSR 1786 dated 30.9.1970
2. Omitted by GSR 1886 dated 25.12.1965
59. Overtime register - The register required by sub-section (4) of section 33 shall be ma intained in Form
I.
60. Extra Wages for overtime - (1) For the purpose of section 33, overtime shall be paid at the end of
each wage –period.1
[* * *]
2
[(2)] In calculating overtime on any day, a fraction of an hour less than 30 minutes shall be ignored and a
fraction of 30 minutes or more shall be counted as one hour.
3
[(3)]In calculating the ordinary rate of wages or earnings in the case of a person paid by the month, the
daily wages shall be 1/26th
of his monthly rate of wages; and in the case of any other person it shall be the
ordinary rate of his daily wages or earnings as the case may be.
61. Cases of exemption under section 56 - (1) Where an exemption is granted under section 56, the
manager shall display at the main entrance of the mine, a notice giving full details of the system established
in the mine for leave with wages and shall send a copy of it to the Inspector.
(2) No alternation shall be made in the scheme approved by the Central Government at the time o granting
exemption under section 56 without its previous sanction.
CHAPTER - IX
WELFARE AMENITIES
4
[62. Provision of shelters - At every mine where more than 50 persons are ordinarily employed, there
shall be provided adequate and suitable shelters at or near loading wharves, opencast workings, workshops
and mine entrances where 25 or more persons are ordinarily employed for taking food and rest ;
Provided that any canteen maintained in accordance with these rules may be regarded as part of
the requirements of this rule.]
1. Omitted by GSR 1886 dated 25.12.1965
2. Renumbered, ibid
3. Renumbered, ibid
4. Substituted, ibid
63. Standards of Shelters - Every shelter shall –
(a) have a floor area of not less than 14 square metres; and
1
[(i) in the case of flat roof a height of not less than 2.5 metres to the lowest part of the roof; and
(ii) where the roof is a sloping one, a height of not less than 1.8 metres to the lowest part of the roof and of
not less than 2.5 metres to the highest part of the roof;]
(b) be so constructed as to afford effective protection form the weather;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-51-320.jpg)
![(c) be constantly provided with adequate supply of cool and wholesome drinking water during the working
hours of the mine ;and
(d) be kept in a clean and tidy condition.
2
[64. Provision of Canteens - (1) At every mine where in more than 250 persons are ordinarily employed,
if the Chief Inspector or an Inspector so requires, there shall be provided and maintained in or adjacent to
the precincts of the mine, a canteen for the use of all persons employed ;
Provided that where the conditions at any mine so require ,the Chief Inspector or an Inspector may
direct that other suitable arrangements approved by him for serving food, drink and other items to the
persons employed be provided and maintained in addition to the canteen required under this sub-rule.
(2) If any case, the Chief Inspector or Inspection is satisfied that no inconvenience will be caused
to the employees concerned if a single canteen is provided to serve neighbouring mines, he may
by an order in writing and subject to such conditions as he may specify therein, authorise the
owners, agents or managers of such mines to provide jointly a single canteen.]
1. Substituted by GSR 31 dated 29.12.1960
2. Substituted by GSR 1786 dated 30.9.1970
65. Standards of canteen – 1
[(1)] Every canteen shall-
(a) be constructed in accordance with plans and specifications approved by the Chief Inspector or an
Inspector ;
(b) be situated not less than 2
[15 metres] from any latrine, urinal, boiler house, engine room, coal heap, ash
heap or heap of other material and any other source of dust or smoke;
(c) be sufficiently lighted during all hours when open for use ;
(d) be provided with a washing place for females, suitably separated or screened to secure privacy ;
(e) be white-washed or colour washed inside the rooms and passages at least once a year, and woodwork
and structural iron or steel work shall be varnished or painted at least once every three years ;
Provided that the inside walls of the kitchen shall be white washed or colour-washed once every
four months.
(f) be provided with receptacles for garbage and have drains to carry away waste water.
3
[(2) The canteen or any part thereof shall not be used or allowed to be used for any other purpose which
tends to interfere with the normal or efficient functioning of the canteen.]
66. Furniture and equipment. In every canteen there shall be provided and maintained -
(a) sufficient furniture, utensils and other equipment necessary for its efficient operations ;
(b) an adequate supply of cool and wholesome drinking water ;
(c) suitable clean clothes for persons cooking and serving food, drink etc.
1. Renumbered by GSR 1786 dated 17.10.1970
2. Substituted by GSR 31 dated 29.12.1960
3. Inserted by GSR 1786 dated 30.9.1970
67. Cleanliness - (1) The canteen and its precincts shall be kept in a sanitary condition.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-52-320.jpg)
![(2) An adequate supply of hot water shall be provided for cleansing utensils and equipment; and all
furniture, utensils and other equipment shall be kept clean and in a hygienic condition.
1
[68. Maintenance of canteens and provisions of staff (1) Every canteen provided under these rules shall
be run by the owner, agent or 2
[officer in-charge canteen] thereof who shall appoint supervisory and other
staff sufficient for the proper working of the canteen.
(2) Notwithstanding anything contained in sub-rule (1), where the workers offer to run the canteen
themselves and for this purpose organise a co-operative society, they shall be permitted to do so
with financial assistance from the management.]
3
[(3) In every such canteen, such food, drink or other articles shall be made available as may be
recommended by the Canteen Managing Committee appointed under rule 69.]
69. Canteen Managing Committee - (1) The owner, agent or the officer in charge canteen shall appoint a
Canteen Managing Committee which shall be consulted from time to time, but not less than once a month,
as to the management and working of the canteen .
(2) (a) The Committee Shall consist of an equal number of members nominated by the owner, agent ‘or
2
[officer in-charge canteen] and elected by the persons employed in the mine. The number of elected
members shall be on a scale of one for every 1000 persons employed, provided that the number shall
not be more than 5 or less than 2.
(b) The term of office of the elected members shall be two years commencing from the date of the last
election, no account being taken of a bye-election.
1. Substituted by GSR 1886 dated 25.12.1965
2. Substituted by GSr 316 dated 26.4.1986
3. Inserted by GSR 1786 dated 17.10.1970
(c) The owner, agent or 1
[officer-in-charge canteen] shall determine the procedure for and supervise the
elections to the Committee.
(3) The owner, agent or 1
[officer-in-charge canteen] shall appoint either himself or his nominee as ex-
officio Chairman of the Committee; and the Chairman shall preside at every meeting of the
Committee.
(4) The proceedings of every meeting of the Committee shall be recorded in a minute book and shall be
signed by the Chairman.
70. Prices to be Charged - Food ,drink and other items served in a canteen shall be sold on a non-profit
basis and the prices charged shall be subject to the approval of the Canteen Managing Committee. A list of
approved prices shall be conspicuously displayed in the canteen in English, Hindi and in the language of
the district in which the mine is situated.
2
[Explanation - In calculating the cost of food, drink and other items served in a canteen, expenditure on
the following items shall not be taken into account:
(a) the cost of utensils, including cooking vessels and utensils necessary to serve food to the
workmen ;
(b) the cost of furniture ;
(c) the cost of fuel and electricity ; and
(d) the salaries of supervisory and other staff.]
71. Accounts - Proper accounts pertaining to the canteen shall be maintained. Such accounts shall be
audited once every twelve months by a 3
[chartered accountant] or auditor, and a balance sheet shall be](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-53-320.jpg)
![submitted to the Canteen Managing Committee not later then two months after the date of closing of the
accounts;
1. Substituted by GSR 316 dated 26.4.1986
2. Inserted by GSR 1886 dated 25.12.1965
3. Substituted by SRO 3744 dated 16.11.1957
1
[Provided that the accounts pertaining to the canteen in a mine owned and worked by
Government having its own Accounts Department may be audited by such Department.]
72. Welfare Officer – 2
[(1) For every mine wherein 500 or more persons are 3
[ordinarily employed] the
owner, agent or manager shall appoint a suitably qualified person as Welfare Officer, and where the
number of persons so employed in a mine exceeds 2500 ,such Welfare Officer shall be assisted by one
suitably qualified additional Welfare Officer for every additional 2000 persons or part thereof employed.]
(2) No person shall act as a Welfare Officer of a mine unless he possesses-
(a) a university degree ;
(b) a degree or diploma in social science, 4
[or social work] or labour welfare recognised by the
Government for the purpose of this rule, and preferably practical experience of handling labour
problems in any industrial undertaking for atleast three years; and
(c) a knowledge of the language of the district in which the mine is situated or the language
understood by the majority of persons employed in the mine;
Provided that in case of a person already in service as a Welfare Officer in a mine, the above
qualifications may, with the approval of the Chief Inspector, be relaxed.
5
[2A) Notwithstanding anything contained in sub-rule (2), the Labour Officers included in the Central Pool
under the provisions of the Labour Officers (Central Pool) Recruitment and conditions of Service Rules,
1951, shall be eligible for appointment as a Welfare Officer in a mine.]
1. Inserted, ibid.
2. Substituted by GSR 607 dated 16.5.1959
3. Substituted by GSR 1886 dated 25.12.1965
4. Inserted, ibid.
5. Inserted by GSR 966 dated 17.5.1968
(3) Where by reason of temporary absence, illness or any other similar cause, the Welfare Officer is unable
to perform his duties, the owner, agent or manager shall authorise in writing person whom he considers
competent, to act in his place ;
Provided that no such authority shall have effect for a period in excess of 30 days except with the
previous consent of the Chief Inspector.
1
[(4) A written notice of every appointment, authorisation, discharge, dismissal, resignation or termination
of service of every Welfare Officer and of the date thereof shall be sent by the owner, agent or manager to
the Chief Inspector within seven days from the date of such appointment, authorisation. discharge,
dismissal, resignation or termination of service.]
2
[(5) The post of Welfare Officer shall be advertised in a Newspaper having a wide circulation in the
State.]
73. Duties of Welfare Officer – 3
[(1)] The duties of Welfare Officer shall be -](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-54-320.jpg)
![(i) to establish contacts and hold consultations with a view maintain harmonious relations between the
management and persons employedin the mine ;
(ii) to bring to the notice of the management the grievances of employees, individual as well as collective,
with a view to securing their expeditious redressal ;
(iii) to promote relations between management and employees, which will ensure productive efficiency as
well as amelioration in the working conditions, and to help workers to adjust and adapt themselves to
their working environments ;
(iv) to assist in the formation of Work and Joint Production Committees, Co -operative Societies and Safety
First and Welfare Committees and to supervise their work ;
1. Substituted by GSR 1886, dated 14.12.1965
2. Inserted by GSR 607 dated 16.5.1959
3. Renumbered, ibid
(v) to help the management in regulating the grant of leave with wages and explain to the workers the
provisions relating to leave with wages and other leave privileges and to guide the workers in the matter
of submission of applications for grant of leave for regulating authorised absence.
(vi) to advise on welfare provisions such as housing facilities, food-stuffs, social and recreational facilities,
sanitation, individual personnel problems and education of children;
(vii) to supervise welfare activities, statutory or other wise including education and training of employees;
(viii) to suggest measures which will tend to raise standard of living of workers and in general promote
their being ; and
(ix) to perform any other duty connected with the welfare of the persons employed in the mine.
1
[(2) Notwithstanding anything contained in sub-rule(1), no Welfare Officer shall deal with any disciplinary
case again a person employed in a mine, or appear before a Conciliation Officer, Court or Tribunal on
behalf of the management of a mine against a person or persons employed in the mine, except when he is
required by the Conciliation Officer, Court or Tribunal to appear as an independent witness ;
Provided that nothing in this sub-rule shall be deemed prohibit a person employed in a mine from
approaching the Welfare Officer in respect of a grievance arising out of any case of disciplinary action
against him.
2
[3
(3)] Every Welfare Officer shall keep a record of his day to day work and shall at the end of every year
forward to the Chief Inspector through the manager of the mine, concerned summary of the report of his
work during the year.
74. Conditions of service - (1) A Welfare Officer shall be given appropriate status corresponding to the
status of the other executive heads of the mine.
1. Inserted by GSR 1511 dated 23.9.1966
2. Added by GSR 607 dated 16.5.1959
3. Renumbered by GSR 1511, dated 23.9.1966
1
[(2)The conditions of service of Welfare Officer shall be the same as of other members of the staff of
corresponding status in the mine ;
Provided that before the owner, agent or manager discharges of dismisses a Welfare Officer who
has satisfactorily completed a probationary period of six months, he shall consult the Chief Inspector or an
Inspector authorised in this behalf by the Chief Inspector.]
2
[(3) A Welfare Officer shall not be given less than two hundred rupees as his basic pay per mensem.]
CHAPTER - X
3
[REGISTERS, NOTICES AND RETURNS]](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-55-320.jpg)
![75. Maintenance and production of reports, Registers and other records - All reports, registers and
other records maintained in pursuance of the regulations, rules of bye-laws, unless otherwise provided
for, shall -
(a) be kept at an office or the nearest convenient building within the precincts of the mine ;
(b) be legibly entered in ink in English, Hindi or either the language understood by a majority of
the persons employed in the mine;
(c) be preserved in original for a period of one calendar year after the date of the last report or
entry ;
Provided that when the original record is lost or destroyed before the expiry of one year period , true copies
thereof, if available ,shall be preserved for the prescribed period;
(d) be produced on demand before the Chief Inspector or Inspector or any person authorised in
that behalf of the Central Government.
1. Substituted by GSR 607 dated 16.4.1959
2. Inserted, ibid
3. Substituted by GSR 1786 dated 17.10.1970
1
[76. Registers of reportable and minor accidents - (1) The registers required by sub-section (1A) of
section 23 of the Act shall be maintained in Form J and a copy thereof shall be sent to the concerned
Inspector of Mines.
(2)The register, required by sub-section (3) of section 23 of the Act shall be maintained in Form
K.]
77. Register of employees - The register required by sub-section (1) of section 48 shall be maintained in
Form B. 2
[keeping separate page for each person employed in the mine.]
3
[77-A. Identity tokens - (1) (a) The owner, agent or manager of a mine shall issue free of cost to every
person employed in the mine, a metal token; hereinafter referred to as token, bearing a number and other
particulars by which such person may be identified;
Provided that if any other equally effective system of identification is in force in any
mine and the Chief Inspector is satisfied of the same, he may exempt such mine from the operation
of this rule subject to such conditions as he may deem fit to impose.
(b) No person employed in a mine shall enter or be permitted to enter for work in any part of a
mine unless he carries off his person the token issued to him.
(c) The token shall be of such durable and strong material as cannot be easily damaged or
defaced.
(d) The token shall be carried by an employee on his person during the time he is on duty.
(e) Where a token is damaged, defaced or lost, due to reasons other than the fault or negligence of
the employee concerned a duplicate token shall be issued forthwith to such employee free of
charge and such duplicate token shall be stamped “DUPLICATE”.
1. Substituted by GSR 316 dated 26.4.1986
2. Inserted by GSR 656 dated 5.6.1980
3. Inserted by GSR 656 dated 9.5.1980
(f) Where a token i
s damaged defaced or lost due to the fault or negligence of the employee
concerned , a duplicate token stamped “DUPLICATE” shall be issued forthwith to such
employee and such employee shall be liable to pay fifty percent of the cost of the duplicate
token issued to him.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-56-320.jpg)
![(2) The token number and other particulars by which the employee may be identified, together
with a passport size photograph, shall be entered in the register in Form B prescribed under
rule 77.]
78. Register of daily attendance - (1) The registers required by sub-section (4) of section 48 of persons
employed in the mine (a) belowground, (b) in open-cast workings and (c) aboveground shall be maintained
in Forms C,D and E respectively.
(2) The entries in the register maintained in Form C shall be made at the entrance or entrances to the mine,
at the time when a person against whose name the entry is made enters or leaves the mine.
(3) The entries in the registers maintained in Form D and E shall be made at suitable points on the
premises of the mine with reasonable despatch, at the commencement and end of the period of work.
79. Posting of abstracts, bye -laws and notices. – (1) The abstracts of the Act as given in the Fifth
Schedule shall be posted up outside the office of every mine in English, Hindi and either the language of
the district in which the mine is situated or the language understood by a majority of the persons employed
in the mine.
(2) The bye-laws shall be posted up in the manner required by sub-section (5) of section 61, in
English, Hindi and either the language of the district in which the mine is situated or the language
understood by a majority of the persons employed in the mine ;
Provided that the Chief Inspector may require the abstracts and the bye laws to be posted up in any Indian
language understood by a majority of the persons employed in the mine.
(3) Every notice required to be posted up under these rules shall be in English, Hindi and either
the language of the district in which the mine is situated or the language understood by a majority
of the persons employed in the mine.
(4) The abstracts, bye-laws and notices required to be posted up by the Act, regulations and the
rules shall be maintained in a clear and legible condition.
CHAPTER – XI
MISCELLANEOUS
80. Observ
ance of local time –For the purpose of section 4, the local mean time that shall ordinarily be
observed in class or group of mines situated in any local area, specified in column 1 of the Sixth Schedule
shall be as specified column 2 thereof.
81. Intoxicating drugs and drinks – (1) No intoxicating drink or drug shall be carried or permitted to be
carried below ground into the workings of a mine or part.
(2) No person shall, during the course of his employment in or about a mine, possess, carry or
consume any intoxicating drink or drug or remain in a state of intoxication or drunkenness.
82. Occupational diseases – Fees for medical practitioner – A medical practitioner making an
examination in accordance with subsection (2) section 25, shall be paid as follows ;
(a) a fee not exceeding rupees sixteen for each clinical examination.
(b) A fee not exceeding rupees sixteen for each X-ray examination.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-57-320.jpg)
![1
[82A. Disability allowance and compensation for occupational diseases .- (1) The disability allowance
payable under first provision to sub-section(5) of section 9A of the Act shall be at the rate of fifty percent
of the monthly wages that he was in receipt of immediately before presenting himself for the medical
examination under sub-section (2) of section 9A of the Act.
(2) If, a person decides to leave his employment in the mine, he shall be entitled to compensation as may be
admissible under the provisions of the Workmen’s Compensation Act ,1923 (8 of 1923) as contacting of
such disease is deemed to be an injury by accident under that Act. In case the disease in not covered under
Schedule III of that Act, he shall be paid by way of disability compensation at the same rates as provided
under that Act as if it is an injury. The lump -sum compensation payable under this rule shall not be in
addition to the compensation payable under that Act.
Explanation – For the purpose of this rule, “wages” shall have the same meaning as defined in clause (m)
of section (1) of section 2 of the Workmen’s Compensation Act, 1923(8 of 1923).
(3) The provisions of sub-rule (1) and (2) shall not operate to the prejudice to any right to which a person
employed in a mine may be entitled to under any other law or under the terms of any award, agreement or
contract of service and when such award, agreement or contract of service provides for more favourable
benefits than the disability compensation provided in sub-rule(1) and (2), such person shall be entitled to
such benefit only.]
83. Mode of payment of fees etc. – The fees or other expenses payable by the owner, agent or manager
under these rules shall be paid directly into the treasury or a branch of the State Bank of India ,and the
receipt of the treasury or bank shall be sent to the Chief Inspector along with the particulars to which the
fees or other expenses relate.
1. Inserted by GSR 316 dated 26.4.1986
1
[83A.Appeals to the Chief Inspector – Against an order made by the Inspector under any of these rules,
an appeal shall lie to the Chief Inspector who may conform or modify or cancel the order. Every such
appeal shall be preferred within 30 days of the receipt of the order by the appellant.]
CHAPTER – XII
RESCISSION AND SAVINGS
84. Rescission and Savings . (1) All rules framed by Sate Governments under section 30 of Indian Mines
Act, 1923 those contained in Chapters II, III and VI of the Mysore Gold Mines Rules, 1953, and those
issued vide the Government of India notification No. S.R.O 2403, dated the 12th
July, 1954 are hereby
rescinded, but all acts done, orders issued and certificates granted or renewed under any rule so
rescinded shall, so far as they are not inconsistent with these rules, be deemed to have been
respectively done, issued, granted or renewed under these rules.
(2)The rules contained in Chapters IV and V of the Mysore Gold Mines Rules, 1953 shall continue
to apply to gold mines in the State of Mysore in addition to these rules.
1. Inserted by GSR 18 dated 24.12.1973](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-58-320.jpg)
![FORM – A
(See Rule 48(1))
Notice of commencement and end of work
Name of Mine……………..
Name of Owner……………
It is hereby notified that persons employed at this mine shall begin and end their period of work between
the hours set out below.
SN Class or kind
of
employment
Sex Place of work Above
Ground/Opencast
working/Below ground
Set or Relay
Number
ABC etc)
1. Set or Relay A B C D Etc
1 2 3 1
[4] 2
[5] 2. Shift 123 123 123 123
Period of work
3. Begins * AM/ PM
Ends * AM/PM
* Interval for rest if any.
4. Begins * AM/PM
Ends * AM/PM
5. System of change of
shifts
6. Date on which this n notice was first exhibited.
Note: * The words and letters not required shall be scored out.
Signature of Manager
Date…………………
3
[FORM – B
(See Rules 48(3), 51, 77 and 77.A(2)]
(1) Serial No.
(2) Name and surname of the employee
(3) Father’s or Husband’s name
(4) Age and sex.
(5) No. and dates of the certificate, if any, held under the Mines Vocational Training Rules,1966
(6)(a) Designation of the employee.
(b) Nature of employment (whether above or below ground and if above ground
whether in opencast working or otherwise.)
(c) Whether employment is permanent or temporary or casual.
(7) Home Address of the employee, giving Village, Thana, Post office and District.
(8) Date of commencement of employment
(9) Date of first appointment, with the present owner.
(10) Date of termination or leaving of employment.
(11) In case of an adolescent, reference to certificate of fitness granted under section 40.
(12) Mark of identification on the body.
(13) Name address, relationship of person to be informed in case of accident/emergency.
(14) Token number and other particulars by which the employee may be identified.
(15) Passport size photograph of the person employed.
(16) Signature or Thumb impression of the employee.
(17) Remarks.
[Signature of Manager]
1. Omitted by GSR 316 dated 26.4.1986
2. Renumbered, ibid
3. Substituted by GSR 656 dated 5.6.1980](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-59-320.jpg)
![FORM – C
[See Rule 48(3) and 78]
Register of persons employed below ground during the weak commencing………and ending…….19…..
Name of Mine…….Part or Section of Mine………
Name of Owner………..Hours of Shift Begins AM/PM
Ends AM/PM
SN Name and
surname
of
employee
Age
&
Sex
Class or kind
of
employment
Relay
or set
No.
Serial
No. from
Form B
Register
Time should be recorded against each entry Total
Day Day Day Day Day Day Day No. of
days
worked
No. of
hours
worked
R
E
M
A
R
K
S
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
In Out In Out In Out In Out In Out In Out In Out
Initial of Register Keeper
Weekly Abstract Miners
including
loaders
1
*** Others
Total no. of attendances
Total no. of absentees.
1. Omitted by GSR 316 dated 26.4.1986](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-60-320.jpg)
![FORM – D
[See Rule 48(3) and 78]
Register of persons employed 1
[above ground] opencast working during the week commencing………and ending…….19…..
Name of Mine…….Part or Section of Mine………
Name of Owner………..Hours of Shift Begins AM/PM
Ends AM/PM
SN Name and
surname
of
employee
Age
&
Sex
Class or kind
of
employment
Relay
or set
No.
Serial
No. from
Form B
Register
Time should be recorded against each entry Total
Day Day Day Day Day Day Day No. of
days
worked
No. of
hours
worked
R
E
M
A
R
K
S
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
In Out In Out In Out In Out In Out In Out In Out
Initial of Register Keeper
Weekly Abstract Miners
including
loaders
2
*** Others
Total no. of attendances
Total no. of absentees.
1. Inserted by GSR 1886 dated 25.12.1965
2. Omitted by GSR 316 dated 26.4.1986](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-61-320.jpg)
![FORM – E
[See Rule 48(3) and 78]
Register of persons employed above ground 1
[otherwise than in opencast working] during the week commencing------ and ending …. 19
Name of Mine…….Part or Section of Mine………
Name of Owner………..Hours of Shift Begins AM/PM
Ends AM/PM
SN Name and
surname
of
employee
Age
&
Sex
Class or kind
of
employment
Relay
or set
No.
Serial
No. from
Form B
Register
Time should be recorded against each entry Total
Day Day Day Day Day Day Day No. of
days
worked
No. of
hours
worked
R
E
M
A
R
K
S
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
In Out In Out In Out In Out In Out In Out In Out
Initial of Register Keeper
Weekly Abstract Men Women 2
***
Total no. of attendances
Total no. of absentees.
1. Inserted by GSR 1886 dated 25.12.1965
2. Omitted by GSR 316 dated 26.4.1986](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-62-320.jpg)
![FORM F
[See Rule 49(4)]
Register of Compensatory Days of Rest.
Name of Mine…………………
Name of Owner……………….
Year…………………………..
Dates on which weekly days of rest have not been
allowed
Dates on which compensatory days of rest have
been allowed
SN Name &
surname
of
employee
Class or kind
of
employment
set or relay
no.
No. of days of
compensatory
rest due in the
previous
calendar year
1st
January
to 31st
March
1st
April
to 30th
June
1st
July to
30th
September
1st
October
to 31st
December
1st
January
to 31st
March
1st
April
to 30th
June
1st
July to
30th
September
1st
October
to 31st
December
No. of days
of
compensatory
rest due on
31st
December
Remarks
1 2 3 4 5 6 7 8 9 10 11 12 13 14](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-63-320.jpg)
![1
[FORM – J]
2
[See Rule 76 (1)
* (Return of Reportable accident)
Name of Mine………………….
State………District……………
Owner………………………….
Mineral worked………………(Quarter ending)
1
[Return of reportable accident]
Classification
Sl.
No.
Date of
entry
Date of
accident
Time of
accident By place
of
accident
By cause Brief
description of
case of
accident
Name of injured
worker
1 2 3 4 5 6 7 8
Sl. No.
from
Register in
Form B
Nature of
employm
ent
Natur
e of
injury
Parts of
body
injured
Date of
return of
injured
person to
work
Duration of
enforced
absence (in
days)
Initials of
attending
medical
practitioner
Remarks
9 10 11 12 13 14 15 16
Introduction :
Col (5) : Specify as indicated in Annexure – 1 Col (6): Specify as indicated in Annexure – II, Col. (7) :
Give brief description of the circumstances attending the accident.
Col. (11) : Specify whether simple wound laceration abrasion of fracture (only toes, fingers and thumb etc)
Col. (14) : mention the days intervening the days of occurrence and day of rejoining and not including
either the date of occurrence or rejoining.
Col. (16) : In case if an injury proves “Serious” or “Fatal” or when injured person proceeds on leave or
leaves his employment. Particulars should be entered in this column.
3
[Note : Copies of entries person injured in preceding quarter(s) and who continued to absent in the quarter
should also be submitted separately]
1. Substituted by GSR 1786 dated 17.10.1970
2. Substituted by GSR 316 dated 26.4.1986
3. Inserted, ibid.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-67-320.jpg)
![FORM – K
1
[See Rule 76 (2)]
Return of Minor Accidents
Name of Mine……………..
State………….District…………
Owner……………………….
Mineral worked…………(Quarter ending on…)
Classification
Sl.
No.
Date of
entry
Date of
accident
Time of
accident By place of
accident
By cause Brief description
of case of accident
Name of
injured worker
1 2 3 4 5 6 7 8
1.
2.
3.
4.
5.
Sl. No. from
Register in
Form B
Nature of
employment
Nature
of injury
Parts of body
injured
Date of return of
injured person to
work
Initial of attending
medical practitioner
Remarks
9 10 11 12 13 14 15
1.
2.
3.
4.
5.
Introduction :
Col (5) : Specify as indicated in Annexure – 1 to Form J. Col (6): Specify as indicated in Annexure– II
to From J. Col. (7) : Give brief description of the circumstances attending the accident.
Col. (11) : Specify whether simple wound laceration abrasion of fracture
Col. (15) : In case if an injury proves “reportable” “Serious” or “Fatal” or when injured person proceeds on
leave or leaves his employment. Particulars should be entered in this column.
1. Substituted by GSR 316 dated 26.4.1986](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-70-320.jpg)
![1
(FORM – P)
(See rule 29F (i) and 29L)
Medical Standard of fitness for Persons Employed
1. The person should be in good mental and bodily health and free from any physical defect likely to
interfere with his efficient employment in a mine.
2. Skeletal nervous system : The limbs should be well formed and developed, and the function of all the
limbs should be within normal limits. Any deformity should be recorded. There should be no
deformity or paralysis which may interfere with his efficient employment in a mine.
3. Skin :- There should be no evidence of extensive and chronic skin disease or ulceration. In case of
infective type of skin disease, the candidate could be made fit after he has undergone a treatment. All
occupational skin diseases should be noted.
4. (a) Eye vision should be not less than the following standard:
(1) Better eye 6/12
(2) Worse eye 6/18
(b) There should be no night blindness for persons employed below ground and for persons
employed in open cast working in shifts other than in mornings shifts.
(c) A person having only one eye which functions normally should not be employed below
ground, For employment on surface the vision of such a person in the other eye should be 6/18
with or without glasses.
5. Hearing should be good, Any progressive disease affecting hearing/or occupational deafness should be
recorded.
6. Speech must be without serious impediment. Unless this is also accompanied by generalised partial
paralysis this should not be a reason for declaring unfit.
7. (a) Respiratory system should be sound and free from any chronic bronchial or laryngeal disease.
This however alone should not be reason to make unfit.
(b) 2
[A full sized pestero-anterior chest radiograph (large) enough to include thoratic inlet and
both costophrenic angles obtained by an X
-ray machine of atleast 300 mA Milli-Ampere)
strength shall be evaluated in the manner specified by the Chief Inspector and Lung function
tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one
second (FEVI) shall be made. There should not be any evidence of active pulmonary disease
if] there are evidences of active pulmonary tuberculosis, he may be permitted to work if his
sputum is negative on repeated examination and on production of a certificate that he is taking
treatment from a qualified medical practioner/hospital
8. Circulatory system – There should be no evidence of any heart or vascular disease which may interfere
with his efficient employment in a mine.
9. In case the candidate has hernia he may be declared fit after he has been successfully operated for the
same.
10. Hydrocele if present should not be large enough to impede the normal activities off the candidate. In
such cases he may be declared fit after being successfully operated.
11. The medical examination should include examination of urine and of other system for evidence of
disease. Mere presence of albumen and sugar in the urine without any gross organic disease producing
signs and symptoms should not be considered as a disability.
1. Inserted vide notification No. GSR 656 dated 5.6.1980
2. Substituted by GSR 707(E) dated 21.7.1989](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-75-320.jpg)
![1
(FORM – P-I)
(See rule 29F(1) and 29L)
Medical standard of fitness for persons to be employed in mines.
1. The person should be in good mental and bodily health and free from any physical defect likely to
interfere with his efficient employment in a mine. Due allowance in the standard should be made for the
age of a candidate.
2. Locomotor system – The limbs should be well formed and developed and the function of all the limbs
should be within normal limits. Any deformity should be recorded. There should be no deformity or
paralysis which may interfere with his efficient employment in a mine. Any deformity noted should be
recorded.
3. Skin – There should be no evidence of extensive and chronic skin disease or ulceration.
4. (a) Distant vision eye with or without glasses should be not less than the following standard.
For workers employed on For workers employed
Surface and in opencast below ground
Workings
1. Better eye 6/12 6/6
2. Worse eye 6/18 6/9
(b) Night blindness should be tested in special cases only in underground workers where the examining
authority considers it necessary.
(c) A person having only one eye which functions normally should not be employed belowground. For
employment on surface the vision of such a person in the other eye should be 6/12 with or without glasses.
A person will be considered uni-ocular when there is physical loss of one eye or when there in functional
loss of vision of one eye.
(d) Colour blindness will be tested only in special cases where the job requires good colour dis crimination.
Only low grade colour perceptions will be tested with Edridge Green’s lantern.
(e) There should not be squint where binocular vision is essential.
(f) There should not be any organic disease of the eye which is likely to affect the distant vision within a
period of five years.
5. Hearing should be good. Any progressive disease effecting hearing should be recorded. The candidate
should be able to hear conversational voice from a distance of 3 metres.
6. Speech must be without serious impediments.
7. (a) Respiratory system should be sound and free from any chronic laryngeal bronchial pulmonary
disease. Tuberculosis of lungs if not active should not be a disqualification.
(b) 2
[A full sized pestero-anterior chest radiograph (large) enough to include thoratic inlet and both
costophrenic angles obtained by an X-ray machine of atleast 300 mA Milli-Ampere) strength shall be
evaluated in the manner specified by the Chief Inspector and Lung function tests (spirometry) to record
forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. There
should not be any evidence of active pulmonary disease if] there are evidences of active pulmonary
tuberculosis, he may be permitted to work if his sputum is negative on repeated examination and on
production of a certificate that he is taking treatment from a qualified medical practioner/hospital
1. Substituted by GSR 707(E) dated 21.7.1989
2. Substituted, ibid](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-76-320.jpg)
![THE METALLIFEROUS MINES REGULATIONS, 1961
G.S.R. 337, dated the 18th
October, 1960 – In exercise of the powers conferred by section
57 of the Mines, Act, 1952 (35 of 1952), the Central Government hereby makes the
following Regulations, the same having been previously published as required by sub-
section (1) of section 59 of the said Act.
Chapter I. – Preliminary
1. Short title, extend and applications (1) These regulations may be called the
Metalliferous Mines Regulations, 1961.
(2) They extend to the who le of India 2[***]
(3) They shall apply to every mine of whatever description other than a coal or an
oil mine.
2. Definitions. – In these regulations, unless there is anything [repugnant in the subject
or contest –
(1) “Act” means the Mines Act, 1952;
(2) “approval safety lamp” and “approved electric torch” mean, respectively, safety
lamp and an electric torch manufactured by such firm and of such type as the
Chief Inspector may from time to time specify by notification in the Official
Gazette;
(3) “Assistant Manager” means a person possessing a Manager’s Certificate
appointed in writing by the owner, agent or manager to assist the manager in the
control, management and direction of the mine or part thereof, and who takes rank
immediately below the manager;
(4) “auxiliary fan” means a forcing fan or an exhausting fan, used belowground
wholly or mainly for ventilating a face or faces or blind ends;
(5) “bankman” means a person appointed to superintend the lowering and raising of
persons, tools and materials and the transmission of signals at the top of a shaft or
winze;
(6) “blaster” means a person possessing a Manager’s, Foreman’s, Mate’s or Blaster’s
Certificate and appointed by the manager in writing to perform the duties of a
blaster under these regulations, and includes a shotfirer;
(7) “belman” means a person appointed to superintend the raising and lowering of
persons, tools, materials and the transmission of signals at any landing;
(8) “Committee” means a committee appointed under section 13 of the Act;
(9) “competent person” in relation to any work or any machinery, jplant or equipment
means a person who has attained the 3[age of 20 years] and who has been duly
appointed in writing by the manager as a person competent to supervise or
perform that work or to supervise the operation of that machinery, plant or
equipment, and who is responsible for the duties assigned to him, and includes a
blaster;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-81-320.jpg)
![Reional Inspector. The form shall be accompanied by a plan showing the boundaries
of the mine and the shafts or opening of the mine, trijunction or revenue pillars and
other prominent and permanent surface features :
Provided that, in respect of amine which has already been opened such a plan
shall be submitted within sixty days of coming into force of the Metalliferous
Mines (Amendment) Regulations, 1985:
Provided further that if the boundary of amine is changed as per sub-regulation(1)
of regulation 111 a plan showing the boundary shall be submitted within seven
days of the said change]
(2) When a mine has been opened, the owner, agent or manager shall forthwith
communicate the actual date of opening to the Chief Inspector and to the
Regional Inspector.
4. Quarterly Returns – On or before the 20th
day of January, April, July, and October in
every year, the owner, agent or manager shall sub mit to the Chief Inspector and the
Regional Inspector correct returns in respect of the preceding quarter in Form II of
First Schedule.
5. Annual Returns – (1) On or before the 20th
day of February in every year, the owner,
agent or manager shall submit to the District Magistrate and to the Chief Inspector
annual returns in respect of the preceding year in Form III of First Schedule.
(2) If a mine is abandoned or working thereof is discontinued for a period exceeding
60 days, or if a change occurs in th ownership of a mine, the returns required under
sub-regulation(1) shall be submitted within 30 days of abandonment or change of
ownership or within 90 days of discontinuance, as the case may be:
Provided that the Chief Inspector may, by an order in writing and subject
to such conditions as he may specify therein, allow such returns to be submitted up to
any date not later than the 20th
day of February in the year following that to which
they relate :
Provided further that nothing in this sub-regulation shall be deemed to
authorise the submission of any return later than the 20the day of February in the year
following that to which it relates.
6. Notice of abandoned or discontinuance – (1) (a) When it is [intended to abandon a
mine or to discontinue working thereof for a period exceeding four months, the
owner, agent or manager shall, not less than 30 days before such abandonment or
discontinuance, give to the Chief Inspector and the Regional Inspector a notice stating
the reasons for the reasons for the proposed abandonment or discontinuance and the
number of persons likely to be affected thereby :
Provided that in the case of a mine or part thereof to which Regulation 142 applies,
notice as aforesaid shall also be given whenever it s intended to abandon a district or
part of the mine, or to discontinue working thereof for a period exceeding four
months :](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-84-320.jpg)
![(b) When the ownership of a mine is transferred, the previous owner or his agent
shall make over to the new owner or his agent, within a period of seven days of the
transfer of ownership, all plans, sections, reports, registers and other records mainiained I
pursuance of the Act and of the regulations, a orders made thereunder and all
correspondence relating to the working of the mine relevant thereto; and when the
requirements of this clause have been duly complied with, both previous and the new
owners or their respective agents shall forthwith send the Chief Inspector and the
Regional Inspector a detailed list of the plans, sections, repsorts, registers and other
records that have been transferred.
(2) When any new appointment is made of an agent, manager, assistant manager,
underground manager, surveyor or an engineer, if any, or when the employment to
any such person is terminated or any such person leaves the said employment, or
when any change occurs in the address of any agent or manager, the owner, agent or
manager shall, within seven days from the date of such appointment, termination,
leaving or change, give to the Chief Inspector and the Regional Inspector a notice in
Form I of First Schedule.
1[“8A. Appointment of agent. – (1) The owner of a mine shall submit in writing to
the Chief Inspector and the Regional Inspector, a statement showing name and
designation of every person authorised to act an agent on behalf of the owner of a
mine in respect of management, control, supervision or direction of the mine.
(2) The statement shall also show the responsibilities of every such person and the
matters in respect of which he is authorised to act on behalf of the owner of a
mine.
(3) The statement aforesaid shall be submitted within one month from the date of
coming into force of the Metalliferous Mines (Amendment) Regulations,
1985, in the case of mines already opened for reopened as the case may be,
and in other cases within one month from the ate of opening or reopening of
the mine.
(4) Any change, addition or alteration in the names or other particulars of the
aforesaid statement shall be reported in writing to the Chief Inspector and the
Regional Inspector within seven days from the date of such change, addition
or alteration]
9. Notice of Accident – (1) (a) When there occurs in or about a mine –
(i) an accident causing loss of life or serious bodily injury in connection with
mining operations;
(ii) an explosion or ignition;
(iii) a spontaneous heating or outbreak of fire, or appearance of smoke or other
indication of heating or outbreak of fire;
(iv) an influx of noxious gases;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-86-320.jpg)
![(v) an occurrence of inflammable gas in a mine to which Regulation 142 does not
apply;
(vi) an irruption or water;
(vii) a rock-brust in workings belowground;
(viii) a premature collapse of any part of the workings;
(ix) any accident due to explosives;
(x) a breakage or fracture of a rope, chain, headgear pulley or axle or bearing
thereof, or other gear y which persons are lowered or raised;
(xi) an overwinding of cases or other means of conveyance while men are being
lowered or raised;
(xii) a breakage or fracture of any essential part of winding engine, crank-shaft,
coupling, bearing, gearing, clutch, drum or drumshaft; or failure of emergency
brake;
(xiii) a bursting of any equipment containing steam, compressed air or other
substance at high pressure; or
(xiv) a breakage, fracture of failure of any essential part of any machine or appratus
whereby the safety of persons may be endangered;
the owner, agent or manager shall forthwith inform the Regional Inspector about the
occurrence by telephone or express telegram or by special m
essenger; and shall also,
within 24 hours of every such occurrence, give notice thereof in Form IV-A of First
Schedule to the District Magistrate, the Chief Inspector and the Regional Inspector and
shall simultaneously exhibit a copy of the notice on a special notice board outside the
office of mine and shall ensure that the notice is kept on the board in a legible condition
for not less than 14 days from the ate of such exhibition.
(b) When a n accident causing loss of life or serious bodily injury occurs in or about a
mine in connection with the generation, storage, transformation, transmission,
supply or use of electrical energy, the owner, agent or manager shall also
forthwith inform the Electrical Inspector o Mines by telephone, express telegram
or special messenger;
(2) If death results from any injury already reported as serious 1[under sub-
regulation (1) or if an injury other than the serious injury becomes serious, the owner,
agent or manager shall, within 24 hours of his being informed of the same], give notice
thereof to the District Magistrate, the Chief Inspector and the Regional Inspector.
(3) In respect of every person killed or injured as above, the owner, agent or
manager shall send to the Chief Inspector particulars in Form IV-B and IV-C of First
Schedule, within seven days of the occurrence or 15 days of the injured person returning
to duty, as the case may be.
10. Notice of disease – Where any person employed in a mine contracts any disease
notified by the Central Government in the Official Gazette, the owner, agent or
manager shall, within three days of his being informed of the disease, send notice
thereof in Form V of First Schedule to the District Magistrate, the Chief Inspector, the
Regional Inspector and the Inspector of Mines (Medial).](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-87-320.jpg)
![CHAPTER III – Examinations and Certificates of competency and of Fitness
2[11. Board of Mining Examinations – (1) For the purposes of these regulations,
there shall be constituted a Board of Mining Examinations (hereinafter referred to as the
“Board).
(2) The Board shall consist of the Chief Inspector who shall be its Chairman Ex-
officio and five members possessing technical qualification in mining, and
(a) having practical experience in metalliferous mines, or
(b) serving in an institution imparting education in mining engineering at
the degree or equivalent level, or
(c) engaged in mining research,
to be appointed by the Central Government:
Provided that the Board shall be so constituted that it shall include at least three
members possessing qualifications laid down in clause (a) and at least one member
possessing qualifications laid down either in clause (b) or in clause (c).
(3) Every member (other than the Chairman) of the Board shall hold office for a
period of three years from the date of the notification appointing him as a member of the
Board or until his successor is appointed and takes charge whichever is later :
Provided that –
(i) a member may at any time resign his office;
(ii) a member appointed under clause (b) or sub-regulation(2) shall
cease to hold office upon his ceasing to serve in any such
institution, as is referred to in that clause;
(iii) a person appointed to fill a vacancy caused by reason of the death,
resignation, or by reason of cesser of office under sub-clause (ii),
of a member, shall hold office for the remaining period for which
such member would have, but for such reason, continued as
member.
(4) A person who holds, or who has held office as member of the Board shall,
subject to the other provision of this regulation, be eligible for re-appointment to that
office.
(5) A member of the Board (other than the Chairman) shall receive such
remuneration as the Central Government may fix.
(6) An Inspector nominated in this behalf by the Chief Inspector shall act as the
1[Secretary to the Board hereinafter referred to in this regulation as the
Secretary]
2* * *
(8)Notwithstanding anything contained in this regulation, the Central
Government, may, if satisfied that it is necessary so to do in the public interest, re-](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-88-320.jpg)
![(15) (a) Every matter at a meeting, shall be decided by the majority of votes of the
members present at such meeting.
(b) Every matter referred to the members by circulation under sub-regulation(13)
shall be decided by the majority opinion of the members to whom the papers were
circulated, unless the Chairman reserves it for consideration at a regular meeting
to be held later.
(c) In case of equal division of votes or opinions of the members the Chairman
shall have a casting vote or opinion.
(16) (a) The Secretary shall record the minutes of each meeting in a bound-page
book kept for the purpose and copies of such minutes of the meeting shall be
circulated to all members present in India.
(b) The minutes so recorded shall be confirmed at the next meeting of the Board
and singed by the Chairman in token thereof.
(17) (a) The Chairman, in addition to any other powers and duties conferred upon
him under these regulations, shall, -
(i) present all important papers and matters to the Board as early as
possible;
(ii) issue orders for carrying out the decisions of the Board;
(iii) have power to refer, in his discretion, any matter tot he Central
Government for their orders; and
(iv) have powers generally to take such action or pass such ordrs
necessary to implement the decisions of the Board.
(b) The Chairman may, during his temporary absence by reason of leave or
otherwise, authorise any member o the Board to perform all or any of the duties of the
Chairman during such absence.
(c) Unless the Chairman otherwise directs all proceedings of the Board shall be
conducted in camera ad be regarded as confidential].
12.Certificate granted by the Board –(1) Certificates under these regulations shall be
granted by the Board.
(2) Certificates granted by the Board shall be valid throughout the territories to
which these regulations extend, and shall be of the following kinds –
(a) Manager’s first class certificate of competency to manager a
metalliferous mine (in these regulations referred to as a First Class
Manager’s Certificate);](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-90-320.jpg)
![(b) Manager’s second class certificate of competency to manage a
metalliferous mine (in these regulations referred to as a Second Class
Manager’s Certificate);
(c) Surveyor’s certificate of competency to survey the workings of a
mine (in these regulations referred to as a Surveyor’s Certificate);
(d) Mine Foreman’s certificate of competency to carry out inspections
and duties as required under these regulations (in these regulations
referred to as a Forman’s Certificate);
(e) Mining Mate’s certificate of competency to carry out inspections and
duties as required under these regulations (in these regulations
referred to as a Mate’s Certificate);
1[(f) winding engineman’s I Class certificate (in these regulations referred
to as a First Class enginedriver’s Certificate) to drive a winding engine of
any type or class or of such type or class or of such type or class or types
or classes as may be specified in the certificate;
(g) winding engineman’s II class certificate (in these regulations referred
to as a Second Class enginedriver’s Certificate) to drive a winding engine
of any type or class or of such type or class or of such type or class or
types or classes as may be specified in the certificate;
(h) Blaster’s certificate of competency to fire shots in a metalliferous mine
(in these regulations referred to as a Blaster’s Certificate); and
(i) Certificate of competency to test for the presence of inflammable gas
(in these regulations referred to as a Gas-testing Certificate) : Provided
that 2[any of the certificates aforesaid, other than an Engine Driver’s
Certificate and a Gas-testing Certificate] may be restricted to mines having
open-cast workings only and this fact shall be endorsed on the certificate.
13. Examinations and Examiners. – (1) Certificates of competency shall be granted to
successful candidates after such examination and in such form as the Board may
prescribe :
3[Provided that the Board may, subject to the conditions to b specified in the bye-
laws framed for the purpose, exempt any person 4****** from appearing at the
examination or part thereof for the grant of a certificate referred to in regulation 12]
1[Provided further that the Board may, for a period of five years from the date of
coming into force of the Metalliferous Mines (Amendment) Regulations, 1977 and
subject to such conditions as may be prescribed in the bye-law made by the Board for the
purpose, exempt any person, possessing such experience or such qualifications or both in](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-91-320.jpg)
![mining as may be approved by the Board in this behalf, from appearing at the
examination or part thereof for the grant of a certificate referred to in regulation 12.]
(2) The examinations shall be held at such times and at such centres as may e
fixed by the Board, and shall be conducted by examiners appointed by the Board.
(3) The examiners so appointed shall be subject to the orders of the Board in
respect of all matters relating to the conduct of the examinations, and shall receive such
remuneration as the Board, with the sanction of the Central Government, may fix.
(4) The Board may make 2bye-laws as to the conduct of the examinations and as
to the granting o certificates of competency and of fitness as required under these
regulations, and shall, so far as may e practicable; provide that the standard of knowledge
required for the grant of certificates of any particular class and the standard of medical
fitness shall be uniform throughout the territories to which these regulations extend.
Every bye-law made by the Board under this regulation shall be published in the Official
Gazette; and no such bye-law shall have effect until three months after the date on which
it was so published.
14. Submission of applications – (1) Applications for an examination conducted by the
Board shall made on a form supplied for the purpose.
(2) Notice regarding the date and place of the examinations for the Manager’s and
Surveyor’s certificates shall be published under the order of the Board, in such
periodicals as the Board may direct, not less than 60 days prior to the date fixed by the
Board for receiving applications. The closing date for receipt of applications shall not be
less than 60 days prior to the date fixed for the examination.
15. Age and general qualifications etc. of candidates – (1) (a) No person shall be admitted
as a candidate at any examination held by the Board unless he is 3[20 years of age].
(b) No person shall be admitted as a candidate at any examination for a
Manager’s, Surveyor’s, Foreman’s, Mate’s or Blaster’s Certificate unless he holds a
valid first-aid certificate or the standard of the St. John Ambulance Association (India):
Provided that if any candidate satisfied the Board that he has not had sufficient
opportunity to obtain such first-aid certificate, the Board may admit him to the
examination on such conditions, if any, as it thinks fit to impose.
(d) Every application for any examination as aforesaid shall be accompanied by :-
(i) A certificate of age granted by a Gazetted Officer or by the head
master of a school or a Higher Secondary or equivalent standard;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-92-320.jpg)
![Provided that in the case of a person holding a matriculation or
equivalent certificate, such certificate shall be submitted as
evidence of age;
(ii) a medical certificate obtained not more than two year prior to the
date of this application, from a qualified medical practitioner not
below the rank of a Civil Assistant Surgeon, or from a Certifying
Surgeon certifying the candidate to be free from deafness,
defective vision or any other infirmity, mental or physical, likely to
interfere with the efficiency of his work; and
(iii) a certificate from some person of good repute as to the general
good conduct and sobriety of the candidate.
(2) 1[After the 31st
December, 1961] no person shall be admitted as a candidate at
any examination for a Manager’s or Surveyor’s Certificate unless he has passed
the matriculation examination of a recognised university, or its equivalent, and for
a Foreman’s, Mate’s Engine-driver’s or 2[Blaster’s] Certificate unless he satisfies
the Board that he is literate :
3[Provided that nothing in this sub-regulation shall be deemed to debar a
person, not satisfying the provisions thereof, from being admitted at such an
examination after the said date, if he had been admitted at a similar examination
before that date].
4[(3)(a) No person shall be admitted as a candidate of an examination for
a Manager’s or Foreman’s Certificate, which is not restricted to mines having
opencast working only, unless he has obtained a Mate’s certificate not so
restricted and a Gas-testing Certificate and no person shall be admitted as a
candidate at an examination for Manager’s or foreman’s Certificate restsricted to
miens having opencast workings only, unless he has obtained a Mate’s
Certificate;
Provided that this clause shall not apply –
(i) to a candidate for a Manager’s Certificate, if he already
holds a Foreman’s Certificate granted under regulation 22
or 23; and
(ii) to a candidate for a Manager’s First Class Certificate, if he
already holds a Manager’s Second Class Certificate granted
under regulation 22 or 23.
(b) Notwithstanding anything contained in clause (a), if a candidate satisfied the
Board that he did not have sufficient opportunity to obtain a Mate’s or Gas-testing
Certificate, the Board may admit him to the examination for a Manager’s or
Foreman’s Certificate on such conditions if any, as it may think fit to impose].
16. Practical experience of candidates for Manager’s Examinations – (1) No person shall
be admitted as a candidate at any examination for a First or Second Class Manager’s](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-93-320.jpg)
![Certificate (other than an Exchange or Service Certificate to which the provisions of
Regulations 22 and 23 respectively apply), unless he has satisfied the Board that he has
had practical experience in a metalliferous mine for a period of not less than five and
three years respectively :
Provided that –
(a) in the case of a candidate who has received 5[a diploma or degree in
mining or mining engineering or other equivalent 6[qualification]
approved in that behalf by the Central Government, such period shall
be reduced to three and two years, respectively; and
(b) in the case of a candidate who has received 5[a certificate, diploma or
degree in applied geology, civil, mechanical or electrical engineering,
or other equivalent 6[qualification] approved in that behalf by the
Central Government, such period shall be reduced to four and two and
a half years, respectively.
(2) The nature of the practical experience required of a candidate for a Manger’s
Certificate shall be experience approved by the Board and gained in one or other
of the following capacities in a metallifeous mine having an average employment
of not less than 60 in workings belowgroud or not less than 160 in all in the mie
7[or in such other 8(mines) as the Boad may approve in this behalf] –
(a) as a workman, or a mining apprentice having direct practical
experience of getting ore and of store work, timbering and repairing ;
or
(b) as an official in respect of mining operations :
9[Provided that out of the period of experience required under sub-
regulation(1) from candidates for the examination of –
(i) First Class Manager’s Certificate, not restricted to mines
having opencast workings only, a period of not less than
eighteen months should have been spent in the working
below ground of a mine.
(ii) Second Class Manager’s Certificate, not restricted to mines
having opencast workings only, a period of not less than
twelve months should have been spent in the working
below ground of a mine.
10[Provided further that the Board may approve a part of the period of the
experience gained while engaged in inspection, rescue, research, planning
or any other work, connected with mining operation, so however, that, the
aforesaid period shall not, inclusive of the period of experience in coal
mines approved under regulations 19, exceed one year in case of 1[Second
Class] and one and half years in a First Class Manager’s Certificate].](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-94-320.jpg)
![2[17. Practical experience of candidates for Surveyor’s Examination – No person shall be
admitted as a candidate at any examination for a Surveyor’s Certificate unless he has
satisfied the Board that he has had not less than two year’s practical experience of
surveying of a type approved by the Board, In case of candidates for a certificate which is
not restricted to mines having opencast workings, the said experience shall include
practical experience for a period of not less than six months of surveying the workings
belowground of a mine having an average employment of not less than 60 in workings
below ground or such other mines as the Board may approve in this behalf :
Provided that the aforesaid period of two years shall be reduced to six months in
case of candidate who has received a certificate, diploma or degree in mining or mining
engineering, mine surveying, or civil engineering or other equivalent qualification
approved in that behalf by the Central Government, subject, however, to the condition
that in case of a candidate for a certificate which is not restricted to mines having
opencast workings, the said six months experience should have been gained in workings
below ground of a mine as aforsiad.]
3[18. Practical experience of candidates for Mate’s and Blaster’s Examinations. (1) No
person shall be admitted as a candidate at any examination for a Mate’s Certificate unless
the Board is satisfied that he has had practical experience and training in a metalliferous
mine for a period of not less than three year :
Provided that the said period shall be reduced –
(a) to two years in the case of a candidate who has received a diploma or
certificate in mining subjects or other equivalent qualification after a
course of at leas two years’ duration approved in that behalf by the
Central Government 4[or who received has a degree in applied
geology or in civil, mechanical or electrical engineering or other
equivalent qualification approved in that behalf by the Central
Government] ; and
(b) to one year in the case of a candidate who has received a diploma or
degree in mining or mining engineering or other equivalent
qualification approved in that behalf by the Central Government .
(2) No person shall be admitted as a candidate at any examination for a Blaster’s
Certificate unless the Board is satisfied that he has had practical experience and
training in a metalliferous mine for a period of not less than two years, of which
not less than six months shall be experience and training in connection with shot-
firing :
Provided that the said period shall be reduced :
(a) to one year (including not less than four months in shot-firing)
in the case of a candidate who has received a diploma or
certificate in mining subjects or other equivalent qualification](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-95-320.jpg)
![after a course of at least two years’ duration approved in that
behalf by the Central Government 4[or who has received a
degree in applied geology or in civil, mechanical or electrical
engineering or other equivalent qualification approved in that
behalf by the Central Government] and
(b) to six months (including not less than two months in shot-
firing) in the case of a candidate who has received a diploma or
degree in mining or mining engineering or other equivalent
qualification approved in that behalf by the Central
Government.
(3) The nature of practical experience required of candidates for the aforesaid
examinations shall be experience of such a type as may e approved by the Board.]
19. Approval of experience of candidates for Engine-drive’s Certificates. – In the case of
a candidate part of whose experience has been obtained in a coal mine, the period of
practical experience in a metalliferous mine as prescribed in 6[regulations 16,17 and 18]
may be reduced by the Board to such an extent and subject to such conditons as it may
specify.
20. Practical experience of candidates for Engine-driver’s Certificate – No person shall
be admitted as a candidate at any examination for an Engine-driver’s Certificate unless he
has satisfied the Board that he has had practical experience of driving a winding engine
or as an assistant to a qualified winding enginedriver for a period of at least one year :
Provided that no person shall be permitted to appear at any examination for a I
Class Engine Driver’s Certificate unless he holds a II Class Engine Driver’s certificate.
1[21 Examination fees – (1) Fees on the following scale shall be paid in respect of every
application for admission to an examination :-
Rs
(a) in the case of an examination for a First Class Manager’s Certificate 50
(b) in the case of an examination for a IInd Class Manager’s Certificate 30
(c) in the case of an examination for a Surveyor’s Certificate 20
(d) in the case of an examination for a Foreman’s Certificate 20
(e) in the case of an examination for a Mate’s Certificate 10
(f) in the case of an examination for a I Class Engine Driver’s Certificate 20
(g) in the case of an examination for a IInd Class Engine Driver’s Cert. 10
(h) in the case of an examination for a Blaster’s Certificate 6
(i) in the case of an examination for a Gas testing’s Certificate 4
(2) The Chief Inspector may permit the refund of any fee paid under sub-regulation (1)
where the candidate has died before the examination or where the fee has been
erroneously paid.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-96-320.jpg)
![(3) Except as aforesaid examination fee paid shall not once be refundable.
22. Exchange Certificates – (1) The Board may grant to any person holding a Manger’s
Surveyor’s, Overman’s or Foreman’s, Sirdar’s or Mate’s or Engine-driver’s or shotfirer’s
or Blaster’s Certificate granted under any Act for the regulation of mines for the time
being in force in any other country, a certificate of similar class under these regulations if
he 2[ possesses such practical experience and] passes such examination as the Board may
stipulate :
Provided that a candidate fo the grant of a Manger’s Exchange Certificate shall
also satisfy the Board that he has undergone, for a period of not less than six months, a
course of practical training in India in the manner and in the mines approved by the Chief
Inspector for the purpose. Before the commencement of his practical training in India as
aforesaid, every such candidate shall submit to the Chief Inspector an application in a
form supplied for the purpose.
(2) The Board may grant to any person holding a certificate referred to in sub-
regulation (1) granted under the Coal Mines Regulations made under the Act a similar
certificate under these relations if he 3[possesses such practical experience and] passes
such examination as the Board may stipulate :
4[Provided that the Board may, subject to such conditions as it may specify,
exempt any person from appearing at the examination or part thereof, for the grant of an
Exchange Certificate].
5[(2-A) An Exchange Certificate other than a Winding Engine drive’ or Blaster’s
Certificate granted under sub-regulation (1) or (2) may be restricted to mines having
open-cast working only, and in such a case the certificate shall contain an endorsement to
that effect].
(3) Every application for the grant of an Exchange Certificate under this
regulation shall be accompanied by :
(i) a medical certificate obtained not more than two years prior to the date of
his application, from a qualified medical practitioner not below the rank of
a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the
candidate to be free from deafness, defective vision or any other infirmity,
mental or physical likely to interfere with the efficient discharge of his
duties ; and
(ii) a certificate from some person of good repute as to the general good
conduct and sobriety of the candidate.
(4) Fees on the scale laid down in regulation 21 shall be paid in respect of every
examination under the regulation.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-97-320.jpg)
![23. Service Certificate – (1) The Board may grant, until such 5date as may be notified by
the Central Government for the purpose in the Official Gazette without written
examination;
(a) a Manager’s Certificate to any person –
1(i) who has attained the age of 35 years and wo satisfied the Board that he
has worked, for a period of not less than eight years in the case of an applicant
for First Class Manger’s Certificate and six years in the case of an applicant
for the Second Class Manager’s as an Assistant Manager, underground
manager, or manager or in any capacity accepted by the Board as equivalent
or superior thereto in the planning, control and direction of mining operations
of metalliferous mines of of a type approved by the Board if he passes a viva
voce examination in such subjects as the Board may specify ; or]
2[(I-A) who has attained the age of thirty years and has received a diploma or
certificate in mining or mining engineering or an Honours or a Master’s
Degree in Geology or other equivalent qualification, approved in the behalf by
the Central Government, if he satisfied the Board that he has had such
practical experience as complies with the provisions of sub-regulation (2) of
regulation 16 for a period of not less than eight years, in the case of a First
Class Manager’s Certificate and six years, in the case of Second Class
Manager’s Certificate and if he passes a viva voce examination in such subject
as the Board may stipulate :
Provided that practical experience for period of not less than three of the
eight years in the case of a First Class Manager’s Certificate and for a period
of not less than two of the six years in the case of Second Class Manager’s
Certificate shall be in the capacity of an assistant manager or under manager
or manager or in a capacity accepted by the Boards are equivalent or superior
thereto in the control and direction of mining operation in mins of a size
approved by the Board];
(iii) who has attained the age of 25 years and has received 3[a diploma,
certificate or degree in mining engineering, applied geology, civil,
mechanical, or electrical engineering or other equivalent qualification]
4approved in this behalf by the Central Government, if he satisfied the
Board that he has had practical experience of the nature approved by the
Board for periods of not less than five years for a First Class Manager’s
Certificate and three years for a Second Class Manager’s Certificate and if
he passes a viva voce examination in such subjects as the Board may
stipulate :
Provided that not less than two years and one year respectively, of
the said practical experience shall have been obtained in
metalliferous mines in India;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-98-320.jpg)
![For the purpose aforesaid only such experience shall be
approved, as complies with the provisions of regulation 16(2), or is
experience in the capacity of a manager or in a superior capacity in
the control and direction of mining operations ;
5[(b) a Foreman’s, Mate’s or Blaster’s Certificate to any person–
(i) who has attained the age of 25 years and who satisfies the Board
that he has worked in the capacity of mine foreman, a mining mate
or a blaster, as the case may be, in a metalliferious mine in India
for a period of not less than three years in the case of a certificate
restricted to miens having open-cast workings only and not less
than four years in case of a certificate not so restricted and has
passed such viva voce examination as the Board may stipulate;
(ii) who has attained the age of 23 years and has received a diploma or
certificate in mining or mining engineering or other equivalent
qualification approved under sub-clause (iA) of clause (a) or a
degree in geology from any recognised university, if he satisfied
the Boad that he has had such practical experience for a period of
not less than two years in the case of a certificate restricted to
mines having open-cast workings only and not less than three years
in the case of a certificate not so restricted as has been specified in
sub-regulation(2) of regulation 16 or in the capacity of a manager
or in a capacity accepted by the Board as equivalent or superior
thereto in the planning, control and direction of mining operations
in metalliferous mines of a type approved by the Board and if he
passes such viva voce examination as the Board may stipulate; or
(iii) who has attained the age of 21 years and has received a diploma,
certificate or degree in mining engineering, applied geology, civil,
mechanical or electrical engineering or other equivalent
qualification approved under sub-clause (ii) of clause (a), if he
satisfied the Board that he has had such practical experience for a
period of not less than one year in the case of a certificate
restricted to mines having open-cast workings only and not less
than two years in the case of a certificate not so restricted as has
been specified in sub-regulation (2) of regulation 16 or in the
capacity of a manager or in a capacity accepted by the Board as
equivalent or superior thereto in the planning, control and direction
of mining operation in metalliferous mines of a type approved by
the Board and if he passes such viva voce examination as the
Board may stipulate].](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-99-320.jpg)
![(2) Any Service Certificate granted under sub-regulation (1) may be restricted to
miens having open-cast workings only; and this fact shall be endorsed on the
Certificate.
(3) Every application for the grant of a Service Certificate under this sub-
regulation shall be accompanied by :
(i) a certificate of age granted by a Gazetted Officer of the Central
Government or by the head-master of a school of a Higher
Secondary or equivalent standard or by a qualified medical
practitioner no below the rank of a Civil Assistant Surgeon ;
Provided that in case of a person holding a matriculation or
equivalent certificate, such certificate shall be submitted as
evidence of age ;
(ii) a medical certificate obtained not more than two years prior to the
date of his application, from a qualified medical practitioner not
below the rank of a Civil Assistant Surgeon or from a Certifying
Surgeon, certifying the candidate to be free from deafness,
defective vision or any other infirmity, mental or physical, likely to
interfere with the efficient discharge of his duties; and
(iii) a certificate from some person of good repute as to the general
good conduct and sobriety of the candidate.
(4) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.
24. Service Certificate for Surveyors. – (1) The Board may grant, until such date as may
be notified by the Central Government for the purpose in the Official Gazette, a
Surveyor’s (restricted to metalliferous mines) to any person –
(i) 1[who has attained the age of 30 years and who satisfied the Board that he
has worked as surveyors of metalliferous mines in India for a period not
less than six years, and has had practical experience in surveying of the
nature approved by the Board, if he passes such viva voce examination as
the Board may stipulate; or]
(ii) who has attained the age of 25 years and has received 1[certificate,
diploma or degree in mining, mining engineering, mine surveying or civil
engineering or other equivalent 2qualification] approved in this behalf by
the Central Government, if he satisfied the Board that he has had practical
experience in surveying of the nature approved by the Board for a period
of not less than two years (including not less than six months in the
workings belowground of a metalliferous mine in India) and if he passes
such viva voce examination as the Board may stipulate.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-100-320.jpg)
![[NOTE- Any service certificate granted under this sub-regulation may be
restricted to mines having opencast workings only, and such restriction shall be
endorsed on the certificate].
(2) Every application for the grant of a Service Certificate under this sub-regulation shall
be accompanied by :
(i) a certificate of age granted by a Gazetted Officer of the Government or by
the head-master of a school of a Higher Secondary or equivalent standard
or by a qualified practitioner not below the rank of a Civil Assistant
Surgeon :
Provided that in case of a person holding a matriculation or
equivalent certificate, such certificate shall be submitted as
evidence of age;
(ii) a medical certificate obtained not more than two years prior to the date of
his application, from a qualified medical practitioner not below the rank of a Civil
Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from
deafness, defective vision or any other infirmity, mental or physical, likely to interfere
with the efficient discharge of his duties; and
(iii) a certificate from some person of good repute as to the general good
conduct and sobriety of the candidate.
(3) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.
25. Validity of old Certificates – Any Engine-driver’s or Blaster’s Certificate granted
under the Mysore Gold Mines Regulations, which is valid at the commencement of these
regulations shall be deemed respectively to be the equivalent of an Engine-driver’s or
Blaster’s Certificate granted under these regulations.
26. Duplicate Certificates – If any person proves to the satisfaction of the Board that he
has, without any fault on his part, lost or been deprived of a certificate granted to hi,
under these regulations, the Board may, upon realisation of the following fees and subject
to such terms and conditions as it thinks fit, cause a copy of the certificate to be delivered
to him –
(a) in the case of a Manager’s or Surveyor’s Certificate Rs. 5
(b) in the case of any other certificate Rs. 2
The word “DUPLICATE” shall be stamped across every such copy.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-101-320.jpg)
![a reasonable opportunity to cross-examine the witnesses (other than those
produced by him.). The Regional Inspector also may cross-examine the
delinquent and the witnesses produced by him.
(3) If as a result of the enquiry the Regional Inspector is of the opinion that the
delinquent is not fit to hold the certificate, he shall, within fifteen days from
the date of the conclusion of his enquiry, submit a report to the Chairman of
the Board together with his findings, notes of evidence recorded during the
enquiry and other relevant records. After considering such report, evidence
and records, the Chairman may without any further reference to the Board
suspend the certificate of the delinquent for a period not exceeding three
months.
(4) Where the Chairman is of the opinion that the suspension of the certificate for
a period exceeding three months or its cancellation is called for, he shall
recommend to the Board accordingly together with the findings of the
Regional Inspector, the notes of evidence and other relevant records. A copy
of such communication addressed to the Board together with the copies of the
notes of evidence and the findings of the Regional Inspector shall also be sent
to the delinquent who may submit his written representation within thirty days
from the date of receipt of such copies.
(5) The Board may, after considering the evidence and other records and the
written representation, if any, submitted by the delinquent, either increase the
period of suspension or cancel the certificate as it deems fit.
(6) Where a certificate is suspended or cancelled under this regulation, the
Chairman of the Board may call for such certificate and make suitable
endorsement threreon.].
30. Validity of Foreman’s, Mate’s, Engine-driver’s, Blaster’s and Gas testing
Certificates, - (1) (a) No Foreman’s , Mate’s, Engine-driver’s, Blaster’s shall remain valid
for a period of more than five years unless the certificate bears an endorsement by the
Regional Inspector to the effect that the holder thereof has, within the preceding five
years, been examined and certified by a qualified medical practitioner appointed by the
Chief Inspector to be free from deafness, defective vision or any other infirmity, mental
or physical, likely to interfere with the efficient discharge of his duties.
(b) An application in respect of an examination of fitness in pursuance of
clause(a) shall be made to the Chief Inspector, accompanied by a fee of
2[fifteen rupees].
3[(2) (a) A medical examination undergone in accordance with rule 29B of the
Mines Rules, 1955 shall also be deemed to be an examination for the purpose of
sub-regulations(1).
(b)The application for endorsement on a certificate by the Regional Inspector
shall be accompanied by the certificate of fitness granted in terms of rule 29B of
the Mines Rules, 1955 and a fee of five rupees.].](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-104-320.jpg)
![31. 4[Retirement age for Managers and Official etc. – (1) No person shall act as a
manger or an official or a blaster or a winding engine man in a mine after attaining the
age of 60 years unless he has obtained, within the preceding one year, a medical
certificate of fitness certifying him fit to carry out the duties prescribed for him in the Act
and in the regulations and orders made thereunder :
Provided that if the Chief Inspector or the Regional Inspector is of the opinion
that a person as aforesaid though less than 60 years’ of age, is medically unfit to carry on
the duties prescribed for him in the Act and in the regulations and orders made
thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing,
exceeding three months as he may specify therein; and no such person shall continue to
act in any capacity as aforesaid after the period so specified unless he has obtained a
medical certificate of fitness.
(2) The medical certificate of fitness as aforesaid shall be obtained from such
authority and in such manner and after the payment of such fees as the Board may
prescribe.
1[31. A. Right of the workers’ representative to inspect the register maintained under the
Mines Rules 1955 – The register maintained in Form ‘B’ under the Mines Rules, 1955
shall be made available for inspection to a workers’ representative duly authorized by the
persons employed in the mine on an application made by him in his behalf].
CHAPTER IV – Inspection and Mine Officials
32. Qualifications of Inspectors – (1) After the coming into force of these regulations, no new person shall
be appointed as Chief Inspector unless he holds a degree or diploma in mining engineer of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under
these regulations.
(2) After the coming into of these regulations, no person shall be appointed as in Inspector unless he holds
a degree or diploma in mining engineering of an educational institution approved by the Central
Government and also a First Class Manager’s Certificate granted under these regulations:
Provided that –
(i) in relation to electrical machinery installed in mines, a persons holding a degree or diploma in
electrical engineering of an educational institution approved by the Central Government may be so
appointed;
(ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a
degree or diploma in mechanical engineering of an educational institution approved by the Central
Government may be so appointed; and
(iii) in relation to the provisions of the Act and of the regulations, and of orders made thereunder,
which relate to matters concerning the health and welfare of persons, a person holding a degree or
diploma in medicine, surgery, and/or social science or labour welfare, as the case may be, of an
educational institution approved by the Central Government 2[or a person holding such other
qualifications as the Central Government may approve in this behalf] may be so appointed.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-105-320.jpg)
![3* * * * * * *
4[33. Definition – For the purpose of these regulations –
(a) all ex
cavations within the mine boundary and all premises, plants, machinery and works as specified in
clause (j) of sub-section (1) of section 2 of the Act shall collectively constitute the mine;
(b) the expression, “average employment” of any mine, means the average per day during the preceding
quarter of the total employment in all excavations and specified ancillary facilities within the specified
mine boundaries (obtained by dividing the number of man days worked by the number of working
days excluding the restdays and other non-working days.]
34. Qualifications and appointment of managers – (1)(a) No mine shall be opened, worked or re-opened
unless there is a manager of the mine, being a person duly appointed and having such qualifications as are
required by these regulations.
(b) No person shall act or be employed as a manager unless he is 23 years of age and is paid by, and is
directly answerable to, the owner or agent of the mine.
(2) Except as hereinafter provided in sub-regulation (6), and subject to the p rovisions of sub-regulation (3),
no person shall act or continue to act, or be appointed, as manager of a mine or mines the average
employment of which corresponds to the figures given in column (I) of the table below unless he holds the
corresponding qualifications given in column (ii) thereof :
(i) (ii)
(a) In excess of 150 in workings belowground or
of 400 in all the mine
(b) In excess of 75 but not exceeding 150 in
workings below ground, or in excess of 150
but not exceeding 400 in all in the mine.
(c) In any other case ……..
A First Class Manager’s Certificate
A First or Second Class Manager’s Certificate
A First or Second Class Manager’s Certificate or
a Managers permit granted under sub-regulation
(5).
Provided that no person shall act or continue to act, or be appointed, as manager of a mine or mines where
work is being carried on by a system of deep-hole blasting and/or with the help of heavy machinery for the
digging, excavation and removal, etc., of earth, stone, mineral or other material unless h e holds a first class
manager’s certificate :
Provided further that where special conditions exist, the Chief Inspector may, by an order in writing, direct
that in the case of any such mine as is referred to in clause (b) of the table, the manager thereof shall be the
holder of a First Class Manager’s Certificate, and that in the case of any such mine as is referred to in
clause (c) of the table, the manager thereof shall be the holder of a First or Second Class Manager’s
Certificate:
Provided further that if any mine undertaking consists of two or more separate mines and if, in the opinion
of the Chief Inspector, they are not sufficiently near to one another to permit of daily personal supervision
being exercised by one manager, he may, by an order in writing, require the appointment of a separate
manager for each of such mines.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-106-320.jpg)
![Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit or require the appointment of assistant managers or underground managers in
variation with these provisions.
NOTE. – For the purpose of this regulation, the expression “assistant manger or underground manager”
shall include persons such as safety officers who hold equivalent qualifications.
36. Appointment of engineers – (1) At every mine where machinery is used, an engineer or other
competent person not less than 23 years of age shall be appointed to hold general charge of such
machinery, and to be responsible for its installation, maintenance and safe working.
Provided that nothing in this sub-regulation shall be deemed to ;prohibit the employment of two or
more engineers or competent persons at one mine so long as the jurisdiction and sphere of responsibility of
every such engineer or competent person is defined by the manager in his letter of appointment :
Provided further that after such date as the Central Government may notify in this behalf in the Official
Gazette, no person (unless he holds 1[a degree or diploma in mechanical engineering or equivalent
qualification] approved for the purpose by the Central Government) shall, except with the previous
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be
appointed in an open cast mine worked by heavy earth-moving machinery in which the aggregate h.p. of all
the machinery used exceeds 750, or in any other mine in which the aggregate h.p. of all the machinery used
exceeds 250.or shall continue to act asan engineer or competent person as
(2) A notice of every such appointment, giving the name and full particulars of the qualifications and
experience of the person so appointed, shall be sent to the Regional Inspector within seven days of
such appointment :
(3) No person shall undertake the duties of an engineer of more than one mine without the previous
permission in writing of the Regional Inspector and subject to such conditions as he may specify therein.
The Regional Inspector may at any time, by an order in writing, vary or revoke such permission.
(4)Where by reason of temporary absence by any cause, the engineer, or competent person appointed under
sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he
considers competent to act in his place:
Provided that –
(a) notice of every such authorisation shall be sent to the Regional Inspector forthwith;
(b) no such authorisation shall have effect for a period in excess of 30 days except with the previous
written consent of the Regional Inspector and subject to such conditions as he may specify therein; and
(c) the Regional Inspector may by an order in writing, revoke any authority so granted.
37. Appointment and qualifications of senior officials – (1)(a) At every mine, one or more overman shall
be appointed to hold charge of the different districts of the mine on each working shift.
(b) The mine or district assigned to a Forman shall not be of such a size, nor shall any additional duties
other than his duties under thes e regulations be such, as are likely to prevent him from carrying out in a
thorough manner the duties prescribed for him under these regulations and in case any doubt arises as to the
foregoing duties it shall be referred to the Chief Inspector for decision.
(2) Every person employed under sub-regulation (1) (a) as an official subordinate to the manager or to an
assistant manager or underground manager and superior to the Mining Mate shall hold either a Manager’s
Certificate or an Forman’s Certificate.
38. Appointment of surveyors – (1) At every mine having workings belowground and at such other mines
or classes of mines as may be notified from time to time by the Central Government a person not less than](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-109-320.jpg)
![communication shall be provided and maintained between the end of every such system and the bottom and
top of the shaft or the entrance to the mine as the case may be :
Provided that where travelling is unduly arduous, the Regional Inspector may, by an order in writing,
require the provision and maintenance of telephonic communication in any other case also.
(c) Where telephones or electrical signals are provided -
(i) adequate precautions shall be taken to prevent signal and telephone wires coming into contact with
other cables and electrical apparatus;
(ii) signal wires shall be supported on insulators, and shall not be energised at more than 30 volts;
(iii) contact makers shall be so constructed as to prevent accidental closing of the circuit; and
(iv) in every gassy seam of the second or third degree], all signalling or telephonic communication
circuit shall be constructed, installed, protected, operated and maintained in such a manner as be
intrinsically safe.
(5) At places where telephone receivers are installed or where signals and safety
contrivances are regularly operated, every person using the telephone or operating any
such signal or safety contrivance shall be afforded adequate protection against tubs
moving out of control.
(6)(a) Where any person is allotted to work or pass while the haulage is in motion, manholes for refuge
shall be provided at intervals of not more than 10 metres:
Provided that where the gradient is less than 1 in 6 such manholes may be provided at intervals of not more
than 20 metres.
(b) Manholes shall be not less than 1.8 metres in height and 1.2 metres in depth, and not less than 0.75
metres but not more than one metre in width:
Provided that the Regional Inspector may, by an order in writing and subject to such condition as he may
specify therein, permit the use as manholes or cross -roadways other than haulage roadways, of dimensions
larger than those aforesaid.
(c) Every manhole shall be kept clean and clear of obstruction, and white washed both inside and for a
distance of not less than 0.3 metres around the aperture.
(d) As far as practicable, all manholes shall be provided on one side of the haulage roadway.
(e) In case where there are serious practical difficulties in providing manholes as specified in clauses (a)
and (b), the Regional Inspector may, by an order in writing and subject to such conditions as he may
specify therein, permit manholes to be at greater intervals or of other dimensions.
(f) Except where haulage is effected by means of an endless rope or chain, whenever the haulage rope is in
motion, every person on the haulage roadway shall take shelter in a manhole.
(7) The manager or assistan manager or underground manager shall, by an order in writing, in respect of
every haulage road or roadway, fix the maximum number of tubs, according as to whether they are loaded
or not loaded, that may be coupled together to run as a set or train. A notice specifying the number of tubs
so fixed shall be posted prominently at the top and at all regular stopping places of the haulage road or
roadway.
(8) At all places where tubs are coupled or uncoupled, there shall be a clear space of not less than one metre
–](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-142-320.jpg)
![Provided that where the ore-body consists of comparatively hard and compact rock, the Regional
Inspector may, by an order in writing an subject to such conditions as he may specify therein, permit the
height of the bench to be increased up to 7.5 metres while its width is not less than six metres :
Provided further that in case of a mine or part where special difficulties exist, the Chief Inspector
may, by an order in writing an subject to such conditions as he may specify therein, relax the provisions of
this sub-regulation.
(b) Where in any mine or part it is proposed to work by a system of deep-hole blasting and/or with the help
of heavy machinery for its digging, excavation and removal in such manner as would not permit of
compliance with the requirement of sub-regulation (1) the owner, agent or manager shall, not less than 60
days before starting such work, give notice in writing of the method of working to the Chief Inspector and
the Regional Inspector; and no such work shall be commenced o carried out except in accordance with such
conditions as the Chief Inspector may specify by an order in writing. Every such notice shall be in
duplicate, and shall give the details of the method of working including the precautions that are proposed to
be taken against the anger from falls of sides and material.
(3) In an excavation in any hard and compact ground or in prospecting trenches or pits, the sides shall be
adequately benched, slopped or secured so as to prevent danger from fall of sides.
(4) No tree, loose stone or debris shall unless otherwise permitted in writing by the Chief Inspector be
allowed to remain within a distance of three metres from the edge or side of the excavation.
(5) No person shall undercut any face or side or cause or permit such undercutting as to cause any
overhanging.
107 Underground workings. – In every mine worked by a system of workings below ground, the following
provisions shall have effect, namely –
(1) Unless otherwise permitted by the Regional Inspector by an order in writing and subject to such
condition as he may specify therein, the height of every main drive shall b not less than 1.8 metres.
(2) The dimensions of pillars or blocks formed in any vein, load, reef or mineral bed or deposit shall be
such as to ensure stability of the workings during the development and stoping stages ad between such
stages.
1[(3) No extraction or splitting or reduction of pillars or blocks of minerals shall be commenced,
conducted or carried out except with the prior permission in writing of the Chief Inspector and in
accordance with such conditions as he may specify therein. An application for such permission shall be
accom-anied by an up-to-date plan of the area where the pillars or blocks of mineral are proposed to be
extracted or reduced, showing the proposed extent of extraction or reduction, the manner in which such
extraction or reduction is proposed to be carried out, the thickness and other characteristics of the mineral
deposit, the rate and direction of general dip and of the pitch of the vein, the nature of hangwall, and
footwall, the stoping width, the depth of the workings, and such other particulars as the Chief Inspector
may require. A copy of the application and the plan shall simultaneously be sent to the Regional Inspector.
(3-A) The operations of extraction, splitting and reduction of pillars or blocks of mineral shall be
commenced, conducted or carried out in such a manner as to prevent, as far as possible, the extension of a
collapse in the stoped-out area over-riding the pillars or blocks of minerals that have not been extracted].
(4) Nothing in sub-regulation (3) shall prevent the spilitting or reduction of any pillar or block of mineral
bed or deposit where, in the opinion of the manager such work is necessary for haulage, ventilation,
drainage or any other purpose necessary for the proper working of the mine, if 14 days’ previous notice in
writing of the intention to commence such work has been given to the Regional Inspector. Every such
notice shall be accompanied by an offset plan showing details of the operation. If in the opinion of the](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-147-320.jpg)
![administration concerned; and in the case of any public works as aforesaid, in such authority as the Central
Government may by general or special order direct.
(3) Notwithstanding anything contained in the regulations, the stability of such railway, road, works,
building or structure shall not be endangered until it has been dismantled, diverted or vacated, as the case
may be.
(4) Where the stability of such railway, road, works, buildings or structure has been endangered due to any
mining operations, the Chief Inspector may, by an order, in writing, require the owner to construct in the
mine belowground or on the surface such protective works within such time as he may specify in the order.
110. Protective works before a mine is closed – [(1) The Chief Inspector may, by an order in writing,
require the owner of any mine to which regulation 6 applies, to construct in the mine belowground or on
the surface such protective works within such time as he may specify therein.
(2) If the owner fails to construct such protective works within the time specified in the order, the Chief
Inspector may get the works executed by any other agency, and the cost thereof, as certified by the Chief
Inspector shall be defrayed by the owner of the mine and recoverable from him as an arrear of land
revenue.
(3) Until the protective works have been constructed to the satisfaction of the Chief Inspector, the means of
entering the mine at not less than two entrances shall be kept intact and in working order.
111. Working near mine boundaries – 2[(1) The owner, agent or manager of every mine shall fixed
boundaries of the mine. Notwithstanding anything contained in sub-regulation (2), the shall not be changed
except with the permission of the Chief Inspector in writing and subject to such conditions as he may
specify therein].
3[(2)] No working shall be made within a distance of 7.5 metres of the boundary of any mine and, in case
of a disputed boundary, no working shall be made within a distance of 7.5 metres of the boundary claimed
by the owner of an adjacent mine until such time as a binding agreement has been reached as to the correct
boundary or the question has been finally determined by a court of law:
1[Provided further that, where the workings of any 2[mine], for any reason, are extended or get extended
within any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in
writing, require the owner to construct such protective works within such time as he may specify in the
order].
3[(3)] Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in
writing and subject to such conditions as he may specify therein, permit the workings of any mine or part
thereof to extend within any shorter distance than 7.5 metres aforesaid, or may require that the said working
shall not extend further than a specified distance, not exceeding 60 metres, of such boundary.
112. Support of workings. – (1) The roof or back, hanging wall, footwall and sides of every roadway and
working place, including airways and travelling roadways to second outlets, shall be made and kept secure.
(2)(a) If the Regional Inspector is of the opinion with respect to any mine or part thereof that systematic
support for the roof or back hanging wall, footwall and sides, or either, or them, ought to be provided an
maintained for the purpose of securing the safety of persons employed therein, he may serve upon the
owner, agent or manager an order in writing specifying the mine or part, stating that he is of opinion
aforesaid and requiring the provision and maintenance of support in accordance with a code of Timbering
Rules which he may specify in the order.
(b)The manager shall hand over copies of the code of Timbering Rules to the assistant manager, the
underground manager and to all other supervising officials concerned, and shall also post such copies at
conspicuous places in the mine.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-149-320.jpg)
![(b) cause –
(j) sorting, separation, grading, mixing, compression and packing of asbestos fibres and
collection and disposal of waste including filtered dust to be carried out in such a manner that
asbestos dust does not escape into air ;
(ii) All machinery, plant, work premises and all internal surfaces of the
building where milling operations are carried on to be maintained in clean state
and free of asbestos waste. Such cleaning shall be carried out by means of a
vacuum cleaner or by some suitable exhaust draught ad persons undertaking these
operations or present thereat shall be provided with and wear appropriate
respiratory equipment and protective clothing;
(iii) asbestos fibres to be packed in impermeable bags;
(iv) cautionary notices, in language or languages understood by the majority of work
persons with standard warning symbol to be prominently displayed at every such
place were milling of asbestos is carried on and where the ‘permissible limit’ of dust
exposure is likely to be exceeded, to warn the per
sons as to the hazards to health
from asbestos dust, as to the need for the use of protective clothing and of
appropriate dust respiratory by persons entering therein and as to the synergistic
effect on the hazards of smoking cigarettes, beedis, cigars, etc. and occupational
exposure to asbestos dust.
(8) The manager of every mine where airborne dust is generated, shall formulate and implement a
scheme specifying –
(a) the location, frequency, timing duration and pattern of sampling ;
(b) the instruments and accessories to be used for sampling ;
(c) the laboratory at which respirable dust content of samples and quartz content shall be
determined ;
(d) the format in which the results of measurements of dust concentration and other particulars
have to be recorded ;
(e) the organization for dust monitoring and for the examination and maintenance of dust
prevention and suppression measures and dusts respirators ; and
(f) the manner of making all persons concerned with the implementation of the dust control
measures fully conversant with the nature of work to be performed by each in that behalf.
(9) The Regional Inspector may, where special conditions exist, permit, or require by an order in
writing and subject to such conditions as he may specify therein, any variation in the foregoing
provisions or in the manager'’ scheme.
(10) If any doubt arises as to any matter referred to in this regulation, it shall be referred to the Chief
Inspector for decision]1.
125. Precautions against irruption of gas – Where any working is extended to within 30
metres of any stoped-out area or disused workings containing or likely to contain an
accumulation of inflammable or noxious gases, there shall be maintained at least one
bore-hole not less than 1.5 metres in advance of the working. The operation of drilling
the bore hole shall be carried out under the supervision of a competent person; and where](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-161-320.jpg)
![(a) unless he has taken the precautions laid down in sub-regulation (1).
(b) Unless sufficient warning, by efficient signals or other means
approved by the manager, is given over the entire area falling within a
radius of 300 metres from the place of firing (hereinafter referred to as
the danger zone) an also he has ensured that all persons within such
area have taken proper shelter, and
(c) Where any part of a public road or railway lies within the danger zone,
unless two persons are posted, one in either direction at the two
extreme points of such road or railway which f
all within the danger
zone who have, by an efficient system of telephonic communication or
hooter or loudspeakers or other means approved by the Chief Inspector
or Regional Inspector intimated clearance of traffic to the blaster and
have also warned the p
assers by and whenever possible the vehicle
also, if any, which have passed by such road or railway :
Provided that if blasting is done in such a manner approved in writing,
by the Chief Inspector or Regional Inspector , that the flying fragments
from blasting cannot project beyond a distance of ten metres from the
place of firing, the provisions of clauses (b) and (c) need not be
complied with,
(1-B) (a) In the case of an opencast working, where any permanent building or
structure of permanent nature, not belonging to the owner, lies within the danger zone,
the aggregate maximum charge in all the holes fired at one time shall not exceed two
kilograms unless permitted in writing by the Chief Inspector of the Regional Inspector
and subject to such conditions as he may specify therein :
Provided that if blasting is done with delay detonators or other means an that there
is a delay of at least half a second between successive shots fired, a maximum charge of
two kilograms can be used in each hole;
Provided further that if the shortest distance from the place of firing to any part
of such building or structure is less than 50 metres irrespective of the amount of the
charge, no blasting shall be done except with the permission in writing of the Chief
Inspector or the Regional Inspector and subject to such conditions as he may specify
therein.
(b)Notwithstanding anything contained in clause (a) the Chief Inspector may, by an
order in writing and subject to such conditions as he may specify, exempt any mine
or part thereof from the operation of all or any of the provisions of clause (a) on the
ground that the observance of its provisions is not necessary or reasonably
practicable on account of the special conditions existing thereat].
(2) Where the workings, either above or belowground, offer insufficient
protection against flying fragments or missiles, adequate shelter or other protection shall
be provided.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-181-320.jpg)
![(2) The protective equipment provided under sub-regulation(1) shall be replaced
free of charge by the owner, agent or manager whenever it is rendered unserviceable by
legitimate use. In any other event, the replacement shall be made on payment of full cost.
(3) If any dispute arises as to the life of any protective equipment, it shall be
referred to the Chief Inspector for decision.
182C. Obligation of persons provided with protective equipment. – Whenever any person
is supplied by the owner, agent or manager of a mine with any protective equipment, he
shall use the same while doing the work for which he is supplied with such protective
equipment.]
183.Information about sickness. – Every official or competent person shall, in case of
sickness or of absence, give early and sufficient notice thereof to his superior official or
the underground manager or the assistant manager or the manager, as the case may be, so
that a substitute may be arranged.
184. Man power Distribution Plan. – During the first week of every month, a survey shall
be made of the number of persons normally employed in every district and other places
belowground in the mine; an a sketch plan showing the results of such a manpower
survey, and signed and dated by the manager, shall be kept in the office of the mine and a
copy thereof shall be kept with the attendance clerk.
185. Mining Mates and Mine Foreman. – (1) No person shall be appointed as a
competent person under regulations 37(1), 72, 101, 120(2), 123(4), 135(5), 136(3) and
140(2) unless he is the holder of either a Foreman’s or a Manager’s Certificate :
Provided that in the case of mine having working belowground, the certificate
aforesaid shall be one which is not restricted to mines having opencast workings only.
(2) No person shall be appointed as a competent person under regulations,
116,117,125,128(2)(c), 140(1) and 141, unless he is the holder of either a Mate’s or a
Foreman’s or a Manager’s Certificate :
Provided that –
(a) in the as of a mine having workings belowground, the certificate aforesaid
shall be one which is not restricted to mines having opencast workings only;
and
(b) in the case of a mine to which regulation 142 applies, every person holding a
Mate’s or Foreman’s Certificate shall also hold a Gas-testing Certificate.
186. Delayed application of certain provisions. – The provisions of regulations 32, 34, 35,
37, 38, 160(2), 176(2) and 185 shall not come into force1 in respect of any mine and the
provisions of Regulation 78(1) shall not come into force1 in respect of any mine other](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-189-320.jpg)
![by the manager or assistant manager, safety officers, surveyor and the workmen’s
inspector or, where there is no workmen’s inspector by a work person nominated by the
workers in this behalf :
Provided that, if the place is disturbed or altered to prevent further accident or
rescue persons from danger before the sketch could be prepared, the same shall be
prepared immediately thereafter giving all relevant details as existed before the place was
disturbed or altered.
(3) One of the authenticated sketches shall be delivered or sent to the concerned
inspector or Mines.
190A. Emergency plan. – (1) The manger of every mine having workings below ground
shall prepare a general plan of action for use in time of emergency. The plan shall outline
the duties and responsibilities of each mine official and men including the telephone
operators, so that each person shall know his duties in case fire, explosion or other
emergency occurs. All official and key men shall be thoroughly instructed in their duties
so as to avoid contradictory orders and confusion at the time when prompt and efficient
action is needed. The emergency plan shall also provide for mock rehearsals at regular
intervals.
(2) The manager shall submit a copy of the aforesaid emergency plan prepared by
him to the regional inspector, within 60 days of the coming into force of the Metalliferous
Mines (Amendment) Regulations, 1985, or in the case of a mine which is opened or re-
opened thereafter, within 30 days of such opening or re-opening. The regional inspector
may, by an order in writing approve of such action plan, either in the Form submitted to
him or with such additions and alterations as he may think fit, and the action plan so
approved shall be enforced at the mine.
(3) On receiving information of any emergency, the manager and his absence the
principal official present at the surface, shall immediately put emergency action plan in
operation.]
191. Taking samples from mines. – Where for official purposes, an Inspector considers it
necessary to take samples of any mineral, rope or other material, the owner, agent or
manager shall make over to him such samples in such quantities as he may require.
1[192. * * * * *
193. Chief Inspector etc. to exercise powers of the Regional Inspector. – Any power
granted under these regulations to the Regional Inspector may be exercised by the Chief
Inspector or an Additional Chief Inspector or a Deputy Chief Inspector or any other
Inspector authorised in writing in this behalf by the Chief Inspector.
194. Appeals to the Chief Inspector.- Against an order made by the Regional Inspector
under any of these regulations, an appeal shall lie, within 15 days of the receipt of the](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-191-320.jpg)
![order by the appellant, to the Chief Inspector who may confirm, modify or cancel the
order.
195. Appeals to the Mining Boards or the Central Government. – (1) Against any order of
the Chief Inspector specified below an appeal shall lie, within 20 days of the receipt of
the order by the appellant, to the 2[Committee constituted under section 12 of the Act[]:
(i) Original orders passed under proviso to regulation 34(2), regulation
107(3), regulation 109(1), and regulation 109(4), regulation 110,
regulation 111(2), regulation 123(1), regulation 127(2), and regulation
128(2).
(ii)Orders passed on appeal against Regional Inspector’s orders made under
regulation 108, clause (a) of regulation 112(2), clause (e) of regulation 119(3)
and clause (b) of regulation 123(3) .
(2) Every order of the Chief Inspector, against which an appeal is preferred under
sub-regulation(1) shall be complied with pending the receipt at the mine of the decision
of 3[the committee] :
Provided that 3[the committee] may on application by the appellant, suspend the
operation of the order appealed against pending the disposal of the appeal.
196. Repeal and Saving. – The Indian Metalliferous Mines Regulations, 1926 and the
Mysore Gold Mines Regulations, 1953 are hereby repealed :
Provided that all acts done or orders issued under any of the said regulations shall,
so far as they are not inconsistent with these regulations, be deemed to have been done or
issued under the corresponding provisions of these regulations.
FIRST SCHEDULE
FORM I
(See Regulations, 3,6,7,8)
Notice of opening, closing or change etc.
From
…………………………..
……………………………
To
1. The Chief Inspector of Mines Dhanbad, E.R.
2. The regional Inspector of Mines ………………………..
3. …………………………………………………………..
4. …………………………………………………………..
Sir,](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-192-320.jpg)
![(1) Give types separately.
(2) Give length in metres.
1[TABLE A-I – OUTPUT, DESPATCH AND STOCKOFMICA* (in kilogrammes)
1 2 3 4 5 6
Stock at the
beginning of
the quarter
Output during
the quarter
Sale or Dispatches during the
quarter
Stock at the
end of the
quarter
Consigned by
rail or road
Sold locally
Crude mica
Dressed Mica
Mica Splittings
Waste Mica
Signature of person
Signing the return
INSTRUCTIONS
*If any other mineral, such as beryl, is also produced from the mine, particulars relating to such minerals
shall be given in Table A-II
TABLE A-II – OUTPUT, DESPATCH AND STOCK OF MINEALS OTHER THAN MICA (a)
Mineral
worked (b)
Stock at the
beginning of
the quarter
Output of
mineral (c)
during the
quarter
Sale or dispatches during he
quarter
Stock at the
end of the
quarter
Metal
extracted if
any (b)
For export
market
For home
consumption
Name Qty.
Signature of person
Signing the return
INSTRUCTIONS
(a) The figures should be stated
(i) in the case of gem-stones, in carats ;
(ii) in the case of gold, silver and other precious metals, in grams;
(iii) in the case of alum, amber, asbestos, beryl, graphite, jadestone, stealite, tin-ore, tungsten-ore,
radio active minerals and rare minerals, such as, molybdenite, monazite, pitch blende,
samarskite, tantalite and triplite, and also in case of tin, in kilogrammes; and
(iv) in the case of clay, limestone, magnesite, marble, phosphetic rock, slate, salt and other stone,
and all metalliferous ores except those referred to above, and also in case of other metals, in
tonnes.
(b) If more than one mineralsare raised or metals extracted, separate figures should be given for each one
of them.
(c) If the mineral is dressed, processed or treated before despach, the output of the dressed, processed or
treated mineral (instead of crude ore), as the case may be, should be given].](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-195-320.jpg)
![Places
Inspected
Mines
Act/Metallifero
us Mines
Regulations/Mi
nes
Rules/Section/
Clause number
etc.
Contravention
observed
Action taken
by
Management to
remedy the
contravention
Date of
rectification of
the
contravention
Remarks, if
any
The contraventions mentioned above are not exhaustive. A letter giving the details of other
contravention observed may follow in due course,
Signature of Inspection Officer [Signature of Mine Official]
(IO) accompanying I.O
Date Date
Designation Designation]
2********************
STATUTORY ORDERS ISSUED UNDER THE METALLIFEROUS MINES REGULATIONS, 1961
Approval of Institutions and their degrees, diplomas and certificates under the MMR, 1961
S.O. 2792, dated the 23rd
September, 1963. – In pursuance of the provisions of proviso (b) to sub-
regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the tem as are specified in the
corresponding entry under column II of the said table.
TABLE
I II
Name of Institution Degrees, Diplomas or Certificates awarded
1. Any University in India established by law Degree in applied Geology or in Civil, Mechanical
engineering
2. Indian School of Mines, Dhanbad. (i) Certificate in Geology (Awarded upto
1950-51)
(ii) Diploma of Associateship in Geology
(Awarded upto 1950-51)
(iii) Diploma of Associateship in Applied
Geology,
3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical
Engineering
S.O. 2793, dated the 23rd
September, 1963. – In pursuance of the provisions of proviso (b) to sub-
regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the
corresponding entry under column II of the said table.
TABLE](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-209-320.jpg)
![I II
Name of Institution Degrees, Diplomas, Certificates awarded
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad. (i) Certificate in Metal Mining (Awarded upto
1938-39)
(ii) Diploma of Associateship in Mining Enginering.
1[3. The Institution of Engineers (India)
incorporated by Royal Charter 1935.
Pass in Sections A and B of the Associate
Membership Examination in Mining Engineering
Branch.]
“INDIA” (only for the purpose of Manager’s Certificates restricted to open cast mines)
1. Indian School of Mines, Dhanbad M. Tech. (opencast Mining)
D.I.S.M. (Opencast Mining)
UNITED KINGDOM
1. London University (i) Degree in B.Sc. in Mining for Internal
Students subject to the Degree being
endorsed by the University with a
certificate of four months’ practical
experience in a mine.
(ii) Degree of B.Sc. in Mining for External
Students.
2[2 University of Sheffield Bachelor of Engineering (Mining)
3. Leeds University Degree of B.Sc. in Mining.
4. Birmingham University Degree of B.Sc. in Mining
5. Camborne School of Metalliferous Mining,
Cornwal (England)
Diploma of Associateship in Metalliferous Mining]
6. University of Wales Degree of B.Sc. in Mining Engineering.
U.S.A.
1. Colorado School of Mines Degree in Mining Engineering
3[2. Wisconsin State College and Institute of
Technology, Platteville, Wisconsin
Bachelor of Science in Mining.
1[PORTUGAL REPUBLIC
1. Higher Technical Institute of the Technical
University of Lisbon
Degree in Mining Engineering.
S.O. 2795, dated the 23rd
September, 1963. – In pursuance of the provisions of proviso to regulation 17 of
the Metalliferous Mines Regulations, 1961, the Central Govern ment hereby approves for the purpose of
said regulation the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the
corresponding entry under column II of the said table.
TABLE
I II
Name of Institution Degrees, Diplomas, Certificates awarded](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-210-320.jpg)
![INDIA
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad. (i)Certificate in Coal Mining (Awarded upto 1950 -
51)
(ii) Certificate in Metal Mining (Awarded upto
1938-39)
(iii) Diploma of Associateship in Mining
Enginering.
3. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929)
4. State Council for Engineering and Technical
Education, West Bengal.
Licentiate Diploma in Mining Engineering.
5. Board of Technical Education, Rajasthan,
Jodhper
Diploma in Mining
6. State Council of Technical Education and
Training, Orissa
Diploma in Mining Engineering
7. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
8. Shri Jayachamarajendra Occupational Institute,
Bangalore
Diploma in Mining
9. State Board of Technical Education and Training
, Andhra Pradesh.
Diploma in Mining Engineering
10. State Board of Technical Education (formerly
Technological Examination Board,), Madras
Licentiate in Mining Engineering
11. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying
12.Madhya Pradesh Board of Technical Education,
Bhopal
Diploma in Mining and Mine Surveying
2[13. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying
3[14. Board of Technical Examinations,
Maharashtra, Bombay
Diploma in Mining and Mine Surveying
15. The Institution of Engineers (India) incorporated
by Royal Charter 1935.
Pass in Sections A an B of the Associate
Membership Examination in Mining Engineering
Branch]
5(List of Institution and authorities awarding Degree/Diploma in Mining, after part time course of study)
1. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying (Re -
organised Mining Classes, Bhaga, Dhanbad).
2. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run
by the Directorate of Mines and Minerals,
Government of West Bengal].
I II
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in Civil Engineering
2. All India council of Technical Education National Certificate in Civil Engineering
3.Assam Engineering Institute, Gauhati Certificate in Civil Engineering
4. Bihar College of Engineering, Patna (1) Surveyor’s Certificate
(2) Civil Engineering Subordinate Diploma
5. Board of Technical Education, Kerala Diploma in Civil Engineering
6. Board of Technical Education,
Rajasthan,Jodhpur
Diploma in Civil Engineering
7. Board of Technical Examination, Mysore
(formerly Central Board of Technical Examination,
Mysore)
L.C.E./ Diploma in Civil Engineering
8. Civil Engineering School, Allahabad Overseers Certificate
9. Civil Engineering School, Lucknow Overseers Certificate
10. College of Engineering, Poona Civil Engineering diploma prior to 1950](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-211-320.jpg)
![(ii) Diploma of Associateship in Mining
Engineering)
4[3. “The Institution of Engineers (India)
incorporated by Royal Charter, 1935
Pass in Sections A and B of the Associate
Membership Examination in Mining Engineering
Branch].
UNITED KINGDOM
1. London University (i) Degree in B.Sc. in Mining for Internal
Students. Subject to the Degree being
endorsed by the University with a
certificate of four month’s practical
experience in a mine.
(ii) Degree of B.Sc. in Mining for External
students.
2. University of Sheffield Bachelor of Engineering (Mining)
3. Leeds University Degree of B.Sc in Mining
4. Birmingham University Degree of B.Sc. in Mining
5. Camborrne School of Metalliferous Mining,
Cornwal
Diploma of Associateship in Metalliferous Mining
U.S.A.
1. Colorado School of Mines Degree in Mining Engineering
2. Wisconsin State College and Institute of
Technology, Plattevile, Wisconsin
Bachelor of Science in Mining.
1[PORTUGAL REPUBLIC
1. Higher Technical Institute of the Technical
University of Lisbon
Degree in Mining Engineering]
S.O. 1676, dated the 30th May, 1966. – In pursuance of clause (a) of the proviso to Sub- regulation (1)and
clause (a) of the proviso to sub regulation (2), of regulation 18 of the Metalliferous Mines Regulations,
1961. And in supersession of all the notifications issued on the subject, the Central Government hereby
approves institutions and authorities mentioned in column I of the table below in respect of such diplomas,
certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry
under column II of the said table.
TABLE
I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
1. Board of Technical Education, Rajasthan,
Jodhpur
Diploma in mining.
2. CentralBoard of Technical Examination, Mysore Licentiate in Mining Engineering
3. Madhya Pradesh Board of Technical Education,
Bhopal
Diploma in Mining and Mining Surveying
4. Shri Jayachamarajendra Occupational Institute,
Bangalore
Diploma in Mining
5. State Board of Technical Education and Training,
Andhra Pradesh
Diploma in Mining Engineering
6. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying
7. State Board of Technical Education (Formerly
Technological Diplomas Examination Board),
Madras
Licentiate in Mining Engineering
8. State Council for Engineering and Technical
Education, West Bengal
Licentiate in Mining Engineering](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-214-320.jpg)
![9. State Council of Technical Education and
Training, Orissa
Diploma in Mining Engineering
2[10. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying
3[11. Board of Technical Exsaminations,
Maharashtra, Bombay
Diploma in Mining and Mine Surveying
4[12. Mining Education Advisory Board, Bihar and
West Bengal
Final Merit Certificate
13. State Board of Technical Education, Bihar Final Merit Certificate
S.O 1455, dated, the 17th
May, 1963. – In pursuance of the provision of sub-clause (ii) of clause (a) of sub-
regulation (1) of regulation 23 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the Table below in respect of
such diploma certificates or degrees awarded by them as are specified in the corresponding entries under
column II of the said Table.
TABLE
I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
1. Any University in India established bylaw Degree in mining or 5[in applied geology] or in
civil, mechanical or electrical engineering.
2. Indian School of Mines and Applied Geology,
Dhanbad
(i) Certificate in Metal Mining (awaded up to
1938-39).
(ii) Diploma of Associateship in Geology
(awarded up to 1950-51).
(iii) Diploma of Associateship in Mining
Engineering
(iv) Diploma of Associateship in Applied
Geology
3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical
Engineering
UNITED KINGDOM
1. London University (i) Degree of B.Sc. in Mining for Internal
Students subject to the Degree being
endorsed by the University with a
certificate of four months’ practical
experience in a Mine.
(ii) Degree of B.Sc. in Mining for External
Students
1[2. University of Sheffield Bachelor of Engineering (Mining).
3. Leeds University Degree of B.Sc. in Mining.
4. Birmingham University Degree of B.Sc. in Mining
2[5. Camborne School of Metalliferous Mining
Cornwall - England
Diploma of Associateship in Metalliferous Mining.]
U.S.A.
1. Colorado School of Mines Degree in Mining Engineering
3[2 Wisconsis State College and Instistute of
Technology, Platteville, Wisconsin
Bachelor of Science in Mining].
4[“Portugal Republic”
1. Higher Technical Institute of the Technical
University of Lisbon
Degree in Mining Engineering].](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-215-320.jpg)
![S.O. 250 dated the 6th
January, 1966 – In pursuance of sub-clause (ia) of clause (a) of sub-regulation(1) of
regulation 23 of the Metalliferous Mines Regulation, 1961, the Central Government hereby approves the
qualifications mentioned in column 2 of the Table below of the institutions mentioned in the corresponding
entry in column 1 thereof as equivalent qualifications for t he purposes of the said sub-clause, namely :-
TABLE
I II
Name of Institution Degrees, Diplomas, Certificates awarded
Mining Indian
1. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929)
2. Mining Education Advisory Board, Bihar and
West Bengal
Final Merit Certificate (awarded up to 1958)
3. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run
by the Directorate of Mines ad Minerals,
Government of West Bengal.)
4. State Board of Technical Education, Bihar (a) Final Merit Certificate (awarded in 1959 and
1960 to students of Evening Mining Classes,
Bhaga).
(b) Diploma in Mining and Mine Surveying
(including students of re-organised Mining
Classes, Bhaga, Dhanbad-awarded from 1961
onwards)
5. Shri Jayachamarajendra Occupational Institute,
Bangalore
Diploma in Mining
6. State Board of Technical Education and Training,
Andhra Pradesh
Diploma in Mining Engineering
7. Madhya Pradesh Board of Technical Education,
Bhopal
Diploma in Mining and Mine Surveying
8. State Board of Technical Education (Formerly
Technological Diplomas Examination Board),
Madras
Licentiate in Mining Engineering
9.Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
10. State Council of Technical Education and
Training, Orissa
Diploma in Mining Engineering
11. Board of Technical Education Rajasthan,
Jodhpur
Diploma in Mining.
12. State Council for Engineering and Technical
Education, West Bengal
Licentiate Diploma in Mining Engineering
Geology - Indian
13.Any University in India establishd by Law (a) Honours Degree in Geology.
5[(b) Degree of M.A. or M.Sc. in Geology]
Mining – Foreign
14. Camborne School of Metalliferous Mining,
Cornwall (England)
Diploma of Associateship I Metalliferous Mining.
S.O. 2796, dated the 23rd
September, 1963. – In pursuance of clause (ii) of sub-regulation (1) of
regulation 24 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves for
the purpose of said regulation the educational institutions mentioned under column I of the table below in
respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified
in the corresponding entry under column II of the said table.
TABLE](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-216-320.jpg)
![40. State Boar of Technical Education and
Vocational Training, Bihar
Diploma in Civil Engineering after a course of study
lasting for 2 and half years
41. State Board of Technical Education and
Training, U.P. (formerly in adhoc Board of
Engineering Education , UP)
Overseer Diploma in Civil Engineering
42. State Board of Technical Education, Pubjab Overseer Diploma in Civil Engineering
43. State Board of Technical Education and
Training, AP
LCE
44. State Board of Technical Education (formerly
Technological Diploma Examination Board,)
Madras
LCE/Diploma in Civil Engineering
45.State Council of Technical Education, Assam Diploma in Civil Engineering
46. State Council of Engineering and technical
Education, West Bengal
LCE
47. Technological Diploma Examinations Board,
AP
LCE
48. Trihat School of Engineering, Muzaffarpur Supordinate Engineering Course in Civil
Engineering from 1952.
49. University of Roorkee (formerly Thomson Civil
Engineering College, Roorkee)
Diploma in Civil Engineering (formerly Civil
Overseership)
50 West Bengal Survey Institute, Bandal Senior Surveyor’s Certificate
51. State Council of Technical Education and
Training, Orissa
Dip loma in Civil Engineering
FOREIGN
1. N.E.D Engineering College, Karachi Diploma in Engineering
2. Ashanulla School of engineering, Dacca Sub Overseer’s Diploma, LCE
3. Government Technical Institute, Insein, Burma Diploma in Civil Engineering
4. London University, UK (1) B.Sc. Degree in Mining for Internal Students
subject to the degree being endorsed by the
University with a certificate of four months’
practical experience in a mine.
(2) Degree of B.Sc. in Mining for External
Students.
5. Colorado School ofMines, USA Degree in Mining Engineering
1[6. University of Sheffield Bachelor of Engineering (Mining)
7. Leeds University Degree of B.Sc, in Mining
8. Birmingham University Degree of B.Sc. in Mining].
2[9. Wisconsin State College and Institute of
Technology, Platteville,Wisconsin
Bachelor of Science in Mining
10. Comborne School of Metalliferous Mining,
Cornwall (England).
Diploma of Associateship in Metalliferous Mining].
3[11. Higher Technical Institute of the Technical
University of Lisbon, (Portugal ) Republic
Degree in Mining Engineering
Tks/11/10/99](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-219-320.jpg)
![160 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 27th November, 2017.
G.S.R. 1449(E).—Whereas the draft of certain regulations which the Central Government proposes
to make, in exercise of the powers conferred by section 57 of the Mines Act, 1952 (35 of 1952) and on the
recommendations of the Committee constituted under section 12 of the said Act, were published in the
Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R. 773 (E), dated the
20th
October, 2011, as required by sub-section (1) of section 59 of the said Act, inviting objections and
suggestions from all persons likely to be affected thereby on or before the expiry of a period of three
months from the date of publication of the said notification in the Official Gazette;
And whereas the objections and suggestions received on the said draft have been considered by the
Central Government;
Now, therefore, in exercise of the powers conferred by section 57 of the said Act and in
supersession of the Coal Mines Regulations, 1957, the Central Government hereby makes the following
regulations, namely:-
CHAPTER I
PRELIMINARY
1. Short title, commencement, application and extent.-(1) These regulations may be called the Coal
Mines Regulations, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to every coal mine.
(4) They shall extend to the whole of India.
2. Definitions.- (1) In these regulations, unless the context otherwise requires, -
(a) “abandoned working” means such working as have been abandoned with no intention of working
in future;
(b) “Abandoned Mine Methane (AMM)” means a natural gas recovered from abandoned coal mines
or part thereof;
(c) “Act” means the Mines Act, 1952 (35 of 1952);
(d) “approved safety lamp” and “approved electric torch” mean respectively, a safety lamp or an
electric torch, manufactured by such firm and of such type as the Chief Inspector may, from time
to time, specify by a general or special order;
(e) “assistant manager” means a person possessing a Manager’s Certificate appointed in writing by
the owner, agent or manager to assist the manager in the management, control, supervision and
direction of the mine or part thereof, and who holds the rank immediately below the manager and
superior to an overman and a sirdar;
(f) “auxiliary fan” means a forcing fan or an exhausting fan used belowground wholly or mainly for
ventilating one or more faces forming part of a ventilating district;
(g) “average output” of any mine, means the average output per month during the preceding financial
year of the total output from all workings within the specified mine boundaries;
(h) “banksman” means a person appointed to superintend the lowering and raising of persons, tools
and materials and to transmit signals at the top of a shaft or incline;
(i) “booster fan” means a mechanical ventilator used belowground for boosting the whole current of
air passing along the intake or return airway of a mine or ventilating district;
(j) “coal” includes anthracite, bituminous coal, lignite, peat and any other form of carbonaceous
matter sold or marketed as coal;
(k) “Coal Mine Methane (CMM)” means a natural gas recovered from a coal mine or part thereof;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-220-320.jpg)
![162 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(zc) “gassy seam of the third degree” means a coal seam or part thereof lying within the precincts of a
mine not being an open cast working in which the rate of emission of inflammable gas per tonne
of coal produced exceeds ten cubic meters;
(zd) “general body of air” means the general atmosphere in a coal seam and includes the atmosphere
in the roof cavities, but does not include general atmosphere in the sealed off area or in any
borehole drilled in coal or in the adjacent strata;
(ze) “goaf” means any part of workings below ground wherefrom a pillar or part thereof, or in the case
of longwall workings, coal has been extracted but which is not a working place;
(zf) “haul road” means any passage or road, which is maintained and used in connection with the
working of opencast mines for plying of machinery within the precincts of a mine;
(zg) “Heavy Earth Moving Machinery (HEMM)” means machinery used in opencast mines for
digging, drilling (excluding hand held drills and drill machines capable of drilling hole of a
diameter up to 50 mm), dredging, hydraulicking, ripping, dozing, grading, excavating, loading or
transporting minerals or overburden;
(zh) “incline” means an inclined passage or road either on the surface or belowground;
(zi) “intrinsically safe” shall have the same meaning as defined under the Central Electricity
Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010;
(zj) “inset” means a landing or platform in a shaft, and includes an excavation therefrom between the
top and the bottom of the shaft;
(zk) “machinery” means –
(i) any locomotive or any stationary or portable engine, air compressor, boiler or steam
apparatus which is, or
(ii) any such equipment used for cutting, drilling, loading and transport of material which is, or
(iii) any such apparatus, appliance or combination of appliances intended for developing,
storing, transmitting, converting or utilizing energy which is, or
(iv) any such apparatus, appliance or combination of appliances if any power is developed,
stored, transmitted, converted or utilised thereby is,
used or intended for use in connection with mining operations;
(zl) “manager” means a manager appointed under regulation 27;
(zm) “manufacturer” means an individual, association of individuals, company or institution who
manufactures machinery, plant, equipment, appliance or substances for use in coal mines;
(zn) “material” includes coal, stone, debris, or any other material;
(zo) “mine”, for the purpose of chapter IV under these regulations, means all excavations within the
mine boundary and all premises, plants, machinery and works as specified in clause (j) of sub
section (1) of Section 2 of the Act and the same shall collectively constitute a mine;
(zp) “misfire” means the failure to explode of an entire charge of explosives in a shot hole or blast
hole;
(zq) “month” means a calendar month;
(zr) “official” means a person appointed in writing by the owner, agent or manager to perform duties
of supervision in a mine or part thereof and includes an assistant manager, a ventilation officer, a
safety officer, a sampling incharge, a dust in- charge, an overman, a sirdar, an engineer and a
surveyor;
(zs) “onsetter” means a person appointed to superintend the raising and lowering of persons, tools and
materials and to transmit signals at any inset or shaft bottom;
(zt) “overman” means a person possessing a Manager’s or Overman’s Certificate, appointed by the
manager in writing, under any designation whatsoever, to perform the duties of supervision or
control in a mine or part thereof, and is as such superior to a sirdar;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-222-320.jpg)
![164 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that in case of change in the boundary of a mine under regulations 121 and 122, a plan
showing the new boundary shall be submitted within seven days of the said change.
(2) The notice referred to in sub-regulation (1) shall be accompanied by,-
(a) a copy of the surface plan prepared under clause (a) of sub-regulation (1) of regulation 65;
(b) a copy of Safety Management Plan prepared under regulation 104:
Provided that in respect of a mine which has already been opened, the plan referred to in clauses (a)
and (b) shall be submitted within sixty days and one year respectively of coming into force of these
regulations.
(3) When a mine has been opened, the owner, agent or manager shall forthwith communicate the
actual date of opening to the Chief Inspector, the Regional Inspector and to the District Magistrate.
4. Annual returns.- (1) On or before 1st
day of February in every year, the owner, agent or manager shall
submit to the Chief Inspector,the Regional Inspectorand to the District Magistrate annual returns in respect
of the preceding year in the Form and method as may be specified by the Chief Inspector for the purpose.
(2) If a mine is abandoned or closed or workings thereof is discontinued over a period exceeding sixty days
or if a change occurs in the ownership of a mine, the returns required under sub-regulation (1) shall be
submitted within thirty days of such abandonment or closure or change of ownership or within ninety days
of discontinuance, as the case may be.
5. Notice of abandonment, closure or discontinuance.- (1) When it is intended to abandon or close a
mine or seam or to discontinue workings thereof for a period exceeding sixty days, the owner, agent or
manager shall give a notice in the Form and method as may be specified by the Chief Inspector for the
purpose, to the Chief Inspector, the Regional Inspector and to the District Magistrate stating the reasons for
such abandonment, closure or discontinuance and the number of persons likely to be affected thereby, not
less than thirty days before such abandonment or discontinuance:
Provided that when on account of unforeseen circumstances a mine is abandoned, closed or
discontinued before the said notice has been given or without previous intention the discontinuance extends
beyond a period of sixty days, the notice shall be given forthwith.
(2) Notwithstanding anything contained in sub-regulation (1), when it is intended to abandon, close or
discontinue for more than sixty days any working belowground over which is situated any property vested
in the Government or any local authority or any railway or any building or permanent structure not
belonging to the owner, the owner, agent or manager shall, not less than thirty days before the date of such
abandonment, closure or discontinuance give notice of his intention to the Chief Inspector and the
Regional Inspector.
(3) When a mine or seam has been abandoned, closed or the workings thereof has been discontinued over a
period exceeding sixty days, the owner, agent or manager shall, within seven days of the abandonment,
closure or expiry of the said period of discontinuance, give to the Chief Inspector, the Regional Inspector
and to the District Magistrate, notice in the Form and method as may be specified by the Chief Inspector
for the purpose.
6. Notice of reopening.- (1) When it is intended to reopen a mine or seam after abandonment, closure or
discontinuance for a period exceeding sixty days, the owner, agent or manager shall, not less than thirty
days before resumption of mining operations, give to the Chief Inspector, the Regional Inspector and to the
District Magistrate notice in the Form and method as may be specified by the Chief Inspector for the
purpose.
(2) When a mine has been reopened, the owner, agent or manager of the mine shall forthwith communicate
the actual date of the reopening to the Chief Inspector, the Regional Inspector and to the District
Magistrate.
7. Notice of change in ownership and appointment of agent, manager, etc.- (1) When a change occurs
in the name or ownership of a mine or in the address of the owner, the owner, agent or manager shall,
within seven days from the date of the change, give to the Chief Inspector and the Regional Inspector a
notice in the Form and method as may be specified by the Chief Inspector for the purpose:](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-224-320.jpg)
![166 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(xii) an over winding of cages or other means of conveyance while men or materials are being
lowered or raised;
(xiii) a breakage or fracture of an essential part of winding engine, crankshaft, coupling, bearing,
gearing, clutch, drum or drum shaft, or failure of emergency brake;
(xiv) a bursting of any equipment containing steam, compressed air or other substance at high
pressure;
(xv) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the
safety of persons may be endangered;
(xvi) a slide causing injury to any person, damage to any machinery, or interruption of normal
mining operations;
(xvii) failure of dump or side in opencast working;
(xviii)a failure of any structure or installation whereby the safety of persons may be endangered; or
(xix) spark generated due to electrical flash-over causing burn injury to any person,
the owner, agent or manager shall forthwith inform the Regional Inspector about the occurrence by
telephone, fax, e-mail or by special messenger; and shall also, within twenty-four hours of every
such occurrence, give notice thereof in the Form and method as may be specified by the Chief
Inspector for the purpose, to the District Magistrate, the Chief Inspector and the Regional Inspector
and in the case of an accident mentioned in clause (a), also to the Competent Authority for payment
of compensation:
Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter.
(2) The owner, agent or manager shall simultaneously exhibit a copy of the notice referred to in sub-
regulation (1) on a special notice board at the office of the mine for a period of not less than fourteen days
from the date of such exhibition.
(3) When an accident causing loss of life, serious bodily injury or burn injury occurs in or about a mine in
connection with the generation, storage, transformation, transmission, supply or use of electrical energy,
the owner, agent or manager shall also forthwith inform the Inspector of Mines (Electrical) by telephone,
fax, e-mail or by special messenger:
Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter.
(4) If death results from any injury already reported as serious under sub-regulation (1) or if an injury other
than the serious injury becomes serious, the owner, agent or manager shall within twenty-four hours of his
being informed of the same, give notice thereof to the District Magistrate, the Chief Inspector, the Regional
Inspector and to the Competent Authority for payment of compensation and, if such death or injury is
connected with any reason as specified under sub-regulation (3), also to the Inspector of Mines (Electrical).
(5) In respect of every persons killed or injured as above, the owner, agent or manager shall send particulars
in the Form and method as may be specified by the Chief Inspector for the purpose, within seven days of
the occurrence, and also within fifteen days of the injured person returning to duty.
9. Notice of disease.- Where any person employed in a mine contracts any disease notified by the Central
Government in the Official Gazette under section 25 of the Act, the owner, agent or manager shall within
three days of his being informed of the disease, give notice thereof in the Form and method as may be
specified by the Chief Inspector for the purpose, to the Chief Inspector, the Regional Inspector, the
Inspector of Mines (Medical), the District Magistrate, and to the Competent Authority for payment of
compensation.
CHAPTER III
EXAMINATION AND CERTIFICATES OF COMPETENCY AND OF FITNESS
10. Board of Mining Examination.- (1) For the purpose of these regulations, there shall be constituted a
Board of Mining Examination (hereinafter referred to as ‘the Board’).
(2) The Board shall consist of the Chief Inspector, who shall be its Chairman (ex officio), and five
members possessing degree in mining engineering; with](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-226-320.jpg)
![168 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
and the time, place and agenda for the adjourned meeting shall remain unchanged, and it shall thereupon be
lawful to dispose off the business at such meeting, irrespective of the number of members attending.
(12) (a) All matters which the Board is required to consider shall be considered at its meeting, or if the
Chairman so decides, by circulation of the papers, to every member who is not absent from
India.
(b) When any matter is referred to by circulation of paper under clause (a), any member may
request that it should be considered at a meeting of the Board, and the Chairman may direct
that it shall be so considered but when two or more members so request, the Chairman shall
direct that the matter shall be so considered at a meeting to be held.
(13) (a) The Secretary shall place before the Board a list of business to be transacted at the meeting.
(b) No business which is not included in such list shall be considered unless the Chairman
permits.
(14) (a) Every matter at a meeting shall be decided by the majority of votes of the members present at
such meeting.
(b) Every matter referred to the members by circulation under sub-regulation (12) shall be decided
by the majority opinion of the members to whom the papers were circulated, unless the
Chairman reserves it for consideration at a regular meeting to be held later.
(c) In case of equal division of votes or opinions of the members, the Chairman shall have a
casting vote or opinion.
(15) (a) The Secretary shall record the minutes of each meeting in a bound-paged book kept for the
purpose and copies of such minutes of meeting shall be circulated to all members present in
India.
(b) The minutes so recorded shall be confirmed at the next meeting of the Board and signed by the
Chairman in token thereof.
(16) (a) The Chairman, in addition to any other power and duties conferred upon him under these
regulations, shall-
(i) present all important papers and matters to the Board as early as possible;
(ii) issue orders for carrying out the decisions of the Board;
(iii) have power to refer, in his discretion, any matter to the Central Government for their
orders; and
(iv) have powers generally to take such action or pass such orders necessary to implement
the decisions of the Board.
(b) The Chairman may, during his temporary absence by reason of leave or otherwise, authorise
any member of the Board to perform all or any of duties of the Chairman during such absence.
(c) Unless the Chairman otherwise directs, all proceedings of the Board shall be conducted in-
camera and be regarded as confidential.
11. Certificate granted by Board.- (1) The certificates specified in sub-regulation (2) shall be granted by
the Board.
(2) Certificate granted by the Board shall be valid throughout the territories to which these regulations
extend, and shall be of the following kinds, namely: –
a) Manager’s first class certificate of competency to manage a coal mine (hereinafter referred to
as a First Class Manager’s Certificate);
b) Manager’s second class certificate of competency to manage a coal mine (hereinafter referred
to as a Second Class Manager’s Certificate);
c) Surveyor’s certificate of competency to survey the working of a mine (hereinafter referred to
as a Surveyor’s Certificate);
d) Overman’s certificate of competency to carry out inspections and duties as required under
these regulations (hereinafter referred to as an Overman’s Certificate);](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-228-320.jpg)
![170 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(iii) a certificate from some person of good repute as to the general good conduct and
sobriety of the candidate.
(4) No person shall be admitted as a candidate to any examination for Manager’s Certificate,
Surveyor’s Certificate, Overman’s Certificate or Sirdar’s Certificate, unless he has passed the senior
secondary school examination or intermediate examination or its equivalent from a recognised Board or
University or passed a Diploma or Degree in Engineering or other equivalent qualifications approved in
that behalf by the Central Government, and for an Engine Driver’s Certificate unless he satisfies the Board
that he is literate.
(5) (a) No person shall be admitted as a candidate at any examination for a Manager’s or an
Overman’s Certificate, which is not restricted to mines having opencast working only, unless
he has obtained at least a Sirdar’s Certificate, which is not restricted to mines having opencast
working only and a Gas Testing Certificate; and
(b) no person shall be admitted as a candidate at an examination for Manager’s Certificate or
Overman’s Certificate restricted to mines having opencast working only, unless he has
obtained at least a Sirdar’s Certificate:
Provided that the Board may, subject to the conditions specified in bye-laws, exempt any person
from the stipulations of the above sub-regulation.
