Chapter VI
Hours and Limitations of Employment
28. Weekly day of rest
No person shall be allowed to work in a mine on more than six days in any one week.
29. Compensatory days of rest
(1) Where in pursuance of action under section 38 or as a result of exempting any mine or the persons employed therein from the provisions of section 28, any person employed therein is deprived of any of the weekly days of rest for which provision is made in section 28, he shall be allowed, within the month in which such days of rest were due to him or within the two months immediately following that month, compensatory days of rest equal in number to the days of rest of which he has been deprived.
(2) The Central Government may prescribe the manner in which the days of rest for which provision is made in sub–section (1) shall be allowed.
30. Hours of work above ground
(1) No adult employed above ground in a mine shall be required or allowed to work for more than forty–eight hours in any week or for more than nine hours in any day.
(2) The periods of work of any such adult shall be so arranged that, along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than five hours continuously before he has had an interval for rest of at least half an hour:
Provided that the Chief Inspector may, for reasons to be recorded, increase the period of spread over to fourteen hours in any day.
(3) No person belonging to two or more relays shall be allowed to do work of the same kind above ground at the same moment:
Provided that, for the purposes of this sub–section, persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times.
31. Hours of work below ground
(1) No adult employed below ground in a mine, except a pump–minder, an onsetter or attendant of continuously operated machinery, shall be allowed to work for more than forty–eight hours in any week or for more than eight hours in any day.
(2) No adult excepted under sub–section (1) shall be allowed to work for more than fifty–four hours in any week or for more than nine hours in any day.
(3) Work of the same kind shall not be carried on below ground in any mine for a period spreading over more than eight hours in the case of adults referred to in sub–section (1), and nine hours in the case of adults referred to in sub–section (2), in any day except by a system of relays so arranged that the periods of work for each relay are not spread over more than the hours stipulated in sub–section (1) or sub–section (2), as the case may be.
(4) No adult employed in a mine shall be allowed to be in any part of a mine below ground, except during the periods of work shown in respect of him in the register kept under sub–section (1) of section 48.
32. Special provision for night relays
Where a worker works in a relay whose period of work extends over midnight, the ensuring day for him shall be deemed to be the period of twenty–four hours beginning at the end of the period of work fixed for the relay, and the hours he has worked after midnight shall be counted towards the previous day.
33. Extra wages for overtime
(1) Where a person employed in a mine works therein for more than forty–eight hours whether above or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages if he works below ground, and at one and a half times that rate if he works above ground.
(2) Where any person employed in a mine is paid on piece–rate basis, the Central Government shall, in consultation with the employer concerned and the representatives of the persons employed in the mine, fix for the purposes of this section time rates which shall, as nearly as possible be equivalent in the average rate of earnings of the persons so employed, and the rates, so fixed shall be deemed to be the ordinary rates of wages of such persons.
(3) For the purposes of this section ‘ordinary rate of wages’ means the basic wages plus such allowances including the cash equivalent of the advantage accruing through the sale on a confessional basis of food grains and other articles as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus.
(4) The Central Government may prescribe the registers to be maintained in a mine for the purpose of securing compliance with the provisions of this section.
34. Prohibition of employment of certain persons
No person shall be allowed to work in a mine who has already been working in any other mine within the preceding twelve hours.
35. Limitations of periods of overtime work
Save in respect of cases falling within clause (a) of section 39, no person employed in a mine shall be allowed to work for more than ten hours in any day, inclusive of overtime, nor shall the total number of hours of his overtime work exceed fifty for any one quarters
Provided that–
(i) subject to the previous approval of the Chief Inspector, the daily maximum hours specified in section 30 and 31 may be exceeded in order to facilitate a change of shifts;
(ii) an adult, engaged in work which for technical reasons must be continuous throughout the day, may be employed for fifty–six hours a week.
Explanation.—In this section ‘quarter’ means a period of three consecutive months beginning with the 1st day of January, April, July or October.
