THE MINES ACT 1952

MAIN AIMS & OBJECT OF MINES ACT 1952

MAIN OBJECT , AIMS AND SCOPE OF THE MINES ACT 1952

Introduction

Labour Legislation in India grew with the growth of industry , a number of Labour legislation in India have been passed with a view to upgrade, promote the condition of the Labour keeping in view the development of industry and national economy . After Independence the national Government paid much attention to the improvement of the conditions of Labour , The Mines Act of 1952 is one of such legislation which was passed in Independent India.

Aims, Object & Scope Of the Mines Act 1952

In India The Mines Act of 1952 was passed to modify and amalgamate the law relating to the regulation of Labour and Safety in Mines.

One of the the main object for which this Act has been passed, is to adjust the conditions of workers working in the Mines. The Mines Act 1952 , therefore aims to regulate, The working condition of workers ,Annual leave with wages of the workers working in the mines , Hours and Limitations of employment .

The main purpose of enacting the Mines Act 1952 is to ensure adequate safety measures and to promote the health and safety of workers employed in the mines .

The following are the Aims and Objects of the Mines Act 1952 ( According to the Act )

(1) To make provisions as to Health and Safety of workers employed in mines such as Drinking water , Conservancy , medical appliances, responsibility of the owner agent , or manager to give notice of accidents to proper authority .

Provisions related to the Health and Safety of the workers are provided under (Section 19-27) of the Mines Act 1952 , Read more About Health and Safety of the workers .

(2)  To make Provisions relating to hours and Limitations of employment such as weekly day of rest , compensatory day of rest , hours of work above ground and below ground night shift , extra wages for overtime work , limitation of daily hours of work.

Provisions relating to the Hours and Limitations of employment are Provided under (Sections 28-48 ) of the Mines Act 1952 , Read Here Detailed Provisions of Hours and Limitations of employment .

(3) To lay down Provisions regarding leave with wages , mode of recovery of unpaid wages .

Provisions relating to the Leave with wages , and mode of recovery of unpaid wages are provided under ( Section 49-56 ) of the Mines Act 1952 .

(4) It seeks to achieve fair and Healthy environment in the Mines through inspecting staff . For efficient administration of the Act , the central Government has been authorized to appoint Chief Inspector, and Inspectors who are assigned various powers and functions under the Act .

Provisions relating to Certifying surgeon ,  Chief Inspector, Inspector appointment , powers and Functions are provided under ( Section 5-11 ) of the Mines Act . Read Here

(5) For the purpose of appointment of authority to enquire into accident committees are constituted by the Central Government, Committees which are formed are vested with the powers of the civil courts.



Provisions relating to the Committees , functions , and powers is provided under (Section 12-15) of the Mines Act 1952 .

(5) It also Aims to achieve due compliance of law of Mines . The act also provides penalties and procedures. Punishment envisaged under the Act is in accordance with the gravity of the offense.

Assam, 31st March 2020: Almost at the end day of March, a 52-year-old patient has been tested positive for COVID-19. The man from Karimganj was admitted to Silchar Medical College and Hospital (SMCH) and reported positive today in medical tests. He returned from Delhi on 11th March and he was staying in Delhi at the time of Nizamuddin Tablighi Jamaat. In Nizamuddin Tablighi Jamaat held in Delhi, more than 450 people were attending from Assam. As per the first reports coming, he went to Delhi for business purposes.


  

   Assam's Health Minister Dr. Himanta Biswa Sarma today took to twitter at 6:44 PM and wrote, "A 52-year-old person has been found positive and is Assam's first COVID-19 patient. He is undergoing treatment at Silchar Medical College." Further stating the condition of the patient he added, "His condition is stable".  With this Assam has opened its first count of Noval Corona Positives.


 The man departed from Assam on 5th Mar and returned back on 11th March after he had come into contact with people at Nizamuddin Tablighi Jamaat. He was admitted to Silchar Medical College on 29th March after he had shown primary symptoms like fever and cough. After proper diagnosis, he was found Covid-19 positive. He is now in an isolation ward undergoing treatment. Also, his son has also been kept in medical surveillance.

We the Team Theinfobell keeping our eyes on a daily number of increasing positive cases in Assam, the above table shows about Assam's Daily cases and the number of total cases according to the given date. We are providing you the updated number of cases from 31st March. On 31st the total number of the daily case was 1 and total cases were also 1. On 1st April 2020, the daily cases rise to number 12 making 13 total numbers. On 2nd April three positive case was found making total number 16. On 5 April two positive case was found making a total 26 number of cases.