15. Practical experience of candidates for Manager’s Certificate examination.- (1) No person shall be
admitted as a candidate at any examination for a First or Second Class Manager’s Certificate other than an
exchange Certificate to which the provisions of regulation 21 apply, unless the Board is satisfied that he has
had practical experience in coal mine as prescribed under sub-regulation (2) for a period of not less than six
and five years respectively:
Provided that a candidate-
(a) who has received a diploma in mining or mining engineering or other equivalent qualification
approved in that behalf by the Central Government, such period of experience shall be
reduced to five and four years respectively; and
(b) who has passed a degree in mining engineering or other equivalent qualification approved in
that behalf by the Central Government, such period shall be reduced to two years for First
Class Manager’s Certificate;
Provided further that the experience referred to in this sub-regulation shall be the experience
obtained after acquiring the relevant academic qualification.
(2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details of
the practical experience required for Manager’s Certificate.
16. Practical experience of candidates for Surveyor’s Certificate examination.- No person shall be
admitted as a candidate at any examination for a Surveyor’s Certificate unless he has satisfied the Board
that he has had not less than two years’ practical experience of surveying of a type the Board may specify,
subject to the conditions laid down in bye-laws.
Provided that such period shall be reduced to six months in the case of a candidate who has
attended classes in theoretical and practical surveying at any educational institution approved by the Board
subject to the conditions laid down in bye-laws.
17. Practical experience of candidate for Sirdar’s Certificate examination.- (1) No person shall be
admitted as a candidate at any examination for a Sirdar’s Certificate unless the Board is satisfied that he has
had practical experience and training in a coal mine for a period of not less than three years:
Provided that such period shall be reduced to a period of one year in the case of a candidate who
has received a diploma or certificate in scientific and mining training after a course of at least two years at
an educational institution, or who has taken a degree in scientific and mining subject at a university,
approved in that behalf by the Board subject to the conditions laid down in bye-laws.
(2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details of
the practical experience required for Sirdar’s Certificate.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-230-320.jpg)
![172 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(2) The Board may, on the report of the Regional Inspector under sub-regulation (1), authorise an Inspector,
not below the rank of the Inspector whose report formed the basis of the said opinion, to hold an enquiry in
accordance with the procedure laid down in bye-laws, to determine whether or not such a person
(hereinafter referred to as the delinquent) is fit to continue to hold such certificate.
Provided that the Board shall, before the enquiry, furnish to the delinquent a statement of the case
on which the enquiry is instituted.
(3) The Inspector who conducted the enquiry shall, within fifteen days from the date of conclusion of his
enquiry, send a report to the Board together with his findings, the notes of evidence recorded during the
enquiry and other relevant records.
(4) Copies of the notes of evidence and the findings of the Inspector who conducted the enquiry shall also
be sent to the delinquent who may submit his written representation to the Board within thirty days from
the date of dispatch of such copies.
(5) The Board may, after considering the evidence and other records and the written representation, if any,
submitted by the delinquent, either cause further enquiry to be made in the case and thereupon or otherwise,
either exonerate the delinquent of the charges against him or suspend or cancel the certificate, as it deems
fit.
(6) An appeal shall lie against any order of the Board under this regulation before the Central Government
within thirty days of such order.
(7) Where a certificate is suspended or cancelled under this regulation suitable endorsement may be made
on such certificate or a duplicate thereof issued under regulation 22.
25. Validity of certificate for managers and officials, etc.- (1) No person shall act as a manager or an
official or a winding engineman in a mine after attaining the age of sixty years unless he has obtained,
within the preceding one year, a medical certificate of fitness certifying him fit to carry out the duties
prescribed for him in the Act and in these regulations and orders made thereunder:
Provided that if the Chief Inspector or the Regional Inspector is of the opinion that a person as
aforesaid, though less than sixty years of age, is medically unfit to carry on the duties assigned to him in the
Act and in these regulations and orders made thereunder, the Chief Inspector or the Regional Inspector
may, by an order in writing, require such person to obtain a medical certificate of fitness within such
period, not exceeding three months, as he may specify therein; and no such person shall continue to act in
any capacity as aforesaid after the period so specified unless he has obtained a medical certificate of fitness.
(2) The medical certificate of fitness as aforesaid shall be obtained from such authority and in such
form and manner as the Board may specify subject to the conditions laid down in bye-laws.
(3) Notwithstanding anything contained in sub-regulation (1), no person shall act as manager or an
official or a winding engineman in a mine after attaining the age of seventy years.
CHAPTER IV
INSPECTORS AND MINE OFFICIALS
26. Qualifications of Inspectors.- (1) No person shall be appointed as Chief Inspector unless he holds a
degree in mining engineering of an educational institution approved by the Central Government and also a
First Class Manager’s Certificate granted under regulation 11.
(2) No person shall be appointed as an Inspector unless he holds a degree in mining engineering of an
educational institution approved by the Central Government and also a First Class Manager’s Certificate
granted under regulation 11:
Provided that –
(i) in relation to electrical machinery installed in mines, a person holding a degree in
electrical engineering of an educational institution approved by the Central Government
may be so appointed;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-232-320.jpg)
![174 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(6) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal
supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder,
the owner, agent or manager shall authorise in writing a person whom he considers competent, to act as
manager of the mine:
Provided that –
(i) such person holds a Manager’s Certificate;
(ii) no such authorisation shall have effect for a period in excess of thirty days, except with the
previous consent in writing of the Chief Inspector and subject to such conditions as he may
specify therein;
(iii) the owner, agent or manager, as the case may be, shall forthwith send by registered post, speed
post or fax to the Regional Inspector a written notice intimating that such an authorisation has
been made, and stating the reason for the authorisation, the qualifications and experience of
the person authorised, and the date of the commencement and ending of the authorisation; and
(iv) the Chief Inspector or the Regional Inspector may, except in the case of a person possessing
the qualifications specified in sub-regulation (3), by an order in writing, revoke any authority
so granted.
(7) The persons so authorised to act as manager under sub-regulation (6) shall, during the period of such
authorisation, have the same responsibilities, discharge the same duties, and be subject to the same
liabilities as the manager.
(8) No manager shall vacate his office without giving due notice in writing to the owner or agent at least
thirty days before the day on which he wishes to vacate his office:
Provided that the owner or agent may permit the manager to vacate his office after giving a shorter
notice.
(9) No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved
by a duly qualified person as specified under sub-regulation (3).
(10) Nothing in sub-regulation (6)shall confer on the owner, agent or manager the right to authorise any
person not duly qualified to manage the mine under sub-regulation (3) to act as the manager except in case
of illness or other cause over which the manager has no control, or except with the previous written
permission of the Chief Inspector and subject to such conditions as he may specify therein:
Provided that the Chief Inspector shall not permit any such authorisation for a period exceeding
sixty days from the date on which the mine is worked without a manager duly qualified under sub-
regulation (3).
(11) The owner or agent shall provide suitable residential accommodation for the manager and the assistant
manager within a distance of five kilometers from all mine openings, and every manager, and assistant
manager shall reside in the accommodation so provided:
Provided that where special difficulties exist which render compliance with these provisions not
reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, grant exemption from the same.
(12) No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any
work, which may necessitate his frequent or prolonged absence from the mine.
(13) If any doubt arises as to any matter under sub-regulation (11) or sub-regulation (12), it shall be
referred to the Chief Inspector for decision.
(14) Except as hereinafter provided in sub-regulation (5), no manager shall act as manager or in any other
capacity in another mine.
28. Charge report of managers.- When there is a change of manager of any mine, the outgoing manager
shall hand over to the incoming manager, a charge report in a format as may be specified by the Chief
Inspector, by a general or special order and the charge report shall be signed by both the outgoing and
incoming managers and a copy of the charge report shall be sent to the Regional Inspector.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-234-320.jpg)
![176 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Explanation.- For the purposes of this regulation the expression “average output” means the average per
month of the total output during the preceding financial year from the belowground working of all seams:
Provided that where the mine consists of gassy seams of different degrees, the aforementioned
average output shall be deemed to be from the seam or seams of the highest degree of gassiness.
32. Appointment of engineers.– (1) At every mine where machinery is used, an engineer holding a degree
or diploma in mechanical engineering, electrical engineering, mining machinery or equivalent qualification
as may be recognised by the Central Government, shall be appointed to hold general charge of such
machinery, and to be responsible for its installation, maintenance and safe working, who shall be
subordinate to manager:
Provided that where electrical energy exceeding 650 volts is used and the installed capacity of all
electrical equipment is 1.5 MVA and above, an engineer holding a degree or diploma in electrical
engineering or equivalent qualification as may be recognised by the Central Government, shall be
appointed to hold charge of all the electrical equipment installed at the mine in addition to that specified
above:
Provided further that in case of opencast mines worked by heavy earth moving machinery or in any
mechanised mine having belowground workings, in which the aggregate horse power of all the machinery
used exceeds 1500, a person holding a degree or diploma in mechanical engineering, mining machinery or
equivalent qualification as may be recognised by the Central Government, shall also be appointed to hold
charge of all the mechanical equipment installed at the mine in addition to that specified above:
Provided also that nothing in this sub-regulation shall be deemed to prohibit the employment of
two or more engineers at one mine so long as the jurisdiction and sphere of responsibility of every such
engineer is defined by the manager in writing.
(2) Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in
writing, specify any qualification in addition to those referred to in that sub-regulation in respect of a mine
or class of mines, if having regard to the conditions existing in such mine or class of mines, he is satisfied
that it is necessary to do so in the interests of safety.
(3) No person shall act, or be appointed, as engineer of more than one mine except with the previous
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein:
Provided that no such permission shall have effect for a period exceeding twelve months, unless
renewed:
Provided further that the Chief Inspector may at any time, by an order in writing, vary or revoke
any such permission, if the circumstances under which the permission was granted, have altered or the
Chief Inspector finds that the engineer has not been able to exercise effective supervision in the mines
under his charge.
(4) Where by reason of temporary absence by any cause, the engineer, appointed under sub-regulation (1) is
unable to perform his duties, the manager shall authorise in writing a person whom he considers competent
to act in his place:
Provided that –
(a) notice of every such authorisation shall be sent to the Regional Inspector forthwith;
(b) no such authorisation shall have effect for a period in excess of thirty days except with the
previous written consent of the Regional Inspector and subject to such conditions as he may
specify therein; and
(c) the Regional Inspector may by an order in writing, revoke any authority so granted.
33. Appointment and qualifications of senior officials.- (1) At every mine, one or more overman shall
be appointed to hold charge of the different districts of the mine on each working shift unless otherwise
specified by the Regional Inspector.
(2) The district assigned to an overman under sub-regulation (1) shall not be of such a size, nor shall
any additional duties other than his duties under these regulations be such, as are likely to prevent him from
carrying out in a thorough manner, the duties assigned to him under these regulations.
(3) For the purposes of this regulation, every person employed as an official subordinate to the
manager and superior to the Sirdar shall hold either a Manager’s Certificate or an Overman’s Certificate.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-236-320.jpg)
![178 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
CHAPTER V
DUTIES AND RESPONSIBILITIES OF MINE MANAGEMENT, CONTRACTORS,
MANUFACTURERS, OFFICIALS, COMPETENT PERSONS AND WORKMEN
37. Duties and responsibilities of owner.– (1) In taking preventive and protective measures, the owner
shall arrange for regular assessment of the risk and dealing with it in the following order of priority:-
(a) eliminate the risk;
(b) control the risk at source;
(c) minimize the risk that include the design of safe work systems; and
(d) in so far as the risk remains, provide for the use of personal protective equipment, having
regard to what is reasonable, practicable and feasible, and to good practice and the exercise of
due diligence.
(2) Owners shall take all necessary measures to eliminate or minimize the risks to safety and health of
persons employed in mines under their control and shall-
(a) ensure that the mine is designed, constructed and provided with electrical, mechanical and
other equipment, including a communication system, to provide conditions for safe operation
and a healthy working environment;
(b) ensure that the machine is commissioned, operated, maintained and de-commissioned in such
a way that workers can perform the work assigned to them without endangering their safety
and health or that of other persons;
(c) take steps to maintain the stability of the ground in which persons have access in the context of
their work;
(d) where practicable, provide from every underground workplace, two exits each of which is
connected to separate means of egress to the surface;
(e) ensure the monitoring, assessment and regular inspection of the working environment to
identify the various hazards to which the workers may be exposed and to assess their level of
exposure;
(f) ensure adequate ventilation for all underground working to which access is permitted;
(g) in respect of zones susceptible to particular hazards, draw up and implement an operating plan
and procedures to ensure a safe system of work and the protection of workers;
(h) take measures and precautions appropriate to the nature of a mine operation to prevent, detect
and combat the start and spread of fires, explosions and inundations;
(i) ensure that, when there is serious danger to the safety and health of workers, operations are
stopped and workers are evacuated to a safe location;
(j) ensure that corrective actions are taken immediately, when manager or other officials report
non-compliance with safety and health regulations or code of practice by any person.
(3) The owner shall ensure preparation of an emergency response plan specific to each mine for reasonably
foreseeable industrial and natural disasters.
(4) Where workers are exposed to physical, chemical or biological hazards, the owner shall-
(a) inform the workers, in a comprehensible manner, of the hazards associated with their work,
the health risks involved and relevant preventive and protective measures;
(b) take appropriate measures to eliminate or minimize the risks resulting from exposure to those
hazards;
(c) where adequate protection against risks of accident or injury to health including exposure to
adverse conditions is not possible to be ensured by other means, provide and maintain at no
cost to the worker, suitable protective equipment, clothing as necessary and other facilities as
defined by these regulations;
(d) provide workers who have suffered from an injury or illness at the workplace with first aid,
appropriate transportation from the workplace and access to appropriate medical facilities.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-238-320.jpg)
![180 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(2) No person shall interfere with, impede or obstruct any person in the discharge of his duties, nor shall he
offer or render any service, or use any threat, to any other person with a view to preventing him from
complying with the provisions of the Act and of the rules and regulations made thereunder or from
performing his duties faithfully.
(3) Every person shall, immediately before proceeding to work and immediately after terminating work at
the end of his shift, have his name recorded in the register maintained under sub-section (4) of section 48 of
the Act:
Provided that in case of workings belowground, the person shall get his name recorded every time
he proceeds belowground or returns to the surface:
Provided further that electronic punching or registry system as approved by the Chief Inspector
may also be provided and used for the purpose of identification, marking attendance and recording the
name of the person and a hard (printed) copy of such record shall be kept forthwith for the purpose of
record in the aforesaid register or in any other format specified by the Chief Inspector.
(4) Every person employed in a mine shall-
(a) take reasonable care for their own safety and health and that of other persons who may be
affected by their acts and omissions at work including the proper care and use of protective
clothing, facilities and equipment placed at their disposal;
(b) report forthwith to an official, any situation which he believes may pose a risk to hissafety or
health or that of other persons, and which he may not be able to properly deal with himself;
and
(c) co-operate with the employer to permit compliance with the duties and responsibilities placed
on the employer.
(5) No person shall, except with the authority of an official, remove or pass through any fence, barrier or
gate, or remove or pass any danger signal.
(6) Subject to any directions that may be given by an official, no person shall, except for some justifiable
purpose, go into any part of the mine other than that part in which he works, or travels to or from his
working place by any roadway other than the proper traveling roadway.
(7) No person shall sleep while on duty.
(8) Subject to the provisions of the Act and of these regulations and orders made thereunder, no person
shall remain in a mine beyond the period over which his shift extends.
41. Duties of competent person.- Every competent person shall be subject to orders of superior officials,
and shall not –
(a) depute another person to perform his work without the sanction of his superior official;
(b) absent himself without having previously obtained permission from such official for the term
of his absence or without having been relieved by a duly competent person; and
(c) without permission from such official, perform during his shift any duties other than those for
which he has been appointed.
42. Duties of officials.– (1) Every official shall carry out the duties assigned to him by the manager or
assistant manager in accordance with the provisions of the Act and of these regulations and orders made
thereunder.
(2) Every official shall, to the best of his power, see that persons under his charge understand and carry
out their respective duties properly.
43. Duties and responsibilities of manager.– (1) In every mine, daily personal supervision shall be
exercised by the manager:
Provided that in case of working belowground, he shall visit and examine the working on at least
four days in every week to ensure safety in every respect:
Provided further that at least one visit in every fortnight shall be made during the night shift:](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-240-320.jpg)
![182 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(c) to investigate all types of accidents and incidents in the mine including minor accidents and
analyse the same with a view to pinpoint the nature and common causes of accidents in the
mine;
(d) to maintain detailed statistics about mine accidents and to analyse the same with a view to
pinpoint the nature and common causes of the accidents in the mine;
(e) to study and apprise the manager of all possible sources of danger such as inundation, fire,
coal dust and others;
(f) to hold safety classes and give safety talks and lectures to the members of the supervisory
staff;
(g) to organise safety weeks and other safety education and propaganda programmes in mine;
(h) to see that all concerned mine employees are fully conversant with various standing orders
(such as those relating to stoppage of mine mechanical ventilators and to the occurrence of a
fire or other emergency in the mine), codes of practices and support plan;
(i) to provide assistance in the formulation of programme for training at the mine level, including
vocational training, training in gas testing, and training in first aid, etc;
(j) to report to the manager as a result of his visits to the various parts of mine, as to whether the
provisions of the Act, and the rules and regulations made thereunder are being complied with
in the mine;
(k) to promote safe practices generally and to lend active support to all measures intended for
furthering the cause of safety in the mine and follow up measures for compliance to the
recommendations of the Safety Committee and Workman’s Inspectors;
(l) to assist the manager in any other matter relating to safety in the mine.
(2) The safety officer shall ensure that an appropriate emergency plan as required under these
regulations is put in place and the requirements of the same are implemented.
(3) Except in an emergency, no duties other than those specified above shall be assigned to the safety
officer.
(4) The safety officer shall maintain in a bound paged book a detailed record of the work performed by
him every day.
45. Duties and responsibilities of assistant manager.- (1) The assistant manager shall carry out the duties
assigned to him by the manager, and shall see that in the part of the mine assigned to him by the manager,
all work is carried out in accordance with the provisions of the Act and of the regulations and orders made
thereunder.
(2) The assistant manager shall, subject to the orders of the manager, visit and examine the workings
under his charge, or part thereof, on every working day.
(3) The assistant manager shall, from time to time, carefully examine every travelable part of the mine
or part thereof placed under his charge, whether frequented by work persons or not.
(4) In the absence of the manager, the assistant manager shall have the same responsibility, discharge
the same duties and be subject to the same liabilities as the manager, but not so as to exempt the manager
therefrom.
(5) The assistant manager shall, in a bound paged book kept for the purpose, record the result of each
of his inspections and also the action taken by him to rectify the defects noticed, if any.
46. Duties of ventilation officer.– (1) The ventilation officer shall-
(a) ensure the observance of all regulations and orders concerning ventilation, spontaneous
heating, fire, gas and coal dust including dust suppression and shall advise the manager, if any
alteration is required in the ventilation system to ensure adequacy of ventilation in compliance
with these regulations or orders;
(b) advise the manager on day to day problems of ventilation, gas, coal dust, spontaneous heating
and fire;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-242-320.jpg)
![184 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(s) take necessary steps for proper cleaning, treatment and suppression of coal dust in the mine
and see that the arrangements for wet-cutting at the faces and water spraying at and within
ninety meters of the working places are properly installed and function satisfactorily;
(t) ensure that the stone dust barriers are correctly sited, properly constructed and maintained in
accordance with the statutory requirements or otherwise; and bring the entries on the check
boards up-to-date from time to time;
(u) ensure that samples of mine roadway dust and of airborne dust (if required by the manager) are
regularly taken in the specified manner;
(v) collect air samples from sealed off areas, exhaust gases from diesel vehicles and from such
other places as may be required by the manager;
(w) ensure that all records and reports relating to ventilation, spontaneous heating, fire, gas and
coal dust are kept up-to-date and entries are made regularly in the check boards for ventilation
and stone dust barriers:
Provided that nothing contained above shall exempt the manager, assistant manager, surveyor,
overman, sirdar or any other competent person concerned, from any corresponding duties and
responsibilities specified for them in these regulations or any orders made thereunder; and
(x) assist the manager in any matter relating to the ventilation of the mine.
(2) No duties other than those specified above shall be assigned to the ventilation officer except in an
emergency.
(3) The ventilation officer shall maintain, in a bound paged book, a detailed record of the work
performed by him every day.
47. Duties and responsibilities of overman.– (1) The overman shall subject to the orders of superior
officials, have responsibility, charge and control of such part of the mine, and shall carry out such duties,
as may be assigned to him by the manager.
(2) The overman shall, -
(a) while on duty, carry a tracing of the workings of such district and shall keep the tracing up-to-
date;
(b) in his district, make the inspections and reports required by these regulations;
(c) ensure that the subordinate officials and competent persons in his district carry out their
respective duties in a proper manner;
(d) ensure that mining operations in the part of the mine assigned to him under sub-regulation (1)
are carried out as per the code of practices framed under these regulations.
(3) The overman shall, to the best of his power, enforce in his district the provisions of the Act, of
these regulations and orders made thereunder, and shall, subject to the control of manager and the assistant
manager, if any, give such directions as may be necessary to ensure compliance with those provisions, and
to secure the safety of the district and the safety and proper discipline of the persons employed therein.
(4) The overman shall see that sufficient supplies of timber, support materials, brattice, tools and
tackles, appliances, and other necessaries required for the safe working of his district are kept at convenient
places therein.
(5) The overman shall –
(a) ensure that every air-crossing, stopping, door, brattice and other ventilation device is
maintained in good order;
(b) ensure that the ventilation is effective in his district, and when brattices or air pipes or ducts
are required to be used for the ventilation of the working places, he shall see that they are kept
sufficiently advanced so that an adequate amount of air reaches every such working place;
(c) have power to send out of the mine any person under his charge who infringes or attempts to
infringe any provision of the Act or of the regulations or orders made thereunder, or fails to
carry out any direction given with regard to safety, and shall report such matter in writing to
the manager;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-244-320.jpg)
![186 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(c) except in the case of a mine working in a continuous succession of shifts, on completion of the
first inspection of the district, proceed to the station specified under regulation 129 and instruct
all persons as to their places of work and as to any special precautions necessary to be
observed by them;
(d) if he finds any person in a place other than the one assigned to him, he may order such person
out of the mine, and shall forthwith report the matter to his superior official;
(e) ensure that no inexperienced person is employed on any work except under the supervision of
an experienced person.
(f) see that the roof and sides of all traveling roadways and working places in his district are
made and kept secure;
(g) where the height of any working place in the district in his charge measured from floor to roof
exceeds three meters, see that a suitable wooden bunton or pole by which all parts of the roof
may be effectively tested by a person standing on the floor and a ladder of suitable length are
kept at convenient places in the district;
(h) report to his superior official any deficiency in timber, support materials, appliances and other
necessaries required for the safe working of the district;
(i) Where either of the two ways affording means of egress from the district to the surface is not
ordinarily used for travelling, travel, once at least in every seven days, the whole of such
roadway in order to make himself thoroughly acquainted with the same; and
(j) see that no support is withdrawn except by means of a safety prop-withdrawer.
(3) If sirdar observes any dangerous place during the course of his inspections or if any danger at a
place where work persons are employed is reported to him, he shall, if the danger is not possible to be
removed forthwith, withdraw all persons from such place and shall not leave the place until the danger has
been removed in his presence or all approaches to the place have been fenced off so as to prevent persons
from inadvertently entering such place.
(4) The sirdar shall -
(a) take care that any dangerous operation is carried out with due precautions, and in such cases
shall be present throughout whenever any work of clearing falls of ground and setting of
supports therein is being carried out;
(b) cause the entrance to every place which is not in actual use or in course of working or
extension, to be fenced across the whole width, so as to prevent persons from inadvertently
entering such place;
(c) if he finds any accumulation of inflammable or noxious gases, take such precautions as
specified in regulation 166 and shall not remove such accumulation until he has received
instructions in that behalf from his superior official;
(d) on receipt of information of an accident to any person in his district, proceed at once to the
place of accident, inspect the place and, if required, supervise the rescue operations, and shall
report or send notice of the accident to the manager or assistant manager;
(e) devote the whole of his time to his duties, and shall not leave the mine until the end of the
shift or until relieved by a duly appointed substitute;
(f) if the mine is worked by a continuous succession of shifts, before leaving his district, confer
with the sirdar or other competent person succeeding him, and shall acquaint him with all
matters requiring his personal attention and give him such other information as may be
necessary for the safety of his district and of the persons employed therein;
(g) see that mining operations in the district of the mine assigned to him under sub-regulation (1)
are carried out as per the code of practices framed under these regulations.
(5) In case of opencast workings, the sirdar shall ensure that-
(a) sides of benches are kept properly dressed;
(b) stability of benches is not endangered;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-246-320.jpg)
![188 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(f) carry out such other duties relating to the maintenance, issue and return of safety lamps as may
be specified by the manager or the assistant manager.
53. Duties and responsibilities of surveyor.– (1) The surveyor shall –
(a) make such accurate surveys and levellings, and prepare such plans and sections and tracings
thereof, as the manager may direct or as may be required by the Act or by the regulations or
orders made thereunder, and shall sign the plans, sections and tracings and date his signature;
(b) be responsible for the accuracy of any plan and section, or tracings thereof that has been
prepared and signed by him.
(2) The surveyor shall record in a bound paged book kept for the purpose –
(a) the full facts when working of the mine have approached to about 120 meters from the mine
boundary, or from disused or waterlogged workings;
(b) any doubts which may arise or exist concerning the accuracy of the plans and sections
prepared under these regulations;
(c) any other matter relating to the preparation of the plans and sections that he may like to bring
to the notice of the manager,
and every entry in the book shall be signed and dated by the surveyor and countersigned and dated by the
manager:
Provided that where in any mine two or more surveyors are employed, each of the surveyors shall
make the entries aforesaid in respect of the workings in his jurisdiction or of the plans and sections in his
charge.
(3) Nothing in sub-regulation (2) shall absolve the owner, agent or manager of his responsibility under the
provisions of the Act and under these regulations or orders made thereunder.
54. Duties and responsibilities of engineer– The engineer or other competent persons appointed for the
purpose shall–
(a) subject to the orders of the manager and other superior official, hold general charge of all
machinery at the mine; and shall be responsible for the proper installation, maintenance and
safe working of such machinery;
(b) when any machinery is shifted or newly installed, ensure that it is given a trial run before it is
put into use, and shall be present during every such trial run;
(c) be present throughout whenever any work of installing, changing or recapping of any winding
rope, or of installing, changing or annealing any suspension gear, is being carried on;
(d) ensure that the provisions of the Act and of these regulations and orders made thereunder
relating to the installation, maintenance, operation or examination of machinery are properly
carried out by himself and by subordinate officials, competent persons or work persons as the
case may be, appointed for the purpose;
(e) if mechanics, electricians or other subordinate officials or competent persons are appointed for
the purpose, examine all reports, registers and other records relating to the installation,
maintenance, operation or examination of machinery required to be made or kept in pursuance
of the Act, these regulations or orders made thereunder, and shall countersign the same and
date his signature.
55. Duties of winding engineman.– (1) A winding engineman shall-
(a) at the beginning of his shift, examine the engine, brakes and all appliances in his charge and
satisfy himself that they are in good working order;
(b) during his shift, keep the winding engine and apparatus connected therewith properly cleaned
and oiled and shall ensure that the engine room is clean and free of inflammable material;
(c) immediately report in writing to the engineer or other competent person appointed for the
purpose any defect which he has noticed in the engine, brake, indicator, drum, rope or other
appliances under his charge;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-248-320.jpg)
![190 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(i) after persons have entered the cage, see that the cage gates on both sides are in position and
closed, before signaling for the cage to be lowered or raised;
(j) not allow any unauthorised person to handle tubs in or out of the cage;
(k) while tubs are being lowered or raised, see that the catches are holding the tubs properly
before signaling the cage or other means of conveyance away and if he notices any defect in
the tub-catches, he shall immediately inform his superior official;
(l) at any entrance into a shaft or inset which is provided with gates or fences not worked by the
cage or other means of conveyance, not begin to remove the gate or fence until the cage or
other means of conveyance has stopped at the entrance, and shall close the gate before he has
signalled the cage or other means of conveyance away, and he shall not permit any
unauthorised person to open or interfere with the gate;
(m) see that all fences and gates provided at the top of the shaft or at any inset are in position;
(n) not permit any unauthorised person to remove a fence or gate and if he notices any defect in
such fence or gate, immediately inform his superior official;
(o) keep the top of the shaft or the inset and the floor of every cage free from loose materials;
(p) when long timber, pipes, rails or other materials projecting over the top of a cage or other
means of conveyance are lowered or raised, ensure that the projecting ends are securely
fastened to the rope, chains or bow;
(q) when he suspects that the cages are not working smoothly in the shaft or when he hears
anything unusual happening in the shaft while the winding engine is working, immediately
give signal to the winding engineman to stop the engine.
(2) The banksman shall-
(a) at the beginning of his shift, see that the keps are in proper working order;
(b) when he is informed of any danger in the shaft, not allow any person to descend except for the
purpose of examination or repair and during the time that such examination or repair is going
on, be on duty and listen for signals;
(c) not permit any person descending the shaft to carry any intoxicating drink or drug, or allow
any intoxicated person to descend.
(3) The banksman shall not leave his place of work unless duly relieved by his successor.
57. Duties of haulage engineman, attendant, etc.- (1) At the beginning of his shift, the haulage
engineman shall examine the engine, its brake and all appliances in his charge, and shall satisfy himself that
they are in good working order.
(2) The haulage engineman shall, during his shift keep the haulage engine and apparatus connected
therewith properly cleaned and oiled, and the engine-room clean and free of inflammable material.
(3) The haulage engineman shall report immediately to the engineer or other competent person
appointed for the purpose any defect which he has noticed in the engine, brake, drum, rope or other
appliances under his charge.
(4) Whenever the haulage engineman has occasion to leave the engine, he shall cut off the power and
secure the engine with the brake.
(5) The haulage engineman and signaler shall not allow any unauthorised person to enter the engine-
room or in any way to interfere with the engine or signal, as the case may be.
(6) Every haulage engineman and signaler shall thoroughly acquaint himself with, and carefully attend
to, the prescribed code of signals.
(7) The haulage engineman shall not start the engine until he has received the proper signal to do so and
if the signal is indistinct, shall not start the engine until it has been repeated and he clearly understands it.
(8) The person in charge at the top of any haulage plane or incline shall ensure that the stop-blocks are
blocking the way, before allowing any tub to be brought on to the top landing and shall cause the tubs to be
securely coupled up to each other and to the rope or chain, before the stop block is opened. In case any](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-250-320.jpg)
![192 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(c) not issue explosives to any person other than a competent person and when explosives are
returned to the magazine, shall re-issue such explosives before issuing fresh stock;
(d) record in a bound paged book kept for the purpose, the names of various competent persons
and the quantity and nature of explosives issued to each of them; and similarly record the
quantity and nature of explosives returned to the magazine by each such person;
(e) securely lock each canister before issuing it to the competent person and also check whether
the canister is returned to the magazine in locked condition and shall not issue explosive in
any canister which is not in proper repair or which is not possible to be securely locked;
(f) not allow any unauthorised person to enter the magazine;
(g) not issue any explosive for which the stipulated shelf life has expired; and
(h) if he discovers any shortage of explosives in the magazine, forthwith inform the manager in
writing.
61. Duties of register keeper and attendance clerk, etc.- (1) Every person appointed to keep register or
other records required to be kept by or under the Act or under these regulations, or orders made thereunder,
or to make entries therein, shall make the necessary entries in ink or by other means specified by the Chief
Inspector with reasonable dispatch.
(2) During the whole time that persons are at work, the attendance clerk shall remain on duty at attendance
cabin which shall be provided near the workplaces, or in case of working belowground, near the outlet used
by the work persons to enter and leave such workings.
(3) No person who is not an employee of the mine or is not entitled to enter the mine under the Act or under
the regulations, or orders made thereunder, or is not so authorised by the manager, shall enter the mine.
(4) It shall be the duty of the attendance clerk to ensure that no such person enters the mine and if any such
person forcibly enters the mine, the attendance clerk shall immediately report the matter in writing to the
manger.
(5) If after the commencement of a shift, any official or a competent person has not got his attendance
recorded in the register maintained under sub-section (4) of section 48 of the Act, the attendance clerk
concerned shall, within two hours after the commencement of the shift, report the fact in writing or by other
means prescribed by the Chief Inspector, to the manager or the assistant manager or other official in-charge
of the shift.
62. Duties of operators of heavy earth moving machineries, excluding trucks, tippers and dumpers.-
Every person authorised to operate heavy earth moving machineries such as dragline, shovel or excavator
shall –
(a) inspect the machine assigned to him in the beginning of his shift and test the various systems,
sub-systems and protective devices, as stipulated in this respect by the engineer in consultation
with the manufacturer or supplier;
(b) not take out the machine for work nor shall he operate the machine unless he is satisfied that it
is mechanically sound and in efficient working order;
(c) maintain a record of every inspection made under clause (a) in a bound paged book kept for
the purpose and shall sign every entry made therein;
(d) keep the cabin or engine room and all window glasses clean;
(e) keep the walkways, hand-rails, ladder-ways free of loose tools, lubricants or other material that
might fall or cause a tripping hazard;
(f) not allow any unauthorised person to ride on the machine;
(g) not move or operate the machine when persons are in such proximity as to be endangered;
(h) not swing the bucket over the passing haulage units or over the cabin of units being loaded;
(i) lower the bucket to ground, switch-off the power supply to the machine or stop the prime
mover and lock the cabin door before leaving the machine;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-252-320.jpg)
![194 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(f) have an abstract of all statutory restrictions in respect of any specified working with a
reference.
(2) The conventions shown in the Schedule shall be used in preparing all plans and sections required by
these regulations.
(3) The plans and sections required by these regulations shall be accurate within such limits of error as the
Chief Inspector may specify by a general or special order.
(4) The plans and sections required by these regulations shall be maintained corrected up-to-date which is
not earlier than three months:
Provided that where any mine or seam or section is proposed to be abandoned, closed or the
working thereof to be discontinued or rendered inaccessible, the plan and section shall be brought up-to-
date before such abandonment, closure or at the time of discontinuance, as the case may be, unless such
abandonment, closure or discontinuance has been caused by circumstances beyond the control of the
owner, agent or manager, in which case the fact that the plan or section is not up-to-date shall be recorded
on it.
(5) All the reference stations at surface and the reference points of underground surveys shall be shown in
their correct position relative to the survey of India national grid within the limits of error of survey and
plotting, as specified under sub-regulation (3).
(6) Plans and sections required to be maintained under these regulations shall be kept available for
inspection in the office at the mine, and shall not be removed therefrom except by or with the approval in
writing of the Regional Inspector, unless a true copy thereof has been kept therein.
(7) The Chief Inspector may, subject to the conditions as he may specify in the order, permit preparation of
plans or sections in variance with the provisions of this regulation.
65. Type of plans.– (1) The owner, agent or manager of every mine shall keep the following plans and
sections:
(a) a surface plan showing every surface feature within the boundaries, such as telephone,
telegraph or power transmission line, watermain, tram-line, railway, road, river, watercourse,
reservoir, tank, bore-hole, shaft and incline opening, opencast working, subsidence and
building on the surface;
(b) an underground plan showing-
(i) the position of the workings of the mine belowground;
(ii) every bore-hole and shaft with depth, incline opening, cross-measure drift, goaf, fire-
stopping or seal, water-dam (with dimensions and other particulars of construction),
pumping station and haulage roadway;
(iii) every important surface feature within the boundaries, such as railway, road, river,
stream, water-course, tank, reservoir, opencast working and building which is within
200 meters of any part of the workings measured on the horizontal plane;
(iv) the general direction and rate of dip of the strata;
(v) such sections of the seam as may be necessary to show any substantial variation in the
thickness or character thereof and showing the working section, and such section of the
strata sunk or driven through in the mine or proved by boring as may be available;
(vi) the position of every roll, washout, dyke and every fault with the amount and direction
of its throw and hade;
(vii) an abstract of all statutory restrictions in respect of any specified working with reference
to the order imposing the same, and,
whenever this plan is brought up-to-date, the then position of the workings shall be shown by dotted line
drawn through the ends of the working and such dotted line shall be marked with the date of the last
survey;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-254-320.jpg)
![196 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that in respect of plans maintained under clause (b) of sub-regulation (1), combined plans
of all seams or sections, which are lying within nine meters of each other and which are worked at the mine
shall also be kept; and in the combined plans, workings in different seams or sections shall be shown in
different colours.
(3) The plans maintained under clauses (a), (b), (d), (e), (f) and (g) of sub-regulation (1) shall also show
surface contour lines drawn at vertical intervals not exceeding five meters (or ten meters in the case of a
mine where there are no working belowground or in cases of mines situated in hilly terrain, such other
interval as the Regional Inspector may permit by an order in writing and subject to such conditions as he
may specify) over the whole area lying within 200 meters of any part of the working.
(4) The plans maintained under clause (b) of sub-regulation (1) shall also show spot levels on the floor of
the working –
(a) along haulage roadways, at every roadway junction, except in roadways where tramming is
done by manual means where the spot levels may be shown at points not more than 150 meters
apart; and
(b) in the case of headings which have been discontinued either temporarily or permanently, also
at the end of such headings:
Provided that where two drifts in stone or two galleries in coal pass over one another, this shall be
clearly indicated on the plans, with appropriate noting, if necessary;
(5) A permanent bench-mark shall be established on the surface, and all levels taken above and
belowground shall be referred to a plane in relation to such bench-mark and the particulars of the bench-
mark, together with its height above Mean Sea Level shall be shown on the plans required to be maintained
under these regulations.
(6) The plans maintained under clauses (a) and (b) of sub-regulation (1) shall also show the settled
boundary of the mine, or where the boundary is in dispute, the boundaries claimed by the owner of the
mine and by the owner of the mine adjacent to the disputed boundary:
Provided that where it is not possible to show the complete boundary of leasehold on the same
plan, an additional key plan on any other suitable scale showing such boundaries and the outline of the
workings shall also be maintained.
(7) The plans maintained under clause (b) of sub-regulation (1) shall also show the workings, and all
features as specified in that clause, both above and belowground of all adjacent mines as are situated within
60 meters, measured on any plane, of the boundary claimed by the owner of the mine.
(8) The owner, agent and manager of every mine shall as soon as its working extend to within 60 meters of
the settled boundary with an adjacent mine(or where the boundary is in dispute within 60 meters of the
boundary claimed by the owner of the adjacent mine) inform the owner, agent or manager of such mine of
the fact of such extension and shall also give all reasonable facilities to the surveyors of its adjacent mines
to carry out the surveys and levellings required to be made under this sub-regulation.
(9) The Regional Inspector may, by an order in writing-
(i) require such additional details to be shown on the plans and sections maintained under these
regulations, or the preparation and maintenance of such other plans and sections showing such
details and on such scale and within such time as he may specify in the order; and,
(ii) require the owner, agent or manager to submit to him within such time such plans and
sections, or tracings thereof, as he may specify in the order.
(10) The owner, agent or manager shall, at any time if required by the Regional Inspector, show on any
plan or section the then position of the workings of the mine.
66. Plans and sections to be submitted after abandonment, closure or discontinuance.– (1) Where any
mine or seam or section thereof is abandoned, closed or the working thereof has been discontinued over a
period exceeding sixty days, the person who was the owner of the mine at the time of abandonment, closure
or discontinuance shall, within thirty days after the abandonment or closure, or within ninety days after the
discontinuance of the workings, as the case may be, submit to the Chief Inspector two true copies of the up-
to-date plan and section of the workings of the mine or seam or section maintained under clauses (a), (b),](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-256-320.jpg)
![198 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that nothing in this sub-regulation shall, exempt the owner, agent or manager of their
responsibility to ensure that every plan or section prepared, kept or submitted under these regulations or by
any order made thereunder is correct and maintained up-to-date as required thereunder.
70. Plans to be checked on change of ownership or on reopening, etc.– (1) When there is a change in
ownership of a mine, or where a mine or part thereof is re-opened, or where in any mine or part thereof it is
intended to start any extraction or reduction of pillars, the owner, agent and manager shall ensure that the
plans and sections of the mine or part are accurate:
Provided that if any doubt arises as to the accuracy of the plans and sections in any respect, he shall
have accurate plans and sections prepared afresh before any drivage or other work of development or of
extraction or reduction of pillars is commenced.
(2) If the Regional Inspector is of the opinion that any plan or section prepared, kept or submitted under
these regulations is inaccurate, he may, by an order in writing, require a fresh survey made and a new plan
or section prepared within such time as he may specify therein.
(3) If the plan or section required to be prepared under sub-regulation (2) is not prepared within the time
specified in the order, or to the satisfaction of the Regional Inspector, or the plan or section is not prepared
or updated as required under these regulations, he may get the plan or section prepared by any other agency
and the cost thereof, as certified by the Chief Inspector, shall be defrayed by the owner of the mine and be
recoverable from him as an arrear of land revenue.
CHAPTER VII
MEANS OF ACCESS AND EGRESS
71. Outlets from a mine.– (1) Except for the duration of shaft sinking or the drivage of other means of
access and egress from the mine together with the necessary development work, no person shall be
employed, or be permitted to enter or remain for the purpose of employment, in any working belowground,
unless the working is provided with at least two shafts, inclines or other outlets to surface-
(a) with which every seam or section for the time being at work has a communication so as to
afford separate means of ingress and egress to the persons employed therein;
(b) which do not have their surface openings in the same building; and
(c) which are under the sole control of the manager:
Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit the employment belowground of persons even in a case where the two shafts,
inclines or outlets are not under the control of the same manager.
(2) The Chief Inspector may, by an order in writing and subject to such conditions as he may specify
therein, permit the employment belowground of restricted number of persons even in a case where places in
the working of the mine do not contain two means of egress from each working place.
(3) Suitable arrangements shall be made for persons to descend and ascend by each of such means of
access and egress; and
(a) where shaft is more than 30 meters in depth, such arrangements shall be by mechanical means
so installed and maintained as to be constantly available for use; and
(b) where the incline is more than one kilometer in length (one way) or the travel by persons is
arduous, a suitable man-riding system approved in writing by the Chief Inspector shall be
provided for persons to access and egress from the workings of the mine:
Provided that in case of any doubt as to whether any such arrangement referred to in clause (a) or
clause (b) is suitable or not, it shall be referred to the Chief Inspector for decision.
(4) Both the means of egress and the equipment used therein for the transport of persons shall be kept
constantly in a safe condition to facilitate ease of traveling, including clearances for hand carried stretchers.
(5) Where in any shaft, ladders are used as a means of ingress or egress of persons employed in a mine,
every such ladder shall –
(i) be of strong construction;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-258-320.jpg)
![200 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
shaft, shall be kept securely fenced so designed and constructed as to prevent any person accidentally
falling down the shaft or coming into contact with a moving part of the hoisting equipment provided in the
shaft.
(2) Every walkable entrance from the surface to the workings belowground shall be provided with a
substantial gate which shall be kept closed and locked when there are no persons belowground:
Provided that where such entrance is not used as a means of ingress or egress in or out of the mine,
it shall be permanently closed so as to effectively prevent persons from entering therein.
74. Outlets from mine parts.– Every part of a mine shall, where practicable, be provided with at least two
ways of affording means of egress to the surface:
Provided that if any doubt arises as to whether the provision of two such ways is practicable or not,
it shall be referred to the Chief Inspector for decision.
75. Periodic examination of shaft, incline and other outlets.– (1) Every shaft, incline and other outlet
provided as required by regulation 71 shall be examined, once at least in every seven days, by an overman
or other competent person and a report of every such examination shall immediately thereafter be recorded
in a bound paged book kept for the purpose and shall be signed and dated by the person making the
examination.
(2) Every mechanised outlet shall be examined at least once in every seven days by an engineer or electrical
supervisor or foreman or any other competent person duly authorised in writing by the engineer and a
report of every such examination shall immediately be recorded in a bound paged book kept for the purpose
and signed and dated by the person making the examination.
(3) The bound paged book so maintained under sub-regulations (1) and (2) by the electrical supervisor or
foreman or any other competent person shall also be checked and countersigned by the engineer and
manager.
(4) If at the time of such examination or at any other time, the shaft, incline or other outlet is found to be
not safe, it shall not be used for any purpose, except as a natural airway, until it has been made safe in all
respects and a report of every such action taken shall be recorded in the book kept under sub-regulation (1).
CHAPTER VIII
WINDING IN SHAFTS
76. Appointment of winding engineman.– (1) No person shall be appointed as a winding engineman
unless he holds an Engine Driver’s Certificate:
Provided that this sub-regulation shall not apply to the driver of an electrical winding engine upto
thirty horsepower or a steam or compressed air winding engine which has cylinders not exceeding eighteen
centimeters in diameter and which is not used for raising or lowering of persons.
Provided further that, after coming into force of these regulations, a First or Second Class Engine
Driver’s Certificate granted under regulation 12 of the Coal Mines Regulations, 1957, shall, each be also
deemed to have been granted as an Engine Driver’s Certificate under regulation 11 of these regulations.
(2) Where special difficulties exist which make compliance with the provisions of sub-regulation (1) not
reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, relax the said provisions.
(3) No person, other than a winding engineman appointed under sub-regulation (1) shall operate any
winding engine:
Provided that in an emergency any other competent person may be permitted to operate the
winding engine.
(4) The name of the winding engineman on duty, together with the period of his shift shall be posted in the
winding engine room:
Provided that where the Regional Inspector is of the opinion that the duties of any winding
engineman are unduly arduous, he may by an order in writing require the period of his shift to be reduced
to such period, not less than five hours, as he may specify.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-260-320.jpg)
![202 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(b) At least one of the brakes shall be so designed that the brake remains at the ‘on’ position
except when operated.
(c) Where the brake or brakes are power-operated, at least one of them shall be arranged to be
applied automatically at all times if the power supply fails.
(d) The brake on the drum shall be used only for the purpose of keeping such drum stationary and
not for lowering the cage or other means of conveyance, except in cases where the engine is to
be worked at a very low speed as when examining the winding rope or the shaft.
(6) Where the winding engine is worked by steam or compressed air, a screw stop-valve shall not be used
as controlling valve of the engine.
(7) Every engine shall be equipped with a reliable depth-indicator (in addition to any mark on the rope)
showing to the winding engineman the position of the cage or other means of conveyance in the shaft, and
an automatic device that will ring a bell in the engine room when the ascending cage or other means of
conveyance is at a distance of not less than two revolutions of the drum from the top of the shaft.
(8) The depth-indicator referred to in sub-regulation (7) shall be tested after every adjustment or
replacement of the winding rope.
80. Shaft fittings. – (1) At every winding shaft, other than a shaft in the course of being sunk to which the
provisions of regulation 84 shall apply, the provisions of sub-regulation (2) to sub-regulation (11) shall
have effect.
(2) (a) Two independent and efficient means shall be provided and maintained for interchanging separate,
distinct and definite signals between the top of the shaft and-
(i) the bottom or other permanent landing of the shaft; and
(ii) every inset for the time being in use,
and one of such system shall be by electrical means.
(b) There shall also be provided and maintained efficient means for transmitting signals from the top
of the shaft to the winding engineman and all signals shall be transmitted by mechanical or electrical
means;
(3) In signaling, the following code of signals shall be used and strictly observed:
ONE RAP : STOP when engine in motion
ONE RAP : RAISE when engine at rest.
TWO RAPS : LOWER
THREE RAPS : MEN ready to ascend or descend
THREE RAPS : IN REPLY men may enter the cage or other means of
conveyance:
Provided that any other signals shall be in addition to, and shall not interfere with, the foregoing.
(4) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at
the top of the shaft and at every such inset and landing and also in the winding engine room.
(5) No person other than the banksman or onsetter shall give any signals unless he is an official of the mine
or is authorised in writing by the manager to give signals.
(6) Any defect in the signaling system shall be immediately reported to an official who shall take action to
have the defects rectified.
(7) In addition to the system of signaling provided in this regulation, another effective means of two way
communication or telecommunication system shall also be provided so that the winding engine driver,
banksman, onsetter, persons travelling inside the cage or any other person can contact and communicate
with each other without any difficulty and hindrance.
(8) (a)The shaft shall be provided with sufficient number of guides to ensure smooth and safe travel of the
cage or other means of conveyance.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-262-320.jpg)
![204 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(7) Except in friction winders, there shall be provided between the rope and the cage or other means of
conveyance, a detaching hook.
(8) The space between such detaching hook, measured from the centre of the hole for attaching it to the
rope shackle, and the detaching-bell or plate when the cage or other means of conveyance is at its normal
position at the top of the shaft, shall be not less than 1.8 meters where a geared engine is used, and not less
than 3.6 meters where a direct acting engine is used.
(9) In every shaft, the engine shall be fitted with an automatically recording speed indicator.
(10) (a) In every shaft, there shall be provided an effective automatic contrivance to prevent
overspeeding and overwinding, hereinafter called the ‘Automatic Contrivance”, which shall
prevent the descending cage from being landedat the pit bottom or other permanent landing at
a speed exceeding 1.5 meters per second and also control the movement of the ascending cage
in such a manner as to prevent danger to persons riding therein.
(b) The Chief Inspector may, by an order in writing, specify the maximum speed of winding in any
shaft.
(c) Test of every Automatic Contrivance and every brake shall be made by the engineer or other
competent persons appointed for the purpose, in the following manner, namely:-
(i) once at least in every seven days, by raising each cage or other means of conveyance, in
turn, to pass the last control point above the topmost landing;
(ii)once at least in every three months, by attempting to land the descending cage at excessive
speed and for the purpose of this test, the setting of the Automatic Contrivance may be
altered so that a pre-determined point in the shaft is regarded as the landing;
(iii) the results of every such test shall be recorded in a bound paged book kept for the
purpose, and shall be signed and dated by the person making the test.
(d) Unless the Automatic Contrivance is in full and fixed engagement with the winding engine, it
shall be fully engaged, either automatically or by the winding engineman, whenever persons
are to be lowered or raised; and an automatic indicator to show that this has been done shall be
provided in such a position as to be easily seen by the banksman.
(e) The banksman shall not allow any person to enter a cage or other means of conveyance until the
indicator shows that the Automatic Contrivance has been fully engaged.
(11) In addition to the Automatic Contrivance provided to prevent overwinding, a point shall be fixed and
marked on the indicator of the engine in such a way as to show when the cage or other means of
conveyance is at a distance of not less than twice the circumference of the drum from the completion of the
wind; and if such cage or other means of conveyance contains persons, the winding engineman shall not, as
soon as it has reached the point aforesaid, raise it for the remaining distance at a speed exceeding 1.2
meters per second.
(12) Where the only means of egress in a mine is by apparatus worked by steam or electricity, precautions
shall be taken to ensure that the two winding engines do not fail simultaneously and in particular, in the
case of electric winding engines, the engines shall be capable of being connected to two separate power
supplies.
(13) Unless otherwise directed by the Chief Inspector by an order in writing, the provisions of the sub-
regulation (12) shall be deemed to have been complied if an emergency winding gear is maintained.
(14) (a) Every cage or other means of conveyance in which persons ride, shall be –
(i) covered completely at the top;
(ii) closed in at the two sides in a manner sufficient to prevent persons or things from
projecting beyond the sides;
(iii) provided with a rigid hand-bar fixed in a position where it can be easily reached by all
persons in the cage or other means of conveyance;
(iv) provided with suitable gates or other rigid fences such that the gap between the floor of
cage or other means of conveyance and the lowest part of the gate or fence does not](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-264-320.jpg)
![206 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(ii) efficient means for transmitting such signals from the top of the shaft to the winding
engineman.
(b) The signaling appliances shall be examined by a competent person once at least in every twenty-
four hours and the result of every such examination shall be recorded in a bound paged book
kept for the purpose and shall be signed and dated by the person making the examination.
(c) Except with the permission in writing of the Chief Inspector and subject to such conditions as
he may specify therein, the following code of signals shall be used and observed in signaling-
ONE RAP STOP when engine in motion
ONE RAP TAKE UP SLACK when engine at rest.
ONE RAP RAISE SLOWLY
TWO RAPS LOWER
THREE RAPS TAKE UP SLACK when men are riding:
Provided that, any other signals shall be in addition to, and shall not interfere with the
foregoing.
(d) A printed copy of the code of signals, including additional signals, if any, shall be posted
prominently at the top of the shaft and also in the winding engine room.
(e) Except while riding in a bucket or other means of conveyance, no person other than the person
authorised in writing by the manager, shall give any signal.
(6) Every bucket or other means of conveyance in which persons or materials are conveyed, shall be of
strong construction and so maintained as to prevent persons or materials from falling.
(7) (a) At the top of the shaft or at the landing where the bucket or other means of conveyance is
normally landed, suitable covering with door shall be provided:
Provided that, except as may be required for the passage of the bucket or other means of
conveyance, the covering and doors shall always be kept closed.
(b) Where the shaft exceeds 45 meters in depth, the persons working at the bottom of the shaft
shall also be protected by an adequate protective covering, extending over the whole area of
the shaft which shall be provided with a door for the passage of the bucket or other means of
conveyance, to be kept lowered to within 22.5 metres of the bottom of the shaft at all times
when sinking is in progress:
Provided that where special circumstances exist, the Chief Inspector may, by an order in writing
and subject to such conditions, as he may specify therein, grant an exemption from the provisions of this
clause.
(8) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in
the bucket or other means of conveyance at one time; and a notice specifying such number shall be posted
prominently at the top of the shaft.
(9) When tools, implements or other materials are lowered or raised, the banksman or an authorised person,
as the case may be, shall see that -
(i) the bucket is properly loaded;
(ii) materials are not loaded above the rim;
(iii) long timber, pipes, rails, tools or other material with ends projecting over the rim are
securely fastened to the rope, chains or bow; and
(iv) the bucket, before being sent away, is steadied, and the bottom and sides thereof are
free from adhering material.
(10) Where guides are provided, the bucket or other means of conveyance shall be raised slowly from the
bottom of the shaft, until the rider is picked up.
(11) While persons are at work on any scaffold or platform in the shaft, the following precautions shall be
strictly observed, namely:-](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-266-320.jpg)
![208 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(d) If the Regional Inspector is of the opinion that any rope has become unsafe for use in a shaft before
the expiry of the period of three and a half years aforesaid, he may, by an order in writing, prohibit the use
of such rope for winding purposes. An appeal against any such order may be preferred to the Chief
Inspector.
(5) (a) No mode or type of capping shall be used, which fails to withstand a load of at least ten times the
maximum static load thereon.
(b) The cappel of a round rope shall not be attached to the rope by rivets passing through the rope.
(c) No bent back wire type cappel shall be used with winding rope.
(d) Where white metal is used in the capping of ropes, the tapered portion of the socket shall not
be less than six and a half times the diameter of the rope for the size up to 26 millimeter and
seven and one third times in case of ropes of diameters higher than 26 millimeter.
(e) If white metal is used in the capping of ropes,-
(i) its melting point shall not exceed 300 degrees centigrade, and its temperature when
poured into the socket shall not exceed 363 degrees centigrade;
(ii) in the length of rope which is to lie within the tapered part of the socket, the fibre core,
if any, shall be cut and the wires shall be untwisted and thoroughly cleaned;
(iii) the socket shall be heated to a temperature of about 100 degrees centigrade before the
white metal is poured into it.
(6) Except in friction winder,-
(a) every rope shall be recapped once at least in every six months, or if necessary, at shorter
intervals and also after every overwind; and
(b) before every recapping, a length, including the capping, of at least two meters shall be cut off
the rope, and every piece of rope so cut-off shall be opened and its internal condition
examined.
(7) The recapping of rope shall be carried out under the supervision of the engineer or other competent
person, who shall record the date and other particulars thereof (including the length of the rope remaining
after recapping) in a bound paged book kept for the purpose and shall sign and date the same.
86. Suspension gear.– (1) All parts of the suspension gears shall be of a type as approved by the Chief
Inspector.
(2) All parts of suspension gear in regular use shall unless otherwise permitted by the Chief Inspector, be
renewed after a period of service of not more than six years, and at shorter intervals, if necessary.
(3) The factor of safety shall not be less than ten for components of suspension gears and threaded joints
shall be avoided:
Provided that wherever it is not practicable to avoid a threaded joint, a factor of safety not less than
fifteen shall be ensured.
(4) (a) All cage chains in general use and all other parts of suspension gear between the rope and the cage
or other means of conveyance, including the detaching-hook, shall be taken apart, cleaned and
carefully examined as to wear and tear (where necessary by gauging) and for rust and cracks, once at
least in every six months, or if necessary, at shorter intervals; and various parts shall be annealed or
given other proper heat treatment, in a proper furnace where the temperature can be controlled,
before being refitted:
Provided that in the case of such chains or gear manufactured from a steel which is not liable to
deterioration necessitating annealing or heat treatment, the Chief Inspector may by an order in writing and
subject to such conditions as he may specify therein, grant exemption from the carrying out of this
operation:
Provided further that detaching hooks used in sinking shafts shall be taken apart, cleaned and
carefully examined once at least in every week and the shear pin replaced by a new one every time such
examination is carried out.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-268-320.jpg)
![210 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(b) No person shall enter or cross, or be permitted to enter or cross the exposed space at the bottom of
any working shaft except for the purpose of entering or leaving a cage or other means of conveyance
or for undertaking an examination, repair or any other work therein; and no person shall be allowed
to work in any such space unless the cages or other means of conveyance, if any, have been stopped
and adequate precautions have been taken for the protection of such person.
90. Duties of persons riding or working in shafts.– (1) No person shall get on or off a cage or other
means of conveyance after the same has been signaled to be set in motion or leave it until it has reached the
appointed stopping place; nor shall any person ride on the top or edge of any cage or other means of
conveyance except when engaged in an examination, repair or any other work in the shaft.
(2) Every person, when at or about the top or bottom of a shaft or any inset, shall obey the lawful orders
and directions of the banksman or onsetter, as the case may be.
(3) (a) No person shall carry out any examination, repair or other work in any shaft while winding
operations are being carried on; and no winding shall be carried on or permitted while persons are
engaged in such examination, repair or work, except where winding is necessary for the same.
(b) The person in immediate charge of any examination, repair or work in any shaft shall warn the
banksman and the winding engineman that such examination, repair or work is about to be
undertaken.
(c) Every person while engaged in any examination, repair or other work in a shaft shall be accompanied
by at least one other person; and all such persons shall be provided with safety belts of a type
approved by the Chief Inspector and effectivelyprotected against the risk of falling.
(d) Every person engaged in carrying out an examination, repair or other work in a shaft shall be
protected by a suitable covering from objects falling from above and every such person shall also be
provided with a protective hat and shall wear the same when so engaged.
91. General precautions.– (1) No unauthorised person shall enter or be allowed, in a winding engine
room.
(2) No adolescent shall descend or ascend a shaft in a cage or other means of conveyance unless
accompanied by one or more adult males.
CHAPTER IX
HAULAGE
92. Haulage roadways.– (1) The provisions of sub-regulation (2) to sub-regulation (20) shall apply with
respect to every length of road or roadway in a mine where materials are transported in tubs by means of
gravity or mechanical power.
(2) Every such roadway shall-
(a) be of adequate dimensions and, as far as practicable, shall be straight and of regular gradient; and
(b) have tracks properly laid with rails of adequate section.
(3) (a) Pulleys, sheaves and rollers that alter the direction of a rope shall be securely fixed.
(b) No person shall guide or adjust a moving rope on to a drum, pulley, sheave or roller except with a
lever or other proper appliance.
(4) Where haulage is effected by one or more ropes, there shall be provided and maintained -
(a) at the top of every inclined plane, at least one stop-block or other effective contrivance to arrest tubs
from running or moving out of control; and
(b) at least one run away switch or other effective contrivance below the first stop-block or other
effective contrivance at a distance greater than the length of a set or train of tubs:
Provided that such distance shall not exceed the length of a set or train of tubs by more than 10
meters:](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-270-320.jpg)
![212 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(10) At places where telephone receivers are installed or where signals and safety contrivances are
regularly operated, every person using the telephone or operating any such signal or safety contrivance
shall be afforded adequate protection against tubs moving out of control.
(11) Where any person is allowed to work or pass while the haulage is in motion, manholes for refuge
shall be provided at intervals of not more than ten metres:
Provided that where the gradient is less than one in six, such manholes may be provided at intervals
of not more than twenty metres.
(12) Manholes shall be not less than 1.8 metres in height and 1.2 metres in depth, and not less than 0.75
metres but not more than one meter in width:
Provided that where the roadway is less than 1.8 metres in height, the manholes may be made to the
full height of the roadway:
Provided further that the Regional Inspector may, by an order in writing and subject to such
conditions as he may specify therein, permit the use as manholes of cross-roadways other than haulage
roadways, of dimensions larger than those aforesaid.
(13) Where there are serious practical difficulties in providing manholes of the interval and the
dimension specified in sub-regulations (11) and (12), the Regional Inspector may, by an order in writing
and subject to such conditions as he may specify therein, permit manholes to be at greater intervals or of
other dimensions.
(14) Every manhole shall be kept clean and clear of obstruction, and white washed both inside and for a
distance of not less than 0.3 meter around the aperture.
(15) As far as practicable, all manholes shall be provided on one side of the haulage roadway.
(16) Except where haulage is effected by means of an endless rope or chain, whenever the haulage rope
is in motion, every person on the haulage roadway shall take shelter in a manhole.
(17) The manager shall, by an order in writing, in respect of every haulage road or roadway, fix the
maximum number of loaded or empty tubs to be coupled together to run as a set or train and a notice
specifying the number of tubs so fixed shall be posted prominently at the top and at all regular stopping
places of the haulage road or roadway.
(18) At all places where tubs are coupled or uncoupled, there shall be a clear space of not less than one
meter –
(a) between, the tubs and one side of the roadway; and
(b) where there are two or more tracks also between the adjacent tracks.
(19) When any roadway or face is in direct line with a haulage track and persons may be exposed to
danger from runaway tubs, a strong buffer or other effective contrivance to prevent such danger shall be
provided and maintained.
(20) A stop-block or other effective contrivance shall be provided near the entrance of every tramming
roadway branching off the main haulage road or roadway, and on every track which slopes towards a shaft.
93. Travelling roadways.– (1) Except when an exemption in writing has been granted by the Regional
Inspector and subject to the conditions as he may specify therein, travelling roadways in the intake airways
separate from haulage roadways on which haulage is effected by mechanical means or gravity, shall be
provided for persons to travel to and from their working places.
(2) Every travelling roadway shall –
(a) be not less than 1.8 meters high for the entire strech;
(b) where the inclination exceeds 30 degrees from the horizontal, be provided with suitable steps or
ladders;
(c) where the inclination exceeds 45 degrees from the horizontal, be provided, in addition to steps or
ladders, with hand rails or ropes so as to ensure safe travel;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-272-320.jpg)
![214 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(11) Every tub while standing on a track having a gradient of more than one in twenty shall unless held
effectively by brakes or securely coupled to a haulage rope or locomotive, be effectively blocked, chained
or otherwise secured.
(12) Except where haulage is effected by means of an endless rope, the coupling and uncoupling of tubs
shall, as far as practicable, be done only when the tub or set of the tubs, and the rope if connected to the set,
is not in motion.
(13) As far as practicable, tubs shall not be coupled or uncoupled on a gradient.
(14) No person shall ride on any tub or haulage rope.
95. Brakes of haulage engines.- Every haulage engine shall be provided with an effective brake.
96. Haulage ropes.– (1) No rope shall be used for purposes of haulage if it has any serious visible defect
over any length orits factor of safety is less than eight.
(2) Every rope which is capped shall be recapped once at least in every six months, and if necessary, at
shorter intervals, under the supervision of a competent person.
(3) No rope which has been spliced shall be used in direct haulages.
(4) For every haulage rope in use, a record of size, construction, quality, name of supplier and dates of
installation and of recapping shall be kept in a bound paged book kept for the purpose, and all entries
therein shall be made by the competent person who shall sign the same and date his signature.
97. Roadway conveyors.– (1) Every roadway conveyor shall be so installed that –
(a) between the conveyor and one side of the roadway, there is a travelling space free from obstruction
not less than one meter wide;
(b) the conveyor or any part thereof does not scrape against wooden props or supports;
(c) the anchoring of the return station of the conveyor is independent of the face or roadway support;
(d) in case a number of belt conveyors are used in series, safety fittings such as sequential control and
sequential interlock shall be provided; and
(e) it can be stopped from any place along the entire length of the conveyor by providing pull cord
switches or any other suitable system.
(2) Where the inclination of the conveyor is such as to give rise to danger from sliding objects or
material, suitable device shall be used to provide adequate protection against such danger.
(3) On every length of roadway in which a conveyor is installed for transporting loads over a distance
exceeding 30 meters, there shall be provided and maintained effective means of transmitting signals from
every point on the length of the roadway to the place at which the machinery working the conveyor is
operated:
Provided that the Regional Inspector may, by an order in writing, require means of transmitting
signals in the reverse direction also.
(4) The conveyor operator and the cabin or place from where the conveyor is operated shall be
provided with an effective means of telecommunication along with broadcasting facilities through which
the operator can communicate to any person present in the conveyor roadway at any place of the
installation and such system of telecommunication shall have facilities of both way communications.
(5) Audio-visual pre-start warning alarm shall also be provided in the entire length of the roadway
conveyor so as to warn persons of imminent dangers due to starting of the belt conveyor.
(6) The manager shall formulate a code of practice for safe installation, operation, maintenance and use
of belt conveyor belowground including extension of belt conveyor and shifting it from one place in the
mine to another and submit the same to the Regional Inspector at least thirty days before the
commencement of the installation of the belt conveyor belowground; and the Regional Inspector may, at
any time by an order in writing, require such modifications in the code of practice as he may think fit in the
interest of safety.
(7) In case the belt conveyor is intended for the purpose of man-riding, the manager shall formulate a
separate code of practice for safe installation, operation, maintenance and use of the belt conveyor for the](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-274-320.jpg)
![216 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(5) No locomotive or wagon shall be moved when the natural light is insufficient, unless the
approaching end is distinguished by a suitable light or is accompanied by a person carrying a lamp.
(6) No person, other than the competent person referred to in sub-regulation (1), shall pass
immediately in front of wagons moving under bins or screens, nor between moving wagons and the under-
structure of the bins or screens.
(7) No person shall be upon the buffer of a locomotive or wagon in motion unless there is a secure
hand-hold, or stand thereon and unless there is also a secure footplate.
(8) No person shall pass over the coupling between any two wagons while the wagons are moving.
(9) No person shall cross a line of rails by crawling or passing underneath a train or wagon, nor shall a
person sit or sleep underneath a wagon.
(10) Wherever railway wagons are specially placed so as to afford a thoroughfare, such thoroughfare
shall be not less than five meters in width.
(11) No material shall be placed or dumped within 1.2 meters from either side of a track of rails.
(12) All space between the rails at switches and crossings in which the foot of a person is liable to be
caught shall be kept filled with concrete, tar, asphalt, or wooden blocks.
103. Fencings and gates.– (1) Where any haulage road, tramline, rail line or haul road passes over a public
road, suitable gates shall be provided to prevent danger to public from a moving tub, set or train of tubs,
locomotive or machinery and every such gate shall be fitted with a danger signal, and when the natural light
is insufficient, also with warning lamps.
(2) Where occupied buildings are situated within 15 meters of any haulage road, tramline, rail line or
haul road, a substantial fence shall be provided and maintained between such buildings and the haulage
road, tramline, rail line or haul road.
CHAPTER X
MINE WORKING
104. Safety management plan.- (1) The owner, agent and manager of every mine shall-
(a) identify the hazards to health and safety of the persons employed at the mine to which they
may be exposed while at work;
(b) assess the risks to health and safety to which employees may be exposed while they are at
work;
(c) record the significant hazards identified and risks assessed;
(d) make those records available for inspection by the employees; and
(e) follow an appropriate process for identification of the hazards and assessment of risks.
(2) The owner, agent and manager of every mine, after consulting the safety committee of the mine
and Internal Safety Organisation, shall determine all measures necessary to-
(a) eliminate any recorded risk;
(b) control the risk at source;
(c) minimise the risk; and
(d) in so far as the risk remains,
(i) provide for personal protective equipment; and
(ii) institute a program to monitor the risk to which employees may be exposed.
(3) Based on the identified hazards and risks, the owner, agent and manager of every mine shall
prepare an auditable document called “Safety Management Plan”, that forms part of the overall
management and includes organisational structure, planning, activities, responsibilities, practices,
procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining a
safety and health policy of a company.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-276-320.jpg)
![218 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(5) No tree, loose stone or debris shall be allowed to remain within a distance of three meters from the
edge or side of the excavation.
(6) No person shall undercut any face or side or cause or permit such undercutting as to cause any
overhanging.
106. Mechanised opencast working.- (1) In all mechanised opencast workings, the precautions specified
in sub-regulation (2) to sub-regulation (6) shall be observed.
(2) Before starting a mechanised opencast working, the owner and agent of the mine shall ensure that
the mine, including its method of working, ultimate pit slope, dump slope and monitoring of slope stability,
has been planned, designed and worked as determined by a scientific study and a copy of the report of such
study has been kept available in the office of the mine:
Provided that in case of mines where such a study has not been made, it shall be the responsibility
of the owner and agent to get the said study made within one year from the date of coming into force of
these regulations.
(3) The owner, agent and manager of every mechanised opencast mines shall ensure that the
recommendations made in the report of scientific study referred to in sub-regulation (2) are complied with.
(4) The height of the benches in overburden consisting of alluvial soil, morum, gravel, clay, debris or other
similar ground shall not exceed 3 meters and the width thereof shall not be less than three times the height
of the bench.
(5) The height of benches in coal and overburden of rock formation other than that mentioned in sub-
regulation (4) shall not be more than the digging height or reach of the excavation machine in use for
digging, excavation or removal, and the width thereof shall not be less than -
(a) the width of the widest machine plying on the bench plus two meters; or
(b) if dumpers ply on the bench, three times the width of the dumper; or
(c) the height of the bench,
whichever is more.
(6) Notwithstanding anything contained in sub-regulations (2), (4) and (5), the Chief Inspector may, by
an order in writing and subject to such conditions as he may specify therein, require or permit the height
and width of benches in variance with aforesaid.
107. Reclamation.- All excavations made by opencast mining shall be suitably reclaimed by back filling
or by any other means.
108. Spoil-banks and dumps.- (1) While removing overburden, the top soil shall be stacked at a separate
place, so that, the same is used to cover the reclaimed area.
(2) The slope of a spoil bank shall be determined by the natural angle of repose of the material being
deposited but, in any case, shall not exceed 37.5 degrees from the horizontal:
Provided that where in any mine, a steeper slope of spoil bank has been recommended as a result of
a scientific study by any scientific agency or institution, having expertise in slope stability, the Regional
Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit a
steeper slope of the spoil bank.
(3) Loose overburden and other such materials from opencast workings or other rejects from washeries
or from other sources shall be dumped in such a manner that there is no possibility of dumped material
sliding.
(4) Any spoil bank exceeding 30 metre in height shall be benched so that no bench exceeds 30 metre in
height and the overall slope shall not exceed 1 vertical to 1.5 horizontal.
(5) The toe of a spoil-bank shall not be extended to any point within 100m of a mine opening, railway
or other public works, public road or building or other permanent structure not belonging to the owner.
(6) A suitable fence shall be erected between any railway or public works or road or building or
structure not belonging to the owner and the toe of an active spoil bank so as to prevent unauthorised
persons from approaching the spoil-bank.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-278-320.jpg)
![220 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Table
Depth of seam from surface Where the width
of the galleries
does not exceed
3.0 meters
Where the
width of the
galleries does
not exceed 3.6
meters
Where the width
of the galleries
does not exceed
4.2 meters
Where the
width of the
galleries does
not exceed 4.8
meters
The distance between centres of adjacent pillars shall not be less than
(1) (2) (3) (4) (5)
Meters Meters Meters Meters
Not exceeding 60 meters 12.0 15.0 18.0 19.5
Exceeding 60 but not
exceeding 90 meters
13.5 16.5 19.5 21.0
Exceeding 90 but not
exceeding 150 meters
16.5 19.5 22.5 25.5
Exceeding 150 but not
exceeding 240 meters
22.5 25.5 30.5 34.5
Exceeding 240 but not
exceeding 360 meters
28.5 34.5 39.5 45.0
Exceeding 360 meters 39.0 42.0 45.0 48.0
(5) The Chief Inspector may by an order in writing and subject to such conditions as he may specify
therein, exempt a mine or part thereof to form pillars in variance to that specified in the sub-regulations (3)
and (4).
(6) Nothing in sub-regulation (2), (3), (4) and (5) shall apply to workings in a mine made before 7th
September, 1926 and the following provisions shall apply to all workings made prior to said date, except
during the extraction or reduction of pillars,-
(a) if the distance between the centers of adjacent pillars is smaller than that specified in the table under
sub-regulation (4), the pillars shall not be further reduced; or
(b) if the distance between the centers of adjacent pillar is not smaller than that specified in the table
under sub-regulation (4), the pillars shall not be so reduced as to render such distance smaller than –
(i) the distance so specified; or
(ii) any distance required in this behalf by the Chief Inspector; and
(c) the height and width of the galleries shall not be further increased without the permission in writing
of the Regional Inspector and subject to such conditions as he may specify therein.
(7) In the case of all workings, where in the opinion of the Regional Inspector the dimensions of pillars
or galleries are such as to render that crushing of pillars or the premature collapse of any part of the
workings is likely to occur either before or during the extraction of pillars, he may, by an order in writing,
require such modification of the dimensions aforesaid in respect of any future working as he may specify.
112. Depillaring operations.– (1) No extraction or reduction of pillars shall be commenced, conducted or
carried out except with the previous permission in writing of the Regional Inspector and in accordance
with such conditions as he may specify therein.
(2) An application, for permission under sub-regulation (1) shall be accompanied by two copies of an
up-to-date plan of the area where pillars are proposed to be reduced or extracted, showing the proposed
extent of extraction or reduction of pillars, the manner in which such extraction or reduction is to be carried
out, the thickness and depth of the seam, the nature of the roof, and the rate and direction of dip.
(3) The extraction or reduction of pillars shall be conducted in such a way as to prevent, as far as
possible, the extension of a collapse or subsidence of the goaf over pillars which have not been extracted.
(4) Save as otherwise provided under sub-regulation (5), no pillars shall be reduced or split in such a
manner as to reduce the dimensions of the resultant pillars below those required by regulation 111 or by
any order made thereunder, nor shall any gallery be so heightened as to exceed three meters.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-280-320.jpg)
![222 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
117. Pointing out of contraventions during inspections.- (1) If the Chief Inspector or an Inspector,
during his inspection of any mine, finds or comes to know about contravention of any of the provision of
the Act or the regulations, rules, bye-laws or orders made thereunder, he shall enter such contravention in
an interleaved, paged and bound register maintained in a Form as may be specified by the Chief Inspector
for the purpose, and shall also point out such contravention to the owner, agent or manager, if present on
the spot.
(2) The Chief Inspector or the Inspector making the entry of the contraventions in the register referred
to in sub-regulation (1) shall duly sign such entries with date, and take a carbon copy of the entries for his
record:
Provided that the Chief Inspector or the Inspector need not enter such contravention which require
confirmation after a survey or further examination, and he may subsequently intimate the owner, agent or
manager, specifying the contravention, if confirmed, and also any other contraventions which were, by
inadvertence, not entered in the said register:
Provided further that an entry made in the register or the absence of an entry therein, as also a
communication in pursuance with the first proviso or absence thereof, shall not in any way limit the duties
or obligations of a person under the Act or the regulations, rules, bye-laws or orders made thereunder.
(3) When an entry is made in the register, –
(a) the owner, agent and manager shall each be deemed to know what is contained in that entry;
and
(b) a copy thereof shall be displayed within one day of the date of such entry on the notice board
of the mine for not less than fifteen days.
(4) The owner, agent or manager of the mine shall return one copy, within a period not exceeding
fifteen days from the date of the entry, to the Chief Inspector or the Inspector who made the entry with
remarks thereon showing the action taken to remedy the contravention and the date on which such action
was taken.
(5) The register shall–
(a) be kept available for inspection in the office of the mine for a period of at least three years
after the date of making of the last entry in it; and
(b) not be removed therefrom before the expiry of the said period, except by or with the previous
approval in writing of the Regional Inspector.
118. Multi-section and contiguous working.- (1) No work in a higher seam or section shall be done over
an area in a lower seam or section which may collapse.
(2) No working shall be made in more than one section in any seam, nor shall workings be made in any
two seams lying within nine meters of each other, without the prior permission in writing of the Chief
Inspector and subject to such conditions as he may specify therein.
(3) Every application for permission under sub-regulation (2) shall be accompanied by two copies of a
plan showing the proposed layout of the workings, section of the seam or seams, the depth of the seams
from the surface, the rate and direction of dip, the proposed dimensions of pillars and galleries in each seam
or section, and the thickness of the parting between the seams or sections.
(4) Where two or more such seams or sections are worked in a mine, the pillars in one seam or section
shall, as far as practicable, be vertically above or below the pillars in the other seam or section unless the
strata are inclined at an angle of more than 30 degrees from the horizontal.
(5) The parting left between any two seams or sections shall not be less than three meters in thickness
at any place:
Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit or require a smaller or greater thickness of parting, as the case may be.
119. Working under railways and roads, etc.– (1) No working shall be made and no work of extraction
or reduction of pillars shall be conducted at, or extended to, any point within 45 meters of any railway, or
of any public works in respect of which this regulation is applicable by reason of any general or special
order of the Central Government, or of any public road or building, or of other permanent structure not](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-282-320.jpg)
![224 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
exercised by one manager, the Chief Inspector may, by an order in writing, require the mine to be split into
two or more separate mines.
(2) No working shall be made within a distance of 7.5 meters of the boundary of any mine and, in case
of a disputed boundary, no working shall be made within a distance of 7.5 meters of the boundary claimed
by the owner of an adjacent mine until such time a binding agreement has been reached as to the correct
boundary or the question has been finally determined by a court of law:
Provided that, where the workings of any mine, for any reason, are extended or get extended within
any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in writing,
require the owner to construct such protective works within such time as he may specify in the order.
(3) Notwithstanding anything contained in sub-regulation (2), the Chief Inspector may, by an order in
writing and subject to such conditions as he may specify therein, permit or require to extend or restrict the
working of any mine or part thereof in variance with the provisions of this regulation.
123. Strata Control and Monitoring Plan.– (1) (a) The owner, agent and manager of every mine shall
prepare, formulate and implement a Strata Control and Monitoring Plan (SCAMP) based on scientific study
considering the geotechnical data, information and the method of development and extraction of coal or the
excavation required therefrom, which also includes a support plan to secure the roof and sides of
belowground workplaces, and shall be subject to revision with change in condition, for all workings
belowground.
(b) The owner, agent and manager shall submit a copy of the Strata Control and Monitoring Plan
(SCAMP) to the Regional Inspector who may, at any time by an order in writing, require such modification
as he may specify therein.
(2) The owner, agent and manager of every mine having workings below ground shall, before
commencing any operation, frame, in consonance with the Strata Control and Monitoring Plan framed
under sub-regulation (1) and with due regard to the engineering classification of strata, local geological
conditions, system of work, mechanisation, and past experience, and enforce the support plan specifying in
relation to each working place the type and specifications of supports and their intervals:
Provided that in respect of a mine where development operations are already in progress, the
support plan shall be framed and enforced within thirty days of the date of coming into force of these
regulations.
(3) The manager shall, at least thirty days before the commencement of any operation, submit a copy
of the support plan framed under sub-regulation (2) to the Regional Inspector who may at any time, by an
order in writing, require such modification in the plan as he may specify therein.
(4) The Manager shall hand over copies of the support plan framed under sub-regulation (1) and (2), in
English as well as in a local language understood by majority of the persons employed in the mine, together
with illustrative sketches, to all supervisory officials concerned including the assistant manager and shall
also post such copies at all conspicuous places in the mine.
(5) The manager and such supervising officials shall be responsible for securing effective compliance
with the provisions of the support plan framed under sub-regulation (1) and (2), and no mine or part of a
mine shall be worked in contravention thereof.
(6) The support plan shall include inter alia, system of, monitoring of the support performance,
measurement of strata behaviour, re-setting of supports, provision of temporary support, replacement of old
supports, withdrawal of supports and clearing of falls of ground.
(7) The support plan shall also include the implementation strategy of the plan, training and inspection
and supervision policies.
(8) The owner, agent or manager shall formulate and implement a code of standing orders specifying –
(a) the system and the organisation for procurement and supply of supports of suitable material, of
adequate strength and in sufficient quantity where these are required to be readily available for use;
(b) the method of handling including dismantling and assembling where necessary and transportation
of the supports from the surface to the face and from the face line to their new site;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-284-320.jpg)
![226 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(17) Where roof bolts are used for support, the bolts shall be securely fixed in place.
(18) Powered supports, hydraulic chocks or link-bars shall be advanced as soon as practicable after a web
of coal has been taken off the face so as to ensure that the area of unsupported newly exposed roof is kept
to a minimum.
(19) Powered supports, hydraulic chocks, props and friction props shall be set securely and checked from
time to time.
(20) When any defect is detected in any powered support or hydraulic chock, the same shall be attended to
as soon as possible and any defective hydraulic or friction prop shall be replaced immediately.
(21) Where, by reason of any irregularity in the roof, floor or sides or due to any other reasons, any
powered support or hydraulic chock becomes ineffective, conventional supports in sufficient number shall
be used.
125. Withdrawal of supports.- (1) Whenever supports are to be withdrawn, the withdrawal shall be done
in such manner as the manager may by orders specify.
(2) The orders referred to in sub-regulation (1) shall cover -
(a) the supply and use of appropriate tools and safety contrivances;
(b) the setting of extra supports to control the collapse of roof from which supports are being
withdrawn;
(c) the sequence of withdrawal of supports; withdrawal of a cog to precede withdrawal of its corner
props;
(d) safe positioning of the persons engaged in the operation and all other persons present nearby;
(e) training of competent persons who are entrusted with the operations; and
(f) supervision during withdrawal of supports.
(3) In every mine where powered supports are used, it shall be the duty of the owner, agent and
manager to prepare a plan for the installation of powered supports and a plan for their withdrawal and
transport.
(4) The plan referred under sub-regulation (3), shall be reviewed and approved, with or without any
necessary amendment by the Regional Inspector before implementation.
126. Provision of roof canopies or cabs.– (1) Electrical, battery, or diesel-powered, self-propelled
machinery including side discharge loaders, load haul dumpers, coal haulers and shuttle cars used
belowground in coal mines shall be provided with substantially constructed roof canopies or cabs which
shall give adequate protection against falling of ground from the roof or sides.
(2) The cabin or seat of the operator provided in such machine shall be ergonomically designed and
shall be such that the operator has clear line of sight in front as well as at rear of the machine without
involving any constraint or strain.
127. Steep working.– (1) In the workings having an inclination of 30 degrees or more from the
horizontal, adequate precaution shall be taken to prevent danger to persons from falling or rolling of timber,
tools or other appliances or material.
(2) No person shall work or be permitted to work at any place having an inclination of 45 degrees or
more from the horizontal, where he is likely to slip or overbalance, unless he is secured by a safety belt or
life line or is otherwise safeguarded.
128. Fencings and gates.– (1) The top of every opencast working shall be kept securely fenced.
(2) Where an excavation which has been formed as a result of any mining operation, extends within a
distance of 15 meters from a public road or any building, substantial fencing shall be erected and
maintained around the excavation.
(3) Where as a result of mining operations, a subsidence of the surface has taken place or is likely to
take place and persons are likely to be endangered thereby, the owner, agent or manager shall keep the
entire surface area securely and effectively fenced.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-286-320.jpg)
![228 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(8) The sirdar or other competent person shall, at the completion of his shift, record without delay the
result of his inspections in a bound paged book in the format specified for the purpose and every such
report shall be an accurate report of the inspections and shall include the following, namely :-
(a) the details referred to in sub-regulation (5) and (7);
(b) the number of persons working under his charge;
(c) such instructions for the purposes of securing the safety of the persons as he may have given
during his shift; and
(d) the date and time of the inspections, the signature of the sirdar or other competent person, and
the date and time when the report was written.
(9) In the case of a shaft in the course of being sunk, the competent person shall –
(a) have entire charge of the shaft bottom and shall, in his shift, remain in the shaft while persons
are at work at the bottom of the shaft;
(b) be the last person to ascend the shaft at the end of the shift and if his shift is succeeded
immediately by another shift, he shall not leave the bottom of the shaft until after the descent
of his reliever of the succeeding shift; and
(c) after each round of shots, and at the beginning of every shift, and after every cessation of work
in the shaft for a period exceeding two hours, shall examine the sides of the shaft and remove
all loose pieces before persons are allowed to descend.
130. Avoidance of dangers.– (1) If at any time it is found by a competent person in charge of a mine or
district, that by reason of any cause whatsoever, the mine or district is dangerous, he shall immediately
withdraw all persons from the mine or district; and the mine or district shall be fenced off so as to prevent
persons inadvertently entering therein.
(2) The competent person shall also immediately inform the manager or assistant manager about the
danger, and shall record the fact in the bound paged book kept for the purpose.
(3) The manager shall make, or cause to be made by a competent person, a careful examination of the
mine or district; and no person shall, except in so far as is necessary for enquiring into the cause of the
danger or for the removal thereof or for exploration, be re-admitted into the mine or district until the mine
or district is reported to be safe.
(4) A report of every such examination under sub-regulation (3) shall be recorded without delay in a
bound paged book kept for the purpose and shall be signed and dated by the person who made the
examination.
(5) If the work of removing the danger is suspended before the danger is removed, the mine or district
shall be securely fenced off effectively to prevent persons entering therein during the period of suspension.
(6) Notwithstanding anything contained in these regulations –
(a) where the danger arises from the presence of inflammable or noxious gas, the provisions of
regulation 166 shall apply; and
(b) where in any part of a mine the appearance of smoke or other sign indicates that a fire or
spontaneous heating has or may have broken out, the provisions of regulation 138 shall apply.
131. Working at height.- (1) No person shall work or travel on any ledge or footpath less than 1.5 meters
wide, from where he is likely to fall more than 1.8 meters, unless he is protected by guard rails, fence or
safety belt or rope suitably fixed and sufficiently strong to prevent him from falling.
(2) When a plant, machinery, workshop or any other shed or structure is under construction, repair or
renovation, and persons are allowed to work at heights, proper walkway, stairs or ladderway with hand
rails, guards or stages and platforms with fencing shall be provided to avoid danger or risk of persons
falling from height.
(3) Every person permitted to work at height shall be provided with safety belt, of the type and
standard suitable for the nature of work to be performed by him and approved by the Chief Inspector.
(4) Where it is required to work at heights involving danger or risk of falling, proper stage or working
platform of adequate and suitable design and strength shall be provided.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-288-320.jpg)
![230 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
CHAPTER XI
PRECAUTIONS AGAINST DANGERS FROM FIRE, DUST, GAS AND WATER
133. Classification of coal seams according to their degree of gassiness.– (1) All the coal seams shall be
classified into different degrees of gassiness by the Chief Inspector or an Inspector assisted by such
assistants and after such investigation as he may consider necessary.
(2) If in a gassy seam the percentage of inflammable gas in the general body of air or the rate of
emission of such gas increases so as to bring that seam into a higher degree of gassiness, the owner, agent
or manager shall within twenty-four hours from his knowledge of such increase, inform the Regional
Inspector and also observe all the precautions required to be taken under these regulations in respect of a
gassy seam of that degree, and the Regional Inspector shall, within thirty days of the receipt of such
information, verify and investigate the degree of gassiness and classify the seam into the appropriate degree
of gassiness:
Provided that if it is not practicable to observe all the precautions required to be taken under this
regulation within twenty-four hours as stipulated in this sub-regulation, the Regional Inspector, on a request
in writing by the owner, agent or manager, may defer the observance of the required precautions, subject to
such conditions as he may specify, for a period not exceeding sixty days.
(3) If in a gassy seam the percentage of inflammable gas in the general body of air or the rate of
emission of inflammable gas decreases so as to bring that seam to a lower degree of gassiness, the owner,
agent or manager may inform the Regional Inspector of the same.
(4) The Regional Inspector shall within thirty days from the receipt of the information referred to in sub-
regulation (3), verify and investigate the degree of gassiness and classify the same into appropriate degree
of gassiness, and till such time as the Regional Inspector so classifies all the precautions required to be
observed previously shall be observed.
(5) Notwithstanding anything contained in sub-regulations (2) to (4), the Regional Inspector may at
any time make investigations and reclassify a gassy seam into the appropriate degree of gassiness.
(6) The owner, agent or manager shall at least once in every thirty days examine the rate of emission of
inflammable gas in cubic meters per tonne of coal raised and the percentage of inflammable gas in the
general body of air as laid down in regulation 169 and the result of every such examination shall be
recorded in a bound paged book kept for the purpose.
(7) Every instrument, apparatus and the system used for detection and measuring of the inflammable
gas shall be of a type and standard approved in writing by the Chief Inspector.
(8) Every instrument, apparatus and the system used for detection and measuring of the inflammable
gas and analysis of gas samples, shall be calibrated at specified interval by an approved or accredited
agency or laboratory notified by the Chief Inspector by a special or general order in writing from time to
time.
134. General precautions against fire.– (1) No oil, grease, canvas or other inflammable material shall be
stored in any mine except in a fire-proof receptacle.
(2) Greasy or oily waste in workings belowground shall be regularly removed to the surface.
(3) In case of opencast workings or workshops, greasy and oily wastes shall be disposed off regularly
in a safe manner.
(4) No person shall place or throw, or cause or permit to be placed or thrown, any naked light or lamp
on or near any timber, wooden structure or other combustible material.
(5) Adequate and sufficient arrangements shall be made in every mine for early detection, control and
extinguishing any fire.
(6) The owner, agent and manager of every mine shall take measures and precautions appropriate to
the nature of a mine operation to prevent, detect and combat the start and spread of mine fires.
(7) The owner, agent and manager of every mine shall ensure that operations are stopped and workers
are evacuated to a safe location, when there is serious danger due to fire, threatening the safety and health
of workers.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-290-320.jpg)
![232 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(6) Provision shall be made to prevent an outbreak of fire belowground or the spread of fire from any
part of the mine or from any adjoining mine, and adequate steps shall be taken to control or isolate any such
fire or heating that may occur.
(7) All unused workings connected to the surface though a walkable entrance which is not permanently
closed, shall once at least in every thirty days be inspected by a competent person for signs of illicit
distillation of liquor and a report of every such inspection shall be recorded in a bound paged book kept for
the purpose, duly signed and dated by the person making the inspection.
137. Precaution against spontaneous heating.– The following precautions shall be taken against the
danger of spontaneous heating :-
(1) The seam or section shall be worked in panels having independent ventilation in such a manner that it
is possible to isolate one from another easily when necessary.
(2) Where the seam or section has already been developed without complying with the provisions of sub-
regulation (1), artificial panels shall be created by construction of stoppings.
(3) In determining the size of the panel under sub-regulations (1) and (2), due consideration shall be
given to enable complete extraction of the pillars therein, within the incubation period of the coal seam.
(4) No coal, shale or other carbonaceous material shall be left or stacked belowground.
(5) Where removal of fallen coal out of the mine is not practicable, the area shall be effectively sealed
off.
(6) Except where otherwise permitted by the Chief Inspector by an order in writing and subject to such
conditions as he may specify therein, no extraction of pillars in any seam or section shall be commenced
until fire dams or stoppings have been provided in all entrance to the panel.
(7) In the fire dams or stoppings built in entrances which are to be kept open for ventilation or haulage,
suitable doors or openings may be left and bricks and other suitable materials shall be kept readily available
in the vicinity.
(8) Shale or other carbonaceous material shall not be used in the construction of fire dams or
stoppings.
(9) A panel shall be isolated by adequate stoppings as soon as it has been goaved out.
(10) All the isolation stoppings erected to seal off the goaves or to isolate old, abandoned or disused
workings or to isolate area affected by fire or spontaneous heating shall be plastered with cement and white
washed.
(11) Sufficient material for dealing with fire shall be kept ready at suitable places belowground for
transport and use, and a sufficient number of persons shall be trained in the use of such material.
(12) In order to detect spontaneous heating in early stages, the air in the return airway of every depillaring
district and, of every goaf which has not been isolated, shall be -
(a) tested for percentage of carbon monoxide once at least in every seven days with an automatic
detector of a type approved by the Chief Inspector; and
(b) completely analysed once at least in every thirty days with a view to determining the ratio CO-
formed/O2- absorbed:
Provided that if successive tests show any steady increase in the CO-formed/O2 absorbed ratio,
suitable measures shall be taken to determine the site of the heating and to deal with it.
(13) The result of every test referred to in sub-regulation (12) shall be recorded in a bound paged book
kept for the purpose and shall be signed and dated by the person carrying out the test.
(14) Every depillaring district shall be inspected on every idle day and a report of every such inspection
shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person
making the inspection.
(15) All unused workings including unused workings which have not been sealed off, and isolation
stoppings built around goaved out areas shall be inspected once at least in every seven days, by a competent](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-292-320.jpg)
![234 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
139. Equipment for fire-fighting.- (1) In every mine,-
(a) unless expressly exempted in writing by the Regional Inspector, adequate quantity of water at
sufficient pressure shall be provided to all working places belowground and all other places of fire
risk such as coal stocks, spoil heaps containing carbonaceous material and exposed coal surfaces
liable to heating, for the purpose of efficient fire fighting;
(b) fire stations with suitable supply of fire-fighting equipment shall be established and kept
maintained at convenient points, both on surface and belowground;
(c) sufficient supply of sand or incombustible material and suitable portable fire extinguishers in
sufficient quantity or automatically operated fire suppression devices shall be provided at-
(i) every entrance to a mine or district and at every landing and shaft bottom in use;
(ii) every place where timber, grease, oil or other inflammable material is stored;
(iii) every engine room, diesel engine maintenance workshop, filling station and storage battery
charging station;
(iv) on every track-mounted and trackless locomotive, self propelled manriding car and
personnel carrier;
(v) each permanent and temporary electrical installation;
(vi) at locations where welding, cutting or soldering with arc or flame is being done;
(vii) every machinery, plant and installations; and
(viii) such other special places of fire risk as may be specified by the manager;
(d) every heavy earth moving machinery used in opencast workings shall be provided with
automatically operated fire detection and suppression device or system:
Provided that in case of trucks and dumpers of less than 35 tonne capacity used in opencast mines,
it may be sufficient if semi-automatic type fire suppression system has been provided;
(e) specially designed water foam spray, deluge systems or dry chemicals shall be installed above each
belt drive, belt take up, electrical control, gear reducing unit and other strategic locations on the
conveyor belt system;
(f) adequate number of suitable fire extinguishers or automatically operated fire suppression devices
shall be provided on continuous mining machines, other face cutting machines, loading machines,
roof bolting machines and other hauling machines.
(2) Soda-acid type extinguishers or water shall not be used for fighting oil or electrical fires.
(3) Foam type extinguishers shall not be used for fighting electrical fires.
(4) Fire-extinguishers containing chemicals which are liable when operated, to give off poisonous or
noxious gases shall not be provided or used belowground:
Provided that nothing in sub-regulations (2), (3) or (4) shall prohibit the use belowground of fire-
extinguishers giving off carbon dioxide when operated.
(5) All types of fire fighting and fire suppression systems including automatic fire detection and
suppression systems to be used in machinery and plant including heavy earth moving machineries,
materials and chemicals to be used in fire sealing, fighting or suppression systems in mines both on surface
as well as belowground shall be of such type, standard and make, as approved by the Chief Inspector by a
general or special order.
(6) A competent person shall, once at least in every month, examine all the equipment, material and
arrangements provided for fire-fighting and shall discharge and re-fill the fire-extinguishers as often as may
be necessary to ensure that these are in proper working order and any deficiency found during any such
examination or otherwise shall be immediately remedied.
(7) A report of every examination made under sub-regulaion (6) shall be made in a bound-paged book kept
for the purpose, duly signed and dated by the person making the examination.
140. Organisation for fire fighting.– (1) The owner, agent and manager of every mine shall establish a
proper organisation for fire fighting in the mine by installing fire stations at surface and also on every main](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-294-320.jpg)
![236 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(6) Where in any mine or part thereof the provisions of sub-regulations (4) or (5) have not been
complied with or where in the opinion of the Regional Inspector the steps so taken are inadequate, he may
give notice in writing to the owner, agent or manager requiring him to take such protective measures,
within such time, as he may specify therein:
Provided that in case of non-compliance with the requirements of the notice under this sub-
regulation, the Regional Inspector may, by an order in writing, prohibit until the requirements of the notice
have been complied with to his satisfaction, the employment in the mine or part, of any person whose
employment is not, in his opinion, necessary for the purpose of complying with the requirements aforesaid.
(7) A competent person shall, once at least in every seven days, inspect all stoppings erected for isolation
or control of fire or spontaneous heating belowground to ascertain the general condition of every stopping
by checking it for leakage and presence of gas, and the temperature and humidity of the atmosphere outside
the stopping.
(8) The competent person shall after carrying out the inspection under sub-regulation (7), place his
signature, with date, on a check-board provided for the purpose at a suitable position on the stopping,
which shall be maintained for a period of not less than three months, and a report of every such inspection
shall also be recorded in a bound paged book kept for the purpose duly signed and dated by the person
making the inspection:
Provided that any serious defect revealed by such examination shall without delay be brought to the
notice of the manager:
Provided further that the Regional Inspector may, by an order in writing, require the inspection of
stoppings to be made at such shorter intervals as he may specify therein.
143. Precaution against dust.– (1) The owner, agent or manager of every mine shall take such steps as
may be necessary for minimising of emissions of dust and for the suppression of dust which enters the air at
any workplace belowground or on surface and for ensuring that the exposure of workers to respirable dust
is limited to an extent that is reasonably practicable but in any case not exceeding the limits that are
harmful to the health of persons.
(2) For the purposes of this regulation, a place shall not be deemed to be in a harmless state for person to
work or pass or remain therein if the eight hours time-weighted average concentration of airborne
respirable dust in milligrams per cubic meter of air sampled by dust sampler of a type approved by and
determined in accordance with the procedure as specified by the Chief Inspector by a general or special
order, exceeds two, where working is being made wholly in a coal seam or where free respirable silica
present is less than five per cent. and the value arrived at by dividing the figures of ten with the percentage
of free respirable silica present in other cases.
(3) The owner, agent or manger of every mine shall, within three months of the coming into force of these
regulations and once at least in every month thereafter or whenever the Regional Inspector so requires by
an order in writing, cause the air at every work place where airborne dust is generated, to be sampled and
the concentration of respirable dust therein determined:
Provided that, such measurements shall also be made immediately upon the commissioning of any
plant, equipment or machinery or upon the introduction of any new work practice or upon any alteration
therein that is likely to bring about any substantial change in the level of airborne respirable dust.
(4) The samples drawn under sub-regulation (3) shall as far as practicable, be representative of the levels
of dust exposure of work-persons and for this purpose, the sampler shall be positioned on the return side of
the point of dust generation and within one meter of the normal working position of but not behind the
operator or other worker whose exposure is deemed to be maximum in his working group.
(5) Based on the results of static or personal sampling, the representative dust exposure profiles for
different categories of workers shall be estimated by portal to portal monitoring of selected workers whose
exposure is deemed to be representative of their working groups.
(6) Samples shall be taken by a person who has been specially trained for the purpose in the sampling
equipment and accessories that have been checked to ensure correct maintenance and efficient operation
thereof and examined, treated and calibrated on a date which is not earlier than one year.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-296-320.jpg)
![238 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(e) in every working belowground, –
(i) no machinery or equipment which is likely to emit dust in excess of permissible limit shall
be operated unless it is equipped with a suitable dust-prevention and suppression device,
which shall be properly interlocked with the operating lever or switch, and unless such
device is operating efficiently ;
(ii) the design, arrangement, materials and condition of picks on every mechanical coal cutter
shall be such as to reduce the formation of dust to minimum and no mechanical coal cutter
shall be operated unless suitable water sprays or jets of water are directed on the cutting
edges thereof so as to damp the cuttings as they are formed;
(iii) every working face and the floor, roof and sides of every roadway or airway within 60
meters thereof shall be, unless naturally wet throughout, regularly washed down to prevent
accumulation of dust and shall be kept thoroughly wet during the work shifts;
(iv) a current of air sufficient to clear away the dust emitted by any machinery or operation and to
dilute the dust concentration below the “permissible limit”, shall be maintained by means of
general ventilation and if necessary, by local ventilation, so however that, as far as
practicable, the velocity of air in any roadway or workplace shall not be such as to raise dust
in the atmosphere;
(v) after blasting, no person shall enter working places unless sufficient time has elapsed for
dust, smoke and fumes to be cleared by a current of air and the broken material shall not be
moved unless it has been thoroughly made wet with water;
(vi) vehicles, tubs and conveyors used for transport of coal shall be maintained in good condition
so as to minimise spillage or leakage and chutes, spiral conveyors, bins, tipplers, conveyor
discharge points and skip loading and unloading installations shall be so controlled as to
reduce the formation of dust to the minimum; and such material shall also be kept thoroughly
wet with water unless it is already wet or other effective means of dust suppression are used;
and
(vii) unless, owing to special difficulties, exempted in writing by Regional Inspector in that behalf
and subject to such conditions as he might specify therein, water in pipes in sufficient
quantity and under adequate pressure and independent of any pumping system, shall be
provided and maintained so as to get maximum efficiency in allaying of dust;
(f) no process of crushing, breaking, disintegrating, dressing, sorting, grinding, screening or sieving of
coal or any operation incidental thereto, shall be carried out at any mine unless sufficient watering
or other appropriate and effective dust control measures, such as, but not limited to isolation,
enclosure, exhaust ventilation and dust collection are designed, provided, maintained and used;
(g) the exhausted air, belowground, which contains dust in excess of the permissible limit shall be
efficiently diluted and if necessary filtered so as to reduce the concentration of respirable dust
therein below ten per cent. of the permissible limit before being re-circulated into working places;
(h) every device used for the prevention and suppression of dust produced by any machinery,
equipment or process as also for the filtering of the exhausted air and every dust respirator shall be
inspected once at least in every seven days and shall be thoroughly examined and tested at least
once in every month and the results of every such inspection, examination and test shall be
recorded in the register maintained under sub-regulation (8).
(14) The manager of every mine where airborne dust is generated shall formulate and implement a
scheme specifying –
(a) the location, frequency, timing, duration and pattern of sampling;
(b) the instruments and accessories to be used for sampling;
(c) the laboratory at which respirable dust content of samples and quartz content shall be determined;
(d) the format in which the results of measurements of dust concentration and other particulars are to
be recorded;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-298-320.jpg)
![240 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(b) incombustible dust shall be spread on the objects, structure and places aforesaid in adequate
quantity and at such intervals as may be necessary to ensure compliance with the provisions of
this sub-regulation;
(c) the cleaning of coal dust and spreading of incombustible dust shall be carried out in the
direction of the flow of the air;
(d) a sufficient supply of incombustible dust shall be kept readily available at suitable places in
the mine, and any deficiency in the supply of dust underground shall immediately be brought
to the notice of the manager; and
(e) incombustible dust stocked at different places and kept on pans or on dust barriers in the mine
shall be changed whenever it is no longer readily dispersible or whenever it becomes coated
with coal dust, such dust shall be removed.
(7) A daily record of the areas cleaned of coal dust and of the areas treated with incombustible dust or with
water and the amount of incombustible dust used shall be maintained in a bound paged book kept of the
purpose and every entry in such book shall be signed and dated by the dust in-charge, and countersigned
and dated by the manager or the ventilation officer.
(8) The dust control measures shall be carried out under the supervision of a competent person holding a
manager’s or overman’s certificate or a degree or diploma in mining or mining engineering from a
university or institution approved by the Central Government, who may be designated as the “Dust In-
charge”.
(9) No duties with respect to sampling of dust under regulation 145 shall be entrusted to the Dust In-charge,
nor any other duties shall be entrusted to such person except with the previous permission in writing of the
Regional Inspector:
Provided that in the case of a mine having an average monthly output of less than 5000 tonnes, the
Dust In-charge referred to in this regulation can act as the Sampling In-charge referred to in regulation 145.
(10) The Dust In-charge shall also ensure that-
(a) every part of the mine which, under these regulations, requires treatment with water, is
thoroughly drenched or sprayed with water immediately before firing shots and also at
intervals during the working hours so as to strictly comply with the provisions of clause (b) of
sub-regulation (3);
(b) every part of the mine which, under these regulations can be treated with incombustible dust,
is so treated as to strictly comply with the provisions of clause (a) of sub-regulation (3);
(c) the arrangements for treating with water or incombustible dust as aforesaid are maintained in
good order.
145. Check on measures for dust control.– (1) For the purposes of ensuring adequate treatment of coal
dust as required under regulations 143 and 144, systematic samples of mine dust shall be collected, tested
and analysed at intervals and in the manner specified in this regulation.
(2) Every return airway as lies within two hundred meters of the last working face and every haulage,
tramming or conveyor roadway which is not naturally wet throughout, shall be divided into zones not
longer than one hundred and fifty meters each:
Provided that where in a mine some parts are being treated with water and others with incombustible
dust, the zones shall be so formed that in each zone only one system of treating coal dust is being followed.
(3) Every zone formed under sub-regulation (2) shall be divided into three equal sections, each not
exceeding 50 meters in length.
(4) Every zone formed under sub-regulation (2) shall be given a distinct number and every section formed
under sub-regulation (3), the code letters a, b or c in a systematic manner.
(5) The zones and sections, with their numbers and code-letters, shall be clearly marked on a plan prepared
on a scale having a representative factor of not less than 2000:1 hereinafter called the “sampling plan”,
clearly showing the areas of the mine that are naturally wet throughout.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-300-320.jpg)
![242 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(3) If any dispute arises as to whether stone dust barriers or other alternative precautionary measures
are required to be provided in any part of a gassy seam of the first degree, under sub-regulation (1), the
question shall be referred to the Chief Inspector who shall decide the same.
147. Precautions against eruption of gas.– Where any working is extended to within 30 meters of any
goaf or disused workings containing or likely to contain an accumulation of inflammable or noxious gases,
there shall be maintained at least one bore-hole not less than 1.5 meters deep in advance of the working and
the operation of drilling the bore hole shall be carried out under the supervision of a competent person, and
no lamp or light other than an approved safety lamp or torch shall be used in any such working.
148. Recovery and exploratory work.– (1) After an explosion of inflammable gas or coal dust has
occurred in a mine, only such persons as are authorised by the manager or by the principal official present
at the surface, shall be allowed to enter the mine.
(2) Where it is intended or proposed to reopen a mine or part thereof, which has been isolated, sealed off or
flooded with water to deal with a fire or spontaneous heating, the owner, agent or manager shall not less
than thirty days before the commencement of such work, give notice in writing of such intention or
proposal to the Regional Inspector and the Chief Inspector.
(3) Where it is intended to carry out any exploratory work in a mine or part belowground likely to contain
irrespirable atmosphere,-
(a) all work shall be done under rescue cover only;
(b) no party of less than three persons shall be allowed to proceed to carry out such work; and
(c) every such party shall carry a suitable apparatus approved by the Chief Inspector for detecting
carbon monoxide gas and also an approved flame safety lamp.
149. Danger from surface water.– (1) Where any mine or part thereof is so situated that there is any
danger of inrush of surface water into the mine or part, adequate protection against such inrush shall be
provided and maintained, and whether such protection is adequate or not may be determined by the Chief
Inspector, whose decision shall be final.
(2) Except with the previous permission of the Chief Inspector in writing and subject to such
conditions as he may specify therein and subject to the provisions of sub-regulation (1), every entrance into
a mine shall be so designed, constructed and maintained that its lowest point (which means the point at
which a body of rising water on surface can enter the mine) shall be not less than 1.5 meters above the
highest flood level at that point.
(3) Every year, during the rains constant watch shall be kept on the flood levels on the surface of the
mine and if at any time the levels cross the highest levels earlier recorded, such levels shall be marked by
permanent posts along the edges of water and the new highest levels thus observed shall be recorded with
the date as the highest flood level on the plans by an actual survey:
Provided that the highest flood level shall not be plotted on plans by interpolations.
(4) If there are water dams or reservoirs built across rivers and water courses on the upstream side of
the mine, arrangements shall be made for communication between appropriate authorities for the purpose
of ascertaining the quantity and timing of water released from the dams which is likely to endanger safety
of the mine and arrangement for similar communication shall be made when water level rises on the
upstream side which is likely to endanger any mine.
(5) In every mine which is likely to be endangered by surface water, the highest flood levels and danger
levels at least 1.2 meters or as required by the Regional Inspector, below the highest flood level, shall be
permanently marked at appropriate places on the surface and whenever water rises towards the danger level
at any place, all persons shall be withdrawn from the mine sufficiently in advance and for this purpose
adequate arrangements of quick communication to all parts of the mine by effective systems shall be
provided and maintained.
(6) No working shall be made in any mine vertically below-
(a) any part of any river, canal, lake, tank or other surface reservoir; or
(b) any spot lying within a horizontal distance of 15 meters from either bank of a river or canal or
from the boundary of a lake, tank or other surface reservoir,](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-302-320.jpg)
![244 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(d) any other information that is available with the management and other particulars or information
that may be required by the Chief Inspector.
(5) When permission is granted to extend any working referred to in sub-regulation (3) or sub-regulation
(6), it shall be extended strictly in accordance with the plan and the method approved under, and the
conditions specified in such permission; and there shall be no variation therefrom unless such variation is
again approved by the Chief Inspector.
(6) Whenever seepage of water which is not normal to the seam is noticed at any place in any working
or if there be any such suspicion or doubt, such working shall immediately be stopped and the Chief
Inspector and the Regional Inspector shall forthwith be informed of such seepage and such working shall
not be extended further except with the prior permission in writing of the Chief Inspector and subject to
such conditions as he may specify therein.
(7) The height and width of any working referred to in sub-regulation (3) or sub-regulation (6) shall not
exceed 2.4 meters and there shall be maintained at least one bore-hole near the centre of the working face,
and sufficient flank bore-holes on each side and where necessary, bore-holes above and below the working
at intervals of not more than five meters.
(8) All such bore-holes referred under sub-regulation (7) shall be drilled sufficiently close to each other to
ensure that the advancing face will not accidentally hole through into a working containing water or liquid
matter or any material that is likely to flow when wet and shall be constantly maintained at sufficient
distance in advance of the working and such distance shall in no case be less than three meters.
(9) The precautions under this regulation shall be carried out under the direct supervision of an official,
having Manager’s Certificate or Overman’s Certificate specially authorised for the purpose.
(10) A record showing the exact height and width of such workings, the number of bore-holes driven, the
length of each bore-hole, the places at which and the direction in which each bore-hole was driven, shall be
maintained by the official referred to in sub-regulation (9) in a bound paged book kept for the purpose and
the entries made therein shall be signed and dated by such competent person and shall be countersigned and
dated by the manager every day.
(11) A plan and section of the working referred to in sub-regulation (10), showing the particulars
referred therein shall be prepared and maintained and they shall be brought up to date at least once in every
fifteen days.
(12) Unless specific relaxation is granted by the Chief Inspector in writing, the provisions of sub-
regulations (7), (8) and (9), shall be strictly complied with while extending any working referred to in sub-
regulation (3) or sub-regulation (6), whether or not the permission granted to extend such workings requires
compliance with all or any of the provisions of sub-regulations (7), (8) or sub-regulation (9).
(13) If the Chief Inspector is satisfied that the conditions in any mine or part thereof are such as to
render compliance with all or any of the provisions specified in sub-regulations (7), (8) or sub-regulation
(9), unnecessary or impracticable, he may, by an order in writing and subject to such conditions as may be
specified therein, relax, vary or dispense with all or any of the conditions and requirements contained in
those sub-regulations, and, if he is of the opinion that the conditions at any mine or part thereof are such as
to require additional precautions to be taken, he may by an order in writing require that such additional
precautions besides those specified in those sub-regulations shall be taken.
151. Intentional flooding.– (1) When the owner, agent or manager intends or proposes, by introducing
water from the surface or from any other part of the mine or from an adjacent mine, to flood any part of the
workings of his mine, he shall give, in writing, not less than fourteen days notice of such intention or
proposal to the Chief Inspector and the Regional Inspector and to the management of all adjoining mines
and of such other mines as might be affected by such flooding:
Provided that the Regional Inspector may, by an order in writing and subject to such conditions as
he may specify therein, permit such operations to be commenced on any day prior to the expiry of the said
notice period of fourteen days:
Provided further that the Regional Inspector may, by an order in writing, either prohibit any such
operation or require that such operation shall not be commenced until such precautions as he may specify
therein, have been taken to his satisfaction.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-304-320.jpg)
![246 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that the provisions of this sub-regulation in so far as they require the installation of the
main mechanical ventilator at a distance of not less than ten metres from the opening of the shaft or incline,
shall not apply to a mechanical ventilator installed on the surface before the 24th
day of October, 1957.
(2) If electricity is used for driving the mechanical ventilator, electrical energy shall be supplied to the
drive motor of the ventilator through a separate circuit from the main distribution point of the mine.
(3) In every belowground working, two different sources of power to the mechanical ventilator shall be
provided.
(4) There shall be provided and maintained at every main mechanical ventilator, a recording
instrument to continuously register the pressure developed.
(5) Every main mechanical ventilator shall be so designed, installed and maintained that the current of
air can be reversed when necessary.
(6) At every shaft or incline ordinarily used for lowering or raising of persons or materials where a
mechanical ventilator is installed, there shall be provided a properly constructed air lock.
155. Restriction on installation of mechanical ventilator belowground.– (1) In every fiery seam or
gassy seam of the second or third degree, the following provisions shall have effect in relation to the
installation belowground of booster fans, namely:-
(a) no booster fan shall be installed belowground in the mine unless the manager is satisfied, as a result of
a survey of the ventilation of every part of the mine liable to be affected, that such installation is
necessary or expedient for the proper ventilation of the mine and that it should be installed; and
(b) seven days’ prior notice of every such installation under clause (a), together with particulars of the
survey aforesaid, shall be sent to the Regional Inspector.
Explanation.– For the purposes of this regulation, it is clarified that the shifting of a booster fan from one
place to another shall be deemed to be an installation of a booster fan.
(2) The Regional Inspector may at any time, by an order in writing, require the use of any booster fan
installed belowground in the mine to be discontinued.
156. Installation and maintenance of mechanical ventilator.- (1) In every belowground coal mine
where a booster or auxiliary fan is electrically driven, the drive motor, unless it is so constructed, installed,
operated and maintained as to prevent the risk of open sparking, shall not be placed in a return airway.
(2) The installation and maintenance of every mechanical ventilator and booster fan shall be supervised
and controlled by a competent person appointed for the purpose.
(3) A competent person appointed for maintenance of mechanical ventilator and booster fan shall once at
least in every seven days, examine every mechanical ventilator and booster fan in use and shall record the
results of such examinationin a bound paged book kept for the purpose and any serious defect revealed by
such examination shall without delay be brought to the notice of the manager.
(4) Except in an emergency, no person shall start, stop, restart, remove or in any way alter, repair or
interfere with any ventilator or booster fan, except by or on the written authority of the manager or other
official authorised in writing in this behalf.
(5) The written authority referred to under sub-regulation (4) shall clearly specify the conditions under
which a ventilator or booster fan shall be started, stopped or restarted, the period for which it can be
stopped and the procedure for removal, repair, alterations or interference with such fans.
(6) Particulars of every alteration and every stoppage, including any stoppage beyond control, together
with the duration thereof shall be recorded by the competent person appointed under this regulation, in a
bound paged book kept for the purpose:
Provided that whenever a mechanical ventilator or a booster fan has been stopped for any reason
whatsoever, the competent person shall immediately record the time of stoppage in the aforesaid book and
send it to the manager or the person authorised in this behalf for his appraisal and the manager, or the
person authorised, as the case may be, shall sign the entry with date in the bound paged book in respect of
the stoppage.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-306-320.jpg)
![248 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(3) In every ventilating district there shall be provided two independent intake airways one of which
shall be used as a travelling roadway:
Provided that if the Regional Inspector is satisfied that compliance with this regulation is not
reasonably practicable, he may, by an order in writing and subject to such conditions as he may specify
therein, grant exemption from the provisions thereof.
(4) Every connection between a main intake airway and a main return airway shall, until it is no more
required and has been sealed off, be provided with at least two doors so spaced that whenever one door is
opened, the other door can be kept closed and steps shall be taken to ensure that at least one of the doors is
always closed.
Provided that any such connection which is no more required shall be effectively sealed.
159. Brattices, doors, stoppings and air-crossings.– (1) There shall be provided and maintained in
every mine, such number of air-crossings, stoppings, doors, brattices and other devices as may be adequate
to ensure compliance with the provisions of regulation 153.
(2) In case of any doubt as to the adequacy of such ventilation devices, it shall be referred to the Chief
Inspector for decision.
(3) The space between the frame of every ventilation door and the roof and sides of the roadway shall be
built up with masonry or concrete, not less than 25 centimeters in thickness.
(4) Every ventilation door shall be self-closing and whenever opened, it shall be closed as soon as possible,
and shall not be propped or fixed so as to remain open.
(5) If the ventilation door is required to be frequently kept open for the passage of men or material, there
shall be throughout every working shift, a door attendant at the door.
(6) If a door is not in use, it shall be taken off its hinges and placed in such position that it shall not cause
any obstruction to the air current.
(7) Every stopping between the main intake and main return airways shall be constructed of masonry or
brickwork or of concrete without reinforcement, not less than 25 centimeters in thickness, and if
constructed of properly reinforced concrete, not less than 15 centimeter thickness or such greater thickness
as may be required by the Regional Inspector, and shall be faced with a sufficient thickness of lime or
cement plaster to prevent leakage of air.
(8) In case of a mine having problems of fires or spontaneous heating along with the working of coal
seams of degree two or degree three gassiness, the Chief Inspector may by an order in writing and subject
to such conditions as he may specify therein, require construction of explosion proof ventilation stoppings
between the main intake and the main return airways and at such other places as may be specified by him.
(9) Every stopping in use shall be kept accessible for inspection.
(10) The partitions and walls of every air-crossing shall be not less than 25 centimeters in thickness if
constructed of masonry or of concrete not properly reinforced, and not less than 15 centimeters in thickness
if constructed of properly reinforced concrete.
(11) Every air-crossing, ventilation stopping, door or brattice shall be maintained in efficient working order
and good repair.
(12) A competent person shall, once at least in every fourteen days, examine every airway, air crossing,
ventilation stopping and door in use, and shall record the result thereof in a bound paged book kept for the
purpose, and shall sign the same and date his signature.
160. Velocity of air current.– The velocity of air current measured in meters per minute at the place
shown in column (2) shall be not less than that shown in column (3) for the different seams shown in
column (1) of the Table given below:-](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-308-320.jpg)
![250 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
resistant sealant as protection against fire, for a distance of not less than 5 meters in every direction from
the fan.
(3) The covering of every shaft sealed off or covered for ventilation purposes, every fan drift, duct or
casing and every part of a mechanical ventilator or fan within such drift, duct or casing, and every air-
crossing and ventilation door shall be constructed of fire-proof material:
Provided that this regulation shall not apply to the small lid of a shaft-covering operated by the
rope cappel.
163. Ventilation plans to be brought up-to-date.– The manager shall ensure that as soon as any
alteration is made in the ventilation of a mine involving the erection or removal of an air-crossing or
stopping or the alteration in the position or installation of a ventilator or fan belowground, the erection,
removal, alteration or installation, as the case may be, is notified to the surveyor who shall forthwith make
necessary alterations on the ventilation plan maintained under regulation 65.
164. Obstructions, interruptions and alterations.- (1) No material or debris shall be allowed to
accumulate in any level, drive, crosscut, roadway or any other part of the workings belowground so as to
impede the ventilation.
(2) Every roadway and working belowground which is not adequately ventilated shall be fenced or
barricaded so as to effectively prevent persons entering the same.
(3) If any person becomes aware of any obstruction in, or interference with or deficiency of ventilation
in any mine or part thereof, he shall,-
(a) if it falls within his power to remedy such obstruction, interference or deficiency, immediately
take steps to do so; or
(b) cease all work at that place, and shall forthwith inform his superior official of such obstruction,
interference or deficiency.
(4) Whenever there is any interruption of ventilation by the stoppage of any mechanical ventilator,
including an auxiliary fan installed belowground, the official in charge of the mine or part shall
immediately take precautionary measures including withdrawal of men, if necessary, against dangers that
may arise out of non-compliance with the provisions of regulation 153, to restore the ventilation in the
mine or part thereof.
(5) No person shall alter the general system of ventilation in any mine or part except with the written
authority of the manager:
Provided that in case of an emergency, an official of the mine may carry out such alteration as he may
deem necessary for the safety of persons, but he shall as soon as possible inform his superior official and
the manager about the same in writing.
165. Precautions against gas during de-watering and re-opening.- (1) No disused mine or shaft shall
be de-watered except under the constant supervision of a competent person and during such de-watering,
approved safety lamps or torches shall be exclusively used, and there shall also be kept burning at every
place where persons are at work, at least one approved flame safety lamp.
(2) The first inspection of a mine or part which is re-opened after discontinuance of mining operations
for a period exceeding seven days and of any part of a mine after being de-watered, shall be made by a
competent person with an approved flame safety lamp or other approved apparatus for determining
presence of inflammable or noxious gases and deficiency of oxygen and during such inspection, no
additional light or lamp other than an approved electric torch or lamp shall be used.
(3) The result of every such inspection shall be recorded in a bound paged book kept for the purpose,
and shall be signed and dated by the persons making the inspection, and countersigned and dated by the
manager.
166. Precautions against inflammable and noxious gases.– (1) For the purpose of this regulation,
inflammable gas shall be deemed to have been found or detected when it is indicated–
(i) by a methane detector to be 0.1 per cent. or more in case of mine having degree one gassy
seams;
(ii) by a methane detector to be 0.5 per cent. or more in case of mine having degree two seams;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-310-320.jpg)
![252 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided further that no apparatus as aforesaid shall be used unless it has been calibrated
by its manufacturer or other approved agency within such period of time as specified from time to
time by the Chief Inspector;
(b) the determination shall be made or samples of air taken at suitable point fixed by the manager, on
the intake side of the first working place and on the return side of the last working place in the
district:
Provided that where the Regional Inspector is of the opinion that the location of any such
point is unsuitable, he may, by an order in writing, require the manager to fix some other point or
points in substitution thereof;
(c) the determination shall be made or samples of air taken, as the case may be, once at least in every
seven days, so however that –
(i) if any determination shows the percentage of inflammable gas to exceed 0.8, determination
shall be made or samples of air taken at intervals not exceeding twenty-four hours for so long
as such content exceeds that percentage and for the seven next following days, unless the
Regional Inspector otherwise permits by an order in writing and subject to such conditions as
he may specify therein; and
(ii) if the determination made during the thirty days immediately preceding any day have shown
the percentage of inflammable gas to be below 0.6, it shall be sufficient to make such
determination or take such samples, once in every thirty days for so long as such content
does not exceed that percentage:
Provided that when any alteration is made in the system of ventilation so as to substantially
affect or likely to affect the ventilation of the mine, such determination shall be made within period
of twenty-four hours of such alteration;
(d) particulars of every such determination under this regulation shall be recorded in a bound paged
book kept for the purpose; and
(e) if any determination in any ventilating district shows the percentage of inflammable gas to exceed
one and a quarter, the supply of electric energy shall be cut off immediately from all cables and
apparatus in the district, and a written report thereof submitted to the Regional Inspector forthwith.
(2) If the Regional Inspector so requires by an order in writing in respect of any mine having workings
belowground, determination shall, once at least in every thirty days, be made of temperature, humidity and
such other environmental conditions at such points as the Regional Inspector may specify in the order.
170. Monitoring devices.- (1) The Chief Inspector may, if he considers necessary for the safety of
persons, require by an order in writing that in any mine or any class of mines belowground, approved
environmental monitoring devices to continuously record information regarding environmental conditions,
to be installed belowground within such time and subject to such conditions as he may specify therein.
(2) The Chief Inspector may, if he considers necessary for the safety of persons, require by a general or
special order in writing analysis of mine air samples by gas chromatography or other equivalent technique.
171. General precautions in gassy mines.– (1) In every gassy mine, the precautionary measures as
specified in sub-regulations (2) to (7) shall apply.
(2) No working or gallery shall be extended to a distance of more than 3 meters from the nearest ventilation
connection unless the current of air is coursed up to a point within 3 meters of the face by means of fire
resistant pipes, tubes, brattices or other material.
(3) No narrow main or advance gallery shall be driven more than three meters ahead of the widened
gallery.
(4) Every stopping between the main intake and the main return airway shall be substantially built and
every air-crossing shall be so constructed and maintained as to withstand the force of an explosion.
(5) The main air current shall be so split and coursed that an air current which ventilates a goaved out area,
whether packed or unpacked, or any disused workings shall not, except with the prior permission in writing
of the Regional Inspector and subject to such conditions as he may specify therein, ventilate any workings
where coal is being extracted.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-312-320.jpg)
![254 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(d) every room and place containing any engine, motor or other apparatus; and
(e) every first aid station belowground.
175. General lighting.– (1) Adequate general lighting arrangements shall be provided during working
hours-
(a) on the surface where the natural light is insufficient-
(i) in every engine house;
(ii) in the vicinity of every working shaft;
(iii) at every opencastworking;
(iv) at every shunting or marshalling yard;
(v) at every place where persons have to work; and
(b) belowground –
(i) at every shaft inset and shaft bottom or landing or siding which is in regular use;
(ii) in every travelling roadway normally used by fifty or more persons during any shift:
Provided that the provisions of this sub-clause shall be deemed to have been complied with where
electric lamps or lights are provided to every person at work;
(iii) at the top and bottom of every self-acting incline in regular use;
(iv) at every place on a haulage roadway, at which tubs are regularly coupled or uncoupled or
attached to or detached from a haulage rope;
(v) at every place at which tubs are regularly filled mechanically;
(vi) at every room and place containing any engine, motor or other apparatus;
(vii) at every place where any pillar is under extraction; and
(viii) at every first aid station belowground:
Provided that the lighting fixtures installed in a gassy seam of the second or third degree and in the
blind ends of a gassy seam of the first degree which are not ventilated by a mechanical ventilator shall
comply with the provisions of the Central Electricity Authority (Measures relating to Safety and Electric
Supply) Regulations, 2010.
(2) The lighting provided in a mine shall, as far as possible, be so arranged as to prevent glare or eye strain.
(3) Where electric energy is available at the mine, the lighting arrangement made under sub-regulation (1)
shall be by electrical means.
(4) Where electric lighting is used, an additional light or lamp having no connection with electric supply
shall be kept continuously burning –
(i) belowground, in every shaft inset and shaft bottom or landing in regular use and in every
engine room;
(ii) on the surface, after dark, at the top of every working shaft and in every engine room; and
(iii) in travelling roadways and escape routes.
(5) Every electrical lamp-fitting shall be so constructed as to protect it from accidental damage and
adequate precaution shall be taken to prevent lamps being damaged from shot-firing.
(6) Fluorescent or luminescent path finder or indicator shall be provided all along the travelling roadway
and in the escape route in the mine.
176. Electric lighting in gassy mines.– (1) Subject to the provisions of Central Electricity Authority
(Measures relating to Safety and Electric Supply) Regulations, 2010 relating to the use of electric energy in
parts of mines in which inflammable gas is likely to occur in quantity sufficient to be indicative of danger,
electric lighting from a source of supply external to the lighting unit may be used-
(a) on any roadway or place ventilated by intake air; and
(b) on any other roadway or place not within 270 meters of the nearest face.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-314-320.jpg)
![256 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(3) If any person returns to the lamp-room a lamp other than the one issued to him, he shall explain the
cause and circumstances of the change.
(4) No unauthorised person shall either himself take or give out any safety lamp from the lamp-room.
