Fifth Schedule

[See rule 79(1)]

Abstracts Of The Act

Inspectors

1. Any Inspector may enter and inspect any mine (by day and night) and make such examination and
enquiry as may be necessary to determine the condition of the mine and to ascertain whether the
provisions of this act and of the Regulation, Rules, and Bye-laws are being observed. If he has reason
to believe that these provisions have been or are being contravened, he may search any place and
take possession [of any material plan, section register or other record] concerning the mine (Section
7).

2. Any Government, duty authorised by the Chief Inspector or an Inspector may enter any mine for
the purpose of surveying, levelling and measuring after giving at least 3 days notice to the manager
(Section 8).

3. Every owner, agent and manager of a mine shall afford every Inspector and every person
authorised under section 8 all reasonable facilities for making an entry, inspection, survey,
measurement, examination or enquiry under this Act.(Section 9).

[3-A. The Chief Inspector or an Inspector or an Officer authorised by him may undertake safety and
occupational health survey in mines. The time spent by any person chosen for examination in such
survey shall be counted towards his working time, so however that any overtime shall be sapid on
ordinary rate of wages. If such person is found medically unfit on such survey he shall be entitled to
medical treatment at the cost of the owner, agent or manager with full wages, during the period of
such treatment. If after such treatment he is declared medically unfit to discharge his duty, and if
such unfitness is directly ascribable to his employment he shall be entitled for an alternative
employment or a disability allowance and in case he desires to leave the employment for payment of
a lump sum compensation (Section 9A)]

Management of Mines

4. Every mine shall be under the control, management [supervision] and direction of one manager
having the prescribed qualifications (Section 17).

5. The owner, agent and manager of every mine shall be responsible that all operations carried on in
connection with the mine are conducted in accordance with the provisions of this Act and of the
Regulations, Rules, Bye-laws and any order made there under (Section 18).

[For any contravention of the provisions of this Act and of or off the Regulations, Rules, Bye-laws or
orders made there under, the person who contravenes, the concerned supervisor the owner, the
agent and the manager of the mines and in matters of canteen, crèche or pithead bath, the person
appointed, if any under sub-section(2) of section 18 shall be deemed to be guilty.]

Provision of drinking water, ambulance appliances and latrines

6. In every mine, both above and below ground -

(a) A sufficient supply of cool and wholesome drinking waster shall be provided and maintained at
suitable points conveniently situated for all persons employed in the mine (Section 19)

(b) A sufficient number of first-aid boxes shall be provided and maintained. (Section 21)

(c) A sufficient number or latrines and urinals, separately for males and females, shall be provided in
every mine at suitable places accessible at all times to all persons employed in the mine. All latrines
and urinals shall be maintained in a clean and sanitary condition. (Section 20).

Accidents and Propitiatory Orders

7. Where there occurs in or about a mine an accident causing loss of life or serious bodily injury on
any dangerous occurrence, a notice in the prescribed form shall be sent to the prescribed authorities
and simultaneously a copy of such notice shall be posted at the mine on a special notice board and
kept posted for [not less than fourteen days] from the date of such posting. (Section 23).

[Except for preventing further accidents or for saving life or for recovering dead bodies, the place of
accident shall not be disturbed or altered before the arrival or without the consent of the Chief
Inspector or an Inspector or before the expiry of 72 hours there from whichever is the earliest, unless
discontinuance of work at the place of accident would seriously impede the workings of the mine.]

8. Where any person employed in a mien contacts and disease connected with mining operations the
owner, agent or manager shall send notice thereof to the Chief Inspector and to such other
authorities as may be prescribed (Section 25)

[8-A. Every person whose employment is prohibited under sub-section (1-A) or sub-section (3) of
section 22 or under sub-section (2) of section 22A of the Act, shall be paid the full wages for the
relevant period or provided with alternative employment (Sections 22 and 22-A)].

Hours and Limitation of Employment

9. No person shall work in a mine on more than six days in any one week (Section 28.)

10. If any person works, as provided under this Act, on any day of rest fixed for him, he should be
given a compensatory day of rest within that of the following two months. (Section 29.)

11. No adult shall woek above ground in a mine for more than forty-eight hours in any week or
[normally] for more than nine hours in any day and he shall have at least half an hour's rest after
working for not more than five hours. The spread-over of the period of work including rest interval
shall not normally be more than 12 hours [Consecutive shifts for the same type of workers employed
above ground shall not overlap] (Section 30).

12. No adult shall work below ground in a mine for more than forty eight hours in any week or
[normally] for more than eight hours in any day, [***] (Section 31).

[13. Where in a mine a person works aboveground for more than nine hours or works below ground
for more than eight hours on any day, or works for more than forty eight hours in any week, whether
above ground or below ground, he shall get for such overtime work, wages at the rate of twice his
ordinary rate of wages.]
["Ordinary rate of wages" means the basic wages plus any dearness allowance, underground
allowance, incentive bonus (but not ordinary bonus), compensation in cash against free supply of
food grains and edible oils (but not against free housing, free supply of coal, kerosene oil, tools and
uniforms medical and educational facilities, sickness allowance) and in case of a person paid on
piece-rate basis, the average of his full time earnings (exclusive of any overtime) during the
preceding week.]

