Explain the Provisions relating hours and Limitations of Employment under the mines Act 1952 notes

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

5). NIGHT SHIFT [SECTION 32]

Where a person employed in a mine works on a shift which extends beyond midnight-

(a) for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;

(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. 

_{6). EXTRA WAGES FOR OVERTIME [SECTION  33]}

 Section 33 deals with the Extra wages for overtime, according to this section if a person employed in a mine works for more than working hours of mine (it includes both above and below ground) which we discussed in last two sections then he/she shall be entitled to payment in respect of such overtime.

 7). Prohibition of employment of certain persons [SECTION 34] 

 Section 34 of this Act deals with the Prohibition of employment of certain persons, according to this section if a person works in any other mine then he/she shall not be allowed to work in a new mine.

8). Limitation of daily hours of work including overtime work. [SECTION 35]

 This Section deals with the Limitation of daily hours of work including overtime work, this section provides that adding overtime no person shall be required to work for more than ten hours

9). NOTICES REGARDING HOURS OF WORK [SECTION 36]

 Section 36 of this Act deals with the Notices regarding Hours of work, According to this section the authority of the mine shall hang a notice board outside the office stating the opening and closing time of working hours.


 10). SUPERVISING STAFF [SECTION 37]

 Section 37 of the Act deals with the Supervising Staff, according to this section all the above discussed sections shall not be apply to the supervising staff of a mine.

 11). EXEMPTION FROM PROVISIONS REGARDING EMPLOYMENT [SECTION 38]

 This Section deals with the Exemption from provisions regarding employment, according to this section if in any mine if any emergency situation arise and which is harmful to the mine as well as to the safety of the worker then in such case the authority of the mine can allow some  persons to be employed in infringement of all the above discussed sections including hours of limitation above and below ground etc as such work is necessary for both mine as well as worker employed therein.


  12). POWER TO MAKE EXEMPTING RULES [SECTION 39] 

The central government] may make rules providing for for the exemption to such extent, in such circumstances and subject to such conditions as may be specified, from the provisions of sections 28, 30, 31, 34 or sub-section (5) of section 36--

 (a) During an emergency which involves risk to the safety of the mine as well as workers employed therein
 (b) During accident which may be actual or Act of God
(c) During Urgent repairs
(d) Due to technical reasons

13). Employment of persons below eighteen years of age [SECTION 40.] 

 Section 40 of the act deals with the employment of persons below eighteen years of age, according to this section no person who is below eighteen years of age shall be allowed to work in the mine.


14). Power to require medical examination [SECTION 43]  

 Section 43 provides Power to require medical examination, according to this section if an inspector appointed under this act in any mine is of the opinion that any person working in a mine is not an adult or any person employed in a mine is below sixteen years of age, then the inspector is empowered to serve a notice to the authority of the mine regarding the medical examination of such person shall be examined or shall not by a certifying surgeon.



 15). Prohibition of the presence of persons below eighteen years of age in a mine [SECTION 45]

 This section deals with the prohibition of the presence of persons below eighteen years of age in a mine, according to this section no person who is below eighteen years of age shall be allowed to be present in any premises of a mine above ground or in any place of the mine where any mining operation is connected.