(5) Every person who receives a lamp shall satisfy himself that it is complete and in good order and
should he find any defect therein, he shall immediately return it to the lamp-room.
(6) No person shall willfully damage or improperly use, or unlock or open, or attempt to unlock or
open any safety lamp.
(7) Should any person find that the safety lamp in his possession has become defective, he shall at once
carefully extinguish the flame, if any, and report the fact to his superior official.
181. Maintenance and repairs of safety lamps.– (1) Every safety lamp shall be properly assembled and
maintained in good order and if any such lamp is found to be defective or damaged, it shall not be used or
issued for use until the defect or damage has been remedied.
(2) If the wires of any gauge of a flame safety lamp are broken or burnt away, the gauge shall not be
reconditioned for further use.
(3) Damaged and defective gauges, glasses or other parts of a safety lamp shall not be kept or stored in
the safety lamp-room.
(4) No glass of a safety lamp and no bulb of an electric safety lamp shall be replaced except by a glass
or bulb of such type as the Chief Inspector may, from time to time specify by a general or special order, and
no other part of a safety lamp, other than a wick or battery, as the case may be, shall be replaced except by
a part manufactured by the manufacturers of the lamp to approved specifications.
Provided that in the case of an imported safety lamp, a part manufactured indigenously may be
used if it is of such design and make as is approved by the Chief Inspector.
(5) No repaired part shall be used in a safety lamp:
(6) In every flame safety lamp kept for the purpose of inspection or of testing for or detecting the
presence of inflammable gas, no oil other than an oil of a type approved by the Chief Inspector shall be
used.
(7) No electric safety lamp shall be issued for use unless the covers of the battery and of the headpiece
are properly assembled, securely locked and sealed, and the battery is properly charged.
(8) No electric safety lamp shall be hung or held by the cable.
182. Precautions to be taken in safety lamp-rooms.– (1) No unauthorised person shall enter the safety
lamp room.
(2) No person shall smoke in the safety lamp-room.
(3) Where petrol, benzol or any other highly volatile spirit is used in safety lamps, the following
precautions shall be observed, namely:-
(a) lamps shall be cleaned, refitted and refilled in a separate room;
(b) only such quantity of volatile spirit as is required for one working day shall be kept in any
such room;
(c) internal relighters shall not be taken out of lamps and cleaned, repaired or refitted on the
same table wherelamps are cleaned, refitted or refilled;
(d) adequate number of suitable fire extinguishers shall be provided and kept ready for use in
every such room.
CHAPTER XIV
EXPLOSIVES AND SHOTFIRING
183. Type of explosives to be used in mines.– (1) No explosive shall be used in a mine except that
which is provided by the owner, agent or manager which shall be of good quality and in good condition.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-316-320.jpg)
![258 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(6) The key of every case or container shall be retained by the shot-firer in his own possession
throughout his shift.
187. Transport of explosives.– (1) While explosives are being carried on a ladder, every case or
container shall be securely fastened to the person carrying it.
(2) No person other than a shot-firer shall carry any priming cartridge into a shaft which is in the course of
being sunk and no such cartridge shall be so carried except in a thick felt bag or other container sufficient to
protect it from shock.
188. Transport of explosives in bulk.– The conditions and other details for transport of explosives in bulk
shall be specified by the Chief Inspector in a general order.
189. Reserve Station.– (1) No case or container containing explosives shall be left or kept in a mine
except in a place appointed by the manager for the purpose and legibly marked “RESERVE STATION”.
(2) The conditions for site selection and other details for establishing a reserve station in a mine shall be
specified by the Chief Inspector in a general order.
190. Shot-firers.– (1) The preparation of charges and the charging and stemming of holes shall be
carried out by or under the personal supervision of a competent person, in these regulations referred to as a
“shot-firer”, who shall fire the shots himself.
(2) No person shall be appointed to be a shot-firer unless he holds -
(a) a Manager’s Certificate or Overman’s Certificate or a Sirdar’s Certificate together with a
gas-testing certificate in case of belowground mines; and
(b) a Manager’s Certificate, Overman’s Certificate or a Sirdar’s Certificate in the case of open
cast working:
Provided that, after coming into force of these regulations, shot-firer holding a Shot-firer’s
Certificate granted under regulation 12 of the Coal Mines Regulations, 1957, shall also deemed to
be a shot-firer under this regulation.
(3) The competent person appointed as shot-firer shall not be given any other duty nor any one performing
any other duty shall be allowed to perform shot firng.
(4) No person whose wages depend on the amount of coal, rock or debris obtained by firing shots,
shall be appointed to perform the duties of a shot-firer.
(5) The manger shall fix, from time to time, the maximum number of shots that a shot-firer may fire in
any one shift and such number shall be based on:
(a) the time normally require to prepare and fire a shot in accordance with the provisions of these
regulations;
(b) the time required for that shot-firer to move between places where shots are fired;
(c) the assistance, if any, available to him in the performance of his said duties; and shall not in any
case exceed,-
(i) in the case of a gassy seam of second or third degree or a fiery seam, forty, if a single shot
exploder is used and eighty, if a multi-shot exploder is used;
(ii) in the case of other seams, fifty, if a single-shot exploder is used and hundred, if a multi-
shot exploder is used;
(iii) in the case of opencast mines, sixty, if a single shot exploder is used or if blasting is done
with ordinary detonators and one hundred and twenty, if a multi-shot exploder is used:
Provided that where special conditions exist, the Chief Inspector may by an order in writing and
subject to such conditions as he may specify therein, permit number of shots to be fixed in variance with
the aforesaid provisions.
(6) The number of detonators issued to, and in the possession of, a shot-firer during his shift shall not
exceed the maximum number of shots that he is permitted to fire under sub-regulation (5).
191. Shot-firing tools.– Every shot-firer on duty shall be provided with-
(a) a suitable shot-firing apparatus;](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-318-320.jpg)
![260 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(18) No person shall remove any stemming, or pull out any detonator lead, or remove any explosive
from a shot-hole either before firing or after a misfire, or bore out a hole that has once been charged, or
deepen or tamper with empty holes or sockets.
193. Use of ammonium nitrate fuel oil.– Conditions for use of ammonium nitrate fuel oil in a mine shall be
specified by the Chief Inspector in a general order.
194. Deep-hole blasting.– Conditions for conduct of deep hole blasting in a mine shall be specified by the
Chief Inspector in a general order.
195. Electric shot-firing.– (1) No shot shall be fired except by means of a suitable shot-firing apparatus
of a type approved by the Chief Inspector and the number of shots fired at any one time by the apparatus
shall not exceed the number for which it is designed.
(2) Every electrical shot-firing apparatus shall be so constructed and used that –
(a) it can only be operated by a removable handle or plug;
(b) the handle or plug shall not be placed in position until a shot is about to be fired and shall
be removed as soon as a shot has been fired;
(c) the firing circuit is made and broken either automatically or by means of a push-button
switch.
(3) No shot-firing apparatus shall be used which is defective and every apparatus shall once at least in
every three months, be tested by a competent person to ascertain whether it is in safe working order.
(4) If the apparatus fails to fire all the shots in a properly connected circuit, the shot-firer shall return
the apparatus to the manager or assistant manager as soon as possible, and it shall not be used again unless
it has been tested on the surface and found to be in safe working order.
(5) The result of every test made under sub-regulations (3) and (4) shall be recorded in a bound paged
book kept for the purpose and shall be signed and dated by the competent person making the test.
(6) No current from a signalling, lighting or power circuit shall be used for firing shots.
(7) The shot-firer shall-
(a) retain the key of the firing apparatus in his possession throughout his shift;
(b) use a well-insulated cable of sufficient length to permit him to take proper shelter and in
case of belowground working sufficient to take two right angle turns of pillar, and in no
case, shall this cable be less than 50 meters in length;
(c) before coupling the cable to the firing apparatus, couple up the cable himself to the
detonator leads;
(d) take care to prevent the cable from coming into contact with any power or lighting cable or
other electrical apparatus;
(e) take adequate precautions to protect electrical conductors and apparatus from injury;
(f) himself couple the cable to the firing apparatus and before doing so, see that all persons in
the vicinity have taken proper shelter as provided under regulation 196;
(g) after firing the shots and before entering the place of firing, disconnect the cable from the
firing apparatus.
(8) Where more than one shot are to be fired at the same time,-
(a) care shall be taken that all connections are properly made;
(b) all shots, if fired belowground, shall be connected in series;
(c) the circuit shall be tested, either for electrical resistance or for continuity, before connecting
it to the firing apparatus, which shall be made with an apparatus specifically designed for
the purpose and only after all persons in the vicinity have taken proper shelter as provided
under regulation 196;
(d) the cable to the shot-firing apparatus shall be connected last;
(e) detonators of the same electrical resistance shall only be used.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-320-320.jpg)
![262 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Provided that in case of special difficulties, the Chief Inspector may exempt any stone drift or sinking
shaft from the provisions of this sub-regulation subject to such conditions as he may specify therein.
199. Precautions in the use of permitted explosives.– (1) No detonator shall be used, unless it is of a
type approved by the Chief Inspector.
(2) Where more than one shots are charged for firing, the shots shall be fired simultaneously.
(3) The aggregate charge in any shot to be fired in coal shall not exceed such permissible maximum
charge, as the Chief Inspector may, by a general or special order, specify for the kind of permitted
explosives used.
200. Approved shot-firing apparatus.– No shot shall be fired in a mine except by means of a shot-firing
apparatus of a type approved by the Chief Inspector and subject to such conditions as he may, from time to
time, specify by a general or special order:
Provided that where special conditions exist, the Chief Inspector may, by an order in writing and
subject to such conditions as he may specify therein, permit the use of any other shot-firing apparatus.
201. Additional precautions in belowground mines.- (1) If in a ventilating district, presence of
inflammable gas is detected in any place, no shot-hole shall be charged, stemmed or fired in that place or in
any other place situated on its return side till such place has been cleared of gas and declared safe.
(2) Immediately before charging a shot-hole or a round of shot-holes, and again before firing the shots
the shot-firer shall carefully test for inflammable gas at all places within a radius of eighteen meters of the
place of firing.
(3) No shot-hole shall be charged if any break is found therein, or if inflammable gas is found issuing
therefrom.
(4) If after charging a shot-hole, inflammable gas is found in any place within the radius specified in
sub-regulation (2), no shot shall be fired until the place has been cleared of gas and declared safe.
(5) No delay-action detonator shall be used, except with the previous permission in writing of the
Chief Inspector and subject to such conditions as he may specify therein.
202. Blasting in fire areas in opencast mines.- Conditions for conduct of blasting in fire areas in
opencast mines shall be specified by the Chief Inspector in a general order.
203. Inspections after shot-firing.– (1) After a shot has been fired, the shot-firer shall not enter or allow
any other person to enter the place until the atmosphere in the area is free from dust, smoke or fumes:
Provided that the shot-firer shall before any other person enters the place, make a careful
examination and with his assistants, if any, make the place safe.
(2) No other person shall enter the place, and where guards have been posted they shall not be
withdrawn, until the examination has been made and the place has been declared safe in all respects.
(3) In the case of opencast working, after shots have been fired, an all-clear signal shall be given
except in the case of a misfire.
204. Misfires.– (1) After firing the shots electrically, no person shall re-enter or be permitted to re-enter
the place until five minutes after the source of electricity has been disconnected from the cable.
(2) In the event of a misfire, the entrance or entrances to the working place shall be fenced so as to prevent
inadvertent access and no work other than that of locating or relieving the misfire shall be done therein until
the misfire has been located and relieved.
(3) In opencast working, it shall be sufficient to mark the place of the misfire with a red flag.
(4) In the event of a misfire, a second charge shall not be placed in the same hole.
(5) If the misfire contains a detonator, the leads thereof shall be attached by a string to the shot-firing cable
or some distinctive marker.
(6) Except where the misfire is due to faulty cable or a faulty connection, and the shot is fired as soon as
practicable after the defect is remedied, another shot shall be fired in a relieving hole which shall be so
placed and drilled in such a direction that at no point shall it be nearer than thirty centimeters from the
misfired hole:
Provided that the new hole shall be bored in the presence of a shot-firer, preferably the same person
who fired the shot.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-322-320.jpg)
![264 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
CHAPTER XV
MACHINERY, PLANT AND EQUIPMENT
208. Use of certain machinery, equipment and devices in coal mines.- (1) No internal combustion
engine or steam boiler shall be used belowground in a mine expect with the previous permission in writing
of the Chief Inspector and subject to such conditions as he may specify therein.
(2) In every gassy seam of the second or third degree, only flame proof electrical apparatus and
equipment shall be used belowground unless otherwise provided for under the provisions of the Central
Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010:
Provided that the Central Government or the Chief Inspector or an Inspector authorised by the
Central Government may, subject to such conditions as may be specified, permit the continuance of the use
of non-flame proof apparatus or equipment for a specified period, not exceeding one year, in any mine of
the first degree gassiness, which has subsequently been classified as second or third degree gassiness.
(3) The Chief Inspector may, from time to time by notification in the Official Gazette, specify appliances,
equipment, machinery, or other material, that are or may be used in a mine, which shall be of such type,
standard and make as approved by the Chief Inspector by a general or special order, and where any such
appliance, equipment, machinery or other material had been specified by the Chief Inspector, any such
appliance, equipment, machinery, or material, other than that approved by the Chief Inspector as aforesaid,
shall not be used in any mine.
(4) Where in respect of any appliance, equipment, machinery or other material, the Chief Inspector has
not made any notification under sub-regulation (3) and any such appliance, equipment, machinery or
material is used in any mine, the Chief Inspector or Regional Inspector may, if he is of the opinion that the
use of such appliance, equipment, machinery, or material is likely to endanger safety in the mine, by an
order in writing, prohibit the use thereof until the same is approved by the Chief Inspector.
(5) The owner, agent or manager of a mine while acquiring any approved type of machinery,
equipment, apparatus, device, lamp, light or materials shall ensure that they conform to approved
specifications in all respects and shall also be responsible for maintaining them as per the approved
standard.
(6) A copy of approval of every approved machinery, equipment and device being used shall be kept at
the office of the mine.
(7) Where machinery is used for lifting, pulling, drilling, other than by hand held drill, dinting, ripping,
cutting, loading, hauling or dumping, safe code of practices separately for each type of machinery with
respect to the method of work, shall be framed by the person authorised for the purpose, containing codes
for the control and guidance of persons employed for the erection, installation, operation, repairs,
maintenance, dismantling and transportation of such machinery and ancillary equipment as well as for the
prevention of accident and to provide for the safety, health, convenience and discipline of the persons so
employed and the engineer authorised for the purpose shall be responsible for the implementation of above
safe code of practices.
(8) Where surface transportation and handling machinery including coal handling plants, repair sheds
or workshops are provided, safe code of practices for their erection, installation, operation, repairs,
maintenance, dismantling and transportation of such machinery, plants and ancillary equipment as well as
for the prevention of accident and to provide for the safety, health, convenience and discipline of the
persons so employed shall be framed by the person authorised for the purpose, and the engineer authorised
for the purpose shall be responsible for the implementation of above safe code of practices.
209. General provisions for construction and maintenance of machinery.– All parts and working gear,
whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus
used as or forming part of the equipment of a mine, and all foundations in or to which any such appliances
are anchored or fixed shall be of good design, sound construction, suitable material, adequate strength and
free from visible defect and shall be properly maintained.
210. Apparatus under pressure.– (1) All apparatus, used as or forming part of the equipment of a mine,
which contains or produces air, gas or steam at a pressure greater than atmospheric pressure shall be so
designed, constructed, installed and maintained as to obviate any risk of fire, bursting, explosion or collapse
or the production of noxious gases.](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-324-320.jpg)
![266 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
214. Belowground face equipment, continuous mining and coal cutting machines.- (1) All self
propelled face equipment, including shuttle cars, which are used in belowground coal mines shall be
equipped with substantially constructed canopies or cabs, located and installed in such a manner that when
the operator is at the operating control of such equipment he shall be protected from falls of roof, face or
side.
(2) Methane monitors shall be installed on all roof bolting machines and cutting machines, continuous
miners, longwall face equipment, loading machines and other mechanised equipment used to extract or load
coal.
(3) Roof bolting machines, continuous miners and coal loading equipments shall be equipped with
adequate lighting to illuminate the workplace.
(4) All face equipment used to cut coal or drill holes for roof support shall be equipped with
engineering controls such as water sprays, dust collector and air- scrubber system to control respirable coal
mine dust.
(5) Where remote controlled devices are used in belowground coal mines and on coal faces to operate
continuous mining machines or other such equipment, the owner, agent and manager shall ensure-
(a) testing of the remote controlled devices to ensure they are all on separate frequencies and
will not accidentally cause a machine not been intentionally operated to activate or move;
(b) proper training of all operators on the use of the remote control device;
(c) designing of a mining scheme for the use of remote control mining equipment which
include the safe location for the machine operators and any other workers in the area to
prevent crushing accidents while the machine is in movement, and from re](https://image.slidesharecdn.com/wholemergedmlgs-230804031938-9998002d/85/Whole-merged-mlgs-pdf-326-320.jpg)
Whole merged mlgs.pdf
- 1. THE MINES ACT, 1952 (Act No. 35 of 1952 ) (15 March, 1952) (As modified upto 1983) An Act to amend and consolidate the law relating to the Regulation of labour and safety in mines Be it enacted by Parliament as follows :- CHAPTER I PRELIMINARY 1. Short title, extent and commencement – (1)This Act may be called the Mines Act, 1952. (2)It extends to whole of India (3)It shall come into force on sub date or dates as the Central Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different states but not later than 31 st December, 1953. 2. Definitions : - (1) In this Act, unless the context otherwise requires : (a) omitted (b) “adult” means a person who has completed his eighteenth year. (c) “agent”, when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof: (d) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act; (e) “Committee” means a committee constituted under section 12: (f) “day” means a period of twenty-four hours beginning at mid-night; (g) “district magistrate” means, in a presidency-town, the person appointed by the Central Government to perform the duties of a district magistrate under this Act in that town; (h) a person is said to be “employed” in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with knowledge of the manager, whether for wages or not. (i) in any mining operation (including the concomitant operations of handing and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine) (ii) in operations or services relating to the development of the mine including construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations: (iii) in operating, servicing, maintaining or repairing any part or any machinery used in or about the mine; (iv) in operations, within the premises of the mine of loading for despatch of minerals; (v) in any office of the mine: (vi) in any welfare, health, sanitary or conservancy services required to be provided under this Act, or watch and ward, within the premises of the mine excluding residential area; or (vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with mining operations; (i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a district magistrate when exercising any power or performing any duty of an Inspector which is empowered by this Act to exercise or perform; (i) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes - (i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields: (ii) all shafts, in or adjacent to and belonging to a mine, where in the course of being sunk or not: (iii) all levels and inclined planes in the course of being driven; (iv) all opencast workings;
- 2. (v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi)all adits, livels, planes, machinery works, railways, tramways and sidings in or adjacent to and belonging to a mine; (vii) all protective works being carried out in or adjacent to a mine; (viii) all workshop and store situated within the precincts of a mine and the same management and used primarily for the purposes connected with that mine or a number of mines under the same management; (ix) all power stations, transformer sub-stations converter stations : rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such and refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine: (xi) any premises in or adjacent to and belonging to a mine or which any process ancillary to the getting, dressing or operation for sale of minerals or of coke is being carried on; (jj) “minerals” means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying, or by any other operation and includes mineral oils (which in turn include natural gas and petroleum): (jjj) (k) “office of the mine” means any office at the surface of the mine concerned; (kk) “Open cast working” means a quarry, that is to say an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground. (i) “owner” when used, in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by liquidator or receiver, such liquidator or receiver but does not include a person who merely receives a royalty rent or fine from the mine, subject to any lease grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but (any contractor or sub- lessee for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability; (m) “Prescribed” means prescribed by rules, regulation or byelaws, as the case may ; (n) “qualified medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1959 and who is enrolled on a state medical register as defined in clause (k) of that section:) (o) “regulations” “rules” and “bye-laws” means respectively regulations, rules and bye- laws made under this Act; (p) where work of the same kind is carried out by two or more sets of persons working during different periods of the day each of such sets is called a “relay” (and each of such periods is called a “shift”,) (pp)”reportable injury” means any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced absence of the injured persons from work for a period of seventy-two hours or more. (q) “serious bodily injury” means any injury which involves; or in probability will involve the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot. (r) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector or an Inspector. (2) A person working or employed or employed in or in connection with a mine is said to be working or employed – (a) “below ground” if he is working or employed – (i) in a shaft which has been or is in the course of being sunk; or (ii) in any excavation which extends below superjacent ground; and
- 3. (b) “above ground” if he is working in open cast working or any other manner not specified in clause (a) 3. (1) Act not apply in certain cases – The provisions of this Act, except those contained in sections 7,8,9, 40,45 and 46 shall not apply to – (b) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale : Provided that – (i)not more than twenty persons are employed on any one day in connection with any such excavation. (ii)the depth of the excavation measured from its highest to its lowest point nowhere exceeds six, metres or, in the case of an excavation for coal fifteen metres: and (iii) no part of such excavation extends below superjacent ground; or (b) any mine engaged in the extraction of kankar, murrum laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earthy fullers earth, marl chalk and lime stone. Provided that – (i) the working do not extend below superjacent ground: or (ii)where it is an open cast working – (a)the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres; (b)the number of persons employed on any one day does not exceed fifty; and (c)explosives are not used in connection with the excavation. (2) Notwithstanding anything contained in sub-section (1) the Central Government may, if it is satisfied that, having regard to the circumstances obtaining in relation to mine or part thereof or ground or class of mines, it is necessary or desirable so to do by notification in the official Gazette, declare that any of the provisions of this Act, not set out in sub- section (10, shall apply to any such mine or part thereof or group of class of mines or any class of persons employed therein. (3) Without prejudice to the provisions contained in sub-section (2), if at any time any of the conditions specified in the provision to clause (a) or clause (b) of sub-section (1) is not fulfilled in relation to any mine referred to in that sub-section the provisions of this Act not get out in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfilment. (4) Reference to time of day – In this Act, reference to time of day are reference to Indian standard time, being five and a half hours ahead of Green which mean time: Provided that, for any area in Indian standard time is not ordinarily observed, the Central Government may make rules – (a) specifying the area; (b) defining the local mean time ordinarily observed therein; and (c) permitting such time to be observed in all or any of the mines situated in the area. ------
- 4. CHAPTER - II INSPECTORS AND CERTIFYING SURGEONS 5. (1) Chief Inspector and Inspector - The Central Government may, by notification in the official Gazette, appoint such a person as possesses the prescribed qualifications to be Chief Inspector of mines for all the territories to which this Act extends and such persons as possess the prescribed qualifications to be Inspectors of Mines subordinate to the Chief Inspector. (2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or mining rights in India. (3) The District Magistrate may exercise the powers and perform the duties of an Inspector subject to the general or special orders of the Central Government: Provided that nothing in this sub-section shall be deemed to empower a District Magistrate to exercise any of the Powers conferred by section 22 or section 22A or section 61, (4) The Chief Inspector and all Inspectors shall be deemed to be public servant within the meaning of the Indian Penal Code. 6. (a) Functions of inspectors - The Chief Inspector may, with the approval of the Central Government and subject to such restrictions or conditions as he may think fit to impose, by order in writing: authorise any Inspector named or any class of Inspectors specified in the order to exercise such of the powers of the Chief Inspector under this Act (other than those relating to appeals) as he may specify. (2) The Chief Inspector may by order in writing, prohibit or restrict the exercise by any Inspector named or any class of Inspectors specified in the order of any power conferred on Inspectors under this Act. (3) Subject to the other provisions contained in this section, the Chief Inspector shall declare the local area or areas within which or the group or class of mines with respect to which Inspector shall exercise their respective powers. 7. (1) Powers of Inspectors of Mines – The Chief Inspector and any Inspector may – (a)make such examination and inquiry as he thinks fit, in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made there under are observed in the case of any mine; (b) with such assistants, if any, as he thinks fit, inspect and examine any mine or any part thereof at any time by day or night: Provided that the power conferred by this clause shall not be exercise in such a manner as unreasonably to impede or obstruct the working of mine. (c) examine into, and make inquiry respecting, the state and condition of any mine, or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine and all matters and things connected with or relating to the health, safety and welfare of the persons employed in the mine, and take whether on the precincts of the mine or elsewhere statements of any person which he may consider necessary for carrying out the purpose of this Act; (d) exercise such other powers as may be prescribed by regulation made by the Central Government in this behalf. Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself, (2) The Chief Inspector and any Inspector may, if he has reason to believe as a result of any inspection examination or inquiry under this section, that an offence under this Act has been or is being committed, search any place and take possession of any material or any plane section register other records appertaining to the mine and the provisions of the Code of Criminal Procedure 1973 shall, so far as may be applicable, applied to any search or seizure made under this Act as to apply to any search or seizure made under the authority of a warrant issued under section 94 of the code. 8. Powers of special officers to enter, measure, etc. –
- 5. Any person in the service of Government duly authorised in this behalf by a special order in writing of the Chief Inspector or of an Inspector may, for the purpose of surveying leveling or measuring any mine; or any output therefrom after giving not less than three days’ notice to the manager of such mine, enter the mine and may survey, level or measure, the mine or any part thereof or any output therefrom after giving not less than three days’ notice to the manager of such mine, enter the mine and may survey, level or measure, the mine or any part thereof or any output therefrom at any time by day or night: Provided that, where in the opinion of the Chief Inspector or of an Inspector an emergency exists, he may by order in writing, authorise any such person to enter the mine for any of the aforesaid purpose without giving any such notice. 9. Facilities to be afforded to inspectors – Every owner, agent and manager of a mine shall afford the Chief Inspector and every Inspector and every person authorised under section 8 all reasonable facilities for making any entry, Inspection; survey, measurement, examination or inquiry under this Act. “6A. Facilities to be provided for occupational health survey- (i) The Chief Inspector or an Inspector or other officer authorised by him in writing in this behalf, may at any time during the normal working hours of the mine or at any time by day or night as may be necessary undertake safety and occupational health survey in a mine after giving notice in writing to the manager of the mines and the owner, agent or manager of the mine shall afford all necessary facilities (including facilities for the examination and testing of plant and machinery for the collection of samples and other data pertaining to the survey and for the transport and examination of any persons employed in the mine chosen for the survey) to such Inspector or officer. (2) Every person employed in a mine who is chosen for examination in any safety and occupational health survey under sub-section (10 shall present himself for such examination and at such place as may be necessary and shall furnish all information regarding his work and health in connection with the said survey. (3) The time spent by any person employed in a mine who is chosen for examination in the safety and occupational health survey, shall be counted towards his working time, so however that any overtime shall be paid at the ordinary rate of wages. Explantion: For the purpose of this sub-section, “ordinary rate of wages” means the basic wages plus any dearness allowance and underground allowance and compensation in case including such compensation, if any accruing through the free issue of foodgrains and edible oils as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus (other than a bonus given as incentive for production) or any compensation accruing through the provision of amenities such as free housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kerosen oil baskets, tools and uniforms. (4) Any person who, on examination under sub-section (2) is found medically unfit to discharge the duty which he was discharging in a mine immediately before such presentation shall be entitled to undergo medical treatment at the cost of the owner, agent and manager with full wages during the period of such treatment. (5) If, after the medical treatment, the person referred to in sub-section (4) is declared medically unfit to discharge the duty which he was discharging in a mine immediately before absenting himself from the said examination and such unfitness is directly describable to his employment in the mine before such presentation, the owner, agent and manager shall provide such person with an alternative employment in the mine for which he is medically fit : Provided that where no such alternative employment is immediately available, such person shall be paid by the owner, agent and manager disability allowance determined in accordance with the rates prescribed in this behalf;
- 6. Provided further that where such person decides to leave his employment in the mine, he shall be paid by the owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this behalf. (6) The rates under the provision sub-section (5) shall be determined having regard to the monthly wages of the employees, the nature of disabilities and other related factors.” 10. Secrecy information obtained :-- (1) All copies of, and extracts from registers or other record appertaining to any mi9ne and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection or survey of any mine under this Act or acquired by any person authorised under section 8 or section 9A in the exercise of his duties thereunder, shall be regarded as confidential and shall not be disclosed to any person or authority unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the health, safety or welfare of any person employed in the mine or any other mine adjacent thereof. (2) Nothing in sub-section (1) shall apply to the disclosure of any such information (if so required) to – “(a) any court; (b) a Committee or court of inquiry constituted or appointed under section 12 or section 24, as the case may be: (c) an official supervisor or the owner, agent or manager of the concerned mine: (d) a Commissioner for workmen’s compensation appointed under the Workmen’s Compensation Act, 1923; (e) the Controller Indian Bureau of Mines. (f) any registered or recognised trade union; (g) such other officer, authority and organisation as may be specified in this behalf by the Central Government.” (3) If the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses contrary to the provisions of this section, any such information as aforesaid without the consent of the Central Government, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (4) No court shall proceed to the trial of any offence under this section except with the previous sanction of the General Government. 11. Certifying Surgeons :-- (1) The Central Government may appoint qualified medical practitioners to be certifying surgeons for the purpose of this Act within such local limits or for such mine or class or description of mines as it may assign to them respectively. (2) Subject to such conditions as the Central Government may think fit to impose, a certifying surgeon may, with the approval of the Central Government, authorise any qualified medical practitioner to exercise all or any of his powers under this Act for such period as the certifying surgeon may specify, and references to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorise. (3) No person shall be appointed to be or authorised to exercise the powers of certifying surgeon, or, having been so appointed or authorised, continue to exercise such powers, who is or becomes the owner, agent or manager of a mine, or is or becomes directly or indirectly interested therein, or in any process or business carried on therein or in any patent or machinery connected therewith, or is otherwise in the employment of the mine. (4) The certifying surgeon shall carry out such duties as may be prescribed in connection with -- (a) *** (b) the examination of persons engaged in a mine in such dangerous occupations or processes as may be prescribed: (c) the exercise of such medical supervision as may be prescribed for any mine or class or description of mines where- (i) cases of illness have occurred which it is reasonable to believe are due to the nature of any process carried on or other conditions of work prevailing in the mine. (ii) ***
- 7. -----
- 8. CHAPTER – III ‘COMMITTEES’ 12. Committees :- (1) The Central Government shall, with effect from such date as that Government may by notification in the official Gazette, specify in this behalf constitute for the purposes of this Act, a Committee consisting of - (a) a person in the service of the Government, not being the Chief Inspector or an Inspector, appointed by the Central Government to as Chairman: (b) the Chief Inspector of mines; (c) two persons to represent the interests of miners appointed by the Central Government; (d) two persons to represent the interests of owners of mines appointed by the Central Government; (e) two qualified mining engineers not directly employed in the mining industry, appointed by Central Government : Provided that one at least of the persons appointed under clause (c) shall be for representing the interests of workers in coal mines and one at least of the persons appointed under clause (d) shall be for representing the interests of owners of coal mines. (2) Without prejudice to generality of sub-section(1), the Central Government may constitute one or more Committees to deal with specific matters relating to any part of the territories to which this Act extends or to a mine or a group of mines and may appoint members thereof and the provisions of sub-section(1) (except the provision thereto) shall apply for the constitution of any Committee under this sub-section as they apply for the constitution of a Committee under that sub-section. (3) No act or proceeding of a Committee shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. 13. Functions of the committee – (1) The Committee constituted under sub-section (1) of section 12 shall – (a) consider proposal for making rules and regulations under this Act and make appropriate recommendations to the Central Government; (b) enquiry into such accidents or other matters as may be referred to it by the Central Government from time to time and make reports thereon; and (c) subject to the provisions of such-section(2), hear and decide any appeals or objections against notices or orders under this Act or the regulations, rules or bye-laws thereunder as are required to be referred to it by this Act or as may be prescribed. (2) The Chief Inspector shall not take part in the proceedings of the Committee with respect to any appeal or objection against an order on notice made or issued by him or act in relation to any matter pertaining to such appeal or objection as a member of the Committee. 14. Powers, etc. of the Committees – (1) A Committee constituted under section 12 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purposes of discharging its functions under this Act. (2) A committee constituted under section 12 shall, for the purposes of discharge its functions have the same powers as are vested in a court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely :-- (a) discovery and inspections; (b) enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents; and (d) such other matters as may be prescribed.” 15. Recovery of expenses –
- 9. The Central Government may direct that the expenses of any inquiry conducted by a committee constituted under section 12 shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector or 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 magistrates jurisdiction belonging to such owner or agent. Provided that the owner or his agent has not paid the amount within six weeks from the date of receiving the notice from the Central Government or the Chief Inspector of Mines. ------- CHAPTER - IV MINING OPERATIONS AND MANAGEMENT OF MINES 16. Notice to be given of mining operations – (1) The owner, agent or manager of a mine shall, before the commencement of any mining operation, give to the Chief Inspector, the Controller, Indian Bureau of Mines and the District Magistrate of the district in which the mine is situated, notice in writing in such form and containing such particulars relating to the mine, as may be prescribed. (2) Any notice given under sub-section (1) shall be so given as to reach the persons concerned at least one month before the commencement of any noting operation. 17. (1) Managers- Save as may be otherwise prescribed, every mine shall be under a sole manager who shall have the prescribed qualifications and the owner or agent of every mine shall appoint a person having such qualifications to be the manager: Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications. (2) Subject to any instruction given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith. (3) Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, to a persons, employed in a mine, who is responsible to the manager. 18. Duties and responsibilities of owners, agents and managers :- (1) the owner and agent of every mine shall each be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Act and the regulations, rules, bye-laws and orders made thereunder. (2) The responsibility in respect of matters provided for in the rules made under clauses (d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such person (other than the manager) whom the owner or agent may appoint for securing compliance with the aforesaid provisions. (3) If the carrying out of any instructions given under sub-section (2) or given otherwise than through the manager under sub-section(3) of section 17 results in the contravention of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provision concerned. (4) Subject to the provisions of sub-sections(1), (2) and (3) the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and orders made thereunder.
- 10. (5) In the event of any contravention by any person whosoever of any of the provisions of this Act or of the regulations; rules, bye-laws or orders made thereunder except those which specifically require any person to do any act or thing, or prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used bue diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention: (i) the official or officials appointed to perform duties of supervision in respect of the provisions contravened; (ii) the manager of the mine; (iii) the owner and agent of the mine; (iv) the person appointed, if any, to carry out the responsibility under sub-section (2). Provided that any of the persons aforesaid may not be proceeded against if it appears on enquiry and investigation that he is not prima facieliable. (6) It shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the manager and other official have been appointed in accordance with the provisions of this Act or that a person to carry the responsibility under sub-section (2) has been appointed." ------ CHAPTER – V PROVISION AS TO HEALTH AND SAFETY 19. Drinking water --- (1) In every mine effective arrangement shall be made to provide and maintain at suitable points conveniently situated a sufficient supply of coal and wholesome drinking water for all persons employed therein: Provided that in case of persons employed below ground the Chief Inspector may, in lieu of drinking water being provided and maintained at suitable points, permit any other effective arrangements to be made for such supply. (2) All such points shall be legibly marked ‘DRINKING WATER’ in a language understood by a majority of the persons employed in the mine and no such point shall be situated withi9n six metres of any washing place, urinal or latrine, unless a shorter distances is approved in writing by the Chief Inspector. (3) In respect of all mines or any class or description of mines, the Central Government may make rules for securing compliance with the provisions of sub-sections (1) and (2) and for the examination by prescribed authorities of the supply and distribution of drinking water. 20. Conservancy – (1) There shall be provided, separately for males and females in every mine, a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to persons employed in the mine at all times. (2) All latrines and urinals provided under sub-section (1) shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition. (3) The Central Government may specify the number of latrines and urinals to be provided in any mine, in proportion to the number of males and females employed in the mine and provide for such other matters in respect of sanitation in mines (including the obligations in this regard of persons employed in the mine) as it may consider necessary in the interests of the health of the persons employed, 21. Medical appliance : (1) In every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of first-aid boxes or cupboards equipped with such contents as may be prescribed. (2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard or room.
- 11. (3) Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in such first-aid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. (4) In every mine there shall be mades to as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine suffer bodily injury or become ill. (5) In every mine wherein more than one hundred and fifty persons are employed there shall be provided and maintained a first-aid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed. 22. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous:- (1)If, in respect of any matter for which no express provision is made by or under this Act, it appears to the Chief Inspector or an Inspector that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice, in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in respect of 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 and in such manner as he may specify in the notice. (1A) Where the owner, agent or manager of amine fails to comply with the terms of a notice given under sub-section (1) within the period specified therein, the Chief Inspector or the Inspector, as the case may be, may by order in writing, prohibit the employment in or about the mine or any part thereof any person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice. (1)Without prejudice to the provisions contained in sub-section(10 the Chief Inspector or the Inspector as the case may be, by order in writing addressed to the owner, agent or manager of a mine prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, if, in his opinion such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the working or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the 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 fire or flooding. (3)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 or safety of any person employed in any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit, until he is satisfied that the danger is removed the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger. (3A) Every person whose employment is prohibited under sub-section (1A) of sub-section (3) shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition in employment and the owner agent or manager shall be liable for payment of such full wages of that person: Provided that the owner, agent or manager may instead of paying such full provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited.” (4) Where notice has been given under sub-section (1) or an order made under sub- section (1A), sub-section (2) or sub-section (3) by an Inspector, the owner, agent or manager of the mine may within ten days after the receipt of the notice or order, as the case may be appeal against the same to the Chief Inspector who may confirm, modify or cancel the notice or order. (5) The Chief Inspector or the Inspector sending a notice under sub-section (1) or making an order under sub-section (1A), sub-section(2) or sub-section (3) and the Chief Inspector making an order (other than an order of cancellation in appeal) under sub- section (4) shall forthwith report the same to the Central Government. (6) If the owner, agent or manager of the mine objects to a notice sent under sub- section(1) by the Chief Inspector or to an order made by the Chief Inspector under sub-
- 12. section (1A) or sub-section(2) or sub-section (3) or sub-section (4), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the Central Government which shall, ordinarily within a period of two months from the date of receipt of the objection, refer the same to a Committee. (7) Every notice under sub-section(1) or order under sub-section (1A), sub-section(2) or sub-section(3) or sub-section (4) to which objection is made under sub-section(6) shall be complied with, pending the receipt at the mine of the decision of the Committee. Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a notice under sub-section (1) pending its decision on the objection. (8) Nothing in this section shall affect the powers of a magistrate under section 144 of the Code of Criminal procedure 1896. Act V of 1898). 22A Power to prohibit employment in certain cases: (1)Where in respect of any matter relating to safety for which express provision is made by or under this Act, the owner, agent or manager of mine fails to comply with such provisions, the Chief Inspector may give notice in writing requiring some to be complied with within such time as he, may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter. (2)Where the owner, agent or manager fails to comply with the terms of a notice given under sub-section(1) within the period specified in such notice or, as the case may be, within the extended period of time specified under that sub-section, the Chief Inspector may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion reasonably necessary for securing compliance with the terms of the notice. (3)Every person whose employment is prohibited under sub-section(2), shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the owner, agent or manager shall be liable for payment of such full wages of that person. Provided that the owner, agent or manager may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under sub-section(2). (4) The provisions of sub-section (5), (6) and (7) of section 22 shall apply in relation to a notice issued under sub-section (1) or an order made under sub-section(2) of this section as they apply in relation to a notice under sub-section (1) or an order under sub-section (1A) of that section.” 23. Notice to be given of accidents :- (1) Whenever there occurs in or about a mine:- (a) an accident causing loss of life or serious bodily injury, or (b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or (c) an influx of inflammable or noxious gases, or (d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or (e) an overwinding of cages of other means of conveyance in any shaft while persons or materials are being lowered or raised, or (f) a premature collapse of any part of the workings, or (g) any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice-board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting.
- 13. (1A) Whenever there occurs in about a mine an accident causing reportable injury to any person, the owner, agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in quarter.” (2) Where a notice given under sub-section(1) relates to an accident causing loss of life, the authority shall make an inquiry into the occurrence within two months of the receipt of the notice and, if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said period. (3)The Central Government may, by notification in the Official Gazette, direct that accidents other than those specified in sub-sections(1) and (1A) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours shall be entered in a register in the prescribed form or shall be subject to the provision of sub-section(1) or sub-section (1A), as the case may be.” (4) A copy of the entries in the register referred to in sub section (3) shall be sent by the owner, agent or manager of the mine, on or before the 20 th day of January in the year following that to which the entries relate to the Chief Inspector. (5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to who notice of the accident is required to be given under sub-section(1) of section 23, unless such disturbances of alteration is necessary to prevent any further accident to remove bodies of the deceases; or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine; Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident, within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.” 24. Power of Government to appoint court of enquiry in cases of accidents:- (1) When any accident of the nature referred to in any of the clauses of sub-section(1) of sections 23 occurs in or about a mine, the Central Government may if it is of opinion that a formal inquiry into the causes of and circumstances attending the accident ought to be held, appoint a competent person to hold such inquiry and may also appoint one or more persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry. (2) The person appointed to hold such an inquiry shall have all the powers of a civil court under the Code of Civil Procedure 1908 (Act V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects. (3) Any person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry. (4) The person holding an inquiry under this section shall make a report to the Central 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. 25. Notice of certain diseases :- (1) Where any person employed in a mine contacts any disease notified by the Central Government in the official Gazette as a disease connected with mining operations the owner , agent or manager of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities in such form and within such time as may be prescribed. (2) If any 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 suffereing from any disease notified under sub-section(1) the medical practitioner shall without delay send a report in writing to the Chief Inspector stating -- (a) the name and address of the patient. (b) The disease from which the patient is or is believed to be suffering, and (c) The name and address of the mine in which the patient is or was last employed.
- 14. (3) Where the report under sub-section(2) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying surgeon or otherwise that the person is suffering from a disease notified under sub-section (1), the Chief Inspector shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contracted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section(2), he shall be punishable with fine which may extend to fifty rupees. 26. Power to direct investigation of causes of diseases :-- (1) The Central Government may, if it considers it expedient to do so, appoint a competent person to inquire into and report it on any case where a disease notified under sub-section(1) of section 25 has been or suspected to have been contracted in a mine, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The provisions of sub-section (2) and (3) of section 24 shall apply to an inquiry under this section in the same manner as they apply to any inquiry under that section. 27. Publication of reports :- The Central Government may cause any report submitted by a Committee under section 12 or any report or extracts from report submitted to it under section 26, and shall cause every report submitted by a Court of Inquiry under section 14 to be published at such time and in such manner as it may think fit. ----- CHAPTER – VI HOURS AND LIMITATION OF EMPLOYMENT 28. Weekly day of rest :- No person shall be allowed to work in a mine for more than six days in any one week. 29. Compensatory days of rest :- (1) Where in pursuance of action under section 38 or as a result of exempting any mine or the persons employed therein is from the provisions of section 28, any person employed therein deprived of any of the weekly days of rest for which provision is made in section 28, he shall be allowed, within the month in which such days of rest was due to him or within the two months immediately following that month, compensatory days of rest equal in number to the days of rest of which he has been deprived. (2) The Central Government may prescribe the manner in which the days of rest for which provision is made in sub-section (1) shall be allowed. 30. (1) No adult employed above ground in a mine shall be required or allowed to work for more than forty-eight hours in any week or for more than nine hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified to this sub-section may exceed in order to facilitate the change of shifts. (2) The periods or work of any such adult shall be so arranged that along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall
- 15. not work for more than five hours continuously before he has had an interval for rest of at least half an hour: Provided that the Chief Inspector may, for reasons to be recorded in writing and subject to such conditions as he may deem fit to impose, permit the spread over to extend over a period not exceeding fourteen hours in any day. (3) Persons belonging to two or more shifts shall not be allowed to do work of the same kind above ground as the same time: Provided that, for the purpose of this sub-section persons shall not be deemed to belong to separate shifts by reason only of the fact that they receive their intervals for rest at different times, 31. Hours of work below grounds:- (1) No person employed below ground in a mine shall be allowed to work for more than forty-eight hours in any week or for more than eight hours in any day; Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this sub-section may be exceeded in order to facilitate the change of shifts. (2) No work shall be carried on below ground in any mine except by a system of Shifts so arranged that the period of work for each shifts is not spread-over more than the daily maximum hours stipulated in sub-section (1) (3) No person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register maintained under sub-section (4) of section 48. 32. Night shifts :- Where a person employed in a mine works on a shift which extends beyond midnight – (a) for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends. (b) the following day for him shall be deemed to be the period of twenty four hours beginning when such shifts ends, and the hours he khas worked after midnight shall be counted in the previous day. 33. Extra wages for overtime:- (1) Where in a mine a person works above ground for more than nine hours in any day or works below ground for more than eight hours in any day or works for more than forty-eight hours in any week. Whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages the period of overtime work being calculated on a daily basis or weekly basis whichever is more favourable to him. (2) Where any person employed in a mine is paid on piece rate basis, the time-rate shall be taken as equivalent to the daily average of his full-time earning for the days on which he actually worked during the week immediately preceeding the week in which overtime work has been done, exclusive of any overtime, and such time-rate shall be deemed to be the ordinary rate of wages of such person; Provided that if such person has not worked in the preceeding week on the same or identical job, the time rate shall be based on the average for the day he had worked in the same week excluding the overtime or on the daily average of his earnings in any preceding week whichever is higher.
- 16. Explanation - For the purpose of this section. “ordinary rate of wages” shall have the same meaning as in the Explanation to sub-section (3) of section 8A.” (3) (4) The Central Government may prescribed the register to be maintained in a mine for the purpose of securing compliance with provisions of this section. 34. Prohibition of employment of certain persons : No person shall be required or allowed to work in a mine if he has already been working in any other mine within the preceding twelve hours. 35. Limitation of daily hours of work including over-time work: Save in respect of cases failing within clause (a) and clause (e) of section 39 no person employed in a mine shall be required or allowed to work in the mine for more than ten hours in any day inclusive of overtime 36. Notices regarding hours of work: (1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form standing the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay. (2) In the case of a mine at which mining operations commence after the commencement of this Act, the notice referred to in sub-section(1) shall be posted not less than seven days before the commencement of work. (3) The notice referred to in sub-section(1) shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief Inspector, if he so requires. (4) 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. (5) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub-section (1). 37. Supervising staff :- Nothing in section 28, section 30, section 31, section 34 or sub-section (5) of section 6 shall apply to persons who may by rules be defined to be persons holding positions of supervision or management or employed in a confidential capacity. 38. Exemption from provisions regarding employment:- (1) In case of an emergency involving serious risk to the safety of the mine or of persons employed therein or in case of an accident, where actual or apprehended, of in case of any act of God or in case of any urgent work to be done to machinery, plant or equipment of the mine as the result of break-down of such machinery, plant or equipment, the manager may, subject to the provisions of section 22 and section 22A and in accordance with the rules under section 39, permit persons to be employed in contravention of section 28, section 30, section 31, section 34 or sub-section(5) of section 36, work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted by this section, although the production of mineral would thereby be incidentally affected, but any action
- 17. so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine. (2) Every case in which action has been taken by the manager under sub-section(1), shall be recorded together with the circumstances relating thereto and a report thereof shall also be made to the Chief Inspector or the Inspector. 39. Power to make exempting rules:- The Central Government may make rules providing for the exemption to such extent, in such circumstances and subject to such conditions as may be specified from (5) the provisions of sections 28, 30, 31, 34 or sub-section 50 of section 36 - (a) of all or any of the persons employed in a mine, where an emergency involving serious risk to the safety of the mine or of the persons employed therein is apprehended; (b) of all or any of the persons so employed in case of an accident, actual or apprehended. (c) Of all or any of the persons engaged in work of a preparatory or complementary nature, which must necessarily be carried on for the purpose of avoiding serious interference with the ordinary working of the mine. (d) Of all or any of the persons engaged in urgent repairs and (e) Of all or any of the persons employed in any work, which for technical reasons must be carried on continuously. 40. Employment of persons below eighteen years of age :- (1) After the commencement of the Mine (Amendment) Act, 1983, no person below eighteen years of age shall be allowed to work in any mine or part thereof. (2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: Provided that, in the case of trainees, other than apprentices prior approval of the Chief Inspector or an Inspector shall be obtained before they are allowed to work. Explanation - In this section and in section 43, “apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentices Act, 1961. 41. *** 42. *** 43. Power to require medical examination :- (1) Where an Inspector is of opinion that any person employed in a mine otherwise than as apprentice or other trainee is not an adult or that any person employed in a mine as an apprentice or other trainee is either below sixteen years of age or is no longer fit to work, the Inspector may serve on the manager of the mine a notice requiring that such person shall be examined by a certifying surgeon and such person shall be examined by a certifying surgeon and such person shall not, if the Inspector so directs, be employed or permitted to work in any mine until this has been so examined and has been certified that he is an adult or, if such person is an apprentice or trainee that he is not below sixteen years of age and is fit to work. (2) Every certificate granted by a certifying surgeon on a reference under sub-section(1), shall, for the purpose of this Act, be conclusive evidence of the matters referred therein. 44. 45. Prohibition of the presence of persons below eighteen years of age in a mine :-
- 18. Subject to the provisions of sub-section(2) of section 40, after such date as the Central Government may by notification in the official Gazette, appoint in this behalf, no person below eighteen years of age shall be allowed to be present in any part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on” 46. Employment of women :- (1) No woman shall, notwithstanding anything contained in any other law, be employed- (a) in any part of a mine which is below-ground. (b) In any mine above ground except between the hours 6 am and 7 am. (2) Every woman employed in a mine above ground shall be allowed an interval of not less than eleven hours between the termination of employment on any one day and the commencement of the next period of employment. (3) Notwithstanding anything contained in sub-section(1) the Central Government may, by notification in the official Gazette, very the hours of employment above ground of women in respect of any mine or class or description of mine, so however that no employment of any woman between the hours 10 am and 5 am is permitted thereby. 47. Disputes as to age Rep. By the Mine (Amendment) Act 1959 (62 of 1959), S.28. 48. Register of persons employed:- (1) For every mine there shall be kept in the prescribed form and place Register of all persons employed in the mine showing in respect of each such person – (a) the name of the employee with the name of his father or, of her husband, as the case may be, and such other particulars may be necessary for purpose of identification, (b) the age and sex of the employee; (c) the nature of employment (whether above ground or below ground, and if above ground, whether in opencast working or otherwise) and date of commencement thereof; (d) (e) Such other particulars as may be prescribed, and the relevant entries shall be authenticated by the signature or the thumb impression of the person concerned, (2) The entries in the register prescribed by sub-section(1) shall be such that workers working in accordance there with would not be working in contravention of any of the provisions of this Chapter. (3) No person shall be employed in a mine until the particulars required by sub-section (1) have been recorded in the register in respect of such person and no person shall be employed except during the period of work shown in respect of him in register. (4) For every mine other than a mine which for any special reason to be recorded, is exempted by the Central Government by general or special order, there shall be kept in the prescribed form and place separate registers showing in respect of each person employed in the mine:- (a) below ground (b) above ground in opencast workings, and (c) above ground in other cases :- (i)the name of the employees; (ii)the class or kind of his employment (iii)where work is carried on by a system of relays, the shift to which he belongs and the hours of the shift. (5) The register of persons employed below ground referred to in-sub section (4) shall show at any moment the name of every person who is then present below ground in the mine. (6) No person shall enter any opencast working or any working below ground unless he has been permitted by the manager or is authorised under this Act or any other law to do so.
- 19. CHAPTER – VII LEAVE WITH WAGES 49. Application of Chapter – The provisions of this Chapter shall not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service. Provided that if such award, agreement or contract of service, provides for a longer annual leave with wages than that provided in this Chapter, the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service but leave shall be regulated in accordance with the provisions of section 50 to 56 (both inclusive) with respect of matters not provided for in such award, agreement or contract of service.” 50. Leave defined : For the purposes of this Chapter leave shall not include weekly days of rest or holidays or festivals or other similar occasions whether occurring during or at either end of the period. 51. Calendar year defined : For the purpose of this Chapter a calendar year shall mean the period of twelve months beginning with the first day of January in any year. 52. Annual leave wages :- (1) Every person employed in a mine who has completed a calendar year’s service therein shall be allowed, during the subsequent calendar year leave with wages, calculated – (a) in the case of a person employed below ground, at the rate of one day for every fifteen days of work performed by him, and (b) in any other case, at the rate of one day for every twenty days of work performed by him. (2) A calendar year’s service referred to in sub-section(1) shall be deemed to have completed:- (a) in the case of a person employed below ground in a mine, if he has during the calendar year put in not less than one hundred and ninety attendances at the mine; and (b) in the case of any other person, if he has during the calendar year put in not less than two hundred and forty attendances at the mine. Explanation – For the purpose of this sub-section :- (a) any days of lay-off by agreement or contact or as per missible under the standing order: (b) in the case of a female employee, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed: shall be deemed to be the days on which the employee has worked in mine for the purpose of computation of the attendances but he shall not earn leave for these days.
- 20. (3) A person whose service commences otherwise than on the first day of January shall be entitled to leave with wages in the subsequent calendar year at the rates specified in sub-section(1), if – (a) in the case of a person employed below ground in a mine, he has put in attendances for not less than one half of the total number of days during the remainder of the calendar year: and (b) in any other case, he has put in attendances for not less than two-thirds of the total number of days during the remainder of the calendar year. (4) Any leave not taken by a person to which he is entitled in any one calendar year under sub-section(1) or sub-section(3) shall be added to the leave to be allowed to him under sub-section(1) during the succeeding calendar year. Provided that the total number of days of leave which may be accumulated by any such person shall not at any one time exceed thirty days in all. Provided further than any such person who has applied for leave with wages but has not been given such leave in accordance with sub-section(6) shall be entitled to carry forward the unavailed leave without any limit. (5) Any such person may apply in writing to the manager of the mine not less than fifteen days before the day on which he wishes his leave to begin, for all leave or any portion thereof then allowable to him under sub-section (1), (3) and (4). Provided that the number of times in which leave may be taken during any one calendar year shall not exceed three. (6) An application for such leave made in accordance with sub-section (5) shall not be refused unless the authority empowered to grant the leave is of opinion that owing to the exigencies of the situation the leave should be refused. (7) If a person employed in a mine wants to avail himself of the leave with wages due to him to cover a period of illness he shall be granted such leave even if the application for leave is not made within the time specified in sub-section(5). (8) If the employment of a person employed in a mine is terminated by the owner, agent or manager of the mine before he has taken the entire leave to which he is entitled up to the day of termination of his employment, or if such person having applied for and having not been granted such leave, quits his employment before he has taken the leave, the owner, agent or manager of the mine shall pay him the amount payable under section 53 in respect of the leave not taken and such payment shall be made where the employment of the person is terminated by the owner, agent or manager, before the expiry of the second working day after such termination, and where a person himself quits his employment, on or before the next pay day. (9) The unavailed leave of a person employed in mine shall not be taken into consideration in computing the period of any notice required to be given before the termination of his employment. (10)Where the person employed in a mine is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, he or his heirs or wages in lieu of leave due to him calculated at the rate specified in sub-section (1), if- (a) in the case of a person employed below ground in a mine, he has put in attendance for not less than one-half of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment or superannuation or death, and (b) in any other case, he has put in attendance for not less than two thirds of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment of superannuation or death, and payment of such wages shall be made by the owner, agent or manager of the mine at the rate specified in section 53, where the person is discharged or dismissed from service or quits employment or is superannuated, before the expiry of the second working day after such discharge dismissal, quitting of employment or superannuation, as the case may be and where the person employed dies while in service within a period of two months of his death.”
- 21. Explanation – For the purpose of sub-section (1), and (10), any fracatioin of leave of half day or more, half a day shall be omitted. 53. Wages during leave period :- For the leave allowed to a person employed in a mine under section 52, he shall be paid at a rate equal to the daily average of his total full-time earnings for the days on which he was employed during the month immediately preceeding his leave, exclusive of any overtime wages and bonus but inclusive of any dearness allowance and compensation in cash including such compensation, if any accruing through the free issue of foodgrains and other articles as persons employed in the mine may, for the time being, be entitled to: Provided that if no such average earning are available, then the average shall be computed on the basis of the daily average of the total full time earnings of all persons similarly employed for the same months. 54. Payment in advance in certain cases:- Any person employed in a mine who has been allowed leave for not less than four days shall before his leave begins be paid the wages due for the period of the leave allowed. 55. Mode of recovery of unpaid wages – Any sum required to be paid by the owner, agent or manager of a mine under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the payment of Wages Act. 1936. 56. Power to exempt mines:- Where the Central Government is satisfied that the leave rules applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those provided for in this Chapter it may, by order in writing and subject to such conditions as may be specified therein exempt the mine from all or any of the provisions of the Chapter. CHAPTER – VIII REGULATIONS, RULES AND BYE-LAWS 57. Power of Central Government to make regulations:- The Central Government may, by notification in the official Gazette make regulations consistent with this Act for all or any of the following purposes, namely: (a) for prescribing the qualifications required for appointment as Chief Inspector or Inspector; (b) for prescribing and regulating the duties and powers of the Chief Inspector and of Inspectors in regard to the inspection of mines under this Act; (c) for prescribing the duties of owners, agents and managers of mines and persons acting under them and for prescribing the qualifications 9including age) of agents and managers of mines and of persons acting under them. (d) for requiring facilities to be provided for enabling managers of mines and other persons acting under them to efficiently discharge their duties. (e) for regulating the manager of ascertaining, by examination or otherwise, the qualification of managers of mines and persons acting under them and the granting and renewal of certificates of competency. (f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates. (g) For determining the circumstances in which and the conditions in respect to which it shall be lawful for more mines than one to be under a single manager, or for any mine or mines to be under a manager not having the prescribed qualifications.
- 22. (h) For providing for inquiries to be made under this including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this Act and for the suspension or cancellation of any such certificate and for providing where ever necessary, that the person appointed to hold an 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. (i) For regulating, subject to the provisions of the Indian Explosives Act, 1884, (IV of 1884) and of any rules made thereunder, the strong, conveyance and use of explosive, (j) For prohibiting, restricting or regulating the employment of women in mines or in any class of mines of on particular kind of labour which are attended by danger to the life, safety, or health of such persons and for limiting the weight of any single load that may be carried by any such person; (k) For providing for the safety of the persons employed in a mine, their means of entrance thereinto and exit therefrom the number of shafts or outlets to be furnished; and the fencing of shafts, pits, outlets, pathway and subsidences; (l) For prohibiting the employment in a mine either as manager or in any other specified capacity of any person except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine; (m) For providing for the safety of the roads and working places in mines, including the sitting; maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine; (n) For the inspection of workings and sealed off fire-areas in a mine, and for the restriction of workings in the vicinity of the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public road or building and for requiring due precaution to be taken against the irruption or inrush of water or other matter into, outbreak of fire in or premature collapse of any workings; (o) For providing for the ventilation of mines and the action to be taken in respect of dust fire, and inflammable and noxious gases, including precautions against spontaneous combustion, under ground fire and coal dust; (p) For regulating subject to the provisions of the Indian Electricity Act, 1910(X of 1910) and of any rules made thereunder, the generation, storage, transformation transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines and of all other machinery and plant therein. (q) For regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground; (r) For providing for proper lighting of mines and regulating the use of safety lamps therein and for the search of persons entering a mine in which safety lamps are in use; (s) For providing against explosions or ignitions of inflammable gas or dust or irruption or accumulations of water in mines and against danger arising therefrom and for prohibiting restricting or regulating the extraction of minerals in circumstances likely to result in the premature collapse of workings or to result in or to aggravate collapse of workings or irruption of water or ignitions in mines; (t) For prescribing under clause(g) of sub-section(1) of section 2, the types of accidents and for prescribing the notices of accidents and dangerous occurrences and the notices reports and returns of mineral output; persons employed and other matters provided for by regulations to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished the particulars to be contained in them and the time within which they are to be submitted;
- 23. (u) For requiring owners, agents and managers of mines to have fixed boundaries for the mine, for prescribing the plans and sections and field notes connected therewith to be kept by them and the manager and places in which such plans, section and field notes are to be kept for purposes of record for the submission of copies thereof to the Chief Inspector; and for requiring making of fresh surveys and plans by them and in the event of non- compliance, for having the survey made and plans prepared through and other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue: (v) For regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines for dealing effectively with the situation. (w) For prescribing the form of, and the particulars to be contained in the notice to be given by the owner, agent or manager of a mine under section 16; (x) For prescribing the notice to be given by the owner, agent or manager of mining before mining operations are commenced at or extended to any point within forty-five metres of any railway subject to the provisions of the Indian Railways Act, 1890, (IX of 1890) of any public roads or other works, as the case may be which are maintained by the Government or any local authority. (y) For the protection from injury, in respect of any mine when the workings are discontinued, property vested in the Government or any local authority or railway company as defined in the Indian Railways Act, 1890. (yy) for requiring protective works to be constructed by the owner, agent or manager or a mine before the mine is closed, and in the event of non- compliance, for getting such works executed by any other agency, and for recovering the expenses, thereof from such owner in the same manner as an arrear of land revenue; (z) for providing for the appointment of Courts of Inquiry under quarry, incline, shaft pit or outlet, whether the same is being worked or not or any dangerous or prohibited area, subsidence haulage, tramline or pathway, where such fencing is necessary for the protection of the public; and (zz) any other matter which has to be or may be prescribed 58. Power of Central Government to make rules – The Central Government may, by notification in the official Gazette, make rule consistent with this Act for all or any of the following purposes, namely - (a) for providing the term of office and other conditions of service of and the manner of filling vacancies among, the members of a Committee and for regulating the procedure to be followed by a Committee for transacting its business.” (b) For prescribing the form of the register referred to in sub-section (3) of section 23; (c) For providing for the appointment of Courts of Inquiry under section 24, for regulating the procedure and powers of such Courts for the payment of travelling allowance to the members, and for the recovery of the expenses of such courts including any other expenses connected with the inquiry in the same manner as an area of land revenue from the manager, owner or agent of the mine concerned; (cc) for providing the inspection of mines to be carried out on behalf of the persons employed therein by a technical expert (not less than an overman in status) the facilities therefore, the frequency at which and the manner in which such inspections are to be carried out and the manner in which reports of such inspections are to be made. (d) for requiring the maintenance of the mines wherein any women employed or were employed on any day of the preceding twelve months of suitable rooms to be reserved for the use of children under the age of six years belonging to such women, and for prescribing, either generally or with particular reference to the number of women employed in the mine, the number of standards of such rooms, and the nature and extent of the amenities to be provided and the supervision to be exercised therein;
- 24. (e) for requiring the maintenance at or near pitheads of bathing places equipped with shower baths and of locker rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed and for prescribing either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms. (f) For prescribing the standard of sanitation to be maintained and the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking water. (ff) for providing for the supply and maintenance of medical appliances and comforts and for prescribing the contents and number of first-aid boxes and cupboards, the training in first-aid work, the size and equipment of first-aid rooms and staff in charge thereof and the arrangements for conveyance of injured persons to hospitals or dispensaries; (fff)for requiring the imparting of practical instruction to, or the training of, persons employed or to be employed in mines otherwise than in a position of such instruction and training; (g) for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine and the entry or presence therein of any person in a drunken state; (h) for prescribing the form of notices required under section 36, and for requiring such notices to be posted also in specified languages; (i) for defining the person who shall, for the purpose of section 37, be deemed to be persons holding positions of supervision of management employed in a confidential capacity; (j) for prohibiting the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing the manner and the circumstances in which such certificates may be granted and revoked; (k) (kk) for requiring persons employed or seeking employment at mines to submit themselves for medical examination and for prohibiting on medical grounds the employment of any person at a mine either absolutely or in a particular capacity or in particular work; (l) for prescribing the form of registers required by section 48 and the maintenance and form or registers for the purposes of Chapter VII; (m) for prescribing abstracts of this Act and of the regulations and rules and the language in which the abstracts and bye-laws shall be posted as required by section 61 and 62; (n) for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners; agents and managers of mines and for prescribing the forms of such notices returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times within which they are to be submitted; (o) for requiring the provision and maintenance in mines; wherein more than fifty persons are ordinarily employed, of adequate and suitable shelters for taking food with provisions for drinking water. (p) For requiring the provision and maintenance in any mine specified in this behalf by the Chief Inspector or Inspector wherein more than two hundred and fifty persons are ordinarily employed of a canteen or canteen for the use of such persons; (q) For requiring the employment in every mine wherein five hundred or more persons are ordinarily employed of such number of welfare officers as may be specified and for prescribing the qualifications and the terms and conditions of, and the duties to be performed by, such welfare officers; (r) For requiring the establishment of rescue stations for specified mines or groups of specified mines or for all mines in a specified area and for prescribing how and by whom such stations shall be established; (s) For providing for the management of rescue stations
- 25. (sa)for providing for the standards of physical fitness and other qualifications of the persons constituting rescue brigades; (sb)prescribing the places of residence of the persons constituting rescue brigades; (t) for prescribing the position, equipment, control, maintenance and functions of rescue stations; (u) for providing for the levy and collection of a duty of excise(at) a rate not exceeding twenty five paise per tonne) on coke and coal produced in and despatched from mines specified under clause(r), the creation of a rescue stations fund for such mines, the crediting to such fund of such sums of money as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from out of the proceeds of such cess credited to the Consolidated Fund of India, the manner in which the money from such fund shall be utilised and the administration of such fund; (v) for providing for the formation, training composition and duties of rescue brigades and generally for the conduct of rescue work in mines; (vv) for providing for the constitution of safety Committees for specified mine or groups of specified mines or for all mines in a specified area for promoting safety and for laying down the composition, manner of formation and functions of such safety Committees and, “ (w) generally to provide for any matter not provided for by this Act or the regulations, provision for which is required in order to give effect to this Act. 59. Prior publication of regulations and rules – (1) The power to make regulations and rules conferred by section 57 and 58 is subject to the condition of the regulations and rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, (IX 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 published for general information. (3) (4) no regulation or rule shall be made unless the draft thereof has been referred to the Committee constituted under-sub-section(1) of section 12 and unless that Committee has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions; (5) Regulation and rules shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act. (6) The provisions of sub-section (1), (2) and (4) shall not apply to the first occasion on which rules referred to in clause (d) or clause (e) section 58 are made. (7) 60. Power to make regulations without previous Publications – Notwithstanding anything contained in sub-section (1), (2) and (4) of section 59, regulations under section 57 may be made without previous publication and without reference to the Committee, constituted under sub-section (1) of section 12, of the Central 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 regulation so made shall be send to the said committee for information and shall not remain in force for more than one year from the making thereof. (1) The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye-laws, not being inconsistent with this Act or any regulations or rules for the time being in force, governing the use of any particular machinery or the such adoption of a particular method of working the mine as 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.
- 26. (2) If any such owner, agent or manager – (a) falls to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector or Inspector sufficient, the Chief Inspector or Inspector may – (i) propose a draft of such bye-laws as appear to him to be sufficient, or (ii)propose such amendment in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft or bye-laws or draft amendment to the owner agent or manager as the case may be, for consideration. (3) If within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, agent or manager under the provisions of sub-section(2), the Chief Inspector or Inspector and the owner, agent or manager are unable to agree as to the terms of the bye-laws to be made under sub-section(1) the Chief Inspector or Inspector shall refer the draft bye-laws for settlement to the Committee constituted under sub-section(1) of section 12, (4) (a)When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector or, which they are unable to agree, have been settled by the Committee constituted under sub-section (1) of section 12, a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to the Central Government for approval. (b)The Central Government may make such modification of the draft bye-laws as it thinks fit. (c)Before the Central Government approves the draft bye-laws, whether with or without modifications there shall be published in such manner as the Central Government may think best adopted for informing the persons affected, notice to 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 in writing and shall state – (d)Every objection shall be in writing and shall state – (i) the specific grounds of objections and (ii) the omissions, additions or modifications asked for (e)The Central 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 amendments thereto as it thinks fit. (5)The bye-laws, when so approved by the Central Government shall have effect as if enacted in this Act, and the owner, agent or manager of the mine shall cause a copy of the bye-laws, in English and in such other language or languages 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; as often as the same become defaced obliterated or destroyed, shall cause them to be renewed with all reasonable despatch. (6)The Central Government may, order in writing rescind the whole or in part, any bye- laws so made, and thereupon such bye-laws shall cease to have effect accordingly. 61 A. Laying of regulations, rules and bye-laws before parliament. Every regulation made under section 57, every rule made under section 58 and every bye-law made under section 61d shall be laid as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session aforesaid, both houses agree in making any modification in the regulation, rule or bye-law should not be made, the regulation, rule or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or amendment shall be without prejudice to the
- 27. validity of anything previously done under that regulation, rule or bye-law, as the case may be.” 62. Posting of abstracts from Act, regulations etc. There shall be kept posted up at or near every mine in English and in such other language or languages as may be prescribed, the prescribed abstracts of the Act and of the regulations and rules. CHAPTER – IX PENALTIES AND KPROCEDURE 63. Obstruction – (1) Whoever obstructs the Chief Inspector and inspector or any person authorised under section 8 in the discharge of his duties under this Act. refuses of wilfully neglects to afford the Chief Inspector, 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 of a term which may extend to three months, or with fine which may extend to five hundred rupees, or both. (2) Whoever refuses to produce on the demand of the Chief Inspector or any registers or other documents kept in pursuance of this Act. or prevents or attempts to prevent or does any thing 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 three hundred rupees. 64. Falsification of records – Whoever – (a) counterfoils, or knowingly makes a false statement in any certificate, or any official copy of a certificate, granted under this Act, or (b) knowingly uses as true any such counterfeit or false certificate, or (c) makes or produces or uses any false declaration, statement or evidence knowing the same to be false for the purpose of obtaining for himself or for any other person a certificate or the renewal of a certificate under this Act, or any employment in a mine, or (d) falsifies any plan, section, register or record, the maintenance of which is required by or under this Act or produces before any authority such false plan, section, register or record, knowing the same to be false or; (e) makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both. 65. Use of false certificates of fitness - Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 43 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself under that section, knowingly allows it to be used, or allows an attempt to use it to be made by another person shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 66. Omission to furnish plans etc. Any person who, without reasonable excuse the burden of providing which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan, section return, notice, register; record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to one thousand rupees. 67. Contravention of provisions regarding employment of labour - Whoever, save as permitted by section 38, contravenes any provision of this Act or of any regulation rule, bye-law or of any order made thereunder prohibiting retricting or regulating the employment or presence of persons in or about a mine shall be punishable with imprisonment
- 28. for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 68. Penalty for employment of persons below eighteen years of age- If a person below eighteen years of age is employed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be kpunishable with fine which may extend to five hundred rupees. 69. Failure to appoint manager - Whoever, in contravention of the provisions of section 17, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand and five hundred rupees, or both. 70. Notice of accidents : (1) Whoever in contravention of the provision of sub-section (1) of section 23 fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board referred to in that sub-section and to keep in there for the period specified shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupee or with both. (2) Whoever in contravention of a direction made by the Central Government under sub- section (3) falls to record in the prescribed register to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to three months or with fine which may extend to five hundred rupees, or with both. 71. Owner etc. to report to Chief Inspector in certain cases- Where the owner, agent or manager of a mine, as the case may be, has taken proceeding under this Act against any person employed in or about a mine in respect of an offence under this Act, he shall within twenty-one days from the date of the judgement or order of the court report the result thereof to the Chief Inspector. 72. Obligations of persons employed in a mine – No person employed in a mine shall -- (a) willfully interfere with or misuse any appliance convenience of other thing provided in a mine for the purpose of securing the health, safety or welfare of the person employed therein. (b) willfully and without reasonable cause do any thing likely to endanger himself of others; (c) willfully neglect to make us of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein. 72A. Special provision for contravention of certain regulations - Whoever contravenes any provision of any regulations or of any bye-law or any order made thereunder, relating to matters specified in clauses (d),(I),(m),(n),(o),(p),(r), (s) and (u) of section 7 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both. 72B. Special provision of contravention of order under section 22. Whoever continues to work a mine in contravention of any order issued under sub- section (1A), sub-section (2) or sub-section(3) of section 22 or under sub-section (2) of section 22 shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to two years and shall also be liable to fine which may extend to five thousand rupees. Provided that in the absence of special and adequate reasons to the country to be recorded in writing in the judgement of the court, such fine shall not be less than two thousand rupees. 72C. Special provision for contravention of law with dangerous results-
- 29. (1) Whoever contravenes any provision of the Act or of regulation, rule or bye-law or of any order made under (1A) or sub-section (2) of section (3) of section 22 for under sub- section (2) of section 22A shall be punishable - (a) If such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both, or (b) If such contravention results in serious bodily injury with imprisonment which may extend to one years, or with fine which may extend to three thousand rupees, or with both; or (c) If such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both. Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgement of the court, such fine, in the case of a contravention referred to in clause (a), shall not be less than three thousand rupees. (2) Where a person having been convicted under this section is again convicted thereunder, shall be punishable with double the punishment provided by sub-section (1). (3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgement, 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 of, if an appeal has been presented, before the decision of the appeal. 73. General provision of disobedience of others. Whoever contravenes any provision of this Act or of any regulation, rule or bye-laws or of any order made thereunder for the contravention of which no penalty is herein before provided 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. 74. Enhanced penalty after previous conviction - If any person who has been convicted for an offence punishable under any of the foregoing provisions (other than section 72B and 72C) is again convicted for an offence committed within two years of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the punishment to which he would have been liable for the first contravention of such provision. 75. Prosecution of owner, agent or manager - No prosecution shall be instituted against any owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the District Magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector. Provided that the Chief Inspector or the District Magistrate or the Inspector as so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed to exercise all due diligence to prevent the commission of such offence. Provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager without the approval of the Chief Inspector. 76. Determination of owner in certain cases -
- 30. Where the owner of a mine is firm or other association of individuals, all, or any of the partners or members thereof or where the owner of a mine is a company; all or any of the directors thereof where the owner of a mine is a Government or any local authority, as the case may be, to manage the affair of the mine, may be prosecuted and punished under this Act for any offence for which the owner of a mine is punishable: Provided that where a firm, association or company has given notice in writing to the Chief Inspector that it has nominated - (a) in the case of a firm, any of its partners or managers: (b) in the case of an association, any of its members or managers; (c) in the case of a company any of its directors or managers. Who is resident in each case in any place to which this act extends and who is in each case either in fact in charge of the management or holds the largest number of shares in such firm, association or company, to assume the responsibility of the owner or the mine for the purposes of this Act, such partner, member, director or manager, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the purposes of this Act unless a notice in writing canceling his nomination or stating that he has ceased to be a partner, member, director or manager as the case may be, is received by the Chief Inspector. Explanation :- Where firm, association or company has different establishment or branches or different units in any establishment or branch, different persons may be nominated under this proviso in relation to different establishment or branches or units and the person so nominated shall, with respect only to the establishment, branch or unit in relation to which he has been nominated, deemed to be the owner of the mine. 77. Exemption of owner, agent or manager in certain cases - Where the owner, agent or manager of a mine, accused of an offence under this Act, alleges that another person is the actual offender, he shall be entitled, upon complaint made by him in this behalf and on his furnishing the known address of the actual offender and on giving to the prosecutor not less than three clear days notice in writing of his intention to do so, to have that other persons brought before the court on the date appointed for the hearing of the case; and if after the commission of the offence has been proved, the owner, agent or manager of the mine, as the case may be proves to the satisfaction of the court - (a) that he has used due diligence to enforce the execution of the relevant provisions of this act, and (b) that the owner person committed the offence in question without his knowledge, consent or connivance, the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the owner, agent or manager of the mine and the owner, agent or manager, as the case may be, shall be acquitted, Provided that – (a) the owner, agent or manager of the mine as the case may be, may be examined on oath and his evidence and that of any witness who he calls in support shall be subject to cross examination by or on behalf of the person he alleges as the actual offender and by the prosecutor. (b) If inspite of due diligence the person alleged as the, actual offender cannot be brought before the court on the date appointed for the hearing of the case, the court shall adjourn from the hearing thereof from time to time so however that the total period of such adjournments does not exceed three months, and if by the end of the said period the person alleged as the actual offender cannot be brought before the court, the court shall proceed to hear the case against the owner, agent or manager as the case may be. 78. Power of court to make orders -
- 31. (1) Where the owner, agent or manager of mine is convicted of an offence punishable under this act, the court may in addition to awarding him any punishment by order in writing require him within a period specified in the order which may be extended by the court from time to time on application made in this behalf to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section(1), the owner, agent or manager of the mine, as the case may be, shall not be the liable under this Act in respect of the continuance of the offence during the period or extended period, if any but if on the expiry of such period or extended period the order of the court has not been fully complied with the owner, agent or manager, as the case may be, shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both. 79. Limitation of prosecutions - No court shall take cognizance of any offence under this Act, unless complaint thereof has been made – (i) within six months of the date on which the offence is alleged to have been committed, or (ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, or (iia) In any case in which the accused is or was a public servant and previous sanction of the Central Government or of the State Government or of any other authority is necessary for taking cognizance of the offence under any law for the time being in force, within three months of the date on which such sanction is received by the Chief Inspector; or (iii) in any case where a Court of inquiry has been appointed by the Central Government under section 24, within one year after the date of the publication of the report referred to in sub-section(4) of that section, whichever is later. Explanation - For the purposes of this section – (a) In the case of continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues, (b) Where for the performance of any act time has been extended under this Act, the period of limitation shall be computed from the expiry of the extended period. 80. Cognizance of offences – No court inferior to that of a Metropolitan Magistrate or Judicial 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. 80A. 81. Reference to Committee in lieu of prosecution in certain cases - (1) If the court trying any case instituted at the instance of the Chief Inspector or the District Magistrate or of an Inspector under this Act is of opinion that the case is one which should, in lieu of a prosecution, be referred to a Committee it may stay the criminal proceedings and report the matter to the Central Government with a view to such reference being made. (2) On receipt of a report under sub-section(1) the Central Government may refer the case to a Committee or may direct the court to proceed with the trial. ----------- CHAPTER - X MISCELLANEOUS
- 32. 82. Decision of question whether a mine is under this Act – If any question arises as to whether any excavation or working or premises in or adjacent to and belonging to a mine on which any process arcillary to the getting, dressing or preparation for sale or minerals or of coke is being carried on in a mine within the meaning of this Act, the Central Government may decide the question, and a certificate signed by a Secretary to the Central Government shall be conclusive on the point. 83. Power to exempt from operation of Act. (1) The Central 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 of the provisions of this Act or the regulations, rules or bye-laws; Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 40 and 45 unless it is also exempted from the operation of all the other provisions of this Act. (2) The Central Government may, by general or special order and subject to such restrictions as it may think fit to impose authorise the Chief Inspector or any other authority to exempt, subject to any specified conditions, any mine or part thereof from the operation of any of the provisions of the regulations, rules or bye-laws if the Chief Inspector or such authority is of opinion that the conditions in any mine or part thereof are such as to render compliance with such provision unnecessary or impracticable. 84. Power to alter on rescind any orders - (1) The Central Government may reverse or modify any order passed under this Act. (2) The Chief Inspector may for reasons to be recorded in writing, reverse or modify any order passed by him under this Act or under any regulation, rule or bye-law. (3) No order prejudicial to the owner, agent or manager of a mine shall be made under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation. 85. Application of Act to mines belonging to Government - This Act shall also apply to mines belonging to the Government. 85A. Persons required to give notice etc. legally bound to do so. Every person required to give any notice or to furnish any information to any authority under this Act shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code. (Act 45 of 1860) 85B. Signing of returns, notices etc. – All returns and notices required to be furnished or given or communications sent by or on behalf of the owner of a mine in connection with the provisions of this Act or any regulation, rule, bye-law or any order made thereunder shall be signed by the owner, agent or manager of the mine or by any person to whom power in this behalf has been delegated by the owner by a power of attorney. 85C. No fee or charge to be realised for facilities and conveniences - No fee or charge shall be realised from any person employed in a mine in respect of any protective arrangements or facilities to be provided, or any equipment or appliances to be supplied under the provisions of this Act. 86. Application of certain provision of Act 63 of 1948 to mines - The Central Government may by notification in the official Gazette, direct that the provisions of Chapter III and IV of the Factories Act, 1948 (63 if 1948) shall specified in the notification apply to all mines and the precincts thereof. 87. Protection of action taken in good faith - 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.
- 33. 88. Repeal of Act 4 of 1923 Rep by the Repealing and Amending Act. 1959 (36 of 1957) S.2 and Sch.1. Transitory provision – (1) As from the date of constitution of the Committee under sub-section(1) of section 12 of the principal Act as amended by this Act – (i) any Mining Board constituted under section 12 of the principal Act and functioning as such on the aforesaid date shall stand dissolved; (ii) the Chairman and members of any such Board, who on the aforesaid date are members of that Mining Board shall cease to hold office as such; (iii) all proceedings pending on the aforesaid date in any Mining Board shall stand transferred to the said Committee which shall deal with them as if they had been pending therein, (2) Anything done or any action taken before the aforesaid date by any Mining Board shall, so far as it is not inconsistent with any of the provisions of the Principal Act as amended by this Act be as valid and effective as if it had been done or taken by the Committee. --------------`
- 34. MINISTRY OF LABOUR THE MINES RULES, 1955 1 SRO. 1421 dated 2nd July, 1955 – In exercise of the powers conferred by Section 58 of the Mines Act, 1952 (35 of 1952), the Central Government hereby makes the following rules the same having been previously published as required by sub-section (1) of Section 59 of the Act, namely: CHAPTER - I PRELIMINARY 1. Short title and applications :- (1) These rules may be called the Mines Rules, 1955. (2) Except as otherwise expressly provided, the rules shall apply to every mine of whatever description to which the Act applies. 2. Definitions _ In these rules, unless there is anything repugnant in the subject or context - a) “the Act” means the Mines Act, 1952 (35 of 1952): b) “court of inquiry” means a court of inquiry appointed under section 24 of the Act; c) “Form” means a form as given in the First Schedule; d) “Section” means a section of the Act: e) “Schedule” means a schedule appended to these rules; f) “Manager” includes Mine Superintendent who is appointed by the owner or agent of a mine under section 17 of the Act and as such, responsible for the control, management, supervision and direction of a mine; g) “Certifying surgeon” means a qualified medical practitioner ppointed to be a certifying surgeon under section II; 2 [ * * * * * ] 1. Published in the Gazette of India, 1955, Part II, Section 3, Page 1172 2. Omitted by GSR 1886 dated 25.12.1965 1 [(h)]“Calendar year” means a year from the first day of January to the thirty-first day of December; 2 [(i)] “Officer in-charge Canteen” means the person (other than the manager) whom the owner or agent may appoint for securing compliance with the provisions in respect of canteens. 3 [(j)] “Ordinary employed” with reference to any mine or part thereof, means the average number of persons employed per day in the mine or part of mine during the preceding 4 [calendar year] (obtained by dividing the number of man days worked by the number of working days excluding rest days and other non-working days) 5 [(k)] CHAPTER - II 6 [COMMITTEE] 6 [3. Term of office - The term of office of the members referred to in clause (c), (d) and (e) of sub section (1) of section 12 of the Act, shall be three years from the date on which their appointment is notified in the official Gazette: Provided that a member shall notwithstanding the expiry of a period of three years, continue to hold office until the appointment of his successor is notified in the Official Gazette; Provided further that a member appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is appointed and shall continue to hold office on the expiry of the term of office until the appointment of his successor is notified in the Official Gazette.”]
- 35. 7 [4. Secretary of the Commi ttee - An Inspector of Mines nominated in this behalf by the Chief Inspector shall act as the Secretary to the Committee.] 7 [5. Remuneration - Members of the Committee shall receive such honorarium as the Central Government may fix.] 1. Relettered, ibid 2. Inserted by GSR 316 dated 26.4.1986 3. Renumbered by GSR 316 dated 26.4.1986 4. Substituted by GSR 1786 dated 30.9.1970 5. Omitted, ibid. 6. Substituted by GSR 316 dated 26.4.1986 7. substituted by GSR 316, dated 26.4.1986. 1 [6.* * * * *] 7. Resignation.- (1) A member other than the Chairman may resign the office by writing under his hand addressed to the Chairman . (2) The Chairman may resign his office by writing under his hand addressed to the Central Government. (3) The resignation referred to in sub. rule(1) or sub-rule (2) above shall take effect from the date of its acceptance 2 [or on the expiry of thirty days from the date of receipt of such resignation whichever is earlier] by the Chairman of the Central Government as the case may be. 8. Absence from India - (1) Before a member leaves India (a) he shall intimate to the Chairman the date of his departure from and the date of his expected return to India; and (b) if he intends to be absent from India for a period longer than six months, he shall tender his registration. (2) If any member leaves India without taking the action required by sub -rule (1) he shall be deemed to have resigned with effect from the date of his departure from India. 9. Notification of Vacancies - (1) The Chairman shall inform the Central Government as soon as a vacancy occurs in the membership of the 4 [Committee] by the resignation or death of a member. (2) In case such a vacancy occurs by the death of the Chairman, information shall be furnished to the Central Government by the Chief Inspector or the Inspector 3 [appointed] to the Committee by the Government, as the case may be. 1. Omitted, ibid 2. Inserted by SRO 2062 dated 14.6.1957 3. Substituted by GSR 1886, dated 25.12.1965 4. Substituted by GSR 316 dated 26.4.1986 10. Disposal of business - (1) All questions which the 1 [Committee] is required to consider shall be considered either at its meetings or by circulation of papers as the Chairman may direct: Provided that papers need not be circulated to any member who is absent from India at the time. (2) When a question is referred by circulation of papers, any member may request that the question be considered at a meeting of the 1 [Committee] and thereupon the Chairman may direct that it be so considered: Provided that if three or m ore members make such a request, the Chairman shall direct that it be so considered.
- 36. 11. Time and place of meetings - The 1 [Committee] shall meet at such places and time as may be appointed by the Chairman . 12. Notice of meetings - (1) The Secretary to the 1 [Committee] shall give at least fourteen days’ notice to every member of the 1 [Committee] present in India of the time and place fixed for each meeting and shall send to every such member agenda of business to be disposed off at that meeting, not less than seven days before the meeting : Provided that when an emergent meeting is called, at least two days’ clear notice shall be given. 2 [1A * * * * * *] 3 [(2) Notices referred to in sub-rule(1) shall be delivered at or posted to, the usual place of residence of the member.”] 4 [(3)] No business which is not on the agenda shall be considered at a meeting without the permission of the Chairman. 1. Substituted by GSR 316 dated 26.4.1986 2. Omitted by GSR 316 dated 26.4.1986 3. Inserted, Ibid 4. Renumbered, ibid 13. Presiding at meeting- The Chairman shall preside at every meeting of the (meeting at which he is present. If the Chairman is absent from any meeting, the members present shall elect one of them to preside over the meeting and the member so elected shall at that meeting exercise all the powers of the Chairman . 14. Quorum – No business shall be transacted at a meeting of the 1 [Committee] unless at least four members including are present; Provided that at any meeting in which less than1 [four members including the Chairman] are present, the Chairman may adjourn the meeting to a date not less than fourteen days later and inform the members present and notify other members that he proposes to dispose off the business at the adjourned meeting irrespective of the quorum, and it shall thereupon be lawful to dispose off the business at such adjourned meeting irrespective of the number of members attending. 15. Decision by majority – (1) Every question referred to the 1 [Committee] by circulation of papers shall, unless the Chairman , in pursuance of sub-rule(2) of rule 10 reserves it for consideration at a meeting, be decided in accordance with the opinions of the majority sending their opinions within the time allowed . (2)All questions referred to a meeting of the 1 [Committee] shall be decided by a majority of votes of the members present and voting on that question. (3) In the case of an equal division of votes or opinions, the Chairman shall exercise an additional vote or opinion. (4) Any member disagreeing with a decision of the 1 [Committee] may enter a note of dissent which shall form part of the record of the proceedings. 16. Minutes of the meetings- (1) The Secretary of the 1 [Committee] shall circulate the proceedings of each meeting to all members of the Committee present in India, and thereafter record the proceedings in a minute book which shall be kept for permanent record. 1. Substituted by GSR 316, dated 26.4.1986 (2) The record of proceedings of each meeting shall be signed by the Chairman. 17. Allowances to non-official members- Travelling and daily allowance to non-official members of the 1 [Committee] shall be regulated in accordance with the orders regarding allowances to non- official members of 1 [Committee] Commissions and Boards of Enquiry issued by the Central Government from time to time.
- 37. 18. Correspondence and accounts- The Secretary of the 1 [Committee] shall conduct all correspondence of the Committee and keep its account. 19. Appearance at hearings – Any appearance required to be made by a party before the 1 [Committee] , except for purposes of being examined as a witness ,may be made either in person or by his agent duly authorised in writing, or by a legal practitioner on his behalf. 20. Proceedings to be in camera- Unless the Chairman otherwise directs, the proceedings of the 1 [Committee] shall be conducted in camera and shall be regarded as confidential in nature. CHAPTER – III COURT OF INQUIRY 21. Court of inquiry to be public - The person appointed to hold inquiry under section 24 of the Act shall hold the inquiry in public in such manner and under such conditions as the Court thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Court to make the report. 1. Substituted by GSR 316 dated 26.4.1986 22. Recovery of expenses – 1 [(1) If a court of inquiry finds, that the accident was due to any carelessness or negligence on the part of the management, the court may direct the recovery of the expenses of such court ,including any expenses incurred with the previous sanction of the court and any other expenses connected with the enquiry which the court may direct as recoverable from the owner of the mine concerned, in such manner and within such time as the court may specify.] 2[ (2) The amount directed to be recovered under sub rule(1) may, on application by the Chief Inspector or an Inspector to the concerned authority, be recovered from the owner in the same manner as an arrears of land revenue.] CHAPTER - IV CERTIFYING SURGEONS 23. Powers of Certifying Surgeon - A certifying Surgeon may within the local limits of his jurisdiction or in respect of mines or class or description of mines assigned to him make such inspection, examination or inquiry as he thinks fit for the purpose of the Act ,and it shall be the duty of owner, agent or manager of the mine concerned to afford the Certifying Surgeon all reasonable facilities for carrying out such inspections, examination or inquiry as the case may be. 24. Duties of Certifying Surgeon – 2 [(1) On receipt of a reference under sub section (1) of section 43 of the Act, the certifying surgeon shall, after giving prior notice regarding date, time and place for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the mine concerned after retaining a copy thereof.] 1. Substituted by GSR 1886 dated 26.12.1965 2. Substituted by GSR 316 dated 26.4.1986
- 38. (2)The Certifying Surgeon shall, upon a request being made to him by the Chief Inspector of Inspector, carry out such examination and furnish him with such report as he may indicate in respect of any mine or class or description of mines in which operations involve any risk of injury to the health of any person or class of persons employed therein. 1 [Rules 25 ,26,27 Omitted ] 28. Fresh examination - (1) If any person sent up for medical examination in pursuance 2 [* * *] of section 43 2 [* * *] is not certified to be fit by the Certifying Surgeon, he shall not without the permission in writing of an Inspector, be sent for another medical examination unless a period of six months has elapsed from the time when he was last sent up for medical examination. (2) Any certificate obtained in contravention of sub-rule (1) shall be void. 1 [Rule 29 – omitted] 3 [CHAPTER - IV-A MEDICAL EXAMINATION OF PERSONS EMPLOYED OR TO BE EMPLOYED IN MINES 29A Applicability of this Chapter - Nothing in this Chapter shall apply to persons who are employed purely on temporary or causal basis for a continuous period not exceeding six months. 29B. Initial and periodical medical examinations - After such date or dates as the Central Government may by notification in the Official Gazette appoint in this behalf, the owner, agent or manager of every mine shall make arrangements- 1. Omitted by GSR 316 dated 26.4.1986 2. Omitted by GSR 1886 dated 26.12.1965 3. Inserted by GSR 557(E) dated 16.11.1978 (a)(i) for the initial medical examination of every person employed in the mine, within a period of five years of the date so notified and the said examination shall be so arranged over a period of five years that one fifth of the persons employed at the mine undergo the examination every year; Provided that in the case of a mine where a system of carrying out of such medical examination (of a comparable standard as determined by the Chief Inspector) is already in existence before the date aforesaid, a person who has undergone a medical examination under such a system on a date not earlier than five years before the date aforesaid, shall be deemed to have undergone an initial medical examination under this sub clause and the last date of his medical examination under the said system shall be taken to be the date of his initial medical examination under these rules; (ii) for the initial medical examination of every person seeking employment in a mine, unless such person has already undergone within the preceding five years, a medical examination under these rules while in employment at another mine; and (b) for the periodical medical examination thereafter of every person employed in the mine at intervals of not more than five years. 1 [Provided that for the persons who are engaged in the process of mining or milling of asbestos ,periodic medical examination shall be done at least once in every twelve months and every such examination shall
- 39. include all the tests in Form “P” of the First Schedule except the X- Ray examination, which shall be carried out once in every three years. Provided further that the periodic medical examination or the X Ray examination or both , shall be conducted at more frequent intervals if the examining authority deems it necessary to confirm a suspected case of a dust related dis ease.] 1. Inserted by GSR 707(E) dated 21.7.1989 29C. Examining authorities - The medical examination aforesaid shall be carried out by a Medical Officer appointed for the mine or a Medical Officer in the employment of the owner of the mine, if any, or by any medical officer employed in the Coal Mines Welfare Fund Organisation or any other mines Welfare organisation, failing which by any State or Central Government medical officer not below the rank of an Assistant Civil Surgeon. 29D. Notice of medic al examination - (1) In respect of every medical examination under rule 29B, the manager of the mine concerned shall give at least twenty days’ prior notice in writing to the person to be examined, in Form M, provided that in case of the initial medical examination of a person seeking employment at a mine, the period of notice may be shorter. (2) A copy of every such notice issued shall be sent by the manager to the examining authority and in the case of periodical medical examination of a person, the copies of the previous medical certificate issued in Form O, pertaining to the persons concerned shall also be sent to the examining authority by the manager. (3) A person, who for any reasonable cause, fails to submit himself for a medical examination or in accordance with the notice issued to him under sub-rule(i), shall be given a second notice of a minimum period of ten days in Form N, by the manager and a copy of every such notice shall be sent by the manager to the examining authority. (4) The examining authority shall inform the manager whether the person concerned has submitted himself for medical examination or not. 29E. Failure to undergo medical examination - A person who without reasonable cause, fails to submit himself for medical examination in accordance with a notice issued to him under sub-rule(3) of rule 29D, shall be liable to be discharged from service; Provided that a person who tenders himself so liable to be discharged for failure to submit himself for medical examination shall be required to show cause why he could not comply with the notice within the time specified therein. If his explanation is found satisfactory by the management; he shall be given another chance to appear for medical examination.In case his explanation is not found satisfactory by the management, his service shall be terminated by the management : Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for his decision within 60 days of the order communicated by the owner, agent or manager of the mine to the said person. 29 E . Failure to undergo medical examination .- A person who without reasonable cause ,fails to submit himself for medical examination in accordance with a notice issued to him under sub-rule (3) of rule 29D, shall be liable to be discharged from service; Provided that a person who renders himself so liable to be discharged for failure to submit himself for medical examination shall be required to show cause why he could not comply with the notice within the time specified therein. If his explanation is found satisfactory by the management ;he shall be given another
- 40. chance to appear for medical examination . In case his explanation is not found satisfactory by the management, his service shall be terminated by the management; Provided further that in case of any dispute, the same shall be referred to the Chief Inspector for his decision within 60 days of the order communicated by the owner ,agent or manager of the mine to the said person. 29F. Standard and report of medical examination -(1) The examining authority holding initial medical examination under sub clause(i) of clause (a), or periodical medical examination under clause (b) of rule 29B shall examine a person according to the standard laid down in Form P and the initial medical examination under sub clause (ii) of clause (a) of rule 29B of all persons seeking employment in a mine shall be according to the standard laid down in Form P-I. (2) As soon as may be, after examination, a copy of the medical certificate in Form O, shall be issued by the examining authority to the person concerned by Registered post or delivered under receipt and another copy sent to the manager of the mine concerned by Registered post or delivered under receipt. (3) The examining authority shall retain the third copy of the medical certificate. (4) In the case of periodical medical examination of person, the examining authority shall also send the copy of previous medical certificates of the person concerned received in pursuance of sub-rule(1) of rule 29D, to the manager of the mine concerned. 29G Retention and transfer of medical certificates – (1) All medical certificates 1 [including all medical examination records with medical history and job details to depict the occupational dust exposure profile] of persons employed or to be employed in a mine shall be retained in the possession of the manager of the mine so long as the person is employed in the mine and for a period of 2 [ten] years thereafter: Provided that the manager of a mine where such person is or was employed shall, if so requested by the manager of any other mine where the person is to be employed, send to him all medical certificates with respect to such person. (2) If the examining authority who conducts medical examination of persons employed or to be employed in any mine is relieved of his duties regarding medical examination, the medical practitioner shall transfer all records of medical examination in his possession to the manager of the mine concerned. 29H. Identity of candidates - (1) Every candidate for medical examination under clause (a) of rule 29B shall, at the time of examination, hand over three unmounted photographs (passport size) of himself to the examining authority. The examining authority, after satisfying itself that each photograph is a likeness of the candidate, shall endorse each of them with the name and father’s name or husband’s name of the candidate. (2) The examining authority, shall also record the left hand thumb impression or the signature of every candidate appearing before it for medical examination on the copies of the medical certificate in Form O. 1. Inserted by GSR 707(E) dated 21.7.89 2. Inserted by ibid 29 I. Medical Examination of women - No women shall, without her consent, be medically examined by a male medical practitioner except in the presence of another women. 29J. Appeal for re-examination - (1) Where as a result of an initial medical examination under clause (a), or of periodical medical examination under clause (b) of rule 29B, a person has been declared unfit for employment in mines or in particular category of mines or in any specified operations in mine , he may, within thirty days of the receipt by him of a copy of the Certificate referred to in sub-rule(2) of rule 29F,
- 41. file an appeal with the manager of the mine against the declaration aforesaid, and request for a medical re - examination by an Appellate Medical Board constituted under rule 29K. (2)(a) The manager shall arrange to have the appellant medically re -examined by the Appellate Medical Board within thirty days of the receipt of the Appeal, and shall give to the Appellant fifteen days’ prior notice of the medical re-examination by the Appellate Medical Board in Form Q. (b) A person, who for any reasonable cause, fails to submit himself for a medical re-examination in accordance with the notice given to him under clause (a), shall be given another notice in Form R in similar manner. (c) A person who has, without reasonable cause, fails to submit himself for a medical re -examination in accordance with a notice given to him under clause (b) shall cease to be in employment at the mine or in a particular category of mines or in any specified operations in mine, as the case may be, after the expiry of thirty days from the last date notified for his medical re-examination. (3) In respect of every medical re-examination by the Appellate Medical Board, the appellant shall pay such fees and the medical examination shall be conducted in such manner as may be determined by the Appellate Medical Board. In case the Appellate Medical Board finds him fit for employment in mines, the fees shall be reimbursed in full to the appellant by the owner of the mine where he is employed. 29K. Constitution of Appellate Medical Board - For the purpose of medical re -examination on appeal, the Appellate Medical Board shall consist of the following officers, namely : (a) One duly qualified Medical Officer in the employment of the Directorate General of Mines Safety who shall also act as the Convenor of the Board. (b) One Medical Officer duly qualified in allopathic system of medicine to be nominated by the Chief Inspector in consultant with the Welfare Organisation set up by the Central Government for the persons employed in the mine. (c) One Medical Officer duly qualified in allopathic system of medicine employed in the State or Central Government or a Government undertaking and not below the rank of Assistant Civil Surgeon. Provided that if a Medical Officer under clause (b) or clause (c) is not available, the Appellate Medical Board shall be constituted with two persons only. 29L. Standard and report of medical re-examination by the Appellate Medical Board - The Appellate Medical Board shall medically examine the appellant in accordance with the standard laid down in Form P for initial medical examination of workers already in employment as well as periodical medical examination and in accordance with the standard laid down Form P-I for initial medical examination of the persons to employed and shall issue to the manager of the mine concerned and to the appellant a medical certificate in Form S. 29M. Unfit persons not to be employed - (1) Where, as a result of an initial medical examination made under clause (a), or of a periodical medical examination under clause (b) of rule 29B a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mine, he shall not be employed or continue to employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical examination unless he has filed an appeal under sub rule (1) of rule 29J against the declaration. (2) Where the person concerned has filed an appeal under sub-rule (1) of rule 29J, but has been declared by the Appellate Medical Board, after a medical re-examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in mines, he shall not be employed or continue to be employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical re-examination by the Appellate Medical Board:
- 42. Provided that, if the Medical Officer carrying out the initial medical examination under clause (a), or the periodical examination under clause (b) of rule 29B, or the Appellate Medical Board carrying out the medical re-examination of persons already in employment is of the opinion that the disability of the person examined is of such a nature and degree that it will not seriously affect or interfere with the normal discharge of his duties, it may recommend his continuation in employment in the mine for a period not exceeding six months during which such person may get his disability cured or controlled and submit himself for another medical examination and be declared fit. 29N. Compensation for industrial disease - if as a result of any medical examination under these rules or under the regulations, a person is found to have contacted any disease specified in Part C of Schedule III to the Workmen’s compensation Act. 1923, the provision of section 3 of that Act shall become applicable in respect of that person. 29O. Cost of medical examination - Subject to the provisions of sub-rule(3) of rule 29J full cost of every medical examination under these rules, shall be borne by the owner of the mine concerned. 29P. Annual returns - (1) On or before the 20th day of February every year, the manager of every mine shall submit to the Chief Inspector annual returns in respect of the preceding calendar year in Form T. (2) If a mine is abandoned or working thereof is discontinued over a period exceeding sixty days or if a change occurs in the ownership of a mine, the returns required under sub rule (1) shall be submitted within thirty days of abandonment or change of ownership or within ninety days of discontinuance, as the case may be. 1 [CHAPTER IV B WORKMEN’S INSPECTOR AND SAFETY COMMITTEE 29Q Workmen’s Inspector - (1) (a) For every mine wherein 500 or more persons are ordinarily employed, the owner, agent or manager shall designate three suitably qualified employees of the mine in consultation with the registered trade union in the mine and where there are more than one registered trade unions, the union recognised as per procedure in practice or the most representative union as per the membership records available at that point of time ,and if there are no registered trade unions, in consultation with the elected representative of the workmen, as technical experts, to carry out inspection of the mine on behalf of the workers employed therein, one each for mining operations, electrical installations and mechanical installations. When the number of persons employed in a mine exceeds 1500, the Workmen’s Inspector shall be assisted by one additional Workmen’s Inspector in mining discipline for every additional 1000 persons or part thereof. (b) In every mine, the owner, agent or manager shall constitute in the manner laid down in clause (a), a panel of Workmen’s Inspector who may serve as substitute during absence of regular Workmen’s Inspector. (c) In the panel there shall be at least one Workmen’s Inspector each for mining, electrical and mechanical installations and operations. (2) No person shall act as a Workmen’s Inspector of a mine unless – 1. Inserted by GSR 316 dated 26.4.1986 (a) he possesses an Overman’s or Foreman’s Certificate granted under the Act : Provided that -
- 43. (i) in relation to electrical machinery installed in mines, a person holding a valid Electrical Supervisor’s Certificate of Competency covering mining installations, issued under sub-rule(1) of rule 45 read with clause (ii) of sub-rule (1) of rule 131 of the Indian Electricity Rules, 1956 framed under the Indian Electricity Act ,1910 shall be so designated; and (ii) In relation to other machinery and mechanical appliances installed in mines a person appointed to secure the installation, running and maintenance in safe working order of machinery in the mine, being not less in status than that of an Overman, Mine Foreman or Electrical Supervisor shall be so designated. (b) he has at least five years of experience in mines including at least two years in workings of the mines for which he is nominated,and (c) he has undergone an orientation training course for Workmen’s Inspector consisting of not less than thirty lectures and demonstrations, of not less than two hours’ duration each, in accordance with the syllabus specified by and at a centre approved by the Chief Inspector by a general or special order. (3) The Workmen’s Inspector shall perform the duties mentioned in clause (a) of sub rule (1) of rule 29R for two days in every week; on remaining days of the week, he shall perform his normal duties unless called upon to perform the duties mentioned in clauses(b) and (c) of sub-rule(1) of rule 29R. (4) (a) The owner, agent or manager shall afford the Workmen’s Inspector all reasonable facilities for making any entry, inspection, measurement, examination or inquiry in connection with his duties . (b) An official of the mine shall accompany the Workmen’s Inspector during his inspection. (c) The Workmen’s Inspector may carry out his inspection at any time. (5) When there occurs an accident or dangerous occurrence in or about a mine , the owner, agent or manager shall forthwith inform the concerned Workmen’s Inspector about the accident or the occurrence. (6) The Workmen’s Inspector shall not exercise his powers to impede or obstruct the working of the mine. (7) A Workmen’s Inspector nominated under sub-rule(1) shall, unless he resigns from his office, hold office for a period of three years from the date of his nomination and shall be eligible for one re- nomination. (8) No owner, agent or manager shall take any action against a Workmen’s Inspector for any of his actions in the discharge of his duties and functions laid down in these rules. 29R. Duties of Workmen’s Inspector - (1) The duties of the Workmen’s Inspector shall be - (a) to inspect all shafts, inclines, roads, workplaces and the equipment thereat including the equipment for conveyance and transport of workers; (b) in case of any urgent and immediate danger that comes to his notice ; i) to inform the manager and the Inspector about the same; and ii) to suggest remedial measures necessary to avoid the danger ; and (c) to accompany the Inspector in the course of complete inspection of the mine and also during such other inspections as may be considered necessary by the Inspector. (2) The Workmen’s Inspector shall record a full report of the matters ascertained as a result of his inspection in an interleaved paged and bound register kept for the purpose in the mine in Form U. The
- 44. Workmen’s Inspector making the entry in the register aforesaid shall duly sign such entries with date and take a copy of the entries for his record. 29S. Action on the report of Workmen’s Inspector - (1) The owner, agent or manager of the mine shall enter in the register mentioned in sub-rule (2) of rule 29R, within a period of 15 days from the date of entry in the register, remarks thereon showing the remedial measures taken and the date on which such action was taken. (2) In case of any difference of opinion between the Workmen’s Inspector and the owner, agent or manager, a copy of the report with remarks thereon regarding such difference of opinion shall be sent by the owner, agent or manager to the Chief Inspector or an Inspector for decision. 29T Safety Committee - For every mine wherein more than 100 persons are ordinarily employed, the owner, agent or manager shall constitute a Safety Committee for promoting Safety in the mine; Provided that the Chief Inspector or an Inspector may by a general or special order in writing require the owner, agent or manager of any group of specified mines or of all mines in a specified area to constitute a group Safety Committee in such manner and subject to such conditions as he may specify in the order. 29U Composition of Safety Committee _ The Safety Committee shall consist of :- (a) the manager who shall be the Chairman ; (b) five officials or competent persons of the mine nominated by the Chairman ; (c) five workmen nominated by the workmen of the mine in accordance with the procedure prescribed in clause (a) of sub-rule(1) of rule 29Q for nomination of Workmen’s Inspector; (d) Workmen’s Inspector where so designated; and (e) the Safety Officer, or where there is no Safety Officer, the senior most mine official next to the manager, who shall act as Secretary to the Committee; Provided that any other official, competent person or work person may be co-opted by the Chairman as a member of the Committee on any day or days of the meeting, if considered necessary. 29V. Functions of Safety Committee - The functions of the Committee shall be- (1) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in the reports of Workmen’s Inspector or otherwise brought to the notice of the Committee and make appropriate recommendations; (2) to consider, before commencement of operations in any new district of mine or commissioning of new electrical or m echanical installation or introduction of new mining technique, the proposed Safety and health measures including related codes of practice and to make appropriate recommendations; (3) to discuss the report of inquiry into accident and make appropriate recommendations; (4) to formulate and implement appropriate Safety campaign based on analysis of accidents; (5) to meet at least once in 30 days to consider the matter placed before it and any other matter that may be raised by the members and make such recommendations as it may deem fit; and (6) to serve as a forum for communication on Safety and occupational health matters. 29W Implementation of recommendations of the Safety Committee - The owner, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee, shall indicate to the Secretary to the Safety Committee, the action taken to implement the recommendations.]
- 45. CHAPTER -V HEALTH AND SANITATION PROVISIONS 30. Quantity of drinking water - (1) The quantity of drinking water to be provided in a mine or any part thereof shall be on a scale of at least two litres for every person employed at any one time and such drinking water shall be readily available at conveniently accessible points during the whole of the working shift. (2) Where 100 persons or more are employed, either above ground or in opencast workings, at any one time, an Inspector may by order in writing require the drinking water to be effectively cooled by mechanical or other means available. (3) No charge shall be made for the drinking water so supplied. 31. Storage of drinking water – 1 [(1) If drinking water is not provided from taps connected with constant water- supply system, it shall be kept cool in suitable vessels sheltered from whether and such vessels shall be emptied, cleaned and refilled very day. Steps shall be taken to preserve the water, the storage vessels and the vessels used for drinking water in a clean and hygienic condition.] (2) If the source of drinking water is not from a public water supply system, an Inspector may by order in writing require the owner, agent or manager of the mine to submit with the least possible delay a certificate from a competent health authority or analyst as to the fitness of the water for human consumption. 32. Decision of Chief Inspector final - If any question arises as to whether water supply arrangements are satisfactory and in accordance with the requirements of section 19 and rules 30 and 31, the decision of the Chief Inspector shall be final. 1. Substituted by GSR 1786 dated 30.9.1970 33. Surface latrines and urinals. - (1) On the surface at every mine, adequate latrine and urinal accommodation shall be provided at conveniently accessible places separately for the use of males and females employed in the min e. (2) The scale of latrine accommodation shall be at least one seat for every 50 males and at least one seat for every 50 females employed at one time; Provided that where sanitary latrines are maintained in bathing places, the number of latrines to be provided under this rule may include such sanitary latrines. Note – In calculating latrine accommodation, any fraction less than 50 shall be reckoned as 50. 34. Standards of constructions .- Every latrine on the surface provided for the use of persons employed in a mine shall conform to the following standards of construction : a) It shall be on a site approved of in writing by an Inspector , b) It shall be built of brick or other suitable building material , c) It shall be adequately drained and properly ventilated and afforded effective protection from the weather, d) It shall be of a type approved of in writing by a Inspector , e) the floor and any interior surface of walls up to a height of 1 [1.25 metres] shall be cement punned or otherwise so finished as to provide a smooth impervious surface ,
- 46. f) It shall be partitioned off so as to secure privacy and shall have a proper door and fastenings, and where a latrine intended for the use of one sex adjoins a latrine intended for the use of other sex, the approaches shall be separate, g) where a latrine is of the service type, the service chamber shall be provided with an efficient trap door and the receptacle for night-soil shall be of galvanised iron , 1. Substituted by GSR 31 dated 29.12.1960 h) the interior walls, ceilings and partitions shall be white-washed once at least in very four months, and the dare of such white-washing shall be recorded in a book kept at the mine for the purpose; Provided that this requirement regarding white-washing shall not apply to those parts of walls, ceilings or partitions which are laid in glazed tiles or otherwise finished so as to provide a smooth polished and impervious surface but all these parts shall be washed with suitable detergents and disinfectants at least once in every seven days. 35. Sign-boards to be displayed - Where persons of both sexes are employed, there shall be displayed outside each latrine a signboard in the language understood by the majority of workpersons “For Males” or “For Females” as the case may be. Each sign board shall also have the figure of a man or a women as the case may be. 36.Provision of water for washing etc. - (1) Where a piped water supply is available, a sufficient number of water taps, conveniently accessible, shall be provided in or near such latrines. (2) If piped water supply is not available, a sufficient quantity of water shall be kept stored in suitable receptacles near latrines. 37. Underground latrines - If in any mine more than fifty persons are employed underground at any one time, latrines shall be provided underground on a scale approved by an Inspector at convenient points near the working shafts and at entrances to the districts or sections of the mine. The latrines shall be of a type approved of in writing by an Inspector. 38. Sanitation- (1) At every mine all underground working places and travelling roadways shall be kept clean from excreta. (2) All latrines and urinals in or about a mine shall be kept in a clean and sanitary condition. (3) Receptacles for night-soil shall be cleaned and disinfected at least once in every day. (4) Proper arrangements shall be made on the surface for the disposal of night-soil and urine. Such arrangements shall comply with the requirements of any health authority or Mines Board within whose jurisdiction the mine is situated. 39. Obligation of workpersons-(1) No person shall want only misuse or damage the latrines provided either on the surface or underground. (2) No person shall pollute the underground working of a mine with excreta. All persons employed underground shall acquaint themselves with the sanitary arrangements provided from time to time in the section of the mine in which they have to work or pass. CHAPTER - VI FIRST-AID AND MEDICAL APPLIANCES
- 47. 1 [40. Arrangements for training persons in first-aid etc.-(1) It shall be the duty of the owner, agent or manager of a mine to see that adequate and suitable arrangements are made for the training of persons in first-aid and the provision of such equipment as is prescribed in these rules. (2) (a) It shall be the duty of the owner, agent or manager to see that adequate and suitable arrangements are made for the speedy removal from the mine to a dispensary or hospital ,of persons employed in the mine who while on duty suffers from serious bodily injury or illness of a serious nature. (b) Unless otherwise approved by an order in writing of the Chief Inspector or an Inspector and subject to such conditions as may be specified therein, the arrangements for the purpose of clause(a) shall be by means of a proper ambulance van, and in case such ambulance van is not readily available in spite of proper and timely requisition, it may be by other suitable motor vehicle in which the person can be taken in a supine condition on a stretcher.) 1. Substituted by GSR 1786 dated 30.9.1970 41. First-aid qualifications - No person other than qualified nurse, dresser, compounder-cum-dresser or medical practitioner shall be appointed to render first-aid ,or to be in charge of a first-aid station referred to in rule 44,unless he is the holder of a valid first-aid certificate of the standard of St. John’s Ambulance Association (India). 1 [42. First aid personnel - (1) The owner, agent or manager of a mine shall see that every first-aid station provided under rule 44 is placed, during every working shift ,in charge of a person holding qualifications specified in rule 41. The persons in charge of a first aid station in any shift should be readily available throughout the shift. (2) The name and designation of every person appointed to be in charge of a first -aid station shall be prominently ,displayed at every first-aid station. (3) An up-to-date list of persons appointed to be in charge of first-aid stations in the mine shall be kept in the office of the mine and also displayed prominently at the first-aid room.] 43. 2 [First-aid] rooms (1) At every mine employing more than 150 persons on any one day of the preceding calendar year, there shall be provided and maintained in good order a suitable first-aid room. 3 [(2) The first-aid room shall be situated at a convenient place on the surface of the mine and shall be used only for first-aid work.] (3) The 4 [first-aid] room shall have a floor space of not less than 10 square metres and shall contain at least the equipment specified in the Second Schedule 5 [(4)(a) The first-aid room shall be in charge of a qualified medical practitioner, where the number of persons ordinarily employed in a mine is more than 1000, such medical practitioner shall be a whole time employee at the mine. 1. Substituted by GSR 1886 dated 26.12.1965. 2. Substituted by GSR 239 dt. 3.2.1965 3. Inserted, ibid. 4. Substituted by GSR 31 dt. 29.12.1960. 5. Substituted by GSR 1786 dt. 30.9.1970 (b) The medical practitioner referred to in clause (a) shall be assisted by a nurse and a dresser or a compounder and a dresser who are qualified in the Allopathic system of medicine. Whenever the Chief Inspector feels it necessary, he may require by an order in writing that such number of additional nurse or compounders or dressers shall be appointed to assist the medical practitioner as may be specified by him.
- 48. (c) The nurse, compounder or dresser referred to in clause (b) shall be whole time employee of the mine and shall be readily available at the first-aid room throughout the period when persons work at the mine : Provided that wherein conformity with any other law inforce, or otherwise an adequately equipped hospital or dispensary belonging to the owner of the mine or to any Mines Welfare Organisation is provided and maintained at or in the immediate vicinity of the mine, the Chief Inspector or an Inspector authorised by him in this behalf may grant exemption from the provision of this sub-rule subject to such conditions as he may specify in writing. (5) Every person who suffers an injury during the course of work shall report for examination or treatment at the first aid room, hospital or dispensary, as the case may be, before leaving the mine, irrespective of first-aid having been rendered at or near the place of work. 1 [44. First aid stations.-(1) At every mine there shall be provided and maintained first-aid equipment as prescribed in the Third Schedule, at conveniently accessible stations where injured persons may receive first-aid treatment, as follows : (a) above ground, a first- aid station – (i) at the top of every shaft or incline where men or material are normally wound or hauled; (ii) in every workshop; 1. Substituted by GSR 1886 dated 25.12.1965 (iii) at every screening plant and loading place; and (iv) at every other place where more than 50 persons are employed at any one time. (b) In every opencast working, one first-aid station for every 50 persons or part thereof, employed at any one time; and (c) below ground, one first-aid station - i) at the bottom of every shaft where men or material are normally wound, and at or near every plant; ii) near the drive end of every haulage; iii) in or at the entrance to every district or section of the mine; Provided that nothing in this sub-rule shall be construed to require the provision of a first- aid station within 300 metres of another first-aid station. (2) It shall be the duty of the persons appointed to be in charge of a first-aid station under rule 42, to see that the equipment provided at the station is kept in good order and that it is replenished whenever necessary. (3) An up-to-date list of all first-aid stations provided in the mine shall be kept in the office of the mine and also displayed prominently at the first-aid room.] 1 [45. Carrying of first-aid outfit by officials._ Not with standing anything contained in rule 42, every Overman, foreman, sirdar, mate, shot-firer, blaster, electrician and mechanic in a mine shall hold the first- aid qualifications specified in rule 41 and shall carry, while on duty, a first-aid outfit consisting of one large sterilised dressing, one sma ll sterilised dressing and an ampoule of tincture of iodine or other suitable antiseptic, and such outfit shall be securely packed to protect it against dirt and water.] 1. Substituted by GSR 1886 dated 25.12.1965
- 49. 1 [45.A Medical attention in case of injury - (1) Every person receiving an injury in the course of his duty shall, as soon as possible, report the same to an official. Where the person receiving an injury is not in a position to report the same to an official, it shall be the duty of the person who first comes to know of it to report the same to an official. The official shall make such arrangements for rendering first aid to the injured as may be required. If in the opinion of the official the injury is of such a nature as to require immediate attention by the medical practitioner he shall arrange for the medical practitioner to be called. (2) If an official who is required to carry a first-aid outfit under rule 45 receives information about injury to a work person, he shall himself attend to the injured person. (3) It shall be the duty of the person in charge of the nearest first-aid station provided under rule 44 to render such first-aid to the injured person as may be necessary. CHAPTER - VII EMPLOYMENT OF PERSONS 46. Persons holding positions of sup ervision or management etc. - For the purpose of Section 37, the following shall be deemed to be persons holding position of supervision or management or employed in a confidential capacity - 2 [(a) manager, undermanager, underground manager, assistant manager, ventilation officer and Safety officer;] (b) mining, electrical and mechanical engineer ; 2 [(c) overman, foreman, sirdar and mate ;] (d) mechanical and electrical foreman and electrical supervisor ; (e) surveyor and assistant surveyor; (f) medical officer, chemist, assayer, metallurgist and welfare or personnel officer 3 [ * * * ] 4 [(g)] any other person who in the opinion of the Chief Inspector holds a position of supervision or management. 1. Inserted by GSR 1786 dated 30.9.1970 2. Substituted by GSR 1886 dated 25.12.1965 3. Omitted by GSR 312 dated 15.1.1957 4. Relettered, ibid 47. Weekly day of rest – (1) For the purpose of sections 28 and 29, a day of rest for any person shall mean period of rest of at least 24 consecutive hours. (2) There shall be posted up in a conspicuous place out side the office of every mine a notice showing the weekly day or rest. Where the weekly day of rest is not the same day for all persons employed in the mine, the notice shall show the day of rest allowed to each relay, or set of persons or individual. 48. Notice regarding hours of work - (1) The notices of hours of work referred to in sub-section (1) of section 36 shall be maintained in Form A. (2) In addition to the particulars specified in sub-section(1) and (3) of section 36, the notice shall also show the particulars of the system in which periodical changes of shifts are made for all or each set of persons employed in the mine. (3) A copy of the notice shall be affixed on the first page in the registers maintained in Forms B,C,D and E. 49. Compensatory days of rest – (1) The compensatory days of rest to be allowed under sub-section (1) of section 29 shall be so spaced that in any one week not more than two such days shall be allowed to any one person.
- 50. (2) On or before the last day of every month, there shall be displayed on a notice board outside the office of the mine a list of all persons who have not been allowed compensatory days of rest during that month, and the dates on which compensatory days of rest will be allowed to them in the following two months. (3) In the event of a person being discharged or dismissed, such number of compensatory days as are due to him shall not be reckoned as part of any period of notice to which he is entitled under any rule, award, agreement or contract of service, and he shall be allowed all such compensatory days of rest before the date of his discharge or dismissal. (4) There shall be maintained at every mine a register of compensatory days of rest in Form F. 50. Exemption from hours and limitation of employment - For the purpose of section 39 of the Act, male adults employed in a mine on any work specified in column 1 of the Fourth Schedule shall be exempted from the provisions of the sections of the Act specified in column 2, subject to such conditions as are specified in column 3. 1 [51. Termination of employment - When the employment of a person in a mine is terminated, whether by way of dismissal, discharge or otherwise, or where such person leaves the employment, the date of such termination or leaving shall be entered against his name in the register maintained in Form B.] 2 [52. Employment of apprentices and trainees - No apprentice or trainee of the age of sixteen to eighteen years shall be employed in a mine except under immediate supervision of a competent person and no such apprentice or trainee shall be employed in a mine- (a) in any work which is unduly arduous ; or (b) in close proximity to any machinery involving risk of injury from any moving part of the machines; or (c) at any place where the dust produced in mining operations is known to constitute a hazard to health .] CHAPTER - VIII LEAVE WITH WAGES AND OVERTIME 53. Register of leave with wages – 1 [(1) The owner, agent or manager of every mine shall maintain in respect of every employee thereof a record of leave with wages in Form G and H; 1. Substituted by GSR 1886 dated 25.12.1965 2. Substituted by GSR 316 dated 26.4.1986 Provided that if the Chief Inspector or an Inspector is of opinion that any muster roll or register maintained in accordance with any other rules for the time being in force contains all the particulars required for the observance of the provisions contained in Chapter VII of the Act, he may, by order in writing, permit the maintenance of such muster roll or register in place of the registers in forms G and H ; Provided further that in the case of a mine exempted under section 56, the Chief Inspector or an Inspector may permit the maintenance or records of leave with wages in such manner as he may approve by order in writing.] (2) The register mentioned in sub- rule (1) shall be preserved for a period of two years after the last entry in them has been made and shall not be destroyed even after the expiry of that period unless it has been certified by an Inspector that the leave account therein has been properly transferred to the new registers. 1 [54. Information regarding leave with wages - On or before the 20th day of February every year the owner, agent or manager of a mine shall exhibit on the notice board at the office of the mine information
- 51. regarding leave with wages due to each person employed in the calculated upto the 1st January of that year giving the particulars specified in Form L.] 2 [55. * * *] 56. Payment of leave wages due if a person dies- In the event of any person entitled to leave with wages, shall accrue to his legal heirs or nominee as the case may be. 2 [ * * *] 1. Inserted by GSR 1786 dated 30.9.1970 2. Omitted by GSR 1886 dated 25.12.1965 59. Overtime register - The register required by sub-section (4) of section 33 shall be ma intained in Form I. 60. Extra Wages for overtime - (1) For the purpose of section 33, overtime shall be paid at the end of each wage –period.1 [* * *] 2 [(2)] In calculating overtime on any day, a fraction of an hour less than 30 minutes shall be ignored and a fraction of 30 minutes or more shall be counted as one hour. 3 [(3)]In calculating the ordinary rate of wages or earnings in the case of a person paid by the month, the daily wages shall be 1/26th of his monthly rate of wages; and in the case of any other person it shall be the ordinary rate of his daily wages or earnings as the case may be. 61. Cases of exemption under section 56 - (1) Where an exemption is granted under section 56, the manager shall display at the main entrance of the mine, a notice giving full details of the system established in the mine for leave with wages and shall send a copy of it to the Inspector. (2) No alternation shall be made in the scheme approved by the Central Government at the time o granting exemption under section 56 without its previous sanction. CHAPTER - IX WELFARE AMENITIES 4 [62. Provision of shelters - At every mine where more than 50 persons are ordinarily employed, there shall be provided adequate and suitable shelters at or near loading wharves, opencast workings, workshops and mine entrances where 25 or more persons are ordinarily employed for taking food and rest ; Provided that any canteen maintained in accordance with these rules may be regarded as part of the requirements of this rule.] 1. Omitted by GSR 1886 dated 25.12.1965 2. Renumbered, ibid 3. Renumbered, ibid 4. Substituted, ibid 63. Standards of Shelters - Every shelter shall – (a) have a floor area of not less than 14 square metres; and 1 [(i) in the case of flat roof a height of not less than 2.5 metres to the lowest part of the roof; and (ii) where the roof is a sloping one, a height of not less than 1.8 metres to the lowest part of the roof and of not less than 2.5 metres to the highest part of the roof;] (b) be so constructed as to afford effective protection form the weather;
- 52. (c) be constantly provided with adequate supply of cool and wholesome drinking water during the working hours of the mine ;and (d) be kept in a clean and tidy condition. 2 [64. Provision of Canteens - (1) At every mine where in more than 250 persons are ordinarily employed, if the Chief Inspector or an Inspector so requires, there shall be provided and maintained in or adjacent to the precincts of the mine, a canteen for the use of all persons employed ; Provided that where the conditions at any mine so require ,the Chief Inspector or an Inspector may direct that other suitable arrangements approved by him for serving food, drink and other items to the persons employed be provided and maintained in addition to the canteen required under this sub-rule. (2) If any case, the Chief Inspector or Inspection is satisfied that no inconvenience will be caused to the employees concerned if a single canteen is provided to serve neighbouring mines, he may by an order in writing and subject to such conditions as he may specify therein, authorise the owners, agents or managers of such mines to provide jointly a single canteen.] 1. Substituted by GSR 31 dated 29.12.1960 2. Substituted by GSR 1786 dated 30.9.1970 65. Standards of canteen – 1 [(1)] Every canteen shall- (a) be constructed in accordance with plans and specifications approved by the Chief Inspector or an Inspector ; (b) be situated not less than 2 [15 metres] from any latrine, urinal, boiler house, engine room, coal heap, ash heap or heap of other material and any other source of dust or smoke; (c) be sufficiently lighted during all hours when open for use ; (d) be provided with a washing place for females, suitably separated or screened to secure privacy ; (e) be white-washed or colour washed inside the rooms and passages at least once a year, and woodwork and structural iron or steel work shall be varnished or painted at least once every three years ; Provided that the inside walls of the kitchen shall be white washed or colour-washed once every four months. (f) be provided with receptacles for garbage and have drains to carry away waste water. 3 [(2) The canteen or any part thereof shall not be used or allowed to be used for any other purpose which tends to interfere with the normal or efficient functioning of the canteen.] 66. Furniture and equipment. In every canteen there shall be provided and maintained - (a) sufficient furniture, utensils and other equipment necessary for its efficient operations ; (b) an adequate supply of cool and wholesome drinking water ; (c) suitable clean clothes for persons cooking and serving food, drink etc. 1. Renumbered by GSR 1786 dated 17.10.1970 2. Substituted by GSR 31 dated 29.12.1960 3. Inserted by GSR 1786 dated 30.9.1970 67. Cleanliness - (1) The canteen and its precincts shall be kept in a sanitary condition.