14. No person shall be allowed to work in a mine who has already been working in any other mine
within the preceding 12 hours. (Section 34).

[15. Except as may be permitted under clause (a) and (3) of section 39, no person employed in a
mine shall be required or allowed to work for more than ten hours in any day inclusive of overtime.
(Section 35).]

16. The manager of very mine shall post outside the office a notice of working hours, and no person
shall be allowed to work otherwise than in accordance with the notice (Section 36).

17. The provisions regarding weekly day of rest, hours of work above and belowground and of
section 36 shall not apply to supervising staff (Section 37).

18. In case of an emergency, the manager may permit in accordance with the rules made under
section 39, persons to be employed in contravention of the provisions regarding hours of work
(Section 38).

Employment of adolescents

[19. A person below 18 years of age shall not work in any part of a mine unless he is an apprentice or
a trainee in which case he may be below 18 years nut not below 16 years of age (Section 40).

20. Where an Inspector is of opinion that any person employed in a mine otherwise than an
apprentice or other trainee is not an adult or that any person employed in a mine as an apprentice or
other trainee is either below sixteen years of age or is no longer fit to work, the Inspector may serve
on the manager of the mine a notice requiring that such person shall be examined by a certifying
surgeon and such person shall not, if the Inspector so directs, be employed or permitted to work in
any mine until he has been so examined and has been so examined and has been certified that h e is
an adult or, if such person is an apprentice or trainee, that he is not below sixteen years of age and is
fit to work. (Section 43).]

[***]

[25. (1) No women shall be employed in any part of a mine which is below ground.

(2) No women shall be employed in any mine above ground except between the hours of 6 AM and 7
P.M.

(3) Every woman employed in a mine above ground shall be allowed an interval of not less than
eleven hours between the termination of employment on any one day and the commencement of
the next period of employment. (Section 46).
 Registration of workers

[26(1) For every mine there shall be kept a register of employees showing in respect of each person,
his or her name with the name of his father or of her husband as the case may be, age, sex, nature of
employment date of commencement of employment, [***]. The entries in the register shall be
authenticated by the signature or thumb impression of the person concerned.

(2) There shall also be kept separate attendance registers for employees working -

(a) below ground;

(b) above ground in opencast workings; and

(c) above ground in other cases;

Showing in respect of each person the name, class or kind of his employment and the ours of shift
and the shift to which he belongs. The register of persons employed below ground shall show at any
moment the name of every person who is then present below ground in the mine.

(3) No unauthorised person shall enter any opencast working or any working below ground (Section
48).]

Leave with wages

[27.](1) Every person employed in a mine who has completed a calendar year's service therein shall
be allowed, during the subsequent calendar year, leave with wages calculated -

(a) in the case of a person employed below ground, at rate of one dya for every [fifteen days] of work
performed by him; and,

(b) in any other case, at the rate of one day for every twenty days of work performed by him.

(2) A calendar year's service referred to in sub-clause (1) shall be deemed to have been completed -

(a) in the case of a person employed below ground in a mine, if he has during the calendar year put
in not less than one hundred and ninety attendances at the mine; and

(b) in case of any other person, it he has during the calendar year put in not less than two hundred
and forty attendances at the mine.

Explanation. - For the purpose of this sub-clause -

(a) any days of lay-off by agreement or contract or as permissible under the standing order ;

(b) in the case of a female employee, maternity leave for any number of days not exceeding twelve
weeks, and

(c) the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the employee has worked in a mine for the purpose of
computation of the attendance, but he shall not earn leave for these days.

(3) A person whose service commences otherwise than on the first dya of January shall eb entitled to
eave with wages in the subsequent calendar year at the rates specified in clause (1), if -

(a) in the case of a person employed below ground in a mine, he has put in attendances for not less
than one-half of the total number of days during the remainder of thee calendar year; and

(b) in any other case, he has put in attendances for not less than two thirds of the total number of
days during the remainder of the calendar year.

(4) Any leave not taken by a person to which he is entitled in any one calendar year under sub-clause
(1) or sub-clause (3) shall be added to the leave to be allowed to him under sub clause(1) during the
succeeding calendar year :

Provided that the total number of days of leave which may be accumulated by any such person shall
not at any one time exceed thirty days in all :

Provided further that any such person who has applied for leave with wages byt has not been given
such leave in accordance with sub-clause(6), shall be entitled to carry forward the unveiled leave
without any limit.

(5) Any such person may apply in writing to the manager of the mine not les than fifteen days before
the day on which he wishes his leave to begin, for all leave or any portion thereof then allowable to
him under sub-clause(1), (3) and (4):

Provided that the number of times in which leave may be taken during any one calendar year shall
not exceed three.

(6) An application for such leave made in accordance with sub-clause(5) shall not be refused unless
the authority empowered to grant the leave is of opinion that owing to the exigencies of the
situation the leave should be refused.

