S.R.O.3419 dated the 24^th October, 1957 – In exercise of the powers conferred by section 57 of the Mines Act, 1952 (35 of 1952) and in supersession of the Indian Coal Mines Regulations, 1926, the Central Government hereby makes the following Regulations, the same having been previously published as required by sub-section (1) of section 59 of the said Act.

1. Short title, extent and application- (1) These regulations may be called the Coal Mines Regulations, 1957.

(2) They extend to the whole of India.

(3) They shall apply to every coal mine.

2. Definitions – In these regulations, unless there is anything repugnant in the subject or context –

3. Notice of Opening. – (1) The notice required by section 16 of the Act shall be submitted in Form I. And a copy thereof shall be submitted to the Regional Inspector. The Form shall be accompanied by a plan showing the boundaries of the mine and the shafts or openings of the mine, trijunction or revenue pillars and other prominent and permanent surface features :

Provided that, in respect of a mine which has already been opened such a plan shall be submitted withint sixty days of coming into force of the Coal Mines (Amendment) Regulations, 1985:

Provided further that if the boundary of amine is changed as per sub-regulation (1) of regulation 107, a plan showing the new boundary, shall be submitted within seven days of the said change.

(2) When a mine has been opened, the owner, agent or manager shall forthwith communicate the actual date of opening to the Chief Inspector and to the Regional Inspector.

4. Monthly Returns – On or before the 14^th day of every month, the owner, agent or manager shall submit to the Chief Inspector and the Regional Inspector correct returns in respect of the preceding month in Form II.

5. Annual Returns – (1) On or before 20^th day of February in every year, the owner, agent or manager shall submit to the District Magistrate and to the Chief Inspector annual returns in respect of the preceding year in Form III.

(2) If a mine is abandoned or working thereof is discontinued over a period exceeding 60 days or if a change occurs in the ownership of a mine, the returns required under sub-regulation (1) shall be submitted within 30 days of abandonment or change of wonership or within 90 days of discontinuance, as the case may be :

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, allow such returns to be submitted upto any date not later than the 20^th day of February in the year following that to which they relate :

Provided further that the nothing in this sub-regulation shall be deemed to authorise the submission of any return later than the 20^th day of February in the year following that to which it relates.

6. Notice of abandonment or discontinuance – (1) When it is intended to abandon a mine or seam or to discontinue working thereof for a period exceeding 60 days, the owner, agent or manager shall not less than 40 days before such abandonment or discontinuance, give to the Chief Inspector and the Regional Inspector a notice stating the reasons for the proposed abandonment or discontinuance and the number of persons likely to be affected thereby:

Provided that when on account of unforeseen circumstances a mine is abandoned or discontinued before the said notice has been given or when without previous intention the discontinuance extends beyond a period of 60 days, the notice shall be given forthwith.

(2) Notwithstanding anything contained in sub-regulation (1), when it is intended to abandon or discontinue for more than 60 days, any workings belowground over which is situated any property vested in the Government or any local authority or any railway or any building or permanent structure not belonging to the owner, the owner, agent or manager shall, not less than 30 days before the date of such abandonment or discontinuance, give notice of his intention to the Chief Inspector and the Regional Inspector.

(3) When a mine or seam has been abandoned, or the working thereof has been discontinued over a period exceeding 60 days, the owner, agent or manager shall, within seven days of the abandonment or of the expiry of the said period, give to the Chief Inspector, the Regional Inspector and the District Magistrate notice in Form I.

7. Notice of re-opening – (1) When it is intended to re-open a mine or seam after abandonment or after discontinuance for a period exceeding 60 days, the owner, agent or manager shall, not less than 30 days before resumption of mining operations, give to the Chief Inspector, the Regional Inspector and the District Magistrate notice in Form I.

(2) When a mine has been re-opened, the owner, agent or manager of the mine shall forthwith communicate the actual date of re-opening to the Chief Inspector and the Regional Inspector.

8. Change in ownership and addresses, etc. – (1)(a) When a change occurs in the name of ownership of a mine or in the address of the woner, the owner, agent or manager shall, within seven days from the date of the change, give to the Chief Inspector and the Regional Inspector a notice in Form I :

Provided that where the woner of a mine is * * * a firm or other association of individuals, a change –

1. of any partner in the case of a firm;
2. of any member in the case of an association;
3. of any director in the case of a public company; or
4. of any shareholder in the case of a private company;

shall also be intimated to the Chief Inspector and the Regional Inspector, within seven days from the date of the change.

(b) When the ownership of a mine is transferred, the previous owner or his agent shall make over to the new owner or his agent, within a period of seven days of the transfer of ownership, all plans, sections, reports, registers and other records maintained in pursuance of the Act and of these regulations, or orders made thereunder, and all correspondence relating to the working of the mine relevant thereto, and when the requirements of this clause have been duty complied with, both the previous and the new owners or their respective agents shall forthwith inform the Chief Inspector and the Regional Inspector in writing.

(2) Any appointment is made of an agent, manager, engineer, surveyor, ventilation officer, safety officer, under manager or assistant manager or when the employment of any such person is terminated or any such person leaves the said employment, or when any change occurs in the address of any agent or manager, the owner, agent or manager shall, within seven days from the date of such appointment, termination or change give to the Chief Inspector of Mines and the Regional Inspector a notice in Form I.

8A. Appointment of agent – (1) The owner of a mine shall submit in writing to the Chief Inspector and the Regional Inspector, a statement showing names and designation of every person authorised to act on behalf of the owner in respect of management, control, supervision or direction of the mine.

(2) The statement shall also show the responsibilities of every such person and the matters in respect of which he is authorised to act on behalf of the owner.

(3) Every such person shall be deemed to be agent for the mine or group of mines, as the case may be, in respect of the responsibilities as specified in such statement.

(4) The statement aforesaid shall be submitted within one month from the date of coming into foce of the Coal Mines (Amendment) Regulations, 1985, in the case of mines already opened, or reopened as the case may be, and in other cases within one month from the date of opening or reopening of the mine.

(5) Any change, addition or alteration in the names or other particulars of the aforesaid statement shall be reported in writing to the Chief Inspector and Regional Inspector within seven days from the date of such change, addition or alteration.

9. Notice of Accident – (1)(a) When there occurs in or about a mine –

1. an accident causing loss of life or serious bodily injury in connection with mining operations;
2. an explosion or ignition;
3. a spontaneous heating or outbreak of fire, or appearance of smoke or other indication of heating or outbreak of fire;
4. an influx of noxious gases;
5. an occurrence of inflammable gas in a mine to which Regulation 144 does not apply;
6. an irruption of water;
7. an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a ‘bump’) in workings below ground;
8. a premature collapse of any part of the workings;
9. any accident due to explosives;
10. a breakage or fracture of rope, chain, headgear, pulley or axle or bearing thereof, or other gear by which persons are lowered or raised;
11. an overwinding of cages or other means of conveyance while men are being lowered or raised;
12. a breakage or fracture of any essential part of winding engine, crankshaft, coupling, bearing, gearing, clutch, drum or drum shaft, or failure of emergency brake;
13. a bursting of any equipment containing steam, compressed air or other substance at high pressure; or
14. a breakage, fracture or faulure of any essential part of any machine or apparatus whereby the safety of persons may be endangered;

the owner, agent or manager shall forthwith inform the Regional Inspector about the occurrence by telephone or express telegram or by special messenger; and shall also, within 24 hours of every such occurrence, give notice thereof in Form IV-A to the District Magistrate, the Chief Inspector and the Regional Inspector and in the case of an accident mentioned in sub-clause (I) of this clause, also to the Coal Mines Labour Welfare Commissioner. The owner, agent or manager shall simultaneously exhibit a copy of the notice on a special notice board outside the office of the mine and shall ensure that the notice is kept on the board in a legible condition for not less than 14 days from the date of such exhibition.

(b) When an accident causing loss of life or serious bodily injury occurs in or about a mine in connection with the generation, storage, transformation, transmission, supply or use of electrical energy, the owner, agent or manager shall also forthwith inform the Electrical Inspector of Mines by telephone, express telegram or special messenger.

(2) If death results from any injury already reported as serious under sub-regulation (1) or if any injury other than the serious injury become serious, the owner, agenr or manager shall within 24 hours of his being informed of the same, give notice thereof to the District Magistrate, the Chief Inspector, the Regional Inspector and the Coal Mines Labour Welfore Commissioner.

(3) In respect of every persons killed or injured as above, the owner, agent or manager shall, within seven days of the occurrence, send to the Chief Inspector, particulars in Form IV-B.

10. Notice of disease – Where any person employed in a mine contract any disease notified by the Central Government in the Official Gazette, the owner, agent or manager shall, within three days of his being informed of the disease, give notice thereof in form V to the District Magistrate, the Coal Mines Labour Welfare Commissioner, the Chief Inspector, the Regional Inspector and Inspector of Mines (Medical).

11. Board of Mining Examinations – (1) For the purpose of these regulations, there shall be constituted a Board of Mining Examinations, (hereinafter referred to as ‘the Board’).

(2) The Board shall consist of the Chief Inspector, who shall be its Chairman ex-officio, and five members possessing technical qualifications in mining, and

1. having practical experience in coal mines, or
2. serving in an institution imparting education in mining engineering at the degree or equivalent level, or
3. engaged in mining research, to be appointed by the Central Government:

Provided that the Board shall be so constituted that it shall include atleast three members possessing qualifications laid down in clause (a) and atleast one member possessing qualifications laid down either in clause (b) or in clause (c).

(3) Every member (other than the Chairman) of the Board shall hold office for a period of three years from the date of the notification appointing him a member of the Board or until his successor is appointed and takes charge, whichever is later :

Provided that –

1. a member may at any time resign his office;
2. a member appointed under clause (b) or sub-regulation (2) shall cease to hold office upon his ceasing to serve in any such institution, as is referred to in that clause;
3. a person appointed to fill a vacancy caused by reason of the death, resignation, or by reason of ceaser of office under sub-clause (ii), of a member, shall hold office for the remaining period for which such member would have, but for such reason, continued as member.

(4) A person who holds, or who has held, office as member of the Board shall, subject to the other provisions of this regulation, be eligible for re-appointment to that office.

(5) A member of the Board (other than the Chairman) shall receive such remunerations as the Central Government may fix.

(6) An Inspector nominated in this behalf by the Chief Inspector shall act as Secretary to the Board (hereinafter referred to in this regulations as the Secretary.

(7) * * * * * * *

(8) Notwithstanding anything contained in this regulation, the Central Government may, if satisfied that it is necessary so to do in the public interact, re-constitute the Board even though the term of office of all or any of the members thereof has not come to an end.

(9) Meetings of the Board shall be held as and when the Chairman considers them necessary, and unless otherwise decided by the Chairman, all meetings of the Board shall be held at Dhanbad.

(10)(a) For every meeting of the Board, not less than ten clear days prior notice intimating the time and place of the proposed meeting and signed by the Chairman or the Secretary shall be given to each member who is not absent from India.

(b) Such notice shall be delivered at, or posted to the usual place of residence of the member, and each such notice shall be accompanied by a list of items of business to be disposed of at that meeting.

1. Notwithstanding what is contained in clauses (a) and (b), in cases of urgency, an emergent meeting may be called for by Chairman at any time, by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting:

Provided that if at any meeting there is no quorum as aforesaid, the meeting shall automatically stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day and the time, place and agenda for the adjourned meeting shall remain unchanged. It shall tehreupon be lawful to dispose of the business at such meeting irrespective of the number of members attending.

(11)(a) The Chairman shall preside at every meeting of the Board.

(b) If the Chairman is absent for any reason, the members present shall elect one from among themselve to preside over the meeting, and the members so elected shall, for the purposes of that meeting, have all power of the Chairman.

(12) No business shall be transacted at a meeting of the Board unless atleast three members, including the Chairman, are present.

(13)(a) All matters which the Board is required to consider shall be considred at its meeting, or, if the Chairman so decides, by circulation of the papers, to every member who is not absent from India.

(b) When any matter is referred to by circulation as aforesaid, any member can request that it should be considered at a meeting of the Board and the Chairman may direct that it shall be so considered but when two or more members so request, the Chairman shall direct that it shall be so considered at a meeting to be held.

(14)(a) The Secretary shall place, before the Board a list of business to be transacted at the meeting.

(b) No business which is not included in such list shall be considered unless the Chairman permits.

(15)(a) Every matter at a meeting, shall be decided by the majority of votes of the members present at such meeting.

(b) Every matter referred to the members by circulation under sub-regulation (13) shall be decided by the majority opinion of the members to whom the papers were circulated, unless the Chairman reserves it for consideration at a regular meeting to be held later.

(c) In case of equal division of votes or opinions of the members, Chairman shall have a casting vote or opinion.