- 53. (2) An adequate supply of hot water shall be provided for cleansing utensils and equipment; and all furniture, utensils and other equipment shall be kept clean and in a hygienic condition. 1 [68. Maintenance of canteens and provisions of staff (1) Every canteen provided under these rules shall be run by the owner, agent or 2 [officer in-charge canteen] thereof who shall appoint supervisory and other staff sufficient for the proper working of the canteen. (2) Notwithstanding anything contained in sub-rule (1), where the workers offer to run the canteen themselves and for this purpose organise a co-operative society, they shall be permitted to do so with financial assistance from the management.] 3 [(3) In every such canteen, such food, drink or other articles shall be made available as may be recommended by the Canteen Managing Committee appointed under rule 69.] 69. Canteen Managing Committee - (1) The owner, agent or the officer in charge canteen shall appoint a Canteen Managing Committee which shall be consulted from time to time, but not less than once a month, as to the management and working of the canteen . (2) (a) The Committee Shall consist of an equal number of members nominated by the owner, agent ‘or 2 [officer in-charge canteen] and elected by the persons employed in the mine. The number of elected members shall be on a scale of one for every 1000 persons employed, provided that the number shall not be more than 5 or less than 2. (b) The term of office of the elected members shall be two years commencing from the date of the last election, no account being taken of a bye-election. 1. Substituted by GSR 1886 dated 25.12.1965 2. Substituted by GSr 316 dated 26.4.1986 3. Inserted by GSR 1786 dated 17.10.1970 (c) The owner, agent or 1 [officer-in-charge canteen] shall determine the procedure for and supervise the elections to the Committee. (3) The owner, agent or 1 [officer-in-charge canteen] shall appoint either himself or his nominee as ex- officio Chairman of the Committee; and the Chairman shall preside at every meeting of the Committee. (4) The proceedings of every meeting of the Committee shall be recorded in a minute book and shall be signed by the Chairman. 70. Prices to be Charged - Food ,drink and other items served in a canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of the Canteen Managing Committee. A list of approved prices shall be conspicuously displayed in the canteen in English, Hindi and in the language of the district in which the mine is situated. 2 [Explanation - In calculating the cost of food, drink and other items served in a canteen, expenditure on the following items shall not be taken into account: (a) the cost of utensils, including cooking vessels and utensils necessary to serve food to the workmen ; (b) the cost of furniture ; (c) the cost of fuel and electricity ; and (d) the salaries of supervisory and other staff.] 71. Accounts - Proper accounts pertaining to the canteen shall be maintained. Such accounts shall be audited once every twelve months by a 3 [chartered accountant] or auditor, and a balance sheet shall be
- 54. submitted to the Canteen Managing Committee not later then two months after the date of closing of the accounts; 1. Substituted by GSR 316 dated 26.4.1986 2. Inserted by GSR 1886 dated 25.12.1965 3. Substituted by SRO 3744 dated 16.11.1957 1 [Provided that the accounts pertaining to the canteen in a mine owned and worked by Government having its own Accounts Department may be audited by such Department.] 72. Welfare Officer – 2 [(1) For every mine wherein 500 or more persons are 3 [ordinarily employed] the owner, agent or manager shall appoint a suitably qualified person as Welfare Officer, and where the number of persons so employed in a mine exceeds 2500 ,such Welfare Officer shall be assisted by one suitably qualified additional Welfare Officer for every additional 2000 persons or part thereof employed.] (2) No person shall act as a Welfare Officer of a mine unless he possesses- (a) a university degree ; (b) a degree or diploma in social science, 4 [or social work] or labour welfare recognised by the Government for the purpose of this rule, and preferably practical experience of handling labour problems in any industrial undertaking for atleast three years; and (c) a knowledge of the language of the district in which the mine is situated or the language understood by the majority of persons employed in the mine; Provided that in case of a person already in service as a Welfare Officer in a mine, the above qualifications may, with the approval of the Chief Inspector, be relaxed. 5 [2A) Notwithstanding anything contained in sub-rule (2), the Labour Officers included in the Central Pool under the provisions of the Labour Officers (Central Pool) Recruitment and conditions of Service Rules, 1951, shall be eligible for appointment as a Welfare Officer in a mine.] 1. Inserted, ibid. 2. Substituted by GSR 607 dated 16.5.1959 3. Substituted by GSR 1886 dated 25.12.1965 4. Inserted, ibid. 5. Inserted by GSR 966 dated 17.5.1968 (3) Where by reason of temporary absence, illness or any other similar cause, the Welfare Officer is unable to perform his duties, the owner, agent or manager shall authorise in writing person whom he considers competent, to act in his place ; Provided that no such authority shall have effect for a period in excess of 30 days except with the previous consent of the Chief Inspector. 1 [(4) A written notice of every appointment, authorisation, discharge, dismissal, resignation or termination of service of every Welfare Officer and of the date thereof shall be sent by the owner, agent or manager to the Chief Inspector within seven days from the date of such appointment, authorisation. discharge, dismissal, resignation or termination of service.] 2 [(5) The post of Welfare Officer shall be advertised in a Newspaper having a wide circulation in the State.] 73. Duties of Welfare Officer – 3 [(1)] The duties of Welfare Officer shall be -
- 55. (i) to establish contacts and hold consultations with a view maintain harmonious relations between the management and persons employedin the mine ; (ii) to bring to the notice of the management the grievances of employees, individual as well as collective, with a view to securing their expeditious redressal ; (iii) to promote relations between management and employees, which will ensure productive efficiency as well as amelioration in the working conditions, and to help workers to adjust and adapt themselves to their working environments ; (iv) to assist in the formation of Work and Joint Production Committees, Co -operative Societies and Safety First and Welfare Committees and to supervise their work ; 1. Substituted by GSR 1886, dated 14.12.1965 2. Inserted by GSR 607 dated 16.5.1959 3. Renumbered, ibid (v) to help the management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of applications for grant of leave for regulating authorised absence. (vi) to advise on welfare provisions such as housing facilities, food-stuffs, social and recreational facilities, sanitation, individual personnel problems and education of children; (vii) to supervise welfare activities, statutory or other wise including education and training of employees; (viii) to suggest measures which will tend to raise standard of living of workers and in general promote their being ; and (ix) to perform any other duty connected with the welfare of the persons employed in the mine. 1 [(2) Notwithstanding anything contained in sub-rule(1), no Welfare Officer shall deal with any disciplinary case again a person employed in a mine, or appear before a Conciliation Officer, Court or Tribunal on behalf of the management of a mine against a person or persons employed in the mine, except when he is required by the Conciliation Officer, Court or Tribunal to appear as an independent witness ; Provided that nothing in this sub-rule shall be deemed prohibit a person employed in a mine from approaching the Welfare Officer in respect of a grievance arising out of any case of disciplinary action against him. 2 [3 (3)] Every Welfare Officer shall keep a record of his day to day work and shall at the end of every year forward to the Chief Inspector through the manager of the mine, concerned summary of the report of his work during the year. 74. Conditions of service - (1) A Welfare Officer shall be given appropriate status corresponding to the status of the other executive heads of the mine. 1. Inserted by GSR 1511 dated 23.9.1966 2. Added by GSR 607 dated 16.5.1959 3. Renumbered by GSR 1511, dated 23.9.1966 1 [(2)The conditions of service of Welfare Officer shall be the same as of other members of the staff of corresponding status in the mine ; Provided that before the owner, agent or manager discharges of dismisses a Welfare Officer who has satisfactorily completed a probationary period of six months, he shall consult the Chief Inspector or an Inspector authorised in this behalf by the Chief Inspector.] 2 [(3) A Welfare Officer shall not be given less than two hundred rupees as his basic pay per mensem.] CHAPTER - X 3 [REGISTERS, NOTICES AND RETURNS]
- 56. 75. Maintenance and production of reports, Registers and other records - All reports, registers and other records maintained in pursuance of the regulations, rules of bye-laws, unless otherwise provided for, shall - (a) be kept at an office or the nearest convenient building within the precincts of the mine ; (b) be legibly entered in ink in English, Hindi or either the language understood by a majority of the persons employed in the mine; (c) be preserved in original for a period of one calendar year after the date of the last report or entry ; Provided that when the original record is lost or destroyed before the expiry of one year period , true copies thereof, if available ,shall be preserved for the prescribed period; (d) be produced on demand before the Chief Inspector or Inspector or any person authorised in that behalf of the Central Government. 1. Substituted by GSR 607 dated 16.4.1959 2. Inserted, ibid 3. Substituted by GSR 1786 dated 17.10.1970 1 [76. Registers of reportable and minor accidents - (1) The registers required by sub-section (1A) of section 23 of the Act shall be maintained in Form J and a copy thereof shall be sent to the concerned Inspector of Mines. (2)The register, required by sub-section (3) of section 23 of the Act shall be maintained in Form K.] 77. Register of employees - The register required by sub-section (1) of section 48 shall be maintained in Form B. 2 [keeping separate page for each person employed in the mine.] 3 [77-A. Identity tokens - (1) (a) The owner, agent or manager of a mine shall issue free of cost to every person employed in the mine, a metal token; hereinafter referred to as token, bearing a number and other particulars by which such person may be identified; Provided that if any other equally effective system of identification is in force in any mine and the Chief Inspector is satisfied of the same, he may exempt such mine from the operation of this rule subject to such conditions as he may deem fit to impose. (b) No person employed in a mine shall enter or be permitted to enter for work in any part of a mine unless he carries off his person the token issued to him. (c) The token shall be of such durable and strong material as cannot be easily damaged or defaced. (d) The token shall be carried by an employee on his person during the time he is on duty. (e) Where a token is damaged, defaced or lost, due to reasons other than the fault or negligence of the employee concerned a duplicate token shall be issued forthwith to such employee free of charge and such duplicate token shall be stamped “DUPLICATE”. 1. Substituted by GSR 316 dated 26.4.1986 2. Inserted by GSR 656 dated 5.6.1980 3. Inserted by GSR 656 dated 9.5.1980 (f) Where a token i s damaged defaced or lost due to the fault or negligence of the employee concerned , a duplicate token stamped “DUPLICATE” shall be issued forthwith to such employee and such employee shall be liable to pay fifty percent of the cost of the duplicate token issued to him.
- 57. (2) The token number and other particulars by which the employee may be identified, together with a passport size photograph, shall be entered in the register in Form B prescribed under rule 77.] 78. Register of daily attendance - (1) The registers required by sub-section (4) of section 48 of persons employed in the mine (a) belowground, (b) in open-cast workings and (c) aboveground shall be maintained in Forms C,D and E respectively. (2) The entries in the register maintained in Form C shall be made at the entrance or entrances to the mine, at the time when a person against whose name the entry is made enters or leaves the mine. (3) The entries in the registers maintained in Form D and E shall be made at suitable points on the premises of the mine with reasonable despatch, at the commencement and end of the period of work. 79. Posting of abstracts, bye -laws and notices. – (1) The abstracts of the Act as given in the Fifth Schedule shall be posted up outside the office of every mine in English, Hindi and either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine. (2) The bye-laws shall be posted up in the manner required by sub-section (5) of section 61, in English, Hindi and either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine ; Provided that the Chief Inspector may require the abstracts and the bye laws to be posted up in any Indian language understood by a majority of the persons employed in the mine. (3) Every notice required to be posted up under these rules shall be in English, Hindi and either the language of the district in which the mine is situated or the language understood by a majority of the persons employed in the mine. (4) The abstracts, bye-laws and notices required to be posted up by the Act, regulations and the rules shall be maintained in a clear and legible condition. CHAPTER – XI MISCELLANEOUS 80. Observ ance of local time –For the purpose of section 4, the local mean time that shall ordinarily be observed in class or group of mines situated in any local area, specified in column 1 of the Sixth Schedule shall be as specified column 2 thereof. 81. Intoxicating drugs and drinks – (1) No intoxicating drink or drug shall be carried or permitted to be carried below ground into the workings of a mine or part. (2) No person shall, during the course of his employment in or about a mine, possess, carry or consume any intoxicating drink or drug or remain in a state of intoxication or drunkenness. 82. Occupational diseases – Fees for medical practitioner – A medical practitioner making an examination in accordance with subsection (2) section 25, shall be paid as follows ; (a) a fee not exceeding rupees sixteen for each clinical examination. (b) A fee not exceeding rupees sixteen for each X-ray examination.
- 58. 1 [82A. Disability allowance and compensation for occupational diseases .- (1) The disability allowance payable under first provision to sub-section(5) of section 9A of the Act shall be at the rate of fifty percent of the monthly wages that he was in receipt of immediately before presenting himself for the medical examination under sub-section (2) of section 9A of the Act. (2) If, a person decides to leave his employment in the mine, he shall be entitled to compensation as may be admissible under the provisions of the Workmen’s Compensation Act ,1923 (8 of 1923) as contacting of such disease is deemed to be an injury by accident under that Act. In case the disease in not covered under Schedule III of that Act, he shall be paid by way of disability compensation at the same rates as provided under that Act as if it is an injury. The lump -sum compensation payable under this rule shall not be in addition to the compensation payable under that Act. Explanation – For the purpose of this rule, “wages” shall have the same meaning as defined in clause (m) of section (1) of section 2 of the Workmen’s Compensation Act, 1923(8 of 1923). (3) The provisions of sub-rule (1) and (2) shall not operate to the prejudice to any right to which a person employed in a mine may be entitled to under any other law or under the terms of any award, agreement or contract of service and when such award, agreement or contract of service provides for more favourable benefits than the disability compensation provided in sub-rule(1) and (2), such person shall be entitled to such benefit only.] 83. Mode of payment of fees etc. – The fees or other expenses payable by the owner, agent or manager under these rules shall be paid directly into the treasury or a branch of the State Bank of India ,and the receipt of the treasury or bank shall be sent to the Chief Inspector along with the particulars to which the fees or other expenses relate. 1. Inserted by GSR 316 dated 26.4.1986 1 [83A.Appeals to the Chief Inspector – Against an order made by the Inspector under any of these rules, an appeal shall lie to the Chief Inspector who may conform or modify or cancel the order. Every such appeal shall be preferred within 30 days of the receipt of the order by the appellant.] CHAPTER – XII RESCISSION AND SAVINGS 84. Rescission and Savings . (1) All rules framed by Sate Governments under section 30 of Indian Mines Act, 1923 those contained in Chapters II, III and VI of the Mysore Gold Mines Rules, 1953, and those issued vide the Government of India notification No. S.R.O 2403, dated the 12th July, 1954 are hereby rescinded, but all acts done, orders issued and certificates granted or renewed under any rule so rescinded shall, so far as they are not inconsistent with these rules, be deemed to have been respectively done, issued, granted or renewed under these rules. (2)The rules contained in Chapters IV and V of the Mysore Gold Mines Rules, 1953 shall continue to apply to gold mines in the State of Mysore in addition to these rules. 1. Inserted by GSR 18 dated 24.12.1973
- 59. FORM – A (See Rule 48(1)) Notice of commencement and end of work Name of Mine…………….. Name of Owner…………… It is hereby notified that persons employed at this mine shall begin and end their period of work between the hours set out below. SN Class or kind of employment Sex Place of work Above Ground/Opencast working/Below ground Set or Relay Number ABC etc) 1. Set or Relay A B C D Etc 1 2 3 1 [4] 2 [5] 2. Shift 123 123 123 123 Period of work 3. Begins * AM/ PM Ends * AM/PM * Interval for rest if any. 4. Begins * AM/PM Ends * AM/PM 5. System of change of shifts 6. Date on which this n notice was first exhibited. Note: * The words and letters not required shall be scored out. Signature of Manager Date………………… 3 [FORM – B (See Rules 48(3), 51, 77 and 77.A(2)] (1) Serial No. (2) Name and surname of the employee (3) Father’s or Husband’s name (4) Age and sex. (5) No. and dates of the certificate, if any, held under the Mines Vocational Training Rules,1966 (6)(a) Designation of the employee. (b) Nature of employment (whether above or below ground and if above ground whether in opencast working or otherwise.) (c) Whether employment is permanent or temporary or casual. (7) Home Address of the employee, giving Village, Thana, Post office and District. (8) Date of commencement of employment (9) Date of first appointment, with the present owner. (10) Date of termination or leaving of employment. (11) In case of an adolescent, reference to certificate of fitness granted under section 40. (12) Mark of identification on the body. (13) Name address, relationship of person to be informed in case of accident/emergency. (14) Token number and other particulars by which the employee may be identified. (15) Passport size photograph of the person employed. (16) Signature or Thumb impression of the employee. (17) Remarks. [Signature of Manager] 1. Omitted by GSR 316 dated 26.4.1986 2. Renumbered, ibid 3. Substituted by GSR 656 dated 5.6.1980
- 60. FORM – C [See Rule 48(3) and 78] Register of persons employed below ground during the weak commencing………and ending…….19….. Name of Mine…….Part or Section of Mine……… Name of Owner………..Hours of Shift Begins AM/PM Ends AM/PM SN Name and surname of employee Age & Sex Class or kind of employment Relay or set No. Serial No. from Form B Register Time should be recorded against each entry Total Day Day Day Day Day Day Day No. of days worked No. of hours worked R E M A R K S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 In Out In Out In Out In Out In Out In Out In Out Initial of Register Keeper Weekly Abstract Miners including loaders 1 *** Others Total no. of attendances Total no. of absentees. 1. Omitted by GSR 316 dated 26.4.1986
- 61. FORM – D [See Rule 48(3) and 78] Register of persons employed 1 [above ground] opencast working during the week commencing………and ending…….19….. Name of Mine…….Part or Section of Mine……… Name of Owner………..Hours of Shift Begins AM/PM Ends AM/PM SN Name and surname of employee Age & Sex Class or kind of employment Relay or set No. Serial No. from Form B Register Time should be recorded against each entry Total Day Day Day Day Day Day Day No. of days worked No. of hours worked R E M A R K S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 In Out In Out In Out In Out In Out In Out In Out Initial of Register Keeper Weekly Abstract Miners including loaders 2 *** Others Total no. of attendances Total no. of absentees. 1. Inserted by GSR 1886 dated 25.12.1965 2. Omitted by GSR 316 dated 26.4.1986
- 62. FORM – E [See Rule 48(3) and 78] Register of persons employed above ground 1 [otherwise than in opencast working] during the week commencing------ and ending …. 19 Name of Mine…….Part or Section of Mine……… Name of Owner………..Hours of Shift Begins AM/PM Ends AM/PM SN Name and surname of employee Age & Sex Class or kind of employment Relay or set No. Serial No. from Form B Register Time should be recorded against each entry Total Day Day Day Day Day Day Day No. of days worked No. of hours worked R E M A R K S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 In Out In Out In Out In Out In Out In Out In Out Initial of Register Keeper Weekly Abstract Men Women 2 *** Total no. of attendances Total no. of absentees. 1. Inserted by GSR 1886 dated 25.12.1965 2. Omitted by GSR 316 dated 26.4.1986
- 63. FORM F [See Rule 49(4)] Register of Compensatory Days of Rest. Name of Mine………………… Name of Owner………………. Year………………………….. Dates on which weekly days of rest have not been allowed Dates on which compensatory days of rest have been allowed SN Name & surname of employee Class or kind of employment set or relay no. No. of days of compensatory rest due in the previous calendar year 1st January to 31st March 1st April to 30th June 1st July to 30th September 1st October to 31st December 1st January to 31st March 1st April to 30th June 1st July to 30th September 1st October to 31st December No. of days of compensatory rest due on 31st December Remarks 1 2 3 4 5 6 7 8 9 10 11 12 13 14
- 64. Name of Mine…………. Owner…………………. FORM – G (See Rules 53) Name of Mine……………….. Name of Owner……………. Register of Leave Account during the Calendar Year………….. Actual Number of days worked during the year Leave period due in ensuring year SN Name & surname of employee Nature of employment mention whether above or below ground Category of employment, mention whether monthly, weekly daily or Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Days of leave entitled Arrears from previous year Total R E M A R K S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
- 65. FORM – H (See Rule 53) Register of Leave Account during the Calendar Year…………….. Name of Mine………………………… Name of Owner……………………… Leave Instalment Leave Instalment Leave Instalment Arrears of Leave SN Name and surnam e of employ ee Total leave period due in the year (from Form G) Calculate d daily rate of wages or earnings including concessio ns Period of leave availed Calculat ed leave wages for the period Leave wages actual ly paid Date of paym ent Calculated daily rate of wages or earnings including concessions Perio d of leave availe d Calculat ed leave wages for the period Leave wages actuall y paid Date of paym ent Calculate d daily rate of wages or earnings including concessio ns Peri od of leav e avail ed Calculate d leave wages for the period Leave wages actual ly paid Date of paym ent Per iod A mo unt R E M A R K S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 Note : The date of payment of arrears of leave wages shall be entered in the Remarks column.
- 66. 1 [FORM – I (See Rules 59) Register of Overtime Wages Name of Mine…………………… Name of Owner………………… Month ………………….. Week ending Week ending Week ending S N Name & sur- name of emplo- yee Name of work above or b/g Class or kind of emplo- yment Ordi- nary rate of wages Over- time rate of wages Date of which over- time wor- ked No. of over- time hours wor- ked on that date No. of over- time hours in the week Over- time ear- nings Date of pay- ment Date of which over- time wor- ked No. of over- time hours wor- ked on that date No. of over- time hours in the week Over- time ear- nings Date of pay- ment Date of which over- time wor- ked No. of over- time hours wor- ked on that date No. of over- time hours in the week Over- time ear- nings Date of pay- ment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Weekending Week ending Date of which over- time wor- ked No. of over- time hours wor- ked on that date No. of over- time hours in the week Over- time ear- nings Date of pay- ment Date of which over- time wor- ked No. of over- time hours wor- ked on that date No. of over- time hours in the week Over- time ear- nings Date of pay- ment R E M A R K S 22 23 24 25 26 27 28 29 30 31 32 1. Substituted by GSR 1786 dated 17.10.1970
- 67. 1 [FORM – J] 2 [See Rule 76 (1) * (Return of Reportable accident) Name of Mine…………………. State………District…………… Owner…………………………. Mineral worked………………(Quarter ending) 1 [Return of reportable accident] Classification Sl. No. Date of entry Date of accident Time of accident By place of accident By cause Brief description of case of accident Name of injured worker 1 2 3 4 5 6 7 8 Sl. No. from Register in Form B Nature of employm ent Natur e of injury Parts of body injured Date of return of injured person to work Duration of enforced absence (in days) Initials of attending medical practitioner Remarks 9 10 11 12 13 14 15 16 Introduction : Col (5) : Specify as indicated in Annexure – 1 Col (6): Specify as indicated in Annexure – II, Col. (7) : Give brief description of the circumstances attending the accident. Col. (11) : Specify whether simple wound laceration abrasion of fracture (only toes, fingers and thumb etc) Col. (14) : mention the days intervening the days of occurrence and day of rejoining and not including either the date of occurrence or rejoining. Col. (16) : In case if an injury proves “Serious” or “Fatal” or when injured person proceeds on leave or leaves his employment. Particulars should be entered in this column. 3 [Note : Copies of entries person injured in preceding quarter(s) and who continued to absent in the quarter should also be submitted separately] 1. Substituted by GSR 1786 dated 17.10.1970 2. Substituted by GSR 316 dated 26.4.1986 3. Inserted, ibid.
- 68. ANNEXURE – 1 Classification of Accident By place of work (Column – 5) 1. Below ground : 1.1. Development face 1.2. Other Development area 1.3. Longwall face 1.4. Other Depillaring /stopping area 1.5. Tramming roadway 1.6. Other rope haulage roadways 1.7. Shafts and sinking shaft (including inclined shafts) 1.8. Inclines and Winzes 1.9. Other (Specify) 2. Opencast Workings : 2.1. Bottom Bench 2.2. Top of the Quarry 2.3. Other benches 2.4. Rope Haulage roadway 2.5. Other Transportation roadways 2.6. Other (Specify) 3. Aboveground (Excluding Opencast Workings) : 3.1. Aerial Ropeway –site 3.2. Rope Haulage Roadways 3.3. Other transportation Roadways 3.4. Railway line belonging to the mine 3.5. Site of ore handling plants (including screening plants Dressing Plants, Crushing Plants, etc) 3.6. Workshop, Power-house and other engine rooms 3.7. Depot 3.8. Other (Specify) ANNEXURE – II Classification of accidents by cause (Column 6) 1.Ground movements : 1.2 Fall of roof 1.3 Fall of sides (other than overhang) 1.3 Fall of overhang 1.4 Rock Burst of Bump 1.5 Air Blast 1.6 Premature collapse of workings/pillars 1.7 Subsidence 1.8 Landside 1.9 Collapse of shaft 2. Transportation Machinery (Winding in shaft) 3. Transportation Machinery (other than winding in shaft):
- 69. 3.1 Aerial Ropeway 3.2 Rope Haulage 3.3 Other Rail Transportation 3.4 Mechanical conveyors 3.5 Dumpers and other heavy earth movers 3.6 Other wheeled trackless means of transportation (Trucks, lorries, etc.) 4. Machinery -other than Transportation Machinery : 4.1 Drills 4.2 Coal cutting Machinery 4.3 Coal Loading Machinery 4.4 Haulage Engine 4.5 Winding Engine 4.6Shovels, Draglines, Excavators etc. 4.7 Ore handling Plants (including crushing and screening plants) 4.8 Pumps 4.9 Other (specify) 5. Explosive 6. Electricity 7. Dust Gas and other combustible material : 7.1 Occurrence of gas 7.2 Influx of gas 7.3 Suffocation by gases 7.4 Explosion or ignition of gas/ dust etc. 7.5 Outbreak of fire orspontaneous heating 7.6 Others (Specify) 8. Falls (other than falls of ground) : 8.1 Falls of persons from heights or into depths 8.2 Falls of persons on the same level 8.3 Falls of objects other than falls of ground 8.4 Other falls (Specify) 9. Other Cause : 9.1 Irruption of water 9.2 Flying pieces 9.3 Extremity caught in between objects 9.4 Unclassified (Specify)
- 70. FORM – K 1 [See Rule 76 (2)] Return of Minor Accidents Name of Mine…………….. State………….District………… Owner………………………. Mineral worked…………(Quarter ending on…) Classification Sl. No. Date of entry Date of accident Time of accident By place of accident By cause Brief description of case of accident Name of injured worker 1 2 3 4 5 6 7 8 1. 2. 3. 4. 5. Sl. No. from Register in Form B Nature of employment Nature of injury Parts of body injured Date of return of injured person to work Initial of attending medical practitioner Remarks 9 10 11 12 13 14 15 1. 2. 3. 4. 5. Introduction : Col (5) : Specify as indicated in Annexure – 1 to Form J. Col (6): Specify as indicated in Annexure– II to From J. Col. (7) : Give brief description of the circumstances attending the accident. Col. (11) : Specify whether simple wound laceration abrasion of fracture Col. (15) : In case if an injury proves “reportable” “Serious” or “Fatal” or when injured person proceeds on leave or leaves his employment. Particulars should be entered in this column. 1. Substituted by GSR 316 dated 26.4.1986
- 71. 1 [FORM – L (See Rule 54) Information regarding leave with Wages Name and surname of employee Serial number from Register in Form “B” Nature of employment whether below ground or above ground Actual number of days worked during the preceding year Days of leave with wages enjoyed during the preceding year Days of leave to which he is entitled Arrears of leave carried over from the previous year Total number of days of leave with wages Remarks if any 1 2 3 4 5 6 7 8 9 Signature Designation: Owner/agent/manager Mine : Owner : Dated …………………………. * Inserted vide Notification No. GSR 1786, dated 30.9.1970 2 {FORM M} (See rule 29D (1)} Notice of initial/ periodical medical examination under rule 29B No………….. Date…………………. Sri/Srimati………………. Nature of employment**……………… Serial number from B Register** son/daughter or/wife* of …………. Is hereby notified that he/she* should present himself/herself* for an initial/periodical* medical examination, under rule 29B of the Mines Ru les 1955, before…..(give name of the examining authority) at ……..(give exact description of place) on *** ………… (give date) at …….. (give time). Shri/Shrimati*…………. May note that if he/she* fails, without reasonable cause, to submit himself/herself* for the medical examination aforesaid he/she shall not be eligible for appointment/continuance in employment to the mine from……………… Shri/Shrimati*……………. May further note that he/she* should bring with him/her* three unattested photographs of himself/herself* and the previous medical certificates in Form O, if any, issued to him/her* under rule 29 F. Signature of manager …………………mine *Delete whatever is not applicable ** Necessary only in case of a person already employed in the mine. *** In respect of the initial medical examination of a person already employed in a mine and in respect of every periodical medical examination atleast twenty days prior notice is to be given. In respect of the initial medical examination of a person seeking employed at a mine the period of notice may be shorter. Note – A copy of the notice shall be sent to the examining authority concerned. In the case of periodical medical examination, the copy of medical certificate in Form O shall also be sent. 1. Inserted by GSR 1786 dated 17.10.1970 2. Inserted by GSR 557(E) dated 16.11.1978
- 72. 1{FORM – N} {See rule 29D (S)} Second and final notice of initial/periodical medical examination under rule 29 B No……… Date…………. Shri/Shrimati*…………… Nature of employment………… Serial number from Form B Register……… Son/daughter/wife of ………. Failed to present himself/herself* for an initial/periodical* medical examination on…… in respect of which he/she/had been given a notice on …………. He/She* is hereby again notified that he/she* should present himself/herself* for an initial/periodical* medical examination, under rule 29B of the Mines Rules, 1955, before……….(give name of the examining authority) at ……(give date)** ……..at……….(give time) Shri/Shrimati*…………, may note that if he/she* fails to submit himself/herself* for the medical examination aforesaid, he/she* shall not be employed/retained in employment in the mine from……… Shri/Shrimati*………….., may further note that he/she* should bring with him/her* three unmounted photographs of himself/herself* and he previous medical certificate in Form O, if any, issued to him/her* under rule 29F. Signature of Manager (a) Delete whatever is not applicable. ** In respect of the initial medical examination of a person already employed in a mine and in respect of every periodical medical examination, the second notice is to be given at lest ten days previously. 1 Inserted vide Notification No. GSR 656, dated 5.6.1980.
- 73. 1 (FORM – O) (See rule 29F (2) and 29L) Report of medical examination under rule 29B (To be issued in triplicate)** Certificate No………….. Certified that Shri/Shrimati* employed as ………. In ………mine, Form B No. has been examined for an initial/periodical medical examination. He/she* appears to be………… years of age. The findings of the examining authority are given in the attached sheet. It is considered that Shri/Shrimati*………….. (a)* is medically fit for any employment in mines. (b)* is suffering from…………. and is medically unfit for (b) any employment in mine; or (c) any employment below ground; or (d) any employment or work………. ©* is suffering from………… is should get this disability* cured/controlled and should be again examined within a period of ………..months. He/She will appear for re-examination with the result of test of………… and the opinion of …………Specialist from………… He/She may be permitted/not* permitted to carry on his duties during this period. Space for affixing Passport Size Photograph of the Candidate. Signature of the examining authority ………………………………………… Place : Name and designation in Block letters Date : * Delete whatever is not applicable. ** One copy of the certificate shall be handed over to the person concerned and another copy shall be sent to the manager of the mine concerned by registered post; and the third copy shall be retained by the examining authority, Report of the examining authority (to be filled in for every medical examination whether initial or periodical or re -examination or after cure/control of disability). Annexure to Certificate No…………as result of medical examination on ……. Identification Mark…………….. Left thumb impression of The candidate 1. General development- Good/Fair/Poor 2.Height…………Cms. 3.Weight…………kg. 4Eyes : (i)Visual acuity-Distant vision (with or without glasses). Right eye……..Left eye………….. (ii) any organic disease of eyes (iii)night blindness (iv)Colour blindness (v)Squint (* to be tested in special cases) 1. Inserted vide notification No.GSR 656 dated 5.6.1980
- 74. (e) Ears : (f) Hearing : right ear………….Left ear …………….. (g) Any organic diseases. 6.Respiratory system. Chest measurement : (i)after full inspiration …………cms. (ii)After full expiration…………..cms. 7. Circulatory system: Blood Pressure Pulse 8. Abdomen : Tenderness. Liver. Spleen. Tumour. 9. Nervous system: History of fits or epilepsy Paralysis. Mental health. 10.Locomotory system 11. Skin. 12. Hydrocele. 13. Hernia. 14. Any other abnormality 15. Urine : Reaction. Albumin. Sugar. 16. Skiagram of chest. 17. Any other test considered necessary by the examining authority. 18. Any opinion of specialist considered necessary. Signature of the examining authority Place:
- 75. 1 (FORM – P) (See rule 29F (i) and 29L) Medical Standard of fitness for Persons Employed 1. The person should be in good mental and bodily health and free from any physical defect likely to interfere with his efficient employment in a mine. 2. Skeletal nervous system : The limbs should be well formed and developed, and the function of all the limbs should be within normal limits. Any deformity should be recorded. There should be no deformity or paralysis which may interfere with his efficient employment in a mine. 3. Skin :- There should be no evidence of extensive and chronic skin disease or ulceration. In case of infective type of skin disease, the candidate could be made fit after he has undergone a treatment. All occupational skin diseases should be noted. 4. (a) Eye vision should be not less than the following standard: (1) Better eye 6/12 (2) Worse eye 6/18 (b) There should be no night blindness for persons employed below ground and for persons employed in open cast working in shifts other than in mornings shifts. (c) A person having only one eye which functions normally should not be employed below ground, For employment on surface the vision of such a person in the other eye should be 6/18 with or without glasses. 5. Hearing should be good, Any progressive disease affecting hearing/or occupational deafness should be recorded. 6. Speech must be without serious impediment. Unless this is also accompanied by generalised partial paralysis this should not be a reason for declaring unfit. 7. (a) Respiratory system should be sound and free from any chronic bronchial or laryngeal disease. This however alone should not be reason to make unfit. (b) 2 [A full sized pestero-anterior chest radiograph (large) enough to include thoratic inlet and both costophrenic angles obtained by an X -ray machine of atleast 300 mA Milli-Ampere) strength shall be evaluated in the manner specified by the Chief Inspector and Lung function tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. There should not be any evidence of active pulmonary disease if] there are evidences of active pulmonary tuberculosis, he may be permitted to work if his sputum is negative on repeated examination and on production of a certificate that he is taking treatment from a qualified medical practioner/hospital 8. Circulatory system – There should be no evidence of any heart or vascular disease which may interfere with his efficient employment in a mine. 9. In case the candidate has hernia he may be declared fit after he has been successfully operated for the same. 10. Hydrocele if present should not be large enough to impede the normal activities off the candidate. In such cases he may be declared fit after being successfully operated. 11. The medical examination should include examination of urine and of other system for evidence of disease. Mere presence of albumen and sugar in the urine without any gross organic disease producing signs and symptoms should not be considered as a disability. 1. Inserted vide notification No. GSR 656 dated 5.6.1980 2. Substituted by GSR 707(E) dated 21.7.1989
- 76. 1 (FORM – P-I) (See rule 29F(1) and 29L) Medical standard of fitness for persons to be employed in mines. 1. The person should be in good mental and bodily health and free from any physical defect likely to interfere with his efficient employment in a mine. Due allowance in the standard should be made for the age of a candidate. 2. Locomotor system – The limbs should be well formed and developed and the function of all the limbs should be within normal limits. Any deformity should be recorded. There should be no deformity or paralysis which may interfere with his efficient employment in a mine. Any deformity noted should be recorded. 3. Skin – There should be no evidence of extensive and chronic skin disease or ulceration. 4. (a) Distant vision eye with or without glasses should be not less than the following standard. For workers employed on For workers employed Surface and in opencast below ground Workings 1. Better eye 6/12 6/6 2. Worse eye 6/18 6/9 (b) Night blindness should be tested in special cases only in underground workers where the examining authority considers it necessary. (c) A person having only one eye which functions normally should not be employed belowground. For employment on surface the vision of such a person in the other eye should be 6/12 with or without glasses. A person will be considered uni-ocular when there is physical loss of one eye or when there in functional loss of vision of one eye. (d) Colour blindness will be tested only in special cases where the job requires good colour dis crimination. Only low grade colour perceptions will be tested with Edridge Green’s lantern. (e) There should not be squint where binocular vision is essential. (f) There should not be any organic disease of the eye which is likely to affect the distant vision within a period of five years. 5. Hearing should be good. Any progressive disease effecting hearing should be recorded. The candidate should be able to hear conversational voice from a distance of 3 metres. 6. Speech must be without serious impediments. 7. (a) Respiratory system should be sound and free from any chronic laryngeal bronchial pulmonary disease. Tuberculosis of lungs if not active should not be a disqualification. (b) 2 [A full sized pestero-anterior chest radiograph (large) enough to include thoratic inlet and both costophrenic angles obtained by an X-ray machine of atleast 300 mA Milli-Ampere) strength shall be evaluated in the manner specified by the Chief Inspector and Lung function tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. There should not be any evidence of active pulmonary disease if] there are evidences of active pulmonary tuberculosis, he may be permitted to work if his sputum is negative on repeated examination and on production of a certificate that he is taking treatment from a qualified medical practioner/hospital 1. Substituted by GSR 707(E) dated 21.7.1989 2. Substituted, ibid
- 77. 8.Circulatory system :- There should be no evidence of cardiac or vascular disease which may interfere with his efficient employment in a mine. 9. There should not be any evidence of disease of abdominal organs which is likely to affect his efficient discharge of duty in a mine. 10. In case the candidate has hernia, he may be declared fit after he has been successfully operated for the same. 11. Hydrocele if present should not be large enough to impede the normal activities of the person. If it is large enough he may be declared fit after being successfully operated. 12. The nervous system should be sound. Persons with history of epilepsy or any other type of organic or historical fits should not be declared fit for employment in a mine. 13. The medical examination should include examination of urine. Mere presence of albumen and sugar in the urine without any gross organic disease producing signs and symptoms should not be a disability. 14. Skiagram of the chest should also he obtained. If it is necessary the medical officer may direct the candidate to obtain the result of special tests or/and the opinion of a specialist from recognised institution/hospital. (FORM – Q) (See rule 29J(2) 9 (a)) Notice of medical re-examination by Appellate Medical Board No……….. Date……………….. MEMORANDUM SHRI/Shrimati*………..Nature of employment……………serial number from Form B Register………… son/daughter/wife* of ………….., who has appealed for a re-examination against the findings of a medical examination under rule 29B of Mines Rules, 1955 that he/she is unfit for : a.* Any employment in mines. b.* Any employment below………. Ground. c.* Any employment on work………..(Specify in detail) is hereby notified that he/she should present himself/herself* for a medical re -examination by the Appellate Medical Board at ………. (give exact description of place) on**………….(give date) at ……….(Give time). Shri/Shrimati*…….may note that if he/she* fails without reasonable cause, to submit himself/herself* for the medical re -examination aforesaid he/she* shall not be retained in employment in the mine. Signature of manager ……………………mine. *Delete whatever is not applicable **15 days, prior notice is to be given to a medical re-examination by the Appellate Medical Board.
- 78. (FORM – R) (See rule 29J(2) (b) ) Second and final notice of medical re-examination by Appellate Medical Board No………….. Date……………19 MEMORANDUM SHRI/Shrimati*………..Nature of employment……………serial number from Form B Register………… son/daughter/wife* of ………….., failed to present himself/herself* for medical re-examination on …..in respect of which he/she* had been given a notice on ………… He/She* is hereby again notified that he/she* should present himself/herself* for a medical re -examination by the Appellate Medical Board at ……..(give exact description of place) on**……….(give date) at …………(give time). Shri/Shrimati*…..may note that if he/she* fails to submit himself/herself* for the medical re -examination aforesaid, he/she* shall not be retained in employment in the mine. Signature of Manager ……………….. mine. * Delete whatever is not applicable. **15 days’ prior notice is to be given of medical re-examination by the Appellate Medical Board. (FORM – S) (See rule 29L) Report of medical re-examination by Appellate Medical Board (To be issued in triplicate)** We do hereby certify that we have examined Shri/Shrimati* ……….. Nature of employment…….., Serial Number from Form B Register………….. of ….. mine, who has been declared medically unfit for. 5. * any employment in mine. 6. * any employment belowground. 7. * any employment in work………. (Specify in details) as a result of a medical examination under rule 29B. Our Report is given overleaf.
- 79. We consider that – 1. He/She* is medically fit for any employment in mine. 2. He/She* is suffering from……….. and is medically unfit for (a) * any employment in mine. (b) * any employment belowground. (c) * any employment in work………. ________________________________ (Specify in details) 3. He/She is suffering from…..and should get this disability/cured/controlled* and should be again examined within a period of ……………months. He will appear for re -examination within a period of…………months. He will appear for re-examination with the result of test of………* and opinion of ………specialist from…………He may be permitted/not permitted* to carry on his duties during this period. Signature of members of Appellate Medical Board 1…………………(Convenor) 2………….. 3…………… * Delete whichever is not applicable **One copy of the certificate shall be handed over to the person concerned and another copy shall be sent to the manager of the mine concerned by registered post, and the third copy shall be retained by the Convener of the Appellate Medical Board. REPORT OF THE APPLELLATE MEDICAL BOARD Annexure to certificate No………….as result of Medical examination identification mark : On……………. Left thumb impression Of the candidate 1. General development. Good/Fair/Poor 2. Height……….cms. 3. Weight……….kg. 4. (i) Eyes………visual acuity Distant vision(with or without glasses) (ii) any organic disease of eyes. *(iii) night blindness Right eye………Left eye…………. *(iv) Colour blindness……….(v) Squint………………….. (* to be tested in special cases) 5. Ears : (i) Hearing………(ii) any organic disease 6. Respiratory system : Chest measurement 8. after full inspiration …….cms (ii) after full expiration…… 7. Circulatory system : Blood pressure…………. Pulse………….. 8. Abdomen : Tenderness……..Liver……..Spleen…………Tumour……….. 9. Nervous system : History of fits or epilepsy…..Paralysis……..Mental health………
- 80. 10. Locomotion system : 11. Skin : 12. Hernia : 13.Hydrocele : 14.Any other abnormality : Urine: Reaction…….. Albumin……… Sugar……….. 15.Skiagram of chest : 16.Any other test considered necessary by the examining authority. 17.Any opinion of specialist considered necessary. Place : Signature of the Appellate Medical Board (FORM – T) (See rule 29-P(i)) Annual Return for the year ending on the 31st December 1. Name of mines……………… 2. Postal address of Mines…………… 3. Date of opening ……………….. 4. Date of closing (if closed)…………. 5. Situation of Mine (District/State)………….. 6. Name of Owner………..Postal address of owner………… 7. Number of persons required to be medically examined………. 9. Number of persons medically examined…………… 10. Number of persons declared medically unfit………… 11. Categorisation of the persons declared unfit…………. Certified that the information given above is correct to the best of my knowledge. Date……………… Signature…………….. (No. S. 650/2/1/72-M.L.) 1 (FORM – U) (See rule 29R and S) Name of Mine………Owner…………Manager……………..Place/installation inspected………………….. Inspected by ………………on ……………Accompanied by……………… ------------------------------------------------------------------------------------------------------------------------------- Observations Remedial Action taken Date on Remarks Measures for remedial which action if any Suggested measures taken -------------------------------------------------------------------------------------------------------------------------------- Signature of Workmen’s Signature of Manager Inspector with date Signature of mine official Accompanying the work- Men’s Inspector Date……..Designation 1. Inserted by GSR 316 dated 26.4.1986
- 81. THE METALLIFEROUS MINES REGULATIONS, 1961 G.S.R. 337, dated the 18th October, 1960 – In exercise of the powers conferred by section 57 of the Mines, Act, 1952 (35 of 1952), the Central Government hereby makes the following Regulations, the same having been previously published as required by sub- section (1) of section 59 of the said Act. Chapter I. – Preliminary 1. Short title, extend and applications (1) These regulations may be called the Metalliferous Mines Regulations, 1961. (2) They extend to the who le of India 2[***] (3) They shall apply to every mine of whatever description other than a coal or an oil mine. 2. Definitions. – In these regulations, unless there is anything [repugnant in the subject or contest – (1) “Act” means the Mines Act, 1952; (2) “approval safety lamp” and “approved electric torch” mean, respectively, safety lamp and an electric torch manufactured by such firm and of such type as the Chief Inspector may from time to time specify by notification in the Official Gazette; (3) “Assistant Manager” means a person possessing a Manager’s Certificate appointed in writing by the owner, agent or manager to assist the manager in the control, management and direction of the mine or part thereof, and who takes rank immediately below the manager; (4) “auxiliary fan” means a forcing fan or an exhausting fan, used belowground wholly or mainly for ventilating a face or faces or blind ends; (5) “bankman” means a person appointed to superintend the lowering and raising of persons, tools and materials and the transmission of signals at the top of a shaft or winze; (6) “blaster” means a person possessing a Manager’s, Foreman’s, Mate’s or Blaster’s Certificate and appointed by the manager in writing to perform the duties of a blaster under these regulations, and includes a shotfirer; (7) “belman” means a person appointed to superintend the raising and lowering of persons, tools, materials and the transmission of signals at any landing; (8) “Committee” means a committee appointed under section 13 of the Act; (9) “competent person” in relation to any work or any machinery, jplant or equipment means a person who has attained the 3[age of 20 years] and who has been duly appointed in writing by the manager as a person competent to supervise or perform that work or to supervise the operation of that machinery, plant or equipment, and who is responsible for the duties assigned to him, and includes a blaster;
- 82. (10) “District Magistrate” in relation to any mine, means the District Magistrate or the Deputy Commissioner, as the case may be, who is vested with the executive powers of maintaining law and order in the revenue district in which the mine is situated; Provided that in the case of a mine which is situated partly in one district and partly in another, the District Magistrate for the purposes of these regulations shall be the District Magistrate authorised in this behalf by the Central Government; (11) “explosive” shall have the same meaning as is assigned to that term in the Indian Explosive; (12) “face” means the moving front of any working place or the inbye end of any drive, level, crosscut, raise or winz; (13) “gas” includes fume or vapour; (14) “landing” means any floor or platform in a winze, which is an authorised stopping place of the cage or other means of conveyance, and includes a ‘plate’; (15) “machinery” means – (i) any locomotive or any stationary or portable engine, air compressor, boiler or steam apparatus which is, or (ii) any such apparatus, appliance or combination of appliances intended for developing, storing transmitting, converting or utilising energy, which is, or (iii) any such apparatus, appliance or combination of appliances if any power developed, stored transmitted, converted or utilised threby is, used or intended for use in connection with mining operations; (16) “Manager” means a person possessing the prescribed qualifications and appointed in writing by the owner or agent to be in charge of a mine under the Act, and includes Mine Superintendent if appointed under section 17 of the Act; (17) “material”. Includes rock, debris, stone, mineral, ore or any other material; (18) “Metalliferous mine” includes every mine other than a coal or an oil mine; (19) “mine foreman” means a person possessing a Manager’s or Foreman’s Certificate and and appointed by the manager in writing, under the designation whatsoever, to perform the duties of supervision or control in a mine or part thereof and includes a Shift Boss; (20) “mining mate” means a person possessing a Manager’s, Foreman’s or Mate’s Certificate and appointed by the Manager in writing, under any designation whatsoever, to perform the duties of a mining mate under these regulations, and includes an Overseer or Head Mestri; (21) “misfire” means the failure to explode of an entire charge of explosives in a shot-hole; (22) “month” means a calendar month; (23) “Official” means a person appointed in writing by the owner, agent or manager to perform duties of supervision in a mine or part thereof and includes an assistant manager, an underground manager, a mine foreman, a mining mate, an engineer and a surveyor;
- 83. (24) “permitted explosive” means an explosive manufactured by such firm and of such type as the Chief Inspector may from time to time specify by notification in the Official Gazette; (25) “public road” means a road maintained for pblic use an under the jurisdiction of any Government or local authority; (26) “quarter”means a period of three months ending on the 31st March, 30th June, 30th September or 31st December; (27) “railway” means a railway as defined in the Indian Railways Act, 1890; (28) “Regional Inspector” means the Inspector of Mines in charge of the region or local area or areas in which the mine is situated or the group or class of mines to which the mine belongs, over which he exercises his powers under the Act; (29) “river” means any stream or current of water, whether seasonal or perennial, and includes its banks extending up to the highest known flood level; (30) “roadway” means any part of a passage or gallery belowground which is maintained in connection with the working of a mine; (31) “Schedule” means a schedule appended to these regulations; (32) “shaft” means a vertical or inclined way or opening leading from the surface to workings belowground or from one part of the workings belowground to another, and includes an incline; (33) “signalman” means a person appointed to transmit signals; (34) “socket” means a shot-hole or part of a shot-hole remaining after being charged with explosive and blasted, and which is not known to be a misfired shot- hole; (35) “Support” includes timber-work, masonry, packwalls, sandpacks, iron- work, or any other form of support; (36) “tub” includes a wagon, car, truck, hutch, bandy, bucket or any other vehicle for conveying material, but does not include a railway wagon; (37) “underground Manager” means a person possessing a Manager’s Certificate appointed in writing by the owner, agent or manager to be in charge of the whole of the underground workings or a specified portion thereof, under the direction of the manager, and is thus superior to a mine foreman and a mining mate, and includes an Underground Agent; (38) “ventilating district” means such part of a mine belowground as has an independent intake airway commencing from a main intake airway and independent return airway terminating at a main return airway and, in the case of mine or part thereof which is ventilated by natural means, the whole mine or part; (39) “Winze” or “Raise” means a small shaft, either vertical or inclined, in the workings belowground; (40) “working place” means any place in a mine to which any person has lawful access. Chapter II – Returns, Notices and Records 3. Notice of opening – (1) The notice required by section 16 of the Act shall be submitted in Form I or First Schedule 1[and a copy thereof shall be submitted to the
- 84. Reional Inspector. The form shall be accompanied by a plan showing the boundaries of the mine and the shafts or opening of the mine, trijunction or revenue pillars and other prominent and permanent surface features : Provided that, in respect of amine which has already been opened such a plan shall be submitted within sixty days of coming into force of the Metalliferous Mines (Amendment) Regulations, 1985: Provided further that if the boundary of amine is changed as per sub-regulation(1) of regulation 111 a plan showing the boundary shall be submitted within seven days of the said change] (2) When a mine has been opened, the owner, agent or manager shall forthwith communicate the actual date of opening to the Chief Inspector and to the Regional Inspector. 4. Quarterly Returns – On or before the 20th day of January, April, July, and October in every year, the owner, agent or manager shall sub mit to the Chief Inspector and the Regional Inspector correct returns in respect of the preceding quarter in Form II of First Schedule. 5. Annual Returns – (1) On or before the 20th day of February in every year, the owner, agent or manager shall submit to the District Magistrate and to the Chief Inspector annual returns in respect of the preceding year in Form III of First Schedule. (2) If a mine is abandoned or working thereof is discontinued for a period exceeding 60 days, or if a change occurs in th ownership of a mine, the returns required under sub-regulation(1) shall be submitted within 30 days of abandonment or change of ownership or within 90 days of discontinuance, as the case may be: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, allow such returns to be submitted up to any date not later than the 20th day of February in the year following that to which they relate : Provided further that nothing in this sub-regulation shall be deemed to authorise the submission of any return later than the 20the day of February in the year following that to which it relates. 6. Notice of abandoned or discontinuance – (1) (a) When it is [intended to abandon a mine or to discontinue working thereof for a period exceeding four months, the owner, agent or manager shall, not less than 30 days before such abandonment or discontinuance, give to the Chief Inspector and the Regional Inspector a notice stating the reasons for the reasons for the proposed abandonment or discontinuance and the number of persons likely to be affected thereby : Provided that in the case of a mine or part thereof to which Regulation 142 applies, notice as aforesaid shall also be given whenever it s intended to abandon a district or part of the mine, or to discontinue working thereof for a period exceeding four months :
- 85. Provided further that when, on account of unforeseen circumstances, a mine or part as aforesaid is abandoned or discontinued before the notice has been given or when without previous intention the discontinuance extends beyond a period of four months, the notice shall be given forthwith. (b) Notwithstanding anything contained in clause (a), when it is intended to abandon, or discontinue for more than four months, any workings belowground over which is situated any property vested in the Government or any local authority or any railway or any building or permanent structure not belonging to the owner, the owner, agent or manager shall not less than 30 days before the date of such abandonment or discontinuance, give notice of his intention to the Chief Inspector and the Regional. (2) When a mine or part aforesaid has been abandoned, or working thereof has been discontinued over a period exceeding four months, the owner, agent or manager shall, within seven days of the abandonment or of the expiry of the said period, give to the Chief Inspector, the Regional Inspector and the District Magistrate notice in Form I of First Schedule. 7. Notice of reopening – (1) When it is intended to reopen a mine after abandonment, or after discontinuance for a period exceeding four months, the owner, agent or manager shall, not less than 30 days before resumption of mining operations, give to the Chief Inspector, the Regional Inspector and the District Magistrate notice in Form I of First Schedule : Providing that in the case of amine or part thereof to which Regulation 142 applies, notice as aforesaid shall also be given whenever it is intended to reopen a district or part of the mine after abandonment or after discontinuance for a period exceeding four months. (2) When a mine or part as aforesaid has been reopened, the owner, agent or manager shall forthwith communicate the actual date of reopening to the Chief Inspector and the Regional Inspector. 8. Change of ownership and address etc. – (1) (a) When a change occurs in the name or ownership of a mine or in the address of the owner, the owner, agent or manager shall, within seven days from the date of the change, give to the chief Inspector and the Regional Inspector a notice in Form I of First Schedule : Provided that where the owner of a mine is a firm or other association of individuals, a change – (i) of any partner in the case of a firm; (ii) of any member in the case of an association (iii) of any director in the case of a public company; or (iv) of any shareholder in the case of a private company shall also be intimated to the Chief Inspector and the Regional Inspector, lwithin seven days from the ate of the change.
- 86. (b) When the ownership of a mine is transferred, the previous owner or his agent shall make over to the new owner or his agent, within a period of seven days of the transfer of ownership, all plans, sections, reports, registers and other records mainiained I pursuance of the Act and of the regulations, a orders made thereunder and all correspondence relating to the working of the mine relevant thereto; and when the requirements of this clause have been duly complied with, both previous and the new owners or their respective agents shall forthwith send the Chief Inspector and the Regional Inspector a detailed list of the plans, sections, repsorts, registers and other records that have been transferred. (2) When any new appointment is made of an agent, manager, assistant manager, underground manager, surveyor or an engineer, if any, or when the employment to any such person is terminated or any such person leaves the said employment, or when any change occurs in the address of any agent or manager, the owner, agent or manager shall, within seven days from the date of such appointment, termination, leaving or change, give to the Chief Inspector and the Regional Inspector a notice in Form I of First Schedule. 1[“8A. Appointment of agent. – (1) The owner of a mine shall submit in writing to the Chief Inspector and the Regional Inspector, a statement showing name and designation of every person authorised to act an agent on behalf of the owner of a mine in respect of management, control, supervision or direction of the mine. (2) The statement shall also show the responsibilities of every such person and the matters in respect of which he is authorised to act on behalf of the owner of a mine. (3) The statement aforesaid shall be submitted within one month from the date of coming into force of the Metalliferous Mines (Amendment) Regulations, 1985, in the case of mines already opened for reopened as the case may be, and in other cases within one month from the ate of opening or reopening of the mine. (4) Any change, addition or alteration in the names or other particulars of the aforesaid statement shall be reported in writing to the Chief Inspector and the Regional Inspector within seven days from the date of such change, addition or alteration] 9. Notice of Accident – (1) (a) When there occurs in or about a mine – (i) an accident causing loss of life or serious bodily injury in connection with mining operations; (ii) an explosion or ignition; (iii) a spontaneous heating or outbreak of fire, or appearance of smoke or other indication of heating or outbreak of fire; (iv) an influx of noxious gases;
- 87. (v) an occurrence of inflammable gas in a mine to which Regulation 142 does not apply; (vi) an irruption or water; (vii) a rock-brust in workings belowground; (viii) a premature collapse of any part of the workings; (ix) any accident due to explosives; (x) a breakage or fracture of a rope, chain, headgear pulley or axle or bearing thereof, or other gear y which persons are lowered or raised; (xi) an overwinding of cases or other means of conveyance while men are being lowered or raised; (xii) a breakage or fracture of any essential part of winding engine, crank-shaft, coupling, bearing, gearing, clutch, drum or drumshaft; or failure of emergency brake; (xiii) a bursting of any equipment containing steam, compressed air or other substance at high pressure; or (xiv) a breakage, fracture of failure of any essential part of any machine or appratus whereby the safety of persons may be endangered; the owner, agent or manager shall forthwith inform the Regional Inspector about the occurrence by telephone or express telegram or by special m essenger; and shall also, within 24 hours of every such occurrence, give notice thereof in Form IV-A of First Schedule to the District Magistrate, the Chief Inspector and the Regional Inspector and shall simultaneously exhibit a copy of the notice on a special notice board outside the office of mine and shall ensure that the notice is kept on the board in a legible condition for not less than 14 days from the ate of such exhibition. (b) When a n accident causing loss of life or serious bodily injury occurs in or about a mine in connection with the generation, storage, transformation, transmission, supply or use of electrical energy, the owner, agent or manager shall also forthwith inform the Electrical Inspector o Mines by telephone, express telegram or special messenger; (2) If death results from any injury already reported as serious 1[under sub- regulation (1) or if an injury other than the serious injury becomes serious, the owner, agent or manager shall, within 24 hours of his being informed of the same], give notice thereof to the District Magistrate, the Chief Inspector and the Regional Inspector. (3) In respect of every person killed or injured as above, the owner, agent or manager shall send to the Chief Inspector particulars in Form IV-B and IV-C of First Schedule, within seven days of the occurrence or 15 days of the injured person returning to duty, as the case may be. 10. Notice of disease – Where any person employed in a mine contracts any disease notified by the Central Government in the Official Gazette, the owner, agent or manager shall, within three days of his being informed of the disease, send notice thereof in Form V of First Schedule to the District Magistrate, the Chief Inspector, the Regional Inspector and the Inspector of Mines (Medial).
- 88. CHAPTER III – Examinations and Certificates of competency and of Fitness 2[11. Board of Mining Examinations – (1) For the purposes of these regulations, there shall be constituted a Board of Mining Examinations (hereinafter referred to as the “Board). (2) The Board shall consist of the Chief Inspector who shall be its Chairman Ex- officio and five members possessing technical qualification in mining, and (a) having practical experience in metalliferous mines, or (b) serving in an institution imparting education in mining engineering at the degree or equivalent level, or (c) engaged in mining research, to be appointed by the Central Government: Provided that the Board shall be so constituted that it shall include at least three members possessing qualifications laid down in clause (a) and at least one member possessing qualifications laid down either in clause (b) or in clause (c). (3) Every member (other than the Chairman) of the Board shall hold office for a period of three years from the date of the notification appointing him as a member of the Board or until his successor is appointed and takes charge whichever is later : Provided that – (i) a member may at any time resign his office; (ii) a member appointed under clause (b) or sub-regulation(2) shall cease to hold office upon his ceasing to serve in any such institution, as is referred to in that clause; (iii) a person appointed to fill a vacancy caused by reason of the death, resignation, or by reason of cesser of office under sub-clause (ii), of a member, shall hold office for the remaining period for which such member would have, but for such reason, continued as member. (4) A person who holds, or who has held office as member of the Board shall, subject to the other provision of this regulation, be eligible for re-appointment to that office. (5) A member of the Board (other than the Chairman) shall receive such remuneration as the Central Government may fix. (6) An Inspector nominated in this behalf by the Chief Inspector shall act as the 1[Secretary to the Board hereinafter referred to in this regulation as the Secretary] 2* * * (8)Notwithstanding anything contained in this regulation, the Central Government, may, if satisfied that it is necessary so to do in the public interest, re-
- 89. constitute to Board even though the term of office of all or any of the members thereof has not come to an end. 1[(9) Meetings of the Board shall be held as and when the Chairman considers them necessary, and unless otherwise decided by the Chairman, all meetings of the Board shall be held at Dhanbad (10) (a) For every meeting of the Boad, not less than ten clear days’ prior notice intimating the time and place of the proposed meeting and signed by the Chairman or the Secretary shall be given to each members who is not absent from India. (b) Such notice shall be delivered at, or posted to, the usual place of residence of the member, and each such notice shall be accompanied by a list of items of business to be disposed of at that meeting. (c) Notwithstanding what is contained in clauses (a) and (b), in cases of urgency, an emergent meeting may be called for by the Chairman at any time, by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting. (11) (a) The Chairman shall preside at every meeting of the Board. (b) If the Chairman is absent for any reason, the members present shall elect one from among themselves to preside over the meeting; and the member so elected shall, for the purposes of that meeting; have all powers of the Chairman. (12) No business shall be transacted at a meeting of the Board unless at leat three members, including the Chairman, are present. (13) (a) All matters which the Board is required to consider shall be conidered at its meeting, or, if the Chairman so decides, by circulation of the papers, to every member who is not absent from India. (b) When any matter is referred to by circulation as aforesaid, any member can request that it should be considered at a meeting of the Board and the Chairman may direct that it shall be so considered but when two or more members so request, the Chairman shall direct that it shall be so considered at a meeting to be held. (14) (a) The Secretary shall place, before the Board, a list of business to be transacted at the meeting. (b) No business which is not included in such list shall be considered unless the Chairman permits.
- 90. (15) (a) Every matter at a meeting, shall be decided by the majority of votes of the members present at such meeting. (b) Every matter referred to the members by circulation under sub-regulation(13) shall be decided by the majority opinion of the members to whom the papers were circulated, unless the Chairman reserves it for consideration at a regular meeting to be held later. (c) In case of equal division of votes or opinions of the members the Chairman shall have a casting vote or opinion. (16) (a) The Secretary shall record the minutes of each meeting in a bound-page book kept for the purpose and copies of such minutes of the meeting shall be circulated to all members present in India. (b) The minutes so recorded shall be confirmed at the next meeting of the Board and singed by the Chairman in token thereof. (17) (a) The Chairman, in addition to any other powers and duties conferred upon him under these regulations, shall, - (i) present all important papers and matters to the Board as early as possible; (ii) issue orders for carrying out the decisions of the Board; (iii) have power to refer, in his discretion, any matter tot he Central Government for their orders; and (iv) have powers generally to take such action or pass such ordrs necessary to implement the decisions of the Board. (b) The Chairman may, during his temporary absence by reason of leave or otherwise, authorise any member o the Board to perform all or any of the duties of the Chairman during such absence. (c) Unless the Chairman otherwise directs all proceedings of the Board shall be conducted in camera ad be regarded as confidential]. 12.Certificate granted by the Board –(1) Certificates under these regulations shall be granted by the Board. (2) Certificates granted by the Board shall be valid throughout the territories to which these regulations extend, and shall be of the following kinds – (a) Manager’s first class certificate of competency to manager a metalliferous mine (in these regulations referred to as a First Class Manager’s Certificate);
- 91. (b) Manager’s second class certificate of competency to manage a metalliferous mine (in these regulations referred to as a Second Class Manager’s Certificate); (c) Surveyor’s certificate of competency to survey the workings of a mine (in these regulations referred to as a Surveyor’s Certificate); (d) Mine Foreman’s certificate of competency to carry out inspections and duties as required under these regulations (in these regulations referred to as a Forman’s Certificate); (e) Mining Mate’s certificate of competency to carry out inspections and duties as required under these regulations (in these regulations referred to as a Mate’s Certificate); 1[(f) winding engineman’s I Class certificate (in these regulations referred to as a First Class enginedriver’s Certificate) to drive a winding engine of any type or class or of such type or class or of such type or class or types or classes as may be specified in the certificate; (g) winding engineman’s II class certificate (in these regulations referred to as a Second Class enginedriver’s Certificate) to drive a winding engine of any type or class or of such type or class or of such type or class or types or classes as may be specified in the certificate; (h) Blaster’s certificate of competency to fire shots in a metalliferous mine (in these regulations referred to as a Blaster’s Certificate); and (i) Certificate of competency to test for the presence of inflammable gas (in these regulations referred to as a Gas-testing Certificate) : Provided that 2[any of the certificates aforesaid, other than an Engine Driver’s Certificate and a Gas-testing Certificate] may be restricted to mines having open-cast workings only and this fact shall be endorsed on the certificate. 13. Examinations and Examiners. – (1) Certificates of competency shall be granted to successful candidates after such examination and in such form as the Board may prescribe : 3[Provided that the Board may, subject to the conditions to b specified in the bye- laws framed for the purpose, exempt any person 4****** from appearing at the examination or part thereof for the grant of a certificate referred to in regulation 12] 1[Provided further that the Board may, for a period of five years from the date of coming into force of the Metalliferous Mines (Amendment) Regulations, 1977 and subject to such conditions as may be prescribed in the bye-law made by the Board for the purpose, exempt any person, possessing such experience or such qualifications or both in
- 92. mining as may be approved by the Board in this behalf, from appearing at the examination or part thereof for the grant of a certificate referred to in regulation 12.] (2) The examinations shall be held at such times and at such centres as may e fixed by the Board, and shall be conducted by examiners appointed by the Board. (3) The examiners so appointed shall be subject to the orders of the Board in respect of all matters relating to the conduct of the examinations, and shall receive such remuneration as the Board, with the sanction of the Central Government, may fix. (4) The Board may make 2bye-laws as to the conduct of the examinations and as to the granting o certificates of competency and of fitness as required under these regulations, and shall, so far as may e practicable; provide that the standard of knowledge required for the grant of certificates of any particular class and the standard of medical fitness shall be uniform throughout the territories to which these regulations extend. Every bye-law made by the Board under this regulation shall be published in the Official Gazette; and no such bye-law shall have effect until three months after the date on which it was so published. 14. Submission of applications – (1) Applications for an examination conducted by the Board shall made on a form supplied for the purpose. (2) Notice regarding the date and place of the examinations for the Manager’s and Surveyor’s certificates shall be published under the order of the Board, in such periodicals as the Board may direct, not less than 60 days prior to the date fixed by the Board for receiving applications. The closing date for receipt of applications shall not be less than 60 days prior to the date fixed for the examination. 15. Age and general qualifications etc. of candidates – (1) (a) No person shall be admitted as a candidate at any examination held by the Board unless he is 3[20 years of age]. (b) No person shall be admitted as a candidate at any examination for a Manager’s, Surveyor’s, Foreman’s, Mate’s or Blaster’s Certificate unless he holds a valid first-aid certificate or the standard of the St. John Ambulance Association (India): Provided that if any candidate satisfied the Board that he has not had sufficient opportunity to obtain such first-aid certificate, the Board may admit him to the examination on such conditions, if any, as it thinks fit to impose. (d) Every application for any examination as aforesaid shall be accompanied by :- (i) A certificate of age granted by a Gazetted Officer or by the head master of a school or a Higher Secondary or equivalent standard;
- 93. Provided that in the case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted as evidence of age; (ii) a medical certificate obtained not more than two year prior to the date of this application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon, or from a Certifying Surgeon certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficiency of his work; and (iii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate. (2) 1[After the 31st December, 1961] no person shall be admitted as a candidate at any examination for a Manager’s or Surveyor’s Certificate unless he has passed the matriculation examination of a recognised university, or its equivalent, and for a Foreman’s, Mate’s Engine-driver’s or 2[Blaster’s] Certificate unless he satisfies the Board that he is literate : 3[Provided that nothing in this sub-regulation shall be deemed to debar a person, not satisfying the provisions thereof, from being admitted at such an examination after the said date, if he had been admitted at a similar examination before that date]. 4[(3)(a) No person shall be admitted as a candidate of an examination for a Manager’s or Foreman’s Certificate, which is not restricted to mines having opencast working only, unless he has obtained a Mate’s certificate not so restricted and a Gas-testing Certificate and no person shall be admitted as a candidate at an examination for Manager’s or foreman’s Certificate restsricted to miens having opencast workings only, unless he has obtained a Mate’s Certificate; Provided that this clause shall not apply – (i) to a candidate for a Manager’s Certificate, if he already holds a Foreman’s Certificate granted under regulation 22 or 23; and (ii) to a candidate for a Manager’s First Class Certificate, if he already holds a Manager’s Second Class Certificate granted under regulation 22 or 23. (b) Notwithstanding anything contained in clause (a), if a candidate satisfied the Board that he did not have sufficient opportunity to obtain a Mate’s or Gas-testing Certificate, the Board may admit him to the examination for a Manager’s or Foreman’s Certificate on such conditions if any, as it may think fit to impose]. 16. Practical experience of candidates for Manager’s Examinations – (1) No person shall be admitted as a candidate at any examination for a First or Second Class Manager’s
- 94. Certificate (other than an Exchange or Service Certificate to which the provisions of Regulations 22 and 23 respectively apply), unless he has satisfied the Board that he has had practical experience in a metalliferous mine for a period of not less than five and three years respectively : Provided that – (a) in the case of a candidate who has received 5[a diploma or degree in mining or mining engineering or other equivalent 6[qualification] approved in that behalf by the Central Government, such period shall be reduced to three and two years, respectively; and (b) in the case of a candidate who has received 5[a certificate, diploma or degree in applied geology, civil, mechanical or electrical engineering, or other equivalent 6[qualification] approved in that behalf by the Central Government, such period shall be reduced to four and two and a half years, respectively. (2) The nature of the practical experience required of a candidate for a Manger’s Certificate shall be experience approved by the Board and gained in one or other of the following capacities in a metallifeous mine having an average employment of not less than 60 in workings belowgroud or not less than 160 in all in the mie 7[or in such other 8(mines) as the Boad may approve in this behalf] – (a) as a workman, or a mining apprentice having direct practical experience of getting ore and of store work, timbering and repairing ; or (b) as an official in respect of mining operations : 9[Provided that out of the period of experience required under sub- regulation(1) from candidates for the examination of – (i) First Class Manager’s Certificate, not restricted to mines having opencast workings only, a period of not less than eighteen months should have been spent in the working below ground of a mine. (ii) Second Class Manager’s Certificate, not restricted to mines having opencast workings only, a period of not less than twelve months should have been spent in the working below ground of a mine. 10[Provided further that the Board may approve a part of the period of the experience gained while engaged in inspection, rescue, research, planning or any other work, connected with mining operation, so however, that, the aforesaid period shall not, inclusive of the period of experience in coal mines approved under regulations 19, exceed one year in case of 1[Second Class] and one and half years in a First Class Manager’s Certificate].
- 95. 2[17. Practical experience of candidates for Surveyor’s Examination – No person shall be admitted as a candidate at any examination for a Surveyor’s Certificate unless he has satisfied the Board that he has had not less than two year’s practical experience of surveying of a type approved by the Board, In case of candidates for a certificate which is not restricted to mines having opencast workings, the said experience shall include practical experience for a period of not less than six months of surveying the workings belowground of a mine having an average employment of not less than 60 in workings below ground or such other mines as the Board may approve in this behalf : Provided that the aforesaid period of two years shall be reduced to six months in case of candidate who has received a certificate, diploma or degree in mining or mining engineering, mine surveying, or civil engineering or other equivalent qualification approved in that behalf by the Central Government, subject, however, to the condition that in case of a candidate for a certificate which is not restricted to mines having opencast workings, the said six months experience should have been gained in workings below ground of a mine as aforsiad.] 3[18. Practical experience of candidates for Mate’s and Blaster’s Examinations. (1) No person shall be admitted as a candidate at any examination for a Mate’s Certificate unless the Board is satisfied that he has had practical experience and training in a metalliferous mine for a period of not less than three year : Provided that the said period shall be reduced – (a) to two years in the case of a candidate who has received a diploma or certificate in mining subjects or other equivalent qualification after a course of at leas two years’ duration approved in that behalf by the Central Government 4[or who received has a degree in applied geology or in civil, mechanical or electrical engineering or other equivalent qualification approved in that behalf by the Central Government] ; and (b) to one year in the case of a candidate who has received a diploma or degree in mining or mining engineering or other equivalent qualification approved in that behalf by the Central Government . (2) No person shall be admitted as a candidate at any examination for a Blaster’s Certificate unless the Board is satisfied that he has had practical experience and training in a metalliferous mine for a period of not less than two years, of which not less than six months shall be experience and training in connection with shot- firing : Provided that the said period shall be reduced : (a) to one year (including not less than four months in shot-firing) in the case of a candidate who has received a diploma or certificate in mining subjects or other equivalent qualification
- 96. after a course of at least two years’ duration approved in that behalf by the Central Government 4[or who has received a degree in applied geology or in civil, mechanical or electrical engineering or other equivalent qualification approved in that behalf by the Central Government] and (b) to six months (including not less than two months in shot- firing) in the case of a candidate who has received a diploma or degree in mining or mining engineering or other equivalent qualification approved in that behalf by the Central Government. (3) The nature of practical experience required of candidates for the aforesaid examinations shall be experience of such a type as may e approved by the Board.] 19. Approval of experience of candidates for Engine-drive’s Certificates. – In the case of a candidate part of whose experience has been obtained in a coal mine, the period of practical experience in a metalliferous mine as prescribed in 6[regulations 16,17 and 18] may be reduced by the Board to such an extent and subject to such conditons as it may specify. 20. Practical experience of candidates for Engine-driver’s Certificate – No person shall be admitted as a candidate at any examination for an Engine-driver’s Certificate unless he has satisfied the Board that he has had practical experience of driving a winding engine or as an assistant to a qualified winding enginedriver for a period of at least one year : Provided that no person shall be permitted to appear at any examination for a I Class Engine Driver’s Certificate unless he holds a II Class Engine Driver’s certificate. 1[21 Examination fees – (1) Fees on the following scale shall be paid in respect of every application for admission to an examination :- Rs (a) in the case of an examination for a First Class Manager’s Certificate 50 (b) in the case of an examination for a IInd Class Manager’s Certificate 30 (c) in the case of an examination for a Surveyor’s Certificate 20 (d) in the case of an examination for a Foreman’s Certificate 20 (e) in the case of an examination for a Mate’s Certificate 10 (f) in the case of an examination for a I Class Engine Driver’s Certificate 20 (g) in the case of an examination for a IInd Class Engine Driver’s Cert. 10 (h) in the case of an examination for a Blaster’s Certificate 6 (i) in the case of an examination for a Gas testing’s Certificate 4 (2) The Chief Inspector may permit the refund of any fee paid under sub-regulation (1) where the candidate has died before the examination or where the fee has been erroneously paid.
- 97. (3) Except as aforesaid examination fee paid shall not once be refundable. 22. Exchange Certificates – (1) The Board may grant to any person holding a Manger’s Surveyor’s, Overman’s or Foreman’s, Sirdar’s or Mate’s or Engine-driver’s or shotfirer’s or Blaster’s Certificate granted under any Act for the regulation of mines for the time being in force in any other country, a certificate of similar class under these regulations if he 2[ possesses such practical experience and] passes such examination as the Board may stipulate : Provided that a candidate fo the grant of a Manger’s Exchange Certificate shall also satisfy the Board that he has undergone, for a period of not less than six months, a course of practical training in India in the manner and in the mines approved by the Chief Inspector for the purpose. Before the commencement of his practical training in India as aforesaid, every such candidate shall submit to the Chief Inspector an application in a form supplied for the purpose. (2) The Board may grant to any person holding a certificate referred to in sub- regulation (1) granted under the Coal Mines Regulations made under the Act a similar certificate under these relations if he 3[possesses such practical experience and] passes such examination as the Board may stipulate : 4[Provided that the Board may, subject to such conditions as it may specify, exempt any person from appearing at the examination or part thereof, for the grant of an Exchange Certificate]. 5[(2-A) An Exchange Certificate other than a Winding Engine drive’ or Blaster’s Certificate granted under sub-regulation (1) or (2) may be restricted to mines having open-cast working only, and in such a case the certificate shall contain an endorsement to that effect]. (3) Every application for the grant of an Exchange Certificate under this regulation shall be accompanied by : (i) a medical certificate obtained not more than two years prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical likely to interfere with the efficient discharge of his duties ; and (ii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate. (4) Fees on the scale laid down in regulation 21 shall be paid in respect of every examination under the regulation.
- 98. 23. Service Certificate – (1) The Board may grant, until such 5date as may be notified by the Central Government for the purpose in the Official Gazette without written examination; (a) a Manager’s Certificate to any person – 1(i) who has attained the age of 35 years and wo satisfied the Board that he has worked, for a period of not less than eight years in the case of an applicant for First Class Manger’s Certificate and six years in the case of an applicant for the Second Class Manager’s as an Assistant Manager, underground manager, or manager or in any capacity accepted by the Board as equivalent or superior thereto in the planning, control and direction of mining operations of metalliferous mines of of a type approved by the Board if he passes a viva voce examination in such subjects as the Board may specify ; or] 2[(I-A) who has attained the age of thirty years and has received a diploma or certificate in mining or mining engineering or an Honours or a Master’s Degree in Geology or other equivalent qualification, approved in the behalf by the Central Government, if he satisfied the Board that he has had such practical experience as complies with the provisions of sub-regulation (2) of regulation 16 for a period of not less than eight years, in the case of a First Class Manager’s Certificate and six years, in the case of Second Class Manager’s Certificate and if he passes a viva voce examination in such subject as the Board may stipulate : Provided that practical experience for period of not less than three of the eight years in the case of a First Class Manager’s Certificate and for a period of not less than two of the six years in the case of Second Class Manager’s Certificate shall be in the capacity of an assistant manager or under manager or manager or in a capacity accepted by the Boards are equivalent or superior thereto in the control and direction of mining operation in mins of a size approved by the Board]; (iii) who has attained the age of 25 years and has received 3[a diploma, certificate or degree in mining engineering, applied geology, civil, mechanical, or electrical engineering or other equivalent qualification] 4approved in this behalf by the Central Government, if he satisfied the Board that he has had practical experience of the nature approved by the Board for periods of not less than five years for a First Class Manager’s Certificate and three years for a Second Class Manager’s Certificate and if he passes a viva voce examination in such subjects as the Board may stipulate : Provided that not less than two years and one year respectively, of the said practical experience shall have been obtained in metalliferous mines in India;
- 99. For the purpose aforesaid only such experience shall be approved, as complies with the provisions of regulation 16(2), or is experience in the capacity of a manager or in a superior capacity in the control and direction of mining operations ; 5[(b) a Foreman’s, Mate’s or Blaster’s Certificate to any person– (i) who has attained the age of 25 years and who satisfies the Board that he has worked in the capacity of mine foreman, a mining mate or a blaster, as the case may be, in a metalliferious mine in India for a period of not less than three years in the case of a certificate restricted to miens having open-cast workings only and not less than four years in case of a certificate not so restricted and has passed such viva voce examination as the Board may stipulate; (ii) who has attained the age of 23 years and has received a diploma or certificate in mining or mining engineering or other equivalent qualification approved under sub-clause (iA) of clause (a) or a degree in geology from any recognised university, if he satisfied the Boad that he has had such practical experience for a period of not less than two years in the case of a certificate restricted to mines having open-cast workings only and not less than three years in the case of a certificate not so restricted as has been specified in sub-regulation(2) of regulation 16 or in the capacity of a manager or in a capacity accepted by the Board as equivalent or superior thereto in the planning, control and direction of mining operations in metalliferous mines of a type approved by the Board and if he passes such viva voce examination as the Board may stipulate; or (iii) who has attained the age of 21 years and has received a diploma, certificate or degree in mining engineering, applied geology, civil, mechanical or electrical engineering or other equivalent qualification approved under sub-clause (ii) of clause (a), if he satisfied the Board that he has had such practical experience for a period of not less than one year in the case of a certificate restricted to mines having open-cast workings only and not less than two years in the case of a certificate not so restricted as has been specified in sub-regulation (2) of regulation 16 or in the capacity of a manager or in a capacity accepted by the Board as equivalent or superior thereto in the planning, control and direction of mining operation in metalliferous mines of a type approved by the Board and if he passes such viva voce examination as the Board may stipulate].
- 100. (2) Any Service Certificate granted under sub-regulation (1) may be restricted to miens having open-cast workings only; and this fact shall be endorsed on the Certificate. (3) Every application for the grant of a Service Certificate under this sub- regulation shall be accompanied by : (i) a certificate of age granted by a Gazetted Officer of the Central Government or by the head-master of a school of a Higher Secondary or equivalent standard or by a qualified medical practitioner no below the rank of a Civil Assistant Surgeon ; Provided that in case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted as evidence of age ; (ii) a medical certificate obtained not more than two years prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficient discharge of his duties; and (iii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate. (4) Fees on the scale laid down in Regulation 21 shall be paid in respect of every examination under this regulation. 24. Service Certificate for Surveyors. – (1) The Board may grant, until such date as may be notified by the Central Government for the purpose in the Official Gazette, a Surveyor’s (restricted to metalliferous mines) to any person – (i) 1[who has attained the age of 30 years and who satisfied the Board that he has worked as surveyors of metalliferous mines in India for a period not less than six years, and has had practical experience in surveying of the nature approved by the Board, if he passes such viva voce examination as the Board may stipulate; or] (ii) who has attained the age of 25 years and has received 1[certificate, diploma or degree in mining, mining engineering, mine surveying or civil engineering or other equivalent 2qualification] approved in this behalf by the Central Government, if he satisfied the Board that he has had practical experience in surveying of the nature approved by the Board for a period of not less than two years (including not less than six months in the workings belowground of a metalliferous mine in India) and if he passes such viva voce examination as the Board may stipulate.
- 101. [NOTE- Any service certificate granted under this sub-regulation may be restricted to mines having opencast workings only, and such restriction shall be endorsed on the certificate]. (2) Every application for the grant of a Service Certificate under this sub-regulation shall be accompanied by : (i) a certificate of age granted by a Gazetted Officer of the Government or by the head-master of a school of a Higher Secondary or equivalent standard or by a qualified practitioner not below the rank of a Civil Assistant Surgeon : Provided that in case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted as evidence of age; (ii) a medical certificate obtained not more than two years prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficient discharge of his duties; and (iii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate. (3) Fees on the scale laid down in Regulation 21 shall be paid in respect of every examination under this regulation. 25. Validity of old Certificates – Any Engine-driver’s or Blaster’s Certificate granted under the Mysore Gold Mines Regulations, which is valid at the commencement of these regulations shall be deemed respectively to be the equivalent of an Engine-driver’s or Blaster’s Certificate granted under these regulations. 26. Duplicate Certificates – If any person proves to the satisfaction of the Board that he has, without any fault on his part, lost or been deprived of a certificate granted to hi, under these regulations, the Board may, upon realisation of the following fees and subject to such terms and conditions as it thinks fit, cause a copy of the certificate to be delivered to him – (a) in the case of a Manager’s or Surveyor’s Certificate Rs. 5 (b) in the case of any other certificate Rs. 2 The word “DUPLICATE” shall be stamped across every such copy.
- 102. 27. Certificates to be delivered to the manager. – When the holder of a Foreman’s, Mate’s, Engine-driver’s, Blaster’s or Gas-testing certificate is employed in a mine in a capacity which requires the possession of the said certificate, he shall deliver such certificate to the manager of the mine in which he is for the time being employed. The manager shall deliver to him a receipt for the same; and shall retain the certificate in the office at the mine so long as the holder thereof is so employed, and shall return it to him on his ceasing to be so employed. 28. Court of Enquiry into fitness of a person to hold a Manager’s or Surveyor’s Certificate. –(1) If a person who is the holder of a Manager’s or Surveyor’s Certificate, has been convicted of an offence made punishable under the Act with fine which may extent to RS. 500 or more or with imprisonment, or if it appears to the Central Government that he is unfit to continue to hold such a certificate by reason of incompetence or misconduct in the performance of his duties under the Act of under these regulations, the Central Government may appoint a Court to hold an inquiry to determine as to whether or not such person is fit to continue to hold such certificate. (2) The following provision shall have effect with respect to the constitution and procedure of the Court holding an enquiry :- (a) The court shall consist of a person or persons appointed by the Central Government and may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed. (b) The Central Government may pay to the person or persons constituting the Court and to any assessor appointed to assist the Court, such remuneration and allowances as it may fix. (c) The inquiry shall be public and shall be held at such place as the Central Government may appoint. (d) The central Government may appoint any person to undertake the management of the case. (e) The Central Government shall, before the beginning of the inquiry, furnish to the person whose fitness to continue to hold a certificate to be inquired into, a statement of the case on which the inquiry is instituted. (f) The said person may appear at the inquiry either in person or by counsel, solicitor or agent approved by the Court, and may give evidence or call such witnesses as he thinks fit. (g) If a majority of the persons constituting the Court thinks fit, the person whose conduct is under inquiry may be required to deliver up his certificate at any time before or during the inquiry; and such person shall be bound to comply with such requisition, unless he shows to the satisfaction of theCourt sufficient cause to the contrary. (h) The Court shall, for the purpose of the inquiry, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of enforcing the attendance of witnesses and compelling the production of registers, plans, sections, reports and other records and
- 103. material objects; and any person required as aforesaid to attend or to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code, 1860 (45 of 1860). (i) The Court, for the purpose of the inquiry, may exercise such of the powers of an Inspector under the Act as it may think necessary or expedient. (j) The Court shall, subject to the foregoing, have powers to regulate the procedure of the inquiry and to adjourn it from time to time. (k) A person appearing as a witness before the Court may be paid by the Central Government such expenses as would be allowed to a witness attending a civil or criminal court. (l) As the conclusion of the inquiry, the Court shall send to the Central Government a report containing a full statement of the case together with its opinion thereon, note of dissent, if any, submitted by the assessor or assessors and such account of or extracts from, the evidence as it may think fit; and if it considers that the certificate in question should be cancelled of suspended, it shall add a recommendation to the effect. Where the Court consists of more than one person, knot including the assessors(s), and there is disagreement between the members of the Court, a dissentient from the opinion of the majority may forward a separate report to the Central Government with a statement of his recommendations. (3) The Central Government may, on the recommendation of the Court, cancel or suspend a certificate; and if it does so the fact of such cancellation or suspension shall be notified in the Official Gazette and if the certificate or a duplicate thereof granted under regulation 26, is produced, be endorsed upon it. 1[29. Suspensionof Certificate of Foreman, Mate, Engine driver, Blaster or Gas testing. – (1) If the Regional Inspector is of the opinion that the holder of a certificate of Foreman, Mate, Engine-driver, Blaster or Gas testing is incompetent or is guilty of negligence or misconduct in the performance of his duties, he may hold an enquiry to determine whether or not such a person (hereinafter referred to as the delinquent) is to continue to hold such certificate. (2) During such enquiry he shall record, - (a) any evidence that the delinquent may like to give; (b) the evidence of any witness that the delinquent may like to produce; (c) the evidence of the Manager of the mine; and (d) any other evidence that may be considered necessary or relevant by the Regional Inspector. Unless the delinquent fails to be present inspite of sufficient notice, the evidence aforesaid shall be recorded in the presence of the delinquent and he shall be given
- 104. a reasonable opportunity to cross-examine the witnesses (other than those produced by him.). The Regional Inspector also may cross-examine the delinquent and the witnesses produced by him. (3) If as a result of the enquiry the Regional Inspector is of the opinion that the delinquent is not fit to hold the certificate, he shall, within fifteen days from the date of the conclusion of his enquiry, submit a report to the Chairman of the Board together with his findings, notes of evidence recorded during the enquiry and other relevant records. After considering such report, evidence and records, the Chairman may without any further reference to the Board suspend the certificate of the delinquent for a period not exceeding three months. (4) Where the Chairman is of the opinion that the suspension of the certificate for a period exceeding three months or its cancellation is called for, he shall recommend to the Board accordingly together with the findings of the Regional Inspector, the notes of evidence and other relevant records. A copy of such communication addressed to the Board together with the copies of the notes of evidence and the findings of the Regional Inspector shall also be sent to the delinquent who may submit his written representation within thirty days from the date of receipt of such copies. (5) The Board may, after considering the evidence and other records and the written representation, if any, submitted by the delinquent, either increase the period of suspension or cancel the certificate as it deems fit. (6) Where a certificate is suspended or cancelled under this regulation, the Chairman of the Board may call for such certificate and make suitable endorsement threreon.]. 30. Validity of Foreman’s, Mate’s, Engine-driver’s, Blaster’s and Gas testing Certificates, - (1) (a) No Foreman’s , Mate’s, Engine-driver’s, Blaster’s shall remain valid for a period of more than five years unless the certificate bears an endorsement by the Regional Inspector to the effect that the holder thereof has, within the preceding five years, been examined and certified by a qualified medical practitioner appointed by the Chief Inspector to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficient discharge of his duties. (b) An application in respect of an examination of fitness in pursuance of clause(a) shall be made to the Chief Inspector, accompanied by a fee of 2[fifteen rupees]. 3[(2) (a) A medical examination undergone in accordance with rule 29B of the Mines Rules, 1955 shall also be deemed to be an examination for the purpose of sub-regulations(1). (b)The application for endorsement on a certificate by the Regional Inspector shall be accompanied by the certificate of fitness granted in terms of rule 29B of the Mines Rules, 1955 and a fee of five rupees.].
- 105. 31. 4[Retirement age for Managers and Official etc. – (1) No person shall act as a manger or an official or a blaster or a winding engine man in a mine after attaining the age of 60 years unless he has obtained, within the preceding one year, a medical certificate of fitness certifying him fit to carry out the duties prescribed for him in the Act and in the regulations and orders made thereunder : Provided that if the Chief Inspector or the Regional Inspector is of the opinion that a person as aforesaid though less than 60 years’ of age, is medically unfit to carry on the duties prescribed for him in the Act and in the regulations and orders made thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing, exceeding three months as he may specify therein; and no such person shall continue to act in any capacity as aforesaid after the period so specified unless he has obtained a medical certificate of fitness. (2) The medical certificate of fitness as aforesaid shall be obtained from such authority and in such manner and after the payment of such fees as the Board may prescribe. 1[31. A. Right of the workers’ representative to inspect the register maintained under the Mines Rules 1955 – The register maintained in Form ‘B’ under the Mines Rules, 1955 shall be made available for inspection to a workers’ representative duly authorized by the persons employed in the mine on an application made by him in his behalf]. CHAPTER IV – Inspection and Mine Officials 32. Qualifications of Inspectors – (1) After the coming into force of these regulations, no new person shall be appointed as Chief Inspector unless he holds a degree or diploma in mining engineer of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under these regulations. (2) After the coming into of these regulations, no person shall be appointed as in Inspector unless he holds a degree or diploma in mining engineering of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under these regulations: Provided that – (i) in relation to electrical machinery installed in mines, a persons holding a degree or diploma in electrical engineering of an educational institution approved by the Central Government may be so appointed; (ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a degree or diploma in mechanical engineering of an educational institution approved by the Central Government may be so appointed; and (iii) in relation to the provisions of the Act and of the regulations, and of orders made thereunder, which relate to matters concerning the health and welfare of persons, a person holding a degree or diploma in medicine, surgery, and/or social science or labour welfare, as the case may be, of an educational institution approved by the Central Government 2[or a person holding such other qualifications as the Central Government may approve in this behalf] may be so appointed.
- 106. 3* * * * * * * 4[33. Definition – For the purpose of these regulations – (a) all ex cavations within the mine boundary and all premises, plants, machinery and works as specified in clause (j) of sub-section (1) of section 2 of the Act shall collectively constitute the mine; (b) the expression, “average employment” of any mine, means the average per day during the preceding quarter of the total employment in all excavations and specified ancillary facilities within the specified mine boundaries (obtained by dividing the number of man days worked by the number of working days excluding the restdays and other non-working days.] 34. Qualifications and appointment of managers – (1)(a) No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly appointed and having such qualifications as are required by these regulations. (b) No person shall act or be employed as a manager unless he is 23 years of age and is paid by, and is directly answerable to, the owner or agent of the mine. (2) Except as hereinafter provided in sub-regulation (6), and subject to the p rovisions of sub-regulation (3), no person shall act or continue to act, or be appointed, as manager of a mine or mines the average employment of which corresponds to the figures given in column (I) of the table below unless he holds the corresponding qualifications given in column (ii) thereof : (i) (ii) (a) In excess of 150 in workings belowground or of 400 in all the mine (b) In excess of 75 but not exceeding 150 in workings below ground, or in excess of 150 but not exceeding 400 in all in the mine. (c) In any other case …….. A First Class Manager’s Certificate A First or Second Class Manager’s Certificate A First or Second Class Manager’s Certificate or a Managers permit granted under sub-regulation (5). Provided that no person shall act or continue to act, or be appointed, as manager of a mine or mines where work is being carried on by a system of deep-hole blasting and/or with the help of heavy machinery for the digging, excavation and removal, etc., of earth, stone, mineral or other material unless h e holds a first class manager’s certificate : Provided further that where special conditions exist, the Chief Inspector may, by an order in writing, direct that in the case of any such mine as is referred to in clause (b) of the table, the manager thereof shall be the holder of a First Class Manager’s Certificate, and that in the case of any such mine as is referred to in clause (c) of the table, the manager thereof shall be the holder of a First or Second Class Manager’s Certificate: Provided further that if any mine undertaking consists of two or more separate mines and if, in the opinion of the Chief Inspector, they are not sufficiently near to one another to permit of daily personal supervision being exercised by one manager, he may, by an order in writing, require the appointment of a separate manager for each of such mines.
- 107. (3) Where under the provisions of sub-regulation (2) a person holding a First or Second Class Manager’s Certificate has been appointed as manager, a person holding lower qualifications shall not, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be so appointed during the succeeding twelve months, notwithstanding any reduction in the average output of the mine. (4) No person shall act, or be appointed, as manager of more than one mine except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. No such permission shall have effect for a period exceeding 12 months, unless renewed. The Chief Inspector may at any time, by an order in writing, vary or revoke any such permission in the circumstances under which the permission was granted have altered or the Chief Inspector finds that the manager has not been able to exercise effective supervision in the mines under his charge. (5)(a) The Chief Inspector may, after holding such examination as he may deem necessary and subject to such conditions as he may specify therein grant to any person holding a Forman’s Certificate, a permit (in these regulations referred to as Manager’s Permit) authorised such person to act as the manager of any specified mine, the average employment of which does not exceed 75 in workings below ground or 150 in all in the mine. (b) A Manager’s Permit shall be valid only for such period, not exceeding 12 months as may be specified therein. The Chief Inspector may renew any Manager’s Permit for further periods not exceeding 12 months at a time. (c) A fee of Rs.10 shall be payable in respect of every application for the grant of a Manager’s Permit. No fee shall be charged for renewal thereof. (d) The Chief Inspector may, by an order in writing, after giving the holder of such permit an opportunity to make his representation, cancel a Manager’s Permit. (6) The Chief Inspector may, by an order in writing, and subject to such conditions as he may specify therein, authorise any person whom he considers competent, being appointed to act as manager of any mine or mines for a specified period, notwithstanding that such person does not possess the qualifications prescribed in that behalf by sub-regulation (2); and may by a like order revoke any such authority at any time. (7)(a) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder, the owner, agent or manager shall authorise in writing a person whom he considers competent to act as manager of the mine: Provided that – (i) such person holds a Manager’s or Forman’s Certificate; (ii) no such authorisation shall have effect for a period in excess of 30 days, except with the previous consent in writing of the Chief Inspector and subject to such conditions as he may specify therein; nor without a like consent shall a second authorization be made to take effect upon the expiry of the first. The Chief Inspector shall not permit any such authorisation to extend over a period exceeding 60 days unless the persons holds such qualifications specified in sub-regulation (2); (iii) the owner, agent or manager, as the case may be, shall forthwith send by registered post to the Chief Inspector and the Regional Inspector a written notice intimating that such an authorisatio n has been made, and stating the reason for the authorisation, the qualifications and experience of the person authorised, and the date of the commencement and ending of the authorisation; and (iv) the Chief Inspector or the Regional Inspector may, except in the case of a persons possessing the qualifications specified in sub-regulation (2), by an order in writing, revoke any authority so granted.
- 108. (b) The persons so authorised shall, during the period of such authorisation, have the same responsibilities discharge the same duties, and be subject to the same liabilities as the manager. (8)(a) No manager shall vacate his office without giving due notice in writing to the owner or agent at least 30 days before the day on which he wishes to vacate his office: Provided that the owner or agent may permit the manager to vacate his office after giving a shorter notice. (b) No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved by a duly qualified person as prescribed under sub-regulation (2). (c) Nothing in sub-regulation (7) shall confer on the owner, agent or manager the right to authorise during any period of such notice, any person not duly qualified to manager the mine under sub-regulation (2), to act as the manager except in case of illness or other causes over which the manager has no control, or except with the previous written permission of the Chief Inspector and subject to such conditions as he may specify therein: (d) A copy of every such notice and authorisation shall forthwith be sent to the Chief Inspector and to the Regional Inspector by registered post. (9)(a) The owner or agent shall provide suitable residential accommodation for the manager and the under- manager or assistant manager within a distance of three miles from all mine openings; and every manager, under manager and assistant manager shall reside in the accommodation so provided: Provided that where special difficulties exist which render compliance with these provisions not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the same. (b) No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any work, which will necessitate his frequent or prolonged absence from the mine. (c) If any doubt arises as to any matter referred to in the foregoing clauses of this sub -regulation, it shall be referred to the Chief Inspector for decision. (10) No manager shall act as agent or under manager or assistant manager or in any other supervisory capacity in another mine, 35. Appointment of assistant managers or underground managers – In every mine the average employment of which exceeds 450in working below ground or 1,200 in all in the mine, the manager shall be assisted by assistant managers and/or underground managers on the following scale: Average employment Number of assistant managers and/or underground managers Upto 600 workings belowground, or 1,600 in all in the mine. One In excess of 600 workings belowground, or 1,600 in all in the mine One additional assistant manager or underground manager, for every additional 500 persons employed belowground or 800 in all in the mine, or part thereof, for a period of five years from the commencement of the Regulations, and thereafter, for every 300 additional persons employed belowground or 800 in all in the mine or part thereof: Provided that in a mine where the average employment exceeds 1200 in workings belowground or 3,200 in all in the mine, at least one of the assistant managers or underground managers as aforesaid shall hold a First Class Manager’s Certificate:
- 109. Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of assistant managers or underground managers in variation with these provisions. NOTE. – For the purpose of this regulation, the expression “assistant manger or underground manager” shall include persons such as safety officers who hold equivalent qualifications. 36. Appointment of engineers – (1) At every mine where machinery is used, an engineer or other competent person not less than 23 years of age shall be appointed to hold general charge of such machinery, and to be responsible for its installation, maintenance and safe working. Provided that nothing in this sub-regulation shall be deemed to ;prohibit the employment of two or more engineers or competent persons at one mine so long as the jurisdiction and sphere of responsibility of every such engineer or competent person is defined by the manager in his letter of appointment : Provided further that after such date as the Central Government may notify in this behalf in the Official Gazette, no person (unless he holds 1[a degree or diploma in mechanical engineering or equivalent qualification] approved for the purpose by the Central Government) shall, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be appointed in an open cast mine worked by heavy earth-moving machinery in which the aggregate h.p. of all the machinery used exceeds 750, or in any other mine in which the aggregate h.p. of all the machinery used exceeds 250.or shall continue to act asan engineer or competent person as (2) A notice of every such appointment, giving the name and full particulars of the qualifications and experience of the person so appointed, shall be sent to the Regional Inspector within seven days of such appointment : (3) No person shall undertake the duties of an engineer of more than one mine without the previous permission in writing of the Regional Inspector and subject to such conditions as he may specify therein. The Regional Inspector may at any time, by an order in writing, vary or revoke such permission. (4)Where by reason of temporary absence by any cause, the engineer, or competent person appointed under sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he considers competent to act in his place: Provided that – (a) notice of every such authorisation shall be sent to the Regional Inspector forthwith; (b) no such authorisation shall have effect for a period in excess of 30 days except with the previous written consent of the Regional Inspector and subject to such conditions as he may specify therein; and (c) the Regional Inspector may by an order in writing, revoke any authority so granted. 37. Appointment and qualifications of senior officials – (1)(a) At every mine, one or more overman shall be appointed to hold charge of the different districts of the mine on each working shift. (b) The mine or district assigned to a Forman shall not be of such a size, nor shall any additional duties other than his duties under thes e regulations be such, as are likely to prevent him from carrying out in a thorough manner the duties prescribed for him under these regulations and in case any doubt arises as to the foregoing duties it shall be referred to the Chief Inspector for decision. (2) Every person employed under sub-regulation (1) (a) as an official subordinate to the manager or to an assistant manager or underground manager and superior to the Mining Mate shall hold either a Manager’s Certificate or an Forman’s Certificate. 38. Appointment of surveyors – (1) At every mine having workings belowground and at such other mines or classes of mines as may be notified from time to time by the Central Government a person not less than
- 110. 23 years of age and holding a Surveyor’s Certificate shall be appointed to be the Surveyor for carrying out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder. Provided that nothing in this sub-regulation shall be deemed to prohibit the employment of two or more surveyors at one mine so long as the jurisdiction and sphere of responsibility of each of the surveyors is defined by the manger in his letter of appointment. (2) A notice of every such appointment giving the name and full particulars of the qualifications of the person so appointed, shall be sent to the Regional Inspector within seven days of such appointment. (3) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same mine, without the previous permission in writing of the Regional Inspector and subject to such conditions as may be specified therein. The Regional Inspector may, by an order in writing, revoke such permission if the circumstances under which it was granted have altered or the Regional Inspector finds that the surveyor has not been able to carry out satisfactorily the work allotted to him. 39. Appointment of Officials and competent persons – (1)(a) The owner, agent or manager shall appoint such number of competent persons, including officials and technicians as is sufficient to secure, during each of the working shifts – (i) adequate inspection of the mine and the equipment thereof; (ii) a thorough supervision of all operations in the mine; (iii) the installation, running and maintenance, in safe working order, of all machinery in the mine; and (iv) the enforcement of the requirements of the Act and these regulations and orders made thereunder: Provided that if the Regional Inspector finds that those appointed are inadequate, he may require the appointment of such number of additional competent persons by the owner, agent or manager as he considers necessary. (b) Without prejudice to the requirement of clause (a), where the mine is worked on more than one shift, the owner, agent or the managers shall arrange that during the afternoon shift and the night shift, the mine is under the general supervision or an undermanager or assistant manager, if any, and of an experienced mine forman in other cases. (2) It shall be the responsibility of the manager to see that the persons so appointed are competent to perform the duties assigned to them. No person shall be so appointed unless he is paid by the owner or agent and is answerable to the manager. (3) Copies of all appointments made under sub-regulation (1) shall be entered in a bound-paged book kept for the purpose. A list of all such competent persons shall also be maintained. (4) Without prejudice to the requirements of sub-regulation (2), every manager on taking over charge of a mine, shall satisfy himself that all persons already appointed under sub-regulation (1) are competent to perform the duties assigned to them; and if he finds them competent, he shall either countersign their authorisations or issue fresh ones. 40. General Management – (1) The owner, agent and manager shall provide for the safety and proper discipline of persons employed in the mine. (2) Except in a case of emergency, no person who is not an official or a competent persons shall give, otherwise that through the manager, instructions to a person employed in a mine, who is responsible to the manager.
- 111. CHAPTER-V : Duties and Responsibilities of Workmen, Competent Persons and Officials, etc. 41. Duties of persons employed in mines – (1)(a) Every person shall strictly adhere to the provisions of the Act and of the regulations and orders made thereunder, and to any order or direction issued by the manager or an official with a view to the safety or convenience of persons not being inconsistent with the Act and these regulations; nor shall be neglect or refuse to obey such order or directions. (b) No persons shall interfere with, impede or obstruct any person in the discharge of his duties, nor shall he offer or render any service, or use any threat, to any other person with a view to preventing him from complying with the provisions of the Act and of the regulations, and orders made thereunder or from performing his duties faithfully. If any person who receives any such offer or threat, fails to inform the manager forthwith, he shall also be guilty of a breach of these regulations. (2) Every person shall, immediately before proceeding to work and immediately after terminating work at the end of his shift, have his name recorded in the register maintained under section 48(4) of the Act. In case of workings belowground, he shall get his name recorded every time he proceeds belowground or returns to the surface. (3) No person shall go below ground unless he wears a hat of a type approved by the Chief Inspector. (4)(a) No person shall, except with the authority of an official, remove or pass through any fence, barrier or gate, or remove or pass any danger signal. (b) Subject to any directions that may be given by an official, no person shall, except for some justifiable purpose, go into any part of the mine other than that part in which he works, or travels to or from his working place by any roadway other than the proper travelling roadway. (5) No person shall, while on duty, throw any stone or other missile with intent to cause injury, or fight or behave in a violent manner. (6) Every person receiving any injury in the course of his duty shall, as soon as possible report the same to an official who shall arrange for the necessary first-aid to the injured person. (7) No person shall sleep whilst on duty. (8)(a) No person shall test for inflammable gas with a naked lamp, or brush or waft out inflammable gas. Should any person having a flame safety lamp find himself in the presence of inflammable gas, he shall not throw the lamp away or attempt to blow it out; but shall shelter it, hold it near the floor, avoid jerking it, and take it steadily into fresh air. Where the cannot take it into fresh air, he shall smother out the light or extinguish it in water. [(b) No person shall, when trying examining for the presence of inflammable gas with a flame safety lamp, raise the lamp higher than may be necessary to allow the presence of inflammable gas to be detected. (c)Every person using a safety lamp shall take proper care of it and shall not place it within 0.6 metre of the swing of any tool except in the case of a lamp which is actually worn, attached to the body of such person. In the case of a flame safety lamp he shall not place it on the floor unless it is necessary to do so for the safe performance of any particular work; and is the lamp becomes damaged, he shall at once carefully lower the flame until it is extinguished, and shall, at the first opportunity, report the damage to his superior official. (9) Subject to the provisions of the Act and of these regulations and orders made thereunder, no person shall remain in a mine beyond the period over which his shift extends.
- 112. 42. Duties of competent persons – Every competent person shall be responsible for the duties assigned to him. He shall be subject to orders of superior officials, and shall not – (a) depute another person to perform his work without the sanction of his superior official; (b) absent himself without having previously obtained permission from such official for the term of his absence or without having been relieved by a duty competent person; and (c) without permission from such official, perform during his shift any duties other than those for which he has been appointed. 43. Duties of officials – (1) Every official shall carry out the duties assigned to him by the manager, under- manager or assistant manager in accordance with the provisions of the Act and of the regulations and orders made thereunder. (2) Every official shall, to the best of his power, see that persons under his charge understand and carry out their respective duties properly. 44. Duties and responsibilities of managers – (1)(a) In every mine daily personal supervision shall be exercised by the manager; and in case of workings belowground, he shall visit and examine the workings belowground on at least four days in every week to see that safety in every respect is ensured. Of these inspections one at least in every fortnight shall be made during the night shift : Provided that I the case of a mine where an assistant manager or underground manager holding a First Class Manager’s Certificate is employed in compliance with the first provisio to regulation 35 and visits and examines the workings belowground on not less than five days in every week, it shall suffice if the manager visits and examines the workings belowground on not less than two days in every week: Provided further that when owing to any unavoidable cause the manager or the assistant manager or under ground manager aforesaid is unable to carry out the aforesaid duties or inspections, he shall record the reason for the same in the book kept under clause (b). (b) The manager, the undermanager and the assistant manager, if any, shall each maintain, in a bound paged book kept for the purpose, a diary; and shall record therein the result of each of his inspections and also the action taken by him to rectify the defects mentioned, if any. (2) The manager shall make arrangements for all overmen and other officials to meet him or an undermanager, or assistant manager once in every working day for the purpose of conferring on matters connected with their duties. (3)(a) The manager shall see that a sufficient supply of proper materials and appliances for the purpose of carrying out the provisions of the Act and of the regulations or orders made thereunder and for ensuring the safety of the mine and the persons employed therein, is always provided at the mine; and if he be not the owner or agent of the mine, he shall report in writin g to the owner or agent when anything is required for the aforesaid purpose, that is not within the scope of his authority to order. A copy of every such report shall be recorded in a bound-paged book kept for the purpose. (b) On receipt of a requisition under clause (a) the owner or agent shall take immediately and also shall, within three days of receipt of the requisition, inform the manager in writing of the action taken . (4) The manager shall assign to every competent his particular duties, shall on his appointment make over to him a copy of the regulations, rules and bye-laws and of any orders made thereunder which affect him, and shall take all possible steps to ensure that every such person understands, carries out and enforces the provisions therein contained in a proper manner. (5) The manager shall provide every overman with a tracing, upto the date of the last survey, showing the workings of the district belowground assigned to him. Where any work of reduction or extraction of pillars
- 113. is being carried out, such tracing shall show clearly the order in which such reduction or extraction is to be carried out. (6) The manager shall examine all reports, registers and other records required to be made or kept in pursuance of the Act or of the regulations, or orders made thereunder, and shall countersign the same and date his signature. He may, however, by an order in writing, delegate this duty an undermanager or assistant manager except in cases where a specific provision is made requiring the manager to countersign a report or register. (7) The manager shall give attention to, and cause to be carefully investigated, any specific representation or complaint that may be made to him in writing by an employee of the mine as to any matter affecting the safety or health of persons in or about the mine. (8) When any accident, resulting in serious bodily injury to any person or in loss of life, occurs in a mine, the manager shall inspect the site of accident as soon as possible, and shall also either himself or through an undermanager or assistant manager, have an inquiry made into the cause of and circumstances attending the accident. The result of every such enquiry and a plan of the site of the accident showing details, shall be recorded in a bound paged book kept for the purpose. (9) The manager shall perform such other duties as have been prescribed in that behalf under the Act, the regulations, or orders made thereunder. (10) The manger may suspend or take such disciplinary action against any employee for contravention of any of the provisions of the Act, these regulations or orders made thereunder. 45. Duties and responsibilities of assistant mangers or underground manager – (1) The assistant manager or underground manager shall carry out the duties assigned to him by the manager, and shall see that in the part of the mine assigned to him by the manager, all work is carried out in accordance with the provisions of the act and of the regulations and orders made thereunder. (2) The assistant mangers or underground manager shall, subject to the orders of the manager, visit and examine the workings under his charge, or part thereof, on every working day. (3) The assistant mangers or underground manager shall, from time to time, carefully examine every travelable part of the mine or part thereof placed under his charge, whether frequented by workpersons or not. (4) In the absence of the manager, assistant mangers or underground manager shall have the same responsibility, discharge the same duties and be subject to the same liabilities as the manager, but not so as to exempt the manager therefrom. 43. Duties and responsibilities of mine – The mine foreman or other competent person appointed under regulation 37(1) shall strictly observe the following provisions, namely – (1) (a) Subject to the orders of superior officials, he shall have responsible charge and control of such part of the mine, and shall carry out such duties, as may be assigned to him by the manager. (b) In the case of working belowground he shall, while on duty, carry a tracing of the workings of such district and shall keep the tracing up-to-date. (c) He shall, in his district, make the inspections and reports required by these regulations.
- 114. (2) (a) He shall be responsible to see that the subordinate officials and competent persons in his district carry out their respective duties in a proper manner. (b) He shall, to the best of his power, enforce in his district the provisions of the Act, of these regulations and orders made thereunder, and shall, subject to the control of the manager and the underground manager, assistant manager, if any, give such directions as may be necessary to ensure compliance with those provisions, and to secure the safety of the district and the safety and proper discipline of the persons employed therein. (c) He shall have power to send out of the mine any person under his charge infringing or attempting to infringe any provision of the Act or of the regulations or orders made thereunder, or failing to carry out any direction given with regard to safety; and shall report in writing any such infringement or attempted infringement or failure to the manager. (3) He shall see that sufficient supplies of timber brattice and other necessaries required for the safe working of his district are kept in convenient places therein. (4) (a) He shall see that every air-crossing, stopping, door, brattice and other ventilation device is maintained in good order. (b) He shall, in his district, see that the ventilation is effective; and when brattices or air pipes are required to be used for the ventilation of the working places, he shall see that they are kept sufficiently advance to ensure that an adequate amount of air reaches every such working place. (5)(a) He shall see that all tracks and tramlines are properly laid, graded, ballasted or otherwise packed. (b) He shall see that the manholes on the haulage roadways are kept safe, clear of any obstruction, and properly white-washed. (c) He shall see that the stop-blocks, runway switches and other safety devices are fixed and used as required under the regulations, that drag or back-stays are provided and regularly used behind tubs ascending declines and that a sufficient supply of suitable sprags is provided where tubs are loaded on a gradient or lowered down a gradient by hand. (d) He shall, if he finds any of the ropes, chains, signals, brakes, jig wheels and post or other apparatus in use in his district to be in an unsafe condition, stop the use of the same forthwith. (6) He shall be responsible to see that except for the purpose of inspection, examination and repairs every person other than an official or a haulage attendant travels by the travelling roadway. (7) He shall give prompt attention to the removal of any danger observed or reported to him, and shall see that dangerous places are adequately fenced off. (8) He shall, under the direction of the manager, see that approved safety lamps are used and naked lights excluded wherever and whenever danger from inflammable gas is apprehended. (9)(a) He shall devote the whole of his time to his duties and shall visit each working place in his district as often as may be necessary or possible. (b) He shall not, except for justifiable cause, leave the district in his charge until he had finished the inspections required under these regulations and any other duties that he is required to perform, or until relieved by a duly appointed substitute. (c) He shall, if the mine is working in a continuous succession of shifts, confer with the official succeeding him and give him such information as may be necessary for the safety of his district and of persons employed therein.
- 115. (10) He shall, at the end of his shift, record in a bound-paged book kept for the purpose a general report on the performance of all his duties during the shift, including anything concerning the proper working of the mine and the safety and discipline of persons employed in his district. 47. Duties and responsibilities of mining mates – Every mining mate or other competent person appointed under regulation 116 shall strictly observe the following provisions, namely :- (1)(a) Subject to orders of superior officials, he shall have responsible charge and control of the district of the mine assigned to him by the manager or the assistant manager or underground manager. (b) He shall take reasonable means to ensure the proper observance of the requirements of the Act and of the regulations, and orders made thereunder by persons under his charge and shall, as soon as practicable, report any contravention thereof to his superior official. (2)(a) He shall make such inspection and reports as are required by these regulations, and in making such examination, he shall pay particular attention to edges of the goaf, if any, for checking supports. (b) Except in the case of a mine working in a continuous succession of shifts, he shall, on completion of the first inspection of the district, proceed to the station appointed under regulation 116 and instruct all persons as to their places of work and as to any special precautions necessary to be observed by them. (c) If he finds any person in a place other than the one assigned to him, he may order such person out of the mine, and shall forthwith report the matter to his superior official. (d) He shall ensure that no inexperienced person is employed on any work except under the supervision of an experienced person. (3)(a) He shall see that all travelling roadways to, and working places in, his district are made and kept secure. (b) He shall report to his superior official any deficiency in timber, appliances and other necessaries required for the safe working of the district. (4) Where either of the two ways affording means of egress from the district to the surface is not ordinarily used for travelling, he shall travel, once at least in every seven days, the whole of such way in order to make himself thoroughly acquainted with the same. (5)(a) If he observes any dangerous place during the course of his inspections or if any danger at a place where workpersons are employed is reported to him, he shall, if the danger cannot be removed forthwith withdraw all persons from such place and shall not leave the place until the danger has been removed in his presence or all approaches to the place have been fenced off so as to prevent persons from inadvertently entering such place. (b) He shall take care that any dangerous operation is carried out with due precaution, and in such cases shall be present throughout whenever any work of clearing falls of ground and setting of supports therein is being carried out. (c) He shall cause the entrance to every place which is not in actual use or in course of working or extension, to be fenced across the whole width, so as to prevent persons from inadvertently entering such place. (d) If he finds any accumulation of inflammable or noxious gases, he shall carry out the provisions of regulations 141 and shall not remove such accumulation until he has received instructions in that behalf from his superior official.
- 116. (6) He shall, on receipt of information of an accident to any person in his district, proceed at once to the place of accident, inspect the place and, if required, supervise the rescue operations, and shall report or send notice of the accident to the manager or assistant manager or underground manager. (7)(a) He shall devote the whole of his time to his duties, and shall not leave the district under his charge until the end of the shift or until relieved by a duly appointed substitute. (b) If the mine is worked by a continuous succession of shifts, he shall, before leaving his district, confer with the sirdar or competent person succeeding him, and shall acquaint him with all matters requiring his personal attention and give him such other information as may be necessary for the safety of his district and of the persons employed therein. 48. Duties and responsibilities of blasters – Every blasters shall – (a) carry out his duties in accordance with the provisions of the regulations and of any orders made thereunder with respect to the transport and use of explosives; (b) be responsible for the observance by his assistants, if any, of such provisions and of any direction with a view to safety which may be given to them by a superior official; (c) not hand over any explosives to any unauthorised person; (d) see that clay, sand or other suitable stemming material is available in sufficient quantities at convenient places; (e) be present when shots are being charged and stemmed; and shall himself fire the shots; and (f) be responsible, when a shot has misfired, for seeing that the place is adequately fenced, and that the provisions of regulations 167 are strictly observed. 49. Duties of timberman – Every timberman shall carry out the orders of the manager, assistant manager or underground manager, foreman, mining mate or other competent person with respect to the securing of hangwall, footwall and back(roof). He shall at once report to the sirdar or other competent person any shortage of timber in his district. He shall also be responsible to see that woodcuttings are not left in any working belowground. 50. Duties of attendants of main mechanical ventilators – Every person in charge of the main mechanical ventilator shall – (a) keep the ventilator running at the speed fixed by the manager; (b) examine the machinery and observe the pressure-recorded or water gauge and the speed-indicator at intervals of not more than one hour, and shall, enter the readings of the indicator in a bound-paged book kept for the purpose at the fan-house; (c) immediately report to his superior official any stoppage of, damage to, or defect or derangement in the machinery, or any unusual variation in the water-gauge or other indicators; shall also immediately report to him any unusual circumstances in regard to m ine ventilation which may come to his notice; and (d) where the ventilator is continuously operated, shall not leave his post until received by a duly appointed substitute. 51. Duties of lamp -room incharges – Every competent person in charge of a safety lamp-room– (a) shall be responsible for ensuring that all lamps in the safety lamp -room are properly maintained in accordance with the provisions of the regulations;
- 117. (b) shall see that the safety lamp -room is kept in a neat and tidy condition, and that all damaged and defective gauges, glasses and other parts of safety lamps are not kept or stored in such room; (c) shall see that fire extinguishers or other means of dealing with fires provided in the safety lamps room are in good condition and readily available for use; (d) shall see that all records required by the regulations for the issue, return and maintenance of safety lamps are properly maintained; and (e) shall carry out such other duties relating to the maintenance, issue and return of safety lamps as may be specified by the manager or the undermanager or assistant manager. 52. Duties and responsibilities of surveyors – (1) Every surveyor shall – (a) make such accurate surveys and levellings, and prepare such plans and sections and tracings thereof, as the manager may direct or as may be required by the Act or by the regulations or orders made thereunder, and shall sign the plans, sections and tracings and date his signature; and (b) be responsible for the accuracy of any plan and section, or tracings thereof that has been prepared and signed by him. (2) The surveyor shall record in a bound-paged book kept for the purpose – (a) the full facts when workings of the mine have approached to about 75 metres from the mine boundary, or from disused or waterlogged workings; (b) any doubts which may exists concerning the accuracy of the plans and sections prepared under these regulations; and (c) any other matter relating to the preparation of the plans and sections that he may like to bring to the notice of the manager. Every entry in the book shall be signed and dated by the surveyor and countersigned and dated by the manager : Provided that where in any mine two or more surveyors are employed, each of the surveyors shall make the entries aforesaid in respect of the workings in his jurisdiction or of the plans and sections in his charge. (3) Nothing in sub-regulation (2) shall absolve the owner, agent or manager of his responsibility under the Act and under these regulations or orders made thereunder. 53. Duties and responsibilities of engineers – The engineer or other competent person appointed for the purpose – (a) shall, subject to the orders of the manager and other superior official, hold general charge of all machinery at the mine; and shall be responsible for the proper installation, maintenance and safe working of such machinery; (b) shall, when any machinery is shifted or newly installed, see that it is given a trial run before it is put into use and shall be present during every such trial run; (c) shall be present throughout whenever any work is installing, changing or recapping of any winding rope, or of installing changing or annealing any suspension gear, is being carried on; (d) shall see that the provisions of the Act and of the regulations and orders made thereunder relating to the installation, maintenance, operation or examination of machinery are properly carried out by himself or by subordinate officials, competent persons or workpersons as the case may be, appointed for the purpose; and (e) shall, if mechanics, electricians or other subordinate officials or competent persons are appointed for the purpose, examine all reports, registers and other records relating to the installation, maintenance, operation or examination of machinery required to be made or kept in pursuance of the Act, these regulations or orders made thereunder, and shall countersign the same and date his signature. 54. Duties of winding enginemen – (1) At the beginning of his shift the winding engineman shall examine the engine, brakes and all appliances in his charge, and shall satisfy himself that they are in good working order.
- 118. (2) Every winding engineman shall during his shift keep the winding engine and apparatus connected therewith properly cleaned and oiled, and shall see that the engine room is clean and free of inflammable material. (3) The winding engineman shall immediately report in writing to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, brake, indicator, drum, rope or other appliances under his charge. (4)The winding engineman shall not allow any unauthorised person to enter the engine room or in any way to interfere with the engine. (5) Every winding engineman shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals; and shall not start the engine until he has received the proper signal to do so. If the signal is indistinct, he shall not start the engine until it has been repeated and he clearly understands it. (6) The winding engineman shall avoid jerk in starting, running and stopping the engine, and shall cause the cage or other means of conveyance to be brought gently to rest at any stopping place. (7) While persons are being lowered or raised in the shaft, the winding engineman shall not drive the engine at a speed higher than that fixed by the manager for manwinding purposes and approved by the Regional Inspector by an order in writing. (8) The winding engineman shall not unclutch the drum of his engine until he has assured himself immediately beforehand by testing the brake of the drum against the full power of the engine that the brake is in proper condition to hold the load suspended from the said drum. When the drum is unclutched, he shall use the brake only for th epurpose of maintaining such drum stationery, and shall not lower men or materials from an unclutched drum. (9) The winding engineman shall on no pretext leave the handle or brake whilst the engine is in motion, or while persons are riding a cage or other means of conveyance in the shaft. (10) The winding engineman shall not leave the engine whilst persons are at work in the shaft. Whenever he has occasion to leave the engine, he shall secure the drums with the brake and cut off the power. (11) The winding engineman of a winding engine by wich persons are lowered or raised in a shaft, shall not leave the engine at the end of his shift unless all the persons have come out of shaft or unless relieved by a duly appointed substitute. 55. Duties of banksmen, bellmen and signalmen. – (1) Every banksman, bellmen and sig nalmen, as the case may be, shall observe the following provisions, - (a) He shall, subject to the orders of a superior official, have full control of the top or bottom of shaft and the inset, as the case may be and shall report to such official any person who, without authority, gives a signal or disobeys instructions. (b) He shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals, and shall properly transmit the signals by the means provided. He shall not act on any signal the correctness of which he is in doubt, except a signal which he believes to be “to stop”. He shall not allow any unauthorised person to give signals. (c) He shall immediately report to his superior official any defect in the signalling installation.
- 119. (d) He shall devote the whole of his time of duties, and shall not leave his post during the period of his duty. Where persons are raised or lowered in the shaft, he shall not leave his post at the end of his shift unless all the persons have come out of the shaft or unless relieved by a duly appointed substitute. (e) He shall not allow more than the authorised number of persons to enter the case or other means of conveyance at any one time. (f) He shall not, unless specially authorised in writing by the manager in that behalf, allow any persons when riding in a cage or other means of conveyance, to take with him any bulky material other than tools and instruments: Provided that nothing in this clause shall be deemed to prohibit the carrying, in a cage or other means of conveyance, the explosives by a blaster or other competent person. (g) After any stoppage of winding for repairs or for any other cause for a period exceeding two hours, he shall not allow any person to ride in the cage or other means of conveyance unless it has been run at least one complete trip up and down the working portion of the shaft. (h) He shall not allow any person to ride on the top or edge of any cage or other means of conveyance except when engaged in examination, repair or any other work in the shaft. (i) He shall, after persons have entered the cage, see that the cage gates on both sides are in position and closed, before signalling for the cage to be lowered or raised. (j) He shall not allow any unauthorised person to handle tubs in or out of the cage. While tubs are being lowered or raised, he shall also see that the catches are holding the tubs properly before signalling the cage or other means of conveyance away. If he notices any defect in the tub-catches, he shall immediately inform his superior official. (k) He shall not, at any entrance into a shaft or inset which is provided with gates or fences not worked by the cage or other means of conveyance, begin to remove the gate or fence until the cage or other means of conveyance has stopped at the entrance, and shall close the gate before he has signalled the cage or other means of conveyance away. He shall not permit any unauthorised person to open or interfere with the gate. (l) He shall see that all fences and gates provided at the top of the shaft or at any inset are in position. (m) He shall not permit any unauthorised person to remove a fence or gate; and if he notices any defect in such fence or gate he shall immediately inform his superior official. (n) He shall keep the top of the shaft or the inset and the floor of every cage free from loose material. (o) He shall, when long timber, pipes, rails or other material projecting over the top of a cage or other means of conveyance are lowered or raised, see that the projecting ends are securely fastened to the rope, chains or bow. (p) He shall, when he suspects that the cages are not working smoothly in the shaft or when he hears anything unusual happening in the shaft while the winding engine is working, immediately give signal to the winding engineman to stop the engine. (2)(a) At the beginning of his shift, the banks man shall see that the keps are in proper working order. (b) The banksman, when he is informed of any danger in the shaft, shall not allow any person to descend except for the purpose of examination or repair; and during the time that such examination or repair is going on, shall be on duty and listen for signals.
- 120. (c) The banksman shall not permit any person descending the shaft to carry any intoxicating drink or drug, or allow any intoxicaed person to descend. (3)Where the manager so directs by an order in writing the banksman or the bellman, as the case may be, shall also carry out the duties of a signalman. 56. Duties of haulage enginemen, brakesmen, and signallers. – (1) At the beginning of his shift, the haulage engineman shall examine the engine, its brake and all appliances in his charge, and shall satisfy himself that they are in good working order. (2) The haulage engineman shall, during his shift, keep the haulage engine and apparatus connected therewith properly cleaned and oiled, and the engine-room clean and free of inflammable material. (3) The haulage engineman and banksman shall report immediately to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, drum, rope or other appliances under his charge. (4) Whenever the haulage engineman has occasion to leave the engine, he shall cut off the power ands secure the engine with the brake. (5) The haulage engineman, brakesman and signaller shall not allow any unauthorised person to enter the engine-room or in any way to interfere with the engine or signal, as the case may be. (6) Every haulage engineman, brakesman and signaller shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals. The haulage engineman shall not start the engine until he has received the proper signal to do so. If the signal is indistinct, he shall not start the engine until it has been repeated and he clearly understands it. (7) The person in charge at the top of any haulage plane or incline shall see that the stop-block are blocking the way, before allowing any tub to be brought on to the tope landing; and shall cause the tubs to be securely coupled up to each other and to the rope or chain, before the stop block is opened. In case any alternative safety appliance is provided, he shall cause the same to be brought into use on every such occasion. (8) The person who is responsible for the attachment, to the haulage rope, of any tub or set of tubs at any stopping place on any haulage plane or incline, shall see that no person remains in a position of danger at or near such stopping place while the rope is in motion. (9) The person in charge of any tubs or set of tubs, which it is intended to sent up any haulage plane or incline on which drags or back-stays are required to be used, shall securely fix the drag or back-stay or cause it to be so fixed, before such tub or set of tubs is set in motion. (10) The person in charge at the top or bottom of the incline shall see that no unauthorised person rides on any tub or haulage rope. (11) Before a train of side-tipping tubs is set in motion, the person in charge shall see that the safety catches of all such tubs are properly secured. 57. Duties of Locomotive drivers and shunters – (1) The locomotive driver shall, before commencing work in his shifts, ensure that the audible signal and the brakes of the locomotive are in proper working order. (2) The locomotive driver shall not work the on locomotive except during hours of daylight, unless the locomotive is fitted with sufficient headlights as prescribed.
