Taxmann's Mines Act 1952 with Rules

Page 1


CHAPTER VII

CHAPTER VIII

CHAPTER IX

CHAPTER X

MISCELLANEOUS

MINES RULES, 1955

CHAPTER

CERTIFYING

CHAPTER IVA

CHAPTER IVB

COMMITTEE

29U.

29V.

29W.

CHAPTER V

HEALTH AND SANITATION PROVISIONS

CHAPTER VI

FIRST-AID AND MEDICAL APPLIANCES

CHAPTER VII

50.

51.

52.

CHAPTER VIII

LEAVE WITH WAGES AND OVERTIME

53.

54.

55.

56.

57.

58. [Omitted by the

59.

61.

CHAPTER IX

WELFARE AMENITIES

CHAPTER X

78.

CHAPTER XI

CHAPTER XII

3.

MINES RESCUE RULES, 1985

CHAPTER V

CONDUCT OF RESCUE WORK

CHAPTER VI

5.

OIL MINES REGULATIONS, 2017

CHAPTER IV

CHAPTER V

CHAPTER VI

CHAPTER VII

CHAPTER VIII

CHAPTER X

GENERAL SAFETY PROVISION

CHAPTER XI MISCELLANEOUS

141.

EASE OF COMPLIANCE TO MAINTAIN REGISTERS UNDER VARIOUS LABOUR LAWS RULES, 2017

FORM E : Format of register of rest/leave/leave wages under the Mines Act, 1952, the Sales Promotion Employees (Conditions of Service) Act, 1976 and the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1957

Mines Act, 1952

[35 OF 1952]1

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

Short title, extent and commencement.

1. (1) This Act may be called the Mines Act, 19522.

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

(3)It shall come into force on such date or dates4 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 31st December, 1953.

Definitions.

2. 5[(1)] In this Act, unless the context otherwise requires, –

(a) 6[***]

(b) “adult”, means a person who has completed his eighteenth year;

1. Dated 15-3-1952.

2. Shall be repealed by the Occupational Safety, Health and Working Conditions Code, 2020 with effect from a date yet to be notified.

3. Words “except the State of Jammu and Kashmir” omitted by the Central Laws (Extension to Jammu and Kashmir) Act, 1968, w.e.f. 15-8-1968.

4. With effect from 1-7-1952 [Vide Notification S.R.O. 967, dated 27-5-1952].

5. Section 2 renumbered as sub-section (1) thereof by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960.

6. Omitted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its omission, clause (a)read as under:

‘(a) “adolescent” means a person who has completed his fifteenth year but has not completed his eighteen year;’

7[(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;

8[(e) “Committee” means a committee constituted under section 12;]

(f) “day” means a period of twenty-four hours beginning at midnight;

(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;

9[(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 the knowledge of the manager, whether for wages or not –

(i) in any mining operation (including the concomitant operations of handling 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 of 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;

7. Substituted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its substitution, clause (c) as substituted by the Mines (Amendment) Act, 1959 w.e.f. 16-1-1960 read as under:

‘(c) “agent”, when used in relation to a mine, means any individual, whether appointed as such or not, who acts as the representative of the owner in respect of the management, control and direction of the mine or of any part thereof, and as such superior to a manager under this Act;’

8. Substituted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its substitution, clause (e) read as under:

‘(e) “Child” means a person who has not completed his fifteen year;’

9. Substituted, ibid. Prior to its substitution, clause (h) read as under:

‘(h) a person is said to be “employed” in a mine who works under appointment by or with the knowledge of the manager, whether for wages or not, in any mining operation or, in cleaning or oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or connected with, mining operations;’

(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 he is empowered by this Act to exercise or perform;

(ii) 9a[***]

10[(j) “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 oil fields;

(ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not;

(iii) all levels and inclined planes in the course of being driven;

(iv) all open cast workings;

(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;

9a. Omitted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984 Prior to its omission, clause (ii) as inserted by the Mines (Amendment) Act, 1959 read as under:

‘(ii) “managing agent” has the meaning assigned to it in the Companies Act, 1956;’

10. Substituted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its substitution, clause (j) as substituted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960 read as under:

‘(j) “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 and oil wells;

(ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not;

(

iii) all levels and inclined planes in the course of being driven;

(iv) all open cast workings;

(

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, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent to and belonging to a mine;

(vii) all workshops situated within the precincts of a mine and under the same management and used solely for purposes connected with that mine or a number of mines under the same management;

(viii) all power stations for supplying electricity solely for the purpose of working the mine or a number of mines under the same management;

