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THE MINES ACT, 1952

Title : THE MINES ACT, 1952

Year : 1952



(1) Whoever obstructs the Chief Inspector, an Inspector, or any person authorised under section 8 in the discharge of his duties under this Act, or refuses or willfully neglects to afford the Chief Inspector, Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authoirsed by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred rupees, or with both.

(2) Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents keep in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent any person from appearing before or being examined by an inspecting officer acting inpursuance of his duties under this Act, shall be pubishable with fine which may extend to three hundred rupees.



Whoever-

(a) Counterfeits or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under this Act, or

(b) Knowingly uses as true any such counterfeit or false certificate, or

(c) Makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this Act, or any employment in a mine, or

1*[(d) Falsifies any plan, section, register or record, the maintenance of which is required by or under this Act or produces before any authority such false plan section register or record, knowing the same to be false, or]

(e) Makes, gives or delivers any plan, return, notice, record or report conatining a statement, entry or detail which is not to the best of his knowledge or belief true,shall be pubishable with imprisonment for term which may extend to three months, or with fine which may extend to 2*[one thousand rupees], or with both.

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1. Substituted by Act 62 of 1959, section 35, for Clause (d) (w.e.f. 16-1-1960).

2. Substituted by Act 62 of 1959, section 35, for "five hundred rupees" (w.e.f. 16-1-1960).

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Whoever knowingly uses or attempts to use as a certificate of fitness grantedto himself under 1*[section 43] a certificate granted to another person under that section, or, having been granted a certificate of fitness to himself under that section, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 2*[two hundred] rupees, or with both.

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1.Inserted by Act 62 of 1959, section 37, for (w.e.f. 16-1-1960).

2. Substituted by Act 62 of 1959,section 37, for "two hundred"(w.e.f.16-1-1960).

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Any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan 1* [section,] return, notice register, record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to 2*[one thousand] rupees.

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1.Substituted by Act 62 of 1959, section 38, for "five hundred (w.e.f.16-1-1960).

2.Certain words omitted by Act 62 of 1959, section 38 (w.e.f. 16-1-1960).

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Whoever, save as permitted by section 38,contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made there under prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1*[one thousand]rupees, or with both .

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1.Substituted by Act 42 of 1983, section 37, for section 68 (w.e.f. 31-5-1984).

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If a person below eighteen years of age is employed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be punishable with fine which may extend to five hundred rupees.

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1.Substituted by Act 62 of 1959, section 39, for "five hundred" (w.e.f.16-1-1960).

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Whoever, in contravention of the provisions of section 17, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1*[two thousand and five hundred] rupees, or with both.

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1.Inserted by Act 42 of 1983, section 38 (w.e.f. 31-5-1984).

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(1) Whoever in contravention of the provision of sub-section (1) of section 23 fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board referred to in that sub-section and to keep it there for the period specified shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

(2) Whoever in contravention of a direction made by the Central Government under sub-section (3) of section 23 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.



Where the owner, agent or manager of a mine, as the case may be, has taken proceedings under this Act against any person employed in or about a mine in respect of an offence under this Act, he shall within twenty-one days from the date of the judgment or order of the court report the result thereof to the Chief Inspector.



No person employed in a mine shall-

(a) Willfully interfere with or misuse any appliance, convenience or other thing provided in a mine for the purpose of securing the health, safety or welfare of the persons employed therein;

(b) Willfully and without reasonable cause do anything likely to endanger himself or others;

(c) Willfully neglect to make use of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein.

72A - 1*Special provision for contravention of certain regulations

Whoever contravenes any provision of any regulation or of any bye-law or of any order made there under, relating to matters specified in clauses (d), (i), (m), (n), (o), (p), (r), (s), and (u) of section 57 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

72B - Special provision for contravention of orders under section 22

Who ever continues to work in a mine in contravention of any order issued under sub-section (1A), subsection (2) or sub-section (3) of section 22 1*[or under sub-section (2) of section 22A] shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five thousand rupees:

1*[Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court, such fine shall not be less than two thousand rupees].

72C - Special provision for contravention of law with dangerous results

(1) Whoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made there under [other than an order made under sub-section (1A) or sub-section (2) or sub-section (3) of section 22] 2*[or under sub-section (2) of section 22A], shall be punishable-

(a) If such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both; or

(b) If such contravention results in serious bodily injury, with imprisonment which may extend to one year, or with fine which may extend to three thousand rupees, or with both ; or

(c) If such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both:

2*[Provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court, such fine, in the case of a contravention referred to in clause (a), shall not be less than three thousand rupees].

(2) Where a person having been convicted under this section is again convicted there under, he shall be punishable with double the punishment provided by sub-section (1).

(3) Any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured or, in the case of his death, to his legal representative :

Provided that if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if any appeal has been presented, before the decision of the appeal.]

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1. Substituted by Act 62 of 1959, section 40, for sections 73 and 74 (w.e.f. 16-1-1960).

2. Inserted by Act 42 of 1983, section 38 (w.e.f. 31-5-1984).

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Whoever contravenes any provision of this Actor of any regulation, rule or bye-law or of any order made there under for the contravention of which no penalty is here in before provided, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

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1.Certain words omitted by Act 42 of 1983, section 45 (w.e.f. 31-5-1984).

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Last updated on August, 2016

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