- 121. (3) The locomotive driver shall immediately report to the engineer or other competent person appointed for the purpose any defect which he has noticed in the locomotive or any part or fitting thereof. (4) The locomotive driver shall not set the locomotive in motion until audible warning has been given by him to persons whose safety may be endangered. He shall also give the audible warning when the locomotive is approaching a level crossing or any place where any person is at work or where the driver’s sight is intercepted. (5) The locomotive driver shall not leave a locomotive unattended away from the places where it is housed, unless he has ensured that it cannot be set in motion by any unauthorised person. (6) The locomotive driver shall ensure that no unauthorised person drives, handles or raised on a locomotive. (7) When tubs or wagons are being pushed in front of the locomotive, the shunter shall accompany the leading wagon. 58. Duties of magazine incharge – Every magazine incharge – (a) shall, subject to the orders of superior officials, be responsible for the proper receipt, storage an issue of explosives in and from the magazine; (b) shall maintain such records of explosives so received, stored and issued, as are required by the rules made under Indian Explosives Act, 1884, and under the Act and under the regulations, rules, byelaws and orders made thereunder; (c) shall not issue explosives to any person other than a competent persons; and when explosives are returned to the magazine, shall re-issue such explosives before issuing fresh stock; (d) shall record in abound-paged book kept for the purpose the names of various competent persons and the quantity and nature of explosives issued to each of them; and shall similarly record the quantity and nature of explosives returned to the magazine by each such person; (e) shall securely lock each canister before issuing it to the competent persons and shall also check whether the canister is returned to the magazine in locked condition; he shall not issue explosives in any canister which is not in proper repair or which cannot be securely locked; (f) shall not allow any unauthorised person to enter the magazine; and (g) shall, if he discovers any shortage of explosives in the magazine forthwith inform the manager in writing. 59. Duties of register keepers and attendance clerks, etc. – (1) Every person appointed to keep registers or other records required by or under the Act and the regulations and any orders made thereunder, or to make entries therein, shall make the necessary entries in ink and with reasonable despatch. (2) During the whole time that persons are at work, the attendance clerk shall remain on duty at attendance cabin which shall be provided near the workplaces, or in case of workings belowground, near the outlet used by the workpersons to enter and leave such workings. (3) No person who is not an employee of the mine or is not entitled to enter the mine under the Act or under the regulations, or orders made thereunder, or is not so authorised by the manager, shall enter the mine. It shall be the duty of the attendance clerk to see that no such person enters the mine; if any such person forcibly enters the mine, the attendance clerk shall immediately report the matter in writing to the manger. (4) If after the commencement of a shift any official or a competent person has not got his attendance recorded in the register maintained under section 48(4) of the Act, the attendance clerk concerned shall, within two hours after the commencement of the shift, report the fact in writing to the Manager, or the under manager or assistant manager of other official in charge of the shift.
- 122. CHAPTER-VI : Plans and Sections 60. General requirements about mine plans and sections – (1) Every plan or section prepared or submitted in accordance with the provisions of the regulations shall – (a) show the name of the mine and of the owner, and the purpose for which the plan is prepared; (b) show the true north, or the magnetic merid ian and the date of the latter; (c) show a scale of the plan at least 25 centimeters long and suitably subdivided; (d) unless otherwise provided, be on a scale having a representative factor of (i)200 : 1, in case of mica mines and other mines having small scale workings below ground; (ii) 2,000 : 1, in case of mines having large open cast workings and also in case of surface plans of large leasehold areas ; and (iii) 1,000 : 1, in other cases. Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or required the plans to be prepared on any other suitable scale; and (e) be properly inked in or durable paper or on tracing cloth, and be kept in good condition. (2) The conventions shown in the Second S chedule shall be used in preparing all plans and sections required by the regulations. (3) The plans and sections shall be accurate within such limits or error as the Chief Inspector may specify by a general or special order. (4) The plans and sections required under these regulations shall be maintained up-to- date within three months except in case of open-cast workings in respect of which it shall suffice if the plans are maintained up-to-date within 12 months : Provided that where any mine or part is proposed to be abandoned or the working thereof to be discontinued or rendered inaccessible, the plan and section shall be brought up-to-date before such abandonment or at the time of discontinuance; as the case may be, unless such abandonment or discontinuance has been caused by circumstances beyond the control of the owner, agent or manager, in which case the fact that the plan or section is not up-to-date shall be recorded on it. (5)Plans and sections required to be maintained under the regulations shall be kept available for inspection in the office at the mine, and shall not be removed therefrom except by or with the approval in writing of the Regional Inspector, unless a true copy thereof has been kept therein. 61. Types of plans and sections – (1) The owner, agent or manager of every mine shall keep the following plans and sections : (a) A surface plan showing every surface feature within the boundaries, such as telephone, telegraph or power transmission line, watermain, tram-line, railway, road, river, watercourse, reservoir, tank, bore - hole, shaft and incline opening, opencast working, subsidence and building on the surface. (b) An underground plan showing : (i) the position of the workings of the mine belowground; (ii) every bore-hole and shaft (with depth),drive cross cut, winze, rise, excavation (stopped ground) and every tunnel and air passage connected therewith;
- 123. (iii) every pillar or block of mineal left for the support of any structure on the surface; and underground magazines, if any; (iv) every important surface feature within the boundaries, such as railway, road, river, stream, watercourse, tank, reservoir, opencast working and building which is within 200 metres of any part of the workings measured on the horizontal plane; (v) the general strike of the veins, lodes, reefs an mineral beds or deposits; (vi) the position of every dyke, fault and other geological disturbance with the amount and direction of its throw; and (vii) an abstract of all statutory restrictions in respect of any specified workings with a referred to the order imposing the same. Whatever this plan is brought up-to-date the then position of the workings shall be shown by dotted line drawn through the ends of the workings and such dotted line shall be marked with the date of the last survey. Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, approve any other method of showing the up-to-date position of the working of the mine. (c) A transverse section or sections of the workings through the shaft or shafts and main adits indicating clearly the surface and the dips of the vein, lode, reef or mineral bed or deposit at different points; and such sections of the strata sunk or driven through in the mine or proved by boring, as may be available. (d) A vertical mine section or sections showing a vertical projection of the mine workings, where a reef, vein, lode or mineral bed or deposit has an average dip of more than 30 degrees from the horizontal; (e) A ventilation plan, and section where necessary, showing the system of ventilation in the mine, and in particular – (i) the general direction of air-current; (ii) every point where the quantity of air is measured; (iii) every air-crossing, ventilation door, stopping and every other principle device for the regulation and dis tribution of air; (iv) every fire-stopping and its serial number; (v) every room used for storing inflammable material; (vi) the position of fire-fighting equipment; (vii) every water-dam with dimensions and other particulars of construction; (viii) every pumping, telephone and ambulance station; and (ix) every haulage and travelling roadway. (f) A water-danger plan and section showing : (i) the position of the working belowground; an every borehole ans shaft (with depth), drive, crosscut, winze, rise, excavation and air passage connected therewith; (ii) the position of every dyke, fault and other geological disturbance with the amount and direction of its throw; (iii) levels taken in workings belowground at easily identifiable points sufficient in number to allow of the construction of sections along all drives, mainheadings and haulage roadways; (iv) every source of water such as river, stream, water-course, reservoir, water-logged opencast workings on the surface, and also the outline of all water-logged workings belowground lying within 60 metres of a ny part of the workings measured in any direction ; (v) every reservoir, dam or other structure, either above or belowground, constructed to withstand a pressure of water or to control in inrush of water, along with reference to its design and other details of construction; (vi) surface contour lines drawn at vertical intervals not exceeding five metres (or ten metres in the case of a mine where there are no working belowground ; or in cases of mines
- 124. situated in hilly terrain, such other larger interval as th Regional Inspector may permit by an order in writing and subject to such conditions as he may specify) over the whole area lying within 200 metres of any pat of the workings; and (vii) the highest flood level of the area. All levels taken above and belowground shall be referred to a plane in relation to a bench mark which shall be established on the surface in the mine. Particulars of this bench mark, together with its height above the Mean Sea Level, shall be shown on the plans and sections maintained under this clause. (g) A geological plan of the area of leasehold, on a suitable scale specified or approved by the Chief Inspector by a general or special order in writing. (2) where different reefs, lodes, veins or mineral beds or deposits overlie or run parallel to one another, the workings or each reef, lode, vein or mineral bed or deposit shall be shown on a separate plan and/or longitudinal section or sections; so however that if two reefs, lodes, veins or mineral beds or deposits are so situated in relation to each other than the parting between workings made therein is less than 10 metres at any place, such workings shall also be shown on a combined plan and/or longitudinal section , as the case may be in different colours. (3)(a) (i) The plans kept under clauses (a) and (b) of sub-regulation (1) shall also show the settled boundary of the mine, or where the boundary is in dispute, the boundaries claimed by the owner of the mine and by the owners of the mines adjacent to the disputed boundary : Provided that where it is not possible to show the complete boundary of leasehold on the same plan, an additional key plan or any other suitable scale showing such boundaries and the outline of the workings shall also be maintained. (ii) The plans required to be kept under clause (b) of sub -regulation (1) shall also show the workings both above and belowground of all adjacent mines as are situated within 60 metres, measured on any plane, of the boundary claimed by the owners of the mines. The position of these workings also shall be maintained up-to-date within three months, or 12 months if permitted under regulations 60(4) (iii) The plans required to be kept under clause (b) of sub-regulation (1) shall also, on every occasion that the workings are brought up-to-date in compliance with the provisions of clause (ii) of this sub-regulation, be signed by the surveyor and the manager of every adjoining mine having workings within 60 meters of the common boundary (or where the boundary is in dispute, within 60 metres of the boundary claimed by the owner of the mine) signifying the correctness of the common boundary, or the disputed boundaries as the case may be, and of the position of the workings in relation to one another. (b) The owner, agent an manager of every mine shall give all reasonable facilities to the surveyors of its adjacent mine to carry out the surveys and levellings required to be made under this sub-regulation. (4)(a) The Regional Inspector may, by an order in writing, require such additional details to be shown on the plans and sections required to be kept under these regulations, or the preparation and maintenance of such other plans and sections showing such details and on such scale and within such time as he may specify in the order. (b) The Regional Inspector may, by an order in writing, require the owner, agent or manager to submit to him within such time such plans and sections, or tracings thereof, as he may specify in the order.
- 125. (c) The owner, agent or manager shall, at any time if required by the Regional Inspector, show on any plan or section the then position of the workings of the mine. 62. Copies of plans and sections to be submitted – The owner, agent or manager shall, on or before the 30 April of every year, submit to the Chief Inspector two up-to-date copies of the plans and sections maintained under clauses (b) , (c) and (d) of regulation 61(1). The provisions of this regulation shall be deemed to have been complied with if the owner, agent or manager gets the copies of plans and sections submitted hereunder during the previous years brought up-to-date at his own expense. 63. Plans and sections to be submitted after abandonment or discontinuance – (1) Where any mine (or in case of a mine to which regulation 142 applies, any part thereof) is abandoned or the working thereof has been discontinued over a period exceeding four months, the person who was the owner of the mine at the time of abandonment or discontinuance shall, within 30 days after the abandonment or within five months after the discontinuance of the workings, as the case may be, submit to the Chief Inspector two true copies of the up-to-date plan and section of the workings of the mine or seam or section maintained under clauses (b), (c) and (d) of regulation 61(1). Every such copy shall show the bearing and distance of at least one of the shafts or openings of the mine from a trijunction or revenue pillar or from any other prominent and permanent surface feature, the position of all water-dams built belowground (with their dimensions and other particulars of construction) and also the spot levels at the ends of the workings: Provided that if a change of ownership occurs after the abandonment or discontinuance and before the expiry of the 30 days or five months aforesaid, as the case may be, such plans and sections shall be submitted forthwith. (2) The original or a certified true copy of the plan and section submitted under sub-regulation (1) shall be kept in the office at the mine. (3) The Chief Inspector may, on such conditions as he thinks fit to impose, and on payment of the cost of preparing copies as determine by him, supply copies of a plan or section submitted to him under sub- regulation (1) or such parts thereof as he thinks fit - (a) to any person having a bona fide interest in the mine, seam or section; (b) to the owner, agent or manager of an adjacent mine. 64. Survey instruments and materials – The owner or agent shall provide accurate and reliable survey instruments and materials for the proper carrying out of all survey and levelling work and for the preparation of plans and sections required under these regulations; and no other instruments shall be used in connection with any such survey or levelling work. 65. List of plans, sections and instruments and their storage – (1) All plans and sections, and tracings or copies thereof, kept at the mine shall be serially numbered or suitably indexed. (2) Suitable arrangements shall be made at every mine for the proper storage and maintenance of every plan and section of all instruments and m aterials. Such arrangements shall, unless otherwise permitted by the Chief Inspector by an order in writing an subject to such conditions as he may specify, provide for flat storage of every plan and section maintained under clauses (b), (c) and (d) of regulation 61(1). (3) Every field book and other notes used in the preparation of plans and sections required under these regulations shall be duly indexed and kept in the office at the mine. (4) A list of all plans and sections maintained under these regulations, or any orders made thereunder, and tracings or copies thereof; of all survey instruments provided under regulation 64 with their respective types specifications and identification numbers; and of all field books and other notes kept under sub- regulation (3) shall be kept in a bound paged book kept for the purpose, and shall be brought up-to-date
- 126. whenever necessary. Every entry in the book shall be signed and dated by the surveyor, and countersigned and dated by the manager. 66. Preparation of Plans by Surveyors – (1) Every plan and section, and tracing thereof, prepared under these regulations shall be prepared by or under the personal supervision of a surveyor appointed under regulation 38. (2) Every plan or section, or any part thereof, prepared by or under the supervision of a surveyor shall carry thereon a certificate by him to the effect that the plan or section or part thereof is correct; and shall be signed and dated by the surveyor and countersigned and dated by the manager on every occasion that the plan or section is brought up -to-date. (3) Every tracing of a plan or section or of any part thereof shall bear a reference to the original plan or section from which it was copies and shall be certified thereon by the surveyor to be a true copy of the original plan or section. The certificate shall be signed and dated by him. (4) If the surveyor fails or omits to show any part of the workings or allow the plans or sections to be inaccurate, he shall be guilty of a breach of these regulations. Nothing in this sub-regulation shall, however, exempt the owner, agent or manager of their responsibility to ensure that every plan or section prepared, kept or submitted under these regulations or by any order made thereunder is correct and maintained up-to- date as required thereunder. 67. Plans to be checked on change of ownership or on re-opening. – (1) When there is a change in ownership of a mine, or where a mine or part thereof is reopened, or where in any mine or part thereof it is intended to start any extraction or reduction of pillars or blocks of minerals , the owner, agent and manager shall ensure that the plans and sections of the mine or part are accurate. If any doubt arises as to the accuracy of the plans and sections in any respect, he shall have accurate plans and sections prepared afresh before any drivage or other work of development or of extraction or reduction of pillars is commended. (2) If the Regional Inspector is of the opinion that any plan or section prepared, kept or submitted under the regulation is inaccurate, he may, by an order in writing, require a fresh survey made and a new plan or section prepared within such time as he may specify therein. (3) If the plan or section required to be prepared under sub-regulation (2) is not prepared within the time specified in the order, or to the satisfaction of the Regional Inspector, or the plan or section is not prepared or brought upto-date as required under these regulations, he may get the plan or section prepared by any other agency; and the cost thereof, as certified by the Chief Inspector, shall be defrayed by the owner of the mine and recoverable from him as an arrear of land revenue. CHAPTER-VII : Means of Access and Egress 66. Outlets from a mine – (1) No person shall be employed, or be permitted to enter or remain for purposes of employment, in any working belowground, unless the working is provided with at least two shafts or other outlets to the surface– (a) with which every lode, reef, vein or mineral bed or deposit or section thereof, for the time being at work has a communication so as to afford separate means of ingress and egress to the persons employed therein; (b) which do not have their surface openings in the same building; and (c) which are under the sole control of the ma nager : Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment belowground of persons even in a case where the two shafts or outlets are not under the control of the same manager.
- 127. (2) Suitable arrangements shall be made for persons to descend and ascend by each of such shafts or outlets. Where the shaft is vertical and more than 60 metres in depth, such arrangements shall be by means of a proper winding engine.. Every such winding engine shall be to installed and maintained as to be constantly available for use. In any doubt arises to whether any such arrangement is suitable or not, it shall be referred to the Chief Inspector for decision : Provided that, if required by the Regional Inspector by an order in writing a proper winding engine shall be provided in a shaft more than 60 metres in depth even if it is not vertical. (3) Such shafts, inclines or outlets shall not be less than 15 metres distant from one another at any point, and each shall be connected with the other by means of a walkable passage, not less than 1.8 metres high 1.5 metres wide, through the workings belowground that are being served by such shafts or outlets : Provided that outlets made before the c oming into force of these regulations may be closer than 15 metres but not less than 6 metres apart. (4) Whenever the connection between two outlets which are required to be maintained under sub-regulation (1) has been obstructed or found dangerous, only such persons as are necessary to clear the obstruction or to repair the dangerous part of the connection or to make a new second outlet, as the case may be, shall be employed belowground until such time as the connection has been re-established or a new second outlet has been provided. (5) The foregoing provisions of this regulation with respect to shafts and outlets shall not apply - (a) to a shaft which is being sunk or to an incline or outlet which is being made; (b) to any working for the purpose of making a connection between two or more shafts or outlets; and (c) to any working for the sole purpose of searching for or proving minerals; so long as not more than 20 persons are employed belowground at any one time in the whole of the different seams in connection with a single shaft or outlet: Provided that if the single outlet is an un-walkable shaft (other than a shaft in the course of being sunk) and exceeds 30 metres in depth, it shall be provided both with ladders and with other means of raising an lowering persons : Provided further that nothing in this sub-regulation shall be deemed to authorise the driving of roadways for the development purposes before a second outlet has been made in accordance with the said provisions. (6) The Chief Inspector may, by an order in writing and subject to such conditions as he may specify, exempt from the operation of this regulation any mine in the case of which special difficulties exist which in his opinion make compliance with the provisions thereof not reasonably practicable. 69. Working shafts and winzes – (1) Every shaft in use or in course of being sunk and every other outlet shall be made and kept secure. (2) Every shaft (and every winze or raise intended to be used for purposes of winding or haulage) in the course of being sank shall be provided with a permanent lining of metal, concrete or masonry, which shall at no time be more than six metres from the bottom of the shaft or winze: Provided that where iron or steel rings with a substantial lagging are used below the permanent lagging and are kept close to the bottom of the shaft, this distance may be increased to not more than 20 metres: If any doubt arises as to whether the strata are stable or not, it shall b referred to the Chief Inspector for decision.
- 128. (3) Every shaft or winze regularly used for lowering and raising persons or materials, in which water seeps out of the strata, shall be provided with water garlands or other means of collecting and conducting away seepage water. (4) The top, all insets and bottom of every working shaft and the sump thereof shall be kept clear and free from loose materials, tools and debris. 70. Fencings and gates at outlets – (1) Every entrance to a mine from the surface, and the top and all entrances between the top and bottom, including the sump, if any, of every working, ventilating or pumping shaft, shall be kept securely fenced. (2) Every walkable entrance from the surface to the workings belowground shall be provided with a substantial gate which shall be kept closed and locked when there are no persons belowground: Provided that where such entrance is not used as a means of ingress or egress in or out of the mine, it shall be permanently closed so as effectively to prevent persons from entering therein. 71. Outlets from mine parts – Every part of a mine shall, where practicable, be provided with at least two ways affording means of egress to the surface. If any doubt arises as to whether the provision of two such ways is practicable or not, it shall be referred to the Chief Inspector for decision. 72. Periodic examination of outlets – (1) Every shaft, incline and other outlets provided as required by regulation 68 shall be examined, once at least in every seven days, by a mine foreman or other competent person. A report of every such examination shall immediately thereafter be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination. (2) If at the time of such examination or at any other time, the shaft or other outlet is found to be not safe, it shall not be used for any purpose, except as a natural airway, until it has been made safe in all respects. Report of every such action taken shall be recorded in the book kept under sub-regulation (1). CHAPTER-VIII : Ladders and Ladderways 73. Provision of ladderways. – (1) Every shaft or winze, including shaft or winze in the course of being sunk, which has an inclination exceeding 25 degrees from the horizontal, shall be provided with a ladderway from the top to the bottom : Provided that in the case of a shaft or winze in the course of being sunk, the ladderway may be provided within such distance, not exceeding 20 metres, from the bottom as to secure it from danger during blasting operations and a chain or rope ladder shall be provided from this point to the bottom of the shaft or winze : Provided further that where the Chief Inspector is of the opinion that compliance with the provisions of this sub-regulation is not reasonably practicable, he may, by an order in writing and subject to such conditions as he may specify therein, grant an exemption therefrom. (2) Every working place shall be provided with platforms or other means of keeping a foothold, and where necessary, with ladders from climbing. 74. Ladders. (1) Every ladder used in a mine shall – (a) be of strong construction; (b) subject to the provision of sub-regulation (2), be securely fixed in the shaft, winze or stope at an inclination of not more than 80 degrees from the horizontal; (c) be made continuous or without perceptible overlapping or break except at a platform or sollar;
- 129. (d) project at least one metre above the mouth of the shaft, winze rise of stope and above every platform, except where strong holdfasts or hand-rails are provided; (e) have rungs equally spaced and at a sufficient distance from the wall or from any timber to ensure proper foothold; and (f) be maintained in good repair. (2) Except in respect of the lowest 10 metres or a sinking shaft or winze, no ladder shall be placed at an inclination of more than 80 degrees from the horizontal. Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit a ladder to be fixed at a steeper inclination. 75. Provision of sollars etc. – (1) If a ladderway provided under regulation 73(1) exceeds 20 metres in depth and has an inclination of more than 30 degrees with the horizontal, platforms or sollars shall be provided at intervals of not ore than 15 metres along the underlie or slope of the shaft or winze. Where the inclination is more than 60 degrees from the horizontal, the platforms or sollars shall be provided at intervals of not more than 10 metres. (2) If a manhole is provided at any platform in any shaft or winze, it shall be placed behind the ladder leading up from the platform. (3) Every opening in a platform provided for the handing of timber or other materials shall be effectively closed off from the rest of the platform. 76. Guarding of ladderways. – (1) Every ladderway in a shaft or winze used for winding or other purposes shall be in a separate compartment or shall be adequately guarded from other compartments. (2) Every ladderway below any place or travelling roadway where persons are stationed or pas, shall be provided with a suitable cover of substantial fence or guard. 77. Carrying of materials on ladderways. – No person shall carry or be permitted to carry a drill, tool, explosives or any loose material on a ladderway in a shaft or winze having an inclination of more than 45 degrees from the horizontal except so far as may be necessary for carrying out repairs : Provided that nothing in this regulation shall prevent a person from carrying a drill, tool or explosives in suitable sling or container secured tot his person. CHAPTER-IX : Transport of Men and Materials – Winding in shafts 78. Appointment of winding enginemen and their duties – (1) No person shall be appointed as a winding engineman unless he holds – (a) in the case of an electric winding engine of 75 h.p. or more or of a steam or compressed air winding engine which has cylinders exceeding 30 centimetres of diameter, a I Class Engine Driver’s Certificate and (b) in any other case a II Class Engine Driver’s Certificate: Provided that this clause shall not apply to the driver of an Electrical Winding Engine upto 30 h.p. or of a steam or compressed air winding engine which has cylinders not exceeding 18 centimetres in diameter and which is not used for raising or lowering persons. (2) Where special difficulties exist which made compliance with the provisions of sub-regulation (1) not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, relax and said provisions.
- 130. (3) No person, other than a winding engineman appointed under sub-regulation (1) or a duly appointed assistant working under his direct personal supervision shall operate any winding engine: Provided that in an emergency any other competent person may be permitted to operate the engine. (4) The name of the winding engineman on duty, together with the period of his shift shall be posted in the winding engine room. Where the Regional Inspector is of the opinion that the duties of any winding engineman are unduly arduous, he may by an order in writing require the period of his shift to be reduced to such period, not less than five hours, as he may specify. 79. New winding installations – (1) When it is intended to bring into use any new winding installation for lowering and raising persons, the owner, agent or manager shall, not less than 30 days before such use, give notice of such intention to the Chief Inspector and the Regional Inspector. The notice shall contain detailed specifications of the installation. (2) If the Chief Inspector, by an order in writing to requires, such additions or alterations shall be made to the installation, as he may specify in the order. 80. Construction and installation of winding equipment – (1) Every part of a winding installation, including headgear shall be of sound construction and adequate strength, and shall be maintained in safe working order. In case of any doubt as to the foregoing, it shall be referred to the Chief Inspector for decision. (2) The engine shall be firmly connected to a rigid foundation and shall be so designed, constructed and maintained that with the power provided, the raising and lowering of persons or materials can be carried out with ease, regularity and safety. (3) Unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, every engine for winding shall be so situated in relation to the headgear that the winding rope shall not, in the extreme position, subtend in either direction an angle more than one and a half degrees with the plane of the sheave or pulley used in connection with the rope. (4)(a) The diameter of the drums or sheaves of the winding engine, and of the pulleys and sheaves used in connection with the winding shall, unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, be not less than 80 times the diameter of the rope in the case of winding installations installed before the coming into force of there regulations and not less than 100 times the diameter of the rope in other cases: Provided that the Chief Inspector may, by an order in writing, require that in the case of any specified winding installation installed before the date aforesaid, the diameter of the said drums, pulley or sheaves shall not be less than such size, upto 100 times the diameter of the rope, as he may specify in the order. (b) The grooves of such sheaves or pulleys shall be suited to the diameter of such rope. (c) Every pulley or sheaves used in connection with winding shall, while in motion, rotate in a vertical plane, and shall be maintained in such a condition that slipping is reduced to a minimum. 81. Spare rope to be kept in store. – At every mine where a shaft or winze is used for lowering or raising persons, at least one spare winding rope, suitable for use in such shaft or winze shall be kept in reserve. 82. Fittings of winding engines – At every shaft, including a shaft in the course of being sunk, where winding is effected by means of an engine, the following provisions regarding winding engines shall have effect, namely: (1) There shall be on the drum such flanges, and also if the drum is conical or spiral such other appliances, as will be sufficient to prevent the rope from slipping or coiling unevenly. Exc ept in the ‘Koepe’ system of
- 131. winding, the end of the rope shall be securely fixed in such a manner that the rope is not unduly strained. There shall be at least two turns of the rope on the drum when the cage or other means of conveyance is at its lowest working point in the shaft or winze. (2)(a) There shall be provided one or more brakes on the drum which : (i) if there are two cages or other means of conveyance, will hold such cages or other means of conveyance when the maximum torque is applied in either direction; or (ii) if there is only one cage or other means of conveyance, will hold the loaded cage or other means of conveyance in midshaft when the maximum torque is applied downwards. (b) At least one of the brakes shall be so designed that the brake remains at the ‘on’ position except when operated. (c) Where the brake or brakes are power-operated, at least one of them shall be arranged to be applied automatically at all times if the power supply fails. In no case shall a brake be operated by an auxiliary electric current. (d) The brake on the drum shall be used only for the purpose of keeping such drum stationary and not for lowering the cage or other means of conveyance, except in cases where the engine is to be worked at a very low speed as when examining the winding rope or the shaft or winze. (3) Where the winding engine is worked by steam or compressed air, a screw stop-valve shall not be used as controlling valve of the engine. (4) Every engine shall be equipped with a reliable depth-indicator (in addition to any mark on the rope) showing to the winding engineman the position of the cage or other means of conveyance in the shaft, and an automatic device that will ring a bell in the engine room when the ascending cage or other means of conveyance is at a distance of not less than two revolutions of the drum from the top of the shaft or winze. The depth-indicator shall be tested after every adjustment or replacement of the winding rope. 83. Shaft fittings – At every winding shaft, other than a shaft in the course of being sunk – to which the provisions of regulation 87 shall apply – the following provisions shall have effect, namely: (1)(a) Efficient means shall be provided and maintained for interchanging separate, distinct and definite signals between the top of the shaft or winze and – (i) the bottom or other permanent landing of the shaft; and (ii) every inset for the time being in use. There shall also be provided and maintained efficient means for transmitting such signals from the top of the shaft to the winding engineman. All signals shall be transmitted by mechanical or electrical means. (b) In signalling, the following code of signals shall be used and strictly observed : ONE RAP : STOP TWO RAPS : LOWER THREE RAPS : RAISE FOUR RAPS : MEN ready to ascend or descend FOUR RAPS : IN REPLY – men may enter the cage or other means of conveyance. Anyother signals shall be addition to, and shall not interfere with, the foregoing. Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the use of any code of signalling other than that specified above.
- 132. (c) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the top of the shaft and at every such inset and landing and also in the winding engine room. (d) No person other than the banksman, bellman or signalman shall give any signal unless he is an official of the mine or is authorised in writing by the manager to give signals. (2)(a) Where the shaft or winze is vertical and exceeds 45 metres in depth, it shall be provided with sufficient number of guides to ensure smooth and safe travel of the cage or other means of conveyance. (b) Where rope guides are used, the cheese-weights or bottom clams shall be kept so exposed as to permit regular examination. (3) Above the topmost landing, ‘dogs’ or other devices for holding the cage or other means of conveyance in the event of an overwind shall be provided, or the guides, runners or receivers shall be sprung. (4) Where the shaft or winze is vertical, protective roofing or pent-house sufficient to prevent danger from anything falling in the shaft or winze, shall be provided and maintained at the bottom of the shaft or winze and at all landings where persons ascend or descend. The gap, both vertical and horizontal, between the protective roofing and the top of cage, when the cage is at the bottom of the shaft, shall not exceed 15 centimeters. 84. Manwinding – At every shaft or winze, other than a shaft in the course of being sunk, where a winding engine is used for the purpose of lowring or raising persons, the following provisions shall have effect, namely :- (1) In respect of every part of the winding installation, including pulleys or sheaves, cages, chains, distribution plates and detaching hooks, the following particulars shall be recorded in a bound paged book kept for the purpose - (a) Name of the manufacturer and the year of manufacture; (b) Specifications and dimensions; (c) Reference to every certificate supplied with the part; and (d) Any other detail that may be necessary or required by the Regional Inspector; All entries in the book shall be made and signed by the engineer or other competent person, and shall be countersigned and dated by the manager. (2) Whenever any part or article is replaced or any repaired part or article used in any winding installation, the fact of such replacement or repair shall be recorded in the book kept under sub-regulation (1). (3) Where drum -clutches are provided, the following provisions shall have effect, namely – (a) The operating gear of the clutch of the drum shall be provided with locking gear to prevent inadvertent withdrawal of the clutch. (b) Every engine used for the lowering or raising of persons shall have a suitable interlocking device so fitted that it is not possible – (i) to unclutch any drum unless the brakes of such drum are applied; or (ii) to release the brakes until the drum clutch is fully engaged and securely locked. (c) Unless the cage or other means of conveyance a ttached to the drum is resting at the bottom of the shaft, the drum shall not be unclutched unless the winding engineman has assured himself immediately beforehand that the brake is fully applied.
- 133. (4) If the shaft or winze is vertical, except in the ‘Koepe’ system or winding, there shall be provided between the rope and the cage or other means of conveyance a detaching hook. The space between such detaching hook, measured from the centre of the hole for attaching it to the rope shackle, and the detaching-bell or plate when the cage or other means of conveyance is at its normal position at the top of the shaft or winze, shall be not less than 3.6 metres where a geared engine is used, and not less than 7.5 metres where a direct acting engine is used. (5) If the shaft or winze exceeds 300 metres in depth, there shall be a clear over-run space of not less than 7.5 metres below the lowest landing place. The sump below the lowest landing place shall be kept free from water or other liquid matter to such an extent that in case of an overwind, the persons riding in the case or other means of conveyance will not be submerged. (6) In the case of every shaft or winze exceeding 100 metres in depth, unless exempted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, the engine shall be fitted with an automatically recording speed indicator. (7)(a) In case of every shaft or winze exceeding 100 metres in depth, there shall be provded an effective automatic contrivance to prevent overspeeding and overwinding, hereinafter called the ‘Automatic Contrivance”. The Automatic Contrivance shall prevent the descending cage from being landing at the pit bottom or other permanent landing at a speed exceeding 1.5 metres per second and shall also control the movement of the ascending cage in such a manner as to prevent danger to persons riding therein. The Regional Inspector may, by an order in writing, specify the maximum speed of winding in any shaft. Provided that in case of any shaft or winze the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the provisions of this sub- regulation. (b) Tests of every Automatic Contrivance and every brake shall be made by the engineer or other competent persons appointed for the purpose, in the following manner - (i) once at least in every seven days, by raising each cage or other means of conveyance, in turn, to pass the last control point above the topmost landing; and (ii) once at least in every three months, by attempting to land the descending cage at excessive speed. For the purpose of this test, the setting of the Automatic Contrivance may be altered so that pre- determined point in the shaft or winze is regarded as the landing. The results of every such tests shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person making the test. Provided that where special conditions exist, the Chief Inspector, may , by an order in writing an subject to such conditions as he may specify therein, permit the tests aforesaid to be carried out in such other manner as he may specify in the order. (c) Unless the Automatic Contrivance is in full and fixed engagement with the winding engine, it shall be fully engaged, either automatically or by the winding engineman, wherever necessary to be lowered or raised; and a proper automatic indicator to show that this has been done shall be provided in such a position as to be easily seen by the banksman. No person shall be allowed to enter any cage or other means of conveyance until the indicator shows that the Automatic contrivance has been fully engaged. (8) Except where an Automatic Contrivance is provided to prevent overwinding, a point shall be fixed and marked on the indicator of the engine in such a way as to show when the cage or other means of conveyance is at a distance of not less than twice the circumference of the drum from the completion of the wind; and if such cage or other means of conveyance contains persons, the winding engineman shall not, as soon as it has reached the point aforesaid, raise it for the remaining distance at a speed exceeding 1.2 metres per second.
- 134. (9) Where the only means of egress in a mine is by apparatus worked by steam or electricity, precautions shall be taken to ensure that the two winding engines do not fail simultaneously, and in particular, in the case of electric winding engines, the engines shall be capable of being connected to two separate power supplies. Unless the Chief Inspector by an order in writing otherwise directs, the provisions of this sub- regulation shall be deemed to be satisfied if an emergency winding gear is maintained. (10)(a) Except in the ‘koepe’ system of winding, at the top of every shaft or winze where cages are used, suitable keps shall be provided and so arranged as to fall into the ‘on’ position when the operating lever is released. (b)At every inset where keps or folding platforms are provided, arrangements shall be made to lock the keps or platforms securely in the ‘off’ position; and when in the ‘off’ ‘ position, such keps or platforms shall leavel the shaft or winze clear for the passage of the cage. In every such case, a proper automatic indicator to show the position of the keps or platforms, as the case may be, shall be provided in such a position as to be easily seen by the banksman. (11)(a) Unless otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein every cage of other means of conveyance in which persons ride in a vertical or steeply inclined shaft or winze shall be – (i) covered completely at the top; (ii) closed in at the two sides in a manner sufficient to prevent persons or things from projecting beyond the sides; (iii) provided with a rigid hand-bar fixed in a position where it can be easily reached by all persons in the cage or other means of conveyance; and (iv) provided with suitable gates or other rigid fences such that the gap between the floor of cage or other meansof conveyance and the lowest part of the gate of fence does not exceed 15 centimetres and that between any two members of the gate or fence does not exceed 25 centimetres. Gates or fences shall not open outwards; and they shall be so fitted and maintained that they cannot be accidentally opened. Provided that so much of this sub-regulation as requires a covering at the top shall not apply in a shaft or winze which is less than 30 metres in depth. (b) The floor of every cage or other means of conveyance shall be strongly constructed and so maintained to prevent any part of the body of a person riding in the cage or other means of conveyance from projecting beyond the floor. (12) Not more than such number of persons as may be authorised by the manager shall be a llowed to ride in the same cage or same deck of a cage or other means of conveyance at one time; and a notice specifying the number shall be posted at the top of every shaft or winze and at every inset and landing : Provided that where the Regional Inspector is of the opinion that the number so authorised is high, he may, by an order in writing, required the manager to fix a lower maximum number of persons as may be specified by him. (13)(a) Unless permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, the total load when the authorised number of persons ride at any one time in any cage or other means of conveyance shall not exceed 60 per cent of the maximum load when materials are would. (b) No person shall, when ascending or descending a shaft, take with him any bulky material other than tools and instruments, except when engaged in repairing the shaft or with the written authority of the manager.
- 135. 85. Multi-decks – Where a cage has two or more decks which are used simultaneously, each floor at a landing shall be connected by an effective signalling device with the main floor of the landing; and only the banksman or the bellman or the signalman or an official, as the case may be, at such main floor shall give action signal, and only after he has satisfied himself that all cage gates are closed. 78 Winding of material – (1) Every cage used for the raising or lowering of tubs shall be provided of tubs shall be provided with catches or other effective contrivances to prevent the tubs failing out. The cage shall not be set in motion unless the catches or other effective contrivances are in position. (2)(a) The floor of every cage shall be kept clean; and no skip, bucket or tub shall be filled up to such height that any of the contents can fall out. (b) Before long timber, pipes, rails, or other material projecting over the top of the cage or other means of conveyance are lowered or raised, the projecting ends shall be securely fastened to the rope, chain or bow. 87. Winding in sinking shafts – At every shaft or winze in the course of being sunk, where a winding engine is use the following provisions shall have effect, namely : (1) If the shaft or winze is vertical and exceeds 45 metres in depth, there shall be provided for each bucket or other means of conveyance a detaching-hook. Between the centre of the hole for attaching the detaching- hook to the rope shackle and the detaching bell or plate, when the bucket or other means of conveyance is at the tope landing, there shall be a clear over-run space of not less than 3.6 metres. (2) Where the shaft or winze is vertical and exceeds 150 metres in depth – (a) the bucket or other means of conveyance, when used for lowering or raising persons, shall be provided with sufficient cover overhead for protection from things falling down the shaft; and (b) these shall be provided for each bucket or other means of conveyance a sufficient number of guides which shall be kept extended to within 22.5 metres of the shaft bottom at all times when sinking is in progress: Provided that the Regional Inspector may, by an order in writing, require the provision of guides in a shaft or winze which is less than 150 metres in depth or is not vertical. (3)(a) There shall be provided and maintained two separate means of interchanging distinct and definite signals between the bottom and the top of the shaft or winze. Efficient means shall also be provided and maintained for transmitting such signals from the top of the shaft or winze to the winding engineman. The signalling appliances shall be examined by a competent person once at least in every 24 hours. The result of every such examination shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination. 1[ (b) In signalling, the following code of signals shall be used and observed ONE RAP .. STOP TWO RAPS .. LOWER THREE RAPS .. TAKE UP SLACK or RAISE FOUR RAPS .. TAKE UP SLACK or RAISE when men are riding. Any other signals shall be in addition to, and shall not interfere with, the foregoing. Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the use of any code of signalling other than that specified above. (c) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the top of the shaft or winze and also in the winding engine room.
- 136. (d) Except while riding in a bucket or other means of conveyance, no person other than the chargeman or a person authorised in writing by the manager, shall give any signal. (4) Every bucket or other means of conveyance in which persons or materials are conveyed, shall be of strong construction and so maintained as to prevent persons or materials from falling. (5)(a) At the top of the shaft or at the landing where the bucket or other means of conveyance is normally landed, suitable doors or covering shall be provided. Except as may be required for the passage of the bucket or other means of conveyance, the doors or covering shall always be kept closed. (b)Where the shaft or winze has an indication of 35 degrees or more from the horizontal and exceeds 45 metres in depth measured along its plane, persons working at the bottom shall also be protected by a suitable protective covering extending over the whole area of the shaft or winze, sufficient space being left therein only for the passage of the bucket or other means of conveyance; and the cover or scaffold shall be kept lowered – (i)if the shaft or winze is vertical to not more than 22.5 metres from the bottom; and (ii) in any other case, not more than 30 metres from the bottom : Provided that where special circumstances exist, the Chief Inspector may, by an order in writing an subject to such conditions as he may specify therein, grant an exemption from the provisions of this clause. (6) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in the bucket or other means conveyance at one time; and a notice specifying such number shall be posted prominently at the top of the shaft or winze. (7) When tools, implements or other materials are lowered or raised, the banksman or chargeman, as the case may b e, shall see that - (a) the bucket is properly loaded; (b) materials are not loaded above the rim; (c) long timber, pipes, rails, tools or other material with ends projecting over the rim are securely fastened to the rope, chains or bow; and (d) the bucket, before being sent away, is steadied, and the bottom and sides thereof are free from adhering material. (8) Where guides are provided, the bucket or other means of conveyance shall be raised slowly from the bottom of the shaft or winze, until the rider is picket up. (9) While persons are at work on any scaffold or platform in the shaft or winze, the following precautions shall be strictly observed : (a) The scaffold or platform shall be secured to the sides of the shaft in order to prevent it from swinging; (b) The opening for the passage of the bucket or other means of conveyance, shall be so protected as effectively to prevent anything falling through it; (c) The scaffold or platform shall not be lowered or raised except under the order of the chargeman or other competent person. 88. Winding ropes, etc. – At every shaft where a rope is used for winding purposes, the following provisions shall have effect, namely : (1)(a) No rope, bar, link, chain or other attachment to a cage or other means of conveyance shall be used unless it is of good quality and manufacture, is free from any visible defect and is of adequate calculated strength :
- 137. Provided that the Chief Inspector may, by an order in writing prohibit the use of any rope or type of rope or bar, link, chain or other attachment where, in his opinion such use is unsafe. (b)A single-linked chain shall not be used, except for the short coupling chain attached to a cage or other means of conveyance. Such singlelinked chain shall be attached to the safety hook through a distribution plate or other approved appliance. (c)Where safety-chains are used, their length shall be such tat if the kingbolt breaks, the shock to the cage or other means of conveyance is as slight as possible. (d) The attachment between the rope and the cage or other means of conveyance shall be of such type and be maintained in such manner as to obviate accidental disconnection. (e) In case of a doubt, as to the fitness of any rope, bar, link, chain or other attachment used or intended for use, it shall be referred to the Chief Inspector for decision. (2)(a) Except, in a sinking shaft less than 30 metres in depth, every winding rope shall be made of cold drawn steel wire, and the gauge of the wires used in the construction of such rope shall be suited to t he diameter of the drums, pulleys and sheaves of the winding installation. (b) In any shaft, including a shaft in course of being sunk, where persons are lowered or raised and where guides are not provided, no rope other than a rope of non-spinning type shall be used. (c) No rope which has been spliced shall be used for winding purposes. (d) No winding rope shall be used or continued in use, if its safety factor (i.e. the ratio between breaking load on the rope at any point and the maximum static load on it when the cage or other means of conveyance is at the lowest working point) is or becomes – (i)less than 10 in the case of a shaft not exceeding 300 metres in depth; (ii) less than 9 in the case of a shaft exceeding 300 metres but not exceeding 500 metres in depth; (iii) less than 8 in the case of a shaft exceeding 500 metres but not exceeding 700 metres in depth; (iv) less than 7 in the case of a shaft exceeding 700 metres but not exceeding 1000 metres in depth; (v) less than 6 in the case of a shaft e xceeding 1000 metres but not exceeding 1500 metres in depth; (3)(a) For every rope in use or intended for use, a certificate showing its breaking load, quality, construction and diameter (obtained from the manufacturer or supplier) and a history of it use, including a record of diameters of the drums, sheaves and pulleys used in conjunction with the rope, shall be kept in a bound paged book kept for the purpose. All entries therein shall be made and signed by the engineer or other competent person, and shall be countersigned and dated by the manager. (b) If in the case of a new rope a test certificate as to the amount of its breaking load is not available, it shall not be used unless a portion thereof, not less than three metres in length, has been cut off and tested in a laboratory, institution or test house approved by the Central Government for the purpose. (4) No winding rope which has been in use for more than three and half year shall be used for winding purposes : Provided that where the Regional Inspector is satisfied that due to sparing use any such rope is in good condition even after the expiry of the said period, he may, by an order writing and subject to such conditions as he may specify therein, allow the use of such rope for a longer period. Every application for permission to use a rope after the period of three and a half years aforesaid shall be accompanied by a copy of the entries, in respect of the rope, in the book kept for the purpose under sub-regulation (3), and also by a certificate as to the strength of the rope, obtained in the manner laid down in clause (b) of the sub-
- 138. regulation. The certificate aforesaid shall relate to a piece of the rope cut off not more than three months prior to the date of the application: Provided further that where the Regional Inspector is of the opinion that any rope has become unsafe for use in a shaft before the expiry of the period of three and a half years aforesaid, he may, by an order in writing, prohibit the use of such rope for winding purposes. An appeal any such order may be preferred to the Chief Inspector. (5)(a) No mode or type of capping shall be used, which fails to withstand a load of at least 10 times the maximum static load thereon. (b) The cappel of a round rope shall not be attached to the rope by rivets passing through the rope. (c) In those forms of capping, in which the wires at the end of the rope are bent back on the rope itself to form a cone, wedges formed by the lapping of soft iron wire shall be placed between the rope and that portion which is bent back. The length of the tapered portion of the socket shall be not less than 12 times the diameter of the rope. (d) Where white metal is used in the capping of ropes, the tapered portion of the socket shall not be less than eight times the diameter of the rope. (e) If white metal is used in the capping of ropes - (i) its melting point shall not exceed 300 degrees centigrade, and its temperature when poured into the socket shall not exceed 363 degree centigrade; (ii) in the length of rope which is to lie within the tapered part of the socket, the fibre core, if any, shall be cut and the wires shall be untwisted and thoroughly cleaned; and (iii) the socket shall be heated to a temperature of about 100 degrees centigrade before the white metal is poured into it. (6) Except in the ’Koepe’ system of winding, every rope shall be recapped once at least in every six months, or if necessary, at shorter intervals and also after every overwind. Before every such recapping, a length, including the capping, of at least two metres shall be cut off the rope. Each piece of rope so cut-off shall be opened and its internal condition examined. The operation shall be carried out under the supervision of the engineer or other competent person, who shall record the date and other particulars thereof (including the length of the rope remaining after recapping) in a bound paged book kept for the purpose and shall sign and date the same. 89. Suspension gear – (1) All parts of suspension gear in regular use shall unless otherwise permitted by the Chief Inspector, be renewed after a period of service of not more than ten years, and at shorter intervals, if necessary. (2)(a) All cage chains in general use and all other parts of suspension gear between the rope and the cage or other means of conveyance, including the detaching-hook, shall be taken apart, cleaned and carefully examined as to wear and tear (where necessary by gouging) and for rust and cracks, once at least in every six months, or if necessary, as shorter intervals. The various parts shall be annealed or given other proper heat treatment before being refitted. : Provided that in the case of such chains or gear manufactured from a steel which is not liable to deterioration necessitating annealing or heat treatment, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, grant exemption from the carrying out of this operation; b) Every detaching bell or plate used in connection a safety-hook shall be examined, and the opening therein checked by calipers or gauges, once at least in every 30 days.
- 139. (c) The operations and examination required under this sub-regulation shall be carried out by or under the supervision of the engineer or other competent person, who shall record the date and other particulars thereof in a bound paged boo kept for the purpose, and shall sign and date the same. 90. Precautions after recapping, etc - After every installation or recapping of a rope and after every renewal or refitting of any suspension gear, the engineer or other competent person shall, after the cages or other means of conveyance fully loaded with materials have made five trips up and down the working portion of the shaft, examine the cappel and other parts of the suspension gear to see that they are in proper working order. A report of every such examination shall be recorded in the book kept under regulation 89(2), and shall be signed and dated by the persons making the examination. 91. Examination of winding equipment – (1) It shall be the duty of the engineer or other competent person to examine – (a) Once at least in every 24 hours – (i) the attachment of the winding rope to the drum, the depth indicator, every part of the suspension gear in the shaft, including cages or other means of conveyance and their gates, and every external part of the winding apparatus, upon the proper working of which the safety of persons depends; and (ii) the brakes of the winding engines; (b) Once at least in every seven days – (i) each winding rope, by passing the rope at a speed not exceeding one meter per second; and (ii) the external parts of the winding engine, the guides and the signalling arrangements fitted in a shaft or winze; (c) Once at least in every 30 days, every winding rope, by passing the rope at a speed not exceeding 0.5 metre per second. For the purpose of this examination, the rope shall be cleaned of any entrusted dirt and grease at all places particularly liable to deterioration and at other places, not more than 30 metres apart throughout the length, and any reduction in the circumference of the rope and the superficial condition of the wires as to wear, corrosion, brittleness and fracture at every such place shall be noted; and (d) Once at least in every 12 months, the winding engineas to the condition of its internal parts. (2) A report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination and countersigned and dated by the engineer, or where there is no duly qualified engineer, by the manger. (3) If on any examination made as aforesaid, there is discovered any weakness or defect by which the safety of persons may be endangered, such weakness or defect shall be immediately reported in writing to the engineer or other competent person and to the manager; and until such weakness or defect is remedies the winding installation shall not be used. 92. Gates and fences – (1) At the tope of every shaft or winze and at every inset which is in use, there shall be provided suitably gates or fences which shall effectively close the openings into the shaft or winze at all times when a cage or other means of conveyance is not at the tope or the landing. Except with the permission of the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, every such gate at the tope of a shaft shall be self-operating.
- 140. (2)(a) At every landing where it is necessary for persons to pass from one side of the shaft to the other, an adequate passbye shall be provided for enabling them to do so without entering or crossing the shaft. Every passbye so provided shall be not less than 1.8 metres high and 1.2 metres wide, and shall be kept clear of all obstructions. (b) No person shall enter or cross, or be permitted to enter or cross the winding compartment of a shaft or winze except for the purpose of entering or leaving a cage or other means of conveyance or for undertaking an examination, repair or any other work therein; and no persons shall be allowed to work in any such space unless the cages or other means of conveyance, if any, have been stopped and adequate precautions have been taken for the protection of such person. 93. Duties of persons riding or working in shafts – (1) No person shall get or off a cage or other means of conveyance after the same has been signalled to be set in motion or leave it until it has reached the appointed stopping place; nor shall any person ride on the top or edge of any cage or other means of conveyance except when engaged in an examination, repair or any other work in the shaft or winze. (2) Every person, when at or about the top or bottom of a shaft or any inset, shall obey the lawful orders and directions of the banksman or bellman, as the case may be. (3)(a) NO person shall carry out any examination, repair or other work in any shaft while winding operations are being carried on; and no winding shall be carried on or permitted while persons are engaged in such examination, repair or work, except where winding is necessary for the same. (b) The person in immediately charge of any examination, repair or work in any shaft shall warn the banksman and the winding engineman that such examination, repair or work is about to be undertaken. (c) Every person while engaged in any examination, repair or other work in a shaft shall be accompanied by at least one other person; and all such persons shall be provided with effective safety belts unless otherwise efficiently protected against the risk of falling. (d) Every person engaged in trying out an examination, repair or other work in a shaft shall be protected by a suitable covering from objects falling from above. Every such person shall also be provided with a protective hat; and shall wear the same when so engaged. 94. General precautions – (1) No unauthorised person shall enter or be allowed, in a winding engine room. (2) No adolescent or woman shall descend or ascend a shaft in a cage or other means of conveyance unless accompanied by one or more adult males. CHAPTER-X : Transport of Men and Materials – Haulage 95. Haulage roadways – The following provisions shall have effect with respect to every length of road or roadway in a mine where materials are transported in tubs by means of gravity of mechanical power, namely : (1) Every such roadway shall – (a) be of adequate dimensions and, as far as practicable, shall be straight and of regular gradient; and (b) have tracks properly laid with rails of adequate section. (2)(a) Pulleys, sheaves and rollers that alter the direction of a rope shall be securely fixed. (b) No person shall guide or adjust a moving rope on to a drum, pulley, sheave or roller except with a lever or other proper appliance.
- 141. (3) Where haulage is effected by one or more ropes, there shall be provided and maintained - (a) at the top of every inclined plane, at least one stop-block or other effective contrivance to arrest tubs from running or moving out of control; (b) at least one run way switch or other effective contrivance below the first stop-block or other effective contrivance at a distance greater than the length of a set or train of tubs: Provided that such distance shall not exceed the length of a set or train of tubs by more than 10 metres: Provided further that where the Regional Inspector, by an order in writing so requires, the stop-block and the switch or other effective contrivance aforesaid shall be so intercoupled that they do not remain simultaneously ineffective: (c) an attachment, behind an ascending tub or set or train of tubs, of a back-stay, drag or other suitable contrivance for preventing the tub, set or train of tubs running back. Where an endless rope or chain is used, the provisions of this clause shall be deemed to be satisfied if suitable automatic catches or other effective contrivance are provided at suitable intervals along the track to prevent the ascending tubs running back : Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the operation of this clause on grounds that compliance with the provisions thereof is not reasonably practicable; (d) safety hooks, jazz-rails or other suitable contrivances to prevent runaway in the forward direction; (e) tub re-railers at intervals of not more than 250; and (f) on every haulage roadway exceeding 30 metres in length, effective means of transmitting signal from every stopping place on the roadway to the place at which the machinery working the rope is operated. All signals shall be transmitted by mechanical or electrical means: Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in the reverse direction also. If any doubt arises as to whether any means of transmitting signal is effective or not, it shall be referred to the Chief Inspector for decision. (4)(a)(i) The following code of signals shall be used and strictly observed – ONE RAP .. STOP when in motion TWO RAPS .. LOWER or haul in slowly THREE RAPS .. START when at rest FOUR RAPS .. RAISE or haul out slowly Any other signals shall be in addition to, and shall not interfere with, the foregoing. Provided that the Chief Inspector may, by an order in writing an subject to such conditions as he may specify therein, permit the use of any code of signals other than that specified above. (ii) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the place in which the machinery that works the rope is operated and at all regular stopping places along the roadway. (iii) No person, other than a competent persons or an official, shall give any signal. (b) Where in any mine belowground, a system of haulage roadway (and conveyors, if any) extent to distance of more than 600 metres from the shaft or the entrance to the mine, efficient telephonic
- 142. communication shall be provided and maintained between the end of every such system and the bottom and top of the shaft or the entrance to the mine as the case may be : Provided that where travelling is unduly arduous, the Regional Inspector may, by an order in writing, require the provision and maintenance of telephonic communication in any other case also. (c) Where telephones or electrical signals are provided - (i) adequate precautions shall be taken to prevent signal and telephone wires coming into contact with other cables and electrical apparatus; (ii) signal wires shall be supported on insulators, and shall not be energised at more than 30 volts; (iii) contact makers shall be so constructed as to prevent accidental closing of the circuit; and (iv) in every gassy seam of the second or third degree], all signalling or telephonic communication circuit shall be constructed, installed, protected, operated and maintained in such a manner as be intrinsically safe. (5) At places where telephone receivers are installed or where signals and safety contrivances are regularly operated, every person using the telephone or operating any such signal or safety contrivance shall be afforded adequate protection against tubs moving out of control. (6)(a) Where any person is allotted to work or pass while the haulage is in motion, manholes for refuge shall be provided at intervals of not more than 10 metres: Provided that where the gradient is less than 1 in 6 such manholes may be provided at intervals of not more than 20 metres. (b) Manholes shall be not less than 1.8 metres in height and 1.2 metres in depth, and not less than 0.75 metres but not more than one metre in width: Provided that the Regional Inspector may, by an order in writing and subject to such condition as he may specify therein, permit the use as manholes or cross -roadways other than haulage roadways, of dimensions larger than those aforesaid. (c) Every manhole shall be kept clean and clear of obstruction, and white washed both inside and for a distance of not less than 0.3 metres around the aperture. (d) As far as practicable, all manholes shall be provided on one side of the haulage roadway. (e) In case where there are serious practical difficulties in providing manholes as specified in clauses (a) and (b), the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit manholes to be at greater intervals or of other dimensions. (f) Except where haulage is effected by means of an endless rope or chain, whenever the haulage rope is in motion, every person on the haulage roadway shall take shelter in a manhole. (7) The manager or assistan manager or underground manager shall, by an order in writing, in respect of every haulage road or roadway, fix the maximum number of tubs, according as to whether they are loaded or not loaded, that may be coupled together to run as a set or train. A notice specifying the number of tubs so fixed shall be posted prominently at the top and at all regular stopping places of the haulage road or roadway. (8) At all places where tubs are coupled or uncoupled, there shall be a clear space of not less than one metre –
- 143. (a) between, the tubs and one side of the roadway; and (b) where there are two or more tracks also between the adjacent tracks. (9)(a) When any roadway or face is in direct line with a haulage track and persons may be exposed to danger from runaway tubs, a strong buffer or other effective contrivance to prevent such danger shall be provided and maintained. (b) A stopblock or other effective contrivance shall be provided near the entrance of every tramming roadway branching off the main haulage road or roadway, and on every track which slopes towards a shaft or winze. 96. Travelling roadways – (1) Except when an exemption in writing has been granted by the Regional Inspector and subject to such conditions as he may specify therein, travelling roadways, separate from haulage roadways on which haulage is effected by mechanical means or gravity, shall be provided for persons to travel to and from their working places. (2) Every such travelling roadway shall – (a) be not less than 1.8 metres high throughout; (b) where the inclination exceeds 30 degrees from the horizontal, be provided with suitable steps or ladders; (c) where the inclination exceeds 45 degrees from the horizontal, be provided, in addition to steps or ladders, with hand rails or ropes so as to ensure safe travel; and (d) where the inclination exceeds 60 degrees from the horizontal, be provided, in addition to the steps or ladders and rails or ropes, with suitable platforms at intervals not exceeding 10 metres measured along the slope. (3) Except for purposes of inspection, examination or repair, every person other than an official of a haulage attendant shall travel by the travelling roadway or compartment. (4) Where persons using a travelling roadway or compartment have to cross a conveyor or a haulage worked by mechanical means or gravity, a suitable cross-over or cross-under bridge or other suitable device approved in writing by the Regional Inspector shall be provided. (5) No haulage shall be used for the general conveyance of persons except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. 97. Tubs and their movement – (1)(a) On every tub there shall be provided and maintained at each coupling end a strong buffer projecting beyond the end and so arranged that when two such tubs are in tandem, the gap between the innermost ends shall not be less than 20 centimeters. (b) On every side-tipping tub in use, safety-catches shall be provided to prevent accidental tipping. No tub or set or train of tubs shall be set in motion unless all the safety catches are properly secured. (c) The attachment between a rope or locomotive and a tub or set or train of tubs, and the attachment between any two tubs in a set or train, shall be of a type approved in writing by the Chief Inspector by a general or special order and so maintained as to obviate accidental disconnection. (d) The state of every buffer and drawbar of every tub in use and of every safety-catch, coupling-chain and other attachment shall be examined once at least in every seven days, by a competent person appointed for the purpose. A report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. (2)(a) When tubs are about to be moved, persons likely to be endangered shall be warned.
- 144. (b) Two or more tubs shall not be moved by hand in close succession but shall be coupled and moved together. Two tubs shall be deemed to be in close succession when the distance between them at any time in less than 10 metres. (c) No person shall cause or permit a tub to run uncontrolled except with the written permission of the manager: Provided that the Regional Inspector may, by an order in writing, prohibit the uncontrolled movement of tubs at any place if he is of the opinion that such movement is likely to cause danger. (d) No person while taking a tub down a gradient exceeding 1 in 20, shall go in front of the tub; and in every case where conditions are such that a person cannot control the tub from behind, he shall not take the tub down unless sprags or other suitable contrivances are used to control it. (e) Where required for use, a sufficient number of sprags of suitable material and dimensions shall be provided. (f) Every tub while standing on a track having a gradient of more than 1 in 20, shall unless held effectively by brakes or securely coupled to a haulage rope or locomotive, be effectively blocked, chained or otherwise secured. (g) Except where haulage is effected by means of an endless rope, the coupling and uncoupling to tubs shall as far as practicable, be done only when the tub or set of the tubs, and the rope if connected to the set is not in motion. (h) As far as practicable tubs shall not be coupled or uncoupled on a gradient. (i) Whenever it comes to the attention of a haulage attendant that a tube being hauled by a rope, chain, locomotive or other mechanical means has got derailed, he shall immediately cause the haulage to be stopped. The tube shall then be re-railed, or detached from the rope etc., before the haulage is started again. (3) No person shall ride on any tub or haulage rope except with the written authority of the manager. A list of all persons so authorised shall be maintained. 98. Protection at loading chutes. – Every chute where tubes are loaded shall be provided with suitable gates for holding back the column of material. 99. Haulage engines and ropes – (1) Every haulage engine shall be provided with an effective brake. (2) (a). No rope shall be used for purposes of h aulage if it has any serious visible defect over any length. (b) Every rope which is capped shall be recapped once at least in every six months, and if necessary, at shorter intervals, under the supervision of a competent person. (c) For every haulage rope in use, a record of size, construction, quality, name of supplier, and dates of installation and of recapping, shall be kept in a bound paged book kept for the purpose, and all entries therein shall be made by the competent person who shall sign the same and date his signature. 100. Roadway Conveyors – (1) Every roadway conveyor shall be so installed that – (a) between the conveyor and one side of the roadway, there is a travelling space from obstruction not less than one metre wide; (b) the conveyor or any part thereof does not scrape against wooden props or supports; (c) the anchoring of the return station of the conveyor is independent of the face or roadway support.
- 145. (2) Where the inclination of the conveyor is such as to give rise to danger from sliding objects or material suitable devices shall be used to provide adequate protection against such danger. (3) On every length of roadway in which a conveyor is installed for transporting loads over a distance exceeding 30 metres, there shall be provided and maintained effective means of transmitting signals from every point on the length of the road to the place at which the machinery working the conveyor is operated: Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in the reserve direction also. (4) No belt conveyor shall be used in a mine belowground without the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. 101. Examination of haulage engines and track etc. – (1) It shall be the duty of a competent person to examine carefully - (a) once at least in every 24 hours, every haulage engine, brake-wheel, rope and other appliance in use; and (b) once at least in every seven days, every track where the haulage is effected by means of mechanical power of gravity, and every safety contrivance fitted thereon. (2) A report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. 102. Examination of haulage and travelling roadways – It shall be the duty of the forman or other competent person to examine carefully, once at least in every seven days, the state of all haulage and travelling roads and roadways, including roadways leading to all the outlets of the mine which are in use. A report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. 103. Locomotives – (1) No locomotive shall be used belowground otherwise than in accordance with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) No locomotive shall be used where the gradient of the track exceeds 1 in 15. (3) No person other than the driver shall ride on any locomotive unless authorised in writing to do so by the manager. (4) Except during shunting operations, the locomotive shall lead the tubs or set or train of tubs. 104. Movement of railway wagons – (1) No adolescent shall be employed in moving railway wagons. (2) The movement of railway wagons shall be carried on under the supervision of a competent male person who shall himself control the brake. (3) Before wagons are moved, persons likely to be endangered shall be warned by the competent persons appointed under sub-regulation (2). (4) No person shall move or attempt to move a wagon by pushing at the buffer, or by pulling from in front. (5) Where two or more wagons are moved simultaneously, the wagons shall be coupled together, and the number shall not exceed the number which can be effectively controlled; they shall be moved only by pushing from the sides or from behind the last wagon.
- 146. (6) No locomotive or wagon shall be moved when the natural light is insufficient, unless the approaching end is distinguished by a suitable light or is accompanied by a person carrying a lamp. (7) No person, other than the competent person referred to in-sub-regulation (2), shall pass immediately in front of wagons moving under bins or screens, nor between moving wagons and the under-structure of the bins or screens. (8) No person shall be upon the buffer of a locomotive or wagon in motion unless there is a secure hard- hold, or stand thereon unless there is also a secure footplace. No person shall pass over the coupling between any two wagons while the wagons are moving. (9) No person shall cross a line of rails by crawling or passing underneath a train or wagon, nor shall a person sit or sleep underneath a wagon. (10) Wherever railway wagons are specially placed so as to afford a thoroughfare, such thoroughfare shall be not less than five metres in width. (11) No material shall be placed or dumped within 1.2 metres from either side of a track of rails. 105. Fencings and gates – (1) Where any haulage road or tramline passes over a public road, suitable gates shall be provided to prevent danger to public from a moving tubs, sets or trains of tubs or locomotive. Every such gate shall be fitted with a danger signal, and when the natural light is insufficient, also with warning lamps. (2) Where occupied buildings are situated within 15 metres of any haulage road or tramline, a substantial fence shall be provided and maintained between such buildings and the haulage road or tramline. CHAPTER-XI : Mine Workings 106. Opencast workings – In opencast workings, the following precautions shall be observed, namely: - (1) In alluvial soil, morum gravel, clay, debris or other similar ground - (a)(i) the sides shall be sloped at an angle of safety not exceeding 45 degrees from the horizontal or such other angle as the Regional Inspector may permit by an order in writing and subject to such conditions as he may specify therein; or (ii) the sides shall be kept benched and the height of any bench shall not exc eed 1.5 metres and the breadth thereof shall not be less than the height: Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt from the operation of this clause any working in the case of which special difficulties exist, which in his opinion make compliance with the provisions thereof not reasonably practicable; and (b) where any pillar is left ‘in situ’ for the purpose of measurement, its height shall not exceed 2.5 metres; and where the height of such pillar exceeds 1.25 metres, the base of the pillar shall not be less than 1.6 metres in diameter. (2) (a) Where ‘float’ or other similar deposit is worked by manual means on a sloping face, the face shall be benched and the sides shall be sloped at an angle of not more than 60 degrees from the horizontal. The height of any bench shall not exceed six metres and the breadth thereof shall not be less than the height:
- 147. Provided that where the ore-body consists of comparatively hard and compact rock, the Regional Inspector may, by an order in writing an subject to such conditions as he may specify therein, permit the height of the bench to be increased up to 7.5 metres while its width is not less than six metres : Provided further that in case of a mine or part where special difficulties exist, the Chief Inspector may, by an order in writing an subject to such conditions as he may specify therein, relax the provisions of this sub-regulation. (b) Where in any mine or part it is proposed to work by a system of deep-hole blasting and/or with the help of heavy machinery for its digging, excavation and removal in such manner as would not permit of compliance with the requirement of sub-regulation (1) the owner, agent or manager shall, not less than 60 days before starting such work, give notice in writing of the method of working to the Chief Inspector and the Regional Inspector; and no such work shall be commenced o carried out except in accordance with such conditions as the Chief Inspector may specify by an order in writing. Every such notice shall be in duplicate, and shall give the details of the method of working including the precautions that are proposed to be taken against the anger from falls of sides and material. (3) In an excavation in any hard and compact ground or in prospecting trenches or pits, the sides shall be adequately benched, slopped or secured so as to prevent danger from fall of sides. (4) No tree, loose stone or debris shall unless otherwise permitted in writing by the Chief Inspector be allowed to remain within a distance of three metres from the edge or side of the excavation. (5) No person shall undercut any face or side or cause or permit such undercutting as to cause any overhanging. 107 Underground workings. – In every mine worked by a system of workings below ground, the following provisions shall have effect, namely – (1) Unless otherwise permitted by the Regional Inspector by an order in writing and subject to such condition as he may specify therein, the height of every main drive shall b not less than 1.8 metres. (2) The dimensions of pillars or blocks formed in any vein, load, reef or mineral bed or deposit shall be such as to ensure stability of the workings during the development and stoping stages ad between such stages. 1[(3) No extraction or splitting or reduction of pillars or blocks of minerals shall be commenced, conducted or carried out except with the prior permission in writing of the Chief Inspector and in accordance with such conditions as he may specify therein. An application for such permission shall be accom-anied by an up-to-date plan of the area where the pillars or blocks of mineral are proposed to be extracted or reduced, showing the proposed extent of extraction or reduction, the manner in which such extraction or reduction is proposed to be carried out, the thickness and other characteristics of the mineral deposit, the rate and direction of general dip and of the pitch of the vein, the nature of hangwall, and footwall, the stoping width, the depth of the workings, and such other particulars as the Chief Inspector may require. A copy of the application and the plan shall simultaneously be sent to the Regional Inspector. (3-A) The operations of extraction, splitting and reduction of pillars or blocks of mineral shall be commenced, conducted or carried out in such a manner as to prevent, as far as possible, the extension of a collapse in the stoped-out area over-riding the pillars or blocks of minerals that have not been extracted]. (4) Nothing in sub-regulation (3) shall prevent the spilitting or reduction of any pillar or block of mineral bed or deposit where, in the opinion of the manager such work is necessary for haulage, ventilation, drainage or any other purpose necessary for the proper working of the mine, if 14 days’ previous notice in writing of the intention to commence such work has been given to the Regional Inspector. Every such notice shall be accompanied by an offset plan showing details of the operation. If in the opinion of the
- 148. Regional Inspector such work is likely to endanger the stability of the workings, he may, by an order in writing, require the completion, before commencing such drivage or enlargement, of such protective works as he may specify therein. (5) Proper provision shall be made to prevent the premature collapse of workings; and adequate steps shall be taken to isolate, control or remedy any such collapse which may occur. 108. Powers of Inspectors – If in any mine or part thereof, it appears to the Re gional Inspector that the provisions of regulations 106 and 107 or of any order issued under any of these regulations have not been complied with, he may give notice in writing to the owner, agent or manager requiring him to take such protective measures, within such time as he may specify in the notice. In case of non-compliance with the requirements of the notice, the Regional Inspector may, by an order in writing, prohibit until the requirements specified in the notice are complied with to his satisfaction, the employment of any person other than those required for complying with the said requirements, in the part or parts of the mine in which protective measures are required to be taken. 1[108A. Pointing out contraventions during inspections – (1) If the Chief Inspector or an Inspector, during his inspection of any mine, finds or comes to know of any contravention of any provisions of Act or the regulations, rules, bylaws of orders made thereunder, he shall enter such contravention in an inter leafed paged and bound register kept for the purpose at the mine, in Form VI and shall also point out such contravention to the owner, agent or manager, it present on the spot. The Chief Inspector or the Inspector making the entry in the Register aforesaid shall duly sign such entries with date, and take a carbon copy of the entries for his record: Provided that the Chief Inspector or the Inspector need not enter such contraventions which require confirmation after a survey or other further examination and he may subsequently intimate the owner, agent or manager, specifying the contraventions, if confirmed, and also any other contraventions which were, by inadvertence, not entered in the register aforesaid. (2)The owner agent or manager shall check the aforesaid register once every day and countersign each entry therein. He shall et copies of such entries made out within three days of the ate of entry and display one such copy on the notice board of the mine for a period of at least fifteen days. When so required, the owner, agent or manager shall also supply copies of the entries to the registered trade unions of workers in the mine and to the State Government concerned. (3) The owner, agent or manager of the mine shall return one copy, within a period not exceeding fifteen days from the date of the entry, to the Chief Inspector or the Inspector who made the entry with remarks thereon showing the action taken to remedy the contravention and the date on which such action was taken. 109. Workings under railways and roads, etc. – (1) No workings shall be made and no work of extraction or reduction of pillars shall be conducted at, or extended to, any point within 45 metres of any railway, or of any public works in respect of which this regulation is applicable by reason of any general or special order of the Central Government, or of any public road or building, or of other permanent structure not belonging to the owner of the mine, without the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) Every application for permission under sub-regulation (1) shall specify the position of the workings of the mine in relation to the railway or public road or works or building or structure concerned, the manner in which it is proposed to carry out the intended operations, and the limits to which it is proposed to carry out the said operations; and shall be accompanied by two copies of a plan showing the existing and the intended mining operations in so far as they affect the railway or public road or works or building or structure concerned. A copy of the application shall also be sent in the case of a railway, to the railway
- 149. administration concerned; and in the case of any public works as aforesaid, in such authority as the Central Government may by general or special order direct. (3) Notwithstanding anything contained in the regulations, the stability of such railway, road, works, building or structure shall not be endangered until it has been dismantled, diverted or vacated, as the case may be. (4) Where the stability of such railway, road, works, buildings or structure has been endangered due to any mining operations, the Chief Inspector may, by an order, in writing, require the owner to construct in the mine belowground or on the surface such protective works within such time as he may specify in the order. 110. Protective works before a mine is closed – [(1) The Chief Inspector may, by an order in writing, require the owner of any mine to which regulation 6 applies, to construct in the mine belowground or on the surface such protective works within such time as he may specify therein. (2) If the owner fails to construct such protective works within the time specified in the order, the Chief Inspector may get the works executed by any other agency, and the cost thereof, as certified by the Chief Inspector shall be defrayed by the owner of the mine and recoverable from him as an arrear of land revenue. (3) Until the protective works have been constructed to the satisfaction of the Chief Inspector, the means of entering the mine at not less than two entrances shall be kept intact and in working order. 111. Working near mine boundaries – 2[(1) The owner, agent or manager of every mine shall fixed boundaries of the mine. Notwithstanding anything contained in sub-regulation (2), the shall not be changed except with the permission of the Chief Inspector in writing and subject to such conditions as he may specify therein]. 3[(2)] No working shall be made within a distance of 7.5 metres of the boundary of any mine and, in case of a disputed boundary, no working shall be made within a distance of 7.5 metres of the boundary claimed by the owner of an adjacent mine until such time as a binding agreement has been reached as to the correct boundary or the question has been finally determined by a court of law: 1[Provided further that, where the workings of any 2[mine], for any reason, are extended or get extended within any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in writing, require the owner to construct such protective works within such time as he may specify in the order]. 3[(3)] Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the workings of any mine or part thereof to extend within any shorter distance than 7.5 metres aforesaid, or may require that the said working shall not extend further than a specified distance, not exceeding 60 metres, of such boundary. 112. Support of workings. – (1) The roof or back, hanging wall, footwall and sides of every roadway and working place, including airways and travelling roadways to second outlets, shall be made and kept secure. (2)(a) If the Regional Inspector is of the opinion with respect to any mine or part thereof that systematic support for the roof or back hanging wall, footwall and sides, or either, or them, ought to be provided an maintained for the purpose of securing the safety of persons employed therein, he may serve upon the owner, agent or manager an order in writing specifying the mine or part, stating that he is of opinion aforesaid and requiring the provision and maintenance of support in accordance with a code of Timbering Rules which he may specify in the order. (b)The manager shall hand over copies of the code of Timbering Rules to the assistant manager, the underground manager and to all other supervising officials concerned, and shall also post such copies at conspicuous places in the mine.
- 150. (c) The manager, assistant manager, underground manager and such supervising officials shall be responsible for securing effective compliance with the provisions of the Timbering Rules, an the mine or part thereof shall not be worked in contravention thereof. 113. Setting of supports. – (1) Every piece fo timber used as a support shall be set securely and on a secure foundation an whenever it becomes loose or broken shall, as soon as possible, be tightened or replace. (3) Every crib set or pigstye used as a support shall be well built on a secure foundation, and shall be made and kept tight. Only rectangular pieces of material shall be used as members of a crib set or pigstye; so however that in case of timber it shall be sufficient o joggle two opposite sides to provide flat surfaces. (4) The sides of every pack used for the purpose of support shall be well built on secure foundation. The pack shall be filled with debris or other suitable incombustible material, if so required by the Regional Inspector as shall be made as tight as practicable over its whole area. (5) Where sand or other material is stowed for the purpose of support, it shall be paced tight. (6) Except where it is no longer necessary for purposes of support, any support dislodged by or removed for any operation shall be replaced with the least possible delay. (7) In every place wherein a fall of ground involving the displacement or breakage of supports has occurred, no work of clearing the fall or any part thereof shall be undertaken until the newly exposed roof or back hanging wall, footwall or side has been examined and made safe- if necessary, by temporary supports. 114. Steep workings – (1) In workings having an inclination of 30 degrees or more from the horizontal adequate precautions shall be taken to prevent danger to persons from falling or rolling of timber, tools or other appliances or material. (2) No person shall work or be permitted to work at any place having an inclination of 45 degrees or more from the horizontal, where he is likely to slip or overbalance, unless he is secured by a safety belt or life line or is otherwise safeguarded. 115. Fencing and gates – (1)(a) Unless otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify the top of every opencast working shall be kept securely fenced. (b) Where an excavation which has been formed as a result of any mining operation, extends within a distance of 15 metres from a public road or any building, substantial fencing shall be erected and maintained around the excavation. (c) Where as a result of mining operations, a subsidence of the surface has taken place or is likely to take place and persons are likely to be endangered thereby, the owner, agent or manager shall keep the entire surface area securely and effectively fenced. (2) Every entrance to a shaft, winze, ore-pass, chute sump, store or other dangerous place shall be provided with an efficient fence, barrier or gate, so designed and constructed as to effectively prevent any person from entering or falling therein. (3) Where a shaft , winze rise, chute, ore-pass or stope leads directly into a working place or travelling roadway, such place or roadway and any working place situated on its dip side, shall be securely guarded or otherwise protected as to prevent danger to persons from falling materials. (4) Every entrance from a roadway in a mine to a part of the mine which, for the time being, is neither being worked nor being used for any purpose, by reason of any cause whatsoever, shall be provided with a fence, barrier or gate so designed and constructed as to prevent any person from inadvertently entering that part of the mine.
- 151. (5) (a) Shaft and opencast workings temporarily or permanently out of use and any place in or about an excavation which is dangerous shall be completely filled in or kept securely fenced: Provided that if in the opinion of the Regional Inspector, any disused trench, pit or other excavation is dangerous, he may, by an order in writing, require the same to be filled in to the level of the adjacent ground. (b) Before a mine is abandoned or the working thereof discontinued, the owner, agent or manager shall cause the top or entrance of every shaft, incline or other opening into the mine to be fenced by a structure of a permanent character sufficient effectively to prevent persons falling into or entering the same. 116. Examination by mining mate – (1) Every place in a mine, whether belowground or in opencast working including travelling roadways and landings, where work is carried on or where persons are stationed or required to pass shall be placed under the charge of a mining mate or other competent person. (2) The mine or district assigned to a mining mate or other competent person shall not be of such a size, nor shall any additional duties other than his duties under the regulations be such, as to be likely to prevent him from carrying out in a thorough manner the duties prescribed for him under the regulations. If any doubt arises as to the foregoing, it shall be referred to the Chief Inspector for decision. (3)(a) At the entrance to every mine or district, one ore more stations shall be fixed by the manager; and except in the case of a mine working in a continuous succession of shifts no person other the persons making the examination under clause (b) or an official shall pass beyond any such station until all the roadways and working places to which such persons are required to have access, have been examined by the competent person in charge of the mine or district and found to be satisfactorily ventilated and in safe condition. Every such station shall be legibly marked ‘STATION’ and shall be of such a size as to accommodate all the persons employed in the district in any one shift. (d) The mining mate or other competent person accompanied by such assistants as may be required shall, within two hours before the connection of work in a shift, inspect every part of the mine or district assigned to him, in which persons have to work or pass during the shift and all roadways and working places where work is temporarily stopped and shall ascertain the condition thereof as regards ventilation, sanitation, the presence of gases, the state of the roof and sides, presence of spontaneous heating and other fire risks, and generally so far as the safety of the persons is concerned. Provided that in the case of a mine or part to which regulation 142 applies, such inspection shall be made with an approved flame safety lamp; an that in the case of a mine or part to which regulation 123(1) applies, a cage containing suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector shall be carried during every such inspection. (e) Similar inspections shall be made once at least in every four hours during which the shift continues, of all the roadways and other working places to which persons engaged in the mine or district are required to have access; (f) The mining mate or other competent person shall, at the completion of his shift, record without delay the result of his inspections in a bound paged book kept for the purpose. Every such report shall be a full and accurate report of the inspections and shall include the following. (i) the details referred to in clause (b); (ii) the number of persons working under his charge; (iii) such instructions for the purposes of securing the safety of the persons as he may have given during his shift; and (iv) the date and time of the inspections, the signature of the mining mate or other competent person, and the date and time when the report was written.
- 152. (g) In case of a mine where any other system of examination of working places has been in force, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit such a system to be continued in lieu of the system of examination laid down in this sub- regulation. (12) In the case of a shaft in the course of being sunk, the competent person or chargeman shall – (a) have entire charge of the shaft bottom and shall, in his shift, remain in the shaft while persons are at work at the bottom of the shaft. He shall be the last person to ascend the shaft at the end of the shift and if his shift is succeeded immediately by another shift, he shall not leave the bottom of the shaft until after the descent of the chargeman of the succeeding shaft; and (b) after each round of shots, and at the beginning of every shift, and after every cessation of work in the shaft for a period exceeding two hours, shall examine the sides of the shaft and remove all loose pieces before persons are allowed to descend. 114. Avoidance of dangers – (1) If at any time it is found by a competent person in charge of a mine or district, that by reason of any cause whatsoever, the mine or district is dangerous, he shall immediately withdraw all persons from the mine or district; and the mine or district shall be fenced off so as to prevent persons inadvertently entering therein. (2) The competent person shall also immediately inform the manager or under-manager or assistant manager about the danger, and shall record the fact in the book kept under sub-regulation (3). (3) The manager or assistant manager or underground manager shall make, or cause to be made by a competent person, a careful examination of the mine or district; and no person shall, except in so far as is necessary for enquiring into the cause of the danger or for the removal thereof or for exploration, be re - admitted into the mine or district until the mine or district is reported to be safe. A report of every such examination shall be recorded without delay in a bound paged book kept for the purpose and shall be signed and dated by the person who made the examination. (4) If the work of removing the danger is suspended before the danger is removed, the mine or district shall be securely fenced off effectively to prevent persons entering therein during the period of suspension. (13) Notwithstanding anything contained in these regulations – (a) where the danger arises from the presence of inflammable or noxious gas, the provisions of regulation 141 shall apply; and (b) where the appearance in any part of amine of smoke or other sign indicates that a fire or spontaneous heating has or may have broken out the provisions of regulation 12 0 shall apply. 118. General precautions – (1) Where several persons are working together in any place, one of them shall be placed in charge. N person shall be so appointed unless he is 21 years of age and has had not less than three years’ experience in the workings of a mine. (2) No person shall work in any place other than his authorised working place. (3) Every person shall carefully examine his working place before commencing work and also at intervals during the shift. If any dangerous conditions is observed, he shall cease all work at that place and shall either take immediate steps to remove such danger or inform an official or the competent person in charge of the mine or district. Where several persons are working together and one of them is in charge, the examination required by this sub-regulation shall be made by the person in charge.
- 153. (4) No person shall work or travel on any ledge or footpath less than 1.5 metres wide, from which he will be likely to fall more than 1.8 metres, unless he is protected by guard rails, fence or rope suitably fixed and sufficiently strong to prevent him from falling. (5) (a) No person shall carry or be permitted to carry any load along a road or footpath having an inclination of 30 degrees or more from the horizontal. (b) Every road or footpath, along which loads are carried by human agency, shall comply with the following requirements - (i) its breadth shall not be less than one metre; and (ii) at every place where the inclination exceeds 15 degrees from the horizontal, level steps shall be provided such that the vertical height of every step does not exceed 0.20 metre and the distance from the edge to the back is not less than 0.35 metre. Explanation – Gang-planks used for loading purposes shall not be deemed to be part of a footpath for the purposes of this sub-regulation, provided that every gang-plank shall be so inclined or constructed as to give a secure foot-hold. (6) No person shall be employed to lift, carry or move a load so heavy as is likely to cause bodily injury or injury to health of that person. In case of any doubt as to whether risk of bodily injury or injury to health is involved, it shall be referred to the Chief Inspector for decision. (8) Every person shall ensure that tools, wood, stones, or other articles are not put down or allowed to remain, in or near a shaft , winze or opening into a stope where work is going on, in such position as may result in their falling into the shaft, winze, or stope, as the case may be. (8) No person shall cast nay material down any chute, pass or stope or other place until he has assured himself that no person is in the way. (9) No person shall work or be permitted to work alone in any remote part of a mine where, in any accident occurred he would not soon be discovered or assisted. (10) No inexperienced person shall be employed in the mine for any work whereby he or other persons can be seriously endangered, except under the supervision and guidance of an experienced person. CHAPTER XII – Precautions against Dangers from Fire, Dust, Gas and Water 119. Precautions against Fire – (1) (a) No oil, grease, canvas or other inflammable material shall be stored in any mine except in a fire-proof receptacle. Greasy or oily waste in workings belowground, shall be regularly remo ved to the surface. (b) No person shall place or throw, or cause or permit to be placed or thrown, any naked light or lamp or ‘cheesa stick’ or kai-piece’ on or near any timber, wooden structure or other combustible material. © Where explosives are used in blasting any timber forming part of stulls, sets and chutes sufficient water shall be applied to the timber both before and after firing a shot. (2) (a) All surface structures and supports within a horizontal distance of 10 metres from all entrances to a mine shall be of incombustible material :
- 154. Provided that this clause shall not apply to temporary structures, supports and coverings at the top of a shaft or winze which is in the course of being sunk an to the small lid of a shaft-covering operated by the rope cappel. (b) Dead leaves or dry vegetation shall not be allowed to accumulate or remain, and combustible materials other than material required for use within a period of 24 hours, and inflammable materials, shall not be stored within a distance of 15 metres f rom any entrance to a mine, which is not effectively sealed off from the workings belowground. (c) No person shall light a fire or permit a fire to be lighted on the surface within a distance of 15 metres from any entrance to a mine, except by an order I writing of the manager and only for a special purpose specified in such order. All such orders shall be recorded in a bound paged book kept for the purpose: Provided that this clause shall not apply to boilers other than vertical boilers. (3) (a) Except with the previous permission in writing of the Regional Inspector and subject to such conditions as he may specify therein, no timber or other combustible material shall be used I the construction of or in connection with, any shaft lining or any room housing any machinery or apparatus belowgsround. (b) Wood cuttings shall not be left in any working belowgroud, but shall be removed to the surface at the end of every shift. ©No person shall light a fire or permit a fire to be lighted in any workings belowground : Provided that – (i) in the case of a mine to which regulation 142 does not apply, flame or electric welding or repairing apparatus may be used belowground if permitted by a order in writing of the manager or assistant manager or underground manager. Every such order shall specify person who shall be in charge of the apparatus; and it shall be the duty of such person to bring the apparatus back to the surface when no longer required belowgsround; and (ii) in the case of a mine to where the provisions of regulation 142 apply, a flame or electric welding or repairing apparatus may be used belowground if prior permission in writing has been obtained from the Regional Inspector and subject to such conditions as he may specify therein. (d) No person shall leave a portable light or lamp belowground unless he has placed it in charge of some other person remaining therein. (e) At the end of a shift, unless the mine is worked by a continuous succession of shifts, after all persons have left the mine, all lights shall be extinguished and all power cut off : Provided that nothing in this clause shall be deemed to prohibit the running of a mechanical ventilator or auxiliary fan belowground after the shift is over. (f) Proper provision shall be made to prevent an outbreak of fire or spontaneous heating belowground or the spread of fire to the mine from any adjoining mine; and adequate steps shall be taken to control or isolate any such fire or heating that may occur. Where in the opinion of the Regional Inspector the provisions of this clause have not been complied with or the steps so taken are inadequate, he may, by an order in writing, require such aditional precautions or steps to be taken within such time as he may specify therein. If any such order is not complied with within the specified period, the Regional
- 155. Inspector may prohibit until the order has been complied with, the employment in the mine or part, of any person whose employment is not, in his opinion, necessary for the purpose of complying with the order. 120.Precautions after a fire has broken out – (1) (a) On the appearance in any part of a mine of smoke or other signs indicating that a fire or spontaneous heating has or may have broken out, all persons other than those whose presence in the mine is deemed necessary for dealing with the fire or heating shall be immediately withdrawn from the mine. No person, other than those required for dealing with or sealing off the fire or heating, shall be admitted in the mine until the fire or heating has been extinguished or effectively sealed off and an examination has been made by the manager or by the assistant manager or underground manager and the mine has been declared to be safe. A report of every such examination shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination : Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment in the mine, of persons other than those required to deal with the fire or heating. (b) The examination required by clause (a) shall be made with a cage contain in suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector. (2) During the whole time that any work of dealing with or sealing off a fire or heating belowground is in progress – (a) a competent person shall be present on the spo0t throughout. (b) There shall be available, at or near the place, two smoke helmets or other suitable apparatus for use in emergency; and (c) A cage containing suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector shall be kept at all places where persons are employed. 121. Equipment for free-fighting – (1) a sufficient supply of sand or in combustible dust or sufficient portable fire extinguishers shall be provided at every entrance to a mine, at every landing and the bottom of every shaft or winze in use, at every engine room and at every other place where timber, canvas, grease, oil or other infalmmable material isstored. (2) At every mine, the following provisions shall be made for dealing with any fire or heating belowground – (a) A sufficient supply of sand or incombustible dust or sufficient portable are extinguishers shall be kept at suitable places at the entrance to every district; and (b) In every mine employing 100 persons or more belowground on any one day in that of the previous year - (i) where pipes containing water under pressure are available, an adequate number of tape, not more than 120 metres apart, shall be provided on such pipes, Hose-pipes not less than 60 metres in length and the necessary fittings shall be provided. (ii) Portalbe water tanks fitted with hand pressure pumps and hose-pipes not less than 60 metres in length and the necessary fittings shall be pro vided.
- 156. (3)(a) Soda acid type extinguishers or water shall not be used for fighting oil or electrical fires. (b)Foam type extinguishers shall not be used for fighting electrical fires. (c) Fire extinguishers containing chemicals which are liable, when operated, or give off poisonous or noxious gases, shall not be provided or used belowground : Provided that nothing in this clause shall be deemed to prohibit the use belowground of fire extinguishers giving off carbon dioxide when operated. (9) A competent person shall, once at least in every three months, examine every fire -extinguisher so provided, and shall discharge and refill it as often as may be necessary to ensure that it is in proper working order. A report of every such examination or refilling shall be kept in a bound paged book kept for the purpose, and shall be signed and dated by the person making the examination or refilling. 122. Apparatus for testing for Carbon Monoxide – In every mine to which regulation 123 (1) and 142 apply there shall be kept at the mine, constantly available for use, two or more suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector : Provided that the Regional Inspector may, by an order in writing, require compliance with this regulation in case of any other mine also. 123. Precautions when a fire exists belowground . – (1) In every mine in which a fire of spontaneous heating exists in workings belowground (whether such fire has been isolated by means of suitable seals or not), no work whatsoever shall be done in any part or section adjacent to the part or section on fire or believed to be on fire, except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) In every mine to which sub-regulation (1) and regulation 142 apply, arrangements shall be made, once at least in every 30 days, to ascertain the atmospheric conditions behind the seals of an area of old workings or a fire or spontaneous heating unless such seals are capable of resisting the force of an explosion : Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt any mine or part thereof from the operation of this sub-regulation where in his opinion special difficulties exist which make compliance with provisions thereof not reasonably practicable. (4) (a) Every seal erected to isolate or control a fire or spontaneous heating belowground shall be numbered, and shall be of adequate strength and shall be so maintained as to prevent any leakage of air or gas through it. Where water is likely to accumulate behind any such stopping, there shall be provided in the stopping a suitable pipe or other device to drain away the water without permitting any leakage or air or gas etc. (b) where in any mine or part thereof the provisions of clause (a) have not been complied with or where in the opinion of the Regional Inspector the steps so taken are inadequate, he may give notice in writing to the owner, agent or manager requiring him to take such protective measures, within such time, as he may specify therein. In case of non-compliance with the requirements of the notice, the Regional Inspector may, by an order in writing, prohibit until the requirements of the notice have been complied with to his satisfaction, the employment in the mine or part, of any person whose employment is not, in his opinion, necessary for the purpose of complying with the requirements aforesaid.
- 157. (4)A competent person shall, once at least in every seven days, inspect all seals erected to isolate or control a fire or spontaneous heating belowground. During every such inspection, he shall ascertain the general condition of every seal, check it for leakage and presence of gas and ascertain the temperature and humidity of the atmosphere outbye the seal. For every seal, he shall place his signature, with date, on a check-board provided for the purpose at a suitable position on the seal; and this record shall be maintained for a period of not less than three months A report of every such inspection shall also be recorded in a bound paged book kept for the purpose an shall be signed and dated by the person making the inspection : Provided that the Regional Inspector may, by an order in writing, require such inspection to be made at such shorter intervals as he may specify therein. 1124. Precautions against dust. – (1) The owner, agent or manager of every mine shall take such steps as are necessary for the minimising of emissions of dust and for the suppression of dust which enters the air at any work place belowgsroud or on surface and for ensuring that the exposure of workers to respirable dust is limited to an extent that is reasonably practicable but in any cast not exceeding the limits that ae harmful to the health of persons. (2) For the purpose of this regulation, a place shall not be deemed to be in a harmless state for person to work or pass or be therein, if the 8 hours time – weighted average concentration of airborne respirable dust – (i) in milligrams per cubic metre of air sampled by a gravimetric dust sampler of a type approved by and determined in accordance with the procedure as specified by the Chief Inspector by a general or special order, exceeds five in case of manganese ore and the value arrived at by dividing the figures of fifteen with the percentage of free respirable silica present in other cases; or (ii) in case of respirable asbestos fibres, exceeds tow fibres per mililitre of air sampled by an open membrance filter and measured by a phase contrast optical microscope of a type approved by and in accordance with the procedure as specified by the Chief Inspector or by a general or special order. Explanation – For the purpose of this regulation, the term “respirable asbestos fibre” means any fibrous form of mineral silicates of chrysolite, actionolite, amosite, anthophyllite, crocidolite, tremolite or any admixure threof with a length of greater than 5 micrometres and a diameter of less than 3 micrometres and a length to – diameter ratio greater than three is to one. (3) (a) The owner, agent or manger of every mine shall, within six months of the coming into force of the Metalliferous Mines (Amendment) Regulations, 1988 and once at least every six months thereafter or whenever the Regional Inspector so requires by an order in writing, cause the air at every work place where airborne dust is generated to be sampled and the concentration of respirable dust therein determined : Provided that, if any measurement at any workplace shows the concentration in excess of fifty percent or seventy five percent of the allowable concentration as specified in sub- regulation(2) (hereinafter referred to as ‘permissible limit’) the subsequent measurements shall be carried on at intervals not exceeding three months or one month respectively : Provided further that, such measurements shall also be carried on immediately upon the commissioning of any plant, equipment or machinery or upon the introduction of any new work practice or upon any alteration therein that is likely to bring about any substantial change in the level of airborne respirable dust.
- 158. (b) The location, frequency, timing, duration and pattern of sampling shall be such that the samples drawn are, as far as practicable, truly representative of the levels of dust exposure of work persons, and he sampling shall include – (i) ‘static monitoring’ to identify sources of dust emission and levels of dust concentration in working environment ; and (ii) ‘personal monitoring’ of air reaching the breathing zone of work persons. The sampling shall be duly supplemented by short-term sampling during peak-emissions. (c)Samples shall be taken – (i) by a person who has been specially trained for the purpose; and (ii) by the sampling equipment and accessories that have bee checked to ensure correct maintenance and efficient operation thereof and examined, tested and calibrated on a date which is not earlier than one yar. (d) Respirable dust content of the samples and quartz content shall be determined as soon as practicable at a properly equipped laboratory approved in writing by the Chief Inspector in that behalf. (e) All result of measurements of airborne respirable dust and all other relevant particulars shall be systematically recorded within fourteen days of the date of collection of samples, in a bound paged book kept for the purpose. Every entry in the book aforesaid shall be countersigned and dated by the manager within twenty four hours after such recording. (4)When the dust monitoring results have established that the permissible limit of dust concen trations being exceeded at any place, the relevant operation or operations causing excessive dust shall cease. The operation or operations shall not be resumed and allowed to be carried on until improvements have been made in the prevention and suppression of dust and fresh sampling carried out immediately on resumption of the said operation or operations has established that such improvements have reduced the dust concentration below the ‘permissible limit’ : Provided that if the dust prevention and suppression device of any machinery or equipment fails to operate efficiently, the operation of the said machinery or equipment shall likewise cease and shall not be resumed until the defect therein has been rectified: Provided further that, purely as a continency measure or as a secondary means of protection in a work situation wherein it is technically not feasible to reduce the respirable dust concentration below the ‘permissible limit’ or during the time period necessary to instal and commission any device or to institute any new work practice for dust prevention or suppression, compliance with the ‘permissible limit’ of dust exposure may be achieved by remote operation or by job rotation and failing which by the use os a respiratory equipment of a type specified from time to time by the Chief Inspector, by a general or special order in writing in this behalf. (5) The owner, agent or manager or every mine where need of dust respirators might arise shall – (a) ensure that, subject sot the second proviso to sub-regulation (4), no person goes into or works or is allowed to go into or work at any place where the respirable dust concentration is in excess of the ‘permisible limit’ unless he wears a suitable dust respirator; and (b) Provide –
- 159. (i) sufficient dust respirators of appropriate design at no costs to concerned work persons for their use (ii) for the dust respirators to be regularly cleaned, disinfected and maintained in efficient working order; and (iii) for the proper fitting of and for thorough training of the concerned workers in the need for and correct use of respirators. (6) To prevent the liberation and accumulation of dust and the propagation of airborne dust, the following provisions shall have effect, namely :- (a) dust shall be suppressed as close as possible to its source of formation. (b) During any operation of drilling or boring on surface or belowground - (i) the production of dust shall be reduced by using bits which are sharp and of proper shape, by keeping suitable pressure on the bits and by keeping the h0les clear of the cuttings, (ii) a jet of water shall be directed on to the cutting edge to wet the cuttings or other equally efficient device approved by the Chief Inspector shall be provided and kept in operation throughout the drilling or boring operation to prevent the atmosphere being charged with dust. Where pneumatic drilling is performed, water shall be turned on before turning on compressed air to the drill. When, however, drilling is done by hand, it shall be sufficient if holes are kept constantly moist during such drilling. (c) Roadways on surface or below ground where mobile mining machinery ply shall be regularly wetted or shall be effectively treated with some other equally efficient agent to reduce dust being raised in the atmosphere to a minimum. (d) No plant for the screening or sorting of minerals or ores and as far as practicable, no heap of cinder, cement, sand, mortar or other dry and fine material shall be placed within 80 m. of the top of any down -cast shaft or other intake airway not shall any such material be so handled as to make it air-borne an drawn into such shaft or airway. (e) In every working belowground– (i) no machinery or equipment which is likely to emit dust in excess of ‘permissible limit’ shall be operated unless it is equipped with a suitable dust-prevention and suppression device and unless such device is operating efficiently ; (ii) work places and rock walls in the vicinity thereof shall be, unless naturally wet throughout regularly washed down to prevent accumulation of dust and shall be kept thoroughly wetted during work shifts; (iii) a current of air sufficient to clear away the dust emitted by any machinery or operation and to dilute the dust concentration below the ‘permissible limit’ shall be maintained by means of general ventilation and if necessary, by local ventilation, so however that, as far as practicable, the velocity of air in any roadway or workplace shall not be such as to raise dust in the atmosphere;
- 160. (iv) after blasting, working places shall not be entered, unless sufficient time has elapsed for dust, smoke and fumes to be cleared by a current of air and the broken ore or rock shall not be moved unless it has been thoroughly wetted with water; (v) vehicles, tubs and conveyors used for transport of mineral or ores shall be maintained in good condition so as to minimise spillage or leakage and chutes, spiral conveyors, ore passes, bins, tipplers conveyor discharge points and skip loading and unloading installations shall be so controlled as to reduce the formation of dust to the minimum. Such material shall be als o thoroughly wetted with water unless it is already wet or other effective means of dust suppression are used; (vi) unless, owing to special difficulties, exempted in writing by Regional Inspector in that behalf and subject to such conditions as he might specify therein, water in pipes in sufficient quantity and under adequate pressure and independent of any pumping system shall be provided ad maintained so as to get maximum efficiency in the laying of dust. (f) No process of crushing, breaking, disintegrating, opening, grinding, screening or sieving of ores, minerals or stone or any operation incidental thereto shall be carried out at any mine unless appropriate and effective dust control measures, such as, bust not limited to isolation, enclosure, exhaust ventilation and dust collection are designed, provided, maintained and used. (g) The exhausted air, belowground or on surface, which contains dust in excess of the ‘permissible limit’ shall be efficiently diluted and if necessary filtered so as to reduce the cocentration of respirable dust threin below ten percent of the ‘permissible limit’ before being recirculated into working places or before emission into atmosphere. (h) Every device used for the prevention and suppression of dust produced by any machinery, equipment or process as also for the filtering of the exhausted air and every dust respirator shall be inspected once at least in every seven days and shall be thoroughly examined and tested at least once in every period of six months and reports of the results of every such inspection, examination and test shall be recorded in the register maintained under clause (e) or sub-regulation (3). (7) The owner, agent, or manager of every asbestos mine where mining operations are carried on and where ‘permissible limit’ of dust concentration is exceeded, shall also – (a) Provide – (i) sufficient protective clothing in good condition for the use of, at no cost to, the persons employed in such operations, as well as arrangements for proper dusting by means of a vacuum cleaner and for regular washing thereof; (ii) suitable place for putting on and taking off the protective clothing; (iii) well maintained washing and bathing places; (iv)separate place for storing and changing personal clothing; (v) clean and hygienic place for taking good or snacks -
- 161. (b) cause – (j) sorting, separation, grading, mixing, compression and packing of asbestos fibres and collection and disposal of waste including filtered dust to be carried out in such a manner that asbestos dust does not escape into air ; (ii) All machinery, plant, work premises and all internal surfaces of the building where milling operations are carried on to be maintained in clean state and free of asbestos waste. Such cleaning shall be carried out by means of a vacuum cleaner or by some suitable exhaust draught ad persons undertaking these operations or present thereat shall be provided with and wear appropriate respiratory equipment and protective clothing; (iii) asbestos fibres to be packed in impermeable bags; (iv) cautionary notices, in language or languages understood by the majority of work persons with standard warning symbol to be prominently displayed at every such place were milling of asbestos is carried on and where the ‘permissible limit’ of dust exposure is likely to be exceeded, to warn the per sons as to the hazards to health from asbestos dust, as to the need for the use of protective clothing and of appropriate dust respiratory by persons entering therein and as to the synergistic effect on the hazards of smoking cigarettes, beedis, cigars, etc. and occupational exposure to asbestos dust. (8) The manager of every mine where airborne dust is generated, shall formulate and implement a scheme specifying – (a) the location, frequency, timing duration and pattern of sampling ; (b) the instruments and accessories to be used for sampling ; (c) the laboratory at which respirable dust content of samples and quartz content shall be determined ; (d) the format in which the results of measurements of dust concentration and other particulars have to be recorded ; (e) the organization for dust monitoring and for the examination and maintenance of dust prevention and suppression measures and dusts respirators ; and (f) the manner of making all persons concerned with the implementation of the dust control measures fully conversant with the nature of work to be performed by each in that behalf. (9) The Regional Inspector may, where special conditions exist, permit, or require by an order in writing and subject to such conditions as he may specify therein, any variation in the foregoing provisions or in the manager'’ scheme. (10) If any doubt arises as to any matter referred to in this regulation, it shall be referred to the Chief Inspector for decision]1. 125. Precautions against irruption of gas – Where any working is extended to within 30 metres of any stoped-out area or disused workings containing or likely to contain an accumulation of inflammable or noxious gases, there shall be maintained at least one bore-hole not less than 1.5 metres in advance of the working. The operation of drilling the bore hole shall be carried out under the supervision of a competent person; and where
- 162. inflammable gas is present or likely to be present, no lamp or light other than an approved safety lamp or torch shall be used in any such working. 126. Recovery and exploratory work – (1) After an explosion of inflammable gas has occurred in a mine only such persons as are authorise by the manager or by the principal official present at the surface, shall be allowed to enter the mine. (2) When it is intended of proposed to reopen a mine or part thereof, which has been isolated, sealed off or flooded with water to deal with a fire or spontaneous heating, the owner, agent or manager shall, not less than 14 days before the commencement of such work, give notice in writing of such intention or proposal t the Regional Inspector and the Chief Inspector. (3) Where it is intended to carry out any exploratory work in a mine or part belowground likely to contain irrespirable atmosphere – (a) no party of less than three persons shall be allowed to proceed to carry out such work; and (b) every such party shall carry a cage containing suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector and also an approved flame safety lamp. 127. Danger from surface water – (1) Where any mine or part thereof is so situated that there is any danger of inrush of surface water into the mine or part, adequate protection against such inrush shall be provided and maintained. If any dispute arises as to whether such protection is adequate or not, it shall be referred to the Chief Inspector for decision. (2) No workings shall be made in any mine vertically below – (a) any part of any river, canal, lake, tank or other surface reservoir; or (b) any spot lying within a horizontal distance of 15 metres from either bank of a river or canal or from the boundary of a lake, tank or other surface reservoir; except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (3) Every application for permission under sub-regulation (2) shall be accompanied by two copies of a plan and section showing the existing position of the workings of the mine, the proposed layout of workings, the depth of the workings from the surface, the position and depth of any stoped -out area in the neighborhood, all faults and other geological disturbances and such other particulars as may affect the safety of the mine or of the persons employed therein. Explanation. – Where sand or alluvium are lying in the course of a river, canal, lake, tank or reservoir, the depth from the surface shall be reckoned from the surface of hard ground underlying such sand or alluvium.
- 163. 128. Danger from underground inundation. – (1) Proper provision shall be made in every mine to prevent irruption of water other liquid matter from the workings of the same mine or of an adjoining mine. (2) (a) No working which has approached withi a distance of 60 metres of any disused or abandoned workins (not being workings which have been examined and found to be free from accumulation of water or other liquid matter), whether in the same mine or in an adjoining mine, shall be extended further except with the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein : Provided that if any heavy seepage of water is noticed in any working approaching, but not within 60 metres of, any such disused or abandoned working, such working shall be immediately stopped, an the Chief Inspector and the Regional Inspector shall forthwith be informed about the occurrence. The workings shall not be extended further except with the prior permission in writing of the Chief Inspector ad subject to such conditions as he may specify therein. Explanation. – For the purpose of this sub-regulation, the distance between the said workings shall man the shortest distance between the said workings measured in any direction whether horizontal vertical or inclined. (b)Every application for permission under clause (a) shall be accompanied by two copies of a plan and section showing the outline of such disused or abandoned workings in relation to the workings which are approaching the said workings and such other information as may be available in respect of the said workings. (c) Except where otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, no such working shall exceed two metres in width or height; and there shall be maintained at least one bore-hole near the center of the working face, and sufficient flank holes on each side and where necessary , bore-holes above and below the workings, at intervals of not more than five metres. All such bore-holes shall be, an shall be constantly maintained, at sufficient distance in advance of the working and such distance shall in no case be less than three metres.These precautions shall be carried out under the direct supervision of a competent person specially authorised for the purpose. (d) The precautions laid down in clause © shall also be observed in any other working where any heavy seepage of water is noticed whether approaching disused or abandoned workings or not. 129. International flooding . (1) When the owner, agent or manager intends or proposed, by introducing water from the surface or from any other part of the mine or from an adjacent mine, to flood any part of the workings of his mine, he shall give in writing not less than 14 days’ notice of such intention or proposal to the Chief Inspector and the
- 164. Regional Inspector and to the management of all adjoining mines and of such other mines as might be affected by such flooding. Provided that the Regional Inspector may, be an order in writing and subject to such conditions as he may specify therein, permit such operations to be commenced on any day prior to the expiry of the said 14 days: Provided further that the Regional Inspector may, by an order in writing, either prohibit any such operation or require that such operation shall not be commenced until such precautions as he may specify therein, have been taken to his satisfaction. Explanation. – For the purposes of this sub-regulation, a mine shall have the meaning assigned to it under regulation 33. (2) If the operations in respect of which notice is given under sub-regulation (1), are not commenced within 60 days from the expiry of the said 14 days, the notice shall be deemed to have lapsed and the provision of the sub- regulation(1) shall apply as if no such notice had been given. 130. Construction of a reservoir, dam or other structure. – (1) Where in any mine it is intended to construct a reservoir, dam or other structure to withstand a pressure of water or other material which will flow when wet, or to control an inrush of water (other than a reservoir, dam or structure for storing small quantities of water) the owner, agent or manager shall give in writing not less than 14 days notice of such intention to the Regional |Inspector. Every such notice shall be accompanied by two copies of plans and sections showing the design and other details of the proposed construction. Provided that where the safety of the mine or of the persons employed therein is seriously threatened, the provisions of this regulation shall be deemed to have been complied with if the said notice is given to the Regional Inspector as soon as the work of construction is commenced : Provided further that where such a reservoir, dam or other structure was constructed before the coming into force of these regulations, the said copies of the plans and sections shall be submitted to the Regional Inspector within three months of the coming into force of these regulations. Where these details are not available, the Regional Inspector shall be informed of the fact within the aforesaid period. (2) The Regional Inspector may, by an order in writing, require such modification or alternations to be made by the design of any such reservoir, dam or structure as he may specify therein. CHAPTER – VIII - Ventilation
- 165. 131. Standard of ventilatio n. – (1) It shall be the duty of the owner, agent or manager of every mine to take such steps as are necessary for securing that there is constantly produced ion all parts of the mine belowground, ventilation adequate to clear away smoke, steam and dust; to dilute gases that are inflammable or noxious so as to render them harmless; to provide air containing a sufficiency of oxygen; and to prevent such excessive rise of temperature or humidity as may be harmful to the health of persons. If any doubt arises as to whether the ventilation in a mine or part thereof is adequate or not, if shall be referred to the Chief Inspector for decision. (2) For the purpose of this regulations, a place shall not be deemed to be in a safe state for persons to work or pass therein if the air contains either less than 19 percent of oxygen or more than 0-5 percent of carbon dioxide or any noxious gas present in quantity likely to affect the health of any person; and such place shall not be deemed to be normally kept free from inflammable gas if the percentage of such gas at any point in that place exceeds one an a quarter. (3) If with respect to any mine or part thereof the Regional Inspector is of the opinion that the ventilation is not adequate, he may, by an order in writing, require the installation and maintenance of such a mechanical ventilator as is capable of producing adequate ventilation in the mine or part. 132. Mechanical ventilators and their fittings. – (1) Every mechanical ventilator shall be installed in a fireproof hous ing situated at a safe distance from the opening, shaft or winze; and every mechanical ventilator, other than an auxiliary fan, shall be so designed an maintained that the current of air can be reversed when necessary. (2) In every mine to which regulation 142 applies, if electricity is used for driving the mechanical ventilator, current shall be supplied to the drive motor of the ventilator through a separate circuit from mthe main distribution point of the mine. (3) There shall be provided an maintained at every main mechanical ventilator – (a) a suitable pressure-recording gauge or water gauge; and (b) except where the ventilator is driven by a constant speed drive, a recording instrument by which the speed of the ventilator shall be continuously registered. (4) At every shaft or winze ordinarily used for lowering or raising of persons or material, where a mechanical ventilator is installed, there shall be provided a properly constructed air-lock. Provided that unless the Regional Inspector so requires by an order in writing, the provision of this sub-regulation shall not apply to a shaft or winze where a
- 166. mechanical ventilator was installed before the coming into force of these regulations. (5) The flow of air produced by a mechanical ventilator shall, as far as practicable, be so arranged as to aid the natural ventilation. (6) Every mechanical ventilator shall be in charge of a competent person appointed for the purpose, who shall not be entrusted with any other additional duties which may require him to go outside the fan house or which may interfere with his duties as incharge of the mechanical ventilator. (7) In every mine in which a mechanical ventilator is in use, the quantity of air circulating in every ventilating district shall be measure once at least in every 30 days and recorded in a bound paged book kept for the purpose. 133. Standing Orders. – (1) For the purpose of ventilation, every mine shall be divided into such number of districts or splits as to ensure that separate current of fresh air is made available in every such district or split. (2) The intake air shall be so arranged as to travel away from all stagnant water. (3) In any mine or part where a mechanical ventilator is used, every drive, crosscut, winze or rise which is a connection between a main intake airway and a main return airway shall, until it has ceased to be required and has been sealed off, be provided with at least two doors so spaced that whenever one door is opened, the other door can be kept closed. Steps shall be taken or ensure that at least one of the doors is always closed. Any such connection which has ceased to be so required, shall be effectively sealed. 135. Brattices, doors, stoppings ad aircrossings. - (1) There shall be provided ad maintained in every mine such number of stoppings , doors and other devices as may be adequate to ensure compliance with the provision of regulations 131. If any doubt arises as to the adequacy of such ventilation devices, it shall be referred to the Chief Inspector for decision. (2) (a) The space between the frame or every ventilation door and the roof and sides of the road, shall be built up with masonry or concrete, not less than 25 centimetres in thickness. (b)Every such door shall be self-closing; and whenever opened, it shall be closed as soon as possible, and shall not be propped or fixed so as to remain open. (c) If such door is required to be frequently kept open for the passage of men or material, there shall be, throughout every working shift, a door attendant at the door. (d) Unless required for purposes of control of fire or otherwise, if a door is not in use, it shall be taken off its hinges and placed in such a position that it shall not cause any obstruction to the air current.
- 167. (3)(a) Every stopping between the main intake and main return airways shall be constructed of masonry or brickwork, not less than 25 centimetres in thickness or such greater thickness as may be required by the Regional Inspector, and shall be faced with a sufficient thickness of lime or cement plaster to prevent leakage of air. (c) Every stopping in use shall be kept accessible for inspection. (4) The partitions and walls of every air-crossing shall be not less than 25 centimetres in thickness if constructed or masonry or of concrete not properly reinforced, and not less than 15 centimeters in thickness if constructed of properly reinforced concrete. (5) Every air-crossing, ventilation stopping, door or brattice shall be maintained in efficient working order and good repair. (6) A competent person shall, once atleast in every 30 days, examine every airway, air crossing, ventilation stopping and door in use, an shall record the result thereof in a bound paged book kept for the purpose, and shall sign the same and date his signature. 136. Auxiliary fans.- (1) Every auxiliary fan : (a) shall be installed, located and worked in such a manner that – (i) a sufficient quantity of air shall, at all times, reach it so as to ensure that it does not re-circulate air; and (ii) there is no risk of the air which it circulates being contaminated by any substantial quantity of inflammable or noxious gases or dust; and (b) shall have an air-duct for conducting the air to or from the face or blind end; and such air-duct shall be so maintained as to minimise any leakage or air and to ensure an adequate supply of air to within 4.5 metres of the face or blind end. (2) No auxiliary fan shall be started, stopped, removed, replace or in any way altered or interfered with, except by or on the authority of an official. (3) No person shall enter or remain in any place which is dependent for its ventilation on an auxiliary fan, unless such fan is operating efficiently. Whenever the ventilation of any such place has been interrupted, whether by the stoppage of the fan or otherwise, no person shall so enter or remain therein, except for the purpose of restoring the ventilation, unless the place has been examined by a competent person and declared safe. 137. Precautions against fire in ventilation appliances. - The covering of every shaft, winze or rise sealed off or covered for ventilation purposes, every fan drift, duct or casing an every part of a mechanical ventilator or fan within such drift, duct or casting, and every air-crossing an ventilation door shall be constructed of fire-proof material :
- 168. Provided that this regulation shall not apply to the small lid of a shaft covering operated by the rope cappel. 138. Ventilation plants to be brought up-to-date. – As soon as any alteration is made in the ventilation of a mine, involving the erection or removal of an air-crossing or stopping or the alteration in the position or installation of a ventilator below ground, the erection, removal, alteration or installation, as the case may be, shall be shown on the ventilation plan maintained under-regulation 61. 139. Obstructions, interruptions and alterations. (1) No material or debris shall be allowed to accumulate in any level, drive, crosscut or any other part of the working below ground so as to impede the ventilation. (2) Every roadway an working below ground which is not adequately ventilated shall be fenced or barricaded so as to effectively prevent persons entering the same. (7) If any person becomes aware of any obstruction in, or interference with, or deficiencty of, ventilation in any mine or part thereof, he shall – (a) if it falls within his power to remedy such obstruction, interference or dificiency, immediately take steps to do so; or (b) cease all work at that place, and shall forthwith inform his superior official of such obstruction interference or deficiency. (4) whenever there is any interruption of ventilation by the stoppage or any mechanical ventilator, including an auxiliary fan, installed below ground, the official in charge of the mine or part shall immediately take precautionary measures including withdrawal of men, if necessary against dangers that may arise out of non-compliance with the provisions of regulation 131, to restore the ventilation in the mine or part. (5) No person shall alter the general system of ventilation in any mine or part except with the authority of the manger : Provided that, in an emergency, an official or the mine may carry out such alteration as he may deem necessary for the safety of persons, but he shall as soon as possible inform his superior official an the manager about the same in writing. 140. Precautio ns against gas during de-watering and re-opening.- (1) No disused mine or shaft shall be de-watered except under the constant supervision of a no competent person and during such de-watering, approved safety lamps or torches shall be exclusively used, and there shall also be kept burning at every place where persons are at work at least on e approved flame safety lamp. (2) (a) The first inspection of a mine or part which is re-opened after a discontinuance of mining o0erations for a period exceeding seven days and of any part of amine after being de-watered shall be made by a competent person with an approved
- 169. flame safety lamp and during such inspection, no additional light or lamp other than an approved electric torch or lamp shall be used. (c) The result of every such inspection shall be recorded in a bound paged book kept for the purpose, an shall be sighed and dated by the persons making the inspection, and countersigned and dated by the manager. 141. Precautions against inflammable and noxious gases . – (1) For the purpose of this regulation, inflammable gas shall be deemed to have been found or detected when it is indicated by the lowered flame of a flame safety lamp or, where methane indicators are used, they indicate one and a quarter percent, or more of inflammable gas. (2) When any person detects the presence of inflammable gas, he shall not brush or waft if out, but shall immediately withdraw from the place and shall inform his superior official about the same. (3)Where in any place in a mine, inflammable or noxious gas is detected, all persons shall be withdrawn from the place, and the place shall be immediately fenced off so as to prevent persons invariantly entering the same. The competent person in charge shall, without delay, take steps to remove the gas by improving the ventilation. (4) During the removal of such gas all persons except those necessary for such removal, shall be withdrawn from the return side of the ventilating district in which the gas has been detected unless the quantity of gas is, in the opinion of the competent persons, so small that such withdrawal is not necessary : Provided that where the danger arises from the presence of inflammable gas, no naked light shall be used in the ventilating district in which the gas is detected. (5) No person shall be re-admitted into the place where the gas was detected until a competent person has examined the place and has reported that the place is free from gas, Every such examination shall be made with an approved flame safety lamp and, in the case of noxious gas, also with a cage containing suitable birds or other means of detecting carbon monoxide gas approved by the Chief Inspector. (6) Particulars of every occurrence referred to in sub-regulation (2) and of every examination made under sub-regulation(5) together with a statement as to where and when the gas was found and when it was removed, and in case of inflammable gas, the percentage thereof, shall be recorded in a bound paged book kept for the purpose, Every such entry shall be signed and dated by the competent person making the report, and countersigned and dated by the manager. (7) In any part of a mine to which regulations 123(1) and 142 apply, or where the Regional Inspector may require by an order in writing, all unused workings which h ave not been sealed off, shall once at least in every seven days be
- 170. inspected by a competent person for the presence of inflammable or noxious gas. A report of every such inspection shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the inspection. 142.Safety lamps to be used in gassy mines. – No lamp or light other than an approved safety lamp or torch or other installation permitted under the Indian Electricity Rules, 1956 shall be used or permitted to be used below ground in any mine, - (a) in any part of a mine in which an explosion or ignition of inflammable gas has occurred; (b) in any ventilating district in which inflammable gas has been found; and (c) in any place in which, in the opinion of the Regional Inspector, inflammable gas is likely to be present in such quantities as to render the use of naked lights dangerous : Provided that if safety lamps are not immediately available in the case of any mine to which clauses (b) and (c) apply, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant a temporary exemption from the operation thereof until such time as safety lamps can be obtained : Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt any mine or part thereof from the operation of this regulation on the ground that on account of the special character of the mine or part, the use of safety lamps is not necessary therein. 143.Contrabands. – In every mine or part of which regulation 142 applies, the following provisions shall have effect, namely – (1) No person shall have in his possession belowground any cigar, cigarette, biri or other smoking apparatus, or any match or other apparatus of any kind capable of producing a light, flame or spark : Provided that nothing in this sub-regulation shall be deemed to prohibit the use belowground of any apparatus for the purpose of shot firing or of relighting safety lamps, of a type approved by the Chief Inspector. (2) For the purpose of ascertaining whether any person proceeding belowground has in his possession any article as aforesaid, a competent person other than the banksman, if any, shall be appointed to search every such person immediately before he enters the mine. The competent person shall be on duty throughout the shift, and no duties other than those under this regulation and regulation 149(2) shall be entrusted to him.
- 171. (3) The competent person so appointed shall make a thorogh search for the articles aforesaid and in particular shall – (a) search or turn out all pockets; (b) pass his hand over all clothings; and (c) examine any article in the possession of the person searched. (4) If the competent person suspects that the person searched is concealing any articles as aforesaid, he shall detain him, and as soon as possible refer the matter tot he manager or assistant manager or underground manager. No such person shall be allowed to enter the mine until the manager or other superior official is satisfied that the person has no such article in his possession. (5) Any person who refused to allow himself to be so searched or who on being searched is found to have in his possession any of the article aforesaid, shall be guilty of an offence against this regulation. 144.Determination of environmental conditions. – In every mine having workings belowground extending to a depth of more than 50 metres from the surface, determinations shall, once at lest in every 30 days be made of temperature, humidity and such other environmental conditions as the Regional Inspector may by an order in writing stipulate,. at the blind end of every drivage and at such other points as the Regional Inspector may specify. 145.Appointment of Ventilation Officer.- In the case of any mine having extensive workings below ground, if the Chief Inspector by an order in writing so requires, the manager shall be assisted by a Ventilation Officer, holding such qualification as the Chief Inspector may specify in the order, who shall be responsible for supervising the maintenance of the ventilation system of the mine in accordance with the provisions of these regulations. CHAPTER XIV – Lighting and Safety Lamps 146.General lighting . - (1) Adequate general lighting arrangements shall be provided during working hours – (a) on the surface where the natural light is insufficient : in every engin house, in the vicinity of every working shaft, at every open cast working, at every shunting or marshaling yard, and at very place where persons have to work; and (b) belowground – (i) at every shaft landing and shaft bottom or siding which is in regular use; (ii) in every travelling roadway normally used by 50 or more persons during any shift and in every working stope :
- 172. Provided that the provisions of this clause shall be deemed to have been complied with where electric or carbide lamps or lights are provided to every workperson; (iii) at the top ad bottom of every self-acting incline in regular use; (iv) at every place on a haulage roadway, at which tubs are regularly coupled or uncoupled or attached to or detached from a haulage rope; (v) at every place at which tubs are regularly filled mechanically; (vi) at every room and place containing any engine, motor or other apparatus in regular use; and (vii) at every first aid station below ground : Provided that in a mine or part where regulation 142 applies, the lighting fixtures shall comply with the provisions of the Indian Electricity Rules, 1956. (2) The lighting provided in a mine shall, as far as possible, be so arranged as to prevent glare or eye strain. (3) Where electric energy is available at the mine, the lighting arrangement made undr sub-regulation (1) shall unless otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify by electrical means. (4) Where electric lighting is used, an additional light or lamp having no connection with electric supply shall be kept continuously burning – (i) belowground, in every shaft bottom or landing in regular use and in every engine room; and (ii) on the surface, after dark, at the top of every working shaft and in every engine room. (5)Every electrical lamp-fitting shall be so constructed as to protect it from accidental damage; and adequate precautions shall be taken to prevent lamps being damaged from shot-firing. 147.Every person to carry a light. – The owner, agent or manager shall provide every person employed belowground with a light or lamp adequate to enable him to perform his duties in a proper and thorough manner and no such person shall proceed or remain belowground without such light or lam. 148.Standards of lighting. – (1) If any doubt arises as to whether any amp or light is of adequate lighting performance or not, it shall be referred to the Chief Inspector for decision. (2) The Chief Inspector may, from time to time, by notification in the Official Gazette, specify – (a) The type of lamp to be provided to specified categories of persons employed in a mine; or (b) The standard of lighting to be provided in specified areas or places in amine.
- 173. 149.Maintenance and examination of safety lamps. – In every mine or part thereof in which the use of safety lamps is for the time being required by or in pursuance of the regulations, the following provisions shall have effect, namely – (1) A competent person appointed for the purpose shall clean, trim, examine and lock securely all such lamps before they are issued for use, and no such lamp shall be issued for use unless it is in safe working order and securely locked. (2) A competent person appointed for the purpose shall examine every safety lamp at the surface immediately before it is taken belowground for use an shall assure himself, as far as practicable from external observation that such lamp is in safe working order and securely locked. The person so appointed shall not perform any other duties, other than those prescribed under regulation 143(2). (3) A competent person appointed for the purpose shall examine every safety lamp on its being returned after use. If on such examination, any lamp is found to be damaged or misused, he shall record the nature of the damage or misuse in a bound paged book kept for the purpose Every such entry shall be countersigned and dated by the manager. (4) The manager, assistant manger, under ground manager or a competent person appointed for the purpose shall, once at least in every seven days, examine thoroughly every safety lamp in use, and shall record the result of examination of every such lamp in a bound paged book kept for the purpose. (5) No person shall be appointed as a competent person under this regulation unless he holds a Gas testing Certificate. 150.Use of safety lamps. – (1) Every safety lamp shall be numbered, and so long as the lamp is in use the number thereof shall be maintained in a legible condition. (2) A competent person appointed for the purpose shall maintain a correct record of the lamps issued from and returned to the lamp-room, and in the record so maintained, the number of the lamp issued to and person shall be entered against his name. (3) If any person returns to the lamp-room a lamp other than the one issued to him, he shall explain the cause and circumstances of the change. (4) No unauthorized person shall either himself take or give out any safety lamp from the lamp-room. (5)Every person who receives a lamp shall satisfy himself that it is complete and in good order; and should he find any effect therein, he shall immediately return it to the lamp-room. (6) No. person shall willfully damage or improperly use, or unlock or open, or attempt to unlock or open any safety lamp.
- 174. (7) Should any person find that the safety lamp in his possession has become defective, he shall at once carefully extinguish the flame, if any, and report the defect to his superior official. 151. Maintenance ad repairs of safety lamps. – (1) Every safety lamp shall be properly assembled an maintained in good order. If any lamp is found to be defective or damaged, it shall not be issued for use until the defect or damage has been remedied. (2) If the wires of any gauge of a flame safety lamp are broken or burnt away, the gauge shall not be reconditioned for further use. (3) Damaged and defective gauges, glasses an other parts of a safety lamp shall not be kept or stored in the safety lamp-room. (4) No glass of a safety lamp and no bulb of an electric safety lamp, shall be replaced except by a glass or bulb of such type as the Chief Inspector may, from time to time specify by notification in the Official Gazette; and no other part of a safety lamp (other than a wick or battery, as the case may be) shall be replaced except by a part manufactured by the manufacturers of the lamp to approved specifications. No repaired part shall be used in a safety lamp. (5) In every flame safety lamp kept for the purpose of inspection or of testing for or detecting the presence of inflammable gas, no oil other than an oil of a type approved by the Chief Inspector shall be used. 152. Precautions to be taken in safety lamp-room. – (1) No unauthorised person shall enter the safety lamp room. (2) No person shall smoke in the safety lamp-room (3) Where petrol, benzol, or any other highly voltile spirit is used in safety lamps, the following precautions shall be observed– (a) lamps shall be cleaned, refitted and refilled in a separate room; (b) only such quantity of voltile spirit as is required for one working day shall be kept in any such room; (c) internal relighters shall not be taken out of lamps and cleaned, repaired or refitted on the same table were lamps are cleaned, refitted or refilled; and (d) adequate number of suitable fire extinguishers shall be provided and kept ready for use in every such room. ` CHAPTER XV – Explosives an Shotfiring
- 175. 153. Type of Explosives to be used in mines. – No explosive shall be used in a mine except that provided by the owner, agent or manager. The explosives provided for use shall be of good quality an, as far as can be known, in good condition. 154. Storage of explosives. – (1) No owner, agent or manager shall store, or knowingly allow any other person to store, within the premises of a mine any explosives otherwise than in accordance with the provisions of rules made under the Indian Explosives Act, 1884. (2) Explosives shall not be taken into or kept in any building except a magazine duly approved by the Licencing Authority under the Indian Explosives Act, 1884 : Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the use of any store or premises specially constructed at or near the entrance to a mine for the temporary storage of explosives intended for use in the mine or of surplus explosives brought out of the mine at the end of a shift. (3) Explosives shall not be stored below ground in amine except with the approval in writing of the Chief Inspector and subject to such conditions as he may specify therein. Such storage shall be done only in a magazine or magazines duly licenced in accordance with the provisions of rules made under the Indian Explosives Act, 1884. (4) Every licence granted by the Licencing Authority under the Indian Explosives Act, 1884 for the storage of explosives, or a true copy thereof, shall be kept at the office of the mine. 155. Cartridges. (1) Unless otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, no explosive, other than a fuse or a detonator, shall be issued for use in mine, or taken into or used in any part of a mine, unless it is in the form of a cartridge. Cartridges shall be used only in the f orm in which they are received. (2) The preparation of cartridges from loose gunpowder, the drying of gunpowder an the reconstruction of damp cartridges shall be carried out by a competent person and only in a place approved by the Licencing Authority an in accordance with the rules made under the Indian Explosives Act, 1884. 156. Magazines, stores and premises to store explosives. – (1) Every magazine, or store or premises, where explosives are stored shall be in charge of a competent person who shall be responsible for the proper receipt, storage an issue of explosives. (2) Explosives shall not be issued from the magazine unless they are required for immediate use. If any explosives are returned to the magazine or store or premises, they shall be reissue before fresh stock is used.
