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The Mines Act, 1923

( ACT NO. IV OF 1923 )

Chapter VII

REGULATIONS RULES AND BYE-LAWS

Power of Government to make regulations
29. The 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 to be required by a person 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 of persons acting under them;
 
 
(d) for prescribing the qualifications of managers of mines and of persons acting under them;
 
 
(e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications 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 subject 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;
 
 
(h) for providing for the making of inquiries into charges of misconduct or in competency on the part of managers of mines and persons acting under them and for the suspension and cancellation of certificates of competency;
 
 
(i) for regulating, subject to the provisions of the Explosives Act, 1884, and of any rules made thereunder, the storange and use of explosives;
 
 
(j) for prohibiting, restricting or regulating the employment in mines or in any class of mines of women either below ground or on particular kinds of labour which are attended by danger to the life, safety or health of such women;
 
 
(k) for providing for the safety of the persons employed in a mine, their means of entrance therein to and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidence;
 
 
1[(kk) for prohibiting the employment in a mine either as manager or in any other specified capacity of any persons except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine;]
 
 
(l) for providing for the safety of the roads and working places in mines, including the siting and maintenance of pillars and the maintenance of sufficient barriers between mine and mine;
 
 
(m) for providing for and regulating the ventilation of mines and the action to be taken in respect of dust and noxious gases;
 
 
(n) for providing for the care, and the regulation of the use, of all machinery and plant and of all electrical apparatus used for signaling purposes;
 
 
(o) for requiring and regulating the use of safety lamps in mines;
 
 
(p) for providing against explosions or ignitions or irruption's of or accumulations of water in mines and against danger arising therefrom, and for prohibiting, restrictions or regulating the extraction of minerals in circumstances likely to result in or to aggravate irruption's of water or ignitions in mines;
 
 
(q) 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;
 
 
(r) for prescribing the plans to be kept by owners, agents and managers of mines and the manner and places in which such plans are to be kept for purposes of record;
 
 
(s) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines;
 
 
(t) for prescribing the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manner of a mine under section 14; and
 
 
(u) for prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty years of any railway subject to the provisions of the Railways Act, 1890, or of any public work or classes of public work which the Government may, by general or special order, specify in this behalf.
Power of Government to make rules
30. The Government may, by notification in the official Gazette, make rules consistent with this Act for all or any of the following purposes, namely:-
 
 
(a) for providing for the appointment of chairmen and members of Mining Boards, and for regulating the procedure of such Boards;
 
 
2[(aa) for prescribing the form of the register referred to in sub-section (2) of section 20;]
 
 
(b) for providing for the appointment of counts of inquiry under section 21, 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 from the manager, owner or agent of the mine concerned;
 
 
3[(bb) for requiring the maintenance in mines wherein any women are ordinarily employed 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 ordinarily employed in the mine, the number and standards of such rooms, and the nature and extent of the supervision to be provided therein;]
 
 
4[(bbb) for requiring the maintenance at or near pit-heads of bathing places equipped with shower baths and of locker-rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms;]
 
 
(c) for prescribing the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking-water, the supply and maintenance of medical appliances and comforts, and the training of men in ambulance work;
 
 
5[(cc) for prescribing the forms of notices required under section 23B, and for requiring such notices to be posted also in specified vernaculars;]
 
 
6[(ccc) to fix seven consecutive hours between 7 P. M. and 7 A. M. for the purposes of section 26B;
 
 
(cccc) to specify the circumstances in which and conditions in accordance with which a young person may be employed or permitted to work as an apprentice or for the purposes of receiving vocational training in a mine for the purposes of the proviso to section 26B;]
 
 
(d) for defining the persons who shall, for the purposes of section 24, be deemed to be persons holding positions of supervisions or management or employed in a confidential capacity;
 
 
(e) for prohibiting the employment in mines of persons of 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;
 
 
7[(ee) for prescribing the form of the certificates of fitness required by section 26A and the circumstances in which such certificates may be granted and revoked;]
 
 
(f) for prescribing the form of registers required by section 28.
 
 
(g) for prescribing abstracts of this Act and of the regulations and rules and the vernacular in which the abstracts and bye-laws shall be posted as required by sections 32 and 33;
 
 
(h) for requiring the fencing of any mine or part of a mine, whether the same is being worked or not, where such fencing is necessary for the protection of the public;
 
 
(i) for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in Government or any local authority 8[* * *];
 
 
(j) 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; and
 
 
(k) 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.
Power of Government to require rescue stations to be established
9[30A. The Government may, by notification in the official Gazette, make rules under this section-
 
 
(a) requiring the establishment of central rescue stations for groups of specified mines or for all mines in a specified are, and prescribing how and by whom such stations shall be established;
 
 
(b) providing for management of central rescue stations, and regulating the constitution powers and functions of, and the conduct of business by, the authorities which shall include representatives of the owners and managers of, and of the miners employed in, the mines or group of mines concerned charged with such management;
 
 
(c) prescribing the position, equipment, control maintenance and functions of central rescue stations;
 
 
(d) providing for the levy and collection of a duty of excise (at a rate not exceeding 10[three poisha] per ton), on coke and coal produced in and dispatched from mines specified under clause (a) in any group on included under clause (a) in any specified area, the utilisation of the proceeds thereof for the creation of a central rescue station fund for such group or area and the administration of such funds.
 
