.- (1)
This Act may be called the Mines Act, 1952.
(2) It extends to the whole of
India except the State of Jammu and Kashmir.
(3) It shall come into force on
such 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 31st
December, 1953.
.- In
this Act, unless the context otherwise requires,-
(a)
"adolescent" means a person who has completed his fifteenth year but
has not completed his eighteenth year;
(b)
"adult" means a person who has completed his eighteenth year;
(c)
"agent", when used in relation to a mine, means any person ,whether
appointed as such or not, who acts as the representative of the owner in
respect of the management of the mine or of any part thereof, and as such
superior to a manager under this Act;
(d)
"Chief Inspector" means the Chief Inspector of Mines appointed under
this Act;
(e)
"child" means a person who has not completed his fifteenth year;
(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;
(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;
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;
(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;
(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)
every shaft in the course of being sunk;
(ii)
every level and inclined plane in the course of being driven;
(iii)
all shafts, levels, planes, machinery, works, tramways and sidings, whether
above or below ground, in or adjacent to, and belonging to, the mine:
(iv)
any workshop situated within the precincts of the mine and under the same
management and used solely for purposes connected with that mine or a number of
mines under the same management;
(v)
any power station for supplying electricity solely for the purpose of working
the mine, or any group of mines; and
(vi)
unless exempted by the Central Government by notification in the Official Gazette,
any premises or part thereof on which any process ancillary to the getting,
dressing or preparation for sale of minerals or of coke is being carried on;
(k)
"office of the mine" means an office at the surface of the mine
concerned;
(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 mine the business whereof is being carried on by a
liquidator or receiver, such liquidator or receiver; but does not include a
person who merely receives a royalty, rent or fine from the 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 any contractor 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;
(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);
(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";
(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.
.- In
the applications of this Act to any part of the territories which, immediately
before the 1st November , 1956, were comprised in Part B States, unless the
context otherwise requires, references to any enactment no in force in that
part shall be construed as references to he corresponding enactment, if any, in
force in that part.
.- In
this Act, references to time of day are references to Indian standard time,
being five and a half hours ahead of Greenwich mean time:
Provided that, for any area in which
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.
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