- 176. (3) Explosives shall be issued only to competent persons upon written requisition signed by the blaster or by a official authorised for the purpose, and only against their signature or thumb impression. Such requisition shall be preserved by the person in charge of the magazine or store or premises. (4) The person in charge of the magazine or store or premises shall maintain, in a bound paged book kept for the purpose, a clear and accurate record of explosives issued to each competent person and a similar record of explosives returned tot he magazine or store or premises. 157. Cases and containers for carrying explosives. (1) No explosive shall be issued from the magazine or taken into any mine except in a case or container of substantial construction and securely locked. Cases or containers made of iron or steel shall be heavily galvanised; and no case or container provided for carrying detonators shall be constructed of metal or other conductive material. (2) No detonator shall be kept in a case of container which contains other explosives, materials or tools; and two or more types of detonators shall not be kept in the same case of container : Provided that nothing in this sub-regulation shall restrict the conveyance of primer cartridges fitted with detonators in the same case or container for use in a wet working or in a sinking shaft or winze. (3) No detonator shall be taken out from a case or container unless it is required for immediate use. (4) No case or container shall contain more than five kilogrammes or explosives, and no person shall have in his possession at one time in any place more than one such case or container : Provided that nothing in this sub-regulation shall prohibit the conveyance of larger quantity of explosives in bulk for supplying an under ground magazine : Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the carrying of a larger quantity of explosives in a single case of container, or the use, at one time in one place, of more than one such case or container. (5)Every case or container shall be numbered; and as far as practicable, the same case or container shall be issue to the same blaster or competent person, as the case may be, every day. (6) The key of every case or container shall be retained by the blaster in his own possession throughout his shift. 158. Transport of explosives. – (1) While explosives in bulk are lowered or raised in a shaft or winze, a distinguishing mark shall be attached to the cage, skip or bucket
- 177. containing the explosive; or the person in charge of explosives shall travel in the same cage, skip or bucket. (2) Every cage, skip or bucket containing explosives shall be gently lo wered or raised; and it shall be the duty of the banksman or bellman, as the case may be, to adequately warn the winding engineman before the cage, skip or bucket is set in motion. (3) Where explosives are being carried on a ladder, every case or container shall be securely fastened to the person carrying it. (4) No person other than a blaster shall carry any priming cartridge into a shaft which is in the course of being sunk. No such cartridge shall b so carried except in a thick felt bag or other container sufficient to protect it from shock. 159. Reserve Stations. – No case container containing explosives shall be left or kept below ground except in a place appointed by the manager or assistant manger or underground manager for the purpose and so situated that it is not frequented by workpersons. Every such place shall be kept clean, safe and adequately fenced and legibly marked ‘RESERVE STATION’. 160. Blasters. – (1) The preparation of charges an the charging and stemming of holes shall be carried out by or under the personal supervision of a competent person, in these regulations referred to as a ‘blaster’. The blaster shall fire the shots himself. (2) No person shall be appointed to be a blaster unless he is the holder of Manager’s, Foreman’s Mate’s or Blaster’s certificate. (3) If 30 or more persons are employed belowground at any one time in any mine or district under the charge of a competent person referred to in regulation 116, such person shall not perform the duties of a blaster. (4) No person whose wages depend on the amount of mineral, rock or debris obtained by firing shots, shall be appointed to perform the duties of a blaster. (5) The manger shall fix, from time to time, the maximum number of shots that a blaster may fire in any one shift; and such number shall not unless the Regional Inspector by an order in writing ad subject to such conditions as he may specify therein otherwise permits, exceed 80 in case they are fired electrically or by means of an igniter cord and 50 in other cases, and shall be based upon – (i) the time normally require to prepare and fire a shot in accordance with the provisions of these regulations; (ii) the time required for that blaster to move between places where shots are fired; (iii) the assistance, if any, available to him in the performance of his said duties; and (iv) any other duties assigned to him, whether statutory or otherwise :
- 178. Provided that the Regional Inspector may, by an order in writing an subject to such conditions as he may specify, permit the manager to fix the maximum number of shots to be fired by a blaster differently from the limits specified in this sub-regulation. (6) The number of detonators issued to, and in the possession of, a blastr during his shift shall not exceed the maximum number of shots that he is permitted to fire under sub-regulation (5). 161 Shotfiring tools. - (1) Every blaster on duty shall be provided with – (a) a suitable electric lamp or torch ; (b) a tool, made entirely of wood, suitable for charging and stemming shotholes; (c) a scraper made of brass or wood suitable for cleaning out shotholes; (d) where fuses are used, a knife for cutting off fuses an, unless machine- capped fuses are provided, also a pair of suitable crimpers for crimping detonators; and (e) where detonators are used, a pricker made of wood or a non-rerrous metal for priming cartridges. (2) No tool or appliance other than that provided as above shall be used by a blaster. 162. Drilling, charging, stemming and firing of shotholes. – (1) No rill shall be used for boring a shothole unless it allows a clearance of at least 0.3 centimetre over the diameter of the cartridge of explosive which it is intended to use. (2) No shothole shall be charged before it is thoroughly cleaned. (3) Before any shothole is charged, the direction of the hole shall, where practicable, be distinctly marked on the roof or other convenient place. (4) No detonator shall be inserted into a priming cartridge until immediately before it is to be use : however that in case of wt workings, priming cartridges may be prepared at the nearest convenient dry place; and such primed cartridges shall be cartied to the working place in a securely closed case or container. Detonators once inserted into a priming cartridge shall not be taken out. (5) Unless otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, the charge in any shothole shall consist of one or more complete cartridges of the same diameter and the same type of explosive. (6) The blaster shall, to the best of his judgment, ensure that no charge in a shothole is over-charged of under-charged, having regard to the task to be performed.
- 179. (7) No shothole shall be fired by a fuse less than 1.2 metres in length. (8) Every shothole shall be stemmed with sufficient an suitable non-inflammable stemming so as to prevent the shot from blowing out. Only sand loosely filled in, or soft clay lightly pressed home, or a compact but not hard mixture of sand and clay or water shall be used as stemming. (9) In charging or stemming a shothole, no metallic tool, scraper or rod shall be used; an no explosive shall be forcibly pressed into a hole of insufficient size. (10) No shot shall be fired except in a properly drilled, charged an stemmed shothole. (11) Blasting gelatine or other high explosives shall not be lighted in order to set fire to fuses; but specially prepared ‘kai-pieces’ of such explosives may be so used. Such ‘kai-pieces’ shall be prepared only in the magazine, and a correct record of the issue, use and return of such ‘kai-pieces’ shall be maintained in the books kept under regulations 156(4) an 169(b). (12) All surplus explosives shall be removed from the vicinity of a shothole before a light is brought near it for the purpose of lighting the fuse. (13) As far as practicable, a shot shall be fired by the same blaster who charged it. (14) In any mine in which explosives other than gunpowder are used, every shot shall, if so required by the Regional Inspector, be fired electrically. (15) No more than 10 holes shall be fired in one round unless they are fired electrically or by means of an igniter cord. (16) No shothole shall be charge except those which are to be fired in that round; and all shotholes which have bee charged shall be fired in one round. (17) Where a large number of shots has to be fired, a shotfiring shall, as far as practicable, be carried out between shifts. (18) No person shall remove any stemming otherwise than by means of water or an approved device, or pull out nay detonator lead or remove any explosive from any charged shothole. 163. Electric Shotfiring. – Where shots are fired electrically, the following provisions shall have effect, namely :- (1) (a) No shot shall be fired except by means of a suitable shotfiring apparatus; an the number of shots fired at any one time by the apparatus shall not exceed the number for whichit is designed. (b)Every electrical shotfiring apparatus shall b so constructed and used that – (i) it can only be operated by a removable handle or plug. This handle or plug shall not be placed in position until a shot is about to be fired and shall be removed as soon as a shot has been fired; and (ii) the firing circuit is made an broken either automatically or by means of a push-button switch. (c) (i) No apparatus shall be used which is defective; an every apparatus shall m once at least in every three months, be cleaned an thoroughly overhauled by a competent person.
- 180. (ii)If the apparatus fails to fire all the shots in a properly connected circuit, the blaster shall return the apparatus to the manger or assistant manager or underground manager as soon as possible, and it shall not be use again unless it has been tested on the surface and found to be in safe working order. (iii) The result of every overhaul test or repair is aforesaid shall be recorded in a bound paged book kept for the purpose an shall be signed an dated by the person making the overhaul, test or repair. (2) No current from a signalling, lighting or power circuit shall be used for firing shots. (3) The blaster shall – (a) retain the key of the firing apparatus in his possession throughout his shift; (b) use a well-insulated cable of sufficient length to permit him to take proper shelter, and in no case, shall this cable be less than 20 meters in length; (c) before coupling the cable to the firing apparatus, couple up the cable himself to the detonator leads; (d) take care to prevent the cable from coming into contact with any power or lighting cable or other electrical apparatus; (e) take adequate precautions to protect electrical conductors and apparatus from injury; (f) himself couple the cable to the firing apparatus; an before doing so, see that all persons in the vicinity have taken proper shelter as provided under regulation 164; and (g) after firing the shots and before entering the place of firing, disconnect the cable from the firing apparatus. (4) Where more than one shot are to be fire at the same time :- (a) care shall be taken that all connections are properly made; (b) all shots if fired belowground shall be connected in series; (c) the circuit shall be tested either for electrical resistance or for continuity before connecting it to the firing apparatus. Such a test shall be made with an apparatus specifically designed for the purpose and after the provisions of regulation 164 have been complied with; and (d) the cable to the shotfiring apparatus shall be connected last. 164. Taking shelter etc. – 1[(1) The blaster shall, before a shot is charged, stemmed or fired, see that all persons other than his assistants, if any, in the vicinity, have taken proper shelter and he shall also take suitable steps to prevent any person approaching the shot and shall himself take adequate shelter, along with his assistants if any, before firing the shots. (1-A) in the case of an opencast working the blaster shall not charge or fire a shot –
- 181. (a) unless he has taken the precautions laid down in sub-regulation (1). (b) Unless sufficient warning, by efficient signals or other means approved by the manager, is given over the entire area falling within a radius of 300 metres from the place of firing (hereinafter referred to as the danger zone) an also he has ensured that all persons within such area have taken proper shelter, and (c) Where any part of a public road or railway lies within the danger zone, unless two persons are posted, one in either direction at the two extreme points of such road or railway which f all within the danger zone who have, by an efficient system of telephonic communication or hooter or loudspeakers or other means approved by the Chief Inspector or Regional Inspector intimated clearance of traffic to the blaster and have also warned the p assers by and whenever possible the vehicle also, if any, which have passed by such road or railway : Provided that if blasting is done in such a manner approved in writing, by the Chief Inspector or Regional Inspector , that the flying fragments from blasting cannot project beyond a distance of ten metres from the place of firing, the provisions of clauses (b) and (c) need not be complied with, (1-B) (a) In the case of an opencast working, where any permanent building or structure of permanent nature, not belonging to the owner, lies within the danger zone, the aggregate maximum charge in all the holes fired at one time shall not exceed two kilograms unless permitted in writing by the Chief Inspector of the Regional Inspector and subject to such conditions as he may specify therein : Provided that if blasting is done with delay detonators or other means an that there is a delay of at least half a second between successive shots fired, a maximum charge of two kilograms can be used in each hole; Provided further that if the shortest distance from the place of firing to any part of such building or structure is less than 50 metres irrespective of the amount of the charge, no blasting shall be done except with the permission in writing of the Chief Inspector or the Regional Inspector and subject to such conditions as he may specify therein. (b)Notwithstanding anything contained in clause (a) the Chief Inspector may, by an order in writing and subject to such conditions as he may specify, exempt any mine or part thereof from the operation of all or any of the provisions of clause (a) on the ground that the observance of its provisions is not necessary or reasonably practicable on account of the special conditions existing thereat]. (2) Where the workings, either above or belowground, offer insufficient protection against flying fragments or missiles, adequate shelter or other protection shall be provided.
- 182. (3) When two working places belowground have approached within three metres of each other, the blaster shall not fire any shot in any one of the said workings unless all persons have been withdrawn from the other working place and the same has been so fenced off as to prevent persons inadvertently coming in direct line of the shot. (4) In any mine to which regulation 142 appliles, the following provisions shall have effect, namely :- (a) Notwithstanding anything contained in the regulations, no shot shall be stemmed or fired by any person who does not hold either a Manager’s Certificate, or Foreman’s or Mate’s Certificate together with a Gas-testing Certificate. (b) Where more shots than one are charged for firing, the shots shall be fired simultaneously. No delay-action detonator shall be used, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (c) If in ventilating district, presence of inflammable gas is detected in any place, no shothole shall be charged, stemmed or fired in that place or in any other place situated on its return side till such place has been cleared of gas and declared safe. (d) Immediately before charging a shothole or a round of shotholes, and again before firing the shots, the blaster shall carefully test for inflammable gas at all places within a radius of 20 metres of the place of firing. 166. Inspections after shotfiring. – (1) After4 a shot has been fired, no person other than the blaster or any other competent person holding a Manger’s or Foreman’s Certificate appointed for the purpose by the Manager shall enter, or allow any other person to enter, the place until the area is free from dust, smoke or fumes. The blaster or other competent person shall, before any other person enters the place, make a careful examination and with his assistants, if any, make the place safe. No other person shall enter the place and where guards have been posted, they shall not be withdrawn until the examination has been made and the place has been declared to be safe in all respect. In the case of opencast workings, after shots have been fired, an all clear signal shall be given except in the case of a misfire. (2) After shots have been fired, all persons engaged in clearing mineral, rock or debris shall look for unexploded cartridges and detonators. If such a cartridge and detonator is found, it shall be removed and shall as soon as possible be handed over to a blaster or other official. 167. Misfires. – (1) The number of shots which explode shall, unless shots are fired electrically or by means of an igniter cord, be counted by the blaster and another competent person authorized for the purpose; and unless it is certain that all the shots have been exploded, no person shall re-enter or be permitted to re-enter the place until 30 minutes after the firing of shots :
- 183. Provided that where shots are fired electrically, this interval may be reduced to not less than five minutes after the source of electricity has been disconnected from the cable. (2) In the event of a misfire, the entrance or entrances to the working place shall be barricaded or fenced so as to prevent inadvertent access; and no work other than that of locating or relieving the misfire shall be done therein until the misfire has been located and relieved. In opencast workings, it shall be sufficient to mark the place of the misfire with a red flag. (3) In the event of a misfire, the tamping may be sludged out with compressed air or water under pressure or removed by such other means as may be approved in writing by the Chief Inspector and subject to such conditions as he may specify therein. The hole shall thereafter be reprimed and fired. (4) If the misfire contains a detonator, the leads or fuse thereof shall be attached by a string to the shotfiring cable or some distinctive marker. (5) Except where the misfire is use to f aulty cable or a faulty connection, and the shot is fired as soon as practicable after the defect is remedied, or where a shot has been reprimed and fired under sub-regulation (3) another shot shall be fired in a relieving hole which shall be so placed and drilled in such a direction that at no point shall it be nearer than 30 centimetres from the misfired hole.. the now hole shall be bored in the presence of a blaster, preferably the same person who fired the shot. (6) After a relieving shot has been fired, a careful search for cartridges and detonators, if any, shall be made in the presence of the blaster or other competent person holding a Manager’s or Forman’s certificate approve for the purpose by the Manager amongst the material brought down by the shot : Provided that in the case of workings belowground if such cartridge or detonator is not recovered, the tubs into which the material is loaded shall be marked and a further search made on the surface. As far as practicable the search for the detonators and cartridges and the loading of any ore stone or debris which may contain a detonator, shall be carried out without the aid of tools. (7) If a misfired hole is not dislodged by a relieving shot, ,the procedure laid down I sub-regulation (5) and (6) shall be repeated. A misfired hole which cannot be dealt with in the manger so prescribed, shall be securely plugged with a wooden plug; an no person other than a blaster a mining official or a person authorised for the purpose shall remove or attempt to remove such plug. (8) When a misfired shot is not found, or when a misfired shot is not relieved or reblastered, the blaster shall, before leaving the mine, give information of the failure to such official as may relieve or take over charge from him. He shall
- 184. also record, in a bound paged book kept for the purpose, a report on every misfire, whether suspected, and whether relieved or not relieved. It shall be the responsibility of the relieving blaster or official also to sign the report and later to record in the said book the action taken for reliving the misfired shothole. (9) The blaster of the next shifts shall locate an reblast the misfired hole, but if after a thorough examination of the place where the misfire was reported to have occurred, the blaster or other competent person holing a Manager’s or Foreman’s certificate appointed for the purpose by the Manger, is satisfied that no misfire had actually occurred, the may permit drilling in the place. 168. Precaution in as of sockets etc. – (1) Before the commencement of drilling in any working place, the competent person in charge of the place shall see that all looser rock is removed from the face and the area lying within a radius of two metres of the proposed shothole is thoroughly cleaned or washed down with water and carefully examined for the presence of misfires or sockets : Provided that where special conditions exists, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant a relaxation from these provisio ns. (2) If any socket is found, it shall be dealt with in the manner prescribed in regulation 167. (3) No person shall bore out a hole that has once been charged, or attempt to withdraw a charge either before firing or after a misfire, or deepen or tamper with any empty hole or socket left after shotfiring. 169. Duties of blaster at the end of his shift . _Immediately after the end of his shift, the blaster – (a) shall return all unused explosive to the magazine, or where a store or premises or underground magazine is provided under regulation 153, to such store or premises or magazine; and (b) shall record, in a bound paged book kept for the purpose, the quantity or explosive taken, used an returned, the places where shots were fired and the number of shots fired by him, and misfires, if any. Every such entry shall be signed and dated by him. 170. General precautions regarding explosives. (1) No person, whilst handling explosives or engaged or assisting in the preparation of charges or in the charging of holes, shall smoke or carry or use a light other than an enclosed light, electric torch or lamp : Provided that nothing in this sub-regulation shall be deemed to prohibit the use of an open light for lighting fuses.
- 185. (2) No person shall take any light other than an enclosed light, electric torch or lamp into any explosive magazine or store or premises. (3) No person shall have explosives in his possession except as provided for in these regulation, or secret or keep explosives in a dwelling house. (4) Any person finding any explosives in or about a mine shall deposit the same in the magazine or store or premises. Every such occurrence shall be brought to the notice of the manager in writing. CHAPTER XVI - Machinery and Plant 171. Use of certain machinery belowground. – (1) No internal combustion engine or steam boiler shall be used belowground in a mine expect with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) In every mine or part of a mine to which regulation 142 applies, only flameproof electric apparatus and equipment shall be used belowground unless otherwise provided for under the Indian Electricity Rules, 1956. 172. General provisions about construction and maintenance of machinery. – All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus used as or forming part of the equipment of amine, an all foundations in or to which any such appliances are anchored or fixed shall be of good construction, suitable material, adequate strength and free from visible defect, and shall be properly maintained. 173. Apparatus under pressure. – (1) All apparatus, used as or forming part of the equipment of a mine, which contains or produces air, gas or steam at a pressure greater than atmospheric pressure shall be so constructed, installed and maintained as to obviate any risk of fire, bursting, explosion or collapse or the production or noxious gases. (2) Every air receiver forming part of a compressing plant shall be fitted with a safety valve and an air gauge which shows pressure in excess of the atmospheric pressure. (3) Before an air-received is cased in or put in commission, the engineer or other competent person shall subject it to a hydraulic test at a pressure at least one- and-a-halftimes the maximum permissible working pressure. A similar test shall be made after every renewal or repair and in any case at intervals of not more than three years. The result of every such test shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person carrying out the test. (4) The supply of air for air-compressors shall be drawn from a source free from dust and fumes.
- 186. 174. Precautions regarding moving parts of machinery – (1) Every winch or windlass shall be provided with a stopper, pawl or other reliable holder. (2) Every fly-wheel and every other dangerous exposed part of any machiery used as, or formig part of, the equipment of a mine shall be adequately fenced by suitable guards of substantial construction to prevent danger; and such guards shall be kept in position while the parts of th machinery are in motion or in use, byt they may b removed for carrying out any examination, adjustment or repair if adequate precautions are taken. (3) No person shall, or shall be allowed to, repair, adjust, clean or lubricate machinery in motion where there is risk or injury. (4)No person shall, or shall be allowed to, shift or adjust a driving belt or rope while the machinery is in motion unless a proper mechanical appliance is provided and used for the purpose. (5) No person in close proximity to moving machinery shall wear, or be permitted to wear, loose outer clothing. (6) No unauthorised person shall enter any engine room or in any way interfere with the engine. 175. Engine rooms an their exits. – Every engine, motor an transformer room on the surface an every room in which highly inflammable materials are stored on the surface shall be kept clean, an be provided with at least two exists, Every such exit shall be properly maintained and kept free from obstruction. 176. Working and examination of machinery. (1) No machinery shall be operated otherwise than by or under the constant supervision of a competent person. (2) In every mine to which regulation 142 applies, no person shall be appointed to supervise or operate any electrical machinery, apparatus or appliance other than a telephone or signalling vice or an electric lamp or light unless he holds a Gas-testing Certificate. (3) Every person in charge of any machinery, apparatus or appliance shall, before commencing work, see that it is in proper working order; an if he observes any defect therein, he shall immediately report the fact to the manager, engineer or other competent person. (4) Every person in charge of an air-receiver shall see that no extra weight is added to the safety valves and that the permissible pressure of air is not exceeded. (5) A competent person or persons appointed for the purpose shall, once at least in every seven days, make a thorough inspection of all machinery and plant in use, and shall record the result thereof in a bound paged book kept for the purpose. CHAPTER XVII – Miscellaneous
- 187. 177. Fences. (1) Every tank or reservoir or other dangerous place in or about a mine, which has been formed as a result of, or is used in connection with, mining operations, shall be kept securely fenced. (2) Every fence erected on the surface shall, once at least in every seven days, be examined by a competent person. A report or every such inspection shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. (3) Any fence, gate or barricade may be temporarily removed for the purpose of repairs or other operations, if adequate precautions are taken. (4) If any doubt arises as to whether any fence, guard, barrier or gate provided under these regulations is adequate, proper or secure, or as to whether the precautions taken under sub-regulation(3) are adequate, it shall be referred to the Chief Inspector for decision. 178. Notices. – where at any place smoking or unauthorised entries prohibited, notices to that effect shall be posted at conspicuous places at every entrance to the place. 179. Storage belowground of calcium carbide. – Calcium carbide shall not be taken or kept belowground until about to be used, except in a secure metal case or container containing not more than half a kilograme in weight thereof. No person shall have in the mine at any one time more than one such case or container. 180. Danger from poisonous substances. - (1) At every mineral dressing or separating plant where cyanide or other poisonous substance is used, there shall be kept a sufficient supply of a satisfactory and efficient antidose for poisoning. (2) Water containing poisonous or injurious matter in suspension or solution must be effectively fenced off to prevent inadvertent access to it, and notice boards shall be put up at suitable places to warn persons from making use of such water. (3) In no case shall water containing any poisonous matter in suspension or solution in a dangerous concentration be permitted to escape. 181. General Safety. – No person shall negligently or wilfully to anything likely to endanger life or limb in the mine, or negligently or wilfully omit to do anything necessary for the safety of the mine or of the persons employed therein. 1[182. Use, Supply maintenance of protective Footwear. – (1) No person shall go into, or work in, or be allowed to go into, or work in, a mine, unless he wears a protective
- 188. footwear of such type as may be approved by the Chief Inspector by a general or special order in writing. (2) The protective footwear referred to in sub-regulation(1) shall be supplied free of charge, at intervals not exceeding six months, by the owner, agent or manager of a mine, who shall at all times maintain a sufficient stock thereof in order to ensure immediate supply as and when need for the same arises. Where a protective footwear is provided otherwise than as aforesaid, the supply shall be made on payment of full cost. (3) The owner, agent of manager of a mine shall provide at suitable places in the mine dubbing and revolving brushes or make other suitable alternative arrangements for the cleaning of protective footwear by the persons using them. It shall however be the responsibility of the person supplied with the protective footwear to arrange the repair of the same at his own cost. 182A. Use and supply of helmet. (1) No person shall go into, or work, in or be allowed to go into or work in, a mine, other than the precincts of a mine occupied by an office building, canteen, creche, rest shelter, first aid room or any other building of a similar type, unless he wears a helmet of such type as may be approved by the Chief Inspector by a general or special order in writing : Provided that where the Chief Inspector is of the opinion that due to special circumstances it is not necessary of reasonably practicable for any person or class of persons going into, or working in, a mine to wear a helmet, he may, by a general or special order in writing and subject to such conditions as he may specify therein, exempt such person or class of persons, from the operation of the provisions of this sub- regulation. (2) The helmet referred to in sub-regulation(1) shall be supplied free of charge, at intervals not exceeding three years or such other interval as the Chief Inspector may specify by a general or special order in writing by the owner, agent or manager of a mine, who shall at all times maintain a sufficient stock thereof in order to ensure immediate supply as and when need for the same arises : Provided that when a helmet is accidentally damaged during legitimate use, the owner, agent or manager shall immediately replace the damaged helmet free of cost. (3) Where a helmet is provided otherwise than as aforesaid, the supply shall be made on payment of full cost. 182B. Supply of other protective equipment. – (1) Where is appears to the Regional Inspector or the Chief Inspector that any person or class of persons employed in a mine is exposed to undue hazard by reason of the nature of his employment, he may, by a general or special order in writing, require the owner, agent or manager of the mine to supply to such person or class of persons, free of charge, gloves, goggles, shinguards, or such other protective equipment as may be specified in the order.
- 189. (2) The protective equipment provided under sub-regulation(1) shall be replaced free of charge by the owner, agent or manager whenever it is rendered unserviceable by legitimate use. In any other event, the replacement shall be made on payment of full cost. (3) If any dispute arises as to the life of any protective equipment, it shall be referred to the Chief Inspector for decision. 182C. Obligation of persons provided with protective equipment. – Whenever any person is supplied by the owner, agent or manager of a mine with any protective equipment, he shall use the same while doing the work for which he is supplied with such protective equipment.] 183.Information about sickness. – Every official or competent person shall, in case of sickness or of absence, give early and sufficient notice thereof to his superior official or the underground manager or the assistant manager or the manager, as the case may be, so that a substitute may be arranged. 184. Man power Distribution Plan. – During the first week of every month, a survey shall be made of the number of persons normally employed in every district and other places belowground in the mine; an a sketch plan showing the results of such a manpower survey, and signed and dated by the manager, shall be kept in the office of the mine and a copy thereof shall be kept with the attendance clerk. 185. Mining Mates and Mine Foreman. – (1) No person shall be appointed as a competent person under regulations 37(1), 72, 101, 120(2), 123(4), 135(5), 136(3) and 140(2) unless he is the holder of either a Foreman’s or a Manager’s Certificate : Provided that in the case of mine having working belowground, the certificate aforesaid shall be one which is not restricted to mines having opencast workings only. (2) No person shall be appointed as a competent person under regulations, 116,117,125,128(2)(c), 140(1) and 141, unless he is the holder of either a Mate’s or a Foreman’s or a Manager’s Certificate : Provided that – (a) in the as of a mine having workings belowground, the certificate aforesaid shall be one which is not restricted to mines having opencast workings only; and (b) in the case of a mine to which regulation 142 applies, every person holding a Mate’s or Foreman’s Certificate shall also hold a Gas-testing Certificate. 186. Delayed application of certain provisions. – The provisions of regulations 32, 34, 35, 37, 38, 160(2), 176(2) and 185 shall not come into force1 in respect of any mine and the provisions of Regulation 78(1) shall not come into force1 in respect of any mine other
- 190. than a gold mine until such date or dates as the Central Government ma y notify in that behalf in the Official Gazette : Provided that, till such date as aforesaid, if any doubt arises as to whether any person appointed as a manager, assistant manager, underground manager, surveyor, mine foreman, mining mate, winding engine man or blaster is competent to perform the duties assigned to that post, it shall be referred to the Chief Inspector for decision. 187. Officials to be literate. – After coming into force of these regulations, no person shall be appointed as an official of a mine unless he is literate and is conversant with the language of the district in which the mine is situated or with the language understood by a majority of the persons employed in the mine : Provided that this regulation shall not apply to any official employed in any mine on the date of coming into force of these regulations : Provided further that so much of this regulation as requires a person to be conversant with the language of the district or of the majority of persons shall not apply to assistant managers, underground managers, engineers, and surveyors. 188. Writing of reports. – If any person required to make any report is unable to write, he shall be present when his report is written for him, and shall have it read over to him, and shall then attach his thumb mark to it or sign it. The person writing the report shall certify that it has been read over to the person for whom it was written, and shall sign the certificate an date his signature. 189. Payment of fees. – Any fees payable under these regulations shall be paid directly into the Treasury or a branch of the State Bank of India or by means of a Crossed Indian Postal Order and the receipt of the Treasury or Bank or Postal Order shall be sent to the Chief Inspector along with the application to which the fee relates. 2[190. Place of accident. – (1) Whenever an accident occurs in or about a mine causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required to be given under sub-section (1) of section 23 of the Act unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: Provided that the work may be resumed at the place of accident in case the chief inspector or the inspector fails to inspect the place of accident within seventy-two hours. (2) Before the place of accident involving a fatal or serious accident is disturbed or altered due to any reason whatsoever, a sketch of the site illustrating the accident and all relevant details shall be prepared (in duplicate) and such sketch shall be duly signed
- 191. by the manager or assistant manager, safety officers, surveyor and the workmen’s inspector or, where there is no workmen’s inspector by a work person nominated by the workers in this behalf : Provided that, if the place is disturbed or altered to prevent further accident or rescue persons from danger before the sketch could be prepared, the same shall be prepared immediately thereafter giving all relevant details as existed before the place was disturbed or altered. (3) One of the authenticated sketches shall be delivered or sent to the concerned inspector or Mines. 190A. Emergency plan. – (1) The manger of every mine having workings below ground shall prepare a general plan of action for use in time of emergency. The plan shall outline the duties and responsibilities of each mine official and men including the telephone operators, so that each person shall know his duties in case fire, explosion or other emergency occurs. All official and key men shall be thoroughly instructed in their duties so as to avoid contradictory orders and confusion at the time when prompt and efficient action is needed. The emergency plan shall also provide for mock rehearsals at regular intervals. (2) The manager shall submit a copy of the aforesaid emergency plan prepared by him to the regional inspector, within 60 days of the coming into force of the Metalliferous Mines (Amendment) Regulations, 1985, or in the case of a mine which is opened or re- opened thereafter, within 30 days of such opening or re-opening. The regional inspector may, by an order in writing approve of such action plan, either in the Form submitted to him or with such additions and alterations as he may think fit, and the action plan so approved shall be enforced at the mine. (3) On receiving information of any emergency, the manager and his absence the principal official present at the surface, shall immediately put emergency action plan in operation.] 191. Taking samples from mines. – Where for official purposes, an Inspector considers it necessary to take samples of any mineral, rope or other material, the owner, agent or manager shall make over to him such samples in such quantities as he may require. 1[192. * * * * * 193. Chief Inspector etc. to exercise powers of the Regional Inspector. – Any power granted under these regulations to the Regional Inspector may be exercised by the Chief Inspector or an Additional Chief Inspector or a Deputy Chief Inspector or any other Inspector authorised in writing in this behalf by the Chief Inspector. 194. Appeals to the Chief Inspector.- Against an order made by the Regional Inspector under any of these regulations, an appeal shall lie, within 15 days of the receipt of the
- 192. order by the appellant, to the Chief Inspector who may confirm, modify or cancel the order. 195. Appeals to the Mining Boards or the Central Government. – (1) Against any order of the Chief Inspector specified below an appeal shall lie, within 20 days of the receipt of the order by the appellant, to the 2[Committee constituted under section 12 of the Act[]: (i) Original orders passed under proviso to regulation 34(2), regulation 107(3), regulation 109(1), and regulation 109(4), regulation 110, regulation 111(2), regulation 123(1), regulation 127(2), and regulation 128(2). (ii)Orders passed on appeal against Regional Inspector’s orders made under regulation 108, clause (a) of regulation 112(2), clause (e) of regulation 119(3) and clause (b) of regulation 123(3) . (2) Every order of the Chief Inspector, against which an appeal is preferred under sub-regulation(1) shall be complied with pending the receipt at the mine of the decision of 3[the committee] : Provided that 3[the committee] may on application by the appellant, suspend the operation of the order appealed against pending the disposal of the appeal. 196. Repeal and Saving. – The Indian Metalliferous Mines Regulations, 1926 and the Mysore Gold Mines Regulations, 1953 are hereby repealed : Provided that all acts done or orders issued under any of the said regulations shall, so far as they are not inconsistent with these regulations, be deemed to have been done or issued under the corresponding provisions of these regulations. FIRST SCHEDULE FORM I (See Regulations, 3,6,7,8) Notice of opening, closing or change etc. From ………………………….. …………………………… To 1. The Chief Inspector of Mines Dhanbad, E.R. 2. The regional Inspector of Mines ……………………….. 3. ………………………………………………………….. 4. ………………………………………………………….. Sir,
- 193. I have to furnish the following particulars in respect of (I) ……………… at …………(Name) ………….(mineral) mine of ……………………………(owner) : ____________________________________________________________________________________ 1. *In case of CHANGE OF NAME OR MINE : old name of mine …………………….. date of change …………………………….. ____________________________________________________________________________________ 2. (a) Situation of the mine : Village …………………………… Police Station ………………..Sub- Division (Taluq) …………………State…………………………………. *(b) In case of ANEW MINE, particulars of situation of mine : Post Office ………………………..Telegraph Office …………………………………….. Railway Station …………………………………… Rest House …………………………………. (Give distance therefrom) Means of travelling ……………………………………………… ____________________________________________________________________________________ Present Previous* 3. (a) Name and Postal address of (ii) (a) Owner ……………………….. (b) Managing agent ,if any ………….. (c) Agents, if any…………………. (d) Manager ……………………… *(b) In case of change, date of change …………………. ____________________________________________________________________________________ *4. (a) Name and qualifications etc. of Manager/Assistant Manager/Underground Manger/ Engineer/Surveyor (iii) whose appointment is terminated/who is appointed (iii): (b) Date of appointment/termination of appointment (iii) : ____________________________________________________________________________________ *5 Date on which it is intended to open/re-open/abandon/discontinue (iii) the mine : ____________________________________________________________________________________ *6 Actual date of opening/Re -opening abandonment/discontinuance (iii) of the mine : ____________________________________________________________________________________ Yours faithfully, Signature ………………………… Designation : Owner/Agent/Manager Date ……………………………….. INSTRUCTIONS (i) Mention the matter to which the notice refers. (ii) Need not be filled in if the notice relates to Item 4, (iii) Delete whatever is not applicable. *Only such columns to be filled in respect of which notice in given. ------------- FORM II (See Regulation 4) Quarterly Return for the quarter ending ………..19 1. Name of mine ………………….Mineral worked …………………….postal address of mine ………. 2. Situation of Mine : Place District ……………………………..
- 194. State ……………………. 3. Name of Owner ………………………… Postal address of owner……………… 4. Name of managing agents, if any ……………… Postal address of managing agents, ……….. 5. Name of agent, if any……………………………. Postal address of agent ……………………… 6. Name of manager ……………………………….. Postal address of manager ………………….. 7. Tables A to C duly filled in, are attached. Certified that the information given above and in Tables A to C below is correct to the gest of my knowledge. Yours faithfully, Signature ………………………… Designation : Owner/Agent/Manager TABLE A MACHINERY (I) Number in use 1. Rock drills : (i) (ii) (iii) 2. Heavy earth moving machinery : (i) (ii) (iii) (iv) (v) 3. Mechanical loaders used below ground : (i) (ii) (iii) 4. Conveyors : (2) (i) (ii) (iii) _____________________________________________________________________ Signature of person Signing the return INSTRUCTIONS
- 195. (1) Give types separately. (2) Give length in metres. 1[TABLE A-I – OUTPUT, DESPATCH AND STOCKOFMICA* (in kilogrammes) 1 2 3 4 5 6 Stock at the beginning of the quarter Output during the quarter Sale or Dispatches during the quarter Stock at the end of the quarter Consigned by rail or road Sold locally Crude mica Dressed Mica Mica Splittings Waste Mica Signature of person Signing the return INSTRUCTIONS *If any other mineral, such as beryl, is also produced from the mine, particulars relating to such minerals shall be given in Table A-II TABLE A-II – OUTPUT, DESPATCH AND STOCK OF MINEALS OTHER THAN MICA (a) Mineral worked (b) Stock at the beginning of the quarter Output of mineral (c) during the quarter Sale or dispatches during he quarter Stock at the end of the quarter Metal extracted if any (b) For export market For home consumption Name Qty. Signature of person Signing the return INSTRUCTIONS (a) The figures should be stated (i) in the case of gem-stones, in carats ; (ii) in the case of gold, silver and other precious metals, in grams; (iii) in the case of alum, amber, asbestos, beryl, graphite, jadestone, stealite, tin-ore, tungsten-ore, radio active minerals and rare minerals, such as, molybdenite, monazite, pitch blende, samarskite, tantalite and triplite, and also in case of tin, in kilogrammes; and (iv) in the case of clay, limestone, magnesite, marble, phosphetic rock, slate, salt and other stone, and all metalliferous ores except those referred to above, and also in case of other metals, in tonnes. (b) If more than one mineralsare raised or metals extracted, separate figures should be given for each one of them. (c) If the mineral is dressed, processed or treated before despach, the output of the dressed, processed or treated mineral (instead of crude ore), as the case may be, should be given].
- 196. TABLE B NUMBER OF MAN-DAYS ETC. Give maximum number of persons employed on any one d ay during the quarter- (i) in workings belowground on ……………………….(a)…………………………… (ii) in all in the mine on ………………………………..(a) …………………………… Number of working days during the quarter : Aggregate number of Aggregate number of man days lost on account of absence mandays workerd (b) (c) (d) (e) Below ground (i) Face Workers and Loaders (ii) Others Men Women sickness Accident Leave Other cause Total Opencast Workings : (i) Miners & Loaders (ii) Others(f) Above ground : Total If there is any marked increase or decrease in attendance or absence, please account for it. Signature of person Signing the return _____________ INSTRUCTIONS (a) Give day of the week and the date and month. (b) The information should cove all persons “Employed” in the mine as defined in clause(h) of section 3 of the Mines Act, 1952, including clerical and subordinate supervisory staff. (c) Total number of man-days worked should be obtained by adding the daily attendance for the whole quarter (d) Total number of man-days lost by absence should be obtained by adding the daily absences for the whole quarter. (e) Absences should include all cases in which a person is “scheduled to work” or is expected to turn up for work, but does not. All permanent employees are to be treated as “Schedule” to work. So far as temporary or casual employees are concentrated a person who attended work during the preceding week should be considered as scheduled to work during the week under consideration unless : (i) He has reported his intention to quit, or (ii) His services have been terminated by the management, or (iii) He does not turn up for work during the whole week.
- 197. A person who has not worked during the preceding week, should be considered as “scheduled to work” only from the day in which he joins work during the week under consideration. Absence due to strike, lockout, lay-off or maternity leave should not be included as absence here. (f) Persons employed in the removal of over burden should be included amongst “others” and not among “miners and Loaders”. TABLE C HOURS OF WORK AND EARNING Information should be furnished in respect of one complete working week during the last month of the quarter(a). 1. Attendance, man-hours worke d and cash earnings. Average daily attendance during the week (b) Aggregate number of man-hours worked during the week(c) Total cash payments for work done during the week (d) Basic wages Dearness allowance Other cash payments (e) total Rs. Rs. Rs. Rs. Below Ground: (i)Mine Foreman and Mining Mates (ii)Face Workers and Loaders (iii)Others Opencast Workings (i) Mine Forman and Mining Mates (ii) Mines & Loaders (iii) Others (Men) (f) Women) Above Ground: (i) Clerical and Supervisor y staff (ii) Others (men) women) 2. total estimated value of concessions in kind (g) given during the week : Rs. – 3. Normal hours of production shifts : From To 1st Shift 2nd Sift
- 198. 3rd Shift 4. Number of workings days in the week : 5. If there is any major change in wages or hours of work as compared to the preceding quarter, please account for the change here. Signature of person Signing the return _____________ INSTRUCTIONS I. the information should cover all persons “employed” as in Table C. Particulars relating to payments etc., to monthly paid staff should be included on a pro-rata basis. II. Average daily attendance should be obtained by dividing the aggregate number of attendances on all the shifts on all days during the week by the number of working days. Any day on which the mine did not work, for any cause whatsoever, should not be treated as a working day. III. Aggregate number of man-hours worked during the week should be obtained by adding for the whole week, the number of man-hours worked every day. The number of man-hours worked on a day is obtained by summing up the number of hours worked by each person attending work on each of the shifts during the day, including o vertime worked, if any. IV. Total cash payments should include all remuneration payable (and paid) for work done during the week before making deductions, if any, towards fines, provident fund contributions, etc., Employer’s contributions to the provident fund or on account of welfare provisions should not be included. Bonuses not payable for every pay-period should also not be included. V. Including over-time payments. VI. Persons employed in the removal of overburden should be included among “Others” and not among “Miners and Loaders” or “Face Workers and Loaders”. VII. Concessions in kind (such as supply of food-stuffetc. Free or at subsidised prices) should be estimated in terms of the difference between the monetary value of the food stuffs, etc. at cost price and the value realised by sale at concessional price. FORM III (See Regulation 5) Annual Return for the year ending on the 31st December, 19 1. Name of mine ………………………………………Mineral worked…………………… 2. Postal address of mine ………………………….. 3. Date of opening …………………………………… 4. Date of closing (if closed) 5. Situation of mine District……………………………………… State …………………………………. 6. Name of Owner………………………. Postal address of Owner………………….. 7. Name of Managing Agents (if any)………………….. Postal address of Managing Agents…………………. 8. Name of Agent (if any) as defined in section 2(c) of the Mines Act, 1952…………. Portal address of Agent …………………………. 9. Name of Manager………………………………. Postal address of Manager……………………………… 10. Other superior supervisory staff employed as at the end of the yar. (Please give designations and numbers employed). ………………………………………………..
- 199. ………………………………………………... 11. (a) Whether machinery is used …………………… (b) Nature of power used, if any (e.g., electricity, steam, compressed air, etc.) 12. Tables A to E2 duly filled in, are attached. Certified that the information given above and in Tables A to E2 below is correct to the best of my knowledge. Yours faithfully, Signature ………………………… Designation : Owner/Agent/Manager TABLE A.-EMPLOYMENT Maximum number of persons employed on any one day during the year ____________________________ (i)in workings below ground on …………………………(a)………………………….. (ii)in all in the mine on ………………………………….(a)………………………….. Classification Total number of man- days worked during the year (b) Number of days worked during the year Average daily number of persons employed (c) Total wages or salary bill for the year(d) (1) (2A) (2B) (2C) (3) (4A) (4B) (4C) (4D) (5) Below ground: (i) Foremen and Mining Mates (ii) Face workers and loaders (iii) Others Opencast Working : (i) Foremen and Mining Mates (ii) Miners and Loaders (iii) Others (e) Above ground : (i) Clerical and Supervisory staff (excluding the superior supervisory staff mentioned in item 10 of Form III) (ii) Workers in any attached factory, workshop or mineral dressing plant. (iii) Others. Total Sigature of person Signing the Return …………..
- 200. INSTRUCTIONS (a) Give day of the week and the date and month. (b) Obtained by adding the daily attendance for the whole year. (c) Obtained by dividing the number of man-days worked by the number of working days. The total shown in column (4D) should agree with the quotient obtained by dividing the total shown in column (2C) by the number of working days shown in column (3) (d) Includes all cash payments including bonuses. Employer’s contributions to provident funds, welfare activities, etc., and concessions in kind should not be included. (e) Persons employed in the removal of overburden should be included among “Others” and not among “Miners and Loaders” or “Face Workers and Loaders”. TABLE B – TYSPE AND AGREGATE HORSE-POWER OF ELECTRICAL APPARTATUS 1. Electricity generated, purchased or received otherwise (in kwh). Generated Purchased or received (a) For own use (b) For sale 2. System of supply (whether direct current or alternating current) :- (i) Voltage of supply (ii) Periodicity (iii) Source of supply 3. Voltage at which current is used for : Above ground Below ground (a) Lighting (b) Power 4. Length of cables (in metres) (i) High pressure (ii) Medium pressure 5. Total number and aggregate horse-power of motors In use In reserve Number of units Total h.p. Number of units Total h.p. (a) Installed above ground for : (i) Winding (ii) Ventilation (iii) Haulage (iv) Pumping (v) Mineral treatment plants (vi) Workshops including foundry, smithy etc. (vii) Miscellaneous (specify) ____________________
- 201. Total : (b) Installed above ground for : (i) Winding (ii) Haulage (iii) Ventilation (iv) Pumping (v) Other portable machines (drill, etc.) (vi) Conveyors, loaders, scrapers, etc. (vii) Electric traction (locomotives, etc.) (viii) Miscellaneous (specify) ____________________ Total : Signature of person Signing Return ……………… TABLE. C- TYPE AND AGGREGATE HORSE-POWER OF MACHINERY AND EQUIPMENT OTHER THAN ELECTRICAL APPARATUS In use In reserve Number of units Total h.p. Number of units Total h.p. (I) Power generators : (a) Boilers (b) Steam Turbines (c) Diesel Engines (d) Gasoline, Gas or Oil Engines other than Diesel Engines (e) Hydraulic Turbines or Water Wheels (f) Air Compressors Total : (II)Machinery Installed above ground for : (i) Winding (ii) Ventilation (iii) Haulage (iv) Pumping (v) Mineral dressing plants (vi) Workshops including foundry, smithy etc. (vii) Miscellaneous (specify) ____________________ Total : (III)Machinery Installed above
- 202. ground for : (i) Winding (ii) Haulage (iii)Ventilation (iv) Pumping (v) locomotives, etc. (vi) Miscellaneous (specify) ____________________ Total : Signature of person Signing Return ……………… TABLE D. - EXPLOSIVES, SAFETY LAMPS, ROCK DRILLS AND MECHANICAL VENTILATORS 1. Explosives : Number of detonators used Name of explosive Quantity used (in kgm) Electric Ordinary 2. Safety Lamps : Number of safetylamps according to method of locking Name and type of safety lamps* Lead rivet Magnetic Other • Mention type, such as flame type, electric hand type, electric cap., etc. 3. Rock drills. Name and type etc. of rock drill Number in use 4. Mechanical Ventilators. Name and sizeof Mechanical Ventilator Position where installed Average total quantity of air delivered per minute Water gauge obtained (in centimeters) Signature of person Signing the Return …… (a) (b) TABLE E1. – OUTPUT ETC. OF MICA Despatches Opening Stocks on 1ST Jan. , 19 Output during the year Value of mica produced (c) Consigned by rail or road Sold locally Closing stock on 31st Dec. , 19
- 203. Cruda Mica Dressed Mica Mica Splittings Waste Mica Signature of person Signing the return …….. INSTRUCTIONS (a) In Kilogrammes. (b) If any other mineral such as beryl is also produced from the mine, give particulars regarding such minerals in Table E2 (c) The value required is the pit-head or ex-factory value. Royalty figures will not be accepted in place of value. (a) TABLE E2 : OUTPUT ETC. OF MINERALS OTHER THA MICA Out put of the Mineral(c) Despatches Closing stock on 31st Dec., 19 Metal extracted, if an, at the mine(e) Name of Minera l raied(b ) Openin g stock on 1st Jan., 19 As receive d from the mine After proces sing if any Value of the minera l produc ed (d) For exp ort mar ket For hous e cons umpt ion Name Quantity Value 1 2 3A 3B 4 5A 5B 6 7A 7B 7C Signature of person Signing the Return………… INSTRUCTIONS (a) The figures should be stated : (i) in the case of gem-stones, in carats; (ii) in the case of gold, silver and other precious metals, in grammes; (iii) in the case of alum, amber, asbestos, beryl, graphite, jadestone, steatite, tin-ore, radio-active minerals and rare minerals such as molybdenite monazite, pitch blende, samarskite, tantalite and triplite, and also in case of tin, in kilogrammes; and (iv) in the case of clay, limestone, magnesite, marble, phosphetic rock, slate, salt and other stone, and all metalliferous ores except those referred to above, an also in case of other metals in tons. (b) If more than one minerals are raised or metals extracted, separate figures should be given for each of them. (c) If the mineral is dressed, processed or treated before despatch, the output of the dressed, processed or treated mineral (instead of crude ore), as the case may be, should be given.
- 204. (d) “Value” should be calculated upon actual or estimated selling price at the pit-head. Any charges incurred in transporting the mineral outside the mine property should not be included. Royalty figures will not be accepted. (e) Each metal should be shown separately. FIRST SCHEDULE FORM IV-A (See Regulation 9) Notice of Accident/Occurrence From : ………………………………….. …………………………………… 1. The Chief Inspector of Mines, …………..Dhanbd, E.Rly. 2. The Regional Inspector of Mines ……………………….. 3. The District Magistrate/District Collector ……………… 4. The Electric Inspectorof Mines (in case of electrical accidents only, Dhanbad).E .R. ……. Sir, I have to furnish the following particulars of a fatal accident/a serious accident/a dangerous occurrence (I) which occurred at the………………………………………… Mine (also state name of mineral produced) of …………………………. (owner) : 1. PARTICULARS OF STHE MINE : Situation of mine Mineral worked Name and postal address of owner Village Post office Police station Sub-Division (Taluq) District State 2. PARTICULARS OF THE ACCIDENT : Date and hour of accident /occurrence Place and Location in mine Number of persons(s) Killed Seriously injured Classification of accident / occurrence(ii) Its cause and description 3. PARTICULARSOF INJURIES ETC. : Name of person(s)(iii) Nature of employment age sex Nature of injury and if fatal, cause of death (iv) Killed 1 2 3 Injured
- 205. 1 2 3 Particulars in respect of every person, killed or injured, in form IV-B are enclosed/ shall be forwarded within a week (I) Yours faithfully, Signature ………………………… Designation : Owner/Agent/Manager Date ……………………………….. INSTRUCTIONS (I) Delete whatever is not applicable ; (II) Under one or other of the following heads, namely :- 1. Explosion and ignition of inflammable gas : 2. Falls of ground : (a) falls of roof; (b) falls of side, wall or face; (c) rockburst; 3. Haulage : (a) above ground (b) below ground 4. In shafts : (a) Overwinding of cages or other means of conveyance ; (b) Breakage of ropes, chains or drawgear; (c) While ascending or descending by machinery; (d) By falling; (e) By falling objects (excluding falls of ground); (f) Miscellaneous; 5. Explosives; 6. Machinery : (a) Above ground; (b) Below ground; 7. Suffocation by gases; 8. Irruption of water 9. Premature collapse of workings; 10. Outbreak of fire or spontaneous heating; 11. At railway sidings belonging to the mine; 12. Electricity; or 13. Miscellaneous : (a) above ground (b) below ground (iii) In block capital. (iv) Attach separate sheet, if necessary. FIRST SCHEDULE FORM IV-B (See Regulation 9) Particulars of Deceased/Injured person (To be given separately in respect of every person killed or injured in an accident in the mine)
- 206. 1. General : (i) Name of mine …………………………….. (ii) Mineral produced ………………………… (iii) Owner ……………………………………. (iv) District ……………….(v) State ………… 2. Name of Injured Worker ……………………………. 3. Time of Accident : (i) Date …………………(ii) Time ………… ……..(iii) Shift …………………… (iv)Number of shifts worked per day at the mine ……………………. (v) Time when the worker began work on the day f the accident…………… 4. Occupation and Experience of the Worker : (i) State the nature of job he was doing at the time of accident…………… (ii) Was it his regular occupation ? …………………….. (a) If yes, state length of experience at the occupation : At your mine ……………………. Previous experience , if any ……………….. (b) If no, state how long employed at this job……………………………. (iii) State total experience in mining , coal and metalliferous ………………… (iv) Give details of experience in mining work …………………………….. 5. Place of accident : (i) if belowground, state : (a) Whether development area or depillaring/stoping area………………… (b) Number or Name of Seam/Vein……………………………………….. (c) Dimensions at the place of accident ………………………………….. (ii) If on surface, state whether on railway, tramway, power plant or elsewhere (to be specified)…. (iii) If other, state whether open-workings, shaft or elsewhere (to be specified) …………… 6. Nature of Injury : (i) State whether fracture, amputation, laceration, bruise, sprain, crushing injury or other (to be specified)………….. (ii) Part of body injured (to be specified precisely) …………….. 7. Degree of Disability : (i) if fatal, date and time of expiry ……………….. (ii) If permanent disablement, specify :- (a) the partor parts of the body lost, if any ………………… (b) the part or parts of body gone out of use …………………. (c) Whether disablement, was total or partial ……………….. (iii) If temporary disablement, state number of days forced to remain idle ………………… 8. Responsibility for the Accident : (i) Was any safety provision(s) contravened ? ………………….. (ii) If so, by whom ? ……………………………………………… (iii) What action was taken against the offender ? ………………. (iv) Could the accident have been avoided ? ……………………. (v) If so, how ? ………………………………………………….. Signature ………………………… Designation : Owner/Agent/Manager
- 207. Date ……………………………….. FIRST SCHEDULE FORM IV-C (See Regulation 9) Particulars of Injured person returned to duty (To be given separately in respect of every person within 15 days of his return to duty ) 1. General : (i) Name of mine …………………………….. (ii) Mineral produced ………………………… (iii) Owner ……………………………………. (iv) District ……………… .(v) State ………… 2. Name of Injured Worker ……………………………. 3. Return to duty : (i) Date when returned to work …………………….. (ii) Whether rturned to regular job or some other job (to be specified) …………….. 4. Compensation : State amount of compensation paid, or to be paid, if any ……………………….. Signature ………………………… Designation : Owner/Agent/Manager Date ……………………………….. FIRST SCHEDULE FORM V (See Regulation 10) Notice of Disease notified under section 25 From : ………………………………….. …………………………………… 1. The Chief Inspector of Mines, …………..Dhanbd, E.Rly. 2. The Regional Inspector of Mines ……………………….. 3. The Inspector of Mines (in case of electrical accidents only, Dhanbad).E .R. ……. 4. The District Magistrate/District Collector ……………… Sir,
- 208. I have to furnish the following particulars with respect to an occupational disease contracted by a person employed in the………………………………………… Mine (also state name of mineral produced) of …………………………. (owner) : 1. PARTICULARS OF THE MINE ETC: (i) Situation of mine………………………………… Village…………………………………………… Post office……………………………………….. Police station…………………………………….. Sub-Division (Taluq)……………………………. District………………………………………….. State……………………………………………. (ii)Mineral worked ……………………………. (iii) Name and postal address of owner ……………… 2. PARTICULARS OF PERSON AFFECTED : (I) Name (in Block Capitals) …………………….. (II) Caste or surname ……………………………… (III) Permanent address – Village…………………………………………… Post office……………………………………….. Police station…………………………………….. Sub-Division (Taluq)……………………………. District………………………………………….. State……………………………………………. (iv) Sex…………………………………………….. (v) Date of birth (or age)…………………………. (vi) Occupation ………………………………… How long engaged ? …………………………… (vii) Date of commencement of employment : (a) in your mine ……………………. (b) In mining ………………………. (c) 3. PARTICULARS OF DISEASE ETC. : (i) nature of disease from which the person is suffering (state stage) …………… (ii) Date of detection of disease ………………………………………………….. (iii) Name, registration number and address of Medical Practitioner suspecting disease……… Signature ………………………… Designation : Owner/Agent/Manager Date ……………………………….. 1[FORM VI (See regulation 108A) Name of Mine …………………………….Owner ……………………Manager ……………….. Seam/vein etc. Section/Area etc. ……………………………………………………………………. Inspected by ………………Accompanied by Shri ………………..on ………………………….19.
- 209. Places Inspected Mines Act/Metallifero us Mines Regulations/Mi nes Rules/Section/ Clause number etc. Contravention observed Action taken by Management to remedy the contravention Date of rectification of the contravention Remarks, if any The contraventions mentioned above are not exhaustive. A letter giving the details of other contravention observed may follow in due course, Signature of Inspection Officer [Signature of Mine Official] (IO) accompanying I.O Date Date Designation Designation] 2******************** STATUTORY ORDERS ISSUED UNDER THE METALLIFEROUS MINES REGULATIONS, 1961 Approval of Institutions and their degrees, diplomas and certificates under the MMR, 1961 S.O. 2792, dated the 23rd September, 1963. – In pursuance of the provisions of proviso (b) to sub- regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves the educational institutions mentioned under column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the tem as are specified in the corresponding entry under column II of the said table. TABLE I II Name of Institution Degrees, Diplomas or Certificates awarded 1. Any University in India established by law Degree in applied Geology or in Civil, Mechanical engineering 2. Indian School of Mines, Dhanbad. (i) Certificate in Geology (Awarded upto 1950-51) (ii) Diploma of Associateship in Geology (Awarded upto 1950-51) (iii) Diploma of Associateship in Applied Geology, 3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical Engineering S.O. 2793, dated the 23rd September, 1963. – In pursuance of the provisions of proviso (b) to sub- regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves the educational institutions mentioned under column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry under column II of the said table. TABLE
- 210. I II Name of Institution Degrees, Diplomas, Certificates awarded 1. Any University in India established by law Degree in mining. 2. Indian School of Mines, Dhanbad. (i) Certificate in Metal Mining (Awarded upto 1938-39) (ii) Diploma of Associateship in Mining Enginering. 1[3. The Institution of Engineers (India) incorporated by Royal Charter 1935. Pass in Sections A and B of the Associate Membership Examination in Mining Engineering Branch.] “INDIA” (only for the purpose of Manager’s Certificates restricted to open cast mines) 1. Indian School of Mines, Dhanbad M. Tech. (opencast Mining) D.I.S.M. (Opencast Mining) UNITED KINGDOM 1. London University (i) Degree in B.Sc. in Mining for Internal Students subject to the Degree being endorsed by the University with a certificate of four months’ practical experience in a mine. (ii) Degree of B.Sc. in Mining for External Students. 2[2 University of Sheffield Bachelor of Engineering (Mining) 3. Leeds University Degree of B.Sc. in Mining. 4. Birmingham University Degree of B.Sc. in Mining 5. Camborne School of Metalliferous Mining, Cornwal (England) Diploma of Associateship in Metalliferous Mining] 6. University of Wales Degree of B.Sc. in Mining Engineering. U.S.A. 1. Colorado School of Mines Degree in Mining Engineering 3[2. Wisconsin State College and Institute of Technology, Platteville, Wisconsin Bachelor of Science in Mining. 1[PORTUGAL REPUBLIC 1. Higher Technical Institute of the Technical University of Lisbon Degree in Mining Engineering. S.O. 2795, dated the 23rd September, 1963. – In pursuance of the provisions of proviso to regulation 17 of the Metalliferous Mines Regulations, 1961, the Central Govern ment hereby approves for the purpose of said regulation the educational institutions mentioned under column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry under column II of the said table. TABLE I II Name of Institution Degrees, Diplomas, Certificates awarded
- 211. INDIA (List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study) 1. Any University in India established by law Degree in mining. 2. Indian School of Mines, Dhanbad. (i)Certificate in Coal Mining (Awarded upto 1950 - 51) (ii) Certificate in Metal Mining (Awarded upto 1938-39) (iii) Diploma of Associateship in Mining Enginering. 3. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929) 4. State Council for Engineering and Technical Education, West Bengal. Licentiate Diploma in Mining Engineering. 5. Board of Technical Education, Rajasthan, Jodhper Diploma in Mining 6. State Council of Technical Education and Training, Orissa Diploma in Mining Engineering 7. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering 8. Shri Jayachamarajendra Occupational Institute, Bangalore Diploma in Mining 9. State Board of Technical Education and Training , Andhra Pradesh. Diploma in Mining Engineering 10. State Board of Technical Education (formerly Technological Examination Board,), Madras Licentiate in Mining Engineering 11. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying 12.Madhya Pradesh Board of Technical Education, Bhopal Diploma in Mining and Mine Surveying 2[13. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying 3[14. Board of Technical Examinations, Maharashtra, Bombay Diploma in Mining and Mine Surveying 15. The Institution of Engineers (India) incorporated by Royal Charter 1935. Pass in Sections A an B of the Associate Membership Examination in Mining Engineering Branch] 5(List of Institution and authorities awarding Degree/Diploma in Mining, after part time course of study) 1. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying (Re - organised Mining Classes, Bhaga, Dhanbad). 2. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run by the Directorate of Mines and Minerals, Government of West Bengal]. I II (List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study) 1. Any University in India established by law Degree in Civil Engineering 2. All India council of Technical Education National Certificate in Civil Engineering 3.Assam Engineering Institute, Gauhati Certificate in Civil Engineering 4. Bihar College of Engineering, Patna (1) Surveyor’s Certificate (2) Civil Engineering Subordinate Diploma 5. Board of Technical Education, Kerala Diploma in Civil Engineering 6. Board of Technical Education, Rajasthan,Jodhpur Diploma in Civil Engineering 7. Board of Technical Examination, Mysore (formerly Central Board of Technical Examination, Mysore) L.C.E./ Diploma in Civil Engineering 8. Civil Engineering School, Allahabad Overseers Certificate 9. Civil Engineering School, Lucknow Overseers Certificate 10. College of Engineering, Poona Civil Engineering diploma prior to 1950
- 212. 11. College of Engineering, Guidy Upper Subordinate Diploma, L.C.E. from 1942 to 1953. 12. College of Engineering, Osamania Univeristy (formerly Osmania Engineering College), Hyderabad Upper Subordinate (Ist Class) Overseer Certificate from 1941 13. College of Enginering and Technology, Jadhavpur Diploma of the Overseer Course 14. College of Military Engineering, Kirkee Overseers’ Building and Road Course 15. Department of Technical Education, Bombay Diploma in Civil Engineering 16. Department of Technical Education, Gujarat State, Ahmedabad (previously Bombay) Overseers Diploma 17. Director Geneal of employment and Training (Ministry of Labour and Employment, Government of India) Surveyor’s Diploma 18. Director of Industries, Punjab Common Civil Overseer’s Certificate 19. Government Polytechnic, Nagpur University (formerly Government Engineering School, Nagpur (1) Surveyor’s Certificate (2) L.C.E. 20. Government School of Engineering, Rasual Overseership Certificate (21) Governments Technical College, Hydrabad (formerly Osmania Technical College, Hyderabad L.C.E. (22) Howett-Engineering School, Lucknow Ovearseers Certificate (Granted by the Department of Public Instruction from 1936 to 1944 and by the U.P. Government from 1946) 23. H.R.H. the Prince of ‘wales Institute of Engineering an Technology, Jorhat Certificate in Civil Engineering. 24. Kalikata Shilpa Vidya Pith L.CE. awarded by the Adhoc Committee. Provincial Council for Engineering and Technical Education. West Bengal. 25. Kerala University (formerly Travancore University) Diploma in Civil Engineering 26. Mainamati Survey Institute, Tripura Survey Final Examination. 27. M.E.M. Engineering College, Jodhpur Diploma in Civil Engineering 28. Murlidhar Gajan and Technical Institute, Hathras Surveyor’s Examination 29. Muslim University, Aligarh Diploma in Civil Engineering 30.Nagpur University L.C.E. 31. National Council for Rural Higher Education Diploma in Civil Engineering 32. Orissa School of Engineering, Cuttack (1) Surveyor’s Certificate (2) Civil Engineering Subordinate Diploma, L.C.E 33. Overseer Examination Board (Bengal ) (Before partition) L.C.E 34. Polytechnicl Faculty of Technological (including engineering) Diploma in Civil Engineering (obtained after a course of at least three years) 35. Punjab Polytechnic (formerly Punjab Government School of Engineering, Nilokheri). Overseer’s Diploma in Civil Engineering from December, 1947 36. Ramgarhia Polytechnic, Phagwara (formerly Vishwakarma polytechnic Institute. Diploma in Civil Engineering Course, Overseer Course. 37. Saugar University Diploma in Civil Engineering 38. School of Engineering, Bangalore Diploma in Civil Engineering 39. Shri Jaichamarajendra Occupational Institute, Banglore Diploma in Civil Engineering 40. State Boar of Technical Education and Vocational Training, Bihar Diploma in Civil Engineering after a course of study lasting for 2 and half years 41. State Board of Technical Education and Training, U.P. (formerly in adhoc Board of Engineering Education , UP) Overseer Diploma in Civil Engineering
- 213. 42. State Board of Technical Education, Pubjab Overseer Diploma in Civil Engineering 43. State Board of Technical Education and Training, AP LCE 44. State Board of Technical Education (formerly Technological Diploma Examination Board,) Madras LCE/Diploma in Civil Engineering 45.State Council of Technical Education, Assam Diploma in Civil Engineering 46. State Council of Engineering and technical Education, West Bengal LCE 47. Technological Diploma Examinations Board, AP LCE 48. Trihat School of Engineering, Muzaffarpur Supordinate Engineering Course in Civil Engineering from 1952. 49. University of Roorkee (formerly Thomson Civil Engineering College, Roorkee) Diploma in Civil Engineering (formerly Civil Overseership) 50 West Bengal Survey Institute, Bandal Senior Surveyor’s Certificate 51. State Council of Technical Education and Training, Orissa Diploma in Civil Engineering FOREIGN 1. N.E.D Engineering College, Karachi Diploma in Engineering 2. Ashanulla School of engineering, Dacca Sub Overseer’s Diploma, LCE 3. Government Technical Institute, Insein, Burmah Diploma in Civil Engineering 4. London University, UK (1) B.Sc. Degree in Mining for Internal Students subject to the degree being endorsed by the University with a certificate of four months’ practical experience in a mine. (2) Degree of B.Sc. in Mining for External Students. 5. Colorado School of Mines, USA Degree in Mining Engineering 1[6. University of Sheffield Bachelor ofEngineering (Mining) 7. Leeds University Degree of B.Sc, in Mining 8. Birmingham University Degree of B.Sc. in Mining 2[9. Wisconsin State College and Institute of Technology, Platteville,Wisconsin Bachelor of Science in Mining 10. Comborne School of Metalliferous Mining, Cornwall (England). Diploma of Associateship in Metalliferous Mining 3[11. Higher Technical Institute of the Technical University of Lisbon, (Portugal ) Republic Degree in Mining Engineering S.O. 1675, dated the 30th May, 1966. – In pursuance of clause (b) of the proviso to Sub- regulation (1)and clause (b) of the proviso to sub regulation (2), of regulation 18 of the Metalliferous Mines Regulations, 1961. And in supeersession of all the notifications issued on the subject, the Central Government hereby approves institutions and authorities mentioned in column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry under colu mn II of the said table. TABLE I II Name of Institution Degrees, Diplomas, Certificates awarded INDIA 1. Any University in India established by law Degree in mining. 2. Indian School of Mines, Dhanbad (i) Certificate in Metal Mining (awarded upto 1938-39)
- 214. (ii) Diploma of Associateship in Mining Engineering) 4[3. “The Institution of Engineers (India) incorporated by Royal Charter, 1935 Pass in Sections A and B of the Associate Membership Examination in Mining Engineering Branch]. UNITED KINGDOM 1. London University (i) Degree in B.Sc. in Mining for Internal Students. Subject to the Degree being endorsed by the University with a certificate of four month’s practical experience in a mine. (ii) Degree of B.Sc. in Mining for External students. 2. University of Sheffield Bachelor of Engineering (Mining) 3. Leeds University Degree of B.Sc in Mining 4. Birmingham University Degree of B.Sc. in Mining 5. Camborrne School of Metalliferous Mining, Cornwal Diploma of Associateship in Metalliferous Mining U.S.A. 1. Colorado School of Mines Degree in Mining Engineering 2. Wisconsin State College and Institute of Technology, Plattevile, Wisconsin Bachelor of Science in Mining. 1[PORTUGAL REPUBLIC 1. Higher Technical Institute of the Technical University of Lisbon Degree in Mining Engineering] S.O. 1676, dated the 30th May, 1966. – In pursuance of clause (a) of the proviso to Sub- regulation (1)and clause (a) of the proviso to sub regulation (2), of regulation 18 of the Metalliferous Mines Regulations, 1961. And in supersession of all the notifications issued on the subject, the Central Government hereby approves institutions and authorities mentioned in column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry under column II of the said table. TABLE I II Name of Institution Degrees, Diplomas, Certificates awarded INDIA 1. Board of Technical Education, Rajasthan, Jodhpur Diploma in mining. 2. CentralBoard of Technical Examination, Mysore Licentiate in Mining Engineering 3. Madhya Pradesh Board of Technical Education, Bhopal Diploma in Mining and Mining Surveying 4. Shri Jayachamarajendra Occupational Institute, Bangalore Diploma in Mining 5. State Board of Technical Education and Training, Andhra Pradesh Diploma in Mining Engineering 6. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying 7. State Board of Technical Education (Formerly Technological Diplomas Examination Board), Madras Licentiate in Mining Engineering 8. State Council for Engineering and Technical Education, West Bengal Licentiate in Mining Engineering
- 215. 9. State Council of Technical Education and Training, Orissa Diploma in Mining Engineering 2[10. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying 3[11. Board of Technical Exsaminations, Maharashtra, Bombay Diploma in Mining and Mine Surveying 4[12. Mining Education Advisory Board, Bihar and West Bengal Final Merit Certificate 13. State Board of Technical Education, Bihar Final Merit Certificate S.O 1455, dated, the 17th May, 1963. – In pursuance of the provision of sub-clause (ii) of clause (a) of sub- regulation (1) of regulation 23 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves the educational institutions mentioned under column I of the Table below in respect of such diploma certificates or degrees awarded by them as are specified in the corresponding entries under column II of the said Table. TABLE I II Name of Institution Degrees, Diplomas, Certificates awarded INDIA 1. Any University in India established bylaw Degree in mining or 5[in applied geology] or in civil, mechanical or electrical engineering. 2. Indian School of Mines and Applied Geology, Dhanbad (i) Certificate in Metal Mining (awaded up to 1938-39). (ii) Diploma of Associateship in Geology (awarded up to 1950-51). (iii) Diploma of Associateship in Mining Engineering (iv) Diploma of Associateship in Applied Geology 3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical Engineering UNITED KINGDOM 1. London University (i) Degree of B.Sc. in Mining for Internal Students subject to the Degree being endorsed by the University with a certificate of four months’ practical experience in a Mine. (ii) Degree of B.Sc. in Mining for External Students 1[2. University of Sheffield Bachelor of Engineering (Mining). 3. Leeds University Degree of B.Sc. in Mining. 4. Birmingham University Degree of B.Sc. in Mining 2[5. Camborne School of Metalliferous Mining Cornwall - England Diploma of Associateship in Metalliferous Mining.] U.S.A. 1. Colorado School of Mines Degree in Mining Engineering 3[2 Wisconsis State College and Instistute of Technology, Platteville, Wisconsin Bachelor of Science in Mining]. 4[“Portugal Republic” 1. Higher Technical Institute of the Technical University of Lisbon Degree in Mining Engineering].
- 216. S.O. 250 dated the 6th January, 1966 – In pursuance of sub-clause (ia) of clause (a) of sub-regulation(1) of regulation 23 of the Metalliferous Mines Regulation, 1961, the Central Government hereby approves the qualifications mentioned in column 2 of the Table below of the institutions mentioned in the corresponding entry in column 1 thereof as equivalent qualifications for t he purposes of the said sub-clause, namely :- TABLE I II Name of Institution Degrees, Diplomas, Certificates awarded Mining Indian 1. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929) 2. Mining Education Advisory Board, Bihar and West Bengal Final Merit Certificate (awarded up to 1958) 3. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run by the Directorate of Mines ad Minerals, Government of West Bengal.) 4. State Board of Technical Education, Bihar (a) Final Merit Certificate (awarded in 1959 and 1960 to students of Evening Mining Classes, Bhaga). (b) Diploma in Mining and Mine Surveying (including students of re-organised Mining Classes, Bhaga, Dhanbad-awarded from 1961 onwards) 5. Shri Jayachamarajendra Occupational Institute, Bangalore Diploma in Mining 6. State Board of Technical Education and Training, Andhra Pradesh Diploma in Mining Engineering 7. Madhya Pradesh Board of Technical Education, Bhopal Diploma in Mining and Mine Surveying 8. State Board of Technical Education (Formerly Technological Diplomas Examination Board), Madras Licentiate in Mining Engineering 9.Central Board of Technical Examination, Mysore Licentiate in Mining Engineering 10. State Council of Technical Education and Training, Orissa Diploma in Mining Engineering 11. Board of Technical Education Rajasthan, Jodhpur Diploma in Mining. 12. State Council for Engineering and Technical Education, West Bengal Licentiate Diploma in Mining Engineering Geology - Indian 13.Any University in India establishd by Law (a) Honours Degree in Geology. 5[(b) Degree of M.A. or M.Sc. in Geology] Mining – Foreign 14. Camborne School of Metalliferous Mining, Cornwall (England) Diploma of Associateship I Metalliferous Mining. S.O. 2796, dated the 23rd September, 1963. – In pursuance of clause (ii) of sub-regulation (1) of regulation 24 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves for the purpose of said regulation the educational institutions mentioned under column I of the table below in respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry under column II of the said table. TABLE
- 217. I II Name of Institution Degrees, Diplomas, Certificates awarded INDIA (List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study) 1. Any University in India established by law Degree in mining. 2. Indian School of Mines, Dhanbad. (1) Certificate in Coal Mining (Awarded upto 1950-51) (2) Certificate in Metal Mining (Awarded upto 1938-39) (2) Diploma of Associateship in Mining Enginering. 3. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929) 4. State Council for Engineering and Technical Education, West Bengal. Licentiate Diploma in Mining Engineering. 5. Board of Technical Education, Rajasthan, Jodhper Diploma in Mining 6. State Council of Technical Education and Training, Orissa Diploma in Mining Engineering 7. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering 8. Shri Jayachamarajendra Occupational Institute, Bangalore Diploma in Mining 9. State Board of Technical Education and Training , Andhra Pradesh. Diploma in Min ing Engineering 10. State Board of Technical Education (formerly Technological Examination Board,), Madras Licentiate in Mining Engineering 11. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying 12.Madhya Pradesh Board of Technical Education, Bhopal Diploma in Mining and Mine Surveying I II (List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study) 1. Any University in India established by law Degree in Civil Engineering 2. All India council of Technical Education National Certificate in Civil Engineering 3.Assam Engineering Institute, Gauhati Certificate in Civil Engineering 4. Bihar College of Engineering, Patna (3) Surveyor’s Certificate (4) Civil Engineering Subordinate Diploma 5. Board of Technical Education, Kerala Diploma in Civil Engineering 6. Board of Technical Education, Rajasthan,Jodhpur Diploma in Civil Engineering 7. Board of Technical Examination, Mysore (formerly Central Board of Technical Examination, Mysore) L.C.E./ Diploma in Civil Engineering 8. Civil Engineering School, Allahabad Overseers Certificate
- 218. 9. Civil Engineering School, Lucknow Overseers Certificate 10. College of Engineering, Poona Civil Engineering diploma prior to 1950 11. College of Engineering, Guidy Upper Subordinate Diploma, L.C.E. from 1942 to 1953. 12. College of Engineering, Osamania Univeristy (formerly Osmania Engineering College), Hyderabad Upper Subordinate (Ist Class) Overseer Certificate from 1941 13. College of Enginering and Technology, Jadhavpur Diploma of the Overseer Course 14. College of Military Engineering, Kirkee Overseers’ Building and Road Course 15. Department of Technical Education, Bombay Diploma in Civil Engineering 16. Department of Technical Education, Gujarat State, Ahmedabad (previously Bombay) Overseers Diploma 17. Director General of employment and Training (Ministry of Labour and Employment, Government of India) Surveyor’s Diploma 18. Director of Industries, Punjab Common Civil Overseer’s Certificate 19. Government Polytechnic, Nagpur University (formerly Government Engineering School, Nagpur (3) Surveyor’s Certificate (4) L.C.E. 20. Government School of Engineering, Rasual Overseership Certificate (21) Governments Technical College, Hydrabad (formerly Osmania Technical College, Hyderabad L.C.E. (22) Howett-Engineering School, Lucknow Ovearseers Certificate (Granted by the Department of Public Instruction from 1936 to 1944 and by the U.P. Government from 1946) 23. H.R.H. the Prince of ‘wales Institute of Engineering an Technology, Jorhat Certificate in Civil Engineering. 24. Kalikata Shilpa Vidya Pith L.CE. awarded by the Adhoc Committee. Provincial Council for Engineering and Technical Education. West Bengal. 25. Kerala University (formerly Travancore University) Diploma in Civil Engineering 26. Mainamati Survey Institute, Tripura Survey Final Examination. 27. M.B.M. Engineering College, Jodhpur Diploma in Civil Engineering 28. Murlidhar Gajan and Technical Institute, Hathras Surveyor’s Examination 29. Muslim University, Aligarh Diploma in Civil Engineering 30.Nagpur University L.C.E. 31. National Council for Rural Higher Education Diploma in Civil Engineering 32. Orissa School of Engineering, Cuttack (1) Surveyor’s Certificate (2) Civil Engineering Subordinate Diploma, L.C.E 33. Overseer Examination Board (Bengal ) (Before partition) L.C.E 34. Polytechnicl Faculty of Technological (including engineering) M.S,. University of Baroda (formerly Kalabhavan renamed as Faculty of Technology including Engineering M.S. University, Baroda) Diploma in Civil Engineering (obtained after a course of at least three years) 35. Punjab Polytechnic (formerly Punjab Government School of Engineering, Nilokheri). Overseer’s Diploma in Civil Engineering from December, 1947 36. Ramgarhia Polytechnic, Phagwara (formerly Vishwakarma polytechnic Institute. Diploma in Civil Engineering Course, Overseer Course. 37. Saugar University Diploma in Civil Engineering 38. School of Engineering, Bangalore Diploma in Civil Engineering 39. Shri Jaichamarajendra Occupational Institute, Banglore Diploma in Civil Engineering
- 219. 40. State Boar of Technical Education and Vocational Training, Bihar Diploma in Civil Engineering after a course of study lasting for 2 and half years 41. State Board of Technical Education and Training, U.P. (formerly in adhoc Board of Engineering Education , UP) Overseer Diploma in Civil Engineering 42. State Board of Technical Education, Pubjab Overseer Diploma in Civil Engineering 43. State Board of Technical Education and Training, AP LCE 44. State Board of Technical Education (formerly Technological Diploma Examination Board,) Madras LCE/Diploma in Civil Engineering 45.State Council of Technical Education, Assam Diploma in Civil Engineering 46. State Council of Engineering and technical Education, West Bengal LCE 47. Technological Diploma Examinations Board, AP LCE 48. Trihat School of Engineering, Muzaffarpur Supordinate Engineering Course in Civil Engineering from 1952. 49. University of Roorkee (formerly Thomson Civil Engineering College, Roorkee) Diploma in Civil Engineering (formerly Civil Overseership) 50 West Bengal Survey Institute, Bandal Senior Surveyor’s Certificate 51. State Council of Technical Education and Training, Orissa Dip loma in Civil Engineering FOREIGN 1. N.E.D Engineering College, Karachi Diploma in Engineering 2. Ashanulla School of engineering, Dacca Sub Overseer’s Diploma, LCE 3. Government Technical Institute, Insein, Burma Diploma in Civil Engineering 4. London University, UK (1) B.Sc. Degree in Mining for Internal Students subject to the degree being endorsed by the University with a certificate of four months’ practical experience in a mine. (2) Degree of B.Sc. in Mining for External Students. 5. Colorado School ofMines, USA Degree in Mining Engineering 1[6. University of Sheffield Bachelor of Engineering (Mining) 7. Leeds University Degree of B.Sc, in Mining 8. Birmingham University Degree of B.Sc. in Mining]. 2[9. Wisconsin State College and Institute of Technology, Platteville,Wisconsin Bachelor of Science in Mining 10. Comborne School of Metalliferous Mining, Cornwall (England). Diploma of Associateship in Metalliferous Mining]. 3[11. Higher Technical Institute of the Technical University of Lisbon, (Portugal ) Republic Degree in Mining Engineering Tks/11/10/99
- 220. 160 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 27th November, 2017. G.S.R. 1449(E).—Whereas the draft of certain regulations which the Central Government proposes to make, in exercise of the powers conferred by section 57 of the Mines Act, 1952 (35 of 1952) and on the recommendations of the Committee constituted under section 12 of the said Act, were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R. 773 (E), dated the 20th October, 2011, as required by sub-section (1) of section 59 of the said Act, inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of three months from the date of publication of the said notification in the Official Gazette; And whereas the objections and suggestions received on the said draft have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 57 of the said Act and in supersession of the Coal Mines Regulations, 1957, the Central Government hereby makes the following regulations, namely:- CHAPTER I PRELIMINARY 1. Short title, commencement, application and extent.-(1) These regulations may be called the Coal Mines Regulations, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. (3) They shall apply to every coal mine. (4) They shall extend to the whole of India. 2. Definitions.- (1) In these regulations, unless the context otherwise requires, - (a) “abandoned working” means such working as have been abandoned with no intention of working in future; (b) “Abandoned Mine Methane (AMM)” means a natural gas recovered from abandoned coal mines or part thereof; (c) “Act” means the Mines Act, 1952 (35 of 1952); (d) “approved safety lamp” and “approved electric torch” mean respectively, a safety lamp or an electric torch, manufactured by such firm and of such type as the Chief Inspector may, from time to time, specify by a general or special order; (e) “assistant manager” means a person possessing a Manager’s Certificate appointed in writing by the owner, agent or manager to assist the manager in the management, control, supervision and direction of the mine or part thereof, and who holds the rank immediately below the manager and superior to an overman and a sirdar; (f) “auxiliary fan” means a forcing fan or an exhausting fan used belowground wholly or mainly for ventilating one or more faces forming part of a ventilating district; (g) “average output” of any mine, means the average output per month during the preceding financial year of the total output from all workings within the specified mine boundaries; (h) “banksman” means a person appointed to superintend the lowering and raising of persons, tools and materials and to transmit signals at the top of a shaft or incline; (i) “booster fan” means a mechanical ventilator used belowground for boosting the whole current of air passing along the intake or return airway of a mine or ventilating district; (j) “coal” includes anthracite, bituminous coal, lignite, peat and any other form of carbonaceous matter sold or marketed as coal; (k) “Coal Mine Methane (CMM)” means a natural gas recovered from a coal mine or part thereof;
- 221. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 161 (l) “Committee” means a committee appointed under section 12 of the Act; (m) “competent person” in relation to any work or any machinery, plant or equipment means a person who has attained the age of twenty years and who has been duly appointed in writing by the manager as a person competent to supervise or perform that work, or to supervise the operation of that machinery, plant or equipment, and who is responsible for the duties assigned to him, and includes a shot firer; (n) “contractor” means an individual, association of individuals, company, firm, local authority or local body who provides for the services or operations in a mine on contract basis, and includes a sub-contractor; (o) “deep-hole drilling and blasting” means drill holes more than three meters in depth and used for blasting in an opencast mining operation; (p) “designer” means an individual, association of individuals, company or institution who designs a coal mining system, method of coal mining, machinery, plant, equipment, appliance or substances for use in coal mines; (q) “discontinued working” means such working in a mine as have been discontinued for any reason and are inaccessible or rendered inaccessible but are likely to be worked again; (r) “District Magistrate” in relation to any mine, means the District Magistrate or the Deputy Commissioner, as the case may be, who is vested with the executive powers of maintaining law and order in the revenue district in which the mine is situated: Provided that in the case of a mine, which is situated partly in one district and partly in another, the District Magistrate for the purpose of these regulations shall be the District Magistrate authorised in this behalf by the Central Government; (s) “disused working” means such working in a mine where work has been temporarily stopped, but which are accessible and include unused working; (t) “explosive” shall have the same meaning as is assigned to it in the Explosives Act, 1884 (4 of 1884); (u) “face” means the moving front of any working place or the inbye end of any gallery, roadway or drift; (v) “fiery seam” means a seam in which a fire or spontaneous heating exists in the working belowground or in open cast workings lying within the precincts of a mine; (w) “financial year” means a period of twelve months from the first day of April to the last day of March of the successive year; (x) “flame proof enclosure” shall have the same meaning as defined under the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010; (y) “Form” means a form as may be specified by an order or instruction by the Chief Inspector under these regulations; (z) “gas” includes fume or vapour; (za) “gassy seam of the first degree” means a coal seam or part thereof lying within the precincts of a mine not being an open cast working whether or not inflammable gas is actually detected in the general body of the air at any place in its workings below ground, or when the percentage of the inflammable gas, if and when detected, in such general body of air does not exceed 0.1 and the rate of emission of such gas does not exceed one cubic meter per tonne of coal produced; (zb) “gassy seam of the second degree” means a coal seam or part thereof lying within the precincts of a mine not being an open cast working in which the percentage of inflammable gas in the general body of air at any place in the workings of the seam is more than 0.1 or the rate of emission of inflammable gas per tonne of coal produced exceeds one cubic meter but does not exceed ten cubic meters;
- 222. 162 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (zc) “gassy seam of the third degree” means a coal seam or part thereof lying within the precincts of a mine not being an open cast working in which the rate of emission of inflammable gas per tonne of coal produced exceeds ten cubic meters; (zd) “general body of air” means the general atmosphere in a coal seam and includes the atmosphere in the roof cavities, but does not include general atmosphere in the sealed off area or in any borehole drilled in coal or in the adjacent strata; (ze) “goaf” means any part of workings below ground wherefrom a pillar or part thereof, or in the case of longwall workings, coal has been extracted but which is not a working place; (zf) “haul road” means any passage or road, which is maintained and used in connection with the working of opencast mines for plying of machinery within the precincts of a mine; (zg) “Heavy Earth Moving Machinery (HEMM)” means machinery used in opencast mines for digging, drilling (excluding hand held drills and drill machines capable of drilling hole of a diameter up to 50 mm), dredging, hydraulicking, ripping, dozing, grading, excavating, loading or transporting minerals or overburden; (zh) “incline” means an inclined passage or road either on the surface or belowground; (zi) “intrinsically safe” shall have the same meaning as defined under the Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010; (zj) “inset” means a landing or platform in a shaft, and includes an excavation therefrom between the top and the bottom of the shaft; (zk) “machinery” means – (i) any locomotive or any stationary or portable engine, air compressor, boiler or steam apparatus which is, or (ii) any such equipment used for cutting, drilling, loading and transport of material which is, or (iii) any such apparatus, appliance or combination of appliances intended for developing, storing, transmitting, converting or utilizing energy which is, or (iv) any such apparatus, appliance or combination of appliances if any power is developed, stored, transmitted, converted or utilised thereby is, used or intended for use in connection with mining operations; (zl) “manager” means a manager appointed under regulation 27; (zm) “manufacturer” means an individual, association of individuals, company or institution who manufactures machinery, plant, equipment, appliance or substances for use in coal mines; (zn) “material” includes coal, stone, debris, or any other material; (zo) “mine”, for the purpose of chapter IV under these regulations, means all excavations within the mine boundary and all premises, plants, machinery and works as specified in clause (j) of sub section (1) of Section 2 of the Act and the same shall collectively constitute a mine; (zp) “misfire” means the failure to explode of an entire charge of explosives in a shot hole or blast hole; (zq) “month” means a calendar month; (zr) “official” means a person appointed in writing by the owner, agent or manager to perform duties of supervision in a mine or part thereof and includes an assistant manager, a ventilation officer, a safety officer, a sampling incharge, a dust in- charge, an overman, a sirdar, an engineer and a surveyor; (zs) “onsetter” means a person appointed to superintend the raising and lowering of persons, tools and materials and to transmit signals at any inset or shaft bottom; (zt) “overman” means a person possessing a Manager’s or Overman’s Certificate, appointed by the manager in writing, under any designation whatsoever, to perform the duties of supervision or control in a mine or part thereof, and is as such superior to a sirdar;
- 223. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 163 (zu) “permitted explosive” means an explosive manufactured by such firm and of such types as the Chief Inspector may, from time to time specify by a general or special order; (zv) “pipeline” means a pipeline laid or being used in a mine for the purpose of pumping or supply of water, sand stowing or filling of material other than sand stowing, nitrogen flushing or for any other purpose including extraction of Coal Mine Methane (CMM), Abandoned Mine Methane (AMM) and other associated pipelines; (zw) “principal official” means the senior-most mine official in mining discipline on duty in the mine; (zx) “public road” means a road maintained for public use and under the jurisdiction of any Government or local authority; (zy) “quarter” means a period of three months ending on the 31st March, 30th June, 30th September and 31st December; (zz) “railway” means a railway as defined in the Railways Act, 1989 (24 of 1989); (zza) “Regional Inspector” means an Inspector of Mines having jurisdiction over a geographical area in which the mine is situated and over which he exercises his powers under the Act; (zzb) “river” means any stream or current of water, whether seasonal or perennial, and includes its banks extending up to the highest known flood level; (zzc) “risk” means combination of likelihood of a specific unwanted event and its potential consequences; (zzd) “roadway” means any part of a passage or gallery below ground which is maintained in connection with the working of a mine; (zze) “Schedule” means a Schedule appended to these regulations; (zzf) “shaft” means a way or opening leading from the surface to workings below ground or from one part of the workings belowground to another, in which a cage or other means of conveyance can travel freely suspended, with or without the use of guides; (zzg) “shot-firer” means a person so appointed under regulation 190; (zzh) “socket” means a shot hole or blast hole or part thereof remaining after being charged with explosive and blasted, and which is not known to be a misfired hole; (zzi) “supplier” means an individual, association of individuals, company or institution who supplies a technology, machinery, plant, equipment, appliance or substance for use in coal mines; (zzj) “tub” includes a wagon, car, truck or any other vehicle moving on rail(s) for conveying materials; (zzk) “ventilation district” means such part of a mine belowground as has an independent intake airway commencing from a main intake airway, and an independent return airway terminating at a main return airway, and, in the case of a mine or part thereof which is ventilated by natural means, the whole mine or part; (zzl) “working” means any excavation made or being made in a mine for search of or obtaining coal; (zzm) “working place” means any place in a mine to which any person has lawful access. (2) Words and expressions used in these regulations and not defined herein but defined in the Act shall have the meanings respectively assigned to them under the Act. CHAPTER II RETURNS, NOTICES AND RECORDS 3. Notice of opening.- (1) The notice for commencement of any mining operation under section 16 of the Act shall be submitted in the Form and method as may be specified by the Chief Inspector for the purpose, accompanied by a plan showing the boundaries of the mine and the shafts or openings of the mine, tri- junction or revenue pillars and other prominent and permanent surface features to the Chief Inspector and a copy thereof to the Regional Inspector:
- 224. 164 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided that in case of change in the boundary of a mine under regulations 121 and 122, a plan showing the new boundary shall be submitted within seven days of the said change. (2) The notice referred to in sub-regulation (1) shall be accompanied by,- (a) a copy of the surface plan prepared under clause (a) of sub-regulation (1) of regulation 65; (b) a copy of Safety Management Plan prepared under regulation 104: Provided that in respect of a mine which has already been opened, the plan referred to in clauses (a) and (b) shall be submitted within sixty days and one year respectively of coming into force of these regulations. (3) When a mine has been opened, the owner, agent or manager shall forthwith communicate the actual date of opening to the Chief Inspector, the Regional Inspector and to the District Magistrate. 4. Annual returns.- (1) On or before 1st day of February in every year, the owner, agent or manager shall submit to the Chief Inspector,the Regional Inspectorand to the District Magistrate annual returns in respect of the preceding year in the Form and method as may be specified by the Chief Inspector for the purpose. (2) If a mine is abandoned or closed or workings thereof is discontinued over a period exceeding sixty days or if a change occurs in the ownership of a mine, the returns required under sub-regulation (1) shall be submitted within thirty days of such abandonment or closure or change of ownership or within ninety days of discontinuance, as the case may be. 5. Notice of abandonment, closure or discontinuance.- (1) When it is intended to abandon or close a mine or seam or to discontinue workings thereof for a period exceeding sixty days, the owner, agent or manager shall give a notice in the Form and method as may be specified by the Chief Inspector for the purpose, to the Chief Inspector, the Regional Inspector and to the District Magistrate stating the reasons for such abandonment, closure or discontinuance and the number of persons likely to be affected thereby, not less than thirty days before such abandonment or discontinuance: Provided that when on account of unforeseen circumstances a mine is abandoned, closed or discontinued before the said notice has been given or without previous intention the discontinuance extends beyond a period of sixty days, the notice shall be given forthwith. (2) Notwithstanding anything contained in sub-regulation (1), when it is intended to abandon, close or discontinue for more than sixty days any working belowground over which is situated any property vested in the Government or any local authority or any railway or any building or permanent structure not belonging to the owner, the owner, agent or manager shall, not less than thirty days before the date of such abandonment, closure or discontinuance give notice of his intention to the Chief Inspector and the Regional Inspector. (3) When a mine or seam has been abandoned, closed or the workings thereof has been discontinued over a period exceeding sixty days, the owner, agent or manager shall, within seven days of the abandonment, closure or expiry of the said period of discontinuance, give to the Chief Inspector, the Regional Inspector and to the District Magistrate, notice in the Form and method as may be specified by the Chief Inspector for the purpose. 6. Notice of reopening.- (1) When it is intended to reopen a mine or seam after abandonment, closure or discontinuance for a period exceeding sixty days, the owner, agent or manager shall, not less than thirty days before resumption of mining operations, give to the Chief Inspector, the Regional Inspector and to the District Magistrate notice in the Form and method as may be specified by the Chief Inspector for the purpose. (2) When a mine has been reopened, the owner, agent or manager of the mine shall forthwith communicate the actual date of the reopening to the Chief Inspector, the Regional Inspector and to the District Magistrate. 7. Notice of change in ownership and appointment of agent, manager, etc.- (1) When a change occurs in the name or ownership of a mine or in the address of the owner, the owner, agent or manager shall, within seven days from the date of the change, give to the Chief Inspector and the Regional Inspector a notice in the Form and method as may be specified by the Chief Inspector for the purpose:
- 225. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 165 Provided that where the owner of a mine is a firm or other association of individuals, a change – (i) of any partner in the case of a firm; (ii) of any member in the case of an association; (iii) of any director in the case of a public company; or (iv) of any shareholder in the case of a private company, shall also be intimated to the Chief Inspector and the Regional Inspector, within seven days from the date of the change. (2) When the ownership of a mine is transferred, the previous owner or his agent shall make over to the new owner or his agent, within a period of seven days of the transfer of ownership, all plans, sections, reports, registers and other records maintained in pursuance of the Act and of the regulations, or orders made thereunder, and all correspondence relating to the working of the mine relevant thereto; and when the requirements of this clause have been duly complied with, both the previous and the new owners or their respective agents shall forthwith inform the Chief Inspector and the Regional Inspector in writing. (3) When any appointment is made of an agent, manager, engineer, surveyor, ventilation officer, safety officer, or assistant manager or when the employment of any such person is terminated or any such person leaves the said employment, or when any change occurs in the address of any agent or manager, the owner, agent or manager shall, within seven days from the date of such appointment, termination or change, give to the Chief Inspector and the Regional Inspector a notice in the Form and method as may be specified by the Chief Inspector for the purpose. (4) The owner of a mine shall submit in writing to the Chief Inspector and the Regional Inspector, a statement showing the name and designation of every person authorised to act on behalf of the owner in respect of management, control, supervision or direction of the mine. (5) The statement referred to in sub-regulation (4) shall state the responsibilities of every such person and the matters in respect of which he is authorised to act on behalf of the owner. (6) Every person referred to in sub-regulation (4) shall be an agent for the mine or group of mines, as the case may be, in respect of the responsibilities as specified in the statement referred therein. (7) Any change, addition or alteration in the names or other particulars of the statement referred to in sub- regulation (4) shall be reported in writing to the Chief Inspector and Regional Inspector within seven days from the date of change, addition or alteration. 8. Notice of dangerous occurrence or accident.- (1) When there occurs in or about a mine, (a) an accident causing loss of life or serious bodily injury in connection with any mining operation; or (b) a readily identifiable event with potential to cause an injury to persons at work, hereinafter referred to as “dangerous occurrence”, such as – (i) an explosion or ignition; (ii) a spontaneous heating or outbreak of fire, or appearance of smoke, or other indication of heating or outbreak of fire; (iii) fire in any part of workings or in any machinery; (iv) fall from height of any excavation, loading or transport machinery; (v) bursting of equipment under pressure; (vi) an influx of inflammable or noxious gases; (vii) an irruption or inrush of water or other liquid matter; (viii) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a ‘bump’) in working below ground; (ix) a premature collapse of any part of the working; (x) any accident due to explosives; (xi) a breakage or fracture of rope, chain, headgear, pulley or axle or bearing thereof, or other gear by which persons or materials are lowered or raised;
- 226. 166 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (xii) an over winding of cages or other means of conveyance while men or materials are being lowered or raised; (xiii) a breakage or fracture of an essential part of winding engine, crankshaft, coupling, bearing, gearing, clutch, drum or drum shaft, or failure of emergency brake; (xiv) a bursting of any equipment containing steam, compressed air or other substance at high pressure; (xv) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered; (xvi) a slide causing injury to any person, damage to any machinery, or interruption of normal mining operations; (xvii) failure of dump or side in opencast working; (xviii)a failure of any structure or installation whereby the safety of persons may be endangered; or (xix) spark generated due to electrical flash-over causing burn injury to any person, the owner, agent or manager shall forthwith inform the Regional Inspector about the occurrence by telephone, fax, e-mail or by special messenger; and shall also, within twenty-four hours of every such occurrence, give notice thereof in the Form and method as may be specified by the Chief Inspector for the purpose, to the District Magistrate, the Chief Inspector and the Regional Inspector and in the case of an accident mentioned in clause (a), also to the Competent Authority for payment of compensation: Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter. (2) The owner, agent or manager shall simultaneously exhibit a copy of the notice referred to in sub- regulation (1) on a special notice board at the office of the mine for a period of not less than fourteen days from the date of such exhibition. (3) When an accident causing loss of life, serious bodily injury or burn injury occurs in or about a mine in connection with the generation, storage, transformation, transmission, supply or use of electrical energy, the owner, agent or manager shall also forthwith inform the Inspector of Mines (Electrical) by telephone, fax, e-mail or by special messenger: Provided that in case such notice is sent by e-mail, it shall be immediately followed by fax or letter. (4) If death results from any injury already reported as serious under sub-regulation (1) or if an injury other than the serious injury becomes serious, the owner, agent or manager shall within twenty-four hours of his being informed of the same, give notice thereof to the District Magistrate, the Chief Inspector, the Regional Inspector and to the Competent Authority for payment of compensation and, if such death or injury is connected with any reason as specified under sub-regulation (3), also to the Inspector of Mines (Electrical). (5) In respect of every persons killed or injured as above, the owner, agent or manager shall send particulars in the Form and method as may be specified by the Chief Inspector for the purpose, within seven days of the occurrence, and also within fifteen days of the injured person returning to duty. 9. Notice of disease.- Where any person employed in a mine contracts any disease notified by the Central Government in the Official Gazette under section 25 of the Act, the owner, agent or manager shall within three days of his being informed of the disease, give notice thereof in the Form and method as may be specified by the Chief Inspector for the purpose, to the Chief Inspector, the Regional Inspector, the Inspector of Mines (Medical), the District Magistrate, and to the Competent Authority for payment of compensation. CHAPTER III EXAMINATION AND CERTIFICATES OF COMPETENCY AND OF FITNESS 10. Board of Mining Examination.- (1) For the purpose of these regulations, there shall be constituted a Board of Mining Examination (hereinafter referred to as ‘the Board’). (2) The Board shall consist of the Chief Inspector, who shall be its Chairman (ex officio), and five members possessing degree in mining engineering; with
- 227. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 167 (a) first class Manager’s Certificate granted under regulation 11; or (b) practical experience of not less than two years in management, control, supervision and direction of a coal mine or part thereof; or (c) service in an institution imparting education in mining engineering at the degree or equivalent level; or (d) engagement in mining research or planning, to be appointed by the Central Government: Provided that the Board shall be so constituted that it shall include at least three members possessing qualifications laid down in clauses (a) and (b) and at least one member possessing qualifications laid down either in clause (c) or in clause (d). (3) Every member of the Board other than its Chairman shall hold office for a period of three years from the date of appointment, or until his successor is appointed, whichever is later: Provided that,– (i) a member may at any time resign his office by a notice in writing addressed to the Chairman; (ii) a member appointed under clause (c) of sub-regulation (2) shall cease to hold office upon his ceasing to serve in any such institution, as is referred to in that clause; (iii) a person appointed to fill a vacancy caused by reason of the death, resignation, or by reason of cessation of office under sub-clause (ii) or otherwise, shall hold office for the remaining period for which such member would have, but for such reason, continued as member. (4) A person who holds, or who has held, office as member of the Board shall, subject to the other provisions of this regulation, be eligible for re-appointment to that office. (5) A member of the Board other than the Chairman shall receive such remuneration as the Central Government may fix. (6) An Inspector nominated in this behalf by the Chief Inspector shall act as the Secretary to the Board (hereinafter referred to in these regulations as the Secretary). (7) Notwithstanding anything contained in this regulation, the Central Government may, if satisfied that it is necessary to do so in the public interest, re-constitute the Board even though the term of office of all or any of the members thereof has not come to an end. (8) Meetings of the Board shall be held as and when the Chairman considers them necessary, and unless otherwise decided by the Chairman, all meetings of the Board shall be held at Dhanbad. (9) (a) For every meeting of the Board, not less than ten clear days prior notice intimating the time and place of the proposed meeting and signed by the Chairman or the Secretary shall be given to each member who is not absent from India. (b) Such notice shall be delivered at, or posted to the usual place of residence of the member, and each such notice shall be accompanied by a list of items of business to be disposed off at that meeting. (c) Notwithstanding anything contained in clauses (a) and (b), in cases of urgency, an emergent meeting may be called for by the Chairman at any time by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting. (10) (a) The Chairman shall preside at every meeting of the Board. (b) If the Chairman is absent for any reason, members present shall elect one from among themselves to preside over the meeting; and the member so elected shall, for the purposes of that meeting, have all powers of the Chairman. (11) No business shall be transacted at a meeting of the Board unless at least three members, including the Chairman, are present: Provided that if at any meeting there is no quorum as aforesaid, the meeting shall automatically stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day
- 228. 168 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] and the time, place and agenda for the adjourned meeting shall remain unchanged, and it shall thereupon be lawful to dispose off the business at such meeting, irrespective of the number of members attending. (12) (a) All matters which the Board is required to consider shall be considered at its meeting, or if the Chairman so decides, by circulation of the papers, to every member who is not absent from India. (b) When any matter is referred to by circulation of paper under clause (a), any member may request that it should be considered at a meeting of the Board, and the Chairman may direct that it shall be so considered but when two or more members so request, the Chairman shall direct that the matter shall be so considered at a meeting to be held. (13) (a) The Secretary shall place before the Board a list of business to be transacted at the meeting. (b) No business which is not included in such list shall be considered unless the Chairman permits. (14) (a) Every matter at a meeting shall be decided by the majority of votes of the members present at such meeting. (b) Every matter referred to the members by circulation under sub-regulation (12) shall be decided by the majority opinion of the members to whom the papers were circulated, unless the Chairman reserves it for consideration at a regular meeting to be held later. (c) In case of equal division of votes or opinions of the members, the Chairman shall have a casting vote or opinion. (15) (a) The Secretary shall record the minutes of each meeting in a bound-paged book kept for the purpose and copies of such minutes of meeting shall be circulated to all members present in India. (b) The minutes so recorded shall be confirmed at the next meeting of the Board and signed by the Chairman in token thereof. (16) (a) The Chairman, in addition to any other power and duties conferred upon him under these regulations, shall- (i) present all important papers and matters to the Board as early as possible; (ii) issue orders for carrying out the decisions of the Board; (iii) have power to refer, in his discretion, any matter to the Central Government for their orders; and (iv) have powers generally to take such action or pass such orders necessary to implement the decisions of the Board. (b) The Chairman may, during his temporary absence by reason of leave or otherwise, authorise any member of the Board to perform all or any of duties of the Chairman during such absence. (c) Unless the Chairman otherwise directs, all proceedings of the Board shall be conducted in- camera and be regarded as confidential. 11. Certificate granted by Board.- (1) The certificates specified in sub-regulation (2) shall be granted by the Board. (2) Certificate granted by the Board shall be valid throughout the territories to which these regulations extend, and shall be of the following kinds, namely: – a) Manager’s first class certificate of competency to manage a coal mine (hereinafter referred to as a First Class Manager’s Certificate); b) Manager’s second class certificate of competency to manage a coal mine (hereinafter referred to as a Second Class Manager’s Certificate); c) Surveyor’s certificate of competency to survey the working of a mine (hereinafter referred to as a Surveyor’s Certificate); d) Overman’s certificate of competency to carry out inspections and duties as required under these regulations (hereinafter referred to as an Overman’s Certificate);
- 229. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 169 e) Sirdar’s Certificate of competency to carry out inspections and duties as required under these regulations (hereinafter referred to as a Sirdar’s Certificate); f) Winding engineman’s certificate (hereinafter referred to as a Engine Driver’s Certificate) to drive a winding engine of any type or class; and g) Certificate of competency to test for the presence of inflammable gas (hereinafter referred to as a Gas Testing Certificate): Provided that any of the certificates aforesaid, other than an Engine Driver’s Certificate and a Gas Testing Certificate, may be restricted to mines having opencast working only, and this fact shall be endorsed on the certificate. 12. Examinations and examiners.- (1) Certificate shall be granted to candidates after such examinations and in such form as the Board may specify: Provided that the Board may, subject to the conditions specified in bye-laws, exempt any person from appearing at the examination or part thereof for the grant of a certificate referred to in regulation 11. (2) The examination shall be held at such times and at such centres as may be fixed by the Board, and shall be conducted by examiners appointed by the Board. (3) The examiners referred to in sub-regulation (2) shall be subject to the orders of the Board in respect of all matters relating to the conduct of the examinations, and shall receive such remuneration as the Board, with the sanction of the Central Government, may fix. (4) The Board may make bye-laws as to the procedure for, and the conduct of the examinations and as to the granting of certificate of competency and of fitness as required under these regulations, and shall so far as may be practicable, provide that the standard of knowledge required for the grant of certificates of any particular class and the standard of medical fitness shall be uniform throughout the territories to which these regulations extend: Provided that the Board may take decision on any matter, not specified under the bye-laws, which may be brought to it for disposal. 13. Submission of application.- (1) Application for an examination conducted by the Board shall be made to the Board not less than sixty days prior to the date fixed for the examination in a manner and on a form specified for the purpose. (2) Notice regarding the date and place of the examination for the Manager’s Certificate, Surveyor’s Certificate and Overman’s Certificates shall be published under the order of the Board in such periodicals or by any other means as the Board may direct, not less than sixty days prior to the date fixed by the Board for receiving applications. 14. Age limit and general qualifications of candidates.- (1) No person shall be admitted as a candidate at any examination held by the Board unless he is twenty years of age. (2) No person shall be admitted as a candidate at any examination for a Manager’s Certificate, Surveyor’s Certificate, Overman’s Certificate or Sirdar’s Certificate unless he holds a valid first-aid certificate of the St. John Ambulance Association (India) or any other equivalent standard as may be specified by the Chief Inspector. (3) Every application for any examination as aforesaid shall be accompanied by,- (i) a certificate of age verified by a Gazetted Officer of the Government or by the headmaster of a recognised school of a higher secondary or equivalent standard: Provided that in the case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted as evidence of age; (ii) a medical certificate obtained not more than one year prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon or from a medical practitioner holding at least a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.) and registered with Medical Council of India, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficiency of his work; and
- 230. 170 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (iii) a certificate from some person of good repute as to the general good conduct and sobriety of the candidate. (4) No person shall be admitted as a candidate to any examination for Manager’s Certificate, Surveyor’s Certificate, Overman’s Certificate or Sirdar’s Certificate, unless he has passed the senior secondary school examination or intermediate examination or its equivalent from a recognised Board or University or passed a Diploma or Degree in Engineering or other equivalent qualifications approved in that behalf by the Central Government, and for an Engine Driver’s Certificate unless he satisfies the Board that he is literate. (5) (a) No person shall be admitted as a candidate at any examination for a Manager’s or an Overman’s Certificate, which is not restricted to mines having opencast working only, unless he has obtained at least a Sirdar’s Certificate, which is not restricted to mines having opencast working only and a Gas Testing Certificate; and (b) no person shall be admitted as a candidate at an examination for Manager’s Certificate or Overman’s Certificate restricted to mines having opencast working only, unless he has obtained at least a Sirdar’s Certificate: Provided that the Board may, subject to the conditions specified in bye-laws, exempt any person from the stipulations of the above sub-regulation. 15. Practical experience of candidates for Manager’s Certificate examination.- (1) No person shall be admitted as a candidate at any examination for a First or Second Class Manager’s Certificate other than an exchange Certificate to which the provisions of regulation 21 apply, unless the Board is satisfied that he has had practical experience in coal mine as prescribed under sub-regulation (2) for a period of not less than six and five years respectively: Provided that a candidate- (a) who has received a diploma in mining or mining engineering or other equivalent qualification approved in that behalf by the Central Government, such period of experience shall be reduced to five and four years respectively; and (b) who has passed a degree in mining engineering or other equivalent qualification approved in that behalf by the Central Government, such period shall be reduced to two years for First Class Manager’s Certificate; Provided further that the experience referred to in this sub-regulation shall be the experience obtained after acquiring the relevant academic qualification. (2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details of the practical experience required for Manager’s Certificate. 16. Practical experience of candidates for Surveyor’s Certificate examination.- No person shall be admitted as a candidate at any examination for a Surveyor’s Certificate unless he has satisfied the Board that he has had not less than two years’ practical experience of surveying of a type the Board may specify, subject to the conditions laid down in bye-laws. Provided that such period shall be reduced to six months in the case of a candidate who has attended classes in theoretical and practical surveying at any educational institution approved by the Board subject to the conditions laid down in bye-laws. 17. Practical experience of candidate for Sirdar’s Certificate examination.- (1) No person shall be admitted as a candidate at any examination for a Sirdar’s Certificate unless the Board is satisfied that he has had practical experience and training in a coal mine for a period of not less than three years: Provided that such period shall be reduced to a period of one year in the case of a candidate who has received a diploma or certificate in scientific and mining training after a course of at least two years at an educational institution, or who has taken a degree in scientific and mining subject at a university, approved in that behalf by the Board subject to the conditions laid down in bye-laws. (2) The Board may specify, subject to the conditions laid down in bye-laws, the nature and other details of the practical experience required for Sirdar’s Certificate.
- 231. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 171 18. Practical experience of candidate for Engine Driver’s Certificate.- No person shall be admitted as a candidate at any examination for an Engine Driver’s Certificate unless the Board is satisfied that he has had practical experience of driving a winding engine or as an assistant to a qualified winding engine driver for a period of at least one year. 19. Number of attempts at examination.– No person shall be admitted for examination for a particular certificate beyond seven attempts from the date of coming into force of these regulations. 20. Fees for grant of Certificates.- (1) Fees to be paid in respect of every application for the grant of a certificate shall be prescribed by the Board, subject to the conditions laid down in bye-laws. (2) The fee once paid shall not be refundable except where the candidate has died before the examination for grant of a certificate or where fee has been erroneously paid. 21. Exchange Certificate.- (1) The Board may grant to any person, holding a Manager’s Certificate, Surveyor’s Certificate, Engine Driver’s Certificate, Foreman’s Certificate or Mate’s Certificate granted under any law for the regulation of mines in force in any other country or under the Metalliferous Mines Regulations, 1961 or its amended version made under the Act, a corresponding certificate of a similar class under these regulations, if he possesses such qualification and experience and passes such examination as the Board may stipulate, subject to the conditions specified in bye-laws. Provided that the Board may, subject to the conditions laid down in bye-laws, exempt any person from appearing at the examination or part thereof for the grant of an Exchange Certificate. (2) Every application for the grant of an Exchange Certificate under sub-regulation (1) shall be accompanied by,- (i) a medical certificate obtained not more than one year prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon or from a medical practitioner holding at least a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.) and registered with Medical Council of India, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficiency of his work; and (ii)a certificate from some person of good repute as to the general good conduct and sobriety of the candidate: Provided that in the case of a Manager’s Certificate, the candidate shall possess practical training in India in the mines, for a period of not less than six months in such manner as may be specified by the Board subject to the conditions laid down in bye-laws. (3) Fees on the scale laid down in regulation 20 shall be paid in respect of every examination under this regulation. 22. Duplicate Certificate.- If any person proves to the satisfaction of the Board that he has, without any fault on his part, lost or been deprived of a certificate granted to him under these regulations, the Board may upon realisation of the fee prescribed under sub-regulation (1) of regulation 20 and subject to the conditions laid down in bye-laws, cause a copy of the certificate to be delivered to him and the word “DUPLICATE” shall be stamped across every such copy. 23. Certificate to be delivered to the manager.– (1) When the holder of an Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s Certificate and Gas Testing Certificate is employed in a mine in a capacity which requires the possession of the said certificate, he shall deliver such certificate to the manager of the mine in which he is for the time being employed. (2) The manager shall deliver to such person a receipt for the same, and shall retain the certificate in the office at the mine so long as the holder thereof is so employed, and shall return it to the holder on his ceasing to be so employed. 24. Suspension or cancellation of Manager’s Certificate, Surveyor’s Certificate, Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s Certificate or Gas Testing Certificate.- (1) If on the basis of a report of the Inspector, the Regional Inspector is of the opinion that the holder of a Manager’s Certificate, Surveyor’s Certificate, Overman’s Certificate, Sirdar’s Certificate, Engine Driver’s Certificate or Gas Testing Certificate is incompetent or is guilty of negligence or misconduct in the performance of his duties under the Act or under these regulations, he shall bring the matter to the notice of the Board.
- 232. 172 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (2) The Board may, on the report of the Regional Inspector under sub-regulation (1), authorise an Inspector, not below the rank of the Inspector whose report formed the basis of the said opinion, to hold an enquiry in accordance with the procedure laid down in bye-laws, to determine whether or not such a person (hereinafter referred to as the delinquent) is fit to continue to hold such certificate. Provided that the Board shall, before the enquiry, furnish to the delinquent a statement of the case on which the enquiry is instituted. (3) The Inspector who conducted the enquiry shall, within fifteen days from the date of conclusion of his enquiry, send a report to the Board together with his findings, the notes of evidence recorded during the enquiry and other relevant records. (4) Copies of the notes of evidence and the findings of the Inspector who conducted the enquiry shall also be sent to the delinquent who may submit his written representation to the Board within thirty days from the date of dispatch of such copies. (5) The Board may, after considering the evidence and other records and the written representation, if any, submitted by the delinquent, either cause further enquiry to be made in the case and thereupon or otherwise, either exonerate the delinquent of the charges against him or suspend or cancel the certificate, as it deems fit. (6) An appeal shall lie against any order of the Board under this regulation before the Central Government within thirty days of such order. (7) Where a certificate is suspended or cancelled under this regulation suitable endorsement may be made on such certificate or a duplicate thereof issued under regulation 22. 25. Validity of certificate for managers and officials, etc.- (1) No person shall act as a manager or an official or a winding engineman in a mine after attaining the age of sixty years unless he has obtained, within the preceding one year, a medical certificate of fitness certifying him fit to carry out the duties prescribed for him in the Act and in these regulations and orders made thereunder: Provided that if the Chief Inspector or the Regional Inspector is of the opinion that a person as aforesaid, though less than sixty years of age, is medically unfit to carry on the duties assigned to him in the Act and in these regulations and orders made thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing, require such person to obtain a medical certificate of fitness within such period, not exceeding three months, as he may specify therein; and no such person shall continue to act in any capacity as aforesaid after the period so specified unless he has obtained a medical certificate of fitness. (2) The medical certificate of fitness as aforesaid shall be obtained from such authority and in such form and manner as the Board may specify subject to the conditions laid down in bye-laws. (3) Notwithstanding anything contained in sub-regulation (1), no person shall act as manager or an official or a winding engineman in a mine after attaining the age of seventy years. CHAPTER IV INSPECTORS AND MINE OFFICIALS 26. Qualifications of Inspectors.- (1) No person shall be appointed as Chief Inspector unless he holds a degree in mining engineering of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation 11. (2) No person shall be appointed as an Inspector unless he holds a degree in mining engineering of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under regulation 11: Provided that – (i) in relation to electrical machinery installed in mines, a person holding a degree in electrical engineering of an educational institution approved by the Central Government may be so appointed;
- 233. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 173 (ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a degree in mechanical engineering of an educational institution approved by the Central Government may be so appointed, and (iii) in relation to the provisions of the Act and of the rules and regulations which relate to matters concerning the health and welfare of persons, a person holding a degree in Bachelor of Medicines and Bachelor of Surgery (M.B.B.S.) or such other qualification as may be prescribed, of an educational institution approved by the Central Government or a person holding such other qualifications as the Central Government may approve in this behalf, may be so appointed. 27. Qualification and appointment of manager.– (1) No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly appointed and having such qualifications as required under this regulation. (2) No person shall act or be employed as a manager unless he has attained 23 years of age and is paid by, and is directly answerable to the owner or agent of the mine. (3) Subject to the provisions of sub-regulation (4), no person shall act or continue to act, or be appointed, as manager of a mine or mines the average output of which corresponds to the figures given in column (i) of the table below unless he holds the corresponding qualifications given in column (ii) thereof: (i) (ii) For belowground mines: (a) In excess of 2,500 tonnes per month (b) Not exceeding 2,500 tonnes per month. A First Class Manager’s Certificate not restricted to opencast mines only. A First Class Manager’s Certificate or Second Class Manager’s Certificate not restricted to opencast mines only. For opencast mines: (c) In excess of 20,000 cubic metre per months of material handled (d) Not exceeding 20,000 cubic metre material handled per month A First Class Manager’s Certificate. A First Class Manager’s Certificate or Second Class Manager’s Certificate: Provided that in respect of a mine having both opencast and underground workings, a person holding First Class Manager’s Certificate not restricted to opencast mines shall only be appointed as the manager of the mine irrespective of production: Provided further that where special conditions exist, the Chief Inspector may, by an order in writing, permit appointment of manager in a mine in variance with the above. (4) Where under the provisions of sub-regulation (3) a person holding a First Class Manager’s Certificate or Second Class Manager’s Certificate has been appointed as manager, a person holding lower qualifications shall not, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be so appointed during the succeeding twelve months, notwithstanding any reduction in the average output of the mine. (5) No person shall act, or be appointed, as manager of more than one mine except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein: Provided that no such permission shall have effect for a period exceeding twelve months, unless renewed: Provided further that the Chief Inspector may at any time, by an order in writing, vary or revoke any such permission if the circumstances under which the permission was granted, have altered or the Chief Inspector finds that the manager has not been able to exercise effective supervision in the mines under his charge.
- 234. 174 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (6) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder, the owner, agent or manager shall authorise in writing a person whom he considers competent, to act as manager of the mine: Provided that – (i) such person holds a Manager’s Certificate; (ii) no such authorisation shall have effect for a period in excess of thirty days, except with the previous consent in writing of the Chief Inspector and subject to such conditions as he may specify therein; (iii) the owner, agent or manager, as the case may be, shall forthwith send by registered post, speed post or fax to the Regional Inspector a written notice intimating that such an authorisation has been made, and stating the reason for the authorisation, the qualifications and experience of the person authorised, and the date of the commencement and ending of the authorisation; and (iv) the Chief Inspector or the Regional Inspector may, except in the case of a person possessing the qualifications specified in sub-regulation (3), by an order in writing, revoke any authority so granted. (7) The persons so authorised to act as manager under sub-regulation (6) shall, during the period of such authorisation, have the same responsibilities, discharge the same duties, and be subject to the same liabilities as the manager. (8) No manager shall vacate his office without giving due notice in writing to the owner or agent at least thirty days before the day on which he wishes to vacate his office: Provided that the owner or agent may permit the manager to vacate his office after giving a shorter notice. (9) No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved by a duly qualified person as specified under sub-regulation (3). (10) Nothing in sub-regulation (6)shall confer on the owner, agent or manager the right to authorise any person not duly qualified to manage the mine under sub-regulation (3) to act as the manager except in case of illness or other cause over which the manager has no control, or except with the previous written permission of the Chief Inspector and subject to such conditions as he may specify therein: Provided that the Chief Inspector shall not permit any such authorisation for a period exceeding sixty days from the date on which the mine is worked without a manager duly qualified under sub- regulation (3). (11) The owner or agent shall provide suitable residential accommodation for the manager and the assistant manager within a distance of five kilometers from all mine openings, and every manager, and assistant manager shall reside in the accommodation so provided: Provided that where special difficulties exist which render compliance with these provisions not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the same. (12) No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any work, which may necessitate his frequent or prolonged absence from the mine. (13) If any doubt arises as to any matter under sub-regulation (11) or sub-regulation (12), it shall be referred to the Chief Inspector for decision. (14) Except as hereinafter provided in sub-regulation (5), no manager shall act as manager or in any other capacity in another mine. 28. Charge report of managers.- When there is a change of manager of any mine, the outgoing manager shall hand over to the incoming manager, a charge report in a format as may be specified by the Chief Inspector, by a general or special order and the charge report shall be signed by both the outgoing and incoming managers and a copy of the charge report shall be sent to the Regional Inspector.
- 235. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 175 29. Qualification and appointment of safety officer.- In every belowground mine the average monthly output of which exceeds 5,000 tonnes or in every opencast mine the average monthly material handled of which exceeds 20,000 cubic metre, the manager shall be assisted in the work of promoting safe practices in the mine by a safety officer who shall be a person holding the following qualifications, namely:- (a) in the case of a belowground mine having an average monthly output in excess of 15,000 tonnes, a First Class Manager’s Certificate not restricted to opencast mines only; (b) in case of a mine having opencast workings with an average monthly material handled in excess of 50,000 cubic metre, a First Class Manager’s Certificate; (c) in case of a belowground mine having an average monthly output in excess of 10,000 tonnes, but not exceeding 15,000 tonnes, a First Class Manager’s Certificate or Second Class Manager’s Certificate not restricted to opencast mines only; (d) in case of a mine with opencast workings having an average monthly material handled in excess of 20,000 cubic metre but not exceeding 50,000 cubic metre, a First Class Manager’s Certificate or Second Class Manager’s Certificate; (e) in the case of a belowground mine having an average monthly output in excess of 5,000 tonnes but not exceeding 10,000 tonnes, holder of a First Class Manager’s Certificate or Second Class Manager’s Certificate not restricted to opencast mines only, or a degree or diploma in Mining or Mining Engineering approved by the Central Government: Provided that where special conditions exist, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of a safety officer in variation of these provisions: Provided further that where the Chief Inspector is of the opinion that, due to the large size of a mine, or due to other conditions existing at a mine, it is not possible for the safety officer to attend to his duties by himself, he may, by an order in writing and for reasons to be recorded therein, require the appointment of such number of persons holding such qualifications as he may specify in the order, to assist the safety officer. 30. Appointment of assistant manager.- In every mine, the manager shall be assisted by assistant managers on the scale as may be specified by the Board. Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of assistant managers. 31. Qualification and appointment of ventilation officer.- In every belowground mine consisting of gassy seams of first degree, the average output of which exceeds 5,000 tonnes or of second or third degree the average output of which exceeds 2,500 tonnes, the manager shall be assisted in the work of supervising the maintenance of ventilation system of the mine in accordance with the provisions of these regulations by a ventilation officer who shall be a person holding the following qualifications, namely:- (a) in the case of a mine consisting of gassy seams of first degree and having an average output in excess of 15,000 tonnes or a mine consisting of gassy seams of second or third degree and having an average output in excess of 10,000 tonnes, a Manager’s Certificate not restricted to open cast mines only; and (b) in every other case, a Manager’s Certificate not restricted to opencast mines only or a Degree or Diploma in Mining or Mining Engineering recognised by the Central Government: Provided that where special conditions exist, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of a ventilation officer in variance of these provisions or require the appointment of such number of persons to assist the ventilation officer, as may be specified in the order: Provided further that in the case of a mine consisting of gassy seams of first degree and having an average output less than 15,000 tonnes, the Chief Inspector may, considering the nature and extent of workings therein, permit, by an order in writing and subject to such conditions as he may specify therein, combine the post of ventilation officer with that of safety officer appointed under regulation 29.
- 236. 176 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Explanation.- For the purposes of this regulation the expression “average output” means the average per month of the total output during the preceding financial year from the belowground working of all seams: Provided that where the mine consists of gassy seams of different degrees, the aforementioned average output shall be deemed to be from the seam or seams of the highest degree of gassiness. 32. Appointment of engineers.– (1) At every mine where machinery is used, an engineer holding a degree or diploma in mechanical engineering, electrical engineering, mining machinery or equivalent qualification as may be recognised by the Central Government, shall be appointed to hold general charge of such machinery, and to be responsible for its installation, maintenance and safe working, who shall be subordinate to manager: Provided that where electrical energy exceeding 650 volts is used and the installed capacity of all electrical equipment is 1.5 MVA and above, an engineer holding a degree or diploma in electrical engineering or equivalent qualification as may be recognised by the Central Government, shall be appointed to hold charge of all the electrical equipment installed at the mine in addition to that specified above: Provided further that in case of opencast mines worked by heavy earth moving machinery or in any mechanised mine having belowground workings, in which the aggregate horse power of all the machinery used exceeds 1500, a person holding a degree or diploma in mechanical engineering, mining machinery or equivalent qualification as may be recognised by the Central Government, shall also be appointed to hold charge of all the mechanical equipment installed at the mine in addition to that specified above: Provided also that nothing in this sub-regulation shall be deemed to prohibit the employment of two or more engineers at one mine so long as the jurisdiction and sphere of responsibility of every such engineer is defined by the manager in writing. (2) Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in writing, specify any qualification in addition to those referred to in that sub-regulation in respect of a mine or class of mines, if having regard to the conditions existing in such mine or class of mines, he is satisfied that it is necessary to do so in the interests of safety. (3) No person shall act, or be appointed, as engineer of more than one mine except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein: Provided that no such permission shall have effect for a period exceeding twelve months, unless renewed: Provided further that the Chief Inspector may at any time, by an order in writing, vary or revoke any such permission, if the circumstances under which the permission was granted, have altered or the Chief Inspector finds that the engineer has not been able to exercise effective supervision in the mines under his charge. (4) Where by reason of temporary absence by any cause, the engineer, appointed under sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he considers competent to act in his place: Provided that – (a) notice of every such authorisation shall be sent to the Regional Inspector forthwith; (b) no such authorisation shall have effect for a period in excess of thirty days except with the previous written consent of the Regional Inspector and subject to such conditions as he may specify therein; and (c) the Regional Inspector may by an order in writing, revoke any authority so granted. 33. Appointment and qualifications of senior officials.- (1) At every mine, one or more overman shall be appointed to hold charge of the different districts of the mine on each working shift unless otherwise specified by the Regional Inspector. (2) The district assigned to an overman under sub-regulation (1) shall not be of such a size, nor shall any additional duties other than his duties under these regulations be such, as are likely to prevent him from carrying out in a thorough manner, the duties assigned to him under these regulations. (3) For the purposes of this regulation, every person employed as an official subordinate to the manager and superior to the Sirdar shall hold either a Manager’s Certificate or an Overman’s Certificate.
