Mines Rules, 1955


Mining law is the area of law that deals with the regulations that apply to mining and minerals. The ownership of the mineral resource and who is permitted to exploit it are two fundamental issues covered by mining law. Regulations pertaining to the health and safety of miners as well as the effects of mining on the environment also have an impact on mining. Mining rules came into force from 2nd July, 1955. It modify and consolidate the legislation governing labor regulation and mining safety. The rules are enforced by the Ministry of Labor and Employment.

What do Mine Rules Define?

The Mines Rules, 1955, established under the authority of the Mines Act, 1952, oversee the health and safety of the workforce. It regulates the minimum salary rates, the number of hours that miners are required to work, and other important details. The rules specifies the obligations of the owner to oversee the health, safety, and operation of mines. The Directorate General of Mine Safety (DGMS) is the Indian government's regulatory authority for mine and oil field safety in India.

Objective of the Rules

The Mines Rules, 1955, were drafted in accordance with the authority granted by Section 58 of the Mines Act, 1952. The Rules include extensive and explicit rules for the preservation of mine employees' health, safety, and welfare, as well as industry filing schedules.

Applicability of Rules

The Act and Rules apply to 'Mine' and control everything −

  • The borings, bore holes, and oil wells.

  • The shafts.

  • The subterranean workings, opencast workings.

  • The mine protection operations carried out in or around the mines.

  • The workshops and stores within the mine's perimeter.

  • Power stations/ transformers/ substations that entirely or primarily supply energy to mines.

The Act and Rules do not apply to any mine (excluding Sections 7-9, 40, 45, and 46) if excavation is being done only for prospecting purposes and not for the purpose of acquiring minerals for use or sale, provided that −

Significance of the Rules

The following are the implications −

Appointment of Certifying Surgeon

It is the responsibility of the owner, agent, or manager of the mine concerned to provide the Certifying Surgeon with all reasonable facilities for carrying out such inspections, examinations, or inquiries as the case may be. A certifying surgeon may make any inspections, examinations, or inquiries that he deems necessary for the purposes of the Act within the local limits of his jurisdiction or in relation to mines or classes or descriptions of mines assigned to him.

Medical Examination

There should be a medical examination of persons working in or about to work in mines. The examinations may be carried out by a Medical Officer (MAA) not below the rank of an Assistant Civil Surgeon.

Safety Committee

The owner, agent, or manager of each mine where more than 100 people are typically employed must establish a safety committee to promote safety in the mine; however, the Chief Inspector or an Inspector may, by 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 establish group safety committees in the manner and under the conditions he may specify in the order.

Health and Sanitation

The amount of drinking water that must be provided in a mine or any portion of it must be on a scale of at least two liters for each person employed at any one time, and such drinking water must be readily available at easily accessible spots during the entirety of the working shift.

Amenities for welfare

There must be appropriate and acceptable shelters available at or close to loading wharves, opencast workings, workshops, and mine entrances where 25 or more people are typically employed for eating and resting at every mine where more than 50 people are typically worked.

Cleanliness facilities

The canteen and its surrounding areas must be maintained clean. All furniture, utensils, and other equipment must be maintained clean and in a sanitary state. A sufficient supply of hot water must be available for cleaning utensils and equipment.

Provisions under the Rules

The Mines Rules contain 84 provisions under the rule−

RulesChapterContent
Rule 1 - 2Chapter IPreliminary
Rule 3 –20 Chapter IICommittee
Rule 21 –22Chapter IIICourt of inquiry
Rule 23 – 28Chapter IVCertifying surgeons
Rule 29 A –29 PChapter IV AMedical examination of persons employed or to be employed in mines
Rule 29 Q - 29 VChapter IV BWorkmen’s inspector and safety committee
Rule 30 –39Chapter VHealth and sanitation provisions
Rule 40 –45 AChapter VIFirst-aid and medical appliances
Rule 46 –52Chapter VIIEmployment of persons
Rule 53 – 61Chapter VIIILeave with wages and overtime
Rule 62 - 74Chapter IXWelfare amenities
Rule 75 - 79Chapter XRegisters, notices and returns
Rule 80- 83AChapter XIMiscellaneous
Rule 84Chapter XIIRescission and savings

Conclusion

The Mines Rules, 1955 contain provisions for the welfare of the laborers working in the mines. It contains provisions for the medical examination of workers, working in the mines. It establishes a committee for the introspection of the flaws that occurred in the mines by the authority known as the inspector. It provides first-aid services, medical services, and amenities to the workers under the rules.

FAQs

Q1. How are the health, safety, and welfare provisions enforced?

Ans. The enforcement agency, DGMS, makes sure that the specified provisions are followed through inspections by inspecting officers. The mines' general inspection process always includes a review of the health, safety, and welfare provisions of the Mines Act and Rules. The infractions that were found during the mines' general inspection. A further follow-up inspection is conducted in order to address any infractions found during such inspections. Improvement letters, prohibitory orders, and other legal sanctions are also issued in cases of noncompliance until the requirement is met.

Q2. What is the composition of the safety committee?

Ans. The manager, who will serve as the Chairman, shall be one of the members of the Safety Committee, along with five officials or competent miners nominated by the Chairman, five miners nominated by the Workmen's Inspector, the Workmen's Inspector, and the Safety Officer.

Q3. What are compensatory days of rest?

Ans. The compensatory days of rest will be spaced so that no one individual shall be permitted to have more than two of these days in any one week. The last day of every month, the notice will be regulated in which, it listed out the names of the worker which will not avail the leaves and mention the compulsory rest in the upcoming two months.

Updated on: 20-Feb-2023

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