(16)(a) The Secretary shall record the minutes of each meeting in a bound-paged book kept for the purpose and copies of such minutes of the meeting shall be circulated to all members present in India.

(b) The minutes so recorded shall be confirmed at the next meeting of the Board and signed by the Chairman in token thereof.

(17)(a) The Chairman in addition to any other powers and duties conferred upon him under these regulations, shall :

1. present all important papers and matters to the Board as early as possible;
2. the issue orders for carry out the decisions of the Board;
3. have power to refer, in his discretion, any matter to the Central Government for their orders; and
4. have powers generally to take such action or pass such orders necessary to implement the decisions of the Board.

(b) The Chairman may, during his temporary absence by reason of leave or otherwise, authorise any member of the Board to perform all or any of the duties of the Chairman during such absence.

(c) Unless the Chairman otherwise directs, all proceedings of the Board shall be conducted in camera and be regarded as confidential.

12. Certificates granted by the Board – (1) Certificates under these regulations shall be granted by the Board.

(2) Certificates granted by the Board shall be valid throughout the territories to which these regulations extend, and shall be of the following kinds –

1. Manager’s first class certificate of competency to manage a coal mine (in these regulations referred to as a First Class Manager’s Certificate);
2. Manager’s second class certificate of competency to manage a coal mines (in these regulations referred to as a Second Class Manager’s Certificate);
3. Surveyor’s certificate of competency to survey the workings of a mine (in these regulations referred to as a Surveyor’s Certificate);
4. Overman’s certificate of competency to carry out inspections and duties as required under these regulations (in these regulations referred to as an Overman’s Certificate);
5. Sirdar’s certificate of competency to carry out inspection and duties as required under these regulations (in these regulations referred to as a Sirdar’s Certificate);
6. Winding engineman’s I class certificate (in these regulations referred to as I class engine-driver’s certificate) to drive a winding engine of any type or class or of such type or class or types or classes as may be specified in the certificate;
7. Winding engineman’s II class certificate (in these regulations referred to as II class engine-driver’s certificate) to drive a winding engine of any type or class or of such type or class or types or classes as may be specified in the certificate;
8. Shot-firer’s certificate of competency to fire shots in a coal mine (in these regulations referred to as a Shot-firer’s Certificate); and
9. Certificate of competency to test for the presence of inflammable gas (in these regulations referred to as a Gas-testing Certificate);
10. Certificate of competency to check safety lams (in these regulations referred to as a Lamp Checker’s Certificate.

13. Examinations and examiners – (1) Certificates shall be granted to candidates after such examination and in such form as the Board may specify:

[Provided that the Board may, subject to the conditions specified in the bye-laws exempt any persons ****** from appearing at the examination or part thereof for the want of a certificate referred to in regulation 12].

(2) The examinations shall be held at such times and at such centres as may be fixed by the Board, and shall be conducted by examiners appointed by the Board.

(3) The examiners so appointed shall be subject to the orders of the Board in respect of all matters relating to the conduct of the examinations, and shall receive such remuneration as the Board, with the sanction of the Central Government, may fix.

(4) [The Board may make bye-laws as to the procedure for and the conduct of the examinations] and a to the granting of certificates of competency and of fitness as required under these regulations, and shall, so far as may be practicable, provide that the standard of knowledge required for the grant of certificates of any particular class and the standard of medical fitness shall be uniform throughout the territories to which these regulations extend.

(5) Every bye-law made by the Board under this regulation shall be published in the Official Gazette, and no such bye-law shall have effect until these months after the date on which it was so published.

14. Submission of applications – (1) Applications for an examination conducted by the Board shall made to the Board not less than 60 days prior to the date fixed for the examination and on a form supplied for the purpose.

(2) Notice regarding the date and place of the examinations for the Manager’s, Surveyor’s and Overman’s certificates shall be published under the order of Board, in such periodicals as the Board may direct, not less than 60 days prior to the fixed by the Board for receiving applications.

15. Age and general qualifications of candidates – (1)(a) No persons shall be admitted as a candidate as any examination held by the Board unless [ he is 20 years of age].

(b) No persons shall be admitted as a candidate as any examination for a Manager’s, Surveyor’s, Overman’s, Sirdar’s or Shot-firer’s Certificate unless he holds a valid first-aid certificate of the standard of the St. John Ambulance Association (India):

Provided that if any candidate satisfies the Board that he has not had sufficient opportunity to obtain such first-aid certificate, the Board may, by order in writing, admit him to the examination on such conditions, if any, as it thinks fit to impose.

(c) Every application for any examination as aforesaid shall be accompanied by:

1. a certificate of age granted by a Gazetted Officer of the Government or by the headmaster of a recognised school of a Higher Secondary or equivalent standard:

Provided that in the case of a person holding a matriculation or equivalent certificate, such certificate shall be submitted as evidence of age;

2. a medical certificate obtained not more than two years prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficiency of his work; and
3. a certificate from some person of good repute as to the general good conduct and sobriety of the candidate.

[(2) No persons shall be admitted as a candidate to any examination for Manager’s, Surveyor’s, Overman’s or Sirdar’s Certificate unless he has passed the Secondary School examination of a recognised Board of its equivalent, and for an Engine-driver’s or Shot-firer’s Certificate unless he satisfies the Board that he is literate:

Provided that nothing in this sub-regulation shall be deemed to debar a person not satisfying the provisions thereof from being admitted at an examination for a Sirdar’s Certificate on or before the 1^st day of January, 1992, if he had been admitted at an examination for the said Certificate earlier].

(2A) [ * * * * * ]

(3) No person shall be admitted as a candidate at any examinaton for a Manager’s or an Overman’s Certificate unless he has obtained a Sirdar’s and a Gas-testing Certificate.

Provided that if a candidate satisfies the Board that he has not had sufficient opportunity to obtain the Sirdar’s or Gas-testing Certificate, the Board may by order in writing admit him to the examination on such conditions, if any, as it thinks fit to impose.

16. Practical experience of candidates for Manager’s examinations – (1) No persons shall be admitted as a candidate at any examination for a First or Second Class Manager’s Certificate unless the Board is satisfied that he has had practical experience in a coal mine for a period of not less than five and three years respectively:

Provided that this period shall be reduced to three and two years respectively in the case of a candidate who has received a diploma or certificate in scientific and mining training after a course of study of atleast two years at an educational institution approved in that behalf by the Central Government or who has taken a degree in scientific and mining subjects of a university approved in this behalf by the Central Government.

(2) The nature of the practical experience required of a candidate for a Manager’s Certificate shall be experience approved by the Board and gained in workings belowground in one or other of the following capacities in a coal mine having an average monthly output of not less than 1000 [ tonnes].

1. as a workman, or mining apprentice having direct practical experience of getting coal and of stonework, timbering and repairing; or
2. as an underground official:

[Provided that the Board may approve a part of the period of practical experience which has been obtained in any of the aforementioned capacities in an opencast mine or in a mine other than a coal mine or in any mine which is under development, or a part of the period of the experience gained while engaged in inspection, rescue, research, planning or any other work, connected with mining operation, upto a period not exceeding one yer in case of Second Class and one and a half years in case of First Class Manager’s Certificate].

17. Practical experience of candidates for Surveyor’s examinations – No persons shall be admitted as a candidate at any examination for a Surveyor’s Certificate unless the Board is satisfied that he has had not lees than two years’ practical experience of surveying, of which atleast six months shall have been practical experience of surveying the workings belowground of a mine having an average monthly output of not less than 1000 tonnes:

Provided that such period shall be reduced to six months in the case of a candidate who has attended classes in theoretical and practical surveying at an educational institution approved in that behalf by the Central Government.

18. Practical experience of candidates for Sirdar’s and Shot-firer’s examinations – (1) No persons shall be admitted as a candidate at any examination for a Sirdar’s or a Shot’firer’s Certificate unless the Board is satisfied that he has had practical experience and training in a coal mine for a period of not less than three and two years respectively:

Provided that in the case of a candidate for Shot-firer’s Certificate, such practical experience and training shall include experience and training in connection with shot-firing or a period of atleast six months:

Provided further that such period shall be reduced to a period of one year in the case of a candidate who has received a diploma or certificate in scientific and mining training after a course of atleast two years at an educational institution approved in that behalf by the Central Government or who has taken a degree in scientific and mining subject at a university approved in this behalf by the Central Government.

(2) The nature of the practical experience required of candidates for the aforesaid examinations shall be experience of a type approved by the Board [and notwithstanding anything contained in sub-regulation (1), the Board may for the purpose approve a part of the period of practical experience, which has been obtained in a mine other than a coal mine up to a period not exceeding one year].

19. Practical experience of candidates for Engine-driver’s Certificates – No persons shall be admitted as a candidate at any examination for an Engine-driver’s Certificate unless the Board is satisfied that he has had practical experience of driving a winding engine or as an assistant to a qualified winding engine driver for a period of atleast one year:

Provided that after a period of two years after the coming into force of these Regulations no persons shall be permitted to appear at any examination for a I Class Engine-driver’s Certificate unless he holds a II Class Engine-Driver’s Certificate.

20. Fees for grant of Certificates : - (1) Fees on the following scale shall be paid in respect of every application for the grant of a certiciate :

Rs.

(a) in the case of a First Class Manager’s Certificate 100

(b) in the case of a Second Class Manager’s Certificate 75

(c) in the case of a Surveyor’s Certificate 50

(d) in the case of a Overman’s Certificate 50

(e) in the case of a Sirdar’s Certificate 30

(f) in the case of a I Class Engine-driver’s Certificate 30

(g) in the case of a II Class Engine-driver’s Certificate 25

(h) in the case of a Shot-firer’s Certificate 25

(i) in the case of Gas-testing Certificate 25

(j) in the case of a Lamp-checker’s Certificate 25

(2) Except where the candidate has dies before the examination for grant of a certificate, fee paid as aforesaid shall not be refundable].

21. Exchange Certificates – (1) The Board may grant to any person, holding a Manager’s, Surveyor’s, Engine driver’s, Foreman’s, Mate’s or Blaster’s Certificate granted under any law for the regulation of mines in force in any other country or under the Metalliferous Mines Regulations made under this Act, a corresponding certificate of a similar class under these regulations, [if he possess such experience and passes] such examination as the Board may stipulate]:

[Provided that the Board may, subject to such conditions as it may specify, exempt any person from appearing at the examination or part thereof for the grant of an Exchange Certificate.]

(2) Every application for the grant of an Exchange Certificate [under sub-regulation (1)] shall be accompanied by:

1. a medical certificate obtained not more than two years prior to the date of his application, from a qualified medical practitioner not below the rank of a Civil Assistant Surgeon or from a Certifying Surgeon certifying the candidate to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficient discharge of his duties; and
2. a certificate from some person of good repute as to the general good conduct and sobriety of the candidate:

Provided that in the case of a Manager’s Certificate, the candidate shall also satisfy the Board that he has undergone, for a period of not less than six months, a course of practical training in India in the mines and in a manner approved by the Chief Inspector for the purpose. Before the commencement of his practical training in India as aforesaid, every person shall submit to the Chief Inspector an application [in the form prescribed by the Board for the purpose in the bye-laws made under sub-regulation (4) of regulation 13]:

Provided further that the aforesaid requirement in regard to practical training may be dispensed within the case of a candidate who has had already obtained not less than six month’s practical experience approved by the Board and of the nature specified in sub-regulation (2) of Regulation 16, in a coal mine in India].

(3) Fees on the scale laid down in regulation 20 shall be paid in respect of every examination under this regulation.

22. Overman’s Service Certificate – (1) The Board may, for a period of two years after the coming into force of these regulations, grant without a written examination, an Overman’s Certificate to any persons who has attained the age of 26 years and who produces satisfactory documentary evidence of having worked in the capacity of an overman, superior to a sirdar, in coal mines for a period of not less than five yers if he passes such viva voce examination as the Board may [prescribe].

(2) Fees on the scale laid down in Regulation shall be paid in respect of every examination for the grant of a certificate under this regulations.

23. Duplicate Certificates – If any person proves to the satisfaction of the Board that he has, without any fault on his part, lost or been deprived of a certificate granted to him under these regulations, the Board may, upon realisation of the following fees, and subject to such terms and conditions as it thinks fit, cause a copy of the Certificate to be delivered to him –

(a) in the case of Manager’s or Surveyor’s Certificate Rs.5.00

(b) in the case of any other Certificate Rs.2.00

The word "DUPLICATE" shall be stamped across every such copy.

24. Certificates to be delivered to the manager – When the holder of an Overman’s, Sirdar’s, Engine driver’s, [Shot-firer’s, Gas-testing or Lamp-checker’s Certificate] is employed in a mine in a capacity which requires the possession of the said certificate, he shall deliver such certificate to the manager of the mine in which he is for the time being employed. The manager shall deliver to such person a receipt for the same; and shall retain the certificate in the office at the mine so long as the holder thereof is so employed, and shall return it to the holder on his ceasing to be so employed.

