Health and Safety measures, provision, regulations under the mines Act 1952 notes

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.