 
(e) providing for the formation, training, composition, and duties of rescue brigades; and
 
 
(f) providing generally for the conduct of rescue work in mines.]
Power to make regulations without previous publication
11[31A. Notwithstanding anything contained in sub-sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be made without previous publication and without previous reference to Mining Boards, if the Government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference:
 
 
Provided that any regulations so made shall not remain in force for more than two years form the making thereof.]
Prior publication of regulations and rules
31.(1) The power to make regulations and rules conferred by sections 29, 30 and 30A 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, as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information.
 
 
(3) Before the draft of any regulation is published under this section it shall be referred to every Mining Board constituted in Bangladesh, which is, in the opinion of the Government concerned with the subject dealt with by the regulation; and the regulation shall not be so published until each such Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.
 
 
12[(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted in the part of Bangladesh affected by the rule, and unless each Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions.]
 
 
(4) Regulations and rules shall be published in the official Gazette, and, on such publication, shall have effect as if enacted in this Act.
 
 
(5) The provisions of sub-sections (1), (2) and (3A) shall not apply to the first occasion on which rules referred to in clause (bb) or clause (bbb) of section 30 are made.
Bye-laws
32.(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, for control and guidance of persons acting in the management of, or employed in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.
 
 
(2) If any such owner, agent or manager-
 
 
(a) fails 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 of 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 amendments 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 bye-laws or draft amendments 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 Mining Board or, where there is no Mining Board, to such officer or authority as the Government may, by general or special order, appoint in the this behalf.
 
 
(4)(a) When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to the Government for approval.
 
 
(b) The Government may make such modifications of the draft bye-laws as it thinks fit.
 
 
(c) Before the Government approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the Government may think best adapted for informing the persons affected, notice of the proposal to make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft bye-laws, made by or on behalf of persons affected should be sent to the Government.
 
 
(d) Every objection shall be in writing and shall state -
 
 
(i) the specific grounds of objection, and
 
 
(ii) the omissions, additions or modifications asked for.
 
 
(e) The Government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which they were published or after making such amendments thereto as it thinks fit.
 
 
(5) The bye-laws, when so approved by the Govern-ment, 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 13[Bengali], to be posted up in some conspicuous place at or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable dispatch.
 
 
(6) The Government may, by order writing, rescind, in whole or in part, any bye-law so made, and thereupon such bye-law shall cease to have effect accordingly.
Posting up of extracts from Act, regulations, etc
33. There shall be kept posted up at or near every mine in English and in 14[Bengali], the prescribed abstracts of the Act and of the regulations and rules.
 
 

  • 1
    Clause (kk) was inserted by section 4 of the Indian Mines (Amendment) Act, 1940 (Act No. XXIV of 1940)
  • 2
    Clause (aa) was inserted by section 15 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)
  • 3
    Clause (bb) was inserted by section 2 of the Indian Mines (Amendment) Ordinance, 1945 (Ordinance No. XVII of 1945)
  • 4
    Clause (bbb) was inserted by section 2 of the Indian Mines (Amendment) Act, 1946 (Act No. II of 1946)
  • 5
    Clause (cc) was inserted by section 6 of the Indian Mines (Amendment) Act, 1928 (Act No. XIII of 1928)
  • 6
    Clauses (ccc) and (cccc) were inserted by section 6 of the Indian Mines (Amendment) Act, 1951 (Act No. XXIX of 1951)
  • 7
    Clause (ee) was inserted by section 15 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)
  • 8
    The words, comma and figure "or railway company as defined in the Railways Act, 1890" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 9
    Section 30A was inserted by section 5 of the Indian Mines (Amendment) Act, 1936 (Act No. XI of 1936)
  • 10
    The words "three poisha" were substituted, for the words "six pies" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 11
    Section 31A was inserted by section 6 of the Indian Mines (Amendment) Act, 1936 (Act No. XI of 1936)
  • 12
    Sub-section (3A) was inserted by section 7 of the Indian Mines (Amendment) Act, 1928 (Act No. XIII of 1928)
  • 13
    The word "Bengali" was substituted, for the words "such vernacular or vernaculars as may be prescribed" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 14
    The word "Bengali" was substituted, for the words "such vernacular or vernaculars as may be prescribed" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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Ministry of Law, Justice and Parliamentary Affairs