25. [ * * * * *]

[26. Suspension or cancellation of Manager’s, Surveyor’s, Overman’s, Sirdar’s, Engine-driver’s Shot-firer’s or Gas testing Certificates : - (1) If the Regional Inspector is of the opinion that the holder of a Manager’s, Surveyor’s, Overman’s, Sirdar’s, Engine-driver’s, Shot-firer’s or Gas-testing Certificate is incompetent or is guilty of negligence or misconduct in the performance of his duties under the Act or under these regulations, he shall bring the matter to the notice of the Board.

The Board may authorise in writing an Inspector, not being and not below the rank of the Inspector whose report formed the basis of the said opinion, to hold an enquiry to determine whether or not such a person (hereinafter referred to as the delinquent) is fit to continue to hold such certificate. The Board shall, before the beginning of the enquiry, furnish to the delinquent a statement of the case on which the enquiry is instituted.

(2) During such enquiry the Inspector authorised to conduct the enquiry shall be provided with all relevant documents and he shall record :

1. the evidence of any witness that formed the basis of the said opinion;
2. any evidence that the delinquent may like to give;
3. the evidence of any witness that the delinquent may like to produce;
4. the evidence of Manager of the mine; and
5. any other evidence that may be considered necessary or relevant by the Inspector conducting the enquiry.

Unless the delinquent fails to be present in spite of sufficient notice, the evidence aforesaid shall recorded in the presence of the delinquent and he shall be given a reasonable opportunity to cross-examine the witness (other than those produced by him). The Inspector conducting the enquiry also may cross-examine the delinquent and the witnesses.

(3) The Inspector who conducted the enquiry shall, within fifteen days from the date of conclusion of his enquiry, send a report to the Board together with his findings, the notes of evidence recorded during the enquiry and other relevant records.

(4) Copies of the notes of evidence and the findings of the Inspector who conducted the enquiry shall also be sent to the delinquent who may submit his written representation to the Board within thirty days from the date of despatch of such copies.

(5) The Board may, after considering the evidence and other records and the written representation, if any, submitted by the delinquent, either cause further enquiry to be made in case and thereupon, or otherwise, either exonerate the delinquent of the charges against him or suspend or cancel the certificate, as it deems fit.

(6) Against any order of the Board under this regulation, an appeal shall lie before Central Government within 30 days of the order.

(7) Where a certificate is suspended or cancelled under this regulation suitable endorsement may be made on such certificate or a duplicate thereof issued under regulation 23.]

27. Validity of an Overman’s, Sirdar’s, Engine-Driver’s, Shot-firer’s and Gas-testing Certificate – (1)(a) No Overman’s, Sirdar’s, Engine-driver’s or Shot-firer’s [Lamp checker’s] and Gas-testing Certificate shall remain valid for a period of more than five years unless the certificate bears an endorsement by the Regional Inspector to the effect that the holder thereof has within the preceding five years, been examined and certified by a qualified medical practitioner appointed by the Chief Inspector to be free from deafness, defective vision or any other infirmity, mental or physical, likely to interfere with the efficient discharge of his duties.

1. An application in respect of an examination in pursuance of clause (a) shall be made to the Chief Inspector accompanied by a fee of [Fifteen rupees] ….

[(2)(a) A medical examination undergone in accordance with rule 29B of the Mines Rules, 1955 shall also be deemed to be an examination for the purpose of sub-regulation (1).

(b) The application for endorsement on a certificate by the Regional Inspector shall be accompanied by the certificate of fitness granted in terms of rule 29B of the Mines Rules, 1955 and a fee of five rupees].

28. Retirement age for managers and officials, etc – (1) No person shall act as a manager or an official or a shot-firer or a winding engineman in a mine after attaining the age of 60 years unless he has obtained, within the preceding one year, a medical certificate of fitness certifying him fit to carry out the duties prescribed for him in the Act and in these regulations and orders made thereunder:

Provided that if the Chief Inspector or the Regional Inspector is of the opinion that a person as aforesaid, though less than 60 years of age, is medically unfit to carry on the duties prescribed for him in the Act and in the regulations, and orders made thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing, require such persons to obtain a medical certificate of fitness within such period, not exceeding three months, as he may specify therein; and no such persons shall continue to act in any capacity as aforesaid after the period so specified unless he has obtained a medical certificate of fitness.

(2) The medical certificate of fitness as aforesaid shall be obtained from such authority and in such manner as the Board may specify.

[28(A). Right of the workers’ representative to inspect the register maintained under the Mines Rules, 1955 – The register maintained in Form "B" under the Mines Rules, 1955 shall be available for inspection to a workers representative authorised by the persons employed in the mine on an application made by him in this behalf.

29. Qualifications of Inspectors – (1) After the coming into force of these regulations, no new person shall be appointed as Chief Inspector unless he holds a degree or diploma in mining engineer of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under these regulations.

(2) After the coming into of these regulations, no person shall be appointed as in Inspector unless he holds a degree or diploma in mining engineering of an educational institution approved by the Central Government and also a First Class Manager’s Certificate granted under these regulations:

Provided that –

1. in relation to electrical machinery installed in mines, a persons holding a degree or diploma in electrical engineering of an educational institution approved by the Central Government may be so appointed;
2. in relation to other machinery or mechanical appliances installed in mines, a person holding a degree or diploma in mechanical engineering of an educational institution approved by the Central Government may be so appointed; and
3. in relation to the provisions of the Act and of the regulations which relate to matters concerning the health and welfare of persons, a person holding a degree or diploma in medicine, surgery, social science or labour welfare, as the case may be, of an educational institution approved by the Central Government may approve in this behalf] may be so appointed.

[30. Definition – For the purpose of these regulations –

1. all excavations within the mine boundary and all premises, plants, machinery and works as specified in clause (j) of sub-section (1) of section 2 of the Act shall collectively constitute the mine;
2. the expression, "average output" of any mine, means the average per month during the preceding financial year of the total output from all excavations within the specified mine boundaries.

Explanation – For the purpose of this clause, the expression "financial year" means a period of twelve months from the first day of April to the last day of March].

31. Qualifications and appointment of managers – (1)(a) No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly appointed and having such qualifications as are required by these regulations.

2. No person shall act or be employed as a manager unless he is 23 years of age and is paid by, and is directly answerable to, the owner or agent of the mine.

(2) Except as hereinafter provided in sub-regulation (6), and subject to the provisions of sub-regulation (3), no person shall act or continue to act, or be appointed, as manager of a mine or mines the average output of which corresponds to the figures given in column (I) of the table below unless he holds the corresponding qualifications given in column (ii) thereof :

Provided that where special conditions exist, the Chief Inspector may, by an order in writing, direct that in the case of any such mine as is referred to in clause (b) of the table, the manager thereof shall be the holder of a First Class Manager’s Certificte, and that in the case of any such mine as is referred to in clause (c) of the table, the manager thereof shall be the holder of a First or Second Class Manager’s Certificate:

[ * * * * * ]

(3) Where under the provisions of sub-regulation (2) [* * *] a person holding a First or Second Class Manager’s Certificate has been appointed as manager, a person holding lower qualifications shall not, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be so appointed during the succeeding twelve months, notwithstanding any reduction in the average output of the mine.

(4) No person shall act, or be appointed, as manager of more than one mine except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. No such permission shall have effect for a period exceeding 12 months, unless renewed. The Chief Inspector may at any time, by an order in writing, vary or revoke any such permission in the circumstances under which the permission was granted have altered or the Chief Inspector finds that the manager has not been able to exercise effective supervision in the mines under his charge.

(5)(a) The Chief Inspector may, after holding such examination as he may deem necessary and subject to such conditions as he may specify therein grant to any person holding an Overman’s Certificate, a permit (in these regulations referred to as Manager’s Permit) authorised such person to act as the manager of any specified mine, the average output of which does not exceed 600 tons.

2. A Manager’s Permit shall be valid only for such period, not exceeding 12 months as may be specified therein. The Chief Inspector may renew any Manager’s Permit for further periods not exceeding 12 months at a time.
3. A fee of Rs.10 shall be payable in respect of every application for the grant of a Manager’s Permit. No fee shall be charged for renewal thereof.
4. The Chief Inspector may, by an order in writing, after giving the holder of such permit an opportunity to make his representation, cancel a Manager’s Permit.

(6) The Chief Inspector may, by an order in writing, and subject to such conditions as he may specify therein, authorise any person whom he considers competent, being appointed to act as manager of any mine or mines for a specified period, notwithstanding that such person does not possess the qualifications prescribed in that behalf by sub-regulation (2); and may by a like order revoke any such authority at any time.

(7)(a) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder, the owner, agent or manager shall authorise in writing a person whom he considers competent to act as manager of the mine:

Provided that –

1. such person holds a Manager’s or Overman’s Certificate;
2. no such authorisation shall have effect for a period in excess of 30 days, except with the previous consent in writing of the Chief Inspector and subject to such conditions as he may specify therein;
3. the owner, agent or manager, as the case may be, shall forthwith send by registered post to the Chief Inspector and the Regional Inspector a written notice intimating that such an authorisation has been made, and stating the reason for the authorisation, the qualifications and experience of the person authorised, and the date of the commencement and ending of the authorisation; and
4. the Chief Inspector or the Regional Inspector may, except in the case of a persons possessing the qualifications specified in sub-regulation (2), by an order in writing, revoke any authority so granted.

2. The persons so authorised shall, during the period of such authorisation, have the same responsibilities discharge the same duties, and be subject to the same liabilities as the manager.

(8)(a) No manager shall vacate his office without giving due notice in writing to the owner or agent at least 30 days before the day on which he wishes to vacate his office:

Provided that the owner or agent may permit the manager to vacate his office after giving a shorter notice.

2. No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved by a duly qualified person as prescribed under sub-regulation (2).
3. Nothing in sub-regulation (7) shall confer on the owner, agent or manager the right to authorise during any period of such notice, any person not duly qualified to manager the mine under sub-regulation (2), to act as the manager except in case of illness or other causes over which the manager has no control, or except with the previous written permission of the Chief Inspector and subject to such conditions as he may specify therein:

Provided that the Chief Inspector shall not permit any such authorisation for a period exceeding 60 days from the date on which the mine is worked without a manager duly qualified under sub-regulation (2).

4. A copy of every such notice and authorisation shall forthwith be sent to the Chief Inspector and to the Regional Inspector by registered post.

(9)(a) The owner or agent shall provide suitable residential accommodation for the manager and the under-manager or assistant manager within a distance of [five Kilometers] from all mine openings; and every manager, under manager and assistant manager shall reside in the accommodation so provided:

Provided that where special difficulties exist which render compliance with these provisions not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the same.

2. No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any work, which will necessitate his frequent or prolonged absence from the mine.

1. If any doubt arises as to any matter referred to in the foregoing clauses of this sub-regulation, it shall be referred to the Chief Inspector for decision.

(10) No manager shall act as agent or undermanager or assistant manager or in any other supervisory capacity in another mine,

[31-A. Qualifications and appointment of Safety Officers – In every mine the average monthly output of which exceeds 5,000 tonnes, the manager shall be assisted in the work of promoting safe practices in the mine by a Safety Officer who shall be a person holding the following qualifications:

1. in the case of a mine having an average monthly output in excess of 15,000 tonnes, a First Class Manager’s Certificate;
2. in the case of mine having an average monthly output in excess of 10,000 tonnes, but not exceeding 15,000 tonnes a First or Second Class Manager’s Certificate;
3. in the case of a mine having an average, monthly output in excess of 5,000 tonnes but not exceeding 10,000 tonnes, a First or Second Class Manager’s Certificate or a degree or diploma in Mining or Mining Engineering approved for the purpose of the proviso to sub-regulation (1) of regulation 16 * * * *

Provided that where special conditions exist, the Chief Inspector may by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of a Safety Officer in variation of these provisions:

Provided further that where the Chief Inspector is of the opinion that, due to the large size of a mine, or due to other conditions existing at a mine, it is not possible for the Safety Officer to attend to his duties by himself, he may, by an order in writing and for reasons to be recorded therein, require the appointment of such number of persons holding such qualifications as he may specify in the order, to assist the Safety Officer].

32. Appointment of undermanagers or assistant managers – In every mine the average output of which exceeds 7,000 [tonnes], the manager shall be assisted by undermanagers or assistant managers on the following scale:

Provided that in a mine where the average output exceeds 20,000 [tonnes], at least one of the undermanagers or assistant managers as aforesaid shall hold a First Class Manager’s Certificate:

Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of undermanagers or assistant managers in variation with these provisions.