- 237. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 177 34. Appointment of surveyors.– (1) At every mine, one or more persons holding a Surveyor’s Certificate shall be appointed to be the surveyor for carrying out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder. Provided that in case of mines having opencast workings only, nothing in this sub-regulation shall prohibit the appoint of one or more persons holding a Surveyor’s Certificate restricted to opencast mines only for carrying out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder. (2) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same mine, without the previous permission in writing of the Chief Inspector and subject to such conditions as may be specified therein. (3) The number of surveyors required to be appointed shall be on the scale as may be specified by the Board: Provided that in specific cases, the Chief Inspector may relax the requirement of the appointment of surveyors. (4) If a mine has more than one surveyor, each shall carry the duties and the responsibilities of the surveyor for the part or section of the mine to be assigned in writing by the owner, agent or manager: Provided that the owner, agent or manager shall appoint one of the surveyors to be responsible for the preparation and maintenance of the plans required to be prepared and maintained under these regulations who shall also be responsible for co-ordination and overall supervision of survey work in the mine. 35. Appointment of officials and competent persons.– (1) The owner, agent or manager shall appoint such number of competent persons, including officials and technicians as is sufficient to secure, during each of the working shifts – (i) adequate inspection of the mine and equipment thereof; (ii) a thorough supervision of all operations in the mine; (iii) the installation, running and maintenance, in safe working order, of all machinery in the mine; and (iv) the enforcement of the requirements of the Act and rules and regulations framed thereunder. (2) Without prejudice to the requirement of sub-regulation (1), where the mine is worked on more than one shift, the owner, agent or the manager shall arrange that during the afternoon shift and the night shift, the mine is under the general supervision of at least an assistant manager, and of an experienced overman in other cases. (3) It shall be the responsibility of the manager to see that the persons so appointed are competent to perform the duties assigned to them: Provided that no person shall be so appointed unless he is paid by the owner or agent and is answerable to the manager: Provided further that the Chief Inspector under special circumstances may vary the requirements of this sub-regulation by an order in writing. (4) Copies of all appointments made under sub-regulation (1) shall be entered in a bound-paged book kept for the purpose where a list of all such competent persons shall be maintained. (5) Without prejudice to the requirements of sub-regulation (3), every manager on taking over charge of a mine, shall satisfy himself that all persons already appointed under sub-regulation (1) are competent to perform the duties assigned to them; and if he finds them competent, he shall either countersign their authorisations or issue fresh ones. 36. General management.– (1) The owner, agent and manager shall provide for the safety and proper discipline of persons employed in the mine. (2) Except in a case of emergency, no person who is not an official or competent persons shall give, otherwise than through the manager, instructions to a person employed in a mine, who is responsible to the manager.
- 238. 178 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] CHAPTER V DUTIES AND RESPONSIBILITIES OF MINE MANAGEMENT, CONTRACTORS, MANUFACTURERS, OFFICIALS, COMPETENT PERSONS AND WORKMEN 37. Duties and responsibilities of owner.– (1) In taking preventive and protective measures, the owner shall arrange for regular assessment of the risk and dealing with it in the following order of priority:- (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk that include the design of safe work systems; and (d) in so far as the risk remains, provide for the use of personal protective equipment, having regard to what is reasonable, practicable and feasible, and to good practice and the exercise of due diligence. (2) Owners shall take all necessary measures to eliminate or minimize the risks to safety and health of persons employed in mines under their control and shall- (a) ensure that the mine is designed, constructed and provided with electrical, mechanical and other equipment, including a communication system, to provide conditions for safe operation and a healthy working environment; (b) ensure that the machine is commissioned, operated, maintained and de-commissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons; (c) take steps to maintain the stability of the ground in which persons have access in the context of their work; (d) where practicable, provide from every underground workplace, two exits each of which is connected to separate means of egress to the surface; (e) ensure the monitoring, assessment and regular inspection of the working environment to identify the various hazards to which the workers may be exposed and to assess their level of exposure; (f) ensure adequate ventilation for all underground working to which access is permitted; (g) in respect of zones susceptible to particular hazards, draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers; (h) take measures and precautions appropriate to the nature of a mine operation to prevent, detect and combat the start and spread of fires, explosions and inundations; (i) ensure that, when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location; (j) ensure that corrective actions are taken immediately, when manager or other officials report non-compliance with safety and health regulations or code of practice by any person. (3) The owner shall ensure preparation of an emergency response plan specific to each mine for reasonably foreseeable industrial and natural disasters. (4) Where workers are exposed to physical, chemical or biological hazards, the owner shall- (a) inform the workers, in a comprehensible manner, of the hazards associated with their work, the health risks involved and relevant preventive and protective measures; (b) take appropriate measures to eliminate or minimize the risks resulting from exposure to those hazards; (c) where adequate protection against risks of accident or injury to health including exposure to adverse conditions is not possible to be ensured by other means, provide and maintain at no cost to the worker, suitable protective equipment, clothing as necessary and other facilities as defined by these regulations; (d) provide workers who have suffered from an injury or illness at the workplace with first aid, appropriate transportation from the workplace and access to appropriate medical facilities.
- 239. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 179 (5) The owner shall ensure that- (a) adequate training and re-training programs and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned; (b) adequate supervision and control are provided in each shift to secure the safe operation of the mine; (c) a system is established so that the names of all persons who are employed belowground can be accurately known at any time, as well as their probable location; (d) all accidents and dangerous occurrences are investigated and appropriate remedial actions are taken; (e) the reporting of information and notices specified under regulation 8 is made to the Regional Inspector and to the Chief Inspector on accidents and dangerous occurrences. (6) The owner shall ensure regular health surveillance of workers exposed to occupational health hazards specific to mining operations. 38. General responsibilities of supplier, manufacturer and designer.- A person who designs, manufactures, imports, provides or transfers machinery, equipment or substances for use in coal mines, shall - (a) ensure that the machinery, equipment or substances do not entail dangers for the safety and health of those using them correctly; (b) make available- (i) information concerning their requirement for the correct installation, maintenance and use of machinery and equipment and the correct storage and use of substances; (ii) information concerning the hazards of machinery and equipment, the dangerous properties of hazardous substances and physical agents or products; and (iii) information on how to eliminate or control risks arising from the identified hazards associated with the products. 39. Responsibilities of contractor.– (1) A contractor deployed in a mine for any work shall- (a) establish effective ongoing communication and co-ordination between appropriate levels of supervisors, officials and senior officials of the mine prior to commencing work, which shall include provisions for identifying hazards and the measures to eliminate and control risks ; (b) ensure arrangements for reporting work related injuries and diseases, ill health and incidents among his workers while performing work inthe mine; (c) provide relevant workplace safety and health hazards awareness and training to their workers prior to commencing and as work progresses as necessary; and (d) ensure compliance of the provisions of the Act, and the rules and regulations framed thereunder. (2) When deploying contractors, the owner, agent and manager shall ensure that: (a) the same safety and training requirements apply to the contractors and their workers as to the workers of the establishment; (b) where required, only such contractors are deployed that have been duly registered or hold licenses; and (c) the contract specify safety and health requirements as well as sanctions and penalties in case of non-compliance and such contract shall include the right for mine officials to stop the work whenever a risk of serious injury is apparent and to suspend operations until the necessary remedies have been put in place. 40. Duties of person employed in mines.– (1) Every person shall strictly adhere to the provisions of the Act and of the rules and regulations made thereunder and to any order or direction issued by the manager or an official with a view to the safety or convenience of persons not being inconsistent with the Act, rules and these regulations; nor shall he neglect or refuse to obey such orders or directions.
- 240. 180 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (2) No person shall interfere with, impede or obstruct any person in the discharge of his duties, nor shall he offer or render any service, or use any threat, to any other person with a view to preventing him from complying with the provisions of the Act and of the rules and regulations made thereunder or from performing his duties faithfully. (3) Every person shall, immediately before proceeding to work and immediately after terminating work at the end of his shift, have his name recorded in the register maintained under sub-section (4) of section 48 of the Act: Provided that in case of workings belowground, the person shall get his name recorded every time he proceeds belowground or returns to the surface: Provided further that electronic punching or registry system as approved by the Chief Inspector may also be provided and used for the purpose of identification, marking attendance and recording the name of the person and a hard (printed) copy of such record shall be kept forthwith for the purpose of record in the aforesaid register or in any other format specified by the Chief Inspector. (4) Every person employed in a mine shall- (a) take reasonable care for their own safety and health and that of other persons who may be affected by their acts and omissions at work including the proper care and use of protective clothing, facilities and equipment placed at their disposal; (b) report forthwith to an official, any situation which he believes may pose a risk to hissafety or health or that of other persons, and which he may not be able to properly deal with himself; and (c) co-operate with the employer to permit compliance with the duties and responsibilities placed on the employer. (5) No person shall, except with the authority of an official, remove or pass through any fence, barrier or gate, or remove or pass any danger signal. (6) Subject to any directions that may be given by an official, no person shall, except for some justifiable purpose, go into any part of the mine other than that part in which he works, or travels to or from his working place by any roadway other than the proper traveling roadway. (7) No person shall sleep while on duty. (8) Subject to the provisions of the Act and of these regulations and orders made thereunder, no person shall remain in a mine beyond the period over which his shift extends. 41. Duties of competent person.- Every competent person shall be subject to orders of superior officials, and shall not – (a) depute another person to perform his work without the sanction of his superior official; (b) absent himself without having previously obtained permission from such official for the term of his absence or without having been relieved by a duly competent person; and (c) without permission from such official, perform during his shift any duties other than those for which he has been appointed. 42. Duties of officials.– (1) Every official shall carry out the duties assigned to him by the manager or assistant manager in accordance with the provisions of the Act and of these regulations and orders made thereunder. (2) Every official shall, to the best of his power, see that persons under his charge understand and carry out their respective duties properly. 43. Duties and responsibilities of manager.– (1) In every mine, daily personal supervision shall be exercised by the manager: Provided that in case of working belowground, he shall visit and examine the working on at least four days in every week to ensure safety in every respect: Provided further that at least one visit in every fortnight shall be made during the night shift:
- 241. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 181 Provided also that where owing to any unavoidable cause he is unable to carry out the aforesaid duties or inspections, he shall record the reasons for the same in the book kept under sub-regulation (2). (2) The manager shall maintain, in a bound paged book kept for the purpose, a diary; and shall record therein the result of each of his inspections and also the action taken by him to rectify the defects noticed, if any. (3) The manager shall make arrangements for all overmen and other officials to meet him or the assistant manager once in every working day for the purpose of conferring on them matters connected with their duties. (4) The manager shall ensure sufficient supply of proper materials and appliances for the safety of the mine and the persons employed therein; and if he be not the owner or agent of the mine, shall report in writing to the owner or agent, when anything is required for the aforesaid purpose that is not within the scope of his authority to order, and a copy of every such report shall be recorded in a bound-paged book kept for the purpose. (5) On receipt of a requisition under sub-regulation (4), the owner or agent shall promptly arrange to supply the said materials and appliances, and shall within three days of receipt of the requisition, intimate to the manager in writing the action taken to meet the requisition. (6) The manager shall assign to every competent person his particular duties and take all possible steps to ensure that every such person understands and carries out the provisions contained in the Act and the rules or regulations made thereunder in a proper manner. (7) The manager shall provide every overman with a tracing, upto the date of the last survey, showing the workings of the district belowground assigned to him and such tracing shall, where any work of reduction or extraction of pillars is being carried out, show clearly the reference of the permission and the manner in which such reduction or extraction is to be carried out: Provided that in case of opencast mines, such tracing shall also show the sections of the working under his charge. (8) The manager shall examine all reports, registers and other records required to be made or kept in pursuance of the provisions of the Act or of the regulations or orders made thereunder, and shall countersign the same with date: Provided that the manager may, by an order in writing, delegate this duty to an assistant manager except in cases where a specific provision is made requiring the manager to countersign a report or register. (9) The manager shall give attention to, and cause to be carefully investigated any specific representation or complaint that may be made to him in writing by an employee of the mine as to any matter affecting the safety or health of persons in or about the mine. (10) When there occurs in a mine any accident resulting in serious bodily injury or loss of life to any person or any dangerous occurrence, as specified under clause (b) of sub-regulation (1) of regulation 8, the manager shall, as soon as possible, inspect the site of the accident or the dangerous occurrence, as the case may be,and shall also,either himself or through an assistant manager, have an inquiry made into the cause and circumstances attending the same and the result of every such enquiry along with a plan and sections and, wherever practicable, a photograph or photographs of the site of the accident or dangerous occurrence showing details, shall be recorded in a bound paged book kept for the purpose and acopy thereof shall befurnished to the Chief Inspector and Regional Inspector within fifteen days of the accident. (11) The manager shall perform such other duties as have been prescribed in that behalf under the provisions of the Act, the regulations or orders made thereunder. (12) The manger may suspend or take such disciplinary action against any employee for contravention of any of the provisions of the Act or the regulations and orders made thereunder. 44. Duties of safety officer.– (1) The duties of the safety officer shall be- (a) to visit surface and underground parts of the mine with a view to meet the workers on the spot, to talk to them on matters of safety and invite suggestions thereon; (b) to take charge of the newly recruited staff and show them around the mine pointing out the safe and unsafe acts during the course of their work in the mine;
- 242. 182 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (c) to investigate all types of accidents and incidents in the mine including minor accidents and analyse the same with a view to pinpoint the nature and common causes of accidents in the mine; (d) to maintain detailed statistics about mine accidents and to analyse the same with a view to pinpoint the nature and common causes of the accidents in the mine; (e) to study and apprise the manager of all possible sources of danger such as inundation, fire, coal dust and others; (f) to hold safety classes and give safety talks and lectures to the members of the supervisory staff; (g) to organise safety weeks and other safety education and propaganda programmes in mine; (h) to see that all concerned mine employees are fully conversant with various standing orders (such as those relating to stoppage of mine mechanical ventilators and to the occurrence of a fire or other emergency in the mine), codes of practices and support plan; (i) to provide assistance in the formulation of programme for training at the mine level, including vocational training, training in gas testing, and training in first aid, etc; (j) to report to the manager as a result of his visits to the various parts of mine, as to whether the provisions of the Act, and the rules and regulations made thereunder are being complied with in the mine; (k) to promote safe practices generally and to lend active support to all measures intended for furthering the cause of safety in the mine and follow up measures for compliance to the recommendations of the Safety Committee and Workman’s Inspectors; (l) to assist the manager in any other matter relating to safety in the mine. (2) The safety officer shall ensure that an appropriate emergency plan as required under these regulations is put in place and the requirements of the same are implemented. (3) Except in an emergency, no duties other than those specified above shall be assigned to the safety officer. (4) The safety officer shall maintain in a bound paged book a detailed record of the work performed by him every day. 45. Duties and responsibilities of assistant manager.- (1) The assistant manager shall carry out the duties assigned to him by the manager, and shall see that in the part of the mine assigned to him by the manager, all work is carried out in accordance with the provisions of the Act and of the regulations and orders made thereunder. (2) The assistant manager shall, subject to the orders of the manager, visit and examine the workings under his charge, or part thereof, on every working day. (3) The assistant manager shall, from time to time, carefully examine every travelable part of the mine or part thereof placed under his charge, whether frequented by work persons or not. (4) In the absence of the manager, the assistant manager shall have the same responsibility, discharge the same duties and be subject to the same liabilities as the manager, but not so as to exempt the manager therefrom. (5) The assistant manager shall, in a bound paged book kept for the purpose, record the result of each of his inspections and also the action taken by him to rectify the defects noticed, if any. 46. Duties of ventilation officer.– (1) The ventilation officer shall- (a) ensure the observance of all regulations and orders concerning ventilation, spontaneous heating, fire, gas and coal dust including dust suppression and shall advise the manager, if any alteration is required in the ventilation system to ensure adequacy of ventilation in compliance with these regulations or orders; (b) advise the manager on day to day problems of ventilation, gas, coal dust, spontaneous heating and fire;
- 243. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 183 (c) maintain close liaison with the assistant managers and other officials, and assist them in their day-to-day ventilation problems; (d) carry out ventilation surveys of the mine and undertake any other special work relating thereto as may be directed by the manager from time to time; (e) take such steps as are necessary to ensure compliance with the ventilation standards required in terms of these regulations or otherwise; (f) check the speed of main mechanical ventilator, amperage drawn by its electric motor, and fan drift water gauge at least once in a day and he shall investigate any unusual change in the water gauge and report to the manager; (g) determine the efficiency of the main mechanical ventilator once at least in every three months and get the fan blades and the fan drift cleaned when necessary; (h) ensure that copies of standing orders in the event of stoppage of the main mechanical ventilator are posted at conspicuous places at the mine, and also ensure that the persons concerned understand the instructions contained therein; (i) ensure the correct siting and installation of auxiliary and booster fans belowground; (j) examine at frequent intervals all ventilation appliances like doors, brattices, air crossings, regulators, stoppings, booster and auxiliary fans, ventilation ductings and other devices of ventilation control in the mine and report any defect in the same to the manager; (k) take necessary steps to stop any leakage through any of the devices and ensure that the ventilation appliances are maintained in good order; (l) ensure that sufficient quantity of good air is coursed into all working places and reaches all workings belowground, and for this purpose, shall - (i) see that the ventilation stoppings, brattices, etc., are constructed as per specifications and are kept extended sufficiently; (ii)see that measurements of air quantity, temperature and humidity are regularly taken as specified and bring up-to-date the entries on the check boards provided at each air measurement station; (iii) determine the Ventilation Efficiency Quotient (VEQ); (iv) see that mine air samples are properly collected at the appointed time and place, and analysed within forty-eight hours of taking thereof; and (v) make observations for inflammable and any other harmful gases; (m) maintain separate tracing of the ventilation, rescue, stone dusting and the dust sampling plans and bring them up-to-date; (n) bring to the notice of surveyor any changes in the ventilation system or ventilation appliances and shall ensure that all old markings on the ventilation and rescue plans are corrected and new ventilation circuits are shown forthwith; (o) regularly check the barometer provided at the mine and report any unusual change in barometric pressure to the manager for appropriate actions; (p) take care of the instruments and apparatus used in the mines for environmental monitoring and ensure that all such instruments are maintained in good order and calibrated at specified intervals; (q) regularly visit returns of working districts and old workings including fire stoppings, if necessary, for symptoms of spontaneous heating and fire and report to the manager forthwith any such symptoms observed by him and shall himself take such steps as may be immediately necessary for the safety of the workers; (r) check the fire fighting measures and take necessary steps by regular rehearsals to ensure that all fire fighting equipments are maintained in working order and the concerned staff are fit and conversant with their duties in the event of a fire in the mine;
- 244. 184 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (s) take necessary steps for proper cleaning, treatment and suppression of coal dust in the mine and see that the arrangements for wet-cutting at the faces and water spraying at and within ninety meters of the working places are properly installed and function satisfactorily; (t) ensure that the stone dust barriers are correctly sited, properly constructed and maintained in accordance with the statutory requirements or otherwise; and bring the entries on the check boards up-to-date from time to time; (u) ensure that samples of mine roadway dust and of airborne dust (if required by the manager) are regularly taken in the specified manner; (v) collect air samples from sealed off areas, exhaust gases from diesel vehicles and from such other places as may be required by the manager; (w) ensure that all records and reports relating to ventilation, spontaneous heating, fire, gas and coal dust are kept up-to-date and entries are made regularly in the check boards for ventilation and stone dust barriers: Provided that nothing contained above shall exempt the manager, assistant manager, surveyor, overman, sirdar or any other competent person concerned, from any corresponding duties and responsibilities specified for them in these regulations or any orders made thereunder; and (x) assist the manager in any matter relating to the ventilation of the mine. (2) No duties other than those specified above shall be assigned to the ventilation officer except in an emergency. (3) The ventilation officer shall maintain, in a bound paged book, a detailed record of the work performed by him every day. 47. Duties and responsibilities of overman.– (1) The overman shall subject to the orders of superior officials, have responsibility, charge and control of such part of the mine, and shall carry out such duties, as may be assigned to him by the manager. (2) The overman shall, - (a) while on duty, carry a tracing of the workings of such district and shall keep the tracing up-to- date; (b) in his district, make the inspections and reports required by these regulations; (c) ensure that the subordinate officials and competent persons in his district carry out their respective duties in a proper manner; (d) ensure that mining operations in the part of the mine assigned to him under sub-regulation (1) are carried out as per the code of practices framed under these regulations. (3) The overman shall, to the best of his power, enforce in his district the provisions of the Act, of these regulations and orders made thereunder, and shall, subject to the control of manager and the assistant manager, if any, give such directions as may be necessary to ensure compliance with those provisions, and to secure the safety of the district and the safety and proper discipline of the persons employed therein. (4) The overman shall see that sufficient supplies of timber, support materials, brattice, tools and tackles, appliances, and other necessaries required for the safe working of his district are kept at convenient places therein. (5) The overman shall – (a) ensure that every air-crossing, stopping, door, brattice and other ventilation device is maintained in good order; (b) ensure that the ventilation is effective in his district, and when brattices or air pipes or ducts are required to be used for the ventilation of the working places, he shall see that they are kept sufficiently advanced so that an adequate amount of air reaches every such working place; (c) have power to send out of the mine any person under his charge who infringes or attempts to infringe any provision of the Act or of the regulations or orders made thereunder, or fails to carry out any direction given with regard to safety, and shall report such matter in writing to the manager;
- 245. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 185 (d) ensure that all tracks and tramlines are properly laid, graded, ballasted or otherwise packed; (e) see that the manholes on the haulage roadways are kept safe, clear of any obstruction, and properly white-washed; (f) ensure that the stop-blocks, runway switches and other safety devices are fixed and used as required under the regulations, drag or back-stays are provided and regularly used behind tubs ascending inclines and that a sufficient supply of suitable sprags is provided where tubs are loaded on a gradient or lowered down a gradient by hand; (g) stop the use forthwith if he finds any of the ropes, chains, signals, brakes, jig wheels and post or other apparatus in use in his district to be in an unsafe condition; (h) ensure that, except for the purposes of inspection, examination and repair every person other than an official or a haulage attendant travels by the travelling roadway; (i) give prompt attention to the removal of any danger observed or reported to him, and shall see that dangerous places are adequately fenced off; (j) see that approved safety lamps are used belowground. (6) In case of opencast workings, the overman shall ensure that- (a) sides of benches are kept properly dressed; (b) stability of benches is not endangered; (c) haul roads are kept maintained; (d) stability of overburden dumps is not endangered; (e) there is no over-crowding of men and machinery at the working faces; (f) adequate lighting is provided at the area under his control; and (g) adequate precautions as laid down in these regulations are taken before blasting operations is conducted; (h) all machinery and plant are operated in safe and secured manner. (7) The overman shall – (a) devote the whole of his time to his duties and visit each working place in his district as often as may be necessary or possible; (b) not, except for justifiable cause, leave the district in his charge until he has finished the inspections required under these regulations and any other duties that he is required to perform, or until relieved by a duly appointed substitute; (c) if the mine is working in a continuous succession of shifts, confer with the official succeeding him and give him such information as may be necessary for the safety of his district and of persons employed therein; (d) at the end of his shift, record in a bound paged book kept for the purpose a general report in the specified format on the performance of all his duties during the shift, including anything concerning the proper working of the mine and the safety and discipline of persons employed in his district. 48. Duties and responsibilities of sirdar.– (1) The sirdar or other competent person appointed under regulation 129 shall, subject to orders of superior officials, have responsibility, charge and control of the district of the mine assigned to him by the manager or assistant manager. (2) The sirdar shall - (a) take reasonable means to ensure proper observance of the requirements of the Act and of the regulations, and orders made thereunder by persons under his charge and shall, as soon as practicable, report any contravention thereof to his superior official; (b) make such inspection and reports as are required by these regulations, and in making such examination, he shall pay particular attention to edges of the goaf, if any, for checking supports and for presence of gas;
- 246. 186 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (c) except in the case of a mine working in a continuous succession of shifts, on completion of the first inspection of the district, proceed to the station specified under regulation 129 and instruct all persons as to their places of work and as to any special precautions necessary to be observed by them; (d) if he finds any person in a place other than the one assigned to him, he may order such person out of the mine, and shall forthwith report the matter to his superior official; (e) ensure that no inexperienced person is employed on any work except under the supervision of an experienced person. (f) see that the roof and sides of all traveling roadways and working places in his district are made and kept secure; (g) where the height of any working place in the district in his charge measured from floor to roof exceeds three meters, see that a suitable wooden bunton or pole by which all parts of the roof may be effectively tested by a person standing on the floor and a ladder of suitable length are kept at convenient places in the district; (h) report to his superior official any deficiency in timber, support materials, appliances and other necessaries required for the safe working of the district; (i) Where either of the two ways affording means of egress from the district to the surface is not ordinarily used for travelling, travel, once at least in every seven days, the whole of such roadway in order to make himself thoroughly acquainted with the same; and (j) see that no support is withdrawn except by means of a safety prop-withdrawer. (3) If sirdar observes any dangerous place during the course of his inspections or if any danger at a place where work persons are employed is reported to him, he shall, if the danger is not possible to be removed forthwith, withdraw all persons from such place and shall not leave the place until the danger has been removed in his presence or all approaches to the place have been fenced off so as to prevent persons from inadvertently entering such place. (4) The sirdar shall - (a) take care that any dangerous operation is carried out with due precautions, and in such cases shall be present throughout whenever any work of clearing falls of ground and setting of supports therein is being carried out; (b) cause the entrance to every place which is not in actual use or in course of working or extension, to be fenced across the whole width, so as to prevent persons from inadvertently entering such place; (c) if he finds any accumulation of inflammable or noxious gases, take such precautions as specified in regulation 166 and shall not remove such accumulation until he has received instructions in that behalf from his superior official; (d) on receipt of information of an accident to any person in his district, proceed at once to the place of accident, inspect the place and, if required, supervise the rescue operations, and shall report or send notice of the accident to the manager or assistant manager; (e) devote the whole of his time to his duties, and shall not leave the mine until the end of the shift or until relieved by a duly appointed substitute; (f) if the mine is worked by a continuous succession of shifts, before leaving his district, confer with the sirdar or other competent person succeeding him, and shall acquaint him with all matters requiring his personal attention and give him such other information as may be necessary for the safety of his district and of the persons employed therein; (g) see that mining operations in the district of the mine assigned to him under sub-regulation (1) are carried out as per the code of practices framed under these regulations. (5) In case of opencast workings, the sirdar shall ensure that- (a) sides of benches are kept properly dressed; (b) stability of benches is not endangered;
- 247. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 187 (c) haul roads are kept maintained; (d) stability of overburden dumps is not endangered; and (e) dust control measures are implemented. 49. Duties and responsibilities of shotfirer.– The shotfirer shall – (a) carry out his duties in accordance with the provisions of these regulations and of any orders made thereunder with respect to the transport and use of explosives; (b) be responsible for the observance by his assistants, if any, of such provisions and of any direction with a view to safety which may be given to them by a superior official; (c) not hand over any explosives to any unauthorised person; (d) ensure that clay, sand or other suitable stemming material is available in sufficient quantities at convenient places; (e) be present when shots are being charged and stemmed; and shall himself fire the shots; (f) be responsible, when a shot has misfired, for seeing that the place is adequately fenced and that the provisions of regulation 204 are strictly observed. 50. Duties of support man.– The support man shall - (a) carry out the orders of the manager or assistant manager, overman, sirdar or other competent person with respect to the securing of roof and sides and the other working places; (b) ensure placement of supports are strictly in accordance to the support plan; (c) at once report to the sirdar or other competent person any shortage of support materials in his district; (d) in case of use of timber, be responsible to see that woodcuttings are not left in any working belowground. 51. Duties of attendant of main mechanical ventilator.– The person in charge of the main mechanical ventilator shall – (a) keep the ventilator running at the speed fixed by the manager; (b) examine the machinery and observe the pressure-recording or water gauge and the speed- indicator at intervals of not more than one hour, and shall enter the readings of the indicator in a bound paged book kept for the purpose at the fan-house; (c) immediately report to his superior official any stoppage of, damage to, or defect or derangement in the machinery, or any unusual variation in the water-gauge or other indicators and shall also immediately report to him any unusual circumstances in regard to mine ventilation which may come to his notice; (d) not leave his place until relieved by a duly appointed substitute where the ventilator is continuously operated. 52. Duties of lamp room in-charge.- The person in-charge of a safety lamp-room shall- (a) be responsible for ensuring that all lamps in the safety lamp- room including safety lamps are properly maintained as per manufacturers specifications and in accordance with the provisions of these regulations; (b) see that the safety lamp-room is kept in a neat and tidy condition, and that all damaged and defective gauges, glasses and other parts of safety lamp are not kept or stored in such room; (c) see that fire extinguishers or other means of dealing with fires provided in the safety- lamp rooms are in good condition and readily available for use; (d) see that all records required by the regulations for the issue, return and maintenance of safety lamps are properly maintained; (e) see that every person going below ground is provided with a lamp having adequate charge to sustain at least whole of the shift;
- 248. 188 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (f) carry out such other duties relating to the maintenance, issue and return of safety lamps as may be specified by the manager or the assistant manager. 53. Duties and responsibilities of surveyor.– (1) The surveyor shall – (a) make such accurate surveys and levellings, and prepare such plans and sections and tracings thereof, as the manager may direct or as may be required by the Act or by the regulations or orders made thereunder, and shall sign the plans, sections and tracings and date his signature; (b) be responsible for the accuracy of any plan and section, or tracings thereof that has been prepared and signed by him. (2) The surveyor shall record in a bound paged book kept for the purpose – (a) the full facts when working of the mine have approached to about 120 meters from the mine boundary, or from disused or waterlogged workings; (b) any doubts which may arise or exist concerning the accuracy of the plans and sections prepared under these regulations; (c) any other matter relating to the preparation of the plans and sections that he may like to bring to the notice of the manager, and every entry in the book shall be signed and dated by the surveyor and countersigned and dated by the manager: Provided that where in any mine two or more surveyors are employed, each of the surveyors shall make the entries aforesaid in respect of the workings in his jurisdiction or of the plans and sections in his charge. (3) Nothing in sub-regulation (2) shall absolve the owner, agent or manager of his responsibility under the provisions of the Act and under these regulations or orders made thereunder. 54. Duties and responsibilities of engineer– The engineer or other competent persons appointed for the purpose shall– (a) subject to the orders of the manager and other superior official, hold general charge of all machinery at the mine; and shall be responsible for the proper installation, maintenance and safe working of such machinery; (b) when any machinery is shifted or newly installed, ensure that it is given a trial run before it is put into use, and shall be present during every such trial run; (c) be present throughout whenever any work of installing, changing or recapping of any winding rope, or of installing, changing or annealing any suspension gear, is being carried on; (d) ensure that the provisions of the Act and of these regulations and orders made thereunder relating to the installation, maintenance, operation or examination of machinery are properly carried out by himself and by subordinate officials, competent persons or work persons as the case may be, appointed for the purpose; (e) if mechanics, electricians or other subordinate officials or competent persons are appointed for the purpose, examine all reports, registers and other records relating to the installation, maintenance, operation or examination of machinery required to be made or kept in pursuance of the Act, these regulations or orders made thereunder, and shall countersign the same and date his signature. 55. Duties of winding engineman.– (1) A winding engineman shall- (a) at the beginning of his shift, examine the engine, brakes and all appliances in his charge and satisfy himself that they are in good working order; (b) during his shift, keep the winding engine and apparatus connected therewith properly cleaned and oiled and shall ensure that the engine room is clean and free of inflammable material; (c) immediately report in writing to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, brake, indicator, drum, rope or other appliances under his charge;
- 249. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 189 (d) not allow any unauthorised person to enter the engine room or in any way to interfere with the engine; (e) thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals and shall not start the engine until he has received the proper signal to do so: Provided that if the signal is indistinct, he shall not start the engine until it has been repeated and he clearly understands it; (f) avoid jerk in starting, running and stopping the engine, and shall cause the cage or other means of conveyance to be brought gently to rest at any stopping place; (g) while persons are being lowered or raised in the shaft, the winding engineman shall not drive the engine at a speed higher than that fixed by the manager for man-riding purposes and approved by the Regional Inspector; (h) not unclutch the drum of his engine until he has assured himself immediately beforehand by testing the brake of the drum against the full power of the engine to see that the brake is in proper condition to hold the load suspended from the said drum: Provided that when the drum is unclutched, he shall use the brake only for the purpose of maintaining such drum stationery, and shall not lower men or materials from an unclutched drum; (i) on no pretext leave the handle or brake whilst the engine is in motion, or while persons are riding a cage or other means of conveyance in the shaft; and (j) not leave the engine whilst persons are at work in the shaft, and whenever he has occasion to leave the engine, he shall cut off the power and secure the drums with brake; (2) The winding engineman of a winding engine by which persons are lowered or raised in a shaft, shall not leave the engine at the end of his shift unless all the persons have come out of the shaft or unless relieved by a duly appointed substitute. 56. Duties of banksman and onsetter.– (1) Every banksman or onsetter shall- (a) subject to the orders of a superior official, have full control of the top or bottom of shaft or the inset, as the case may be, and shall report to such official any person who, without authority, gives a signal or disobeys instructions; (b) thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals, and shall properly transmit the signals by the means provided: Provided that the banksman or onsetter shall not act on any signal, the correctness of which he is in doubt, except a signal which he believes to be “to stop” and shall not allow any unauthorised person to give signals; (c) immediately report to his superior official any defect in the signalling installation; (d) devote the whole of his time to his duties, and shall not leave his post during the period of his duty. Where persons are raised or lowered in the shaft, he shall not leave his post at the end of his shift unless all the persons have come out of the shaft or unless relieved by a duly appointed substitute; (e) not allow more than the authorised number of persons to enter the cage or other means of conveyance at any one time; (f) not, unless specially authorised in writing by the manager in that behalf, allow any person when riding in a cage or other means of conveyance, to take with him any bulky materials other than tools and instruments: Provided that nothing in this clause shall be deemed to prohibit the carrying, in a cage or other means of conveyance, of explosives by a shotfirer or other competent person; (g) after any stoppage of winding for repairs or for any other cause for a period exceeding two hours, not allow any person to ride in the cage or other means of conveyance unless it has been run at least one complete trip up and down the working portion of the shaft; (h) not allow any person to ride on the top or edge of any cage or other means of conveyance except when engaged in examination, repair or any other work in the shaft;
- 250. 190 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (i) after persons have entered the cage, see that the cage gates on both sides are in position and closed, before signaling for the cage to be lowered or raised; (j) not allow any unauthorised person to handle tubs in or out of the cage; (k) while tubs are being lowered or raised, see that the catches are holding the tubs properly before signaling the cage or other means of conveyance away and if he notices any defect in the tub-catches, he shall immediately inform his superior official; (l) at any entrance into a shaft or inset which is provided with gates or fences not worked by the cage or other means of conveyance, not begin to remove the gate or fence until the cage or other means of conveyance has stopped at the entrance, and shall close the gate before he has signalled the cage or other means of conveyance away, and he shall not permit any unauthorised person to open or interfere with the gate; (m) see that all fences and gates provided at the top of the shaft or at any inset are in position; (n) not permit any unauthorised person to remove a fence or gate and if he notices any defect in such fence or gate, immediately inform his superior official; (o) keep the top of the shaft or the inset and the floor of every cage free from loose materials; (p) when long timber, pipes, rails or other materials projecting over the top of a cage or other means of conveyance are lowered or raised, ensure that the projecting ends are securely fastened to the rope, chains or bow; (q) when he suspects that the cages are not working smoothly in the shaft or when he hears anything unusual happening in the shaft while the winding engine is working, immediately give signal to the winding engineman to stop the engine. (2) The banksman shall- (a) at the beginning of his shift, see that the keps are in proper working order; (b) when he is informed of any danger in the shaft, not allow any person to descend except for the purpose of examination or repair and during the time that such examination or repair is going on, be on duty and listen for signals; (c) not permit any person descending the shaft to carry any intoxicating drink or drug, or allow any intoxicated person to descend. (3) The banksman shall not leave his place of work unless duly relieved by his successor. 57. Duties of haulage engineman, attendant, etc.- (1) At the beginning of his shift, the haulage engineman shall examine the engine, its brake and all appliances in his charge, and shall satisfy himself that they are in good working order. (2) The haulage engineman shall, during his shift keep the haulage engine and apparatus connected therewith properly cleaned and oiled, and the engine-room clean and free of inflammable material. (3) The haulage engineman shall report immediately to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, brake, drum, rope or other appliances under his charge. (4) Whenever the haulage engineman has occasion to leave the engine, he shall cut off the power and secure the engine with the brake. (5) The haulage engineman and signaler shall not allow any unauthorised person to enter the engine- room or in any way to interfere with the engine or signal, as the case may be. (6) Every haulage engineman and signaler shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals. (7) The haulage engineman shall not start the engine until he has received the proper signal to do so and if the signal is indistinct, shall not start the engine until it has been repeated and he clearly understands it. (8) The person in charge at the top of any haulage plane or incline shall ensure that the stop-blocks are blocking the way, before allowing any tub to be brought on to the top landing and shall cause the tubs to be securely coupled up to each other and to the rope or chain, before the stop block is opened. In case any
- 251. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 191 alternative safety appliance is provided, he shall cause the same to be brought into use on every such occasion. (9) The person who is responsible for the attachment to the haulage rope, of any tub or set of tubs at any stopping place on any haulage plane or incline, shall ensure that no person remains in a position of danger at or near such stopping place while the rope is in motion. (10) The person in charge of any tubs or set of tubs, which it is intended to send up any haulage plane or incline on which drags or back-stays are required to be used, shall securely fix the drag or back-stay or cause it to be so fixed, before such tub or set of tubs is set in motion. (11) The person in charge at the top or bottom of the incline shall ensure that no unauthorised person rides on any tub. (12) Before a train of side-tipping tubs is set in motion, the person in charge shall ensure that the safety catches of all such tubs are properly secured. 58. Duties of locomotive driver.– The locomotive driver shall- (a) before commencing work in his shift, ensure that the audible signal, lights and the brakes of the locomotive are in proper working order; (b) not work the locomotive unless the locomotive is fitted with sufficient headlights; (c) immediately report to the engineer or other competent person appointed for the purpose any defect which he has noticed in the locomotive or any part or fitting thereof; (d) not set the locomotive in motion until audible warning has been given by him to persons whose safety may be endangered and also give the audible warning when the locomotive is approaching a level crossing or any place where any person is at work or where the driver’s sight is intercepted; (e) not leave a locomotive unattended away from the place where it is housed, unless he has ensured that it cannot be set in motion by any unauthorised person; (f) ensure that no unauthorised person drives, handles or rides on a locomotive; (g) ensure that when tubs or wagons are being pushed in front of the locomotive, the shunter shall accompany the leading wagon. 59. Duties of cutting and loading machine driver and mechanic or fitter.– (1) When a machine is required to work on a gradient exceeding 1 in 5, an effective contrivance to prevent the machine running back shall be provided and used. (2) No cutting or loading machine shall be flitted or otherwise moved with the cutting or loading tool in motion, except in the actual process of cutting or loading, and if the cutting or loading tool, as the case may be, is not possible to be locked out of gear securely, it shall be removed before flitting is started. (3) No person shall make any repair or adjustment to a cutting or loading machine or shall put in or take out a pick, until he has made such arrangements as will prevent the mechanism being inadvertently put into motion while such operation is being performed. (4) No person shall open or replace the cover of any electrical part of a cutting or loading machine, except under the supervision and in the presence of an engineer, electrician or other competent person appointed for the purpose. (5) The cutting or loading machine driver shall not leave the machine unless he has completely cut off the power and has assured himself that the moving parts of the machine shall not be inadvertently set in motion. 60. Duties of magazine in-charge.– The magazine in-charge shall – (a) subject to the orders of superior officials, be responsible for the proper receipt, storage and issue of explosives in and from the magazine; (b) maintain such records of the explosives received, stored and issued under clause (a), as are required under the provisions of the Act, the Explosives Act,1884 (4 of 1884) and the rules, regulations or orders made thereunder;
- 252. 192 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (c) not issue explosives to any person other than a competent person and when explosives are returned to the magazine, shall re-issue such explosives before issuing fresh stock; (d) record in a bound paged book kept for the purpose, the names of various competent persons and the quantity and nature of explosives issued to each of them; and similarly record the quantity and nature of explosives returned to the magazine by each such person; (e) securely lock each canister before issuing it to the competent person and also check whether the canister is returned to the magazine in locked condition and shall not issue explosive in any canister which is not in proper repair or which is not possible to be securely locked; (f) not allow any unauthorised person to enter the magazine; (g) not issue any explosive for which the stipulated shelf life has expired; and (h) if he discovers any shortage of explosives in the magazine, forthwith inform the manager in writing. 61. Duties of register keeper and attendance clerk, etc.- (1) Every person appointed to keep register or other records required to be kept by or under the Act or under these regulations, or orders made thereunder, or to make entries therein, shall make the necessary entries in ink or by other means specified by the Chief Inspector with reasonable dispatch. (2) During the whole time that persons are at work, the attendance clerk shall remain on duty at attendance cabin which shall be provided near the workplaces, or in case of working belowground, near the outlet used by the work persons to enter and leave such workings. (3) No person who is not an employee of the mine or is not entitled to enter the mine under the Act or under the regulations, or orders made thereunder, or is not so authorised by the manager, shall enter the mine. (4) It shall be the duty of the attendance clerk to ensure that no such person enters the mine and if any such person forcibly enters the mine, the attendance clerk shall immediately report the matter in writing to the manger. (5) If after the commencement of a shift, any official or a competent person has not got his attendance recorded in the register maintained under sub-section (4) of section 48 of the Act, the attendance clerk concerned shall, within two hours after the commencement of the shift, report the fact in writing or by other means prescribed by the Chief Inspector, to the manager or the assistant manager or other official in-charge of the shift. 62. Duties of operators of heavy earth moving machineries, excluding trucks, tippers and dumpers.- Every person authorised to operate heavy earth moving machineries such as dragline, shovel or excavator shall – (a) inspect the machine assigned to him in the beginning of his shift and test the various systems, sub-systems and protective devices, as stipulated in this respect by the engineer in consultation with the manufacturer or supplier; (b) not take out the machine for work nor shall he operate the machine unless he is satisfied that it is mechanically sound and in efficient working order; (c) maintain a record of every inspection made under clause (a) in a bound paged book kept for the purpose and shall sign every entry made therein; (d) keep the cabin or engine room and all window glasses clean; (e) keep the walkways, hand-rails, ladder-ways free of loose tools, lubricants or other material that might fall or cause a tripping hazard; (f) not allow any unauthorised person to ride on the machine; (g) not move or operate the machine when persons are in such proximity as to be endangered; (h) not swing the bucket over the passing haulage units or over the cabin of units being loaded; (i) lower the bucket to ground, switch-off the power supply to the machine or stop the prime mover and lock the cabin door before leaving the machine;
- 253. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 193 (j) strictly adhere to the codes of practices prepared under regulation 110 while operating the machinery; (k) enter the condition of the machine at the end of his shift in the register or book maintained under clause (c) for necessary information of his successor. 63. Duties of truck, tipper and dumper operator.– (1) Every person authorised to operate trucks, tippers and dumpers in a mine shall- (a) inspect the machine assigned to him in the beginning of his shift and test the various systems, sub-systems and protective devices; (b) not take out the machine for work nor shall he work the machine unless he is satisfied that it is mechanically sound and in efficient working order; (c) maintain a record of every inspection made under clause (a) in a bound paged book kept for the purpose and shall sign every entry made therein; (d) not drive the machine under his charge too fast, shall avoid distractions, and drive defensively, not attempt to overtake another vehicle unless he can see clearly far enough ahead to be sure that he can pass it safely and sound the audible warning signal before overtaking; (e) when approaching a stripping or loading equipment, sound the audible warning signal and not attempt to pass the stripping equipment until he has received proper audible signal in reply; (f) before crossing a road or railway line, reduce his speed, look in both directions along the road or railway line and proceed across the road or line only if it is safe to do so; (g) sound the audible warning signal while approaching a blind corner or any other points from where persons may walk in front unexpectedly; (h) not operate the truck, tipper or dumper in reverse unless he has a clear view of the area behind and give an audible warning signal before reversing a truck, tipper or dumper; (i) be sure of clearance before driving through areas such as tunnels, archway and plant structures; (j) strictly adhere to the transport rules made under regulation 109 while operating the truck, tipper or dumper; (k) enter the condition of the truck, tipper or dumper at the end of his shift in the register or book maintained under clause (c) for necessary information of his successor. (2) The driver shall ensure that the vehicle is not overloaded and that the material is not loaded in a truck, tipper or dumper so as to project horizontally beyond the sides of its body and that any material projecting beyond the front orrear is indicated by a red flag during day and by red light after day light hours. (3) The driver shall not allow any unauthorised person to ride on the vehicle. CHAPTER VI PLANS AND SECTIONS 64. General requirements about mine plans.– (1) Every plan or section prepared or submitted in accordance with the provisions of these regulations shall- (a) specify the name of the mine and of the owner and the purpose for which the plan is prepared; (b) show the true north, or the magnetic meridian and the date of the later; (c) specify a scale of the plan at least 25 centimeters long and suitably subdivided; (d) unless otherwise provided, be on a scale having a representative factor of 2000:1 or 1000:1: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the plans to be prepared on any other suitable scale; (e) be properly inked in on durable paper, tracing cloth or on polyester film and be kept in good condition;
- 254. 194 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (f) have an abstract of all statutory restrictions in respect of any specified working with a reference. (2) The conventions shown in the Schedule shall be used in preparing all plans and sections required by these regulations. (3) The plans and sections required by these regulations shall be accurate within such limits of error as the Chief Inspector may specify by a general or special order. (4) The plans and sections required by these regulations shall be maintained corrected up-to-date which is not earlier than three months: Provided that where any mine or seam or section is proposed to be abandoned, closed or the working thereof to be discontinued or rendered inaccessible, the plan and section shall be brought up-to- date before such abandonment, closure or at the time of discontinuance, as the case may be, unless such abandonment, closure or discontinuance has been caused by circumstances beyond the control of the owner, agent or manager, in which case the fact that the plan or section is not up-to-date shall be recorded on it. (5) All the reference stations at surface and the reference points of underground surveys shall be shown in their correct position relative to the survey of India national grid within the limits of error of survey and plotting, as specified under sub-regulation (3). (6) Plans and sections required to be maintained under these regulations shall be kept available for inspection in the office at the mine, and shall not be removed therefrom except by or with the approval in writing of the Regional Inspector, unless a true copy thereof has been kept therein. (7) The Chief Inspector may, subject to the conditions as he may specify in the order, permit preparation of plans or sections in variance with the provisions of this regulation. 65. Type of plans.– (1) The owner, agent or manager of every mine shall keep the following plans and sections: (a) a surface plan showing every surface feature within the boundaries, such as telephone, telegraph or power transmission line, watermain, tram-line, railway, road, river, watercourse, reservoir, tank, bore-hole, shaft and incline opening, opencast working, subsidence and building on the surface; (b) an underground plan showing- (i) the position of the workings of the mine belowground; (ii) every bore-hole and shaft with depth, incline opening, cross-measure drift, goaf, fire- stopping or seal, water-dam (with dimensions and other particulars of construction), pumping station and haulage roadway; (iii) every important surface feature within the boundaries, such as railway, road, river, stream, water-course, tank, reservoir, opencast working and building which is within 200 meters of any part of the workings measured on the horizontal plane; (iv) the general direction and rate of dip of the strata; (v) such sections of the seam as may be necessary to show any substantial variation in the thickness or character thereof and showing the working section, and such section of the strata sunk or driven through in the mine or proved by boring as may be available; (vi) the position of every roll, washout, dyke and every fault with the amount and direction of its throw and hade; (vii) an abstract of all statutory restrictions in respect of any specified working with reference to the order imposing the same, and, whenever this plan is brought up-to-date, the then position of the workings shall be shown by dotted line drawn through the ends of the working and such dotted line shall be marked with the date of the last survey;
- 255. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 195 (c) where a seam has an average inclination of more than thirty degrees from the horizontal, one or more vertical mine section or sections, as may be required by Regional Inspector, showing a vertical projection of the mine working: Provided that in case of a mine having opencast workings, vertical mine sections showing vertical projections of mine workings at suitable intervals not exceeding 100 m, in both, longitudinal as well as transverse directions, shall be prepared and maintained irrespective of the inclination of coal seam; (d) a ventilation plan, and section where necessary, showing the system of ventilation in the mine, and in particular – (i) the general direction of air-current; (ii) every point where the quantity of air is measured; (iii) every air-crossing, ventilation door, stopping and every other principal device for the regulation and distribution of air; (iv) every fire-stopping and its serial number; (v) every room used for storing inflammable material; (vi) the position of fire-fighting equipment; (vii) every water-dam with dimensions and other particulars of construction; (viii) every pumping, telephone and ambulance station; (ix) every haulage and travelling roadway; (x) every auxiliary or booster fan; (xi) every stone dust barrier; (e) a joint survey plan showing the details required under clause (b) of this sub-regulation and sub-regulations (6) and (7), signed by the surveyor and the manager of the mine and also of adjoining mines having working within 60 meters of the common boundary or where the boundary is in dispute, within 60 meters of the boundary claimed by the owner of the mine concerned signifying the correctness of the common boundary, or the disputed boundaries, as the case may be, and of the position of the working in relation to one another; (f) a geological plan of the area of leasehold, on a suitable scale; and (g) a water-danger plan and section showing- (i) nullah, river, lake, water pond, water coarse, drainage or any other water bodies on surface or belowground existing upto 200 meters of the boundary of the mine; (ii) the position of the working belowground and every borehole and shaft (with depth), drive, cross-cut, staple pit, excavation and air passage connected therewith; (iii) the position of every dyke, fault and other geological disturbance with the amount and direction of its throw as well as hade; (iv) levels taken in workings belowground at easily identifiable points sufficient in number to allow the construction of sections along all drives, main headings and haulage roadways; (v) every source of water such as river, stream, water-course, reservoir, water-logged opencast working on the surface, and also the outline of all water-logged workings belowground lying within 60 meters of any part of the workings measured in any direction; (vi) every reservoir, dam or other structure, either above or belowground, constructed to withstand a pressure of water or to control inrush of water, along with reference to its design and other details of construction; and (vii) the highest flood level of the area. (2) Separate plans and sections for the working of every seam or of every separate section of every seam shall be kept in respect of clauses (b), (c), (d) and (e) of sub-regulation (1):
- 256. 196 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided that in respect of plans maintained under clause (b) of sub-regulation (1), combined plans of all seams or sections, which are lying within nine meters of each other and which are worked at the mine shall also be kept; and in the combined plans, workings in different seams or sections shall be shown in different colours. (3) The plans maintained under clauses (a), (b), (d), (e), (f) and (g) of sub-regulation (1) shall also show surface contour lines drawn at vertical intervals not exceeding five meters (or ten meters in the case of a mine where there are no working belowground or in cases of mines situated in hilly terrain, such other interval as the Regional Inspector may permit by an order in writing and subject to such conditions as he may specify) over the whole area lying within 200 meters of any part of the working. (4) The plans maintained under clause (b) of sub-regulation (1) shall also show spot levels on the floor of the working – (a) along haulage roadways, at every roadway junction, except in roadways where tramming is done by manual means where the spot levels may be shown at points not more than 150 meters apart; and (b) in the case of headings which have been discontinued either temporarily or permanently, also at the end of such headings: Provided that where two drifts in stone or two galleries in coal pass over one another, this shall be clearly indicated on the plans, with appropriate noting, if necessary; (5) A permanent bench-mark shall be established on the surface, and all levels taken above and belowground shall be referred to a plane in relation to such bench-mark and the particulars of the bench- mark, together with its height above Mean Sea Level shall be shown on the plans required to be maintained under these regulations. (6) The plans maintained under clauses (a) and (b) of sub-regulation (1) shall also show the settled boundary of the mine, or where the boundary is in dispute, the boundaries claimed by the owner of the mine and by the owner of the mine adjacent to the disputed boundary: Provided that where it is not possible to show the complete boundary of leasehold on the same plan, an additional key plan on any other suitable scale showing such boundaries and the outline of the workings shall also be maintained. (7) The plans maintained under clause (b) of sub-regulation (1) shall also show the workings, and all features as specified in that clause, both above and belowground of all adjacent mines as are situated within 60 meters, measured on any plane, of the boundary claimed by the owner of the mine. (8) The owner, agent and manager of every mine shall as soon as its working extend to within 60 meters of the settled boundary with an adjacent mine(or where the boundary is in dispute within 60 meters of the boundary claimed by the owner of the adjacent mine) inform the owner, agent or manager of such mine of the fact of such extension and shall also give all reasonable facilities to the surveyors of its adjacent mines to carry out the surveys and levellings required to be made under this sub-regulation. (9) The Regional Inspector may, by an order in writing- (i) require such additional details to be shown on the plans and sections maintained under these regulations, or the preparation and maintenance of such other plans and sections showing such details and on such scale and within such time as he may specify in the order; and, (ii) require the owner, agent or manager to submit to him within such time such plans and sections, or tracings thereof, as he may specify in the order. (10) The owner, agent or manager shall, at any time if required by the Regional Inspector, show on any plan or section the then position of the workings of the mine. 66. Plans and sections to be submitted after abandonment, closure or discontinuance.– (1) Where any mine or seam or section thereof is abandoned, closed or the working thereof has been discontinued over a period exceeding sixty days, the person who was the owner of the mine at the time of abandonment, closure or discontinuance shall, within thirty days after the abandonment or closure, or within ninety days after the discontinuance of the workings, as the case may be, submit to the Chief Inspector two true copies of the up- to-date plan and section of the workings of the mine or seam or section maintained under clauses (a), (b),
- 257. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 197 (c), (e) and (g) of sub-regulation (1) of regulation 65, which shall show the bearing and distance of at least one of the shafts or openings of the mine from a tri-junction or revenue pillar or from any other prominent and permanent surface feature, the position of all water-dams built belowground (with their dimensions and other particulars of construction) and also the spot levels at the ends of the workings: Provided that if a change of ownership occurs after the abandonment, closure or discontinuance and before the expiry of thirty days of the abandonement or closure or ninety days of the discontinuance of the workings, as the case may be, such plans and sections shall be submitted forthwith. (2) The original or a certified true copy of the plan and section submitted under sub-regulation (1) shall be kept in the office at the mine. (3) The Chief Inspector may, on such conditions as he thinks fit to impose, and on payment of the cost of preparing copies as determined by him, supply copies of a plan or section submitted to him under sub- regulation (1) or such parts thereof as he thinks fit - (a) to any person having a bonafide interest in the mine, seam or section; (b) to the owner, agent or manager of an adjacent mine. 67. Survey instruments and materials.– (1) The owner or agent shall provide adequate number of accurate and reliable survey instruments and materials for the proper carrying out of all survey and levelling work and for the preparation of the plans and sections required under these regulations; and no other instrument shall be used in connection with any such survey or levelling work. (2) The survey instruments so provided under sub-regulation (1) shall be checked, maintained and calibrated at regular intervals as specified by the manufacturer, to maintain their accuracy level. 68. List of plans, sections and instruments and their storage.– (1) All plans and sections, and tracings or copies thereof, kept at the mine shall be serially numbered. (2) Suitable arrangements shall be made at every mine for the proper storage and maintenance of every plan and section and of all instruments and materials so as to provide for flat storage of every plan and section maintained under these regulations: Provided that where special conditions exist the Chief Inspector may, by an order in writing, permit storage and maintenance of plans and section in any other form subject to such conditions as he may specify in the order. (3) Every field book and other notes used in the preparation of plans and sections required under these regulations shall be duly indexed and kept in the office at the mine. (4) A list of all plans and sections maintained under these regulations, or any orders made thereunder, and tracings or copies thereof; of all survey instruments provided under regulation 67 with their respective type, specifications and identification numbers; and of all field books and other notes kept under sub-regulation (3), shall be kept in a bound-paged book kept for the purpose, and updated whenever necessary. (5) Every entry in the book maintained under sub-regulation (4) shall be signed and dated by the surveyor, and countersigned and dated by the manager. 69. Preparation of plans by surveyors.– (1) Every plan and section, and tracing thereof, prepared under these regulations shall be prepared by or under the personal supervision of the surveyor. (2) Every plan or section, or any part thereof, prepared by or under the supervision of a surveyor shall carry thereon a certificate by him to the effect that the plan or section or part thereof is correct; and shall be signed and dated by the surveyor and countersigned and dated by the manager on every occasion that the plan or section is brought up-to-date. (3) Every tracing of a plan or section or of any part thereof shall bear a reference to the original plan or section from which it was copied and shall be certified thereon by the surveyor with date to be a true copy of the original plan or section. (4) If the surveyor fails or omits to show any part of the workings or allows the plans or sections to be inaccurate, he shall be guilty of a breach of these regulations:
- 258. 198 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided that nothing in this sub-regulation shall, exempt the owner, agent or manager of their responsibility to ensure that every plan or section prepared, kept or submitted under these regulations or by any order made thereunder is correct and maintained up-to-date as required thereunder. 70. Plans to be checked on change of ownership or on reopening, etc.– (1) When there is a change in ownership of a mine, or where a mine or part thereof is re-opened, or where in any mine or part thereof it is intended to start any extraction or reduction of pillars, the owner, agent and manager shall ensure that the plans and sections of the mine or part are accurate: Provided that if any doubt arises as to the accuracy of the plans and sections in any respect, he shall have accurate plans and sections prepared afresh before any drivage or other work of development or of extraction or reduction of pillars is commenced. (2) If the Regional Inspector is of the opinion that any plan or section prepared, kept or submitted under these regulations is inaccurate, he may, by an order in writing, require a fresh survey made and a new plan or section prepared within such time as he may specify therein. (3) If the plan or section required to be prepared under sub-regulation (2) is not prepared within the time specified in the order, or to the satisfaction of the Regional Inspector, or the plan or section is not prepared or updated as required under these regulations, he may get the plan or section prepared by any other agency and the cost thereof, as certified by the Chief Inspector, shall be defrayed by the owner of the mine and be recoverable from him as an arrear of land revenue. CHAPTER VII MEANS OF ACCESS AND EGRESS 71. Outlets from a mine.– (1) Except for the duration of shaft sinking or the drivage of other means of access and egress from the mine together with the necessary development work, no person shall be employed, or be permitted to enter or remain for the purpose of employment, in any working belowground, unless the working is provided with at least two shafts, inclines or other outlets to surface- (a) with which every seam or section for the time being at work has a communication so as to afford separate means of ingress and egress to the persons employed therein; (b) which do not have their surface openings in the same building; and (c) which are under the sole control of the manager: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment belowground of persons even in a case where the two shafts, inclines or outlets are not under the control of the same manager. (2) The Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment belowground of restricted number of persons even in a case where places in the working of the mine do not contain two means of egress from each working place. (3) Suitable arrangements shall be made for persons to descend and ascend by each of such means of access and egress; and (a) where shaft is more than 30 meters in depth, such arrangements shall be by mechanical means so installed and maintained as to be constantly available for use; and (b) where the incline is more than one kilometer in length (one way) or the travel by persons is arduous, a suitable man-riding system approved in writing by the Chief Inspector shall be provided for persons to access and egress from the workings of the mine: Provided that in case of any doubt as to whether any such arrangement referred to in clause (a) or clause (b) is suitable or not, it shall be referred to the Chief Inspector for decision. (4) Both the means of egress and the equipment used therein for the transport of persons shall be kept constantly in a safe condition to facilitate ease of traveling, including clearances for hand carried stretchers. (5) Where in any shaft, ladders are used as a means of ingress or egress of persons employed in a mine, every such ladder shall – (i) be of strong construction;
- 259. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 199 (ii) be securely fixed in the shaft at an inclination of not more than 80 degrees from the horizontal; (iii) be made continuous or without perceptible overlapping or break except at platforms which shall be provided at intervals of not more than nine meters; (iv) project at least one meter above the mouth of the shaft, and above every platform, except where strong hold-fasts or hand-rails are provided; (v) have rungs equally spaced and at a sufficient distance from the wall or any timber to ensure proper foothold; and (vi) be maintained in good repair. (6) Such shafts, inclines or outlets shall not be less than 13.5 meters distant from one another at any point, and each shall be connected with the other by means of a walkable passage, not less than 1.8 meters high and 1.5 meters wide, through the workings belowground that are being served by such shafts, inclines or outlets. (7) Whenever the connection between two outlets which are required to be maintained under sub-regulation (1) has been obstructed or found dangerous, only such persons as are necessary to clear the obstruction or to repair the dangerous part of the connection or to make a new second outlet, as the case may be, shall be employed belowground until such time as the connection has been re-established or a new second outlet has been provided. (8) The foregoing provisions of this regulation with respect to shafts, inclines and outlets shall not apply - (a) to any working for the purpose of making a connection between two or more shafts, inclines or outlets; and (b) to any working for the sole purpose of searching for or proving minerals: Provided that nothing in this sub-regulation shall be deemed to authorise the driving of roadways for the development of a seam before a second outlet has been made in accordance with the said provisions. (9) In both the means of access and egress in the mine, an effective two way communication facilities with broadcasting system of telecommunication shall be provided to ensure that persons from belowground may be able to directly communicate to surface without any obstruction or loss of message and communication link. (10)The system of communication and telecommunication so provided under sub-regulation (9) shall be of wired, wireless or any other type, as approved by the Chief Inspector. 72. Working shafts.– (1) All entrances to the mine shaft shall be adequately illuminated throughout working hours. (2) Every shaft in use or in course of being sunk and every incline or other outlet shall be made and kept secure. (3) Every shaft in the course of being sunk shall be provided with a permanent lining of metal, concrete or masonry, which shall at no time, be more than six meters from the bottom of the shaft: Provided that where iron or steel rings with a substantial lagging are used below the permanent lagging and are kept close to the bottom of the shaft, this distance may be increased to not more than twenty meters: Provided further that in the case of a shaft where special conditions exist which make compliance with the provisions of this sub-regulation not necessary, the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the operation thereof. (4) Surface and seepage water shall be channeled in such a way as to prevent it from falling freely into the shaft. (5) The top, all insets and the bottom of every working shaft and the sump thereof shall be kept clear and free from loose materials, tools and debris. 73. Fencings and gates at outlets.– (1) Every entrance to a mine from the surface, and the top and all entrances between the top and bottom, including the sump, if any, of every working, ventilating or pumping
- 260. 200 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] shaft, shall be kept securely fenced so designed and constructed as to prevent any person accidentally falling down the shaft or coming into contact with a moving part of the hoisting equipment provided in the shaft. (2) Every walkable entrance from the surface to the workings belowground shall be provided with a substantial gate which shall be kept closed and locked when there are no persons belowground: Provided that where such entrance is not used as a means of ingress or egress in or out of the mine, it shall be permanently closed so as to effectively prevent persons from entering therein. 74. Outlets from mine parts.– Every part of a mine shall, where practicable, be provided with at least two ways of affording means of egress to the surface: Provided that if any doubt arises as to whether the provision of two such ways is practicable or not, it shall be referred to the Chief Inspector for decision. 75. Periodic examination of shaft, incline and other outlets.– (1) Every shaft, incline and other outlet provided as required by regulation 71 shall be examined, once at least in every seven days, by an overman or other competent person and a report of every such examination shall immediately thereafter be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination. (2) Every mechanised outlet shall be examined at least once in every seven days by an engineer or electrical supervisor or foreman or any other competent person duly authorised in writing by the engineer and a report of every such examination shall immediately be recorded in a bound paged book kept for the purpose and signed and dated by the person making the examination. (3) The bound paged book so maintained under sub-regulations (1) and (2) by the electrical supervisor or foreman or any other competent person shall also be checked and countersigned by the engineer and manager. (4) If at the time of such examination or at any other time, the shaft, incline or other outlet is found to be not safe, it shall not be used for any purpose, except as a natural airway, until it has been made safe in all respects and a report of every such action taken shall be recorded in the book kept under sub-regulation (1). CHAPTER VIII WINDING IN SHAFTS 76. Appointment of winding engineman.– (1) No person shall be appointed as a winding engineman unless he holds an Engine Driver’s Certificate: Provided that this sub-regulation shall not apply to the driver of an electrical winding engine upto thirty horsepower or a steam or compressed air winding engine which has cylinders not exceeding eighteen centimeters in diameter and which is not used for raising or lowering of persons. Provided further that, after coming into force of these regulations, a First or Second Class Engine Driver’s Certificate granted under regulation 12 of the Coal Mines Regulations, 1957, shall, each be also deemed to have been granted as an Engine Driver’s Certificate under regulation 11 of these regulations. (2) Where special difficulties exist which make compliance with the provisions of sub-regulation (1) not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, relax the said provisions. (3) No person, other than a winding engineman appointed under sub-regulation (1) shall operate any winding engine: Provided that in an emergency any other competent person may be permitted to operate the winding engine. (4) The name of the winding engineman on duty, together with the period of his shift shall be posted in the winding engine room: Provided that where the Regional Inspector is of the opinion that the duties of any winding engineman are unduly arduous, he may by an order in writing require the period of his shift to be reduced to such period, not less than five hours, as he may specify.
- 261. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 201 77. New winding installations.– (1) When it is intended to bring into use any new winding installation for lowering and raising of persons, the owner, agent or manager shall, not less than sixty days before such use, give notice of such intention to the Chief Inspector and Regional Inspector in such form as may be specified by the Chief Inspector which shall contain detailed specifications of the installation. (2) A winding engine which is shifted from one site to the other within the same mine or from one mine to other, shall be considered as a new installation for the purpose of this regulation. (3) If the Chief Inspector, by an order in writing so requires, such additions or alterations shall be made to the installations, as he may specify in the order. 78. Construction and installation of winding equipment.– (1) Every part of a winding installation, including headgear shall be of sound construction and adequate strength, and shall be maintained in safe working order and in case of any doubt in that respect, it shall be referred to the Chief Inspector for decision. (2) The engine shall be firmly connected to a rigid foundation and shall be so designed, constructed and maintained that with the power provided, the raising and lowering of persons or materials can be carried out with ease, regularity and safety. (3) Unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, every engine for winding shall be so situated in relation to the headgear that the winding rope shall not, in the extreme position, subtend in either direction an angle more than one and a half degrees with the plane of the sheave or pulley used in connection with the rope. (4) The diameter of the drums or sheaves of the winding engine, and of the pulleys and sheaves used in connection with the winding shall, unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, be not less than eighty times the diameter of the rope in the case of winding installations installed before the 25th day of October, 1955 and not less than one hundred times the diameter of the rope in other cases: Provided that the Chief Inspector may, by an order in writing, require that in the case of any specified winding installation installed before the said date, the diameter of the said drums, pulleys or sheaves shall not be less than such size, as he may specify in the order: Provided further that where special difficulties exist which make compliance with the provisions of this regulation not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, relax the said provisions. (5) The grooves of sheaves or pulleys used in winding installation shall be suited to the diameter of the rope. (6) Every pulley or sheave used in connection with winding shall, while in motion, rotate in a vertical plane, and shall be maintained in such a condition that slipping is reduced to a minimum. 79. Fittings of winding engines.- (1) At every shaft, including a shaft in the course of being sunk, where winding is effected by means of an engine, the provisions of sub-regulation (2) to sub-regulation (8) regarding winding engines shall apply. (2) There shall be on the drum such flanges, and also if the drum is conical or spiral such other appliances, as may be sufficient to prevent the rope from slipping or coiling unevenly. (3) Except in friction winder, the end of the rope shall be securely fixed in such a manner that the rope is not unduly strained. (4) There shall be at least two turns of the rope on the drum when the cage or other means of conveyance is at its lowest working point in the shaft. (5) (a) There shall be provided one or more brakes on the drum or the drum-shaft, which- (i) if there are two cages or other means of conveyance shall hold such cages or other means of conveyance when the maximum torque is applied in either direction; and (ii) if there is only one cage or other means of conveyance shall hold the loaded cage or other means of conveyance in midshaft when the maximum torque is applied downwards.
- 262. 202 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (b) At least one of the brakes shall be so designed that the brake remains at the ‘on’ position except when operated. (c) Where the brake or brakes are power-operated, at least one of them shall be arranged to be applied automatically at all times if the power supply fails. (d) The brake on the drum shall be used only for the purpose of keeping such drum stationary and not for lowering the cage or other means of conveyance, except in cases where the engine is to be worked at a very low speed as when examining the winding rope or the shaft. (6) Where the winding engine is worked by steam or compressed air, a screw stop-valve shall not be used as controlling valve of the engine. (7) Every engine shall be equipped with a reliable depth-indicator (in addition to any mark on the rope) showing to the winding engineman the position of the cage or other means of conveyance in the shaft, and an automatic device that will ring a bell in the engine room when the ascending cage or other means of conveyance is at a distance of not less than two revolutions of the drum from the top of the shaft. (8) The depth-indicator referred to in sub-regulation (7) shall be tested after every adjustment or replacement of the winding rope. 80. Shaft fittings. – (1) At every winding shaft, other than a shaft in the course of being sunk to which the provisions of regulation 84 shall apply, the provisions of sub-regulation (2) to sub-regulation (11) shall have effect. (2) (a) Two independent and efficient means shall be provided and maintained for interchanging separate, distinct and definite signals between the top of the shaft and- (i) the bottom or other permanent landing of the shaft; and (ii) every inset for the time being in use, and one of such system shall be by electrical means. (b) There shall also be provided and maintained efficient means for transmitting signals from the top of the shaft to the winding engineman and all signals shall be transmitted by mechanical or electrical means; (3) In signaling, the following code of signals shall be used and strictly observed: ONE RAP : STOP when engine in motion ONE RAP : RAISE when engine at rest. TWO RAPS : LOWER THREE RAPS : MEN ready to ascend or descend THREE RAPS : IN REPLY men may enter the cage or other means of conveyance: Provided that any other signals shall be in addition to, and shall not interfere with, the foregoing. (4) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the top of the shaft and at every such inset and landing and also in the winding engine room. (5) No person other than the banksman or onsetter shall give any signals unless he is an official of the mine or is authorised in writing by the manager to give signals. (6) Any defect in the signaling system shall be immediately reported to an official who shall take action to have the defects rectified. (7) In addition to the system of signaling provided in this regulation, another effective means of two way communication or telecommunication system shall also be provided so that the winding engine driver, banksman, onsetter, persons travelling inside the cage or any other person can contact and communicate with each other without any difficulty and hindrance. (8) (a)The shaft shall be provided with sufficient number of guides to ensure smooth and safe travel of the cage or other means of conveyance.
- 263. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 203 (b) Where rope guides are used, the cheese-weights or bottom clamps shall be kept so exposed as to permit regular examination. (9) Above the topmost landing, ‘dogs’ or other devices for holding the cage or other means of conveyance in the event of an overwind shall be provided, or the guides, runners or receivers shall be sprung. (10) (a) Except in friction winders, at the top of every shaft where cages are used, suitable keps shall be provided and so arranged as to fall into the ‘on’ position when the operating lever is released. (b) At every inset where keps or folding platforms are provided, arrangements shall be made to lock the keps or platforms securely in the ‘off’ position; and when in the ‘off’ position such keps or platforms shall leave the shaft clear for the passage of the cage. (c) In every such case, a proper automatic indicator to show the position of the keps or platforms, as the case may be, shall be provided in such a position as to be easily seen by the banksman. (11) (a) Protective roofing, sufficient to prevent danger from anything falling in the shaft, shall be provided and maintained at the bottom of the shaft. (b) The gap, both vertical and horizontal, between the protective roofing and the top of cage, when the cage is at the bottom of the shaft, shall not exceed 15 centimeters. 81. Man winding.– (1) At every shaft, other than a shaft in the course of being sunk, where a winding engine is used for the purpose of lowering or raising persons, the provisions of sub-regulation (2) to sub- regulation (17) shall apply. (2) In respect of every part of the winding installation, including pulleys or sheaves, cages, chains, distribution plates and detaching hooks, the following particulars shall be recorded in a bound paged book kept for the purpose, namely: - (a) name of the manufacturer and the year of manufacture; (b) specifications and dimensions; (c) reference to every certificate supplied with the part; (d) date of installation of each part; and (e) any other detail that may be necessary or required by the Regional Inspector. (3) All entries in the book shall be made and signed by the engineer or other competent person, and shall be countersigned and dated by the manager. (4) Whenever any part or article is replaced or any repaired part or article is used in any winding installation, the fact of such replacement or repair shall be recorded in the book kept under sub-regulation (2). (5) (a) A single linked chain shall not be used, except for the short coupling chain attached to a cage or other means of conveyance and such single-linked chain shall be attached to the safety hook through a distribution plate or other approved appliance. (b) Where safety-chains are used, their length shall be such that if the king-bolt breaks, the shock to the cage or other means of conveyance is as slight as possible. (6) Where drum-clutches are provided, the following provisions shall have effect, namely:- (a) the operating gear of the clutch of the drum shall be provided with locking gear to prevent inadvertent withdrawal of the clutch; (b) every engine used for the lowering or raising of persons shall have suitable interlocking device so fitted that it is not possible – (i) to unclutch any drum unless the brakes of such drum are applied; or (ii)to release the brakes until the drum clutch is fully engaged and securely locked; (c) unless the cage or other means of conveyance attached to the drum is resting at the bottom of the shaft, the drum shall not be unclutched unless the winding engineman has assured himself immediately beforehand that the brake is fully applied.
- 264. 204 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (7) Except in friction winders, there shall be provided between the rope and the cage or other means of conveyance, a detaching hook. (8) The space between such detaching hook, measured from the centre of the hole for attaching it to the rope shackle, and the detaching-bell or plate when the cage or other means of conveyance is at its normal position at the top of the shaft, shall be not less than 1.8 meters where a geared engine is used, and not less than 3.6 meters where a direct acting engine is used. (9) In every shaft, the engine shall be fitted with an automatically recording speed indicator. (10) (a) In every shaft, there shall be provided an effective automatic contrivance to prevent overspeeding and overwinding, hereinafter called the ‘Automatic Contrivance”, which shall prevent the descending cage from being landedat the pit bottom or other permanent landing at a speed exceeding 1.5 meters per second and also control the movement of the ascending cage in such a manner as to prevent danger to persons riding therein. (b) The Chief Inspector may, by an order in writing, specify the maximum speed of winding in any shaft. (c) Test of every Automatic Contrivance and every brake shall be made by the engineer or other competent persons appointed for the purpose, in the following manner, namely:- (i) once at least in every seven days, by raising each cage or other means of conveyance, in turn, to pass the last control point above the topmost landing; (ii)once at least in every three months, by attempting to land the descending cage at excessive speed and for the purpose of this test, the setting of the Automatic Contrivance may be altered so that a pre-determined point in the shaft is regarded as the landing; (iii) the results of every such test shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person making the test. (d) Unless the Automatic Contrivance is in full and fixed engagement with the winding engine, it shall be fully engaged, either automatically or by the winding engineman, whenever persons are to be lowered or raised; and an automatic indicator to show that this has been done shall be provided in such a position as to be easily seen by the banksman. (e) The banksman shall not allow any person to enter a cage or other means of conveyance until the indicator shows that the Automatic Contrivance has been fully engaged. (11) In addition to the Automatic Contrivance provided to prevent overwinding, a point shall be fixed and marked on the indicator of the engine in such a way as to show when the cage or other means of conveyance is at a distance of not less than twice the circumference of the drum from the completion of the wind; and if such cage or other means of conveyance contains persons, the winding engineman shall not, as soon as it has reached the point aforesaid, raise it for the remaining distance at a speed exceeding 1.2 meters per second. (12) Where the only means of egress in a mine is by apparatus worked by steam or electricity, precautions shall be taken to ensure that the two winding engines do not fail simultaneously and in particular, in the case of electric winding engines, the engines shall be capable of being connected to two separate power supplies. (13) Unless otherwise directed by the Chief Inspector by an order in writing, the provisions of the sub- regulation (12) shall be deemed to have been complied if an emergency winding gear is maintained. (14) (a) Every cage or other means of conveyance in which persons ride, shall be – (i) covered completely at the top; (ii) closed in at the two sides in a manner sufficient to prevent persons or things from projecting beyond the sides; (iii) provided with a rigid hand-bar fixed in a position where it can be easily reached by all persons in the cage or other means of conveyance; (iv) provided with suitable gates or other rigid fences such that the gap between the floor of cage or other means of conveyance and the lowest part of the gate or fence does not
- 265. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 205 exceed 15 centimeters and that between any two members of the gate or fence does not exceed 25 centimeters. Gates or fences shall not open outwards and they shall be so fitted and maintained that they cannot be accidentally opened; and (v) provided with an effective means of communication or telecommunication system having provisions of audio and visual, data and digital display including a broadcasting system. (b) The floor of every cage or other means of conveyance shall be strongly constructed and so maintained as to prevent any part of the body of a person riding in the cage or other means of conveyance from projecting beyond the floor. (15) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in the same cage or same deck of a cage or other means of conveyance at one time providing approximately 0.20 square metre of floor area per person and a notice specifying the number shall be posted at the top and bottom of every shaft and at every inset. (16) (a) No person shall, when ascending or descending a shaft, take with him any bulky material other than tools and instruments, except when engaged in repairing the shaft or with the written authority of the manager. (b) Except as provided in clause (a), no person shall ride in a cage while materials or tubs are being raised or lowered in any of the cages or other means of conveyance. (17) The Chief Inspector may, subject to such conditions as he may specify, relax the requirements of this regulation if the circumstances in any mine or part thereof are such as to render compliance with such requirements not reasonably practicable. 82. Multi-decks.– Where a cage has two or more decks which are used simultaneously, each floor at a landing shall be connected by an effective signalling device with the main floor of the landing; and only the banksman or the onsetter or an official, as the case may be, at such main floor shall give the action signal after he has satisfied himself that all cage gates are closed. 83. Winding of material.– (1) Every cage used for the raising or lowering of tubs shall be provided with catches or other effective contrivances to prevent the tubs falling out and the cage shall not be set in motion unless the catches or other effective contrivances are in position. (2) The floor of every cage shall be kept clean; and no skip, bucket or tub shall be filled up to such height that any of the contents can fall out. (3) Before long timber, pipes, rails, or other material projecting over the top of the cage or other means of conveyance are lowered or raised, the projecting ends shall be securely fastened to the rope, chain or bow. 84. Winding in sinking shafts.– (1) At every shaft in the course of being sunk, where a winding engine is used, the provisions of sub-regulation (2) to sub-regulation (11) shall apply. (2) If the shaft exceeds 45 meters in depth, there shall be provided for each bucket or other means of conveyance a detaching-hook. (3) Between the centre of the hole for attaching the detaching-hook to the rope shackle and the detaching bell or plate, when the bucket or other means of conveyance is at the top landing, there shall be a clear over-run space of not less than 3.6 metres. (4) Where the shaft exceeds 150 meters in depth ,– (a) the bucket or other means of conveyance, when used for lowering or raising persons, shall be provided with sufficient cover overhead for protection from things falling down the shaft; and (b) there shall be provided for each bucket or other means of conveyance, a sufficient number of guides which shall be kept extended to within 22.5 metres of the shaft bottom at all times when sinking is in progress: Provided that the Regional Inspector may, by an order in writing, require the guides to be provided in a shaft less than 150 meters in depth. (5) (a) There shall be provided and maintained- (i) two separate means of interchanging distinct and definite signals between the bottom and the top of the shaft; and
- 266. 206 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (ii) efficient means for transmitting such signals from the top of the shaft to the winding engineman. (b) The signaling appliances shall be examined by a competent person once at least in every twenty- four hours and the result of every such examination shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination. (c) Except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, the following code of signals shall be used and observed in signaling- ONE RAP STOP when engine in motion ONE RAP TAKE UP SLACK when engine at rest. ONE RAP RAISE SLOWLY TWO RAPS LOWER THREE RAPS TAKE UP SLACK when men are riding: Provided that, any other signals shall be in addition to, and shall not interfere with the foregoing. (d) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the top of the shaft and also in the winding engine room. (e) Except while riding in a bucket or other means of conveyance, no person other than the person authorised in writing by the manager, shall give any signal. (6) Every bucket or other means of conveyance in which persons or materials are conveyed, shall be of strong construction and so maintained as to prevent persons or materials from falling. (7) (a) At the top of the shaft or at the landing where the bucket or other means of conveyance is normally landed, suitable covering with door shall be provided: Provided that, except as may be required for the passage of the bucket or other means of conveyance, the covering and doors shall always be kept closed. (b) Where the shaft exceeds 45 meters in depth, the persons working at the bottom of the shaft shall also be protected by an adequate protective covering, extending over the whole area of the shaft which shall be provided with a door for the passage of the bucket or other means of conveyance, to be kept lowered to within 22.5 metres of the bottom of the shaft at all times when sinking is in progress: Provided that where special circumstances exist, the Chief Inspector may, by an order in writing and subject to such conditions, as he may specify therein, grant an exemption from the provisions of this clause. (8) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in the bucket or other means of conveyance at one time; and a notice specifying such number shall be posted prominently at the top of the shaft. (9) When tools, implements or other materials are lowered or raised, the banksman or an authorised person, as the case may be, shall see that - (i) the bucket is properly loaded; (ii) materials are not loaded above the rim; (iii) long timber, pipes, rails, tools or other material with ends projecting over the rim are securely fastened to the rope, chains or bow; and (iv) the bucket, before being sent away, is steadied, and the bottom and sides thereof are free from adhering material. (10) Where guides are provided, the bucket or other means of conveyance shall be raised slowly from the bottom of the shaft, until the rider is picked up. (11) While persons are at work on any scaffold or platform in the shaft, the following precautions shall be strictly observed, namely:-
- 267. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 207 (i) the scaffold or platform shall be secured to the sides of the shaft in order to prevent it from swinging; (ii) the opening for the passage of the bucket or other means of conveyance, shall be so protected as effectively to prevent anything falling through it; (iii) the scaffold or platform shall not be lowered or raised except under the order of the authorised person or other competent person. 85. Winding ropes, etc.- (1) (a) No rope, bar, link, chain or other attachment to a cage or other means of conveyance shall be used unless it is of good quality and manufacture, is free from any visible defect and is of adequate calculated strength: Provided that the Chief Inspector may, by an order in writing prohibit the use of any rope or type of ropes where, in his opinion such use is unsafe. (b) The attachment between the rope and the cage or other means of conveyance shall be of such type and be maintained in such manner as to obviate accidental disconnection. (c) In case of a doubt, as to the fitness of any rope, bar, link, chain or other attachment used or intended for use, it shall be referred to the Chief Inspector for decision. (2) (a) Except in a sinking shaft less than 30 meters in depth, every winding rope shall be made of cold drawn steel wire, and the gauge of the wires used in the construction of such rope shall be suited to the diameter of the drums, pulleys and sheaves of the winding installation. (b) In any shaft, including a shaft in course of being sunk, where persons are lowered or raised and where guides are not provided, no rope other than a rope of non-spinning type shall be used. (c) No rope which has been spliced shall be used for winding purposes. (d) Subject to such exemption as may be granted by the Chief Inspector in writing and any conditions as he may specify therein, no rope, the breakingload of which at any one point therein is less than ten times the maximum static load on it when the cage or other means of conveyance attached to the end of the rope is at the lowest working point, shall be used. (e) At every mine where a shaft is used for lowering or raising persons, at least one spare winding rope suitable for use in such shaft, shall be kept in store. (3) (a) For every rope in use or intended for use, a certificate showing its breaking load, quality, construction and diameter (obtained from the manufacturer or supplier) and a history of its use, including a record of diameters of the drums, sheaves and pulleys used in conjunction with the rope, shall be kept in a bound paged book kept for the purpose. (b) All entries made in the book referred to in clause (a) shall be signed by the engineer or other competent person, and shall be countersigned and dated by the manager. (c) If in the case of a rope a test certificate as to the amount of its breaking load is not available, it shall not be used unless a portion thereof, not less than three meters in length has been cut off from the end of the rope attached to the cappel and tested in a laboratory, institution or test house approved by the Central Government for the purpose. (4) (a) No winding rope which has been in use for more than three and half years shall be used for winding purposes: Provided that where the Regional Inspector is satisfied that due to sparing use, any such rope is in good condition even after the expiry of the said period, he may, by an order in writing and subject to such conditions as he may specify therein, allow the use of such rope for a longer period. (b) Every application for permission to use a rope after the period of three and a half years aforesaid shall be accompanied by a copy of the entries, in respect of the rope, in the book kept for the purpose under sub-regulation (3), and also by a certificate as to the strength of the rope. (c) The certificate referred to in clause (b) shall relate to a piece of the rope cut off not more than three months prior to the date of the application.
- 268. 208 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (d) If the Regional Inspector is of the opinion that any rope has become unsafe for use in a shaft before the expiry of the period of three and a half years aforesaid, he may, by an order in writing, prohibit the use of such rope for winding purposes. An appeal against any such order may be preferred to the Chief Inspector. (5) (a) No mode or type of capping shall be used, which fails to withstand a load of at least ten times the maximum static load thereon. (b) The cappel of a round rope shall not be attached to the rope by rivets passing through the rope. (c) No bent back wire type cappel shall be used with winding rope. (d) Where white metal is used in the capping of ropes, the tapered portion of the socket shall not be less than six and a half times the diameter of the rope for the size up to 26 millimeter and seven and one third times in case of ropes of diameters higher than 26 millimeter. (e) If white metal is used in the capping of ropes,- (i) its melting point shall not exceed 300 degrees centigrade, and its temperature when poured into the socket shall not exceed 363 degrees centigrade; (ii) in the length of rope which is to lie within the tapered part of the socket, the fibre core, if any, shall be cut and the wires shall be untwisted and thoroughly cleaned; (iii) the socket shall be heated to a temperature of about 100 degrees centigrade before the white metal is poured into it. (6) Except in friction winder,- (a) every rope shall be recapped once at least in every six months, or if necessary, at shorter intervals and also after every overwind; and (b) before every recapping, a length, including the capping, of at least two meters shall be cut off the rope, and every piece of rope so cut-off shall be opened and its internal condition examined. (7) The recapping of rope shall be carried out under the supervision of the engineer or other competent person, who shall record the date and other particulars thereof (including the length of the rope remaining after recapping) in a bound paged book kept for the purpose and shall sign and date the same. 86. Suspension gear.– (1) All parts of the suspension gears shall be of a type as approved by the Chief Inspector. (2) All parts of suspension gear in regular use shall unless otherwise permitted by the Chief Inspector, be renewed after a period of service of not more than six years, and at shorter intervals, if necessary. (3) The factor of safety shall not be less than ten for components of suspension gears and threaded joints shall be avoided: Provided that wherever it is not practicable to avoid a threaded joint, a factor of safety not less than fifteen shall be ensured. (4) (a) All cage chains in general use and all other parts of suspension gear between the rope and the cage or other means of conveyance, including the detaching-hook, shall be taken apart, cleaned and carefully examined as to wear and tear (where necessary by gauging) and for rust and cracks, once at least in every six months, or if necessary, at shorter intervals; and various parts shall be annealed or given other proper heat treatment, in a proper furnace where the temperature can be controlled, before being refitted: Provided that in the case of such chains or gear manufactured from a steel which is not liable to deterioration necessitating annealing or heat treatment, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, grant exemption from the carrying out of this operation: Provided further that detaching hooks used in sinking shafts shall be taken apart, cleaned and carefully examined once at least in every week and the shear pin replaced by a new one every time such examination is carried out.
- 269. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 209 (b) Every detaching bell or plate used in connection with a safety-hook shall be examined, and the opening therein checked by calipers or gauges, once at least in every thirty days. (c) The operations and examinations required under this sub-regulation shall be carried out by or under the supervision of an engineer or other competent person, who shall record the date and other particulars thereof in a bound paged book kept for the purpose, and shall sign and date the same. (5) Non-destructive testing shall also be adopted for testing of vital components of machinery, such as drum shafts, brake tie rods and suspension gears at regular intervals and any harmful crack or flaw detected as a result of such tests shall be immediately reported to the Regional Inspector and use of such machinery or its components shall be discontinued forthwith. 87. Precautions after recapping, etc.- (1) After every installation or recapping of a rope and every renewal or refitting of any suspension gear, the engineer or other competent person shall, after the cages or other means of conveyance fully loaded with materials have made five trips up and down the working portion of the shaft, examine the cappel and other parts of the suspension gear to see that they are in proper working order. (2) A report of every examination made under sub-regulation (1) shall be recorded in the bound paged book kept for the purpose, and shall be signed and dated by the person making the examination. 88. Examination of winding equipment.– (1) It shall be the duty of the engineer or other competent person to examine – (a) once at least in every twenty-four hours, – (i) the attachment of the winding rope to the drum, the depth indicator, every part of the suspension gear in the shaft, including cages or other means of conveyance and their gates, and every external part of the winding apparatus, upon the proper working of which the safety of persons depends; and (ii) the brakes of the winding engines; (b) once at least in every seven days, – (i) each winding rope by passing the rope at a speed not exceeding one meter per second; and (ii) the external parts of the winding engine, the guides and the signaling arrangements fitted in a shaft; (c) once at least in every thirty days, every winding rope, by passing the rope at a speed not exceeding 0.5 meter per second, and for the purpose of this examination, the rope shall be cleaned of any encrusted dirt and grease at all places particularly liable to deterioration and at other places, not more than thirty meters apart throughout the length; and any reduction in the circumference of the rope and the superficial condition of the wires as to wear, corrosion, brittleness and fracture at every such place shall be noted; and (d) once at least in every twelve months, the winding engine as to the condition of its internal parts. (2) A report of every such examination under sub-regulation (1) shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. (3) If on any examination made under sub-regulation(1), there is discovered any weakness or defect by which the safety of persons may be endangered, such weakness or defect shall be immediately reported in writing to the engineer or other competent person and to the manager and the winding installation shall not be used until such weakness or defect is remedied. 89. Gates and fences.– (1) At the top of every shaft and at every inset which is in use, there shall be provided suitable gates or fences which shall effectively close the openings into the shaft at all times when a cage or other means of conveyance is not at the top or the inset. Every such gate at the top of a shaft shall be self-operating. (2) (a) At every landing where it is necessary for persons to pass from one side of the shaft to the other, an adequate bypass shall be provided for enabling them to do so without entering or crossing the shaft and every bypass so provided shall be not less than 1.8 metres high and 1.2 metres wide, which shall be kept clear of all obstructions.
- 270. 210 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (b) No person shall enter or cross, or be permitted to enter or cross the exposed space at the bottom of any working shaft except for the purpose of entering or leaving a cage or other means of conveyance or for undertaking an examination, repair or any other work therein; and no person shall be allowed to work in any such space unless the cages or other means of conveyance, if any, have been stopped and adequate precautions have been taken for the protection of such person. 90. Duties of persons riding or working in shafts.– (1) No person shall get on or off a cage or other means of conveyance after the same has been signaled to be set in motion or leave it until it has reached the appointed stopping place; nor shall any person ride on the top or edge of any cage or other means of conveyance except when engaged in an examination, repair or any other work in the shaft. (2) Every person, when at or about the top or bottom of a shaft or any inset, shall obey the lawful orders and directions of the banksman or onsetter, as the case may be. (3) (a) No person shall carry out any examination, repair or other work in any shaft while winding operations are being carried on; and no winding shall be carried on or permitted while persons are engaged in such examination, repair or work, except where winding is necessary for the same. (b) The person in immediate charge of any examination, repair or work in any shaft shall warn the banksman and the winding engineman that such examination, repair or work is about to be undertaken. (c) Every person while engaged in any examination, repair or other work in a shaft shall be accompanied by at least one other person; and all such persons shall be provided with safety belts of a type approved by the Chief Inspector and effectivelyprotected against the risk of falling. (d) Every person engaged in carrying out an examination, repair or other work in a shaft shall be protected by a suitable covering from objects falling from above and every such person shall also be provided with a protective hat and shall wear the same when so engaged. 91. General precautions.– (1) No unauthorised person shall enter or be allowed, in a winding engine room. (2) No adolescent shall descend or ascend a shaft in a cage or other means of conveyance unless accompanied by one or more adult males. CHAPTER IX HAULAGE 92. Haulage roadways.– (1) The provisions of sub-regulation (2) to sub-regulation (20) shall apply with respect to every length of road or roadway in a mine where materials are transported in tubs by means of gravity or mechanical power. (2) Every such roadway shall- (a) be of adequate dimensions and, as far as practicable, shall be straight and of regular gradient; and (b) have tracks properly laid with rails of adequate section. (3) (a) Pulleys, sheaves and rollers that alter the direction of a rope shall be securely fixed. (b) No person shall guide or adjust a moving rope on to a drum, pulley, sheave or roller except with a lever or other proper appliance. (4) Where haulage is effected by one or more ropes, there shall be provided and maintained - (a) at the top of every inclined plane, at least one stop-block or other effective contrivance to arrest tubs from running or moving out of control; and (b) at least one run away switch or other effective contrivance below the first stop-block or other effective contrivance at a distance greater than the length of a set or train of tubs: Provided that such distance shall not exceed the length of a set or train of tubs by more than 10 meters:
- 271. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 211 Provided further that where the Regional Inspector, by an order in writing so requires, the stop- block and the run away switch or other effective contrivance aforesaid shall be so inter-coupled that they do not remain simultaneously ineffective. (c) an attachment, behind an ascending tub or set or train of tubs, a back-stay, drag or other suitable contrivance for preventing the tub, set or train of tubs running back: Provided that where an endless rope or chain is used, the provisions of this clause shall be deemed to be satisfied if suitable automatic catches or other effective contrivances are provided at suitable intervals along the track to prevent the ascending tubs running back: Provided further that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the operation of this clause on grounds that compliance with the provisions thereof are not reasonably practicable; (d) safety hooks, jazz-rails or other suitable contrivances to prevent runaway in the forward direction; (e) tub re-railers at intervals of not more than 250 meters: Provided that where a tub is re-railed manually, it shall either be detached from the rope or ropes or the haulage engine which works the ropes shall be stopped; and (f) on every haulage roadway exceeding thirty metres in length, effective means of transmitting signals by mechanical or electrical means, from every stopping place on the roadway to the place at which the machinery working the rope is operated: Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in the reverse direction also; (g) if any doubt arises as to whether any means of transmitting signals under clause (f) is effective or not, it shall be referred to the Chief Inspector for decision. (5) The following code of signals shall be used and strictly observed, namely: – ONE RAP STOP when in motion TWO RAPS LOWER or haul in slowly THREE RAPS START when at rest FOUR RAPS RAISE or haul out slowly: Provided that any other signals shall be in addition to, and shall not interfere with the foregoing. (6) A printed copy of the code of signals under sub-regulation (5) including additional signals, if any, shall be posted prominently at the place in which the machinery that works the rope is operated and at all regular stopping places along the roadway. (7) No person other than a competent person or an official shall give any signal. (8) Where in any mine belowground, a system of haulage roadways (and conveyors, if any) extends to a distance of more than 300 meters from the shaft or the entrance to the mine, efficient telephonic communication shall be provided and maintained between the end of every such system and the bottom and top of the shaft or the entrance to the mine, as the case may be: Provided that where travelling is unduly arduous, the Regional Inspector may, by an order in writing, require the provision and maintenance of telephonic communication in any other case also. (9) Where telephones or electrical signals are provided,- (a) adequate precautions shall be taken to prevent signal and telephone wires coming into contact with other cables and electrical apparatus; (b) signal wires shall be supported on insulators, and shall not be energised at more than thirty volts; (c) contact makers shall be so constructed as to prevent accidental closing of the circuit; and (d) in every gassy seam of the second or third degree, all signaling or telephonic communication circuits shall be constructed, installed, protected, operated and maintained in such a manner as to be intrinsically safe.
- 272. 212 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (10) At places where telephone receivers are installed or where signals and safety contrivances are regularly operated, every person using the telephone or operating any such signal or safety contrivance shall be afforded adequate protection against tubs moving out of control. (11) Where any person is allowed to work or pass while the haulage is in motion, manholes for refuge shall be provided at intervals of not more than ten metres: Provided that where the gradient is less than one in six, such manholes may be provided at intervals of not more than twenty metres. (12) Manholes shall be not less than 1.8 metres in height and 1.2 metres in depth, and not less than 0.75 metres but not more than one meter in width: Provided that where the roadway is less than 1.8 metres in height, the manholes may be made to the full height of the roadway: Provided further that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the use as manholes of cross-roadways other than haulage roadways, of dimensions larger than those aforesaid. (13) Where there are serious practical difficulties in providing manholes of the interval and the dimension specified in sub-regulations (11) and (12), the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit manholes to be at greater intervals or of other dimensions. (14) Every manhole shall be kept clean and clear of obstruction, and white washed both inside and for a distance of not less than 0.3 meter around the aperture. (15) As far as practicable, all manholes shall be provided on one side of the haulage roadway. (16) Except where haulage is effected by means of an endless rope or chain, whenever the haulage rope is in motion, every person on the haulage roadway shall take shelter in a manhole. (17) The manager shall, by an order in writing, in respect of every haulage road or roadway, fix the maximum number of loaded or empty tubs to be coupled together to run as a set or train and a notice specifying the number of tubs so fixed shall be posted prominently at the top and at all regular stopping places of the haulage road or roadway. (18) At all places where tubs are coupled or uncoupled, there shall be a clear space of not less than one meter – (a) between, the tubs and one side of the roadway; and (b) where there are two or more tracks also between the adjacent tracks. (19) When any roadway or face is in direct line with a haulage track and persons may be exposed to danger from runaway tubs, a strong buffer or other effective contrivance to prevent such danger shall be provided and maintained. (20) A stop-block or other effective contrivance shall be provided near the entrance of every tramming roadway branching off the main haulage road or roadway, and on every track which slopes towards a shaft. 93. Travelling roadways.– (1) Except when an exemption in writing has been granted by the Regional Inspector and subject to the conditions as he may specify therein, travelling roadways in the intake airways separate from haulage roadways on which haulage is effected by mechanical means or gravity, shall be provided for persons to travel to and from their working places. (2) Every travelling roadway shall – (a) be not less than 1.8 meters high for the entire strech; (b) where the inclination exceeds 30 degrees from the horizontal, be provided with suitable steps or ladders; (c) where the inclination exceeds 45 degrees from the horizontal, be provided, in addition to steps or ladders, with hand rails or ropes so as to ensure safe travel;
- 273. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 213 (d) where the inclination exceeds 60 degrees from the horizontal, be provided, in addition to the steps or ladders and rails or ropes, with suitable platforms at intervals not exceeding 10 meters measured along the slope; (e) be provided with effective means of telecommunication facilities at suitable places; and (f) be provided with adequate number of digital display boards and communication ports through which any important message or information can be easily transmitted or broadcasted to persons working belowground or passing thereby. (3) Except for purposes of inspection, examination or repair, every person other than an official or a haulage attendant shall travel by the travelling roadway. (4) Where persons using a travelling roadway have to cross a conveyor or a haulage worked by mechanical means or gravity, a suitable cross-over or cross-under bridge or other suitable device approved in writing by the Regional Inspector shall be provided. (5) Where a conveyor roadway is required to be used as a travelling roadway, suitable guards or fencing of substantial construction shall be provided throughout such length of the conveyor roadway, which is intended to be used as travelling roadway. (6) In case the travelling distance from the incline or adit mouth or pit bottom exceeds one kilometer or the travelling is arduous, the owner, agent and manager shall provide suitable man-riding arrangement as approved by the Chief Inspector, within one year from the date of coming into force of these regulations. (7) No haulage shall be used for the general conveyance of persons except with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. 94. Tubs and their movement.– (1) On every tub there shall be provided and maintained at each coupling end a strong buffer projecting beyond the end and so arranged that when two such tubs are in tandem, the gap between the innermost ends shall not be less than 20 centimeters. (2) On every side-tipping tub in use, safety-catches shall be provided to prevent accidental tipping and no tub or set or train of tubs shall be set in motion unless all the safety catches are properly secured. (3) The attachment between a rope or locomotive and a tub or set or train of tubs and the attachment between any two tubs in a set or train, shall be of a type approved in writing by the Chief Inspector by a general or special order and so maintained as to obviate accidental disconnection. (4) The state of every buffer and drawbar of every tub in use and of every safety-catch, coupling-chain and other attachment shall be examined once at least in every fourteen days, by a competent person appointed for the purpose and a report of every such examination shall be recorded in a bound paged book kept for the purpose, which shall be signed and dated by the person who made the examination. (5) Each component of coupling shall have factor of safety of not less than seven in relation to maximum static load which shall be ensured by testing at an interval not exceeding three years and record thereof shall be maintained. (6)) When tubs are about to be moved, persons likely to be endangered shall be warned. (7) Two or more tubs shall not be moved by hand in close succession but shall be coupled and moved together: Provided that two tubs shall be deemed to be in close succession when the distance between them at any time is less than 10 meters. (8) No person shall cause or permit a tub to run uncontrolled except with the written permission of the manager: Provided that the Regional Inspector may, by an order in writing, prohibit the uncontrolled movement of tubs at any place if he is of the opinion that such movement is likely to cause danger. (9) No person while taking a tub down a gradient exceeding one in twenty, shall go in front of the tub; and in every case where conditions are such that a person is not in a position to control the tub from behind, he shall not take the tub down unless sprags or other suitable contrivances are used to control it. (10) Where required for use, a sufficient number of sprags of suitable material and dimensions shall be provided.
- 274. 214 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (11) Every tub while standing on a track having a gradient of more than one in twenty shall unless held effectively by brakes or securely coupled to a haulage rope or locomotive, be effectively blocked, chained or otherwise secured. (12) Except where haulage is effected by means of an endless rope, the coupling and uncoupling of tubs shall, as far as practicable, be done only when the tub or set of the tubs, and the rope if connected to the set, is not in motion. (13) As far as practicable, tubs shall not be coupled or uncoupled on a gradient. (14) No person shall ride on any tub or haulage rope. 95. Brakes of haulage engines.- Every haulage engine shall be provided with an effective brake. 96. Haulage ropes.– (1) No rope shall be used for purposes of haulage if it has any serious visible defect over any length orits factor of safety is less than eight. (2) Every rope which is capped shall be recapped once at least in every six months, and if necessary, at shorter intervals, under the supervision of a competent person. (3) No rope which has been spliced shall be used in direct haulages. (4) For every haulage rope in use, a record of size, construction, quality, name of supplier and dates of installation and of recapping shall be kept in a bound paged book kept for the purpose, and all entries therein shall be made by the competent person who shall sign the same and date his signature. 97. Roadway conveyors.– (1) Every roadway conveyor shall be so installed that – (a) between the conveyor and one side of the roadway, there is a travelling space free from obstruction not less than one meter wide; (b) the conveyor or any part thereof does not scrape against wooden props or supports; (c) the anchoring of the return station of the conveyor is independent of the face or roadway support; (d) in case a number of belt conveyors are used in series, safety fittings such as sequential control and sequential interlock shall be provided; and (e) it can be stopped from any place along the entire length of the conveyor by providing pull cord switches or any other suitable system. (2) Where the inclination of the conveyor is such as to give rise to danger from sliding objects or material, suitable device shall be used to provide adequate protection against such danger. (3) On every length of roadway in which a conveyor is installed for transporting loads over a distance exceeding 30 meters, there shall be provided and maintained effective means of transmitting signals from every point on the length of the roadway to the place at which the machinery working the conveyor is operated: Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in the reverse direction also. (4) The conveyor operator and the cabin or place from where the conveyor is operated shall be provided with an effective means of telecommunication along with broadcasting facilities through which the operator can communicate to any person present in the conveyor roadway at any place of the installation and such system of telecommunication shall have facilities of both way communications. (5) Audio-visual pre-start warning alarm shall also be provided in the entire length of the roadway conveyor so as to warn persons of imminent dangers due to starting of the belt conveyor. (6) The manager shall formulate a code of practice for safe installation, operation, maintenance and use of belt conveyor belowground including extension of belt conveyor and shifting it from one place in the mine to another and submit the same to the Regional Inspector at least thirty days before the commencement of the installation of the belt conveyor belowground; and the Regional Inspector may, at any time by an order in writing, require such modifications in the code of practice as he may think fit in the interest of safety. (7) In case the belt conveyor is intended for the purpose of man-riding, the manager shall formulate a separate code of practice for safe installation, operation, maintenance and use of the belt conveyor for the
- 275. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 215 said purpose in a specified location in the mine and shall submit the same to the Chief Inspector at least ninety days before the commencement of the installation of the said belt conveyor seeking permission for the said use: Provided that no such system shall be put in use except with the permission in writing and in accordance with such conditions as the Chief Inspector may specify therein. (8) The Chief Inspector may at any time by an order in writing modify or revoke the permission granted under the proviso to sub-regulation (7) as he may think fit in the interest of safety of persons using the same. (9) The manager and engineer shall both be responsible for implementation of the code of practice. (10) Adequate arrangement shall be provided in the belt conveyor to ensure that it gets automatically stopped,- (a) in case of excessive friction between the belt and the drum, roller, scrapper, deflectors, guides or any other obstruction caused either due to spillage or otherwise; (b) in case of breakage of the belt; and (c) in case of fire or heating in the belt conveyor or in the vicinity thereof. 98. Examination of haulage engines.– (1) It shall be the duty of a competent person to examine carefully- (a) once at least in every twenty-four hours, every haulage engine, brake-wheel, rope and other appliance in use; and (b) once at least in every seven days, every track where the haulage is effected by means of mechanical power or gravity, and every safety contrivance fitted thereon. (2) A report of every such examination under sub-regulation (1) shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. 99. Examination of haulage and travelling roadways.– It shall be the duty of the overman or other competent person to examine carefully, once at least in every seven days, the state of all haulage and travelling roads and roadways, including roadways leading to all the outlets of the mine which are in use and a report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person who made the examination. 100. Locomotives.– (1) No locomotive shall be used belowground otherwise than in accordance with the permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) No locomotive shall be used where the gradient of the track exceeds one in fifteen. (3) No person other than the driver shall ride on any locomotive unless authorised in writing to do so by the manager. (4) Except during shunting operations, the locomotive shall lead the tubs or set or train of tubs. 101. Roads for trucks and dumpers. – The design, construction, dimensions and layout of haul roads (including ramps) and of parapet walls or embankments or berms, to be provided along the edge of any road that exists above the level of surrounding area or of any spoil or coal dump, shall be as per the standards and parameters specified in a general order in writing, by the Chief Inspector. 102. Movement of wagons.– (1)The movement of railway wagons shall be carried on under the supervision of a competent person. (2) Before wagons are moved, persons likely to be endangered shall be warned by the competent person appointed under sub-regulation (1). (3) No person shall move or attempt to move a wagon by pushing at the buffer, or by pulling from in front. (4) Where two or more wagons are moved simultaneously, the wagons shall be coupled together which shall be moved only by pushing from the sides or from behind the last wagon: Provided that the number of such wagons shall not exceed the number which can be effectively controlled.
- 276. 216 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (5) No locomotive or wagon shall be moved when the natural light is insufficient, unless the approaching end is distinguished by a suitable light or is accompanied by a person carrying a lamp. (6) No person, other than the competent person referred to in sub-regulation (1), shall pass immediately in front of wagons moving under bins or screens, nor between moving wagons and the under- structure of the bins or screens. (7) No person shall be upon the buffer of a locomotive or wagon in motion unless there is a secure hand-hold, or stand thereon and unless there is also a secure footplate. (8) No person shall pass over the coupling between any two wagons while the wagons are moving. (9) No person shall cross a line of rails by crawling or passing underneath a train or wagon, nor shall a person sit or sleep underneath a wagon. (10) Wherever railway wagons are specially placed so as to afford a thoroughfare, such thoroughfare shall be not less than five meters in width. (11) No material shall be placed or dumped within 1.2 meters from either side of a track of rails. (12) All space between the rails at switches and crossings in which the foot of a person is liable to be caught shall be kept filled with concrete, tar, asphalt, or wooden blocks. 103. Fencings and gates.– (1) Where any haulage road, tramline, rail line or haul road passes over a public road, suitable gates shall be provided to prevent danger to public from a moving tub, set or train of tubs, locomotive or machinery and every such gate shall be fitted with a danger signal, and when the natural light is insufficient, also with warning lamps. (2) Where occupied buildings are situated within 15 meters of any haulage road, tramline, rail line or haul road, a substantial fence shall be provided and maintained between such buildings and the haulage road, tramline, rail line or haul road. CHAPTER X MINE WORKING 104. Safety management plan.- (1) The owner, agent and manager of every mine shall- (a) identify the hazards to health and safety of the persons employed at the mine to which they may be exposed while at work; (b) assess the risks to health and safety to which employees may be exposed while they are at work; (c) record the significant hazards identified and risks assessed; (d) make those records available for inspection by the employees; and (e) follow an appropriate process for identification of the hazards and assessment of risks. (2) The owner, agent and manager of every mine, after consulting the safety committee of the mine and Internal Safety Organisation, shall determine all measures necessary to- (a) eliminate any recorded risk; (b) control the risk at source; (c) minimise the risk; and (d) in so far as the risk remains, (i) provide for personal protective equipment; and (ii) institute a program to monitor the risk to which employees may be exposed. (3) Based on the identified hazards and risks, the owner, agent and manager of every mine shall prepare an auditable document called “Safety Management Plan”, that forms part of the overall management and includes organisational structure, planning, activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining a safety and health policy of a company.
- 277. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 217 (4) It shall be the duty of the owner, agent and manager to implement the measures determined necessary and contained in the Safety Management Plan for achieving the objectives set out in sub- regulation (2) in the order in which the measures are listed in the said sub-regulation. (5) The Safety Management Plan shall contain- (a) defined mine safety and health policy of the company; (b) a plan to implement the policy; (c) how the mine or mines intend to develop capabilities to achieve the policy; (d) principal hazard management plans; (e) standard operating procedures; (f) ways to measure, monitor and evaluate performance of the safety management plan and to correct matters that do not conform with the safety management plan; (g) a plan to regularly review and continually improve the safety management plan; (h) a plan to review the safety management plan if significant changes occur; and (i) details of involvement of mine workers in its development and application. (6) The owner, agent and manager of every mine shall periodically review the hazards identified and risks assessed, to determine whether further elimination, control and minimisation of risk is possible and consult with the safety committee on review. (7) The owner, agent or manager of every mine shall submit a copy of the Safety Management Plan to the Regional Inspector who may, at any time by an order in writing, require such modifications in the plan as he may specify therein. (8) The owner, agent and manager of every mine shall be responsible for effective implementation of the Safety Management Plan. 105. Manual opencast working.– In manual opencast workings, the following precautions shall be observed, namely: - (1) In alluvial soil, morum, gravel, clay, debris or other similar ground,- (a) the sides shall be sloped at an angle of safety not exceeding 45 degrees from the horizontal or such other angle as the Regional Inspector may permit by an order in writing and subject to such conditions as he may specify therein; or (b) the sides shall be kept benched and the height of any bench shall not exceed 1.5 meters and the breadth thereof shall not be less than the height: Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt from the operation of this clause in any working in the case of which special difficulties exist, which, in his opinion, make compliance with the provisions thereof not reasonably practicable. (2) Where any pillar is left ‘in situ’ for the purpose of measurement, its height shall not exceed 2.5 meters; and where the height of such pillar exceeds 1.25 meters, the base of the pillar shall not be less than 1.5 meters in diameter. (3) In coal, the sides shall either be kept sloped at an angle of safety not exceeding 45 degree from the horizontal, or the sides shall be kept benched and the height of any bench shall not exceed three meters and the breadth thereof shall not be less than the height: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt, from the operations of this sub-regulation, any working, in the case of which special difficulties exist which in his opinion make compliance with the provisions thereof not reasonably practicable. (4) In an excavation in any hard and compact ground or in prospecting trenches or pits, the sides shall be adequately benched, sloped or secured so as to prevent danger from fall of sides: Provided that the height of the bench shall not exceed six meters.
- 278. 218 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (5) No tree, loose stone or debris shall be allowed to remain within a distance of three meters from the edge or side of the excavation. (6) No person shall undercut any face or side or cause or permit such undercutting as to cause any overhanging. 106. Mechanised opencast working.- (1) In all mechanised opencast workings, the precautions specified in sub-regulation (2) to sub-regulation (6) shall be observed. (2) Before starting a mechanised opencast working, the owner and agent of the mine shall ensure that the mine, including its method of working, ultimate pit slope, dump slope and monitoring of slope stability, has been planned, designed and worked as determined by a scientific study and a copy of the report of such study has been kept available in the office of the mine: Provided that in case of mines where such a study has not been made, it shall be the responsibility of the owner and agent to get the said study made within one year from the date of coming into force of these regulations. (3) The owner, agent and manager of every mechanised opencast mines shall ensure that the recommendations made in the report of scientific study referred to in sub-regulation (2) are complied with. (4) The height of the benches in overburden consisting of alluvial soil, morum, gravel, clay, debris or other similar ground shall not exceed 3 meters and the width thereof shall not be less than three times the height of the bench. (5) The height of benches in coal and overburden of rock formation other than that mentioned in sub- regulation (4) shall not be more than the digging height or reach of the excavation machine in use for digging, excavation or removal, and the width thereof shall not be less than - (a) the width of the widest machine plying on the bench plus two meters; or (b) if dumpers ply on the bench, three times the width of the dumper; or (c) the height of the bench, whichever is more. (6) Notwithstanding anything contained in sub-regulations (2), (4) and (5), the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, require or permit the height and width of benches in variance with aforesaid. 107. Reclamation.- All excavations made by opencast mining shall be suitably reclaimed by back filling or by any other means. 108. Spoil-banks and dumps.- (1) While removing overburden, the top soil shall be stacked at a separate place, so that, the same is used to cover the reclaimed area. (2) The slope of a spoil bank shall be determined by the natural angle of repose of the material being deposited but, in any case, shall not exceed 37.5 degrees from the horizontal: Provided that where in any mine, a steeper slope of spoil bank has been recommended as a result of a scientific study by any scientific agency or institution, having expertise in slope stability, the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit a steeper slope of the spoil bank. (3) Loose overburden and other such materials from opencast workings or other rejects from washeries or from other sources shall be dumped in such a manner that there is no possibility of dumped material sliding. (4) Any spoil bank exceeding 30 metre in height shall be benched so that no bench exceeds 30 metre in height and the overall slope shall not exceed 1 vertical to 1.5 horizontal. (5) The toe of a spoil-bank shall not be extended to any point within 100m of a mine opening, railway or other public works, public road or building or other permanent structure not belonging to the owner. (6) A suitable fence shall be erected between any railway or public works or road or building or structure not belonging to the owner and the toe of an active spoil bank so as to prevent unauthorised persons from approaching the spoil-bank.
- 279. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 219 (7) No person shall approach or be permitted to approach the toe of an active spoil bank where he may be endangered from material sliding or rolling down the face. (8) Adequate precautions shall be taken to prevent failure of slopes of the spoil banks or dumps. 109. Transport rules.- (1) The manager of every mine shall frame and enforce a code of transport rules with due regard to the size and capacity of the transportation machinery in use and prevailing local conditions and a copy of the same shall be submitted to the Regional Inspector, who may, at any time, by an order in writing require such modifications in the transport rules, as he may specify therein: Provided that in mines where such machinery are already in use, the aforesaid transport rules shall be framed and enforced within ninety days from the date of coming into force of these regulations. (2) The manager shall hand over copies of the transport rules to all operators, drivers and officials concerned and shall also post such copies at all conspicuous places in the mine in languages comprehensible by the workers. (3) The Manager and such officials shall each be responsible for securing effective compliancewith the provisions of the transport rules, and no mine or part of a mine shall be worked in contravention thereof. 110. Codes of practice.- (1) The manager of every mine shall, before introducing any machinery or new operation connected with his mine, frame and enforce “code of practice”, not being inconsistent with the Act or these regulations, for each such machinery or operation, as the case may be. (2) The codes of practice shall be framed with due regard to the type, size and capacity of the machinery or operation in use and prevailing local conditions and a copy of the same shall be submitted to the Regional Inspector, who may at any time, by an order in writing, require such modifications in the codes as he may specify therein: Provided that in mines where such machinery are already in use or operations in practice, the said codes of practice shall be framed and enforced within ninety days from the date of coming into force of these regulations. (3) The codes of practices, inter alia, shall provide for– (a) safe operating procedures for the machinery or operation to which it relates to; (b) examination and testing of the machinery before first use after erection, installation, re- installation, modification, alteration, maintenance or repair; (c) schedule and nature of examination and testing of the machine, including its sub-assemblies, so as to ensure its safe operation; (d) the manner in which the records of examination shall be kept. (4) The owner, agent or manager of every mine shall hand over copies of such code of practices to concerned officials and persons and ensure effective enforcement thereof. (5) A copy of the codes of practice framed under sub-regulation (3) shall always be kept in the office of the mine and also at respective places of such operation or machinery. 111. Development work.- (1) The dimensions of pillars and galleries, and the shape of pillars, formed in any seam or section shall be such as to ensure stability during the formation and extraction of pillars, and during the period between such formation and extraction. (2) Save with the previous permission in writing of the Regional Inspector and subject to such conditions as he may specify therein, no gallery in a seam or section shall exceed three meters in height or 4.8 meters in width at any place. (3) The pillars formed in any seam or section shall normally be rectangular in shape. (4) The distance between the centres of any two adjacent pillars left in a seam or section shall not be less than that specified in the table below as corresponding to the depth of the seam or section from the surface at that point and the width of the galleries in the working in question.
- 280. 220 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Table Depth of seam from surface Where the width of the galleries does not exceed 3.0 meters Where the width of the galleries does not exceed 3.6 meters Where the width of the galleries does not exceed 4.2 meters Where the width of the galleries does not exceed 4.8 meters The distance between centres of adjacent pillars shall not be less than (1) (2) (3) (4) (5) Meters Meters Meters Meters Not exceeding 60 meters 12.0 15.0 18.0 19.5 Exceeding 60 but not exceeding 90 meters 13.5 16.5 19.5 21.0 Exceeding 90 but not exceeding 150 meters 16.5 19.5 22.5 25.5 Exceeding 150 but not exceeding 240 meters 22.5 25.5 30.5 34.5 Exceeding 240 but not exceeding 360 meters 28.5 34.5 39.5 45.0 Exceeding 360 meters 39.0 42.0 45.0 48.0 (5) The Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, exempt a mine or part thereof to form pillars in variance to that specified in the sub-regulations (3) and (4). (6) Nothing in sub-regulation (2), (3), (4) and (5) shall apply to workings in a mine made before 7th September, 1926 and the following provisions shall apply to all workings made prior to said date, except during the extraction or reduction of pillars,- (a) if the distance between the centers of adjacent pillars is smaller than that specified in the table under sub-regulation (4), the pillars shall not be further reduced; or (b) if the distance between the centers of adjacent pillar is not smaller than that specified in the table under sub-regulation (4), the pillars shall not be so reduced as to render such distance smaller than – (i) the distance so specified; or (ii) any distance required in this behalf by the Chief Inspector; and (c) the height and width of the galleries shall not be further increased without the permission in writing of the Regional Inspector and subject to such conditions as he may specify therein. (7) In the case of all workings, where in the opinion of the Regional Inspector the dimensions of pillars or galleries are such as to render that crushing of pillars or the premature collapse of any part of the workings is likely to occur either before or during the extraction of pillars, he may, by an order in writing, require such modification of the dimensions aforesaid in respect of any future working as he may specify. 112. Depillaring operations.– (1) No extraction or reduction of pillars shall be commenced, conducted or carried out except with the previous permission in writing of the Regional Inspector and in accordance with such conditions as he may specify therein. (2) An application, for permission under sub-regulation (1) shall be accompanied by two copies of an up-to-date plan of the area where pillars are proposed to be reduced or extracted, showing the proposed extent of extraction or reduction of pillars, the manner in which such extraction or reduction is to be carried out, the thickness and depth of the seam, the nature of the roof, and the rate and direction of dip. (3) The extraction or reduction of pillars shall be conducted in such a way as to prevent, as far as possible, the extension of a collapse or subsidence of the goaf over pillars which have not been extracted. (4) Save as otherwise provided under sub-regulation (5), no pillars shall be reduced or split in such a manner as to reduce the dimensions of the resultant pillars below those required by regulation 111 or by any order made thereunder, nor shall any gallery be so heightened as to exceed three meters.
- 281. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 221 (5) During the extraction of pillars, no splitting or reduction of pillars or heightening of galleries shall be effected for a distance greater than the length of two pillars ahead of the pillar that is being extracted or reduced: Provided that where pillar extraction is about to begin in a district, such splitting or reduction of pillars or the heightening of galleries shall be restricted to a maximum of four pillars. (6) The width of the split-galleries shall not exceed the width specified for galleries under sub- regulation (4) of regulation 111. (7) The Regional Inspector may, by an order in writing and stating the reasons therefor, relax or restrict the provisions of sub-regulation (4) or sub-regulation (5) in respect of any specified workings to such extent and on such conditions as he may specify therein. (8) Where the method of extraction is to remove all the coal or as much of the coal as practicable, and to allow the roof to cave in, the operations shall be conducted in such a way to leave as small an area of un- collapsed roof as possible with due regard to danger from an air blast or weighting on pillars, and suitable means shall be adopted to bring down the goaf at regular intervals wherever possible. (9) Where the voids formed as a result of extraction are stowed with sand or other materials, the owner, agent or manager shall, on or before the 10th day of every month submit to the Regional Inspector a statement giving the quantity of coal raised and the quantity of sand or other material stowed in every district during the preceding month. 113. Extraction of Coal by method other than bord and pillar system.– (1) No development or extraction of coal by a system other than bord and pillar system shall be commenced, conducted or carried out except with the previous permission in writing of the Chief Inspector and in accordance with such conditions as he may specify therein. (2) An application for permission under sub-regulation (1), shall be made accompanied by two copies of an upto date plan of the area where such development or extraction is proposed, showing details such as the manner and proposed extent of development or extraction. 114. Saving.- (1) Nothing in regulation 111 or regulation 112 shall prevent the driving of any gallery through any pillar or the enlargement of any gallery beyond the limits specified by or under these regulations, where in the opinion of the manager such work is necessary for haulage, ventilation, drainage or any other purpose necessary for the proper working of the mine, if fourteen days’ previous notice in writing of the intention to commence such work has been given to the Regional Inspector. (2) Every notice under sub-regulation (1) shall be accompanied by an offset plan showing details of the operation. (3) If in the opinion of the Regional Inspector such work under sub-regulation (1) is likely to endanger the stability of the workings, he may, by an order in writing, require the completion, before commencing such drivage or enlargement, of such protective works as he may specify therein. 115. Roads and working places.- (1) The roof and sides of all working places and travelling roadways, including airways and travelling roadways to second outlets, shall be made and kept secure. (2) Necessary arrangements shall be made to prevent premature collapse of workings; and adequate steps shall be taken to isolate, control or remedy any such collapse which may occur. (3) Whenever crush of pillars or any symptom of an impending collapse other than ordinarily caused by pillar extraction is detected, the manager shall inform the Regional Inspector forthwith. 116. Powers of Inspectors.– (1) If in any mine or part thereof, it appears to the Regional Inspector that the provisions of regulations 105, 106, 111, 112 and 115 or of any order issued under any of these regulations have not been complied with, he may give notice in writing to the owner, agent or manager requiring him to take such protective measures, within such time, as he may specify in the notice. (2) In case of non-compliance with the requirements of the notice issued under sub-regulation (1), the Regional Inspector may, by an order in writing, prohibit the extraction of coal in the part or parts of the mine in which protective measures are required to be taken, until the requirements specified in the notice are complied with.
