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THE MINES (AMENDMENT) BILL, 2011
[Bill No. X of 2011] A BILL further to amend the Mines Act, 1952. Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-- 1. Short title and commencement.-- (1) This Act may be called the Mines (Amendment) Act, 2011. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Amendment of long title.-- In the Mines Act, 1952 (35 of 1952) (hereinafter referred to as the principal Act), in the long title, for the words "regulation of labour and safety in mines", the words "regulation of conditions of work and welfare of persons employed in mines and safety in mines and to provide for matters connected therewith or incidental thereto" shall be substituted. 3. Amendment of section 1.-- In section 1 of the principal Act, in sub-section (2), after the words "whole of India", the words and figures '"including the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India as defined under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976" (80 of 1976) shall be inserted. 4. Amendment of section 2.-- In section 2 of the principal Act, in sub-section (1),-- (i) in clause (c), for the words ''every person", the words "every person, being superior to the manager" shall be substituted; (ii) after clause (g), the following clause shall be inserted, namely:-- '(ga) "foreign company" means the company falling under section 591 of the Companies Act, 1956 (1 of 1956);'; (iii) for clause (l), the following clause shall be substituted, namely:-- '(l) "owner", when used in relation to a mine, means a person or authority having ultimate control over the affairs of the mine: Provided that where the mine belongs to,-- (i) a company incorporated in India, the managing director thereof, and if there is no managing director, all the whole-time directors of the board of directors of the company, as the case may be, shall be the owner; (ii) a foreign company, the principal officer by whatever name called, including its director and secretary, shall be the owner; (iii) a firm or other association of persons, all the individual partners or members thereof, shall be the owner: Provided further that, in the case of a body corporate without a managing director, or in the case of a firm or other association of persons, where a specific nomination has been made, in favour of a whole-time director, managing partner or member, as the case may be, such whole-time director, managing partner and member shall be the owner: Provided also that where a mine belongs to,-- (i) a local authority or body, the person having the ultimate control over such authority or body; (ii) a person who has the prospecting licence, mining lease or mining right, such person; (iii) a liquidator or receiver, such liquidator or receiver, as the case may be, shall be the owner: Provided also that any contractor or sub-lessee for the working of a mine or any part thereof, shall also be the owner, but, not so as to exempt the owner from any liability. Explanation.-- For the purposes of this clause,-- (i) the expressions "body corporate", "board of directors", "company", "director", "firms" and "managing director" shall have the same meanings respectively assigned to them under the Companies Act, 1956(1 of 1956); (ii) the expressions "prospecting licence" and "mining lease" shall have the same meanings respectively assigned to them under the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);'. 5. Insertion of new section 18A.-- After section 18 of the principal Act, the following section shall be inserted, namely:-- '18A. Appointment of officials and agents in mines.--(1) Without prejudice to any of the provisions of this Act or any other law for the time being in force, the owner of every mine shall appoint,-- (a) sufficient number of his officials, as may be prescribed, for the effective supervision of all operations, equipment, installations and sites, in the mine of such owner to ensure compliance with the provisions of the Act and of the rules and regulations made and of any order issued, thereunder; (b) such number of his agents, as may be prescribed, specifying their functions, duties and responsibilities in respect of each of his mines. Explanation.--For the purpose of this sub-section, the expression "official means a person, having such qualifications, as may be prescribed and appointed by, or, on behalf of the owner, to perform the duties of supervision in mine of such owner or part thereof, in such capacity as may be prescribed. (2) Every agent referred to in clause (b) of sub-section (1), shall,-- (a) possess such qualifications and experience, as may be prescribed; (b) be resident in India for at least one hundred and eighty-two days during any year or such other period as may be prescribed. (3) The owner shall, in respect of every agent referred to in clasue (b) of sub-section (1), forthwith send notice of appointment of such agent to the Chief Inspector and the Inspector, specifying the functions, duties and responsibilities of every such agent in respect of the mine for which he is appointed as such.'. 6. Amendment of section 58.-- In section 58 of the principal Act, after clause (a), the following clauses shall be inserted, namely:-- "(aa) number of officials to be appointed under clause (a) of sub-section (1) of section 18A; (ab) number of the agents to be appointed under clause (b) of sub-section (1) of section 18A; (ac) the qualifications of the officials to be appointed under sub-section (1) of section 18A; (ad) the qualifications and experience of the agents under clause (a) of sub-section (2) of section 18A; (ae) the period during which the agent shall be resident in India under clause (b) of sub-section (2) of section 18A;". 