[32-A. Qualifications and appointment of ventilation officer; - In every mine consisting of gassy seams of first degree, the average output of which exceeds 5,000 tonnes or of second or third degree the average output of which exceeds 2,500 tonnes, the manager shall be assisted in the work of supervising the maintenance of the ventilation system of the mine in accordance with the provisions of these regulations by a ventilation officer who shall be a person holding the following qualifications:

1. in the case of a mine consisting of gassy seams of first degree and having an average output in excess of 15,000 tonnes or a mine consisting of gassy seams of second or third degree and having an average output in excess of 10,000 tonnes, a Manager’s Certificate; and
2. in every other case, a Manager’s Certificate or a Degree, Diploma or Certificate in Mining or Mining Engineering approved for the purpose of the proviso to sub-regulation (1) of regulation 16:

Provided that, where special conditions exist, the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of a ventilation officer in variance of these provisions or require the appointment of such number of persons to assist the ventilation officer, as may be specified in the order:

Provided further that, in the case of a mine consisting of gassy seams of first degree and having an average output less than 15,000 tonnes, the Regional Inspector may, considering the nature and extent of working therein, permit, by an order in writing and subject to such conditions as he may specify therein combining of the post of ventilation officer with that of safety officer appointed under Regulation 31A.

Explanation : For the purpose of this regulation the expression "average output" means the average per month of the total output during the preceding financial year from the belowground workings of all seams. Where the mine consists of gassy seams of different degrees, the aforementioned average output shall be deemed to be from the seam or seams of the highest degree of gassiness].

32. Appointment of engineers – (1) At every mine where machinery is used, an engineer or other competent person not less than 23 years of age shall be appointed to hold general charge of such machinery, and to be responsible for its installation, maintenance and safe working. A notice of every such appointment, giving the name and full particulars of the qualifications and experience of the person so appointed, shall be sent to the Regional Inspector within seven days of such appointment :

[ * * * * * *]

[(1A) After such date as the Central Government may notify in this behalf in the Official Gazette, no person shall, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be appointed or shall contiinue to act as an engineer or competent person as referred to in sub-regulation (1) of a mine of the type mentioned in column (1) of the table below unless he holds the corresponding qualifications mentioned in column (2) thereof:

[Provided that, if the Central Government may notify in this behalf in the Official Gazette, no person shall, except with the previous permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be appointed or shall continue to act as an engineer or competent person as referred to in sub-regulation (1) of a mine of the type mentioned in column (1) of the table below unless he holds the corresponding qualifications mentioned in column (2) thereof:

[Provided that, if the Central Government is of the opinion that any other qualification is of a satisfactory standard for the purposes of this sub-regulation, it may, by notification in the Official Gazette, approve the said qualification, subject to such conditions as it may think fit to impose in each case].

TABLE

Explanation – For the purpose of this sub-regulation the experience in the installation and maintenance of any mining machinery means such experience obtained in mines or mine workshops approved in this behalf by the Chief Inspector.

(1B) Notwithstanding anything contained in sub-regulation (1A) the Chief Inspector may, by order in writing, specify any qualification in addition to those referred to, in that sub-regulation in respect of a mine or class of mines, if having regard to the conditions obtaining in such mine or class of mines, he is satisfied that it is necessary to do so in the interests of safety].

(2) No person shall undertake the duties of an engineer of more than one mine without the previous permission in writing of the Regional Inspector and subject to such conditions as he may specify therein. The Regional Inspector may at any time, by an order in writing, vary or revoke such permission.

3. Where by reason of temporary absence by any cause, the engineer, or competent person appointed under sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he considers competent to act in his place:

Provided that –

1. notice of every such authorisation shall be sent to the Regional Inspector forthwith;
2. no such authorisation shall have effect for a period in excess of 30 days except with the previous written consent of the Regional Inspector and subject to such conditions as he may specify therein; and
3. the Regional Inspector may by an order in writing, revoke any authority so granted.

32. Appointment and qualifications of senior officials – (1) At every mine, one or more overman shall be appointed to hold charge of the different districts of the mine on each working shift.

[(1A) The district assigned to an overman under sub-regulation (1) shall not be of such a size, nor shall any additional duties other than his duties under these regulations be such, as are likely to prevent him from varying out in a thorough manner the duties prescribed for him under these regulations and in case any doubt arises as to the foregoing duties it shall be referred to the Chief Inspector for decision].

(2) Every person employed as an official subordinate to the manager and superior to the Sirdar shall hold either a Manager’s Certificate or an Overman’s Certificate.

[35. Appointment of surveyors – (1) At every mine, one or more persons not less than 23 years of age and holding a Surveyor’s Certificate shall be appointed to be the Surveyor for carrying out the surveys and levellings and for preparing the plans and sections required under the Act or the regulations, or orders made thereunder.

(2)(a) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same mine, without the previous permission in writing of the Regional Inspector and subject to such conditions as may be specified therein:

Provided that such permission may be granted only when the average monthly output of the mine does not exceed 2,500 tonnes.

2. The Regional Inspector may at any time by an order in writing, revoke the permission granted under clause (a).

(3)(a) The number of surveyors required to be appointed shall be on the following scale namely:

Provided that for calculating the output of the mine only half of the output in the mine obtained from the depillaring operations or from the opencast workings shall be taken into consideration.

(b) Notwithstanding anything contained in this regulation, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or require the appointment of surveyors in variation of these provisions depending upon the conditions prevailing in the mines.

3. If a mine has more than one surveyor each shall carry the duties and the responsibilities of the surveyor for the part or section of the mine to be assigned in writing by the owner, agent or manager:

Provided that the owner, agent or manager shall appoint one of the surveyors to be responsible for the preparation and maintenance of the plans required to be prepared and maintained under these regulations who shall also be responsible for co-ordination and overall supervision of survey work in the mine].

32. Appointment of Officials and competent persons – (1)(a) The owner, agent or manager shall appoint such number of competent persons, including officials and technicians as is sufficient to secure, during each of the working shifts –

1. adequate inspection of the mine and the equipment thereof;
2. a thorough supervision of all operations in the mine;
3. the installation, running and maintenance, in safe working order, of all machinery in the mine; and
4. the enforcement of the requirements of the Act and these regulations.

(b) Without prejudice to the requirement of clause (a), where the mine is worked on more than one shift, the owner, agent or the managers shall arrange that during the afternoon shift and the night shift, the mine is under the general supervision or an undermanager or assistant manager, if any, and of an experienced overman in other cases.

(2) It shall be the responsibility of the manager to see that the persons so appointed are competent to perform the duties assigned to them. No person shall be so appointed unless he is paid by the owner or agent and is answerable to the manager.

(3) Copies of all appointments made under sub-regulation (1) shall be entered in a bound-paged book kept for the purpose. A list of all such competent persons shall also be maintained.

(4) Without prejudice to the requirements of sub-regulation (2), every manager on taking over charge of a mine, shall satisfy himself that all persons already appointed under sub-regulation (1) are competent to perform the duties assigned to them; and if he finds them competent, he shall either countersign their authorisations or issue fresh ones.

37. General Management – (1) The owner, agent and manager shall provide for the safety and proper discipline of persons employed in the mine.

(2) Except in a case of emergency, no person who is not an official or a competent persons shall give, otherwise that through the manager, instructions to a person employed in a mine, who is responsible to the manager.

38. Duties of persons employed in mines – (1)(a) Every person shall strictly adhere to the provisions of the Act and of the regulations and orders made thereunder, and to any order or direction issued by the manager or an official with a view to the safety or convenience of persons not being inconsistent with the Act and these regulations; nor shall be neglect or refuse to obey such order or directions.

(b) No persons shall interfere with, impede or obstruct any person in the discharge of his duties, nor shall he offer or render any service, or use any threat, to any other person with a view to preventing him from complying with the provisions of the Act and of the regulations, and orders made thereunder or from performing his duties faithfully. If any person who receives any such offer or threat, fails to inform the manager forthwith, he shall also be guilty of a breach of these regulations.

(2) Every person shall, immediately before proceeding to work and immediately after terminating work at the end of his shift, have his name recorded in the register maintained under section 48(4) of the Act. In case of workings belowground, he shall get his name recorded every time he proceeds belowground or returns to the surface.

(3)(a) No person shall, except with the authority of an official, remove or pass through any fence, barrier or gate, or remove or pass any danger signal.

(b) Subject to any directions that may be given by an official, no person shall, except for some justifiable purpose, go into any part of the mine other than that part in which he works, or travels to or from his working place by any roadway other than the proper travelling roadway.

(4) No person shall, while on duty, throw any stone or other missile with intent to cause injury, or fight or behave in a violent manner.

(5) Every person receiving any injury in the course of his duty shall, as soon as possible report the same to an official who shall arrange for the necessary first-aid to the injured person.

(6) No person shall sleep whilst on duty.

(7)(a) No person shall test for inflammable gas with a naked lamp, or brush or waft out inflammable gas. Should any person having a flame safety lamp find himself in the presence of inflammable gas, he shall not throw the lamp away or attempt to blow it out; but shall shelter it, hold it near the floor, avoid jerking it, and take it steadily into fresh air. Where the cannot take it into fresh air, he shall smother out the light or extinguish it in water.

[(b) No person unless qualified for the purpose shall try to examine or examine for the presence of inflammable gas and during every such examination particular attention shall be paid to check the presence of inflammable gas in a layer near the roof].

2. Every person using a safety lamp shall take proper care of it and shall not place it within 0.60 metre of the swing of any tool except in the case of a lamp which is actually worn, attached to the body of such person. In the case of a flame safety lamp he shall not place it on the floor unless it is necessary to do so for the safe performance of any particular work; and is the lamp becomes damaged, he shall at once carefully lower the flame until it is extinguished, and shall, at the first opportunity, report the damage to his superior official.

(8) Subject to the provisions of the Act and of these regulations and orders made thereunder, no person shall remain in a mine beyond the period over which his shift extends.

39. Duties of competent persons – Every competent person shall be subject to orders of superior officials, and shall not –

1. depute another person to perform his work without the sanction of his superior official;
2. absent himself without having previously obtained permission from such official for the term of his absence or without having been relieved by a duty competent person; and
3. without permission from such official, perform during his shift any duties other than those for which he has been appointed.

40. Duties of officials – (1) Every official shall carry out the duties assigned to him by the manager, under-manager or assistant manager in accordance with the provisions of the Act and of the regulations and orders made thereunder.

(2) Every official shall, to the best of his power, see that persons under his charge understand and carry out their respective duties properly.

41. Duties and responsibilities of managers – (1)(a) In every mine daily personal supervision shall be exercised by the manager; and in case of workings belowground, he shall visit and examine the workings belowground on at least four days in every week to see that safety in every respect is ensured. Of these inspections one at least in every fortnight shall be made during the night shift :

Provided that when owing to any unavoidable cause he is unable to carry out the aforesaid duties or inspections, he shall record the reason for the same in the book kept under clause (b).

(b) The manager, the undermanager and the assistant manager, if any, shall each maintain, in a bound paged book kept for the purpose, a diary; and shall record therein the result of each of his inspections and also the action taken by him to rectify the defects noticed, if any.

(2) The manager shall make arrangements for all overmen and other officials to meet him or an undermanager, or assistant manager once in every working day for the purpose of conferring on matters connected with their duties.

(3)(a) The manager shall see that a sufficient supply of proper materials and appliances for the purpose of carrying out the provisions of the Act and of the regulations or orders made thereunder and for ensuring the safety of the mine and the persons employed therein, is always provided at the mine; and if he be not the owner or agent of the mine, he shall report in writing to the owner or agent when anything is required for the aforesaid purpose, that is not within the scope of his authority to order. A copy of every such report shall be rcorded in a bound-paged book kept for the purpose.

(b) On receipt of a requisition under clause (a) the owner or agent shall promptly arrange to supply the said materials and appliances, and shall within three days of receipt of the requisition, intimate to the manager in writing the action taken to meet the requisition.

(4) The manager shall assign to every competent his particular duties, shall on his appointment make over to him a copy of the regulations, rules and bye-laws and of any orders made thereunder which affect him, and shall take all possible steps to ensure that every such person understands, carries out and enforces the provisions therein contained in a proper manner.

(5) The manager shall provide every overman with a tracing, upto the date of the last survey, showing the workings of the district belowground assigned to him. Where any work of reduction or extraction of pillars is being carried out, such tracing shall show clearly the order in which such reduction or extraction is to be carried out.

(6) The manager shall examine all reports, registers and other records required to be made or kept in pursuance of the Act or of the regulations, or orders made threunder, and shall countersign the same and date his signature. He may, however, by an order in writing, delegate this duty an undermanager or assistant manager except in cases where a specific provision is made requiring the manager to countersign a report or register.

(7) The manager shall give attention to, and cause to be carefully investigated, any specific representation or complaint that may be made to him in writing by an employee of the mine as to any matter affecting the safety or health of eprsons in or about the mine.