Keep connected with us to get updated.

Discuss the Provisions under the Mines Act 1952, ensuring the Health and Safety of the workers Employed in Mines 

HEALTH AND SAFETY MEASURES UNDER THE MINES ACT 1952 NOTES

CONTENT

1. INTRODUCTION
2. IMPORTANT DEFINITION
3. PROVISIONS RELATING TO HEALTH AND SAFETY UNDER MINES ACT 1952

• DRINKING WATER ( SECTION 19 )
• CONSERVANCY ( SECTION 20 )
• MEDICAL APPLIANCES ( SECTION 21 )
• POWER OF THE INSPECTOR WHEN CAUSES OF DANGER NOT EXPRESSLY PROVIDED AGAINST EXIST OR WHEN EMPLOYMENT OF PERSONS IS DANGEROUS ( SECTION 22 )
• POWER  TO PROHIBIT EMPLOYMENT IN CERTAIN CASES ( SECTION 22-A )
• NOTICE TO BE GIVEN OF ACCIDENTS ( SECTION 23 )
• POWER OF THE GOVERNMENT TO APPOINT COURT OF INQUIRY IN CASES OF ACCIDENTS ( SECTION 24 )
• NOTICE OF CERTAIN DISEASES ( SECTION 25 )
• POWER TO DIRECT INVESTIGATION TO CAUSE OF DISEASE ( SECTION 26 )
• PUBLICATION OF REPORTS ( SECTION 27 )  

INTRODUCTION 

The main aim and objects of the Mines Act 1952 is to regulate the working conditions in mines by providing for measures required to be taken for the welfare and security of workers employed in Mines And to Make Provisions as to Health , Safety , Hours And Limitations of employment , leave with wages etc . In our previous post we have discussed about the Provisions relating to the Hours and Limitations under the mines act. This post is all about about the Provisions relating to the  Health and Safety in under the Mines Act 1952 .

Section 19-27 of the Mines Act , 1952 enumerates certain Provisions to ensure the Health and Safety of workers employed in mines . These Provisions are with regard to following matters -

(1) Drinking water
(2) Conservancy
(3) Medical appliances
(4) Responsibility of the owner
(5) Agent or manager to give notice of accidents to proper authority .

Some important definition under this Act , relating to this Provisions

Who are Agent Under the Mines Act ?

Definition

Section 2(c) of the Mines Act 1952 Defines

 Agent : "Agent" when used in relation to a mine , means every person , whether appointed as such or not , who acting or purporting to act on behalf of the owner , takes part in the management, control , supervision or direction of the mine or of any part thereof .

PROVISIONS RELATING TO HEALTH AND SAFETY UNDER THE MINES ACT 1952

The provisions relating to the Health and Safety Are Discussed below -

(1) Drinking water (Section 19)

The Mines Act 1952 prescribes effective arrangements of drinking water in every Mines .


Every Mines shall maintain sufficient supply of whole some drinking water at suitable points for the workers employed there in .

 Place with drinking water facility should be legibly marked as "Drinking Water" in a language understood by a majority of the person's employed in the mine . And shall be situated within six meter's of any washing place , urinal or latrine .

2) Conservancy ( Section 20 )

Every Mines shall provide a sufficient number of latrines and urinals separately for males and females . And Latrines and urinals of prescribed types so situated in convenient and accessible to person's employed in the mine at all times .

Moreover, Latrines and urinals of prescribed types shall be adequately lighted , ventilated and must be maintained in clean and sanitary condition.

3) Medical Appliances (Section 21)

Every mine shall provide and maintain such number of First-aid boxes or cupboards equipped accessible during all working hours . Sufficient number of Medic-Box shall be kept
in the charge of a responsible and trained person.

Moreover in case of any Bodily Injury or illness of any Workers employed therein , every mine shall made readily available  of such arrangement for the conveyance to hospitals or dispensaries of such bodily Injury or ill persons .

When more than one hundred and fifty persons are employed in any Mine , then every Mines employing more than 150 person's must provide and maintain a first-aid room with such equipment along with the charge of such medical and nursing staff .

