Mines Rules 1955 PDF

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...

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 rema ining 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.”] 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 more members make such a request, the Chairman shall direct that it be so considered. 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. 1 14. Quorum – No business shall be transacted at a meeting of the [Committee] unless at least four members including are present; Provided that at any meeting in which less than 1 [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. 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 (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 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 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, 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:  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 - (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  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 mechanical 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.]  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 , 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 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 firs t-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. (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 1 [45.A Medical attention in case of injur y - (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 supervision 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. (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 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; (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. (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  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 - (i) to establish contacts and hold consultations with a view maintain harmonious relations between the management and persons employed in 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] 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 is 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.  (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. Observance 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. 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  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 Sex Place of work Above Set or Relay 1. Set or Relay A B C D Etc of Ground/Opencast Number employment working/Below ground ABC etc) 1 2 1 2 3 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  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 Age Class or kind Relay Serial Time should be recorded against each entry Total R surname & of or set No. from E of Sex employment No. Form B M employee Register A Day Day Day Day Day Day Day No. of No. of R days hours K worked worked 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 1 Weekly Abstract Miners *** Others Initial of Register Keeper including loaders Total no. of attendances Total no. of absentees. 1. Omitted by GSR 316 dated 26.4.1986  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 Age Class or kind Relay Serial Time should be recorded against each entry Total R surname & of or set No. from E of Sex employment No. Form B M employee Register A Day Day Day Day Day Day Day No. of No. of R days hours K worked worked 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 2 Weekly Abstract Miners *** Others Initial of Register Keeper including loaders 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  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 Age Class or kind Relay Serial Time should be recorded against each entry Total R surname & of or set No. from E of Sex employment No. Form B M employee Register A Day Day Day Day Day Day Day No. of No. of R days hours K worked worked 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 2 Weekly Abstract Men Women *** Initial of Register Keeper 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  FORM F [See Rule 49(4)] Register of Compensatory Days of Rest. Name of Mine………………… Name of Owner………………. Year………………………….. SN Name & Class or kind No. of days of Dates on which weekly days of rest have not been Dates on which compensatory days of rest have No. of days Remarks surname of compensatory allowed been allowed of of employment rest due in the 1 st 1 st 1 st July to 1 st October 1 st 1 st April 1 st July to 1 st October compensatory employee set or relay previous January April 30 th to 31st January to 30 th 30 th to 31st rest due on no. calendar year to 31 st to 30 th September December to 31 st June September December 31st March June March December 1 2 3 4 5 6 7 8 9 10 11 12 13 14