- 282. 222 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 117. Pointing out of contraventions during inspections.- (1) If the Chief Inspector or an Inspector, during his inspection of any mine, finds or comes to know about contravention of any of the provision of the Act or the regulations, rules, bye-laws or orders made thereunder, he shall enter such contravention in an interleaved, paged and bound register maintained in a Form as may be specified by the Chief Inspector for the purpose, and shall also point out such contravention to the owner, agent or manager, if present on the spot. (2) The Chief Inspector or the Inspector making the entry of the contraventions in the register referred to in sub-regulation (1) shall duly sign such entries with date, and take a carbon copy of the entries for his record: Provided that the Chief Inspector or the Inspector need not enter such contravention which require confirmation after a survey or further examination, and he may subsequently intimate the owner, agent or manager, specifying the contravention, if confirmed, and also any other contraventions which were, by inadvertence, not entered in the said register: Provided further that an entry made in the register or the absence of an entry therein, as also a communication in pursuance with the first proviso or absence thereof, shall not in any way limit the duties or obligations of a person under the Act or the regulations, rules, bye-laws or orders made thereunder. (3) When an entry is made in the register, – (a) the owner, agent and manager shall each be deemed to know what is contained in that entry; and (b) a copy thereof shall be displayed within one day of the date of such entry on the notice board of the mine for not less than fifteen days. (4) The owner, agent or manager of the mine shall return one copy, within a period not exceeding fifteen days from the date of the entry, to the Chief Inspector or the Inspector who made the entry with remarks thereon showing the action taken to remedy the contravention and the date on which such action was taken. (5) The register shall– (a) be kept available for inspection in the office of the mine for a period of at least three years after the date of making of the last entry in it; and (b) not be removed therefrom before the expiry of the said period, except by or with the previous approval in writing of the Regional Inspector. 118. Multi-section and contiguous working.- (1) No work in a higher seam or section shall be done over an area in a lower seam or section which may collapse. (2) No working shall be made in more than one section in any seam, nor shall workings be made in any two seams lying within nine meters of each other, without the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (3) Every application for permission under sub-regulation (2) shall be accompanied by two copies of a plan showing the proposed layout of the workings, section of the seam or seams, the depth of the seams from the surface, the rate and direction of dip, the proposed dimensions of pillars and galleries in each seam or section, and the thickness of the parting between the seams or sections. (4) Where two or more such seams or sections are worked in a mine, the pillars in one seam or section shall, as far as practicable, be vertically above or below the pillars in the other seam or section unless the strata are inclined at an angle of more than 30 degrees from the horizontal. (5) The parting left between any two seams or sections shall not be less than three meters in thickness at any place: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require a smaller or greater thickness of parting, as the case may be. 119. Working under railways and roads, etc.– (1) No working shall be made and no work of extraction or reduction of pillars shall be conducted at, or extended to, any point within 45 meters of any railway, or of any public works in respect of which this regulation is applicable by reason of any general or special order of the Central Government, or of any public road or building, or of other permanent structure not
- 283. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 223 belonging to the owner of the mine, without the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) Every application for permission under sub-regulation (1) shall specify the position of the working of the mine in relation to the railway or public road or works or building or structure concerned, the manner in which it is proposed to carry out the intended operations, and the limits to which it is proposed to carry out the said operations; and shall be accompanied by two copies of a plan showing the existing and the intended mining operations in so far as they affect the railway or public road or works or building or structure concerned. (3) Every copy of the application for permission referred to in sub-regulation (2) shall also be sent in the case of a railway, to the railway administration concerned; and in the case of any public works as aforesaid, to such authority as the Central Government may direct by general or special order. (4) Notwithstanding anything contained in these regulations, the stability of such railway, road, works, building or structure shall not be endangered until it has been dismantled, diverted or vacated, as the case may be. (5) Where the stability of such railway, road, works, buildings or structure has been endangered due to any mining operations, the Chief Inspector may, by an order in writing, require the owner to construct in the mine belowground or on the surface such protective works within such time as he may specify in the order. 120. Protective work before a mine is closed.- (1) The Chief Inspector may, by an order in writing, require the owner of any mine to which regulation 5 applies, to construct in the mine belowground or on the surface such protective works within such time as he may specify therein. (2) If the owner fails to construct such protective works within the time specified in the order referred to in sub-regulation (1), the Chief Inspector may get the work executed by any other agency, and the cost thereof, as certified by the Chief Inspector, shall be defrayed by the owner of the mine and recoverable from him as an arrear of land revenue. (3) Until the protective work have been constructed to the satisfaction of the Chief Inspector, the means of entering the mine at not less than two entrances shall be kept intact and in working order. 121. Working near mine boundaries in belowground mines.– (1) The owner, agent or manager of every belowground mine shall have fixed boundaries of the mine and notwithstanding anything contained in sub- regulation (2), these shall not be changed except with the express permission of the Chief Inspector in writing and subject to such conditions as he may specify therein. (2) No working shall be made within a distance equal to half the distance as specified in column (5) of table under sub-regulation (4) of regulation 111, corresponding to the depth of the seam being worked, of the boundary of any mine and in case of a disputed boundary no working shall be made within the said distance of the boundary claimed by the owner of an adjacent mine until such time as a binding agreement has been reached as to the correct boundary or the question has been finally determined by a court of law: Provided that, where work is done in more than one seam, the barrier kept at the boundary shall, as far as practicable, be vertically coincident and of the same dimensions: Provided further that, where the working of any seam, for any reason, are extended or get extended within any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in writing, require the owner to construct such protective works within such time as he may specify in the order. (3) Notwithstanding anything contained in sub-regulation (2), the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require to extend or restrict the working of any mine or part thereof in variance with the provisions of this regulation. 122. Working near mine boundaries in opencast mines.– (1) The owner, agent or manager of every opencast mine shall have fixed boundaries of the mine and notwithstanding anything contained in sub- regulation (2), the boundary shall not be changed except with the previous permission of the Chief Inspector in writing and subject to such conditions as he may specify therein: Provided that if any mine consists of two or more separate excavations and if, in the opinion of the Chief Inspector, they are not sufficiently near to one another to permit daily personal supervision being
- 284. 224 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] exercised by one manager, the Chief Inspector may, by an order in writing, require the mine to be split into two or more separate mines. (2) No working shall be made within a distance of 7.5 meters of the boundary of any mine and, in case of a disputed boundary, no working shall be made within a distance of 7.5 meters of the boundary claimed by the owner of an adjacent mine until such time a binding agreement has been reached as to the correct boundary or the question has been finally determined by a court of law: Provided that, where the workings of any mine, for any reason, are extended or get extended within any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in writing, require the owner to construct such protective works within such time as he may specify in the order. (3) Notwithstanding anything contained in sub-regulation (2), the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require to extend or restrict the working of any mine or part thereof in variance with the provisions of this regulation. 123. Strata Control and Monitoring Plan.– (1) (a) The owner, agent and manager of every mine shall prepare, formulate and implement a Strata Control and Monitoring Plan (SCAMP) based on scientific study considering the geotechnical data, information and the method of development and extraction of coal or the excavation required therefrom, which also includes a support plan to secure the roof and sides of belowground workplaces, and shall be subject to revision with change in condition, for all workings belowground. (b) The owner, agent and manager shall submit a copy of the Strata Control and Monitoring Plan (SCAMP) to the Regional Inspector who may, at any time by an order in writing, require such modification as he may specify therein. (2) The owner, agent and manager of every mine having workings below ground shall, before commencing any operation, frame, in consonance with the Strata Control and Monitoring Plan framed under sub-regulation (1) and with due regard to the engineering classification of strata, local geological conditions, system of work, mechanisation, and past experience, and enforce the support plan specifying in relation to each working place the type and specifications of supports and their intervals: Provided that in respect of a mine where development operations are already in progress, the support plan shall be framed and enforced within thirty days of the date of coming into force of these regulations. (3) The manager shall, at least thirty days before the commencement of any operation, submit a copy of the support plan framed under sub-regulation (2) to the Regional Inspector who may at any time, by an order in writing, require such modification in the plan as he may specify therein. (4) The Manager shall hand over copies of the support plan framed under sub-regulation (1) and (2), in English as well as in a local language understood by majority of the persons employed in the mine, together with illustrative sketches, to all supervisory officials concerned including the assistant manager and shall also post such copies at all conspicuous places in the mine. (5) The manager and such supervising officials shall be responsible for securing effective compliance with the provisions of the support plan framed under sub-regulation (1) and (2), and no mine or part of a mine shall be worked in contravention thereof. (6) The support plan shall include inter alia, system of, monitoring of the support performance, measurement of strata behaviour, re-setting of supports, provision of temporary support, replacement of old supports, withdrawal of supports and clearing of falls of ground. (7) The support plan shall also include the implementation strategy of the plan, training and inspection and supervision policies. (8) The owner, agent or manager shall formulate and implement a code of standing orders specifying – (a) the system and the organisation for procurement and supply of supports of suitable material, of adequate strength and in sufficient quantity where these are required to be readily available for use; (b) the method of handling including dismantling and assembling where necessary and transportation of the supports from the surface to the face and from the face line to their new site;
- 285. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 225 (c) the system and the organisation for maintenance and checking of supports, dressing the roof and sides, erecting, examining and re-tightening of supports and re-erecting dislodged supports, including the use of appropriate tools; (d) the panel of competent persons for engagement as substitutes in the event of a regular supportsman or dresser absenting from duty; and (e) the manner of making all concerned persons such as loaders, dressers, supportsmen, shortfirers, sirdars, overmen and assistant managers including persons empanelled for engagement as substitute supportsman or dresser fully conversant with the support plan and the codes of standing orders under this sub-regulation and under regulation 129 and the nature of work to be performed by each in that behalf. 124. Setting of support.– (1) Every prop shall be set securely on a sound foundation and shall be kept tight against the roof. (2) Where a prop is set on sand or, other loose material, a flat base-piece not less than 5 centimeter in thickness, 25 centimeters in width and 75 centimeters in length shall be used. (3) The lid used over a prop shall have a width not less than the diameter of the prop, a thickness not less than 8 centimeters and a length not less than 50 centimeters. (4) Every bar set for supporting the roof of a roadway shall be set securely on props or on cogs or shall be securely fixed on the sides of the roadway in holes at least 50 centimeter deep made in the sides of the roadway and shall be made and kept tight against roof and where lagging is necessary the number of laggings shall not be less than one for every meter length of the bar and the laggings shall be made and kept tight against the roof. (5) Every cog used as a support shall be well built and set on the natural floor or on a secure foundation, and shall be made and kept tight maintaining maximum possible contact against the roof. (6) In case of timber for erection of a cog, it shall be sufficient to joggle two opposite sides, provided that only four sides sawn sleepers shall be used for goaf edge supports in depillaring panels. (7) The cogging members shall be not less than 1.2 meters in length. (8) Before erecting cogs in a depillaring area, props shall be erected at the corners of each cog. (9) In inclined seams, the supporting props and cogs shall be so set as to ensure maximum support having regard to the inclination of the seam or roadway and probable strata movement and where necessary such supports shall be reinforced to prevent displacement. (10) Every ledge and every prominent crack or slip in the roof shall be kept supported with at least a pair of cogs and or cross-bars suitably lagged. (11) Overhanging sides shall be dressed down: Provided that where this is not practicable, stay props or other suitable means of support shall be erected at intervals not exceeding one meter. (12) Where sand or other material is stowed or a pack is formed for the purpose of support, it shall be packed or made as tight against the roof as practicable over its whole area. (13) Roof and sides and support shall be tested as often as necessary; and except where it is no longer necessary for the purpose of support, any support loosened, broken or dislodged by or removed in any operation shall be tightened, replaced or reset with the least possible delay and particularly before persons are allowed to pass or resume work after an interruption. (14) Where floor coal or roof coal is taken, shorter props shall be replaced with longer props. (15) In every place wherein roof coal is taken or a fall of roof or sides has occurred, no work of cleaning the dislodged coal or the fall or any part thereof shall be undertaken nor shall any person be allowed to pass, until the newly exposed roof and sides in the vicinity thereof have been examined and made safe, if necessary, by temporary supports. (16) Notwithstanding anything contained in sub-regulation (9), (13), (14) or sub-regulation (15), only such minimum number of persons may be engaged under the supervision of a sirdar or overman as may be necessary for securing the roof and sides thereat.
- 286. 226 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (17) Where roof bolts are used for support, the bolts shall be securely fixed in place. (18) Powered supports, hydraulic chocks or link-bars shall be advanced as soon as practicable after a web of coal has been taken off the face so as to ensure that the area of unsupported newly exposed roof is kept to a minimum. (19) Powered supports, hydraulic chocks, props and friction props shall be set securely and checked from time to time. (20) When any defect is detected in any powered support or hydraulic chock, the same shall be attended to as soon as possible and any defective hydraulic or friction prop shall be replaced immediately. (21) Where, by reason of any irregularity in the roof, floor or sides or due to any other reasons, any powered support or hydraulic chock becomes ineffective, conventional supports in sufficient number shall be used. 125. Withdrawal of supports.- (1) Whenever supports are to be withdrawn, the withdrawal shall be done in such manner as the manager may by orders specify. (2) The orders referred to in sub-regulation (1) shall cover - (a) the supply and use of appropriate tools and safety contrivances; (b) the setting of extra supports to control the collapse of roof from which supports are being withdrawn; (c) the sequence of withdrawal of supports; withdrawal of a cog to precede withdrawal of its corner props; (d) safe positioning of the persons engaged in the operation and all other persons present nearby; (e) training of competent persons who are entrusted with the operations; and (f) supervision during withdrawal of supports. (3) In every mine where powered supports are used, it shall be the duty of the owner, agent and manager to prepare a plan for the installation of powered supports and a plan for their withdrawal and transport. (4) The plan referred under sub-regulation (3), shall be reviewed and approved, with or without any necessary amendment by the Regional Inspector before implementation. 126. Provision of roof canopies or cabs.– (1) Electrical, battery, or diesel-powered, self-propelled machinery including side discharge loaders, load haul dumpers, coal haulers and shuttle cars used belowground in coal mines shall be provided with substantially constructed roof canopies or cabs which shall give adequate protection against falling of ground from the roof or sides. (2) The cabin or seat of the operator provided in such machine shall be ergonomically designed and shall be such that the operator has clear line of sight in front as well as at rear of the machine without involving any constraint or strain. 127. Steep working.– (1) In the workings having an inclination of 30 degrees or more from the horizontal, adequate precaution shall be taken to prevent danger to persons from falling or rolling of timber, tools or other appliances or material. (2) No person shall work or be permitted to work at any place having an inclination of 45 degrees or more from the horizontal, where he is likely to slip or overbalance, unless he is secured by a safety belt or life line or is otherwise safeguarded. 128. Fencings and gates.– (1) The top of every opencast working shall be kept securely fenced. (2) Where an excavation which has been formed as a result of any mining operation, extends within a distance of 15 meters from a public road or any building, substantial fencing shall be erected and maintained around the excavation. (3) Where as a result of mining operations, a subsidence of the surface has taken place or is likely to take place and persons are likely to be endangered thereby, the owner, agent or manager shall keep the entire surface area securely and effectively fenced.
- 287. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 227 (4) Every entrance to a shaft, staple pit, sump, goaf or other dangerous place shall be provided with an efficient fence, barrier or gate, so designed and constructed as to effectively prevent any person from entering or falling therein. (5) Where a shaft or staple pit or a gallery having an inclination of more than 30 degrees from the horizontal leads directly into a working place or travelling roadway, such place or roadway and any working place situated on its dip side, shall be securely guarded or otherwise protected as to prevent danger to persons from falling materials. (6) Every entrance from a roadway into a mine or a part thereof which, for the time being is neither being worked nor being used for any purpose, by reason of any cause whatsoever, shall be provided with fence, barrier or gate so designed and constructed as to prevent any person from inadvertently entering that part of the mine. (7) Shafts and opencast workings temporarily or permanently out of use and any place in or about an excavation which is dangerous shall be completely filled in or kept securely fenced: Provided that if in the opinion of the Regional Inspector, any disused trench, pit or other excavation is dangerous, he may by an order in writing, require the same to be filled in to the level of the adjacent ground. (8) Before a mine is abandoned or the workings thereof discontinued, the owner, agent or manager shall cause the top or entrance of every shaft, incline or other opening into the mine to be fenced by a structure of a permanent character sufficient effectively to prevent persons falling into or entering the same. 129. Examination by sirdars.– (1) Every place in a mine whether belowground or in opencast workings, including travelling roadways and landings, where work is carried on or where persons are stationed or required to pass shall be placed under the charge of a sirdar or other competent person. (2) The mine or district assigned to a sirdar or other competent person shall not be of such a size, nor shall any additional duties other than his duties under these regulations be such as to be likely to prevent him from carrying out in a through manner the duties prescribed for him under these regulations, and if any doubt arises as to the foregoing, it shall be referred to the Chief Inspector for decision. (3) At the entrance to every mine or district, one or more stations shall be fixed by the manager, and except in the case of a mine working in a continuous succession of shifts, no person other than the persons making the examination under sub-regulation (4) or an official shall pass beyond any such station until all the roadways and working places to which persons are required to have access, have been examined by the competent person in charge of the mine or district and found to be satisfactorily ventilated and in safe condition. (4) Every station referred to in sub-regulation (3) shall be legibly marked ‘STATION’ and shall be of such a size as to accommodate all the persons employed in the district in any one shift. (5) The sirdar or other competent person accompanied by such assistants as may be required shall, within two hours before the commencement of work in a shift, inspect every part of the mine or district assigned to him, in which persons have to work or pass during the shift and all roadways and working places where work is temporarily stopped and shall ascertain the condition thereof as regards ventilation, sanitation, presence of gases, the state of the roof and sides, presence of spontaneous heating and other fire risks, and generally so far as the safety of the persons is concerned, and similar inspection shall be made once at least in every four hours during which the shift continues, of all the roadways and other places to which persons engaged in the mine or district are required to have access. (6) The examination under sub-regulation (5) shall be made with an approved flame safety lamp or any other approved apparatus made for the purpose and in case of a fiery seam, also with an apparatus for detecting carbon monoxide gas approved by the Chief Inspector. (7) In case of opencast workings, the sirdar shall pay attention to overhangs, undercuts, presence of loose stone, materials or trees, etc., within 3 meters of the edges, foot paths for traveling and carrying loads, fencing on top of the quarry and disused part or abandoned quarries, fencing along footpaths and benches where required, use of personal protective equipment and condition of dumps.
- 288. 228 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (8) The sirdar or other competent person shall, at the completion of his shift, record without delay the result of his inspections in a bound paged book in the format specified for the purpose and every such report shall be an accurate report of the inspections and shall include the following, namely :- (a) the details referred to in sub-regulation (5) and (7); (b) the number of persons working under his charge; (c) such instructions for the purposes of securing the safety of the persons as he may have given during his shift; and (d) the date and time of the inspections, the signature of the sirdar or other competent person, and the date and time when the report was written. (9) In the case of a shaft in the course of being sunk, the competent person shall – (a) have entire charge of the shaft bottom and shall, in his shift, remain in the shaft while persons are at work at the bottom of the shaft; (b) be the last person to ascend the shaft at the end of the shift and if his shift is succeeded immediately by another shift, he shall not leave the bottom of the shaft until after the descent of his reliever of the succeeding shift; and (c) after each round of shots, and at the beginning of every shift, and after every cessation of work in the shaft for a period exceeding two hours, shall examine the sides of the shaft and remove all loose pieces before persons are allowed to descend. 130. Avoidance of dangers.– (1) If at any time it is found by a competent person in charge of a mine or district, that by reason of any cause whatsoever, the mine or district is dangerous, he shall immediately withdraw all persons from the mine or district; and the mine or district shall be fenced off so as to prevent persons inadvertently entering therein. (2) The competent person shall also immediately inform the manager or assistant manager about the danger, and shall record the fact in the bound paged book kept for the purpose. (3) The manager shall make, or cause to be made by a competent person, a careful examination of the mine or district; and no person shall, except in so far as is necessary for enquiring into the cause of the danger or for the removal thereof or for exploration, be re-admitted into the mine or district until the mine or district is reported to be safe. (4) A report of every such examination under sub-regulation (3) shall be recorded without delay in a bound paged book kept for the purpose and shall be signed and dated by the person who made the examination. (5) If the work of removing the danger is suspended before the danger is removed, the mine or district shall be securely fenced off effectively to prevent persons entering therein during the period of suspension. (6) Notwithstanding anything contained in these regulations – (a) where the danger arises from the presence of inflammable or noxious gas, the provisions of regulation 166 shall apply; and (b) where in any part of a mine the appearance of smoke or other sign indicates that a fire or spontaneous heating has or may have broken out, the provisions of regulation 138 shall apply. 131. Working at height.- (1) No person shall work or travel on any ledge or footpath less than 1.5 meters wide, from where he is likely to fall more than 1.8 meters, unless he is protected by guard rails, fence or safety belt or rope suitably fixed and sufficiently strong to prevent him from falling. (2) When a plant, machinery, workshop or any other shed or structure is under construction, repair or renovation, and persons are allowed to work at heights, proper walkway, stairs or ladderway with hand rails, guards or stages and platforms with fencing shall be provided to avoid danger or risk of persons falling from height. (3) Every person permitted to work at height shall be provided with safety belt, of the type and standard suitable for the nature of work to be performed by him and approved by the Chief Inspector. (4) Where it is required to work at heights involving danger or risk of falling, proper stage or working platform of adequate and suitable design and strength shall be provided.
- 289. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 229 (5) The stage or working platform referred to in sub-regulation (4) shall have proper approach way to and from the stage or platform for the persons to ascend or descend, as well as the fencing to prevent such falls. (6) A safety net of adequate strength and design shall also be provided immediately below every working place so that the danger or risk of injuries to persons falling from working at heights is completely eliminated. (7) A code of safe practices shall be framed by the manager and implemented under the supervision and control of a competent person and official especially authorised for the purpose by the engineer and manager, to ensure such safety precautions while executing such work in the mine. (8) No untrained and inexperienced person or contractor shall be engaged for execution of any such work in the mine which involves working at heights and the dangers associated therewith. (9) A system of check list and issuing of work permit shall be maintained by the agent and manager where any such work in the mine which involves working at heights and the dangers associated therewith is undertaken. 132. General precautions.- (1) No person shall cut or remove coal from or in the vicinity of any place unless it is his authorised working place. (2) Every person shall- (a) carefully examine his working place before commencing work and also at intervals during the shift; and (b) if any dangerous condition is observed, cease all work at that place and shall either take immediate steps to remove such danger or inform an official or the competent person in charge of the mine or district. (3) Where several persons are working together and one of them is in-charge, the examination required under sub-regulation (2) shall be made by the person in-charge. (4) Every person cutting coal and every person operating a coal-cutting machine or any other cutting or loading machine in any place shall ensure that the dimensions of that place do not exceed the dimensions specified in that behalf by these regulations. (5) No person shall carry or be permitted to carry any load along a road or footpath having an inclination of 30 degrees or more from the horizontal. (6) Every road or footpath, along which loads are carried by human agency, shall comply with the following requirements, namely: – (i) its breadth shall not be less than one meter; and (ii) at every place where the inclination exceeds 15 degrees from the horizontal, level steps shall be provided such that the vertical height of every step does not exceed 0.18 meter and the distance from the edge to the back is not less than 0.35 meter. Explanation.- For the purposes of this sub-regulation, gang-planks used for loading purposes shall not be deemed to be part of a footpath, provided that every gang-plank shall be so inclined or constructed as to give a secure foot-hold. (7) No person shall be employed to lift, carry or move a load so heavy as is likely to cause bodily injury or injury to health of that person and in case of any doubt as to whether risk of bodily injury or injury to health is involved, it shall be referred to the Chief Inspector for decision. (8) Every person shall ensure that tools, wood, stones, or other articles are not put down or allowed to remain, in or near a shaft or dip gallery where work is going on, in such position as may result in their falling into the shaft or gallery. (9) No person shall work or be permitted to work alone in any remote part of a mine where, if any accident occurred he would not soon be discovered or assisted. (10) No inexperienced person shall be employed in the mine for any work whereby he or other persons can be seriously endangered except under the supervision and guidance of an experienced person.
- 290. 230 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] CHAPTER XI PRECAUTIONS AGAINST DANGERS FROM FIRE, DUST, GAS AND WATER 133. Classification of coal seams according to their degree of gassiness.– (1) All the coal seams shall be classified into different degrees of gassiness by the Chief Inspector or an Inspector assisted by such assistants and after such investigation as he may consider necessary. (2) If in a gassy seam the percentage of inflammable gas in the general body of air or the rate of emission of such gas increases so as to bring that seam into a higher degree of gassiness, the owner, agent or manager shall within twenty-four hours from his knowledge of such increase, inform the Regional Inspector and also observe all the precautions required to be taken under these regulations in respect of a gassy seam of that degree, and the Regional Inspector shall, within thirty days of the receipt of such information, verify and investigate the degree of gassiness and classify the seam into the appropriate degree of gassiness: Provided that if it is not practicable to observe all the precautions required to be taken under this regulation within twenty-four hours as stipulated in this sub-regulation, the Regional Inspector, on a request in writing by the owner, agent or manager, may defer the observance of the required precautions, subject to such conditions as he may specify, for a period not exceeding sixty days. (3) If in a gassy seam the percentage of inflammable gas in the general body of air or the rate of emission of inflammable gas decreases so as to bring that seam to a lower degree of gassiness, the owner, agent or manager may inform the Regional Inspector of the same. (4) The Regional Inspector shall within thirty days from the receipt of the information referred to in sub- regulation (3), verify and investigate the degree of gassiness and classify the same into appropriate degree of gassiness, and till such time as the Regional Inspector so classifies all the precautions required to be observed previously shall be observed. (5) Notwithstanding anything contained in sub-regulations (2) to (4), the Regional Inspector may at any time make investigations and reclassify a gassy seam into the appropriate degree of gassiness. (6) The owner, agent or manager shall at least once in every thirty days examine the rate of emission of inflammable gas in cubic meters per tonne of coal raised and the percentage of inflammable gas in the general body of air as laid down in regulation 169 and the result of every such examination shall be recorded in a bound paged book kept for the purpose. (7) Every instrument, apparatus and the system used for detection and measuring of the inflammable gas shall be of a type and standard approved in writing by the Chief Inspector. (8) Every instrument, apparatus and the system used for detection and measuring of the inflammable gas and analysis of gas samples, shall be calibrated at specified interval by an approved or accredited agency or laboratory notified by the Chief Inspector by a special or general order in writing from time to time. 134. General precautions against fire.– (1) No oil, grease, canvas or other inflammable material shall be stored in any mine except in a fire-proof receptacle. (2) Greasy or oily waste in workings belowground shall be regularly removed to the surface. (3) In case of opencast workings or workshops, greasy and oily wastes shall be disposed off regularly in a safe manner. (4) No person shall place or throw, or cause or permit to be placed or thrown, any naked light or lamp on or near any timber, wooden structure or other combustible material. (5) Adequate and sufficient arrangements shall be made in every mine for early detection, control and extinguishing any fire. (6) The owner, agent and manager of every mine shall take measures and precautions appropriate to the nature of a mine operation to prevent, detect and combat the start and spread of mine fires. (7) The owner, agent and manager of every mine shall ensure that operations are stopped and workers are evacuated to a safe location, when there is serious danger due to fire, threatening the safety and health of workers.
- 291. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 231 135. Surface precautions against fire.– (1) All surface structures and supports within a horizontal distance of 10 meters from all entrances to a mine shall be of fireproof material: Provided that this sub-regulation shall not apply to temporary structures, supports and coverings at the top of a shaft which is in the course of being sunk and to the small lid of a shaft-covering operated by the rope cappel. (2) Shale or other carbonaceous material shall not be heaped or dumped, and dead leaves or dry vegetation shall not be allowed to accumulate or remain, and combustible materials other than materials required for use within a period of twenty- four hours, and inflammable materials shall not be stored within a distance of 15 meters from any entrance to a mine which is not effectively sealed off from the workings belowground: Provided that nothing in this sub-regulation shall prevent the dumping of coal raised from the mine, near the entrance of the mine. (3) In opencast working and in any ground broken by extraction of coal, all wild or herbaceous plants shall be removed and all dead leaves and dry vegetation cleared as often as may be necessary, to prevent an outbreak of fire. (4) No person shall deposit any heated material or ashes on any outcrop of coal seam or in any opencast working or on any ground broken by extraction of coal. (5) No person shall light a fire or permit a fire to be lighted in any opencast working or within a distance of 15 meters from any entrance to a mine, except by the permission in writing of the manager and only for a special purpose specified therein and all such permissions shall be recorded in a bound paged book kept for the purpose: Provided that this sub-regulation shall not apply to boilers other than vertical boilers. (6) A competent person shall, once at least in every seven days, inspect the top of all entrances to a mine, all opencast workings and any ground broken by extraction of coal in order to ascertain whether the precautions laid down under the regulation have been complied with, and for the presence of any fire that may have broken out or any indications thereof. (7) A record of every inspection made under sub-regulation (6) shall be maintained in a bound paged book kept for the purpose, duly signed and dated by the person making the inspection. 136. Underground precautions against fire.– (1) No timber or other combustible material shall be used in the construction of, or in connection with, any shaft lining or room housing of any machinery or apparatus belowground. (2) Wood cuttings shall not be left in any working belowground, but shall be removed to the surface at the end of every shift. (3) No person shall light a fire or permit a fire to be lighted in any workings belowground : Provided that – (a) in the case of a gassy seam of the first or second degree, flame or electric welding or repairing apparatus may be used belowground if permitted by an order in writing of the manager and every such order shall specify the person who shall be in-charge of the apparatus; and it shall be the duty of such person to bring the apparatus back to the surface when no longer required belowground; and (b) in the case of a gassy seam of third degree, a flame or electric welding or repairing apparatus may be used belowground if prior permission in writing has been obtained from the Regional Inspector and subject to such conditions as he may specify therein. (4) No person shall leave a portable light or lamp belowground unless he has placed it in-charge of some other person remaining therein. (5) At the end of a shift, unless the mine is worked by a continuous succession of shifts, after all persons have left the mine, all lights shall be extinguished and all power cut off.
- 292. 232 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (6) Provision shall be made to prevent an outbreak of fire belowground or the spread of fire from any part of the mine or from any adjoining mine, and adequate steps shall be taken to control or isolate any such fire or heating that may occur. (7) All unused workings connected to the surface though a walkable entrance which is not permanently closed, shall once at least in every thirty days be inspected by a competent person for signs of illicit distillation of liquor and a report of every such inspection shall be recorded in a bound paged book kept for the purpose, duly signed and dated by the person making the inspection. 137. Precaution against spontaneous heating.– The following precautions shall be taken against the danger of spontaneous heating :- (1) The seam or section shall be worked in panels having independent ventilation in such a manner that it is possible to isolate one from another easily when necessary. (2) Where the seam or section has already been developed without complying with the provisions of sub- regulation (1), artificial panels shall be created by construction of stoppings. (3) In determining the size of the panel under sub-regulations (1) and (2), due consideration shall be given to enable complete extraction of the pillars therein, within the incubation period of the coal seam. (4) No coal, shale or other carbonaceous material shall be left or stacked belowground. (5) Where removal of fallen coal out of the mine is not practicable, the area shall be effectively sealed off. (6) Except where otherwise permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein, no extraction of pillars in any seam or section shall be commenced until fire dams or stoppings have been provided in all entrance to the panel. (7) In the fire dams or stoppings built in entrances which are to be kept open for ventilation or haulage, suitable doors or openings may be left and bricks and other suitable materials shall be kept readily available in the vicinity. (8) Shale or other carbonaceous material shall not be used in the construction of fire dams or stoppings. (9) A panel shall be isolated by adequate stoppings as soon as it has been goaved out. (10) All the isolation stoppings erected to seal off the goaves or to isolate old, abandoned or disused workings or to isolate area affected by fire or spontaneous heating shall be plastered with cement and white washed. (11) Sufficient material for dealing with fire shall be kept ready at suitable places belowground for transport and use, and a sufficient number of persons shall be trained in the use of such material. (12) In order to detect spontaneous heating in early stages, the air in the return airway of every depillaring district and, of every goaf which has not been isolated, shall be - (a) tested for percentage of carbon monoxide once at least in every seven days with an automatic detector of a type approved by the Chief Inspector; and (b) completely analysed once at least in every thirty days with a view to determining the ratio CO- formed/O2- absorbed: Provided that if successive tests show any steady increase in the CO-formed/O2 absorbed ratio, suitable measures shall be taken to determine the site of the heating and to deal with it. (13) The result of every test referred to in sub-regulation (12) shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person carrying out the test. (14) Every depillaring district shall be inspected on every idle day and a report of every such inspection shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person making the inspection. (15) All unused workings including unused workings which have not been sealed off, and isolation stoppings built around goaved out areas shall be inspected once at least in every seven days, by a competent
- 293. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 233 person for any fire risk and a report of every such inspection shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person making the inspection. (16) Where at any mine or part, special conditions exist which make compliance with any of the provisions of this regulation not necessary or reasonably practicable, the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant a relaxation from the provision. (17) Where coal is stacked on surface, suitable arrangement shall be made for spraying of water or any other fire resistant or suppressant materials on the coal stack at regular intervals so as to prevent spontaneous heating. (18) Hydraulic fluid which is not fire resistant shall not be used belowground. (19) Precautions shall be taken to minimise the possibility of hydraulic fluids or oils coming in contact with hot surface, electrical apparatus or cables. (20) Combustible oils or material shall not be used for filling in electrical equipment. (21) Notwithstanding anything contained in the sub-regulations (18), (19) and (20), the Regional Inspector may by an order in writing, exempt from use of fire resistant hydraulic fluid in degree-I gassy mine subject to such conditions as he may specify therein. 138. Precautions after a fire has broken out.– (1) On the appearance in any part of a mine, of smoke or other signs indicating that a fire or spontaneous heating has or may have broken out, effective steps shall be taken, without delay, to deal with the fire or heating and all persons other than those whose presence in the mine is deemed necessary for dealing with the fire or heating shall be immediately withdrawn from the mine. (2) No person, other than those required for dealing with or sealing off the fire or heating referred to in sub-regulation (1), shall be admitted in the mine until the fire or heating has been extinguished or effectively sealed off and an examination has been made by the manager or by the assistant manager and the mine has been declared to be safe and a report of every such examination shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination: Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment in the mine of persons other than those required to deal with the fire or heating. (3) The examination required under sub-regulation (2), shall be made with an approved flame safety lamp and other means of detecting carbon monoxide gas approved by the Chief Inspector. (4) During the whole time that any work of dealing with or sealing off a fire or heating is in progress – (a) a competent person shall be present on the spot throughout; (b) adequate precautions shall be taken to prevent danger to persons from any noxious, asphyxiating or inflammable gases, flame, steam and ejected or rolling down hot material, explosion of water gas, and falling into crevices or pot holes, that may occur in the area on fire; (c) there shall be kept available, at or near all places belowground: (i) adequate number of self-rescuers and at least two smoke helmets or other suitable apparatus, approved by the Chief Inspector, for use in emergency; (ii) an apparatus for detecting carbon monoxide gas approved by the Chief Inspector; and (iii) a flame safety lamp or other means of detecting carbon dioxide gas and oxygen deficiency, approved by the Chief Inspector. (5) The manager of every mine shall prepare and establish a detailed scheme for- (a) the provision and maintenance of suitable fire-fighting arrangements; (b) the prevention, detection, dealing and control of any heating or fire; (c) the examination and maintenance of the protective measures taken to control or isolate a fire or heating; (d) ensuring safety of persons engaged in the said operations, and the scheme shall be suitably modified and kept updated as the situation warrants.
- 294. 234 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 139. Equipment for fire-fighting.- (1) In every mine,- (a) unless expressly exempted in writing by the Regional Inspector, adequate quantity of water at sufficient pressure shall be provided to all working places belowground and all other places of fire risk such as coal stocks, spoil heaps containing carbonaceous material and exposed coal surfaces liable to heating, for the purpose of efficient fire fighting; (b) fire stations with suitable supply of fire-fighting equipment shall be established and kept maintained at convenient points, both on surface and belowground; (c) sufficient supply of sand or incombustible material and suitable portable fire extinguishers in sufficient quantity or automatically operated fire suppression devices shall be provided at- (i) every entrance to a mine or district and at every landing and shaft bottom in use; (ii) every place where timber, grease, oil or other inflammable material is stored; (iii) every engine room, diesel engine maintenance workshop, filling station and storage battery charging station; (iv) on every track-mounted and trackless locomotive, self propelled manriding car and personnel carrier; (v) each permanent and temporary electrical installation; (vi) at locations where welding, cutting or soldering with arc or flame is being done; (vii) every machinery, plant and installations; and (viii) such other special places of fire risk as may be specified by the manager; (d) every heavy earth moving machinery used in opencast workings shall be provided with automatically operated fire detection and suppression device or system: Provided that in case of trucks and dumpers of less than 35 tonne capacity used in opencast mines, it may be sufficient if semi-automatic type fire suppression system has been provided; (e) specially designed water foam spray, deluge systems or dry chemicals shall be installed above each belt drive, belt take up, electrical control, gear reducing unit and other strategic locations on the conveyor belt system; (f) adequate number of suitable fire extinguishers or automatically operated fire suppression devices shall be provided on continuous mining machines, other face cutting machines, loading machines, roof bolting machines and other hauling machines. (2) Soda-acid type extinguishers or water shall not be used for fighting oil or electrical fires. (3) Foam type extinguishers shall not be used for fighting electrical fires. (4) Fire-extinguishers containing chemicals which are liable when operated, to give off poisonous or noxious gases shall not be provided or used belowground: Provided that nothing in sub-regulations (2), (3) or (4) shall prohibit the use belowground of fire- extinguishers giving off carbon dioxide when operated. (5) All types of fire fighting and fire suppression systems including automatic fire detection and suppression systems to be used in machinery and plant including heavy earth moving machineries, materials and chemicals to be used in fire sealing, fighting or suppression systems in mines both on surface as well as belowground shall be of such type, standard and make, as approved by the Chief Inspector by a general or special order. (6) A competent person shall, once at least in every month, examine all the equipment, material and arrangements provided for fire-fighting and shall discharge and re-fill the fire-extinguishers as often as may be necessary to ensure that these are in proper working order and any deficiency found during any such examination or otherwise shall be immediately remedied. (7) A report of every examination made under sub-regulaion (6) shall be made in a bound-paged book kept for the purpose, duly signed and dated by the person making the examination. 140. Organisation for fire fighting.– (1) The owner, agent and manager of every mine shall establish a proper organisation for fire fighting in the mine by installing fire stations at surface and also on every main
- 295. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 235 haulage roadway belowground at suitable places in the intake airway near the main shaft with adequate fire fighting equipment kept in every such fire station. (2) Sufficient number of plans shall be prepared showing the fire fighting equipment including the water mains, taps, fire-stations, pumping stations, ventilation system and escape route alongwith containing such other information as may be useful for the purpose of fighting fires, and up-to-date copies of these plans shall be kept available at suitable places both on the surface and belowground. (3) Adequate number of persons, including all operators of plants, machinery and heavy earth moving machineries, shall be trained in the use of fire-extinguishers and in fire fighting and such persons shall be made familiar with the position of all fire fighting equipment provided in the mine in general and near their places of work in particular. (4) The manager of every mine shall, with the approval of the Regional Inspector, frame standing orders containing the procedures that may be adopted in giving warnings of fire, timely withdrawal of personnel from the mine and for the conduct of fire fighting operation. 141. Apparatus for testing for carbon monoxide.– In every belowground mine there shall be kept at the mine constantly available for use suitable apparatus approved by the Chief Inspector for detecting carbon monoxide gas. 142. Precautions when a fire exists.– (1) No person shall be employed in any seam,– (a) where a fire or spontaneous heating exists in a lower seam whether such fire has been sealed off by means of fire stoppings or not; or (b) where the seam has a common ventilation system with another seam on fire; or (c) where the outlets or openings of the seam are within 60 meters of an active fire or spontaneous heating in a higher seam or on the surface in any ash heap or spoil heap or in any other heap or place or any other fire or spontaneous heating which cannot be controlled immediately or where broken ground connected with the seam exists within 60 meters of such fire or spontaneous heating; or (d) where the parting, with an overlying seam on fire or in which spontaneous heating has taken place, or with surface containing an active fire or spontaneous heating in any spoil heap or ash heap or in any other heap or place, or with any other fire or spontaneous heating which cannot be controlled immediately, consist of less than 10 meters of hard rock, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) In any working mine, in which a fire is known or believed to exist, – (a) adequate precautions shall be taken to prevent the passage of air, from any part of the mine or from the surface, into the fire area through any broken strata; and (b) no work other than the operations required under clause (a) shall be done in any part of the mine which is not effectively sealed off from any such goaf or broken strata. (3) In every coal seam, arrangements shall be made once at least every thirty days to ascertain the atmospheric condition behind the stoppings built to seal off the area of old workings, or such goaf, or a fire or spontaneous heating, unless such stoppings are capable of resisting force of an explosion. (4) Every stopping erected to isolate or control a fire or spontaneous heating belowground or to seal off goaf or an area of old workings shall be numbered, and shall be of adequate strength and so maintained as to prevent any leakage of air or gas through it: Provided that where water is likely to accumulate behind any such stopping there shall be provided in the stopping a suitable pipe or other device to drain away the water without permitting any leakage such as air or gas, etc. (5) Every stopping erected in accordance with the provision of sub-regulation (4) and the pillars containing such stoppings, shall be plastered with fire resistant or fire retardant sealant of adequate thickness using high pressure guns so as to completely fill up the cracks, cavities, crevices, joints, slips, fractures and cleats present in the working in order to completely seal off such area, which shall be kept maintained as leak proof.
- 296. 236 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (6) Where in any mine or part thereof the provisions of sub-regulations (4) or (5) have not been complied with or where in the opinion of the Regional Inspector the steps so taken are inadequate, he may give notice in writing to the owner, agent or manager requiring him to take such protective measures, within such time, as he may specify therein: Provided that in case of non-compliance with the requirements of the notice under this sub- regulation, the Regional Inspector may, by an order in writing, prohibit until the requirements of the notice have been complied with to his satisfaction, the employment in the mine or part, of any person whose employment is not, in his opinion, necessary for the purpose of complying with the requirements aforesaid. (7) A competent person shall, once at least in every seven days, inspect all stoppings erected for isolation or control of fire or spontaneous heating belowground to ascertain the general condition of every stopping by checking it for leakage and presence of gas, and the temperature and humidity of the atmosphere outside the stopping. (8) The competent person shall after carrying out the inspection under sub-regulation (7), place his signature, with date, on a check-board provided for the purpose at a suitable position on the stopping, which shall be maintained for a period of not less than three months, and a report of every such inspection shall also be recorded in a bound paged book kept for the purpose duly signed and dated by the person making the inspection: Provided that any serious defect revealed by such examination shall without delay be brought to the notice of the manager: Provided further that the Regional Inspector may, by an order in writing, require the inspection of stoppings to be made at such shorter intervals as he may specify therein. 143. Precaution against dust.– (1) The owner, agent or manager of every mine shall take such steps as may be necessary for minimising of emissions of dust and for the suppression of dust which enters the air at any workplace belowground or on surface and for ensuring that the exposure of workers to respirable dust is limited to an extent that is reasonably practicable but in any case not exceeding the limits that are harmful to the health of persons. (2) For the purposes of this regulation, a place shall not be deemed to be in a harmless state for person to work or pass or remain therein if the eight hours time-weighted average concentration of airborne respirable dust in milligrams per cubic meter of air sampled by dust sampler of a type approved by and determined in accordance with the procedure as specified by the Chief Inspector by a general or special order, exceeds two, where working is being made wholly in a coal seam or where free respirable silica present is less than five per cent. and the value arrived at by dividing the figures of ten with the percentage of free respirable silica present in other cases. (3) The owner, agent or manger of every mine shall, within three months of the coming into force of these regulations and once at least in every month thereafter or whenever the Regional Inspector so requires by an order in writing, cause the air at every work place where airborne dust is generated, to be sampled and the concentration of respirable dust therein determined: Provided that, such measurements shall also be made immediately upon the commissioning of any plant, equipment or machinery or upon the introduction of any new work practice or upon any alteration therein that is likely to bring about any substantial change in the level of airborne respirable dust. (4) The samples drawn under sub-regulation (3) shall as far as practicable, be representative of the levels of dust exposure of work-persons and for this purpose, the sampler shall be positioned on the return side of the point of dust generation and within one meter of the normal working position of but not behind the operator or other worker whose exposure is deemed to be maximum in his working group. (5) Based on the results of static or personal sampling, the representative dust exposure profiles for different categories of workers shall be estimated by portal to portal monitoring of selected workers whose exposure is deemed to be representative of their working groups. (6) Samples shall be taken by a person who has been specially trained for the purpose in the sampling equipment and accessories that have been checked to ensure correct maintenance and efficient operation thereof and examined, treated and calibrated on a date which is not earlier than one year.
- 297. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 237 (7) Respirable dust content of the samples and in case of samples collected from a working other than the working being made wholly in a coal seam, quartz content shall be determined at a laboratory approved in writing by the Chief Inspector in that behalf. (8) All result of measurements of airborne respirable dust and all other relevant particulars shall be systematically recorded within fourteen days of the date of collection of samples, in a bound paged book kept for the purpose and every entry in the book aforesaid shall be countersigned and dated by the manager within twenty-four hours. (9) When the dust monitoring results have established that the permissible limit of dust concentrations are exceeded at any place, immediate steps shall be taken to minimise the emission of dust and to notify the Regional Inspector. (10) If the average concentration of respirable dust in a series of five samples taken in seven successive normal working shifts during the subsequent month exceeds one and a half times the permissible limit, the relevant operation or operations causing excessive dust shall cease. (11) The operation or operations shall not be resumed or allowed to be carried on until improvements have been made in the prevention and suppression of dust and fresh sampling carried out immediately on resumption of the said operation or operations has established that such improvements have reduced the dust concentration below the permissible limit: Provided that if the dust prevention and suppression device of any machinery or equipment fails to operate efficiently, the operation of the said machinery or equipment shall likewise cease and shall not be resumed until the defect therein has been rectified: Provided further that, purely as a contingency measure or as a secondary means of protection in a work situation wherein it is technically not feasible to reduce the respirable dust concentration below the permissible limit or during the time period necessary to install and commission any device or to institute any new work practice for dust prevention or suppression, compliance with the permissible limit of dust may be achieved by remote operation or by job rotation and failing which by the use of suitable dust respirator. (12) The owner, agent or manager of every mine where need of dust respirators might arise, shall provide dust respirators in sufficient number and at no cost to the concerned work persons for their use; for the dust respirators to be regularly cleaned, disinfected and maintained in efficient working order, and for the proper fitting of and for thorough training of the concerned workers in the need for and correct use of respirators. (13) To prevent the liberation and accumulation of dust and the propagation of airborne dust, the following provisions shall have effect, namely:- (a) dust shall be suppressed as close as possible to its source of formation; (b) during any operation of drilling or boring in stone on surface or belowground, - (i) the production of dust shall be reduced by using bits which are sharp and of proper shape, by keeping suitable pressure on the bits and by keeping the holes clear of the cuttings; (ii) except in naturally wet ground, a jet of water shall be directed on to the cutting edge to wet the cuttings or other equally efficient device, approved by the Chief Inspector, shall be provided and kept in operation throughout the drilling or boring operation to prevent the atmosphere being charged with dust and where pneumatic drilling is performed, water shall be turned on before turning on compressed air to the drill: Provided that where drilling is done by hand, it shall be sufficient if holes are kept constantly moist during such drilling; (c) every roadway on surface or belowground, where mobile mining machinery ply, shall be regularly wetted or shall be effectively treated with some other equally efficient agent to reduce dust being raised in the atmosphere to a minimum; (d) no plant for the screening or sorting of coal and as far as practicable, no heap of cinder, cement, sand, mortar or other dry and fine material shall be placed within 80 meters of the top of down-cast shaft or intake airway nor shall any such material be so handled as to make it air-borne and drawn into such shaft or such airway;
- 298. 238 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (e) in every working belowground, – (i) no machinery or equipment which is likely to emit dust in excess of permissible limit shall be operated unless it is equipped with a suitable dust-prevention and suppression device, which shall be properly interlocked with the operating lever or switch, and unless such device is operating efficiently ; (ii) the design, arrangement, materials and condition of picks on every mechanical coal cutter shall be such as to reduce the formation of dust to minimum and no mechanical coal cutter shall be operated unless suitable water sprays or jets of water are directed on the cutting edges thereof so as to damp the cuttings as they are formed; (iii) every working face and the floor, roof and sides of every roadway or airway within 60 meters thereof shall be, unless naturally wet throughout, regularly washed down to prevent accumulation of dust and shall be kept thoroughly wet during the work shifts; (iv) a current of air sufficient to clear away the dust emitted by any machinery or operation and to dilute the dust concentration below the “permissible limit”, shall be maintained by means of general ventilation and if necessary, by local ventilation, so however that, as far as practicable, the velocity of air in any roadway or workplace shall not be such as to raise dust in the atmosphere; (v) after blasting, no person shall enter working places unless sufficient time has elapsed for dust, smoke and fumes to be cleared by a current of air and the broken material shall not be moved unless it has been thoroughly made wet with water; (vi) vehicles, tubs and conveyors used for transport of coal shall be maintained in good condition so as to minimise spillage or leakage and chutes, spiral conveyors, bins, tipplers, conveyor discharge points and skip loading and unloading installations shall be so controlled as to reduce the formation of dust to the minimum; and such material shall also be kept thoroughly wet with water unless it is already wet or other effective means of dust suppression are used; and (vii) unless, owing to special difficulties, exempted in writing by Regional Inspector in that behalf and subject to such conditions as he might specify therein, water in pipes in sufficient quantity and under adequate pressure and independent of any pumping system, shall be provided and maintained so as to get maximum efficiency in allaying of dust; (f) no process of crushing, breaking, disintegrating, dressing, sorting, grinding, screening or sieving of coal or any operation incidental thereto, shall be carried out at any mine unless sufficient watering or other appropriate and effective dust control measures, such as, but not limited to isolation, enclosure, exhaust ventilation and dust collection are designed, provided, maintained and used; (g) the exhausted air, belowground, which contains dust in excess of the permissible limit shall be efficiently diluted and if necessary filtered so as to reduce the concentration of respirable dust therein below ten per cent. of the permissible limit before being re-circulated into working places; (h) every device used for the prevention and suppression of dust produced by any machinery, equipment or process as also for the filtering of the exhausted air and every dust respirator shall be inspected once at least in every seven days and shall be thoroughly examined and tested at least once in every month and the results of every such inspection, examination and test shall be recorded in the register maintained under sub-regulation (8). (14) The manager of every mine where airborne dust is generated shall formulate and implement a scheme specifying – (a) the location, frequency, timing, duration and pattern of sampling; (b) the instruments and accessories to be used for sampling; (c) the laboratory at which respirable dust content of samples and quartz content shall be determined; (d) the format in which the results of measurements of dust concentration and other particulars are to be recorded;
- 299. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 239 (e) the organisation for dust monitoring and for the examination and maintenance of dust prevention and suppression measures and dust respirators; and (f) the manner of making all persons concerned with the implementation of the dust control measures fully conversant with the nature of work to be performed by each in that behalf. (15) The Regional Inspector may, where special conditions exist, permit or require by an order in writing and subject to such conditions as he may specify therein, any variation in the foregoing provisions or in the manager’s scheme made under sub-regulation (14). (16) If any doubt arises as to any matter referred to in this regulation, it shall be referred to the Chief Inspector for decision. 144. Execution of measures for dust control.– (1) There shall be maintained at every mine having workings belowground a dust plan on a scale having representative factor of not less than 2000 : 1, clearly showing by distinctive colors, code letters or numbers, the separate areas which- (a) are naturally wet; (b) require treatment with water indicating the system of water pipe lines laid down for the purpose; (c) require treatment with incombustible dust at such intervals of twenty-four hours, seven days, fourteen days, thirty days, three months or other specified period, as the case may be. The intervals referred to in clause (c) shall be based on the results of analysis of routine mine dust samples collected from the areas concerned. (2) The areas referred to in sub-regulation (1) shall be clearly demarcated in the workings belowground by means of suitable notice boards or by other suitable means. (3) Every part of a mine which is not naturally wet throughout or which is not isolated by explosion-proof stoppings shall be treated: (a) with fine incombustible dust in such manner and at such intervals as will ensure that the dust on the floor, roof and sides and any support or structure shall always consist of a mixture containing not less than 75 per cent. of incombustible matter in case of coal seams containing less than 30 per cent. volatile matter (on dry ash free basis) and 85 per cent. of incombustible matter in case of coal seam containing more than 30 per cent. of such volatile matter; or (b) with water in such manner and at such intervals as will ensure that the dust on the floor, roof and sides and on any support or structure is always combined with not less than 30 per cent. by weight of water in intimate mixture; or (c) in such manner as the Regional Inspector may approve by an order in writing. (4) The incombustible dust used for the purpose of sub-regulation (3) shall be- (a) such that it does not contain more than 5 per cent. of free silica; (b) of such fineness and character, that it is readily dispersible into the air and that, when used in places which are not directly wetted by water from the strata, it does not cake but it is dispersed into the air, when blown upon with mouth or by a suitable appliance; and (c) as far as practicable light in colour. (5) No incombustible dust shall continue to be used if it is found by tests which shall be carried out once at least in every three months, not to comply with the foregoing requirements: Provided that when the supply of incombustible dust used in a mine is not from a regular source, these tests shall be carried out whenever a fresh supply of incombustible dust is received. (6) Where any place or part of the mine is to be treated with incombustible dust,- (a) before treating with incombustible dust, all coal dust shall be cleaned, as far as practicable from the roof, sides, floor, props, cogs, bars, brattice cloth or any other objects or structure or place on which coal dust may deposit, and all dust so collected shall be removed to the surface within a period of twenty-four hours;
- 300. 240 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (b) incombustible dust shall be spread on the objects, structure and places aforesaid in adequate quantity and at such intervals as may be necessary to ensure compliance with the provisions of this sub-regulation; (c) the cleaning of coal dust and spreading of incombustible dust shall be carried out in the direction of the flow of the air; (d) a sufficient supply of incombustible dust shall be kept readily available at suitable places in the mine, and any deficiency in the supply of dust underground shall immediately be brought to the notice of the manager; and (e) incombustible dust stocked at different places and kept on pans or on dust barriers in the mine shall be changed whenever it is no longer readily dispersible or whenever it becomes coated with coal dust, such dust shall be removed. (7) A daily record of the areas cleaned of coal dust and of the areas treated with incombustible dust or with water and the amount of incombustible dust used shall be maintained in a bound paged book kept of the purpose and every entry in such book shall be signed and dated by the dust in-charge, and countersigned and dated by the manager or the ventilation officer. (8) The dust control measures shall be carried out under the supervision of a competent person holding a manager’s or overman’s certificate or a degree or diploma in mining or mining engineering from a university or institution approved by the Central Government, who may be designated as the “Dust In- charge”. (9) No duties with respect to sampling of dust under regulation 145 shall be entrusted to the Dust In-charge, nor any other duties shall be entrusted to such person except with the previous permission in writing of the Regional Inspector: Provided that in the case of a mine having an average monthly output of less than 5000 tonnes, the Dust In-charge referred to in this regulation can act as the Sampling In-charge referred to in regulation 145. (10) The Dust In-charge shall also ensure that- (a) every part of the mine which, under these regulations, requires treatment with water, is thoroughly drenched or sprayed with water immediately before firing shots and also at intervals during the working hours so as to strictly comply with the provisions of clause (b) of sub-regulation (3); (b) every part of the mine which, under these regulations can be treated with incombustible dust, is so treated as to strictly comply with the provisions of clause (a) of sub-regulation (3); (c) the arrangements for treating with water or incombustible dust as aforesaid are maintained in good order. 145. Check on measures for dust control.– (1) For the purposes of ensuring adequate treatment of coal dust as required under regulations 143 and 144, systematic samples of mine dust shall be collected, tested and analysed at intervals and in the manner specified in this regulation. (2) Every return airway as lies within two hundred meters of the last working face and every haulage, tramming or conveyor roadway which is not naturally wet throughout, shall be divided into zones not longer than one hundred and fifty meters each: Provided that where in a mine some parts are being treated with water and others with incombustible dust, the zones shall be so formed that in each zone only one system of treating coal dust is being followed. (3) Every zone formed under sub-regulation (2) shall be divided into three equal sections, each not exceeding 50 meters in length. (4) Every zone formed under sub-regulation (2) shall be given a distinct number and every section formed under sub-regulation (3), the code letters a, b or c in a systematic manner. (5) The zones and sections, with their numbers and code-letters, shall be clearly marked on a plan prepared on a scale having a representative factor of not less than 2000:1 hereinafter called the “sampling plan”, clearly showing the areas of the mine that are naturally wet throughout.
- 301. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 241 (6) Every zone and section shall also be distinctly demarcated in the workings below ground by means of suitable notice boards or by other suitable means. (7) Representative samples of dust shall be collected once in every thirty days from every zone, and for this purpose samples may be collected from different sections such as a, b or c in rotation such that, during every such period of thirty days, all samples are collected from the section a or section b or section c. (8) Representative samples referred to in sub-regulation (7) shall be collected in a systematic manner irrespective of the cleaning and treating operations but shall in no case be collected within a period of twenty-four hours of cleaning and treating of any zone, section or part thereof. (9) If the representative sample of mine dust from any particular zone shows that the provisions of sub- regulation (3) regulation of 144 have not been complied with, immediate steps shall be taken to clean and treat whole of the zone so as to comply with the provisions of the said regulation. (10) In every travelling roadway, and in every airway other than those specified in sub-regulation (2), samples shall be taken in such a systematic manner and at such intervals not exceeding three months, to maintain proper check on the efficiency of the treatment thereof in terms of sub-regulation (5) of regulation 144. (11) Samples of dust shall be collected from roof, sidesand floor, and shall comprise of dust collected to a depth not exceeding five millimeters on the roof and sides, and to a depth not exceeding 10 millimeters on the floor. (12) Where a zone is treated with incombustible dust, the samples shall be collected by a method of strip sampling, the strips being as near as possible of equal width of not less than 10 centimeters, and at uniform intervals not exceeding five meters. (13) Where a zone is treated with water, the samples shall be collected by a method of “spot sampling” such that a spot-collection of dust is made for every meter of the length sampled, as nearly as possible at regularly spaced intervals along a zigzag path. (14) In collecting the samples, the strips shall be extended into or spot collections made from any cross galleries up to the air-stoppings, if any. (15) Each sample shall be well-mixed and then reduced in bulk (by quartering) to a weight of not less than 30 grams and each sample so reduced shall be packed in a moisture-proof container which shall be suitably labeled or marked. (16) The sampling operations shall be carried out under the supervision of a competent person holding a manager’s or overman’s certificate or degree or diploma in mining or mining engineering from a university or institution approved for the purpose, who shall be designated as the “Sampling Incharge” and no other duties shall be entrusted to this person except with the previous permission in writing of the Regional Inspector. (17) Within seven days of taking of each sample, it shall be sent for analysis and the result of such analysis, immediately on its receipt, shall be recorded in a bound-paged book kept for the purpose and every entry in this book shall be signed and dated by the sampling incharge and be countersigned and dated by the manager. Explanation.- A place in a mine is considered naturally wet throughout, if it is moist enough to keep the coal dust present, at any time, on the roof, sides and floor and other objects at that place so that it is always combined with not less than 30 per cent. by weight of water in intimate mixture. 146. Stone dust barriers.– (1) In every gassy seam of the second or third degree or in the development workings in a gassy seam of the first degree in which there is likelihood of occurrence of inflammable gas in dangerous quantities, additional precautions shall be taken by providing stone dust barriers to prevent an ignition or explosion from extending from one part of the mine to the other. (2) Every stone dust barrier shall be of such a type as may be approved by the Chief Inspector by a general or special order in writing and shall be maintained in such manner as may be specified in the said order : Provided that the Chief Inspector may permit in any mine or part thereof alternative precautionary measures to be taken in lieu of stone dust barriers.
- 302. 242 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (3) If any dispute arises as to whether stone dust barriers or other alternative precautionary measures are required to be provided in any part of a gassy seam of the first degree, under sub-regulation (1), the question shall be referred to the Chief Inspector who shall decide the same. 147. Precautions against eruption of gas.– Where any working is extended to within 30 meters of any goaf or disused workings containing or likely to contain an accumulation of inflammable or noxious gases, there shall be maintained at least one bore-hole not less than 1.5 meters deep in advance of the working and the operation of drilling the bore hole shall be carried out under the supervision of a competent person, and no lamp or light other than an approved safety lamp or torch shall be used in any such working. 148. Recovery and exploratory work.– (1) After an explosion of inflammable gas or coal dust has occurred in a mine, only such persons as are authorised by the manager or by the principal official present at the surface, shall be allowed to enter the mine. (2) Where it is intended or proposed to reopen a mine or part thereof, which has been isolated, sealed off or flooded with water to deal with a fire or spontaneous heating, the owner, agent or manager shall not less than thirty days before the commencement of such work, give notice in writing of such intention or proposal to the Regional Inspector and the Chief Inspector. (3) Where it is intended to carry out any exploratory work in a mine or part belowground likely to contain irrespirable atmosphere,- (a) all work shall be done under rescue cover only; (b) no party of less than three persons shall be allowed to proceed to carry out such work; and (c) every such party shall carry a suitable apparatus approved by the Chief Inspector for detecting carbon monoxide gas and also an approved flame safety lamp. 149. Danger from surface water.– (1) Where any mine or part thereof is so situated that there is any danger of inrush of surface water into the mine or part, adequate protection against such inrush shall be provided and maintained, and whether such protection is adequate or not may be determined by the Chief Inspector, whose decision shall be final. (2) Except with the previous permission of the Chief Inspector in writing and subject to such conditions as he may specify therein and subject to the provisions of sub-regulation (1), every entrance into a mine shall be so designed, constructed and maintained that its lowest point (which means the point at which a body of rising water on surface can enter the mine) shall be not less than 1.5 meters above the highest flood level at that point. (3) Every year, during the rains constant watch shall be kept on the flood levels on the surface of the mine and if at any time the levels cross the highest levels earlier recorded, such levels shall be marked by permanent posts along the edges of water and the new highest levels thus observed shall be recorded with the date as the highest flood level on the plans by an actual survey: Provided that the highest flood level shall not be plotted on plans by interpolations. (4) If there are water dams or reservoirs built across rivers and water courses on the upstream side of the mine, arrangements shall be made for communication between appropriate authorities for the purpose of ascertaining the quantity and timing of water released from the dams which is likely to endanger safety of the mine and arrangement for similar communication shall be made when water level rises on the upstream side which is likely to endanger any mine. (5) In every mine which is likely to be endangered by surface water, the highest flood levels and danger levels at least 1.2 meters or as required by the Regional Inspector, below the highest flood level, shall be permanently marked at appropriate places on the surface and whenever water rises towards the danger level at any place, all persons shall be withdrawn from the mine sufficiently in advance and for this purpose adequate arrangements of quick communication to all parts of the mine by effective systems shall be provided and maintained. (6) No working shall be made in any mine vertically below- (a) any part of any river, canal, lake, tank or other surface reservoir; or (b) any spot lying within a horizontal distance of 15 meters from either bank of a river or canal or from the boundary of a lake, tank or other surface reservoir,
- 303. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 243 except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (7) Every application for permission under sub-regulation (6) shall be accompanied by two copies of a plan and section showing the existing position of the workings of the mine, the proposed layout of workings, the depth of the workings from the surface, the position and depth of any goaves in every seam in the neighborhood, all faults, dykes and other geological disturbances and such other particulars as may affect the safety of the mine or of the persons employed therein. Explanation.– Where sand or alluvium are lying in the course of a river, canal, lake, tank or reservoir, the depth from the surface shall be reckoned from the surface of hard ground underlying such sand or alluvium. (8) All workings made under sub-regulation (6) shall be clearly demarcated belowground. (9) A competent person shall, once at least in every fourteen days during the rainy season and once at least in every thirty days during other periods of the year, examine every protective measure provided under sub-regulations (1), (2), (3), (4) and (5), whether in use or not, for their stability, and a report of every such examination shall be recorded in a bound paged book kept for the purpose, which shall be signed and dated by the person making the examination and countersigned and dated by the manager. (10) The protective measures and workings shall also be inspected, once at least in every quarter by the manager personally. 150. Danger from underground inundation.– (1) Proper provision shall be made in every mine to prevent eruption of water or other liquid matter or any material that is likely to flow when wet from the workings of the same mine or of an adjoining mine and to prevent accidents while drilling bore-holes for probe or release of a body of water or other liquid matter or any material that is likely to flow when wet. (2) Where work is being done in – (i) any seam or section below another seam or section; or (ii) any place in a seam or section, which is at a lower level than any other place in a lower seam or section; or (iii) any place in a seam approaching a fault passing through an upper seam or section, which contains or may contain an accumulation of water or other liquid matter or any material that is likely to flow when wet; or (iv) any water-bearing strata, all useful information including the position, extent and depth of the above mentioned features shall be acquired and kept recorded and a scheme of working designed to prevent eruption of water or other liquid matter or any material that is likely to flow when wet shall be prepared and put into operation. (3) Without prejudice to the requirement of sub-regulation (1) and sub-regulation (2), no working which has approached within a distance of 60 meters of any other working (not being a working which has been physically examined and found to be free from accumulation of water or other liquid matter or any material that is likely to flow when wet), whether in the same mine or in an adjoining mine, shall be extended further except with the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. For the purposes of this sub-regulation, the distance between the said workings shall mean the shortest distance between the workings of the same seam or between any two seams or sections, as the case may be, measured in any direction whether horizontal, vertical or inclined. (4) Every application for permission to extend any working referred to in sub-regulation (3) shall be accompanied by two copies of the plan and section showing- (a) the outlines of all such disused or abandoned workings in relation to the working approaching them and also the depth of such disused or abandoned workings from the surface; (b) the outlines, the layout and the method of the proposed working for which permission is sought; (c) the faults, dykes and other geological disturbances in relation to workings specified in clause (a) or (b); and
- 304. 244 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (d) any other information that is available with the management and other particulars or information that may be required by the Chief Inspector. (5) When permission is granted to extend any working referred to in sub-regulation (3) or sub-regulation (6), it shall be extended strictly in accordance with the plan and the method approved under, and the conditions specified in such permission; and there shall be no variation therefrom unless such variation is again approved by the Chief Inspector. (6) Whenever seepage of water which is not normal to the seam is noticed at any place in any working or if there be any such suspicion or doubt, such working shall immediately be stopped and the Chief Inspector and the Regional Inspector shall forthwith be informed of such seepage and such working shall not be extended further except with the prior permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (7) The height and width of any working referred to in sub-regulation (3) or sub-regulation (6) shall not exceed 2.4 meters and there shall be maintained at least one bore-hole near the centre of the working face, and sufficient flank bore-holes on each side and where necessary, bore-holes above and below the working at intervals of not more than five meters. (8) All such bore-holes referred under sub-regulation (7) shall be drilled sufficiently close to each other to ensure that the advancing face will not accidentally hole through into a working containing water or liquid matter or any material that is likely to flow when wet and shall be constantly maintained at sufficient distance in advance of the working and such distance shall in no case be less than three meters. (9) The precautions under this regulation shall be carried out under the direct supervision of an official, having Manager’s Certificate or Overman’s Certificate specially authorised for the purpose. (10) A record showing the exact height and width of such workings, the number of bore-holes driven, the length of each bore-hole, the places at which and the direction in which each bore-hole was driven, shall be maintained by the official referred to in sub-regulation (9) in a bound paged book kept for the purpose and the entries made therein shall be signed and dated by such competent person and shall be countersigned and dated by the manager every day. (11) A plan and section of the working referred to in sub-regulation (10), showing the particulars referred therein shall be prepared and maintained and they shall be brought up to date at least once in every fifteen days. (12) Unless specific relaxation is granted by the Chief Inspector in writing, the provisions of sub- regulations (7), (8) and (9), shall be strictly complied with while extending any working referred to in sub- regulation (3) or sub-regulation (6), whether or not the permission granted to extend such workings requires compliance with all or any of the provisions of sub-regulations (7), (8) or sub-regulation (9). (13) If the Chief Inspector is satisfied that the conditions in any mine or part thereof are such as to render compliance with all or any of the provisions specified in sub-regulations (7), (8) or sub-regulation (9), unnecessary or impracticable, he may, by an order in writing and subject to such conditions as may be specified therein, relax, vary or dispense with all or any of the conditions and requirements contained in those sub-regulations, and, if he is of the opinion that the conditions at any mine or part thereof are such as to require additional precautions to be taken, he may by an order in writing require that such additional precautions besides those specified in those sub-regulations shall be taken. 151. Intentional flooding.– (1) When the owner, agent or manager intends or proposes, by introducing water from the surface or from any other part of the mine or from an adjacent mine, to flood any part of the workings of his mine, he shall give, in writing, not less than fourteen days notice of such intention or proposal to the Chief Inspector and the Regional Inspector and to the management of all adjoining mines and of such other mines as might be affected by such flooding: Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit such operations to be commenced on any day prior to the expiry of the said notice period of fourteen days: Provided further that the Regional Inspector may, by an order in writing, either prohibit any such operation or require that such operation shall not be commenced until such precautions as he may specify therein, have been taken to his satisfaction.
- 305. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 245 (2) If the operations in respect of which notice is given under sub-regulation (1) are not commenced within sixty days from the expiry of the said notice period of fourteen days, the notice shall be deemed to have lapsed and the provision of the sub-regulation (1) shall apply as if no such notice had been given. 152. Construction of reservoir, water dam, etc.– (1) Where in any mine, it is intended to construct a reservoir, dam or other structure to withstand a pressure of water or other material which will flow when wet, or to control an inrush of water, the owner, agent or manager shall give in writing not less than fourteen days notice of such intention to the Regional Inspector, which shall be accompanied by two copies of plans and sections showing the design and other details of the proposed construction: Provided that where the safety of the mine or of the persons employed therein is seriously threatened, the provisions of this regulation shall be deemed to have been complied with if the said notice is given to the Regional Inspector as soon as the work of construction is commenced. (2) The Regional Inspector may, by an order in writing, require such modification or alternation to be made in the design of any such reservoir, dam or structure, as he may specify therein. CHAPTER XII VENTILATION 153. Standard of ventilation.– (1) It shall be the duty of the owner, agent or manager of every mine to take such steps as are necessary to constantly provide in all parts of the mine belowground which are not sealed off, adequate ventilation to clear away smoke, steam and dust, to dilute gases that are inflammable or noxious so as to render them harmless, to provide air containing sufficient oxygen and to prevent such excessive rise of temperature or humidity which may be harmful to the health of persons. (2) For the purposes of securing adequate ventilation as specified in sub-regulation (1), the owner, agent and manager shall ensure that- (a) in every ventilating district, not less than six cubic meters per minute of air per person employed in the district on the largest shift or not less than 2.5 cubic meters per minute of air per tonne of daily output, whichever is larger, passes along the last ventilation connection in the district which means the in-bye most gallery in the district along which the air passes; (b) at every place in the mine where persons are required to work or pass, the air does not contain less than 19 per cent. of oxygen or more than 0.5 per cent. of carbon dioxide or any noxious gas in quantity likely to affect the health of any person; (c) the percentage of inflammable gas does not exceed 0.75 in the general body of the return air of any ventilating district and 1.25 in any place in the mine; (d) the wet bulb temperature in any working place does not exceed 33.5 degrees centigrade, and where the wet bulb temperature exceeds 30.5 degrees centigrade, arrangements are made to ventilate the same with a current of air moving at a speed of not less than one meter per second; and (e) for ensuring compliance with the provisions of clauses (b), (c) and (d) of this sub-regulation, air samples and temperature readings shall be taken at least once in every thirty days and the results shall be recorded in a bound paged book kept for the purpose: Provided that at any mine or part, where special conditions exist, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, approve a ventilation scheme in variance with the aforesaid provisions. (3) In every mine, ventilation as specified in sub-regulation (2) shall be produced by a suitable mechanical ventilator. (4) If with respect to any mine or part thereof the Regional Inspector is of the opinion that the ventilation is not adequate, he may by an order in writing, require the installation and maintenance of such mechanical ventilator as is capable of producing adequate ventilation in the mine or part. 154. Main mechanical ventilator, its drive and fittings.– (1) Every main mechanical ventilator in a mine shall be capable of producing adequate ventilation in the mine or part thereof, and shall be installed on the surface at a distance of not less than 10 meters from the opening of the shaft or incline at any point.
- 306. 246 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided that the provisions of this sub-regulation in so far as they require the installation of the main mechanical ventilator at a distance of not less than ten metres from the opening of the shaft or incline, shall not apply to a mechanical ventilator installed on the surface before the 24th day of October, 1957. (2) If electricity is used for driving the mechanical ventilator, electrical energy shall be supplied to the drive motor of the ventilator through a separate circuit from the main distribution point of the mine. (3) In every belowground working, two different sources of power to the mechanical ventilator shall be provided. (4) There shall be provided and maintained at every main mechanical ventilator, a recording instrument to continuously register the pressure developed. (5) Every main mechanical ventilator shall be so designed, installed and maintained that the current of air can be reversed when necessary. (6) At every shaft or incline ordinarily used for lowering or raising of persons or materials where a mechanical ventilator is installed, there shall be provided a properly constructed air lock. 155. Restriction on installation of mechanical ventilator belowground.– (1) In every fiery seam or gassy seam of the second or third degree, the following provisions shall have effect in relation to the installation belowground of booster fans, namely:- (a) no booster fan shall be installed belowground in the mine unless the manager is satisfied, as a result of a survey of the ventilation of every part of the mine liable to be affected, that such installation is necessary or expedient for the proper ventilation of the mine and that it should be installed; and (b) seven days’ prior notice of every such installation under clause (a), together with particulars of the survey aforesaid, shall be sent to the Regional Inspector. Explanation.– For the purposes of this regulation, it is clarified that the shifting of a booster fan from one place to another shall be deemed to be an installation of a booster fan. (2) The Regional Inspector may at any time, by an order in writing, require the use of any booster fan installed belowground in the mine to be discontinued. 156. Installation and maintenance of mechanical ventilator.- (1) In every belowground coal mine where a booster or auxiliary fan is electrically driven, the drive motor, unless it is so constructed, installed, operated and maintained as to prevent the risk of open sparking, shall not be placed in a return airway. (2) The installation and maintenance of every mechanical ventilator and booster fan shall be supervised and controlled by a competent person appointed for the purpose. (3) A competent person appointed for maintenance of mechanical ventilator and booster fan shall once at least in every seven days, examine every mechanical ventilator and booster fan in use and shall record the results of such examinationin a bound paged book kept for the purpose and any serious defect revealed by such examination shall without delay be brought to the notice of the manager. (4) Except in an emergency, no person shall start, stop, restart, remove or in any way alter, repair or interfere with any ventilator or booster fan, except by or on the written authority of the manager or other official authorised in writing in this behalf. (5) The written authority referred to under sub-regulation (4) shall clearly specify the conditions under which a ventilator or booster fan shall be started, stopped or restarted, the period for which it can be stopped and the procedure for removal, repair, alterations or interference with such fans. (6) Particulars of every alteration and every stoppage, including any stoppage beyond control, together with the duration thereof shall be recorded by the competent person appointed under this regulation, in a bound paged book kept for the purpose: Provided that whenever a mechanical ventilator or a booster fan has been stopped for any reason whatsoever, the competent person shall immediately record the time of stoppage in the aforesaid book and send it to the manager or the person authorised in this behalf for his appraisal and the manager, or the person authorised, as the case may be, shall sign the entry with date in the bound paged book in respect of the stoppage.
- 307. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 247 Provided further that when the stoppage of mechanical ventilator or a booster fan has been brought to the notice of the official other than the manager or person authorised in this behalf, the said official shall immediately inform the fact in writing to the manager or in his absence,to any person authorised in this behalf or the official superior to the manager, about such stoppage and the manager or such person or superior official, as the case may be, shall acknowledge in writing the receipt of such information sent to him and shall, without prejudice to the standing order under regulation 157, take such action as may be expedient for the safety of persons employed in the mine and the details of every action thus taken by him shall be recorded in the aforesaid book. (7) The manager or the person authorised or the senior official, referred to in the sub-regulation (6), on being informed or coming to know of the stoppage of a mechanical ventilator or a booster fan, shall decide about disconnecting electric supply to the mine and the extent of such disconnection and the details of such disconnection shall be entered in the bound paged book kept for the purpose: Provided that in the case of stoppage of the mechanical ventilator or the booster fan, the electrical supply or the other source of drive to any auxiliary fan, if installed, shall be disconnected immediately by an arrangement of sequence control, or other effective arrangement. (8) (a) In every mine in which a mechanical ventilator is in use, the quantity of air shall, once at least in every fourteen days, be measured- (i) in every main intake and return airway of every seam or section, as near as practicable to the entrance to the mine; (ii) in every split, as near as practicable to the point at which the split commences; (iii) in every ventilating district, as near as practicable to the point where the air is sub-divided at the end of a split and also where it enters the first working place; and (iv) any other point that the Regional Inspector may, by an order in writing, specify, (b) The measurements referred to in clause (a) shall be entered in a bound paged book kept for the purpose: Provided that in a non-fiery seam or a gassy seam of the first degree it shall be sufficient to take the air measurement once in every thirty days. (9) The measurements referred to in sub-regulation (8) shall also be taken and recorded whenever the system of ventilation is so altered as to substantially affect or likely to affect the ventilation of the mine. (10) Every such ventilator or fan shall be in charge of a competent person appointed for the purpose, who shall not be entrusted with any other additional duties which may interfere with his duties as in-charge of ventilator or fan, as the case may be. 157. Standing orders.– (1) The manager of every mine in which a mechanical ventilator other than an auxiliary fan is installed shall submit, within a period of thirty days of the installation to the Regional Inspector, standing orders specifying the action that shall be taken with respect to the withdrawal of persons from the mine or part thereof in the event of a stoppage of the ventilator. (2) The Regional Inspector may, by an order in writing, approve the standing orders referred to in sub- regulation (1), either in the form submitted to him or with such additions and alterations as he may think fit and the standing orders so approved shall be enforced at the mine. (3) A copy of the standing orders in English and other local language understood by majority of the persons employed in the mine shall be displayed at conspicuous places in the mine, both above and belowground. 158. Splits and airways.– (1) For the purposes of ventilation, every mine shall be divided into such number of districts or splits as to ensure that separate current of fresh air is made available in every such district or split. (2) The intake air shall be so arranged as to travel away from all stagnant water.
- 308. 248 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (3) In every ventilating district there shall be provided two independent intake airways one of which shall be used as a travelling roadway: Provided that if the Regional Inspector is satisfied that compliance with this regulation is not reasonably practicable, he may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the provisions thereof. (4) Every connection between a main intake airway and a main return airway shall, until it is no more required and has been sealed off, be provided with at least two doors so spaced that whenever one door is opened, the other door can be kept closed and steps shall be taken to ensure that at least one of the doors is always closed. Provided that any such connection which is no more required shall be effectively sealed. 159. Brattices, doors, stoppings and air-crossings.– (1) There shall be provided and maintained in every mine, such number of air-crossings, stoppings, doors, brattices and other devices as may be adequate to ensure compliance with the provisions of regulation 153. (2) In case of any doubt as to the adequacy of such ventilation devices, it shall be referred to the Chief Inspector for decision. (3) The space between the frame of every ventilation door and the roof and sides of the roadway shall be built up with masonry or concrete, not less than 25 centimeters in thickness. (4) Every ventilation door shall be self-closing and whenever opened, it shall be closed as soon as possible, and shall not be propped or fixed so as to remain open. (5) If the ventilation door is required to be frequently kept open for the passage of men or material, there shall be throughout every working shift, a door attendant at the door. (6) If a door is not in use, it shall be taken off its hinges and placed in such position that it shall not cause any obstruction to the air current. (7) Every stopping between the main intake and main return airways shall be constructed of masonry or brickwork or of concrete without reinforcement, not less than 25 centimeters in thickness, and if constructed of properly reinforced concrete, not less than 15 centimeter thickness or such greater thickness as may be required by the Regional Inspector, and shall be faced with a sufficient thickness of lime or cement plaster to prevent leakage of air. (8) In case of a mine having problems of fires or spontaneous heating along with the working of coal seams of degree two or degree three gassiness, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, require construction of explosion proof ventilation stoppings between the main intake and the main return airways and at such other places as may be specified by him. (9) Every stopping in use shall be kept accessible for inspection. (10) The partitions and walls of every air-crossing shall be not less than 25 centimeters in thickness if constructed of masonry or of concrete not properly reinforced, and not less than 15 centimeters in thickness if constructed of properly reinforced concrete. (11) Every air-crossing, ventilation stopping, door or brattice shall be maintained in efficient working order and good repair. (12) A competent person shall, once at least in every fourteen days, examine every airway, air crossing, ventilation stopping and door in use, and shall record the result thereof in a bound paged book kept for the purpose, and shall sign the same and date his signature. 160. Velocity of air current.– The velocity of air current measured in meters per minute at the place shown in column (2) shall be not less than that shown in column (3) for the different seams shown in column (1) of the Table given below:-
- 309. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 249 TABLE Degree of gassiness Place where velocity of air is to be measured Velocity of air (1) (2) (3) First, second or third degree Immediate outbye ventilation connection from the face. 30 First or second degree (i) 4.5 meters from any face whether working or discontinued on the intake side of the brattice or partition. (ii) 7.5 meters outbye of the discharge end of an air pipe. (iii) At the maximum span of a longwall face. 30 15 60 Third degree (i) 4.5 meters from any face whether working or discontinued on the intake side of the brattice or partition. (ii) 7.5 meters outbye of the discharge end of an air pipe. (iii) At the maximum span of a longwall face: 45 25 75 Provided that if in the opinion of the Chief Inspector or the Regional Inspector the compliance with the above provision is not practicable or not necessary, he may, by an order in writing and subject to such conditions as may be specified therein exempt partially or totally any mine from the provisions of this regulation. 161. Auxiliary fans.- (1) Every auxiliary fan: (a) shall be installed, located and worked in such a manner that- (i) a sufficient quantity of air shall, at all times, reach it so as to ensure that it does not re- circulate air; and (ii) there is no risk of air, which it circulates, being contaminated by any substantial quantity of inflammable or noxious gases or dust; (b) shall, whether driven electrically or otherwise, be efficiently connected with earth so as to avoid the accumulation of an electrostatic charge; and (c) shall have an air-duct for conducting the air to or from the face or blind end, which shall be so maintained as to minimise any leakage of air and to ensure an adequate supply of air to within 3.0 meters of the face or blind end. (2) No auxiliary fan shall be started, stopped, removed, replaced or in any way altered or interfered with, except by or on the authority of an official. (3) No person shall enter or remain in any place which is dependent for its ventilation on an auxiliary fan, unless such fan is operating efficiently: Provided that whenever the ventilation of any such place has been interrupted, whether by the stoppage of the fan or otherwise, no person shall so enter or remain therein, except for the purpose of restoring the ventilation, unless the place has been examined by a competent person and declared safe. (4) In every belowground working, conditions for installation of two or more auxiliary fans in the same ventilating district or split shall be specified by the Chief Inspector in a general order. 162. Precautions against fire in ventilation appliances.- (1) Every mechanical ventilator on the surface shall be installed in a suitable fire proof housing. (2) In the case of every fan other than an auxiliary fan installed belowground, the coal or other carbonaceous material exposed in the sides, roof and floor shall be covered with masonry or other fire
- 310. 250 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] resistant sealant as protection against fire, for a distance of not less than 5 meters in every direction from the fan. (3) The covering of every shaft sealed off or covered for ventilation purposes, every fan drift, duct or casing and every part of a mechanical ventilator or fan within such drift, duct or casing, and every air- crossing and ventilation door shall be constructed of fire-proof material: Provided that this regulation shall not apply to the small lid of a shaft-covering operated by the rope cappel. 163. Ventilation plans to be brought up-to-date.– The manager shall ensure that as soon as any alteration is made in the ventilation of a mine involving the erection or removal of an air-crossing or stopping or the alteration in the position or installation of a ventilator or fan belowground, the erection, removal, alteration or installation, as the case may be, is notified to the surveyor who shall forthwith make necessary alterations on the ventilation plan maintained under regulation 65. 164. Obstructions, interruptions and alterations.- (1) No material or debris shall be allowed to accumulate in any level, drive, crosscut, roadway or any other part of the workings belowground so as to impede the ventilation. (2) Every roadway and working belowground which is not adequately ventilated shall be fenced or barricaded so as to effectively prevent persons entering the same. (3) If any person becomes aware of any obstruction in, or interference with or deficiency of ventilation in any mine or part thereof, he shall,- (a) if it falls within his power to remedy such obstruction, interference or deficiency, immediately take steps to do so; or (b) cease all work at that place, and shall forthwith inform his superior official of such obstruction, interference or deficiency. (4) Whenever there is any interruption of ventilation by the stoppage of any mechanical ventilator, including an auxiliary fan installed belowground, the official in charge of the mine or part shall immediately take precautionary measures including withdrawal of men, if necessary, against dangers that may arise out of non-compliance with the provisions of regulation 153, to restore the ventilation in the mine or part thereof. (5) No person shall alter the general system of ventilation in any mine or part except with the written authority of the manager: Provided that in case of an emergency, an official of the mine may carry out such alteration as he may deem necessary for the safety of persons, but he shall as soon as possible inform his superior official and the manager about the same in writing. 165. Precautions against gas during de-watering and re-opening.- (1) No disused mine or shaft shall be de-watered except under the constant supervision of a competent person and during such de-watering, approved safety lamps or torches shall be exclusively used, and there shall also be kept burning at every place where persons are at work, at least one approved flame safety lamp. (2) The first inspection of a mine or part which is re-opened after discontinuance of mining operations for a period exceeding seven days and of any part of a mine after being de-watered, shall be made by a competent person with an approved flame safety lamp or other approved apparatus for determining presence of inflammable or noxious gases and deficiency of oxygen and during such inspection, no additional light or lamp other than an approved electric torch or lamp shall be used. (3) The result of every such inspection shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the persons making the inspection, and countersigned and dated by the manager. 166. Precautions against inflammable and noxious gases.– (1) For the purpose of this regulation, inflammable gas shall be deemed to have been found or detected when it is indicated– (i) by a methane detector to be 0.1 per cent. or more in case of mine having degree one gassy seams; (ii) by a methane detector to be 0.5 per cent. or more in case of mine having degree two seams;
- 311. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 251 (iii) by the lowered flame of a flame safety lamp or, where methane detectors are used, they indicate one and a quarter per cent. or more of inflammable gas in case of mine having degree three gassy seams. (2) When any person detects the presence of inflammable gas, he shall not brush or waft it out, but shall immediately withdraw from the place and shall inform his superior official about the same. (3) Where in any place in a mine, inflammable or noxious gas is detected,- (a) all persons shall be withdrawn from the place; (b) the place shall be immediately fenced off so as to prevent persons inadvertently entering the same, and the competent person in charge shall, without delay, take steps to remove the gas by improving the ventilation. (4) During the removal of such gas under sub-regulation (3), all persons, except those necessary for such removal, shall be withdrawn from the return side of the ventilating district in which the gas has been detected unless the quantity of gas is, in the opinion of the competent person, so small that such withdrawal is not necessary: Provided that where the danger arises from the presence of inflammable gas, no naked light shall be used in the ventilating district in which the gas is detected. (5) No person shall be re-admitted into the place where the gas was detected until a competent person has examined the place and has reported that the place is free from gas. (6) Every examination referred to in sub-regulation (5) shall be made with a flame safety lamp or a suitable detector approved by the Chief Inspector and, in the case of noxious gas, also with suitable means of detecting carbon monoxide gas approved by the Chief Inspector. (7) Particulars of every occurrence referred to in sub-regulation (2) and of every examination made under sub-regulation (5), together with a statement as to where and when the gas was found and when it was removed, and in case of inflammable gas, the percentage thereof shall be recorded in a bound paged book kept for the purpose; and every such entry shall be signed and dated by the competent person making the report and countersigned and dated by the manager. 167. Inspection of unused working for gas.– (1) In any fiery seam or gassy seam of the second or third degree or where the Regional Inspector may require by an order in writing, all unused working which have not been sealed off, shall, once at least in every seven days be inspected by a competent person for the presence of inflammable or noxious gas. (2) A report of every inspection referred to in sub-regulation (1) shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person who made the inspection. 168. Safety lamps to be used in belowground mines.– No lamp or light other than an approved safety lamp or torch or other installation permitted under the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 shall be used or permitted to be used belowground in any mine: Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, exempt any mine or part thereof from the operation of this regulation on the ground that on account of its special character the use of safety lamps is not necessary therein. 169. Determination of percentage of inflammable gas and of environmental conditions.- (1) Where electric energy is used in any ventilating district, determination shall be made of the percentage of inflammable gas present in the general body of air and the following provisions shall apply in respect of such determination, namely:- (a) the determination shall be made by a competent person either by means of an apparatus of a type approved for the purpose by the Chief Inspector, or by analysis of samples of air: Provided that if determinations are made by the analysis of air, the samples shall be analysed within three days of the taking thereof:
- 312. 252 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided further that no apparatus as aforesaid shall be used unless it has been calibrated by its manufacturer or other approved agency within such period of time as specified from time to time by the Chief Inspector; (b) the determination shall be made or samples of air taken at suitable point fixed by the manager, on the intake side of the first working place and on the return side of the last working place in the district: Provided that where the Regional Inspector is of the opinion that the location of any such point is unsuitable, he may, by an order in writing, require the manager to fix some other point or points in substitution thereof; (c) the determination shall be made or samples of air taken, as the case may be, once at least in every seven days, so however that – (i) if any determination shows the percentage of inflammable gas to exceed 0.8, determination shall be made or samples of air taken at intervals not exceeding twenty-four hours for so long as such content exceeds that percentage and for the seven next following days, unless the Regional Inspector otherwise permits by an order in writing and subject to such conditions as he may specify therein; and (ii) if the determination made during the thirty days immediately preceding any day have shown the percentage of inflammable gas to be below 0.6, it shall be sufficient to make such determination or take such samples, once in every thirty days for so long as such content does not exceed that percentage: Provided that when any alteration is made in the system of ventilation so as to substantially affect or likely to affect the ventilation of the mine, such determination shall be made within period of twenty-four hours of such alteration; (d) particulars of every such determination under this regulation shall be recorded in a bound paged book kept for the purpose; and (e) if any determination in any ventilating district shows the percentage of inflammable gas to exceed one and a quarter, the supply of electric energy shall be cut off immediately from all cables and apparatus in the district, and a written report thereof submitted to the Regional Inspector forthwith. (2) If the Regional Inspector so requires by an order in writing in respect of any mine having workings belowground, determination shall, once at least in every thirty days, be made of temperature, humidity and such other environmental conditions at such points as the Regional Inspector may specify in the order. 170. Monitoring devices.- (1) The Chief Inspector may, if he considers necessary for the safety of persons, require by an order in writing that in any mine or any class of mines belowground, approved environmental monitoring devices to continuously record information regarding environmental conditions, to be installed belowground within such time and subject to such conditions as he may specify therein. (2) The Chief Inspector may, if he considers necessary for the safety of persons, require by a general or special order in writing analysis of mine air samples by gas chromatography or other equivalent technique. 171. General precautions in gassy mines.– (1) In every gassy mine, the precautionary measures as specified in sub-regulations (2) to (7) shall apply. (2) No working or gallery shall be extended to a distance of more than 3 meters from the nearest ventilation connection unless the current of air is coursed up to a point within 3 meters of the face by means of fire resistant pipes, tubes, brattices or other material. (3) No narrow main or advance gallery shall be driven more than three meters ahead of the widened gallery. (4) Every stopping between the main intake and the main return airway shall be substantially built and every air-crossing shall be so constructed and maintained as to withstand the force of an explosion. (5) The main air current shall be so split and coursed that an air current which ventilates a goaved out area, whether packed or unpacked, or any disused workings shall not, except with the prior permission in writing of the Regional Inspector and subject to such conditions as he may specify therein, ventilate any workings where coal is being extracted.
- 313. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 253 (6) No major alteration shall be made in the system of ventilation except with the prior permission in writing of the Regional Inspector and subject to such conditions as he may specify therein: Provided that where the safety of the mine or of the persons employed therein is seriously threatened, the provisions of this sub-regulation shall be deemed to have been complied with, if information of such alteration is sent to the Regional Inspector forthwith. (7) Except in an emergency, when a major alteration is made in the system of ventilation, only such persons as are engaged in making the alteration shall be present belowground. 172. Contrabands.– (1) No person shall have in his possession belowground in a mine any cigar, cigarette, biri, or other smoking apparatus, or any match or mobile phone or other apparatus of any kind capable of producing a light, flame or spark: Provided that nothing in this sub-regulation shall be deemed to prohibit the use belowground of any apparatus for the purpose of shot firing or of relighting safety lamps, of a type approved by the Chief Inspector. (2) For the purpose of ascertaining whether any person proceeding belowground into a mine has in his possession any article referred to in sub-regulation (1), a competent person other than the banksman, if any, shall be appointed to search every such person immediately before he enters the mine. (3) The competent person referred to in sub-regulation (2) shall be on duty throughout the shift, and no duties other than those under this regulation and sub-regulation (2) of regulation 179 shall be entrusted to him. (4) The competent person so appointed shall make a thorough search for the articles referred to in sub- regulation (1) and in particular shall- (a) search or turn out all pockets; (b) pass his hand over all clothing; and (c) examine any article in possession of the person searched. Such search shall be made every time a person proceeds belowground notwithstanding that he has been so searched previously also. (5) If the competent person suspects that the person searched is concealing any article as aforesaid, he shall detain him, and as soon as possible refer the matter to the manager or assistant manager. (6) No person being suspected under sub-regulation (5) shall be allowed to enter the mine until the manager or other superior official is satisfied that the person has no such article in his possession. (7) Any person who refused to allow himself to be so searched or who on being searched is found to have in his possession any of the article aforesaid, shall be guilty of an offence against this regulation. 173. Underground relighting stations.– (1) In every mine, lamp stations for relighting safety lamps may be fixed by the manager at suitable places belowground and every such station shall be legibly marked RELIGHTING STATION, which shall be situated in a main intake airway, and shall be placed in charge of a competent person. (2) No person shall be appointed as a competent person under this regulation unless he holds a Gas Testing Certificate. CHAPTER XIII LIGHTING AND SAFETY LAMPS 174. Whitewashing.– The roof and sides of the following places belowground in a mine shall be kept effectively whitewashed, namely:- (a) every shaft inset and shaft bottom or siding and every bye-pass which is in regular use; (b) the top and bottom of every haulage plane, every regular stopping place, siding, landing, pass-bye and junction, except within 100 meters of the face; (c) every travelling roadway;
- 314. 254 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (d) every room and place containing any engine, motor or other apparatus; and (e) every first aid station belowground. 175. General lighting.– (1) Adequate general lighting arrangements shall be provided during working hours- (a) on the surface where the natural light is insufficient- (i) in every engine house; (ii) in the vicinity of every working shaft; (iii) at every opencastworking; (iv) at every shunting or marshalling yard; (v) at every place where persons have to work; and (b) belowground – (i) at every shaft inset and shaft bottom or landing or siding which is in regular use; (ii) in every travelling roadway normally used by fifty or more persons during any shift: Provided that the provisions of this sub-clause shall be deemed to have been complied with where electric lamps or lights are provided to every person at work; (iii) at the top and bottom of every self-acting incline in regular use; (iv) at every place on a haulage roadway, at which tubs are regularly coupled or uncoupled or attached to or detached from a haulage rope; (v) at every place at which tubs are regularly filled mechanically; (vi) at every room and place containing any engine, motor or other apparatus; (vii) at every place where any pillar is under extraction; and (viii) at every first aid station belowground: Provided that the lighting fixtures installed in a gassy seam of the second or third degree and in the blind ends of a gassy seam of the first degree which are not ventilated by a mechanical ventilator shall comply with the provisions of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010. (2) The lighting provided in a mine shall, as far as possible, be so arranged as to prevent glare or eye strain. (3) Where electric energy is available at the mine, the lighting arrangement made under sub-regulation (1) shall be by electrical means. (4) Where electric lighting is used, an additional light or lamp having no connection with electric supply shall be kept continuously burning – (i) belowground, in every shaft inset and shaft bottom or landing in regular use and in every engine room; (ii) on the surface, after dark, at the top of every working shaft and in every engine room; and (iii) in travelling roadways and escape routes. (5) Every electrical lamp-fitting shall be so constructed as to protect it from accidental damage and adequate precaution shall be taken to prevent lamps being damaged from shot-firing. (6) Fluorescent or luminescent path finder or indicator shall be provided all along the travelling roadway and in the escape route in the mine. 176. Electric lighting in gassy mines.– (1) Subject to the provisions of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 relating to the use of electric energy in parts of mines in which inflammable gas is likely to occur in quantity sufficient to be indicative of danger, electric lighting from a source of supply external to the lighting unit may be used- (a) on any roadway or place ventilated by intake air; and (b) on any other roadway or place not within 270 meters of the nearest face.
- 315. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 255 (2) In every mine or part thereof to which regulation 168 applies, every electrical lighting apparatus shall be of a type approved by the Chief Inspector: Provided that electric lighting from a source of electric power enclosed in the lighting unit, electric lights which are fittings or accessories to machinery or electrical plant including signalling apparatus, and any other means of lighting not specifically mentioned in the regulation, may be used in the mine if so permitted by the Chief Inspector by an order in writing and subject to such conditions as he may specify therein. 177. Every person to carry a light.– (1) The owner, agent or manager shall provide every person employed belowground with a light or lamp adequate to enable him to perform his duties in a proper and thorough manner and no such person shall proceed or remain belowground without such light or lamp. Provided that on his return to the surface, every such person shall, unless otherwise directed by the manager by a general or special order in writing immediately return his lamp to the lamp room. (2) The number of safety lamps at every mine shall be adequate to permit thorough cleaning and checking before they are issued and in case of any doubt as to the sufficiency or otherwise of the safety lamps provided at a mine, it shall be referred to the Chief Inspector for decision. 178. Standard of lighting.– (1) If any doubt arises as to whether any lamp or light is of adequate lighting performance or not, it shall be referred to the Chief Inspector for decision. (2) The Chief Inspector may, from time to time, by a general or special order, specify – (a) the type of lamp to be provided to specified categories of persons employed in a mine; or (b) the standard of lighting to be provided in specified areas or places in a mine. 179. Maintenance and examination of safety lamps.– (1) For ensuring proper maintenance of safety lamps in use in the mines, the provisions of sub-regulations (2) to (7) shall apply. (2) A competent person appointed for the purpose shall clean, trim, examine and lock securely all such lamps before they are issued for use, and no such lamp shall be issued for use unless it is in safe working order and securely locked. (3) A competent person appointed for the purpose shall examine every safety lamp at the surface immediately before it is taken belowground for use and shall assure himself, as far as practicable from external observation that such lamp is in safe working order and securely locked: Provided that the person so appointed shall not perform any other duties, other than those prescribed under sub-regulations (2) and (3) of regulation 172. (4) A competent person appointed for the purpose shall examine every safety lamp on its being returned after use. (5) If on an examination made under sub-regulation (4), any lamp is found to be damaged or misused, he shall record the nature of the damage or misuse in a bound paged book kept for the purpose and every such entry shall be countersigned and dated by the manager. (6) The manager, assistant manager, or a competent person appointed for the purpose shall, once at least in every seven days, examine thoroughly every safety lamp in use, and shall record the results of examination of every such lamp in a bound paged book kept for the purpose. (7) No person shall be appointed as a competent person under this regulation unless he holds a Manager’s, Overman’s or Gas testing Certificate. Provided that, after coming into force of these regulations, a holder of Lamp Checker’s Certificate granted under regulation 12 of the Coal Mines Regulations, 1957, shall also deemed to be a competent person under this regulation. 180. Use of safety lamps.– (1) Every safety lamp shall be numbered and so long as the lamp is in use the number thereof shall be maintained in a legible condition. (2) A competent person appointed for the purpose shall maintain a correct record of the lamps issued from and returned to the lamp-room, and in the record so maintained, the number of the lamp issued to any person shall be entered against his name.
- 316. 256 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (3) If any person returns to the lamp-room a lamp other than the one issued to him, he shall explain the cause and circumstances of the change. (4) No unauthorised person shall either himself take or give out any safety lamp from the lamp-room. (5) Every person who receives a lamp shall satisfy himself that it is complete and in good order and should he find any defect therein, he shall immediately return it to the lamp-room. (6) No person shall willfully damage or improperly use, or unlock or open, or attempt to unlock or open any safety lamp. (7) Should any person find that the safety lamp in his possession has become defective, he shall at once carefully extinguish the flame, if any, and report the fact to his superior official. 181. Maintenance and repairs of safety lamps.– (1) Every safety lamp shall be properly assembled and maintained in good order and if any such lamp is found to be defective or damaged, it shall not be used or issued for use until the defect or damage has been remedied. (2) If the wires of any gauge of a flame safety lamp are broken or burnt away, the gauge shall not be reconditioned for further use. (3) Damaged and defective gauges, glasses or other parts of a safety lamp shall not be kept or stored in the safety lamp-room. (4) No glass of a safety lamp and no bulb of an electric safety lamp shall be replaced except by a glass or bulb of such type as the Chief Inspector may, from time to time specify by a general or special order, and no other part of a safety lamp, other than a wick or battery, as the case may be, shall be replaced except by a part manufactured by the manufacturers of the lamp to approved specifications. Provided that in the case of an imported safety lamp, a part manufactured indigenously may be used if it is of such design and make as is approved by the Chief Inspector. (5) No repaired part shall be used in a safety lamp: (6) In every flame safety lamp kept for the purpose of inspection or of testing for or detecting the presence of inflammable gas, no oil other than an oil of a type approved by the Chief Inspector shall be used. (7) No electric safety lamp shall be issued for use unless the covers of the battery and of the headpiece are properly assembled, securely locked and sealed, and the battery is properly charged. (8) No electric safety lamp shall be hung or held by the cable. 182. Precautions to be taken in safety lamp-rooms.– (1) No unauthorised person shall enter the safety lamp room. (2) No person shall smoke in the safety lamp-room. (3) Where petrol, benzol or any other highly volatile spirit is used in safety lamps, the following precautions shall be observed, namely:- (a) lamps shall be cleaned, refitted and refilled in a separate room; (b) only such quantity of volatile spirit as is required for one working day shall be kept in any such room; (c) internal relighters shall not be taken out of lamps and cleaned, repaired or refitted on the same table wherelamps are cleaned, refitted or refilled; (d) adequate number of suitable fire extinguishers shall be provided and kept ready for use in every such room. CHAPTER XIV EXPLOSIVES AND SHOTFIRING 183. Type of explosives to be used in mines.– (1) No explosive shall be used in a mine except that which is provided by the owner, agent or manager which shall be of good quality and in good condition.
- 317. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 257 (2) No explosive, other than a fuse or a detonator shall be issued for use in a mine, or taken into or used in any part of a mine, unless it is in the form of a cartridge: Provided that in case of opencast mine, site mixed slurry or emulsion explosives or ammonium nitrate fuel oil may be issued for use or taken into or used in non-cartridge form. (3) Explosive cartridges shall be used in mine only in the form in which they are received. (4) No liquid oxygen explosives shall be used in any mine. 184. Storage of explosives.– (1) No owner, agent or manager shall store, or knowingly allow any other person to store, within the premises of mine any explosive otherwise than in accordance with the provisions of the rules made under the Explosives Act, 1884 (4 of 1884). (2) Explosives shall not be taken into or kept in any building except a magazine duly approved by the Licensing Authority under the provisions of the Explosives Act, 1884 (4 of 1884). (3) Explosives shall not be stored belowground in a mine except with the approval in writing of the Chief Inspector and subject to such conditions as he may specify therein and such storage shall be done only in a magazine or magazines duly licensed in accordance with the provisions of rules made under the provisions of the Explosives Act, 1884 (4 of 1884). (4) Every license granted by the Licensing Authority under the provisions of the Explosives Act, 1884 (4 of 1884) for the storage of explosives, or a true copy thereof, shall be kept at the office of the mine. 185. Magazines, stores and premises to store explosives.– (1) Every magazine, or store or premises, where explosives are stored shall be in charge of a competent person who shall be responsible for the proper receipt, storage and issue of explosives. (2) Explosives shall not be issued from the magazine unless they are required for immediate use: Provided that if any explosive is returned to the magazine or store or premises, they shall be re- issued before fresh stock is used. (3) Explosives shall be issued only to competent persons upon written requisition signed by the shot-firer or by an official authorised for the purpose, and only against their signature or thumb impression, which shall be preserved by the person in charge of the magazine or store or premises. (4) The person in charge of the magazine or store or premises shall maintain, in a bound paged book kept for the purpose, a clear and accurate record of explosives issued to each competent person and a similar record of explosives returned to the magazine or store or premises. 186. Cases and containers for carrying explosives.- (1) No explosive shall be issued from the magazine or taken into any mine except in a case or container of substantial construction which is securely locked: Provided that cases or containers made of iron or steel shall be heavily galvanised and no case or container provided for carrying detonator shall be constructed of metal or other conductive material. (2) No detonator shall be kept in a case or container which contains other explosives, materials or tools and two or more types of detonators shall not be kept in the same case or container: Provided that nothing in this sub-regulation shall restrict the conveyance of primer cartridges fitted with detonators in the same case or container for use in a wet working or in a sinking shaft. (3) No detonator shall be taken out from a case or container unless it is required for immediate use. (4) Except as otherwise provided for in regulation 188, no case or container shall contain more than five kilograms of explosives, and no person shall have in his possession at one time in any place more than one such case or container : Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the carrying of a larger quantity of explosives in a single case or container, or the use, at one time in one place, of more than one such case or container. (5) Every case or container shall be numbered and as far as practicable, the case or container shall be issued to the same shot-firer or competent person, as the case may be, every day.
- 318. 258 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (6) The key of every case or container shall be retained by the shot-firer in his own possession throughout his shift. 187. Transport of explosives.– (1) While explosives are being carried on a ladder, every case or container shall be securely fastened to the person carrying it. (2) No person other than a shot-firer shall carry any priming cartridge into a shaft which is in the course of being sunk and no such cartridge shall be so carried except in a thick felt bag or other container sufficient to protect it from shock. 188. Transport of explosives in bulk.– The conditions and other details for transport of explosives in bulk shall be specified by the Chief Inspector in a general order. 189. Reserve Station.– (1) No case or container containing explosives shall be left or kept in a mine except in a place appointed by the manager for the purpose and legibly marked “RESERVE STATION”. (2) The conditions for site selection and other details for establishing a reserve station in a mine shall be specified by the Chief Inspector in a general order. 190. Shot-firers.– (1) The preparation of charges and the charging and stemming of holes shall be carried out by or under the personal supervision of a competent person, in these regulations referred to as a “shot-firer”, who shall fire the shots himself. (2) No person shall be appointed to be a shot-firer unless he holds - (a) a Manager’s Certificate or Overman’s Certificate or a Sirdar’s Certificate together with a gas-testing certificate in case of belowground mines; and (b) a Manager’s Certificate, Overman’s Certificate or a Sirdar’s Certificate in the case of open cast working: Provided that, after coming into force of these regulations, shot-firer holding a Shot-firer’s Certificate granted under regulation 12 of the Coal Mines Regulations, 1957, shall also deemed to be a shot-firer under this regulation. (3) The competent person appointed as shot-firer shall not be given any other duty nor any one performing any other duty shall be allowed to perform shot firng. (4) No person whose wages depend on the amount of coal, rock or debris obtained by firing shots, shall be appointed to perform the duties of a shot-firer. (5) The manger shall fix, from time to time, the maximum number of shots that a shot-firer may fire in any one shift and such number shall be based on: (a) the time normally require to prepare and fire a shot in accordance with the provisions of these regulations; (b) the time required for that shot-firer to move between places where shots are fired; (c) the assistance, if any, available to him in the performance of his said duties; and shall not in any case exceed,- (i) in the case of a gassy seam of second or third degree or a fiery seam, forty, if a single shot exploder is used and eighty, if a multi-shot exploder is used; (ii) in the case of other seams, fifty, if a single-shot exploder is used and hundred, if a multi- shot exploder is used; (iii) in the case of opencast mines, sixty, if a single shot exploder is used or if blasting is done with ordinary detonators and one hundred and twenty, if a multi-shot exploder is used: Provided that where special conditions exist, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, permit number of shots to be fixed in variance with the aforesaid provisions. (6) The number of detonators issued to, and in the possession of, a shot-firer during his shift shall not exceed the maximum number of shots that he is permitted to fire under sub-regulation (5). 191. Shot-firing tools.– Every shot-firer on duty shall be provided with- (a) a suitable shot-firing apparatus;
- 319. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 259 (b) a suitable shot-firing cable; (c) a suitable electric lamp or torch, a whistle and a stop watch; (d) a tool, made entirely of wood, suitable for charging and stemming shot-holes; (e) a scraper made of brass or wood suitable for cleaning out shot-holes; (f) a pair of suitable crimpers for crimping detonators; (g) where detonators are used, a pricker made of wood or of a non-ferrous metal for priming cartridges; (h) a suitable tool for detecting cracks; (i) a methanometer for detection of inflammable gas in case of solid blasting; (j) a circuit tester for checking shot-firing circuits. (2) No tool or appliance other than that provided under sub-regulation (1) shall be used by a shot-firer. 192. Drilling, charging, stemming and firing of shot-holes.– (1) No drill shall be used for drilling a shot-hole unless it allows a clearance of at least 0.3 centimeters over the diameter of the cartridge of explosives, which it is intended to use. (2) No shot-hole shall be charged before it is thoroughly cleaned. (3) Before any shot-hole is charged, the direction of the hole shall, where practicable, be distinctly marked on the roof or other convenient place. (4) No detonator shall be inserted into a priming cartridge until immediately before it is to be used, however that in case of wet workings, priming cartridges may be prepared at the nearest convenient dry place and such primed cartridges shall be carried to the working place in a securely closed case or container. (5) Detonators once inserted into a priming cartridge shall not be taken out. (6) In belowground workings the explosive used in any shot-hole shall be of the same type. (7) In opencast mines, to use two types of explosives in any shot-hole, the manager shall frame and enforce standing orders for the safe use of explosives and a copy of the same shall be submitted to the Regional Inspector. (8) The shot-firer shall, to the best of his judgment, ensure that no shot-hole is over-charged or under- charged, having regard to the task to be performed. (9) Shots shall be fired electrically or by any other means or instruments or apparatus as approved by the Chief Inspector. (10) Every shot-hole shall be stemmed with sufficient and suitable non-inflammable stemming so as to prevent the shot from blowing out. (11) Only sand loosely filled in, or soft clay lightly pressed home, or a compact but not hard mixture of sand and clay or water shall be used as stemming and in no case, shall coal dust be used for the purpose of stemming. (12) In charging or stemming a shot-hole, no metallic tool, scraper or rod shall be used and no explosive shall be forcibly pressed into a hole of insufficient size. (13) No shot shall be fired except in a properly drilled, charged and stemmed shot-hole. (14) All surplus explosives shall be removed from the vicinity of a shot hole before connecting the shot firing cable to the shot holes. (15) As far as practicable, a shot shall be fired by the same shot-firer who charged it. (16) No shot-hole shall be charged except those which are to be fired in that round and all shot-holes which have been charged shall be fired in one round. (17) Where a large number of shots have to be fired, shot-firing shall, as far as practicable, be carried out between shifts.
- 320. 260 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (18) No person shall remove any stemming, or pull out any detonator lead, or remove any explosive from a shot-hole either before firing or after a misfire, or bore out a hole that has once been charged, or deepen or tamper with empty holes or sockets. 193. Use of ammonium nitrate fuel oil.– Conditions for use of ammonium nitrate fuel oil in a mine shall be specified by the Chief Inspector in a general order. 194. Deep-hole blasting.– Conditions for conduct of deep hole blasting in a mine shall be specified by the Chief Inspector in a general order. 195. Electric shot-firing.– (1) No shot shall be fired except by means of a suitable shot-firing apparatus of a type approved by the Chief Inspector and the number of shots fired at any one time by the apparatus shall not exceed the number for which it is designed. (2) Every electrical shot-firing apparatus shall be so constructed and used that – (a) it can only be operated by a removable handle or plug; (b) the handle or plug shall not be placed in position until a shot is about to be fired and shall be removed as soon as a shot has been fired; (c) the firing circuit is made and broken either automatically or by means of a push-button switch. (3) No shot-firing apparatus shall be used which is defective and every apparatus shall once at least in every three months, be tested by a competent person to ascertain whether it is in safe working order. (4) If the apparatus fails to fire all the shots in a properly connected circuit, the shot-firer shall return the apparatus to the manager or assistant manager as soon as possible, and it shall not be used again unless it has been tested on the surface and found to be in safe working order. (5) The result of every test made under sub-regulations (3) and (4) shall be recorded in a bound paged book kept for the purpose and shall be signed and dated by the competent person making the test. (6) No current from a signalling, lighting or power circuit shall be used for firing shots. (7) The shot-firer shall- (a) retain the key of the firing apparatus in his possession throughout his shift; (b) use a well-insulated cable of sufficient length to permit him to take proper shelter and in case of belowground working sufficient to take two right angle turns of pillar, and in no case, shall this cable be less than 50 meters in length; (c) before coupling the cable to the firing apparatus, couple up the cable himself to the detonator leads; (d) take care to prevent the cable from coming into contact with any power or lighting cable or other electrical apparatus; (e) take adequate precautions to protect electrical conductors and apparatus from injury; (f) himself couple the cable to the firing apparatus and before doing so, see that all persons in the vicinity have taken proper shelter as provided under regulation 196; (g) after firing the shots and before entering the place of firing, disconnect the cable from the firing apparatus. (8) Where more than one shot are to be fired at the same time,- (a) care shall be taken that all connections are properly made; (b) all shots, if fired belowground, shall be connected in series; (c) the circuit shall be tested, either for electrical resistance or for continuity, before connecting it to the firing apparatus, which shall be made with an apparatus specifically designed for the purpose and only after all persons in the vicinity have taken proper shelter as provided under regulation 196; (d) the cable to the shot-firing apparatus shall be connected last; (e) detonators of the same electrical resistance shall only be used.
- 321. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 261 196. Taking shelter before firing shots.– (1) The shot-firer shall, before a shot is charged, stemmed or fired, see that all persons other than his assistants, if any, in the vicinity, have taken proper shelter, and he shall also take suitable steps to prevent any person approaching the shot and shall himself take adequate shelter, along with his assistants, if any, before firing the shots. (2) In the case of an opencast working, the shot-firer shall not charge or fire a shot- (a) unless he has taken the precautions laid down in sub-regulation (1); (b) unless sufficient warning, by efficient signals or other means approved by the manager, is given over the entire area falling within a radius of 500 meters from the place of firing (hereinafter referred to as the danger zone) and also he has ensured that all persons within such area have taken proper shelter; (c) where any part of a public road or railway lies within the danger zone, unless two persons are posted, one each in either direction at the two extreme points of such road or railway which fall within the danger zone who have, by an efficient system of telephonic communication or hooter or loudspeakers or other means intimated clearance of traffic to the shot-firer and have also warned the passersby and whenever possible the vehicle also, if any, which have passed by such road or railway. (3) In the case of an opencast working, where any permanent building or structure of permanent nature not belonging to the owner lies within the danger zone, the aggregate maximum charge per delay and per round shall not exceed the amount fixed by the Chief Inspector, by a permission in writing granted on the basis of a scientific study, and subject to such other conditions as he may specify therein. (4) Notwithstanding anything contained in sub-regulation (3), the Chief Inspector may, by an order in writing and subject to such conditions as he may specify, exempt any mine or part thereof from the operation of the provisions of sub-regulation (3), on the ground that the observance of its provisions is not necessary or reasonably practicable on account of the special conditions existing thereat. (5) Where the workings, either above or belowground, offer insufficient protection against flying fragments or missiles, adequate shelters or other protection shall be provided. (6) When two working places belowground have approached within 9 meters of each other, the shot- firer shall not fire any shot in any one of the said workings unless all persons have been withdrawn from the other working place and the same has been so fenced off as to prevent persons inadvertently coming in direct line of the shot. 197. Precautions against dry coal dust.- No shots shall be fired at any place belowground unless the place itself and all accessible places, including roof and sides, within a distance of 18 meters have been treated in the manner specified in clause (b) of sub-regulation (3) of regulation 144 unless such places are naturally wet as specified in the said regulation. 198. Conditions requiring use of permitted explosives.– (1) Notwithstanding anything contained in these regulations, no shots shall be charged or fired in the belowground working if the explosive used is not a permitted explosive, except in– (a) a stone-drift, if it does not contain dry coal dust; or (b) a shaft which is in the course of being sunk. (2) In a gassy seam of the second or third degree, no explosive other than the permitted sheathed explosives or other explosives equally safe or any device or apparatus for breaking coal approved by the Chief Inspector shall be used, while in a gassy seam of the first degree, in addition to the above, permitted explosives may also be used: Provided that the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, permit, in any gassy seam of the first degree, the use of any explosives other than the permitted explosives. (3) Notwithstanding anything contained in sub-regulation (1), if blasting is done in any stone drift or sinking shaft within five meters of any coal seam or in coal measure drifts or staple shaft from one seam to another only permitted explosives of such types as may be required by the Chief Inspector shall be used:
- 322. 262 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Provided that in case of special difficulties, the Chief Inspector may exempt any stone drift or sinking shaft from the provisions of this sub-regulation subject to such conditions as he may specify therein. 199. Precautions in the use of permitted explosives.– (1) No detonator shall be used, unless it is of a type approved by the Chief Inspector. (2) Where more than one shots are charged for firing, the shots shall be fired simultaneously. (3) The aggregate charge in any shot to be fired in coal shall not exceed such permissible maximum charge, as the Chief Inspector may, by a general or special order, specify for the kind of permitted explosives used. 200. Approved shot-firing apparatus.– No shot shall be fired in a mine except by means of a shot-firing apparatus of a type approved by the Chief Inspector and subject to such conditions as he may, from time to time, specify by a general or special order: Provided that where special conditions exist, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the use of any other shot-firing apparatus. 201. Additional precautions in belowground mines.- (1) If in a ventilating district, presence of inflammable gas is detected in any place, no shot-hole shall be charged, stemmed or fired in that place or in any other place situated on its return side till such place has been cleared of gas and declared safe. (2) Immediately before charging a shot-hole or a round of shot-holes, and again before firing the shots the shot-firer shall carefully test for inflammable gas at all places within a radius of eighteen meters of the place of firing. (3) No shot-hole shall be charged if any break is found therein, or if inflammable gas is found issuing therefrom. (4) If after charging a shot-hole, inflammable gas is found in any place within the radius specified in sub-regulation (2), no shot shall be fired until the place has been cleared of gas and declared safe. (5) No delay-action detonator shall be used, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. 202. Blasting in fire areas in opencast mines.- Conditions for conduct of blasting in fire areas in opencast mines shall be specified by the Chief Inspector in a general order. 203. Inspections after shot-firing.– (1) After a shot has been fired, the shot-firer shall not enter or allow any other person to enter the place until the atmosphere in the area is free from dust, smoke or fumes: Provided that the shot-firer shall before any other person enters the place, make a careful examination and with his assistants, if any, make the place safe. (2) No other person shall enter the place, and where guards have been posted they shall not be withdrawn, until the examination has been made and the place has been declared safe in all respects. (3) In the case of opencast working, after shots have been fired, an all-clear signal shall be given except in the case of a misfire. 204. Misfires.– (1) After firing the shots electrically, no person shall re-enter or be permitted to re-enter the place until five minutes after the source of electricity has been disconnected from the cable. (2) In the event of a misfire, the entrance or entrances to the working place shall be fenced so as to prevent inadvertent access and no work other than that of locating or relieving the misfire shall be done therein until the misfire has been located and relieved. (3) In opencast working, it shall be sufficient to mark the place of the misfire with a red flag. (4) In the event of a misfire, a second charge shall not be placed in the same hole. (5) If the misfire contains a detonator, the leads thereof shall be attached by a string to the shot-firing cable or some distinctive marker. (6) Except where the misfire is due to faulty cable or a faulty connection, and the shot is fired as soon as practicable after the defect is remedied, another shot shall be fired in a relieving hole which shall be so placed and drilled in such a direction that at no point shall it be nearer than thirty centimeters from the misfired hole: Provided that the new hole shall be bored in the presence of a shot-firer, preferably the same person who fired the shot.
- 323. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 263 (7) After a relieving shot has been fired, a careful search for cartridges and detonators, if any, shall be made in the presence of the shot-firer, amongst the material brought down by the shot: Provided that in the case of working belowground if such cartridge or detonator is not recovered, the tubs into which the material is loaded shall be marked and further search made on the surface, and as far as possible, the search for the detonators and cartridges and the loading of any coal, stone or debris which may contain a detonator, shall be carried out without the aid of tools. (8) If a misfired hole is not dislodged by a relieving shot, the procedure laid down in sub-regulations (6) and (7) shall be repeated. (9) A misfired hole which cannot be dealt with in the manner so provided, shall be securely plugged with a wooden plug, and no person other than a shot-firer, an official or a person authorised for the purpose shall remove or attempt to remove any such plug. (10) When a misfired shot is not found, or when a misfired shot is not relieved, the shot-firer shall, before leaving the mine,- (a) give information of the failure to such shot-firer or official as may relieve or take over charge from him; (b) record, in a bound paged book kept for the purpose, a report on every misfire, whether suspected, and whether the shot-hole is relieved or not relieved; (c) sign the report and, to record in the said book the action taken for relieving the misfired shot-hole. (11) The shot-firer of the next shift shall locate and blast the misfired hole, but if after a thorough examination of the place, the place where the misfire was reported to have occurred he is satisfied that no misfire has actually occurred, he may permit drilling in the place. (12) In case of opencast mines, the owner, agent and manager of a mine shall draw up a plan which shall instruct all shot-firers the detailed procedure to be followed in the event of a misfired shot. 205. Special precautions in stone drifts.– In stone drifts,- (a) after shots have been fired, all loose rock shall be removed from the face, and the area lying within a distance of 1.2 meters from the face shall be thoroughly cleaned or washed down with water and carefully examined for presence of misfires or sockets, and without taking such precautions, the next round of shots shall not be fired; and (b) if any socket is found, it shall be dealt with in the manner provided in regulation 204. 206. Duties of shot-firer at the end of his shift.- Immediately after the end of his shift, the shot-firer- (a) shall return all unused explosive to the magazine, or where a store or premises is provided under regulation 184, to such store or premises; (b) shall record, in a bound paged book kept for the purpose, the quantity or explosive taken, used and returned, the places where shots were fired and the number of shots fired by him, and misfires, if any, which shall be signed and dated by him. 207. General precautions regarding explosives.- (1) No person, whilst handling explosives or engaged or assisting in the preparation of charges or in the charging of holes, shall smoke or carry or use a mobile phone or light other than an enclosed light, electric torch or lamp. (2) No person shall take any mobile phone or light other than an electric torch or an enclosed electric lamp into any explosive magazine or store or premises. (3) The owner, agent or manager shall take adequate steps to prevent pilferage of explosives during its storage, transport and use in the mine. (4) No person shall have explosives in his possession except as provided for in these regulations or hide or keep explosives in a dwelling house. (5) Any person finding any explosives in or about a mine shall deposit the same in the magazine or store or premises and every such occurrence shall be reported to the manager in writing. (6) Shot-firers and their helpers shall- (a) not use battery operated watches, mobile phone, synthetic clothes and socks; (b) use only conductive type of foot-wears; and (c) in case of leather shoes or boots, the sole shall also be of leather and without hobnails.
- 324. 264 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] CHAPTER XV MACHINERY, PLANT AND EQUIPMENT 208. Use of certain machinery, equipment and devices in coal mines.- (1) No internal combustion engine or steam boiler shall be used belowground in a mine expect with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. (2) In every gassy seam of the second or third degree, only flame proof electrical apparatus and equipment shall be used belowground unless otherwise provided for under the provisions of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010: Provided that the Central Government or the Chief Inspector or an Inspector authorised by the Central Government may, subject to such conditions as may be specified, permit the continuance of the use of non-flame proof apparatus or equipment for a specified period, not exceeding one year, in any mine of the first degree gassiness, which has subsequently been classified as second or third degree gassiness. (3) The Chief Inspector may, from time to time by notification in the Official Gazette, specify appliances, equipment, machinery, or other material, that are or may be used in a mine, which shall be of such type, standard and make as approved by the Chief Inspector by a general or special order, and where any such appliance, equipment, machinery or other material had been specified by the Chief Inspector, any such appliance, equipment, machinery, or material, other than that approved by the Chief Inspector as aforesaid, shall not be used in any mine. (4) Where in respect of any appliance, equipment, machinery or other material, the Chief Inspector has not made any notification under sub-regulation (3) and any such appliance, equipment, machinery or material is used in any mine, the Chief Inspector or Regional Inspector may, if he is of the opinion that the use of such appliance, equipment, machinery, or material is likely to endanger safety in the mine, by an order in writing, prohibit the use thereof until the same is approved by the Chief Inspector. (5) The owner, agent or manager of a mine while acquiring any approved type of machinery, equipment, apparatus, device, lamp, light or materials shall ensure that they conform to approved specifications in all respects and shall also be responsible for maintaining them as per the approved standard. (6) A copy of approval of every approved machinery, equipment and device being used shall be kept at the office of the mine. (7) Where machinery is used for lifting, pulling, drilling, other than by hand held drill, dinting, ripping, cutting, loading, hauling or dumping, safe code of practices separately for each type of machinery with respect to the method of work, shall be framed by the person authorised for the purpose, containing codes for the control and guidance of persons employed for the erection, installation, operation, repairs, maintenance, dismantling and transportation of such machinery and ancillary equipment as well as for the prevention of accident and to provide for the safety, health, convenience and discipline of the persons so employed and the engineer authorised for the purpose shall be responsible for the implementation of above safe code of practices. (8) Where surface transportation and handling machinery including coal handling plants, repair sheds or workshops are provided, safe code of practices for their erection, installation, operation, repairs, maintenance, dismantling and transportation of such machinery, plants and ancillary equipment as well as for the prevention of accident and to provide for the safety, health, convenience and discipline of the persons so employed shall be framed by the person authorised for the purpose, and the engineer authorised for the purpose shall be responsible for the implementation of above safe code of practices. 209. General provisions for construction and maintenance of machinery.– All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of all machinery and apparatus used as or forming part of the equipment of a mine, and all foundations in or to which any such appliances are anchored or fixed shall be of good design, sound construction, suitable material, adequate strength and free from visible defect and shall be properly maintained. 210. Apparatus under pressure.– (1) All apparatus, used as or forming part of the equipment of a mine, which contains or produces air, gas or steam at a pressure greater than atmospheric pressure shall be so designed, constructed, installed and maintained as to obviate any risk of fire, bursting, explosion or collapse or the production of noxious gases.
- 325. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 265 (2) Every air receiver forming part of a compressing plant shall be fitted with a safety valve and an air gauge which shows pressure in excess of the atmospheric pressure. (3) Before an air-receiver is cased in or put in commission, the engineer or other competent person shall subject it to a hydraulic test at a pressure at least one-and-a-half times the maximum permissible working pressure and a similar such test shall be made after every renewal or repair and in any case at intervals of not more than three years. (4) The result of every such test under sub-regulation (3) shall be recorded in a bound paged book kept for the purpose duly signed and dated by the person carrying out the test. (5) The supply of air for air-compressors shall be drawn from a source free from dust and fumes. (6) All apparatus used as or forming part of the equipment in a mine which contains or produces hydraulic fluid or emulsion under pressure shall be so designed, constructed, installed and maintained as to obviate any risk of bursting and fire. 211. Precautions regarding moving parts of machinery.– (1) Every winch or wind-lass shall be provided and used with a stopper, pawl or other reliable holder. (2) Every drums, fly-wheel and every other dangerous exposed part of any machinery used as, or forming part of the equipment of a mine shall be adequately fenced by suitable guards of substantial construction to prevent danger and such guards shall be kept in position while the parts of the machinery are in motion or in use, but they may be removed for carrying out any examination, adjustment or repair if adequate precautions are taken. (3) It shall be the duty of the engineer in-charge, the supervisory officials and other authorised persons to keep all guarding properly maintained in good condition and in the correct position. (4) No person shall, or shall be allowed to repair, adjust, clean or lubricate machinery in motion where there is risk of injury. (5) No person shall, or shall be allowed to, shift or adjust a driving belt or rope while the machinery is in motion unless a proper mechanical appliance is provided and used for the purpose. (6) No person in close proximity to moving machinery shall wear, or be permitted to wear, loose outer clothing. (7) No unauthorised person shall enter any engine room or in any way interfere with the engine. 212. Engine rooms and their exits.– Every engine, motor, transformer and battery charging room, and every room in which highly inflammable materials are stored on the surface shall be kept clean, and be provided with at least two exits, which shall be properly maintained and kept free from obstruction. 213. Working and examination of machinery.– (1) No machinery shall be operated otherwise than by or under the constant supervision of a competent person. (2) In a gassy seam of the second or third degree no person shall be appointed to supervise or operate any electrical machinery, apparatus or appliance other than a telephone or signaling device or an electric lamp or light, unless he holds a gas-testing certificate, who shall whilst on duty be provided with and carry an approved flame safety lamp or any other apparatus for determination of inflammable gas as approved by the Chief Inspector and check for presence of inflammable gas in the atmosphere. (3) Every person in-charge of any machinery, apparatus or appliance shall, before commencing work, see that it is in proper working order and if he observes any defect therein, he shall immediately report the fact to the manager, engineer or other competent person. (4) Every person in-charge of an air-receiver shall see that no extra weight is added to the safety valves and that the permissible pressure of air is not exceeded. (5) A competent person or persons appointed for the purpose shall, once at least in every seven days, make a thorough inspection of all machinery and plant in use, and shall record the result thereof in a bound paged book kept for the purpose. (6) In respect of electrical machinery and plant, the competent person shall be an engineer or electrician holding qualifications as specified in the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.
- 326. 266 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 214. Belowground face equipment, continuous mining and coal cutting machines.- (1) All self propelled face equipment, including shuttle cars, which are used in belowground coal mines shall be equipped with substantially constructed canopies or cabs, located and installed in such a manner that when the operator is at the operating control of such equipment he shall be protected from falls of roof, face or side. (2) Methane monitors shall be installed on all roof bolting machines and cutting machines, continuous miners, longwall face equipment, loading machines and other mechanised equipment used to extract or load coal. (3) Roof bolting machines, continuous miners and coal loading equipments shall be equipped with adequate lighting to illuminate the workplace. (4) All face equipment used to cut coal or drill holes for roof support shall be equipped with engineering controls such as water sprays, dust collector and air- scrubber system to control respirable coal mine dust. (5) Where remote controlled devices are used in belowground coal mines and on coal faces to operate continuous mining machines or other such equipment, the owner, agent and manager shall ensure- (a) testing of the remote controlled devices to ensure they are all on separate frequencies and will not accidentally cause a machine not been intentionally operated to activate or move; (b) proper training of all operators on the use of the remote control device; (c) designing of a mining scheme for the use of remote control mining equipment which include the safe location for the machine operators and any other workers in the area to prevent crushing accidents while the machine is in movement, and from re