Ministry of Labour & Employment

FREQUENTLY ASKED QUESTIONS:-

1. What are the Existing Legislative Provisions regarding safety, health and welfare of mine workers?

•  Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of the Central Government (Entry 55- Union List- Article 246).

• The objective is regulated by the Mines Act, 1952 and the Rules and Regulations framed thereunder which are administered by the Directorate- General of Mines Safety (DGMS), under the Union Ministry of Labour and Employment.

•  A list of the subordinate legislation under the Mines Act administered by DGMS are –

•  Coal Mines Regulations, 1957. 

•  Metalliferous Mines Regulations, 1961.

• Oil Mines Regulations, 1984.

• Mines Rules, 1955

• .  Mines Vocational Training Rules, 1966

• . Mines Rescue Rules, 1985.

• Mines Creche Rules, 1966.

2. How the Compliance of the Provisions are ensured? 

The owner, agent or manager of the mine is required to comply with the provisions of health and safety provisions of the Mines Act and the rules framed thereunder, as required under Section 18 of the Mines Act, 1952.

3.How the Provisions of Health, Safety and Welfare Amenities are enforced?

DGMS is the enforcement agency which ensures compliance of the stated provisions through inspections by inspecting officers. The health, safety and welfare provisions of Mines Act and Rules are invariably checked during the course of general inspection of the mines. The violations observed during the course of general inspection of the mines. The violations observed during the course of such inspections are being followed up by subsequent follow up inspection. In case of noncompliances, the improvement notices, prohibitory orders etc. are also being issued till it is complied.

 

4. What is the Role and Function of DGMS? 

1. Inspection of mines. 

2. Investigation into –

 a) accidents

 b) dangerous occurrences – emergency response

 c) complaints & other matters

 3. a) Grant of :

 i) statutory permission, exemptions & relaxations - pre-view of project reports & mining plans

 ii) approval of mine safety equipment, material & appliances 

b) Interactions for development of safety equipment, material and safe work practices through workshop etc. 

c) Development of Safety Legislation & Standards 

d) Safety Information Dissemination. 

4. Conduct of examinations for grant of competency certificates. 

5. Safety promotion initiatives including :

 (a) Organisation of – Conference on Safety in Mines National Safety Awards Safety Weeks & Campaigns. 

(b) Promoting – - Safety education and awareness programmes - Workers’ participation in safety management through- Workmen’s inspector Safety committee Tripartite reviews

 5. What are the provisions of law in respect of accidents in mines? 

Ans. Following provisions are existing in the Mines Act & the Rules & Regulations made thereunder on accidents in mines:

 Section 23 of the Mines Act5, 1952: Notice of Accidents 

Notice of accidents by the mine management of DGMS

 Enquiry in to such accident by DGMS

 Regulation 9:-

Prescribes nature of accidents and the forms in which notices are to be sent to specified persons which include Coal Mines Welfare Commissioner in cases of Fatal and Serious accidents.