(8) When any accident, resulting in serious bodily injury to any person or in loss of life, occurs in a mine, the manager shall inspect the site of accident as soon as possible, and shall also either himself or through an undermanager or assistant manager, have an inquiry made into the cause of and circumstances attending the accident. The result of every such enquiry and a plan [and sections and wherever practicable a photograph or photographs of the site of the accident showing details shall be recorded in a bound paged book kept for the purpose and copy thereof shall be furnished to the Chief Inspector and Regional Inspector within fifteen days of the accident].

(9) The manager shall perform such other duties as have been prescribed in that behalf under the Act, the regulations, or orders made thereunder.

(10) The manger may suspend or take such disciplinary action against any employee for contravention of any of the provisions of the Act, these regulations or orders made thereunder.

[41. Duties of Safety Officers – (1) The duties of the Safety Officer shall be :

(a)(I) to visit surface and underground parts of the mine with a view to meeting the workers on the spot to talk to them on matters of safety, inviting suggestions thereon;

(ii) to take charge of the newly recrited staff and show them around the mine pointing out the safe and unsafe acts during the course of their work in the mine;

(b)(i) to investigate all types of accidents and incidents in the mine including minor accidents; to analyse the same with a view to pinpointing the nature and common cause of accidents in the mine;

(ii) to maintain detailed statistics about mine accidents and to analyse the same with a view to pinpointing the nature and common causes of the accidents in the mine;

(iii) to study and apprise the manager of all possible sources of danger such as inundation, fire, coal dust and others;

(c)(i) to hold safety classes and give safety talks and lectures to the members fo the supervisory staff;

(ii) to organise safety weeks and other safety education and propaganda in mine;

(d) to see that all concerned mine employees are fully conversant with various standing orders (such as those relating to stoppage of mine mechanical ventilators and to the occurrence of a fire or other emergency in the mine) and Systematic Timbering Rules;

(e) to provide assistance in the formulation of programme for training at the mine level; including vocational training, training in gas-testing, and training in First Aid;

(f) to report to the manger as a result of his visits to the various arts of the mine, as to whether the provisions of the Mines Act, Regulations and Rules made thereunder are being complied with in the mine;

(g) to promote safety practices generally and to lend active support to all measures intended for furthering the cause of safety in the mine; and

(h) to assist the manager in any other matter relating to safety in the mine.

(2) [Except in an emergency no duties other than those specified above shell be assigned to the Safety Officer and whenever] any duties other than those specified above are assigned to the Safety Officer by the manager, a written notice thereof shall be sent to the Regional Inspector within three days of such assignment.

(3) The Safety Officer shall maintain in a bound paged book a detailed record of the work performed by him every day].

42. Duties and responsibilities of undermanager or assistant mangers – (1) The undermanager or assistant manager shall carry out the duties assigned to him by the manager, and shall see that in the part of the mine assigned to him by the manager, all work is carried out in accordance with the provisions of the act and of the regulations and orders made thereunder.

(2) The undermanager or assistant manager shall, subject to the orders of the manager, visit and examine the workings under his charge, or part thereof, on every working day.

(3) The undermanager or assistant manager shall, from time to time, carefully examine every travelable part of the mine or part thereof placed under his charge, whether frequented by workpersons or not.

(4) In the absence of the manager, the undermanager or assistant manager shall have the same responsibility, discharge the same duties and be subject to the same liabilities as the manager, but not so as to exempt the manager therefrom.

[42A. Duties of Ventilation Officer – The Ventilation Officer shall –

(a)(i) ensure the observances of all regulations and orders concerning ventilation, gas and coal dust including dust suppression and shall advise the manager if any alteration is required in the ventilation system to ensure adequacy of ventilation in compliance with the regulations or orders;

(ii) advise the manager on day to day problems of ventilation, gas and coal dust;

(iii) maintain close liaison with the undermanagers and other supervisory staff, and assist them in their day-to-day ventilation problems;

(b)(i) carry out ventilation surveys of the mine and undertake any other special work relating thereto as may be directed by the manager from time to time;

(ii) take such steps as are necessary to ensure compliance with the ventilation standards required in terms of these regulations or otherwise;

(c)(i) check the speed of the main mechanical ventilator, amperage drawn by its electric motor, and fan drift water gauge at least once in a day. Any unusual change in the water gauge shall be investigated by him and reported to the manager;

(ii) determine the efficiency of the main mechanical ventilator once at least in every three months and get the fan blades and the fan drift cleaned when necessary;

(iii) ensure that copies of standing orders in the event of stoppage of the main mechanical ventilator are posted at conspicuous places at the mine, and see that the person concerned understand the instructions contained therein;

(d) ensure the correct siting and installation of auxiliary and booster fans underground;

(e) examine at frequent intervals all ventilation appliances like doors, brattices, air crossings, regulators, stoppings, booster and auxiliary fans, ventilation ductings and other devices of ventilation control in the mine and report any defect in the same to the manager. He shall take necessary steps to stop any leakage through such devices and see that the ventilation appliances are maintained in good order;

(f) see that sufficient quantity of good air is coursed into all working places and reaches all other workings belowground. For this purpose, he shall, as may be required by regulations, otherwise –

1. see that the ventilation stoppings and brattices etc. are constructed as per specifications and are kept extended sufficiently;
2. see that mesurements of air quantity, temperature and humidity are regularly taken as prescribed and bring up-to-date the entries on the checkboards provided at each air measurement station;
3. determine the Ventilation Efficiency Quotient;
4. see that mine air samples are properly collected at the appointed time and place, and analysed within four days of taking thereof; and
5. make observations for inflammable gas;

(g)(i) maintain separate tracing of the ventilation, rescue, stone dusting and the dust sampling plans and bring them up-to-date;

(ii) bring to the notice of surveyor any changes in the ventilation system or ventilation appliances and shall see that all old markings on the ventilation and rescue plans are corrected and new ventilation circuits are shown forthwith;

(h) regularly check the barometer provided at the mine. Any unusual change in barometer pressure shall be reported by him to the manger;

(i) take care of the instruments and apparatus used by him or placed under his charge for the discharge of his duties;

(j) be conversant with the wider practical aspects of pit ventilation such as effects of leakage on the distribution of air in ventilation districts, varying rates of emission of methane and possibility of occurrence of gas outbursts, effects of approaching geological disturbances, methane layering and its removal, sealed off areas and effects of drop in barometric pressure etc.

(k) regularly visit returns of working districts and old workings including fire stoppings, if necessary, for symptoms of spontaneous heatings and fire, report to the manager forthwith any such symptoms observed by him and shall himself take such steps as may be immediately necessary for the safety of the workers;

(l) check the fire fighting measures and taken necessary steps by regular rehearsals to ensure that all fire fighting equipments are maintained in working order and the concerned staff are fit and conversant with their duties in the event of a fire in the mine;

(m) (i) take necessary steps for proper cleaning, treatment and suppression of coal dust in the mine and see that the arrangements for wetcutting at the faces and water spraying at and within 90 metres of the working places are properly installed and function satisfactorily;

(ii) see that the stone dust barriers are correctly sited, properly constructed and maintained in accordance with the statutory requirements or otherwise; and bring the entries on the check boards up-to-date from time to time;

(iii) see that samples of mine roadway dust and of airborne dust samples (if required by the manager) are regularly taken in the prescribed manner;

(n) collect air samples from sealed off areas, exhaust gases from diesel vehicles and from such other places as may be required by the manager;

(o) see that all records and reports relating to ventilation and coal dust are kept up-to-date and entries are made regularly in the checkboards for ventilation and stone dust barriers:

Provided that nothing contained above shall exempt the manager, assistant manager, surveyor, overman, sirdar or any other competent person concerned, from any corresponding duties and responsibilities prescribed for them in these regulations or any orders made thereunder; and

(p) assist the manager in any matter relating to the ventilation of the mine.

(3) The Ventilation Officer shall maintain, in a bound paged book, a detailed record of the work performed by him every day].

43. Duties and responsibilities of overman – The overman shall strictly observe the following provisions, namely –

1. (a) Subject to the orders of superior officials, he shall have responsible charge and control of such part of the mine, and shall carry out such duties, as may be assigned to him by the manager.

2. He shall, while on duty, carry a tracing of the workings of such district and shall keep the tracing up-to-date.
3. He shall, in his district, make the inspections and reports required by these regulations.
4. He shall be responsible to see that the subordinate officials and competent persons in his district carry out their respective duties in a proper manner.
5. He shall, to the best of his power, enforce in his district the provisions of the Act, of these regulations and orders made thereunder, and shall, subject to the control of the manager and the undermanager, assistant manager, if any, give such directions as may be necessary to ensure compliance with those provisions, and to secure the safety of the district and the safety and proper discipline of the persons employed therein.

1. He shall see that sufficient supplies of timber brattice and other necessaries required for the safe working of his district are kept in convenient places therein.
2. (a) He shall see that every air-crossing, stopping, door, brattice and other ventilation device is maintained in good order.

(b) He shall, in his district, see that the ventilation is effective; and when brattices or air pipes are required to be used for the ventilation of the working places, he shall seee that they are kept sufficiently advance to ensure that an adequate amount of air reaches every such working place.

(c) He shall have power to send out of the mine any person under his charge infringing or attempting to infringe any provision of the Act or of the regulations or orders made thereunder, or failing to carry out any direction given with regard to safety; and shall report in writing any such infringement or attempted infringement or failure to the manager.

(4)(a) He shall see that all tracks and tramlines are properly laid, graded, ballasted or otherwise packed.

(b) He shall see that the manholes on the haulage roadways are kept safe, clear of any obstruction, and properly white-washed.

(c) He shall see that the stop-blocks, runway switches and other safety devices are fixed and used as required under the regulations, that drag or back-stays are provided and regularly used behind tubs ascending declines and that a sufficient supply of suitable sprags is provided where tubs are loaded on a gradient or lowered down a gradient by hand.

(d) He shall, if he finds any of the ropes, chains, signals, brakes, jig wheels and post or other apparatus in use in his district to be in an unsafe condition, stop the use of the same forthwith.

(5) He shall be responsible to see that except for the purpose of inspection, examination and repairs every person other than an official or a haulage attendant travels by the travelling roadway.

(6) He shall give prompt attention to the removal of any danger observed or reported to him, and shall see that dangerous places are adequately fenced off.]

(7) He shall, under the direction of the manager, see that approved safety lamps are used and naked lights excluded wherever and whenever danger from inflammable gas is apprehended.

(8)(a) He shall devote the whole of his time to his duties and shall visit each working place in his district as often as may be necessary or possible.

(b) He shall not, except for justifiable cause, leave the district in his charge until he had finished the inspections required under these regulations and any other duties that he is required to perform, or until relieved by a duly appointed substitute.

(c) He shall, if the mine is working in a continuous succession of shifts, confer with the official succeeding him and give him such information as may be necessary for the safety of his district and of persons employed therein.

(9) He shall, at the end of his shift, record in a bound-paged book kept for the purpose a general report on the performance of all his duties during the shift, including anything concerning the proper working of the mine and the safety and discipline of persons employed in his district.

44. Duties and responsibilities of Sirdars – The Sirdar or other competent person appointed under regulation 113 shall strictly observe the following provisions, namely –

(1)(a) Subject to orders of superior officials, he shall have responsible charge and control of the district of the mine assigned to him by the manager or the under-manager or assistant manager.

(b) He shall take reasonable means to ensure the proper observance of the requirements of the Act and of the regulations, and orders made thereunder by persons under his charge and shall, as soon as practicable, report any contravention thereof to his superior official.

(2)(a) He shall make such inspection and reports as are required by these regulations, and in making such examination, he shall pay particular attention to edges of the goaf, if any, for checking supports and for presence of gas.

(b) Except in the case of a mine working in a continuous succession of shifts, he shall, on completion of the first inspection of the district, proceed to the station appointed under regulation 113 and instruct all persons as to their places of work and as to any special precautions necessary to be observed by them.

(c) If he finds any person in aplace other than the one assigned to him, he may order such person out of the mine, and shall forthwith report the matter to his superior official.

(d) He shall ensure that no inexperienced person is employed on any work except under the supervision of an experienced person.

(3)(a) He shall see that the roof and sides of all travelling roadways to, and working places in, his district are made and kept secure.

(b) Where the height of any working place in the district in his charge measures from floor to roof exceeds three metres, he shall see that they are kept at convenient places in the district-

1. a suitable wooden bunton or pole by which all parts of the roof may be effectively tested by a person standing on the floor. Except in a district to which regulation 144 applies, the bunton shall be shod with iron at one end; and
2. a ladder of suitable length.

(c) He shall report to his superior official any deficiency in timber, appliances and other necessaries required for the safe working of the district.

(4) Where either of the two ways affording means of egress from the district to the surface is not ordinarily used for travelling, he shall travel, once at least in every seven days, the whole of such way in order to make himself thoroughly acquainted with the same.

(5) He shall see that no timber support is withdrawn except by means of a safety prop-withdrawer.