7. Amendment of section 63.-- In section 63 of the principal Act,-- (a) in sub-section (1), for the words "five hundred rupees", the words "fifty thousand rupees" shall be substituted; (b) in sub-section (2), for the words "three hundred rupees", the words "thirty thousand rupees" shall be substituted. 8. Amendment of section 64.-- In section 64 of the principal Act, for the words "one thousand rupees", the words "one lakh rupees" shall be substituted. 9. Amendment of section 65.-- In section 65 of the principal Act, for the words "two hundred rupees", the words "twenty thousand rupees" shall be substituted. 10. Amendment of section 66.-- In section 66 of the principal Act, for the words "one thousand rupees", the words "one lakh rupees" shall be substituted. 11. Amendment of section 67.-- In section 67 of the principal Act, for the words "one thousand rupees", the words "one lakh rupees" shall be substituted. 12. Amendment of section 68.-- In section 68 of the principal Act, for the words "five hundred rupees", the words "fifty thousand rupees" shall be substituted. 13. Amendment of section 69.-- In section 69 of the principal Act, for the words '"three months, or with fine which may extend to two thousand and five hundred rupees", the words "one year, or with fine which may extend to two lakh and fifty thousand rupees" shall be substituted. 14. Amendment of section 70.-- In section 70 of the principal Act, in sub-sections (1) and (2), for the words '"five hundred rupees" at both the places where they occur, the words "fifty thousand rupees" shall be substituted. 15. Amendment of section 72A.-- In section 72A of the principal Act, for the words "six months, or with fine which may extend to two thousand rupees", the words "one year, or with fine which may extend to two lakh rupees" shall be substituted. 16. Amendment of section 72B.-- In section 72B of the principal Act,-- (a) for the words "two years, and shall also be liable to fine which may extend to five thousand rupees", the words "five years and shall also be liable to fine which may extend to five lakh rupees" shall be substituted; (b) for the words "two thousand rupees", the words "two lakh rupees" shall be substituted. 17. Amendment of section 72C.-- In section 72C of the principal Act,-- (a) in sub-section (1),-- (i) in clause (a), for the words "two years, or with fine which may extend to five thousand rupees", the words "five years or with fine which may extend to five lakh rupees" shall be substituted; (ii) in clause (b), for the words "three thousand rupees", the words "three lakh rupees" shall be substituted; (iii) in clause (c), for the words "three months, or with fine which may extend to one thousand rupees", the words "one year, or with fine which may extend to one lakh rupees" shall be substituted; (iv) in the proviso, for the words "shall not be less than three thousand rupees", the words "shall not be less than three lakh rupees" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) Where the contraventions falls under any of the three clauses of sub-section (1), the award of punishment shall be in accordance with the maximum punishment provided under the clauses being so contravened.". 18. Amendment of section 73.-- In section 73 of the principal Act,-- (a) for the words "which may extend to three months, or with fine which may extend to one thousand rupees,", the words "which may extend to one year or with fine which may extend to one lakh rupees," shall be substituted; (b) the following proviso shall be inserted, namely:-- "Provided that in case the contraventions of any provision of this Act or of any rule, or regulation, bye-law or of any order made thereunder continues, additional fines shall be imposed which may extend to one thousand rupees for each day on which the contravention is continued, and, if such contravention continues beyond a period of one year after the date of conviction or contravention, the offender shall be punishable with imprisonsment for a term, which may extend to seven years.". 19. Insertion of new section 74A.-- After section 74 of the principal Act, the following section shall be inserted, namely:-- "74A. Burden of proof in certain cases.--Where any person is prosecuted, or proceeded against, for contravening any of the provisions of this Act or of any rule, or regulation, or bye-law or order made thereunder, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable, or, as the case may be, all practicable measures, were taken, to satisfy the safety requirements, duty or other requirements, as the case may be.". 20. Amendment of section 76.-- In section 76 of the principal Act,-- (a) for the words "all or any of the directors thereof, the words "managing director, all or any of the directors thereof or where the owner of a mine is a foreign company, all or any of its principal officers, by whatever name called, including its director or secretary" shall be substituted; (b) in the proviso,-- (i) in clauses (a), (b) and (c), the words "or managers" occurring at the end, shall be omitted; (ii) after clause (c), the following clause shall be inserted, namely:-- "(d) in the case of a foreign company, any of its principal officers, by whatever name called, including its director or secretary,"; (iii) after clause (d) as so inserted, in the long line, the words "or manager" occurring at both the places, shall be omitted. 21. Insertion of new section 76A.-- After section 76 of the principal Act, the following section shall be inserted, namely:-- "76A. Continuance of liability.--Nothing contained in this Act shall absolve any person from his liability under this Act, if such person had or has ultimate control over the affairs of the business of the mines.". |