4) Power of the Inspector when causes of danger not expressly provided against exist or when employment of persons is dangerous (Section 22)

(1)If in any mines such causes of danger arise which is not expressly provided or no express Provision is made under this act and it appears to the Chief Inspector or an Inspector of that mine or part thereof or any matter , connected with the mine or with the control , management of the mine , is dangerous to human life or safety , then Chief Inspector and Inspector under this Act is provided with the power to give notice in writing to the owner , agent , manager of the mine stating the matter which is hazardous and cause serious menace and which is require the same to be compensate within particular time and in the way provided in notice.

(1-A) If the owner , Agent , manager of the mine fails to comply with the terms of notice within the given time , the chief Inspector can prohibit the employment of those whose employment is not required.

(2)  If the chief inspector of any mine is aware of the thing that is likely to cause danger to the mine as well as to persons working there then the chief Inspector or Inspector can prohibit the extraction or reduction of pillars or blockade of minerals, by making an order in the form of writing to the owner, agent, or manager of mine


(3) If chief Inspector or Inspector is of opinion that there is urgent and immediate danger to the life or safety of any Persons employed in mine , then the inspector or chief inspector is vested with power to prohibit the work until he is satisfied.


(3-A) The workers whose employment has been prohibited shall be entitled to full wages.

Provided that The agent , manager , owner may instead of paying such full wages provide such person with an alternative employment at the same wages .

(4) The notice provided under Sub-section (1) or an order made under sub-section (1-A) , sub-section 2 or sub-section 3 by an inspector, the owner , agent or manager of the mine may , within ten days after the receipt of the notice or order , may appeal against the same to the Chief Inspector who may confirm, modify or cancel the notice or order .

(6) If the owner , agent , or manager of the mine objects to a notice sent by the Chief Inspector or to an order made by the Chief Inspector, he may , within twenty days after the receipt of the notice containing the requisition or the order or after the date of the decision on appeal , as the case may be , send his objection in writing stating the grounds thereof to the Central Government.

(5) Power to prohibit employment in certain cases (Section 22-A)

Section 22 Deals with the Power of Inspector when causes of danger not expressly provided under this act, 

(1)Under this Section if the owner , agent , manager of a mine fails to any provision, then the chief inspector is vested with power to give notice in writing for the same.


(2) If the Owner fails to obey with the term of provision of this Act, the chief inspector is vested with power under sub-section 1 to make an order in writing.

(3) The prohibited workers under sub-section 2 shall be entitled to full wages for the period of the same.


(6)  Notice To be given of accidents (Section 23)

Whenever there occurs in or about a mine -

(a) An accident causing of loss of life or serious Bodily Injury or
(b) An explosion, ignition, spontaneous heating, outbreak of fire or Irish of water or other liquid matter , or
(c) An influx of inflammable or noxious gases , or
(d) A breakage of ropes , chains or other gear by which person's or materials are lowered or raised in a shaft or an incline ,or
(e) An over-winding of cages or other means of conveyance in any shaft while person's or materials are being or raised ,or
(f) A premature collapse of any part of the working, or
(g) Any other accidents which may be prescribed.

The owner , agent, or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed , and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials.

In case of Loss of life , the authority of the mine is responsible to make an inquiry within 2 months, of receiving notice.


In case of Bodily Injury , the owner , agent , manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in a quarter .


(7) Power of the Government to appoint court of inquiry in cases of accidents (Section 24)

  In case of accidents, Section 24 empowered the government to appoint court of inquiry,



(8) Notice of certain diseases (Section 25)

  Section 25 provides for the Notice of certain diseases, if the disease is connected with the mining operations, the responsible authority of the mine shall send notice to the Chief inspector/inspector, within particular time as may be prescribed. 

If the The medical practitioner appointed under this Act is believed that any person is suffering from any disease, then he shall immediately send a report to the chief inspector stating particulars like name, address, and disease of that particular person.

 If after receiving the notice of medical practitioner, if it is confirmed to the inspector, the chief inspector shall pay such fee as may be prescribed, and such fee paid by the inspector is recoverable from the responsible authority of the mine i.e- owner, agent, manager.


(9) Power to direct investigation to cause of disease (Section 26)

  Section 26 of this Act provides for the Power to direct investigation to cause of disease,for the purpose of investigation the Central Government if such situation arise may is empowered to appoint competent authority for the same. Moreover they may also appoint one or more person having a special knowledge in such inquiry.


(10) Publication of reports (Section 27)

 
 Section 27 of this Act deals with the Publication of reports submitted by a court of inquiry at such time and in such manner.