36. Notices regarding hours of work
(1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay.
(2) In the case of a mine at which mining operations commence after the commencement of this Act, the notice referred to in sub–section (1) shall be posted not less than seven days before the commencement of work.
(3) The notice referred to in sub–section (1) shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the Chief Inspector, if he so requires.
(4) Where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed above ground, an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change.
(5) No person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub–section (1).
37. Supervising staff
Nothing in section 28, section 30, section 31 section 34 or sub–section (4) of section 36 shall apply to persons who may by rules be defined to be persons holding positions of supervision or management or employed in a confidential capacity.
38. Exemption from provisions regarding employment
(1) In case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of God or in case of any urgent work to be done to machinery, plant or equipment of the mine as the result of break down of such machinery, plant or equipment, the manager may, subject to the provisions of section 22 and in accordance with the rules under section 39, permit persons to be employed in contravention of section 28, section 30, section 31, section 34 or sub–section (4) of section 36, on such work as may be necessary to protect the safety of the mine or of the persons employed therein:
Provided that, in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted by this section, although the production of coal would thereby be incidentally affected, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine.
(2) Every case in which action has been taken by the manager under sub–section (1), shall be recorded together with the circumstances relating thereto and a report thereof shall also be made to the Chief Inspector or the Inspector.
39. Power to make exempting rules
The Central Government may make rules providing for the exemption, to such extent and subject to such conditions as may be specified, from the provisions of section 28, 30, 31, 34 or sub–section (4) of section 36,–
(a) of all or any of the persons employed in a mine, where an emergency involving serious risk to the safety of the mine or of the persons employed therein is apprehended;
(b) of all or any of the persons so employed, in case of an accident, actual or apprehended;
(c) of all or any of the persons engaged in urgent repairs; and
(d) of all or any of the persons employed in any work which for technical reasons must be carried on continuously throughout the day.
40. Employment of adolescents
(1) No adolescent shall be allowed to work in any part of a mine which is below ground unless–
(a) a medical certificate in the prescribed form granted to the adolescent by a certifying surgeon certifying that he is fit for work as an adult is in the custody of the manager of the mine;
(b) the adolescent carries, while at work, a token giving a reference to such certificate;
(c) the adolescent has an interval for rest of at least half an hour after every four and a half hours of continuous work on any day.
(2) Notwithstanding anything contained in this Act, no adolescent who has been granted a certificate under sub–section (1) shall be employed in any mine except between the hours of 6 A.M and 6 P.M.:
Provided that the Central Government may, by notification in the Official Gazette, vary the hours of employment of such adolescent in respect of any mine or class of mines so however that no employment of any such adolescent between the hours of 10 P.M. And 5 A.M.is permitted thereby.
41. Certificate of fitness
(1) a certificate of fitness granted or renewed for the purposes of section 40–
(a) shall be valid only for a period of twelve months from the date thereof;
(b) may be subject to specified conditions in regard to employment generally or the nature of the work in which the adolescent may be employed.
(2) A certifying surgeon shall revoke a certificate granted or renewed under section 40, if in his opinion the holder of it is no longer fit for work in the capacity stated therein in a mine.
(3) Where a certifying surgeon refuses to grant or renew a certificate or revokes a certificate, he shall, if so required by the person concerned, state his reasons in writing for so doing.
(4) Where a certificate under section 40 with reference to any adolescent is granted or renewed subject to such conditions as are referred to in clause (b) of sub–section (1), an adolescent shall not be required or allowed to work in any mine except in accordance with those conditions.
(5) The adolescent or his parents shall not be liable to pay any part of the expenses of any medical examination under section 40 in all cases where the application for a medical certificate is accompanied by a document signed by the manager of a mine stating that the adolescent to be examined will be employed in the mine if certified to be fit for work therein or the application is made by the manager of the mine in which the adolescent desires to be employed.