(6)(a) If he observes any dangerous place during the course of his inspections or if any danger at a place where workpersons are employed is reported to him, he shall, if the danger cannot be removed forthwith withdraw all persons from such place and shall not leave the place until the danger has been removed in his presence or all approaches to the place have been fenced off so as to prevent persons from inadvertently entering such place.

(b) He shall take care that any dangerous operation is carried out with due precaution, and in such cases shall be present throughout whenever any work of clearing falls of ground and setting of supports therein is being carried out.

(c) He shall cause the entrance to every place which is not in actual use or in course of working or extension, to be fenced across the whole width, so as to prevent persons from inadvertently entering such place.

(d) If he finds any accumulation of inflammable or noxious gases, he shall carry out the provisions of regulations 142 and shall not remove such accumulation until he has received instructions in that behalf from his superior official.

(7) He shall, on receipt of information of an accident to any person in his district, proceed at once to the place of accident, inspect the place and, if reuqired, supervise the rescue operations, and shall report or send notice of the accident to the manager or undermanager or assistant manager.

(8)(a) He shall devote the whole of his time to his duties, and shall not leave the mine until the end of the shift or until relieved by a duly appointed substitute.

(b) If the mine is worked by a continuous succession of shifts, he shall, before leaving his district, confer with the sirdar or competent person succeeding him, and shall acquaint him with all matters requiring his personal attention and give him such other information as may be necessary for the safety of his district and of the persons employed therein.

45. Duties and responsibilities of shotfirers – The shotfirers shall –

1. carry out his duties in accordance with the provisions of the regulations and of any orders made thereunder with respect to the transport and use of explosives;
2. be responsible for the observance by his assistants, if any, of such provisions and of any direction with a view to safety which may be given to them by a superior official;
3. not hand over any explosives to any unauthorised person;
4. see that clay, sand or other suitable stemming material is available in sufficient quantities at convenient places;
5. be present when shots are being charged and stemmed; and shall himself fire the shots; and
6. be responsible, when a shot has misfired, for seeing that the place is adequately fenced, and that the provisions of regulations 177 are strictly observed.

46. Details of timberman – The timberman shall carry out the orders of the manager, undermanager or assistant manager, overman, sirdar or other competent person with respect to the securing of roof and sides. He shall at once report to the sirdar or other competent person any shortage of timber in his district. He shall also be responsible to see that woodcuttings are not left in any working belowground.

47. Duties of attendants of main mechanical ventilators – The person in charge of the main mechanical ventilator shall –

1. keep the ventilator running at the speed fixed by the manager;
2. examine the machinery and observe the pressure-recorded or water gauge and the speed-indicator at intervals of not more than one hour, and shall, enter the readings of the indicator in a bound-paged book kept for the purpose at the fan-house;
3. immediately report to his superior official any stoppage of, damage to, or defect or darangement in the machinery, or any unusual variation in the water-gauge or other indicators; shall also immediately report to him any unusual circumstances in regard to mine ventilation which may come to his notice; and
4. where the ventilator is continuously operated, shall not leave his post until received by a duly appointed substitute.

48. Duties of lamp-room incharges – The competent person in charge of a safety lamp-room–

1. shall be responsible for ensuring that all lamps in the safety lamp-room are properly maintained in accordance with the provisions of the regulations;
2. shall see that the safety lamp-room is kept in a neat and tidy condition, and that all damaged and defective gauges, glasses and other parts of safety lamps are not kept or stored in such room;
3. shall see that fire extinguishers or other means of dealing with fires provided in the safety lamps room are in good condition and readily available for use;
4. shall see that all records required by the regulations for the issue, return and maintenance of safety lamps are properly maintained; and
5. shall carry out such other duties relating to the maintenance, issue and return of safety lamps as may be specified by the manager or the undermanager or assistant manager.

49. Duties and responsibilities of surveyors – (1) The surveyor shall –

1. make such accurate surveys and levellings, and prepare such plans and sections and tracings thereof, as the manager may direct or as may be required by the Act or by the regulations or orders made thereunder, and shall sign the plans, sections and tracings and date his signature; and
2. be responsible for the accuracy of any plan and section, or tracings thereof that has been prepared and signed by him.

(2) The surveyor shall record in abound-paged book kept for the purpose –

1. the full facts when workings of the mine have approached to about 75 metres from the mine boundary, or from disused or waterlogged workings;
2. any doubts which may exists concerning the accuracy of the plans and sections prepared under these regulations; and
3. any other matter relating to the preparation of the plans and sections that he may like to bring to the notice of the manager.

Every entry in the book shall be signed and dated by the surveyor and countersigned and dated by the manager :

(3) Nothing in sub-regulation (2) shall absolve the owner, agent or manager of his responsibility under the Act and under these regulations or orders made thereunder.

50. Duties and responsibilities of engineers – The engineer or other competent person appointed for the purpose –

1. shall, subject to the orders of the manager and other superior official, hold general charge of all machinery at the mine; and shall be responsible for the proper installation, maintenance and safe working of such machinery;
2. shall, when any machinery is shifted or newly installed, see that it is given a trial run before it is put into use and shall be present during every such trial run;
3. shall be present throughout whenever any work is installing, changing or recapping of any winding rope, or of installing changing or annealing any suspension gear, is being carried on;
4. shall see that the provisions of the Act and of the regulations and orders made thereunder relating to the installation, maintenance, operation or examination of machinery are properly carried out by himself or by subordinate officials, competent persons or workpersons as the case may be, appointed for the purpose; and
5. shall, if mechanics, electricians or other subordinate officials or competent persons are appointed for the purpose, examine all reports, registers and other records relating to the installation, maintenance, operation or examination of machinery required to be made or kept in pursuance of the Act, these regulations or orders made thereunder, and shall countersign the same and date his signature.

51. Duties of winding enginemen – (1) At the beginning of his shift the winding engineman shall examine the engine, brakes and all appliances in his charge, and shall satisfy himself that they are in good working order.

(2) Every winding engineman shall during his shift keep the winding engine and apparatus connected therewith properly cleaned and oiled, and shall see that the engine room is clean and free of inflammable material.

(3) The winding engineman shall immediately report in writing to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, brake, indicator, drum, rope or other appliances under his charge.

1. The winding engineman shall not allow any unauthorised person to enter the engine room or in any way to interfere with the engine.
2. The winding engineman shall throughly acquaint himself with, and carefully attend to, the prescribed code of signals; and shall not start the engine until he has received the proper signal to do so. If the signal is indistinct, he shall not start the engine until it has been repeated and he clearly understands it.
3. The winding engineman shall avoid jerk in starting, running and stopping the engine, and shall cause the cage or other means of conveyance to be brought gently to rest at any stopping place.
4. While persons are being lowered or raised in the shaft, the winding engineman shall not drive the engine at a speed higher than that fixed by the manager for manriding purposes and approved by the Regional Inspector.
5. The winding engineman shall not unclutch the drum of his engine until he has assured himself immediately beforehand by testing the brake of the drum against the full power of the engine that the brake is in proper condition to hold the load suspended from the said drum. When the drum is unclutched, he shall use the brake only for th epurpose of maintaining such drum stationery, and shall not lower men or materials from an unclutched drum.
6. The winding engineman shall on no pretext leave the handle or brake whilst the engine is in motion, or while persons are riding a cage or other means of conveyance in the shaft.
7. The winding engineman shall not leave the engine whilst persons are at work in the shaft. Whenever he has occasion to leave the engine, he shall cut off the power and secure the drums with the brake.
8. The winding engineman of a winding engine by wich persons are lowered or raised in a shaft, shall not leave the engine at the end of his shift unless all the persons have come out of shaft or unless relieved by a duly appointed substitute.

52. Duties of banksmen and onsetters – (1) Every banksman or onsetter shall observe the following provisions, -

1. He shall, subject to the orders of a superior official, have full control of the top or bottom of shaft and the inset, as the case may be and shall report to such official any person who, without authority, gives a signal or disobeys instructions.
2. He shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals, and shall properly transmit the signals by the means provided. He shall not act on any signal the correctness of which he is in doubt, except a signal which he believes to be "to stop". He shall not allow any unauthorised person to give signals.
3. He shall immediately report to his superior official any defect in the signalling installation.
4. He shall devote the whole of his time of duties, and shall not leave his post during the period of his duty. Where persons are raised or lowered in the shaft, he shall not leave his post at the end of his shift unless all the persons have come out of the shaft or unless relieved by a duly appointed substitute.
5. He shall not allow more than the authorised number of persons to enter the case or other means of conveyance at any one time.
6. He shall not, unless specially authorised in writing by the manager in that behalf, allow any persons when riding in a cage or other means of conveyance, to take with him any bulky material other than tools and instruments:

Provided that nothing in this clause shall be deemed to prohibit the carrying, in a cage or other means of conveyance, the explosives by a shotfirer or other competent person.

7. After any stoppage of winding for repairs or for any other cause for a period exceeding two hours, he shall not allow any person to ride in the cage or other means of conveyance unless it has been run at least one complete trip up and down the working portion of the shaft.
8. He shall not allow any person to ride on the top or ede of any cage or other means of conveyance except when engaged in examination, repair or any other work in the shaft.
9. He shall, after persons have entered the cage, see that the cage gates on both sides are in position and closed, before signalling for the cage to be lowered or raised.
10. He shall not allow any unauthorised person to handle tubs in or out of the cage. While tubs are being lowered or raised, he shall also see that the catches are holding the tubs properly before signalling the cage or other means of conveyance away. If he notices any defect in the tub-catches, he shall immediately inform his superior official.
11. He shall not, at any entrance into a shaft or inset which is provided with gates or fences not worked by the cage or other means of conveyance, begin to remove the gate or fence until the cage or other means of conveyance has stopped at the entrance, and shall close the gate before he has signalled the cage or other means of conveyance away. He shall not permit any unauthorised person to open or interfere with the gate.
12. He shall see that all fences and gates provided at the top of the shaft or at any inset are in position.
13. He shall not permit any unauthorised person to remove a fence or gate; and if he notices any defect in such fence or gate he shall immediately inform his superior official.
14. He shall keep the top of the shaft or the inset and the floor of every cage free from loose material.
15. He shall, when long timber, pipes, rails or other material projecting over the top of a cage or other means of conveyance are lowered or raised, see that the projecting ends are securely fastened to the rope, chains or bow.
16. He shall, when he suspects that the cages are not working smoothly in the shaft or when he hears anything unusual happening in the shaft while the winding engine is working, immediately give signal to the winding engineman to stop the engine.

(2)(a) At the beginning of his shift, the banks man shall see that the keps are in proper working order.

2. The banksman, when he is informed of any danger in the shaft, shall not allow any person to descend except for the purpose of examination or repair; and during the time that such examination or repair is going on, shall be on duty and listen for signals.
3. The banksman shall not permit any person descending the shaft to carry any intoxicating drink or drug, or allow any intoxicaed person to descend.

53. Duties of haulage attendants, etc. – (1) At the beginning of his shift, the haulage engineman shall examine the engine, its brake and all appliances in his charge, and shall satisfy himself that they are in good working order.

(2) The haulage engineman shall, during his shift keep the haulage engine and apparatus connected therewith properly cleaned and oiled, and the engine-room clean and free of inflammable material.

3. The haulage engineman and banksman shall report immediately to the engineer or other competent person appointed for the purpose any defect which he has noticed in the engine, drum, rope or other appliances under his charge.
4. Whenever the haulage engineman has occasion to leave the engine, he shall cut off the power ands secure the engine with the brake.
5. The haulage engineman, brekesman and signaller shall not allow any unauthorised person to enter the engine-room or in any way to interfere with the engine or signal, as the case may be.
6. Every haulage engineman, brakesman and signaller shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals. The haulage engineman shall not start the engine until he has received the proper signal to do so. If the signal is indistinct, he shall not start the engine until it has been repeated and he clearly understands it.
7. The person in charge at the top of any haulage plane or incline shall see that the stop-block are blocking the way, before allowing any tub to be brought on to the tope landing; and shall cause the tubs to be securely coupled up to each other and to the rope or chain, before the stop block is opened. In case any alternative safety appliance is provided, he shall cause the same to be brought into use on every such occasion.
8. The person who is responsible for the attachment, to the haulage rope, of any tub or set of tubs at any stopping place on any haulage plane or incline, shall see that no person remains in a position of danger at or near such stopping place while the rope is in motion.
9. The person in charge of any tubs or set of tubs, which it is intended to sent up any haulage plane or incline on which drags or back-stays are required to be used, shall securely fix the drag or back-stay or cause it to be so fixed, before such tub or set of tubs is set in motion.
10. The person in charge at the top or bottom of the incline shall see that no unauthorised person rides on any tub.
11. Before a train of side-tipping tubs is set in motion, the person in charge shall see that the safety catches of all such tubs are properly secured.