(ix) any premises for the time being used for depositing refuse from a mine, or in which any operation in connection with such refuse is being carried on, being premises exc1usively occupied by the owner of the mine;

(x) unless exempted by the Central Government by notification in the Official Gazette, any premises or part thereof, in or adjacent to and belonging to a mine, on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on;’

(vi) all adits, levels, 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 workshops and stores situated within the precincts of a mine and under 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 sand, 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 on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on;]

11[(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) 12[* * *]

(k) “office of the mine” means an office at the surface of the mine concerned; 13[(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;]

(l) “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 a liquidator or receiver, such liquidator or receiver, 14[***] but does not include a person who merely receives a royalty, rent or fine from the

11. Inserted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960.

12. Omitted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its omission, clause (jjj) as inserted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960 read as under: ‘(jjj) “month” means the period ,from the first day of any month reckoned according to the British calendar to the last day of the same month;’

13. Inserted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960.

14. Words “and in the case of a mine owned by a company, the business whereof is being carried on by a managing agent, such managing agent” omitted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Earlier, these words were inserted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960.

mine, or is merely the proprietor of 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 15[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, regulations or bye-laws, as the case may be;

16[(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, 1956 (102 of 1956) and who is enrolled on a State medical register as defined in clause (k) of that section;]

(o) “regulations”, “rules” and “bye-laws” mean 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” 17[and each of such period is called a “shift”];

18[(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 person from work for a period of seventy-two hours or more;]

19[(q) “serious bodily injury” means any injury which involves, or in all 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 mid-night on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector or an Inspector.]

15. Substituted for “any contractor” by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984.

16. Substituted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to its substitution, clause (n) read as under:

‘(n) “qualified medical practitioner” means a person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII of 1916), or in the Schedule to the Indian Medical Council Act, 1933 (XXVII of 1933);’

17. Inserted by the Mines (Amendment) Act, 1959, w.e.f. 16-1-1960.

18. Inserted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984.

19. Substituted by the Mines (Amendment) Act, 1983, w.e.f. 31-5-1984. Prior to their substitution, clause (q) and (r) read as under:

‘(q) “serious bodily injury” means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb or the enforced absence of the injured person from work for a period exceeding twenty days;

(

r) “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;’

20[(2) A person working 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 (b) “above ground” if he is working in an open cast working or in any other manner not specified in clause (a).]

COMMENTS

SECTION NOTES

2.1 Definition of “Employed” in a Mine [Section 2(1)(h)]

A person is said to be “employed” in a mine if they work:

As the manager,

Under appointment by the owner of the mine, Under appointment by the agent of the mine, Under appointment by the manager of the mine, or With the knowledge of the manager of the mine. This applies whether the person works for wages or not.

2.1-1 Included Work Scope: Mining Operations

Scope of work:

The work performed must be in any mining operation. This includes the concomitant operations of: Handling minerals, and Transport of minerals up to the point of despatch. This includes the concomitant operations of: Gathering sand, and Transport of sand to the mine.

2.1-2 Included and Excluded Work Scope: Mine Development Operations

Included development work:

The work performed must be in operations or services relating to the development of the mine.

This includes construction of plant within the mine, provided it relates to development.

Excluded building work:

This excludes construction of buildings, roads or of wells.

This also excludes any building work not directly connected with any: Existing mining operations, or

20. Inserted

2.1-3 Included work scope: machinery operations and maintenance

Scope of work:

The work performed must be in: Operating, Servicing, Maintaining, or Repairing

Any part of any machinery used in or about the mine.

2.1-4 Included work scope: Mineral loading operations

Scope of Work:

The work performed must be in operations of loading for despatch of minerals. This work must occur within the premises of the mine.

2.1-5 Included work scope: Office work

Scope of Work:

The work performed must be in any office of the mine.

2.1-6 Included work scope: Services and watch/ward

Scope of work:

The work performed must be in any: Welfare services, Health services, Sanitary services, or Conservancy services,

Required to be provided under this Act.

The work performed must be in watch and ward. This work must occur within the premises of the mine.

This work excludes residential areas within the premises of the mine.

2.1-7 Included Work Scope: Preparatory, Incidental, or Connected Work

Scope of work:

The work performed must be in any kind of work whatsoever.

This work must be preparatory, incidental or connected with mining operations.

2.2 Definition of “Mine” [Section 2(1)(j)]

“Mine” means any excavation where:

Any operation for the purpose of searching for or obtaining minerals has been or is being carried on.