  There is an update in Hemanta Deka's corona case. Hemanta Deka from Bangalipara of Goreswar Baksa has been tested negative in medical tests carried out at GMCH. Also, his friend from Uttar Pradesh is also not corona positive as clarified by Hemanta Deka. He was very suspicious of himself because his friend from UP got positive, as he heard. But today he could breath to relax as he came to know that his friend was not actually positive and only a misconception formed in his mind. Not only he but the entire Assam now breathes to relax.

RADIOACTIVE MANAGEMENT IN INDIA, LEGAL PROVISIONS, MEANING, and COMPLETE DETAILS 

Radioactive waste management in India

CONTENT

• Radioactive waste management in India
• Meaning of Radioactive Waste
• Types of Radioactive Waste
• Locations of Nucleur plants in India
• Legal Framework in India 
• Atomic Energy Act , 1962
• Important Definitions
• Powers of Central Government
• Offenses and Punishment
• Atomic Energy Regulatory Board
• Conclusion

Radioactive Waste Management in India   

The era of 21st Century expanses the potentiality of nuclear energy. The powerful sovereigns have been conducting full fledged experiments on nuclear energy to escalate the defence system since a long time. Nuclear energy is also a potential source of energy which can balance up the deficit of high demand for energy. India is amongst the top world leaders who have successfully conducted nuclear test.in the year 1998 in Pokhran, India conducted a series of Nuclear test. Later in the year 2005 India signed an Indo-US Nuclear deal with USA.
Nuclear energy is produced in Nuclear power plants.During the production of Nuclear Energy, it emits Radioactive Waste which can create hazardous side effect.

MEANING OF RADIOACTIVE WASTE
Radioactive wastes are those wastes which are emitted by nuclear fuel while carrying on the process of mining, generating and other operational processes in nuclear plants, defence and scientific research and other allied by-products nuclear fuel. Their are many harmful effects of the Radioactive waste to the environment as well to the mankind including genetic disorder, mass epidemic etc. The toxic gases which is released by a radioactive waste is very harmful moreover it can cause depletion of a pure environment. The results of radioactive wastes can be seen either instantly or after a long period of time.

TYPES OF RADIOACTIVE WASTE

Radioactive wastes can be categorized into three distinct parts on the basis of the radioactivity and the level of harm they cause. They are namely:

   1.  Exempt waste: Some radioactive wastes may be merely harmless even though they are called radioactive waste.  Man, and animal can co-exist with the exempt level of radioactive waste. This type of waste does not create any threat to Environment.

   2.  Low and intermediate waste: This category of Radioactive waste possesses a little quantum of radioactivity causing harm in meagre amount.  All the types of Radioactive Waste case some amount of pollution. Radioactive waste are again sub-divided as:

a.   Primary Waste: This type of waste contains radioactively contaminated equipment.

b.  Secondary Waste: It contains discards of operational processes like protective rubber and plastic wears, cellulosic and fibrous material, organic ion exchange resins filter cartridges and others.

   3.  High level waste: This category of waste arises from the liquid radioactive waste mostly generated during the reprocessing of spent fuel.



LOCATIONS OF NUCLEAR PLANTS IN INDIA
   1.  Tarapur in Maharashtra

   2.  Rawatbhata in Rajasthan

   3.  Kudankulam in Tamilnadu

   4.  Kaiga in Karnataka

   5.  Kakrapar in Gujrat

   6.  Kalpakkam in Tamilnadu

   7.  Narora in Uttar Pradesh



LEGAL FRAMEWORK IN INDIA

Radioactive waste is a rising concern with the emerging growth of nuclear energy since it is the fifth important source of energy in India. India is a welfare state as directed by the directive principles of state policy. Article 48(A) mentions," State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." But at the same time India also want to strengthen the defence sector of the country. As a result, India has to take some balancing measure to solve the tussle between the two. For this purpose, the Atomic Energy Act, 1962 was brought and Atomic Energy Regulatory Board was constituted in 1983.



ATOMIC ENERGY ACT, 1962

This act is an early measure to handle the adverse effects of radioactivity.

   1.  Applications of this Act:

a.   This Act is applicable to whole of India. [Sec1(2)]

b.  This Act also provides for Governing of Factories act, 1948. [Sec 23]

c.   The Atomic Act of 1962, is to be made effective notwithstanding anything inconsistent provided in other enactments. [Sec 28]

   2.  Important Definitions:

a.   Sec 2(1)(a) “atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes;

b.  Sec 2(1) (h) “radiation” means gamma rays, X-rays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles, but not sound or radio-waves, or visible, infrared or ultraviolet light;

c.   Sec 2(1)(i) “radioactive substance” or “radioactive material” means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government.