42. Effect of certificate of fitness granted to adolescents
An adolescent, who has been granted a certificate of fitness to work in a mine as an adult under section 40, and who while actually employed in a mine carries a token giving a reference to such certificate, shall be deemed to be an adult for the purposes of this Act.
43. Power to require medical examination
Where an Inspector is of opinion that any person employed in a mine without a certificate of fitness is an adolescent or that an adolescent working in a mine with a certificate of fitness is no longer fit to work in the capacity stated in the certificate, he may serve on the manager of the mine a notice requiring that such person or adolescent, as the case may be, shall be examined by a certifying surgeon and such person or adolescent 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 granted a certificate of fitness, or a fresh certificate of fitness as the case may be, under section 40, or has been certified by the certifying surgeon examining him not to be an adolescent.
44. Working hours for adolescents not certified to be fit for work as adults
(1) No adolescent who has not been granted a medical certificate certifying that he is fit for work as an adult shall be employed or permitted to be employed above ground or in any workshop or power station in a mine or in any open cast workings in a mine—
(a) for more than four and a half hours in any day; or
(b) between the hours of 6 P.M.and 6 A.M.
(2) The period of work of all such adolescents employed in a mine shall be limited to two shifts which shall not overlap or spread over more than five hours each, and each such adolescent shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.
(3) the provisions of section 28 shall apply to such adolescents and notwithstanding anything contained in sub–section (1) of section 38 or in section 39, no exemption from the provisions of section 28 shall be granted in respect of any adolescent.
45. Employment of children
(1) No child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which is below ground or in any open excavation in which any mining operation is being carried on.
(2) After such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf , no child shall be allowed to be present in any part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on.
46. Employment of women
No woman shall be employed at anytime of the day or night in any part of a mine which is below the adjacent ground level, and no woman shall be employed in any mine above ground except between the hours of 6 A.M and 7 P.M.:
Provided that the Central Government may, by notification in the Official Gazette, vary the hours of employment of women, above ground in respect of any mine or class or description of mine, so however that no employment of any woman between the hours of 10 P.M and 5 A.M.is permitted thereby.
47. Disputes as to age
(1) If any question arises between the Chief Inspector or Inspector and the manager of any mine as to whether any person is a child or an adolescent the question shall, in the absence of a certificate as to the age of such person granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner.
(2) Every certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practitioner on a reference under sub–section (1) shall for the purposes of this Act, be conclusive evidence as to the age of the person to whom it relates.
48. Registers of persons employed
(1) For every mine there shall be kept in the prescribed form and place a register of all persons employed in the mine showing in respect of each such person–
(a) the name of the employee, with the name of his father or, of her husband, as the case may be, and such other particulars as may be necessary for purposes of identification;
(b) the age and sex of the employee;
(c) the nature of his employment whether above ground, below ground or open cast workings, and the date of commencement thereof;
(d) the periods of work fixed for him;
(e) the intervals for rest, if any, and the days of rest to which he is entitled;
(f) in the case of an adolescent, reference to the certificate of fitness granted under section 40;
(g) where work is carried on by a system of relays , the relay in which he belongs and the hours of relay, that is to say, the period of work fixed for him;
(h) such other particulars as may be prescribed; and the relevant entries shall be authenticated by the signature or the thumb impression of the person concerned.
(2) The entries in the register prescribed by sub–section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter.
(3) No person shall be employed in a mine until the particulars required by sub–section (1) have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register.
(4) For every mine, other than a mine which is exempted by the Central Government by General or special order, there shall be kept in the prescribed form and place separate registers showing in respect of each person employed in the mine, (a) below ground, (b) in open cast workings and (c) above ground–
(a) the name of the employee;
(b) the nature of his employment;
(c) where work is carried on by a system of relays, the relay to which he belongs and the hours of relay, that is to say, the period of work fixed for him.
(5) The register of persons employed below ground referred to in sub–section (4) shall show at any moment the name of every person who is then present below ground in the mine.