2.2-1 Included structures and plants

The mine includes: All borings, All bore holes,

All oil wells, Accessory crude conditioning plants, and The pipe conveying mineral oil within the oilfields.

2.2-2 Included shafts

The mine includes:

All shafts in a mine, All shafts adjacent to a mine, and All shafts belonging to a mine.

This includes shafts whether in the course of being sunk or not.

2.2-3 Included levels and inclined planes

The definition includes:

All levels in the course of being driven, and All inclined planes in the course of being driven.

2.2-4 Included open cast workings

The mine includes all open cast workings.

2.2-5 Included conveyors or aerial ropeways

The mine includes all conveyors or aerial ropeways provided for: Bringing minerals into a mine, Bringing other articles into a mine, Removing minerals from a mine, Removing other articles from a mine, or The removal of refuse from a mine.

2.2-6 Included adits, levels, planes, machinery, works, railways, tramways and sidings

The mine includes all: Adits, Levels, Planes, Machinery, Works, Railways, Tramways, and Sidings,

In a mine, adjacent to a mine and belonging to a mine.

2.2-7 Included protective works

The mine includes all protective works being: Carried out in a mine, or Carried out adjacent to a mine.

2.2-8 Included workshops and stores

The definition includes:

All workshops, and All stores,

Situated within the precincts of a mine.

The workshops and stores must be:

Under the same management as the mine, Used primarily for purposes connected with:

That mine or a number of mines under the same management.

2.2-9 Included electrical power stations [Sub-clause (ix)]

The mine includes:

All power stations,

All transformer sub-stations, All converter stations,

All rectifier stations, and All accumulator storage stations.

These stations must be for supplying electricity solely or mainly for the purpose of working:

The mine.

A number of mines under the same management.

2.2-10 Included premises for sand/refuse/other material

The mine includes any premises for the time being used for: Depositing sand for use in a mine,

Other material for use in a mine, or Depositing refuse from a mine.

The definition includes any premises in which any operations in connection with: Such sand are being carried on, Such refuse are being carried on, or

Such other material is being carried on.

These premises must be exclusively occupied by the owner of the mine.

2.2-11: Included premises for ancillary processes

The definition includes any premises in or adjacent to and belonging to a mine on which any process ancillary to:

The getting of minerals is being carried on.

The dressing of minerals is being carried on.

The preparation for sale of minerals is being carried on.

The getting of coke is being carried on.

The dressing of coke is being carried on.

The preparation for sale of coke is being carried on.

2.3 Definition of “Owner” [Section 2(1)(l)]

“Owner”, when used in relation to a mine, means any person who is the immediate:

MINES ACT 1952 WITH RULES – BARE ACT WITH SECTION NOTES

PUBLISHER : TAXMANN

DATE OF PUBLICATION : NOVEMBER 2025

EDITION : 2026 EDITION

ISBN NO : 9789371265058

NO. OF PAGES : 276

BINDING TYPE : PAPERBACK

DESCRIPTION

Mines Act 1952 with Rules [Bare Act with Section Notes] by Taxmann is an authentic and updated reference on India’s core legislation governing labour, safety, health, and working conditions in mines. The Act consolidates and amends the law relating to mining operations, employment, inspection, and safety management. The 2026 Edition presents the Act, as amended up to date, along with the Mines Rules 1955 and allied compliance provisions under the Ease of Compliance to Maintain Registers under Various Labour Laws Rules 2017. Each section includes concise Section Notes with contextual explanations, cross-references, and judicial insights.

This book is intended for the following audience:

• Mining Companies, Managers & Safety Officers

• Inspectors, Certifying Surgeons & Regulatory Authorities

• Labour Law Practitioners, Advocates & Compliance Consultants

• Judicial Officers & Law Enforcement Officials

• Academicians & Students of Law, Industrial Relations & Safety Management

The Present Publication is the 2026 Edition, covering the amended and updated text of the Mines Act [Act No. 35 of 1952] and Rules, with the following noteworthy features:

• [Authentic & Updated Text] Incorporates all amendments and notifications effective up to date

• [Pre-amendment Provisions] Includes earlier provisions in footnotes for comparative understanding

• [Section Notes] Offers interpretative clarity with relevant case law references

• [Complete Rules Coverage] Contains Mines Rules 1955 and Ease of Compliance Rules 2017

• [Structured Presentation] Chapter-wise arrangement covering inspectors, committees, safety, employment, and penalties

• [Cross-references & Index] Links related provisions and includes a comprehensive subject index and statutory forms

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