   3.  Powers of Central government:

This Act confers many powers upon the Central government to regulate all the matters relating to nuclear energy and its ancillary matters.

a.   Sec 3 provides various rights such as production, development, use, and dispose of atomic energy. It also enjoys the right to manufacture or otherwise produce any radioactive substance. It confers right to buy or otherwise acquire, store and transport any prescribed or radioactive substance

b.  As per Sec 3(e), the central government can exercise right to ensure safe disposal of radioactive wastes.

   4.  Offenses and Punishment: 

Section 24 lays down the punishment provision for any violation or contraventions of any provisions of this Act.

a.   For contraventions of Sections 14, 17, 17(4), 18(2), a punishment for 5 years imprisonment or fine or both, is provided.

b.  a punishment for 1 year for contravention of sections (5-8) or any other provisions.

ATOMIC ENERGY REGULATORY BOARD

The Central Government of India in exercise of power conferred upon it by the sections 16, 17 and 23 of the Atomic Energy Act, 1962 constituted the Atomic Energy Regulatory Board in 1983.

a.   Constitution of AERB: This Board must be constituted with five members including a full time chairmen, an ex-officio member and three other part time member.

b.     Powers of AERB: It has all the powers to lay down the safety standards and frame rules and regulations about regulatory and safety requirements provided under the Act. The Chairman has been empowered to enforce radiation safety.

CONCLUSION

India is a rising power nation in the dominium of world politics. So, nuclear energy is an integral option in this aspect. However, India, being welfare state and also as a signee to various treaties on world environment, must have also to protect the natural environment. As a result India has to exercise great control over its nuclear policy as well as for fighting against radioactive waste.

The Mines Act 1952

Hours and limitation Notes, The mines Act 1952

 

[Hours And Limitations Under the Mines Act 1952]

Q). Explain the Provisions relating hours and Limitations of Employment under the mines Act 1952?

HOURS AND LIMITATION UNDER THE MINES ACT

Introduction

The Mines act 1952 has been enacted to Solved the various labour problems which has been considered as a hazard to the society .In India A number of legislation including The mines act 1952 has been enacted after the Independence . The mines act endeavor to regulate the working conditions of the Labour working in the mines by providing safety , security and certain amenities for them. The mines Act 1952 , provides for the various provisions relating to the health , safety , of mines workers , hours , limitations of employment, leave with wages , have been made. In our previous post we discussed about the Provision relating to the Appointment , Powers , functions of the Chief Inspector and Inspector , You can check it out by clicking this Below link

Appointment, Powers , Functions of Inspector and Chief Inspector

Now , here in This post we will be discussing about the various Provisions and sections Relating to the Hours and Limitations of employment under the Mines Act 1952 , Read further to know all the details About the Hours and Limitations provisions under Mines act 1952 .

Section 28-48 Of the Mines Act ,1952 Deals with the Hours and Limitations of employment , The section relating to The Hours and Limitations under the mines Act goes like this -

         
HOURS AND LIMITATIONS OF EMPLOYMENT [SECTION 28-48]

Hours and limitations sections

       
1) Weekly Day of Rest [SECTION 28]  


As we know The mines Act endeavor to regulate the working condition of the Mine workers , under this Section of the Act it's provides for the Weekly Day of rest,  Section 28 provides

" No person shall be allowed to work in a mine on more than six days in any one week "

 2) Compensatory days of rest [SECTION 29]

  As we have discussed in previous section of this Act that every working person shall get weekly day of rest, if in any case such day is deprived then such person shall be allowed such compensatory days of rest within that month or within following two month of that month.

  Section 29(2)

 The manner in which Compensatory days of rest shall be allowed will be prescribed by the Central Government


3)Hours of work above ground [SECTION 30]
           
 Section 30 of this Act deals with the Hours of work above ground, it provides that the person who work above the ground shall not be allowed to work more than 48 hours or more than mine hours in a week and day respectively.


 
4. Hours of work below ground [Section 31]

  Section 31 of the Act deals with the hours of work below ground, this section also provides that any person which are employed in mine below ground shall not be allowed to work more than Forty-eight hours and eight hours in a week or day respectively