54. Duties of Locomotive drivers – (1) The locomotive driver shall, before commencing work in his shifts, ensure that the audible signal and the brakes of the locomotive are in proper working order.

(2) The locomotive driver shall not work the on locomotive except during hours of daylight, unless the locomotive is fitted with sufficient headlights as prescribed.

3. The locomotive driver shall immediately report to the engineer or other competent person appointed for the purpose any defect which he has noticed in the locomotive or any part or fitting thereof.
4. The locomotive driver shall not set the locomotive in motion until audible warning has been given by him to persons whose safety may be endangered. He shall also give the audible warning when the locomotive is approaching a level crossing or any place where any person is at work or where the driver’s sight is intercepted.
5. The locomotive driver shall not leave a locomotive unattended away from the places where it is housed, unless he has ensured that it cannot be set in motion by any unauthorised person.
6. The locomotive driver shall ensure that no unauthorised person drives, handles or raised on a locomotive.
7. When tubs or wagons are being pushed in front of the locomotive, the shunter shall accompany the leading wagon.

55. Duties of coal-cutting and loading machine drivers and fitters – (1) Where a machine is required to work on a gradient exceeding 1 in 5 and effective contrivance to prevent the machine running back shall be provided and used.

(2) No coal-cutting or loading machine shall be fitted or otherwise moved with the cutting or loading tool in motion, except in the actual process of cutting or loading. If the cutting or loading tool, as the case may be, cannot be locked out of gear securely, it shall be removed before fittings is started.

3. No person shall make any repair or adjustment to a coal-cutting or loading machine or shall put in or take out a pick, until he has made such arrangements as will prevent the mechanism being inadvertently put into motion while such operation in is being performed.
4. No person shall open or replace the cover of any electrical part of a coal-cutting or loading machine, except under the supervision and in the presence of an engineer, electrician or other competent person appointed for the purpose.
5. The coal-cutting or loading machine driver shall not leave the machine unless he has completely cut off the power and has assured himself that the moving parts of the machine shall not be inadvertently set in motion.

56. Duties of magazine incharge – The magazine incharge –

1. shall, subject to the orders of superior officials, be responsible for the proper receipt, storage an issue of explosives in and from the magazine;
2. shall maintain such records of explosives so received, stored and issued, as are required by the rules made under Indian Explosives Act, 1884, and under the Act and under the regulations, rules, byelaws and orders made thereunder;
3. shall not issue explosives to any person other than a competent persons; and when explosives are returned to the magazine, shall re-issue such explosives before issuing fresh stock;
4. shall record in abound-paged book kept for the purpose the names of various competent persons and the quantity and nature of explosives issued to each of them; and shall similarly record the quantity and nature of explosives returned to the magazine by each such person;
5. shall securely lock each canister before issuing it to the competent persons and shall also check whether the canister is returned to the magazine in locked condition; he shall not issue explosives in any canister which is not in proper repair or which cannot be securely locked;
6. shall not allow any unauthorised person to enter the magazine; and
7. shall, if he discovers any shortage of explosives in the magazine forthwith inform the manager in writing.

57. Duties of register keepers and attendance clerks, etc. – (1) Every person appointed to keep registers or other records required to be kept by or under the Act or under these regulations, or orders made thereunder, or to make entries therein, shall make the necessary entries in ink and with reasonable despatch.

(2) During the whole time that persons are at work, the attendance clerk shall remain on duty at attendance cabin which shall be provided near the workplaces, or in case of workings belowground, near the outlet used by the workpersons to enter and leave such workings.

(3) No person who is not an employee of the mine or is not entitled to enter the mine under the Act or under the regulations, or orders made thereunder, or is not so authorised by the manager, shall enter the mine. It shall be the duty of the attendance clerk to see that no such person enters the mine; if any such person forcibly enters the mine, the attendance clerk shall immediately report the matter in writing to the manger.

(4) If after the commencement of a shift any official or a competent person has not got his attendance recorded in the register maintained under section 48(4) of the Act, the attendance clerk concerned shall, within two hours after the commencement of the shift, report the fact in writing to the Manager, or the under manager or assistant manager of other official in charge of the shift.

58. General requirements about mine plans – (1) Every plan or section prepared or submitted in accordance with the provisions of the regulations shall –

1. show the name of the mine and of the owner, and the purpose for which the plan is prepared;
2. show the true north, or the magnetic meridian and the date of the latter;
3. show a scale of the plan at least 25 centimeters long and suitably subdivided;
4. unless otherwise provided, be on a scale having a representative factor of 1200:1;

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit or required the plans to be prepared on any other suitable scale; and

5. be properly inked in or durable paper or on tracing cloth, and be kept in good condition.

2. The conventions shown in the Second Schedule shall be accurate and maintained corrected upto a date which is not earlier than three months :
3. The plans and sections required by the regulations shall be accurate and maintained corrected upto a date which is not earlier that three months :

Provided that where any mine or seam or section is proposed to be abandoned or the working thereof to be discontinued or rendered inaccessible, the plan and section shall be brought up-to-date before such abandonment or at the time of discontinuance; as the case may be, unless such abandonment or discontinuance has been caused by circumstances beyond the control of the owner, agent or manager, in which case the fact that the plan or section is not up-to-date shall be recorded on it.

4. Plans and sections required to be maintained under the regulations shall be kept available for inspection in the office at the mine, and shall not be removed therefrom except by or with the approval in writing of the Regional Inspector, unless a true copy thereof has been kept therein.

59. Type of plans – (1) The owner, agent or manager of every mine shall keep the following plans and sections :

1. A surface plan showing every surface feature within the boundaries, such as telephone, telegraph or power transmission line, watermain, tram-line, railway, road, river, watercourse, reservoir, tank, bore-hole, shaft and incline opening, opencast working, subsidence and building on the surface.
2. An underground plan showing :

1. the position of the workings of the mine belowground;
2. every bore-hole and shaft with depth, incline opening, crossmeasure drift, goaf, fire-stopping or seal, water-dam (with dimensions and other particulars of construction), pumping station and haulage roadway;
3. every important surface feature within the boundaries, such as railway, road, river, stream, watercourse, tank, reservoir, opencast working and building which is within 200 metres of any part of the workings measured on the horizontal plane;
4. the general direction and rate of dip of the strata;
5. such sections of the seam as may be necessary to show any substantial variation in the thickness or character thereof and showing the working section, and such sections of the strata sunk or driven through in the mine or proved by boring as may be available;
6. the position of every roll, washout, dyke and every fault with the amount and direction of its throw; and
7. an abstract of all statutory restrictions in respect of any specified workings with a referred to the order imposing the same.

Whatever this plan is brought up-to-date the then position of the workings shall be shown by dotted line drawn through the ends of the workings and such dotted line shall be marked with the date of the last survey.

1. Where a seam has an average inclination of more than 30 degrees from the horizontal, one or more vertical mine section or sections, as may be required by the Regional Inspector, showing a vertical projection of the mine working.
2. A ventilation plan, and section where necessary, showing the system of ventilation in the mine, and in particular –

1. the general direction of air-current;
2. every point where the quantity of air is measured;
3. every air-crossing, ventilation door, stopping and every other principle device for the regulation and distribution of air;
4. every fire-stopping and its serial number;
5. every room used for storing inflammable material;
6. the position of fire-fighting equipment;
7. every water-dam with dimensions and other particulars of construction;
8. every pumping, telephone and ambulance station; and
9. every haulage and travelling roadway.

1. A geological plan of the area of leasehold, on a suitable scale.

(2) Separate plans and sections for the workings of every seam or of every separate section of every seam shall be kept in respect of clause (b), (c) and (d) of sub-regulation (1) :

Provided that in respect of plans maintained under clause (b) of sub-regulation (1), combined plans of all seams, which are lying within nine metres of each other and which are worked at the mine shall also be kept; and in the combined plans, workings in different seams or sections shall be shown in different colours.

(3)(a) The plans maintained under clauses (a) and (b) of sub-regulation (1) shall also show spot levels on the floor of the workings –

1. along all haulage roadways, at every roadway junction, except in roadways where tramming is done by manual means where the spot levels may be shown at points not more than 150 metres apart; and
2. in the case of headings which have been discontinued either temporarily or permanently, also at the end of such headings.

Where two drifts in stone or two galleries in coal pass over one another, this shall be clearly indicated on the plans, with appropriate noting, if necessary.

(c) A permanent bench-mark shall be established on the surface, and al levels taken above and belowground shall be referred to a plane in relation to such bench-mark. Particulars of the bench-mark, together with its height above Mean Sea Level, shall be shown on the plans required to be maintained under these regulations.

(4)(a)(i) The plans kept under clauses (a) and (b) of sub-regulation (1) shall also show the settled boundary of the mine, or where the boundary is in dispute, the boundaries claimed by the owner of the mine and by the owners of the mines adjacent to the disputed boundary:

Provided that where it is not possible to show the complete boundary of leasehold on the same plan, an additional key plan or any other suitable scale showing such boundaries and the outline of the workings shall also be maintained.

(ii) The plans required to be kept under clause (b) of sub-regulation (1) shall also show the workings, and all features as prescribed in that clause, both above and belowground of all adjacent mines as are situated within 60 metres, measured on any plane, of the boundary claimed by the owners of the mines.

1. The owner, agent and manager of every mine shall 1[as soon as its workings extend to within 60 metres of the settled boundary with an adjacement (or where the boundary is in dispute within 60 metres of the boundary claimed by the owner of the adjacent mine) inform the owner, agent or manager of such mine of the fact of such extension and shall also] give all reasonable facilities to the surveyors of its adjacent mines to carry out the surveys and levellings required to be made under this sub-regulation.

(5)(a) The Regional Inspector may, by an order in writing, require such additional details to be shown on the plans and sections required to be kept under these regulations, or the preparation and maintenance of such other plans and sections showing such details and on such scale and within such time as he may specify in the order.

(b) The Regional Inspector may, by an order in writing, require the owner, agent or manager to submit to him within such time such plans and sections, or tracings thereof, as he may specify in the order.

(c) The owner, agent or manager shall, at any time if required by the Regional Inspector, show on any plan or section the then position of the workings of the mine.

60. Copies of plans and sections to be submitted – The owner, agent or manager shall, on or before the 31^st October of every year, submit to the Chief Inspector two up-to-date copies of the plans and sections maintained under clauses (b) and (c) of regulation 59(1). The provisions of this regulation shall be deemed to have been complied with if the owner, agent or manager gets the copies of plans and sections submitted hereunder during the previous years brought up-to-date at his own expense.

61. Plans and sections to be submitted after abandonment or discontinuance – (1) Where any mine or seam or section thereof is abandoned or the working thereof has been discontinued over a period exceeding 60 days, the person who was the owner of the mine at the time of abandonment or discontinuance shall, within 30 days after the abandonment or within 90 days after the discontinuance of the workings, as the case may be, submit to the Chief Inspector two true copies of the up-to-date plan and section of the workings of the mine or seam or section maintained under clauses (b) and (c) of regulation 59(1). Every such copy shall show the bearing and distance of at least one of the shafts or openings of the mine from a trijunction or revenue pillar or from any other prominent and permanent surface feature, the position of all water-dams built belowground (with their dimensions and other particulars of construction) and also the spot levels at the ends of the workings:

Provided that if a change of ownership occurs after the abandonment or discontinuance and before the expiry of the 30 days or the 90 days aforesaid, as the case may be, such plans and sections shall be submitted forthwith.

(2) The original or a certified true copy of the plan and section submitted under sub-regulation (1) shall be kept in the office at the mine.

(3) The Chief Inspector may, on such conditions as he thinks fit to impose, and on payment of the cost of preparing copies as determine by him, supply copies of a plan or section submitted to him under sub-regulation (1) or such parts thereof as he thinks fit -

1. to any person having a bonafide interest in the mine, seam or section;
2. to the owner, agent or manager of an adjacent mine.

62. Survey instruments and materials – The owner or agent shall provide accurate and reliable survey instruments and materials for the proper carrying out of all survey and levelling work and for the preparation of plans and sections required under these regulations; and no other instruments shall be used in connection with any such survey or levelling work.

63. List of plans, sections and instruments and their storage – (1) All plans and sections, and tracings or copies thereof, kept at the mine shall be serially numbered.

(2) Suitable arrangements shall be made at every mine for the proper storage and maintenance of every plan and section of all instruments and materials. Such arrangements shall provide for flat storage of every plan and section maintained under clauses (b) and (c) of regulation 59(1).

(3) Every field book and other notes used in the preparation of plans and sections required under these regulations shall be duly indexed and kept in the office at the mine.

(4) A list of all plans and sections maintained under these regulations, or any orders made thereunder, and tracings or copies thereof; of all survey instruments provided under regulation 62 with their respective types specifications and identification numbers; and of all field books and other notes kept under sub-regulation (3) shall be kept in a bound paged book kept for the purpose, and shall be brought up-to-date whenever necessary. Every entry in the book shall be signed and dated by the surveyor, and countersigned and dated by the manager.