(7) If a person employed in a mine wants to avail himself of the leave with wages due to him to cover
a period of illness. He shall be granted such leave even if the application is not made within the time
specified in sub-clause(5).

(8) If the employment of a person employed in a mine is terminated by the owner, agent or manager
of the mine before he has taken the entire leave to which he is entitled up to the day of termination
of his employment, or if such person having applied for and having not been granted such leave,
quits his employment before he has taken the leave, the owner, agent or manager of the mine shall
pay him the amount payable under clause 28, in respect of the leave not taken, and such payment
shall be made where the employment of the person is terminated by the owner agent or manager
before the expiry of the second working day after such termination and where a person himself quits
his employment on or before the next pay day.

(9) The unavailed leave of a person employed in a mine shall not be taken into consideration in
computing the period of any notice required to be given before the termination of his employment.

[(10) If a person employed in a mine is discharged or dismissed or quits his employment or is

superannuated or dies while in service, he or his heirs or his nominees is entitled to wages in lieu of
leave due, if he has put in the minimum number of attendances prescribed in sub-section 52 of the
Act.]
Explanation. - For the purpose of sub-clause [(1) (3) and 10) any fraction of leave of half a day or
more shall be treated as one full day and fraction of less than half a day shall be omitted (Section
52)].

[28. For the leave allowed to a person, he shall be paid at a rate equal to the daily average of his total
full-time earnings during the month immediately preceding his leave, exclusive of overtime wages
and bonus, but inclusive of any dearness allowance and compensation in cash including such
compensation, if any, accruing through the free issue of food grains, and other articles as persons
employed in the mine may, for thee time being be entitled to. If figures for his average earnings are
not available, the average shall be computed on the basis of the daily average of the total full time
earnings of all persons similarly employed for that month. (Section 53).

29. Any person who has been allowed leave for not less than four days shall be paid wages due for
the period of leave allowed before his leave beings. (Section 54).]

Penalties

30. Any person obstructing an Inspector in the execution of his duties may be punished with
imprisonment up to three months or fine up to Rs. 500 or both (Section 63.)

31. Whoever makes, give or delivers any plan return, notice record or report containing a statement,
entry or detail which is not to the best of his knowledge or belief true may be punished with
imprisonment up to three months or a fine up to [Rs.1,000] or both (Section 64).

32. Whoever knowingly uses for himself a certificate of fitness granted [under section 43] to some
other person or allows a certificate of fitness granted to him to be used by any other person, may be
punished with imprisonment up to one month or a fine up to [Rs. 200]; or both (Section 65).

[33 if any person below 18 years of age is employed in a mine except as an apprentice or trainee, the
owner, agent or manager of such mine shall be punishable with a fine up to Rs. 500/- (Section 68).]

34. If any mine is run without a manager the owner or agent may be punished with imprisonment up
to three months or with a fine up to [Rs. 2500]; or both. (Section 69).

35. Whoever fails to give notice of any accidental occurrence or to post a copy of the notice on a
special notice board, may be punished with imprisonment up to three months or a fine up to Rs. 500
or both (Section 70).

36. No person shall interfere with, misuse or wilful neglect to make use of any appliance provided for
the purpose of health, safety of welfare of the workers or wilfully do any thing likely to endanger
himself or others. (Section 2).

[37.] Whoever contravenes any provision of any regulation or 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 punished with imprisonment which may extend to Rs. 2,000 or with both. (Section 72-A).

38. Whoever contravenes any order issued under sub-section (IA), or subsection (2) or sub-section
(3) of section 22 ["or under sub-section (2) of section 22-A"] shall be punished with imprisonment up
to two years and fine up to Rs. 5,000 (Section 72-B).
39. Whoever contravenes any provision of the Act or of any regulation rule or bye-law or of any order
made thereunder (other than an order made under sub-section (I-A) or sub-section (2) or sub-
section (3) of section 22) [or, under sub-section (2) of section 22-A] shall be punishable -

(a) If such contravention results in loss of life, with imprisonment which may extent to two years, or
with fine which may extend to Rs. 5,000 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 Rs. 3,000 or with both; or

(c) If such contravention otherwise causes injury or danger to persons employed in the mine or
others persons in or about the mine, with imprisonment which may extend to three months or with
fine which may extend to Rs. 1,000 or with both (Section 72-C).

[40.] Whoever contravenes any provision of this Act or of any regulation rule or bye-law or of any
order made there under, for which no penalty is expressly provided may be punished with
imprisonment up to three months, or a fine up to Rs. 1,000 or both (Section 73).

[41. If any person who has been convicted for any offence other than an offence mentioned in clause
38 or 39 is again convicted for the same offence within two years of the previous conviction, he shall
be punished, for each subsequent conviction, with double the punishment to which he would have
been liable for the first contravention of such provisions. (Section 74.)]

[42. No fee or charge shall be realised from any person employed in a mine in respect of any
protective arrangements or facilities to be provided or any equipment or appliance to be supplied
under the Act. (Section 85-C)].