64. Preparation of Plans by Surveyors – (1) Every plan and section, and tracing thereof, prepared under these regulations shall be prepared by or under the personal supervision of the surveyor.

(2) Every plan or section, or any part thereof, prepared by or under the supervision of a surveyor shall carry thereon a certificate by him to the effect that the plan or section or part thereof is correct; and shall be signed and dated by the surveyor and countersigned and dated by the manager on every occasion that the plan or section is brought up-to-date.

(3) Every tracing of a plan or section or of any part thereof shall bear a reference to the original plan or section from which it was copies and shall be certified thereon by the surveyor to be a true copy of the original plan or section. The certificate shall be signed and dated by him.

(4) If the surveyor fails or omits to show any part of the workings or allow the plans or sections to be inaccurate, he shall be guilty of a breach of these regulations. Nothing in this sub-regulation shall, however, exempt the owner, agent or manager of their responsibility to ensure that every plan or section prepared, kept or submitted under these regulations or by any order made thereunder is correct and maintained up-to-date as required thereunder.

65. Plans to be checked on change of ownership or on re-opening, etc – (1) When there is a change in ownership of a mine, or where a mine or part thereof is reopened, or where in any mine or part thereof it is intended to start any extraction or reduction of pillars, the owner, agent and manager shall ensure that the plans and sections of the mine or part are accurate. If any doubt arises as to the accuracy of the plans and sections in any respect, he shall have accurate plans and sections prepared afresh before any drivage or other work of development or of extraction or reduction of pillars is commended.

(2) If the Regional Inspector is of the opinion that any plan or section prepared, kept or submitted under the regulation is inaccurate, he may, by an order in writing, require a fresh survey made and a new plan or section prepared within such time as he may specify therein.

66. Outlets from a mine – (1) No person shall be employed, or be permitted to enter or remain for purposes of employment, in any working belowground, unless the working is provided with at least two shafts, inclines or other outlets to the surface –

1. with which every seam or section of the time being at work has a communication so as to afford separate means of ingress and egress to the persons employed therein;
2. which do not have their surface openings in the same building; and
3. which are under the sole control of the manager :

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, permit the employment belowground of persons even in a case where the two shafts, inclines or outlets are not under the control of the same manager.

(2) Suitable arrangements shall be made for persons to descend and ascend by each of such shafts, inclines or outlets; and

1. where the shaft is more than 30 metres in depth, such arrangements shall be by mechanical means. Every mechanical equipment used for the purpose shall be to installed and maintained as to be constantly available for use. In case of a doubt as to whether any such arrangement is suitable or not it shall be referred to the Chief Inspector for decision; and
2. where in any shaft, ladders are used as a means of ingress or egress of persons employed in a mine, every such ladder shall –

1. be of strong construction;
2. be securely fixed in the shaft at an inclination of not more than 80 degrees from the horizontal;
3. be made continuous or without perceptible overlapping or break except at platforms which shall be provided at intervals of not more than nine metres;
4. project at least one metre above the mouth of the shaft, and above every platform, except where strong holdfasts or handrails are provided;
5. have rungs equally spaced and at a sufficient distance from the wall or any timber to ensure proper foothold; and
6. be maintained in good repair.

(3) Such shafts, inclines or outlets shall not be less than 13.5 metres distant from one another at any point, and each shall be connected with the other by means of a walkable passage, not less than 1.8 metres high 1.5 metres wide, through the workings belowground that are being served by such shafts, inclines or outlets.

(4) Whenever the connection between two outlets which are required to be maintained under sub-regulation (1) has been obstructed or found dangerous, only such persons as are necessary to clear the obstruction or to repair the dangerous part of the connection or to make a new second outlet, as the case may be, shall be employed belowground until such time as the connection has been re-established or a new second outlet has been provided.

(5) The foregoing provisions of this regulation with respect to shafts, inclines and outlets shall not apply -

1. to a shaft which is being sunk or to an incline or outlet which is being made;
2. to any working for the purpose of making a connection between two or more shafts, inclines or outlets; and
3. to any working for the sole purpose of searching for or proving minerals;

so long as not more than 20 persons are employed belowground at any one time in the whole of the different seams in connection with a single shaft, incline or outlet:

Provided that nothing in this sub-regulation shall be deemed to authorise the driving of roadways for the development of a seam before a second outlet has been made in accordance with the said provisions.

67. Working shafts – (1) Every shaft in use or in course of being sunk and every incline or other outlet shall be made and kept secure.

(2) Every shaft in the course of being sank shall be provided with a permanent lining of metal, concrete or masonry, which shall at no time be more than six metres from the bottom of the shaft:

Provided that where iron or steel rings with a substantial lagging are used below the permanent lagging and are kept close to the bottom of the shaft, this distance may be increased to not more than 20 metres:

Provided further that in the case of a shaft where special conditions exist which make compliance with the provisions of this sub-regulation not necessary, the Regional Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the operation thereof.

(3) Every shaft regularly used for lowering and raising persons or materials, in which water seeps out of the strata shall be provided with water garlands or other means of collecting and conducting away seepage water.

(4) The top, all insets and bottom of every working shaft and the sump thereof shall be kept clear and free from loose materials, tools and debris.

68. Fencings and gates at outlets – (1) Every entrance to a mine from the surface, and the top and all entrances between the top and bottom, including the sump, if any, of every working, ventilating or pumping shaft, shall be kept securely fenced.

(2) Every walkable entrance from the surface to the workings belowground shall be provided with a substantial gate which shall be kept closed and locked when there are no persons belowground:

Provided that where such entrance is not used as a means of ingress or egress in or out of the mine, it shall be permanently closed so as effectively to prevent persons from entering therein.

69. Outlets from mine parts – Every part of a mine shall, where practicable, be provided with at least two ways affording means of egress to the surface. If any doubt arises as to whether the provision of two such ways is practicable or not, it shall be referred to the Chief Inspector for decision.

70. Periodic examination, etc. of outlets – (1) Every shaft, incline and other outlets provided as required by regulation 66 shall be examined, once at least in every seven days, by an overman or other competent person. A report of every such examination shall immediately thereafter be recorded in a bound paged book kept for the purpose and shall be signed and dated by the person making the examination.

(2) If at the time of such examination or at any other time, the shaft, incline or other outlet is found to be not safe, it shall not be used for any purpose, except as a natural airway, until it has been made safe in all respects. Report of every such action taken shall be recorded in the book kept under sub-regulation (1).

71. Appointment, etc., of winding enginemen – (1) No person shall be appointed as a winding engineman unless he holds –

1. in the case of an electric winding engine of 75 h.p. or more or of a steam or compressed air winding engine which has cylinders exceeding 30 centimetres of diameter, a I Class Engine Driver’s Certificate and
2. in any other case a II Class Engine Driver’s Certificate:

Provided that this clause shall not apply to the driver of an Electrical Winding Engine upto 30 h.p. or of a siteam or compressed air winding engine which has cylinders not exceeding 18 centimetres in diameter and which is not used for raising or lowering persons.

(2) Where special difficulties exist which made compliance with the provisions of sub-regulation (1) not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, relax and said provisions.

(3) No person, other than a winding engineman appointed under sub-regulation (1) shall operate any winding engine:

Provided that in an emergency any other competent person may be permitted to operate the engine.

(4) The name of the winding engineman on duty, together with the period of his shift shall be posted in the winding engine room. Where the Regional Inspector is of the opinion that the duties of any winding engineman are unduly arduous, he may by an order in writing require the period of his shift to be reduced to such period, not less than five hours, as he may specify.

(5) This regulation shall come into force on such date as the Central Government may by notifications in the official Gazette, appoint.

72. New winding installations – (1) When it is intended to bring into use any new winding installation for lowering and raising persons, the owner, agent or manager shall, not less than 60 days before such use, give notice of such intention to the Regional Inspector. The notice shall contain detailed specifications of the installation.

(2) If the Chief Inspector, by an order in writing to requires, such additions or alterations shall be made to the installation, as he may specify the order.

73. Construction and installation of winding equipment – (1) Every part of a winding installation, including headgear shall be of sound construction and adequate strength, and shall be maintained in safe working order. In case of any doubt as to the foregoing, it shall be referred to the Chief Inspector for decision.

(2) The engine shall be firmly connected to a rigid foundation and shall be so designed, constructed and maintained that with the power provided, the raising and lowering of persons or materials can be carried out with ease, regularity and safety.

(3) Unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, every engine for winding shall be so situated in relation to the headgear that the winding rope shall not, in the extreme position, subtend in either direction an angle more than one and a half degrees with the plane of the sheave or pulley used in connection with the rope.

(4)(a) The diameter of the drums or sheaves of the winding engine, and of the pulleys and sheaves used in connection with the winding shall, unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may specify therein, be not less than 80 times the diameter of the rope in the case of winding installations installed before the 25^th day of October, 1955 and not less than 100 times the diameter of the rope in other cases:

Provided that the Chief Inspector may, by an order in writing, require that in the case of any specified winding installation installed before the date aforesaid, the diameter of the said drums, pulley or sheaves shall not be less than such size, upto 100 times the diameter of the rope, as he may specify in the order.

(b) The grooves of such sheaves or pulleys shall be suited to the diameter of such rope.

(c) Every pulley or sheaves used in connection with winding shall, while in motion, rotate in a vertical plane, and shall be maintained in such a condition that slipping is reduced to a minimum.

74. Fittings of winding engines – At every shaft, including a shaft in the course of being sunk, where winding is effected by means of an engine, the following provisions regarding winding engines shall have effect, namely:

(1) There shall be on the drum such flanges, and also if the drum is conical or spiral such other appliances, as will be sufficient to prevent the rope from slipping or coiling unevenly. Except in the ‘Koepe’ system of winding, the end of the rope shall be securely fixed in such a manner that the rope is not unduly strained. There shall be at least two turns of the rope on the drum when the cage or other means of conveyance is at its lowest working point in the shaft.

(2)(a) There shall be provided one or more brakes on the drum or the drum-shaft, which :

1. if there are two cages or other means of conveyance, will hold such cages or other means of conveyance when the maximum torque is applied in either direction; or
2. if there is only one cage or other means of conveyance, will hold the loaded cage or other means of conveyance in midshaft when the maximum torque is applied downwards.

2. At least one of the brakes shall be so designed that the brake remains at the ‘on’ position except when operated.
3. Where the brake or brakes are power-operated, at least one of them shall be arranged to be applied automatically at all times if the power supply fails.
4. The brake on the drum shall be used only for the purpose of keeping such drum stationary and not for lowering the cage or other means of conveyance, except in cases where the engine is to be worked at a very low speed as when examining the winding rope or the shaft.

(3) Where the winding engine is worked by steam or compressed air, a screw stop-valve shall not be used as controlling valve of the engine.

(4) Every engine shall be equipped with a reliable depth-indicator (in addition to any mark on the rope) showing to the winding engineman the position of the cage or other means of conveyance in the shaft, and an automatic device that will ring a bell in the engine room when the asconding cage or other means of conveyance is at a distance of not less than two revolutions of the drum from the top of the shaft. The depth-indicator shall be tested after every adjustment or replacement of the winding rope.

75. Shaft fittings – At every winding shaft, other than a shaft in the course of being sunk – to which the provisions of regulation 79 shall apply – the following provisions shall have effect, namely:

(1)(a) Efficient means shall be provided and maintained for interchanging separate, distinct and definite signals between the top of the shaft and –

1. the bottom or other permanent landing of the shaft; and
2. every inset for the time being in use.

There shall also be provided and maintained efficient means for transmitting such signals from the top of the shaft to the winding engineman. All signals shall be transmitted by mechanical or electrical means.

(b) In signalling, the following code of signals shall be used and strictly observed :

ONE RAP : STOP when engine in motion

ONE RAP : RAISE when engine at rest.

TWO RAPS : LOWER

THREE RAPS : MEN ready to ascend or descend

THREE RAPS : IN REPLY – men may enter the cage or other means of conveyance.

Anyother signals shall be addition to, and shall not interfere with, the foregoing.

1. A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at the top of the shaft and at every such inset and landing and also in the winding engine room.
2. No person other than the banksman or onsetter shall give any signal unless he is an official of the mine or is authorised in writing by the manager to give signals.

(2)(a) The shaft shall be provided with sufficient number of guides to ensure smooth and safe travel of the cage or other means of conveyance.

(b) Where rope guides are used, the cheese-weights or bottom clams shall be kept so exposed as to permit regular examination.

(3) Above the topmost landing, ‘dogs’ or other devices for holding the cage or other means of conveyance in the event of an overwind shall be provided, other guides, runners or receivers shall be sprung.

(4)(a) Exception in the ‘Koepe’ system of winding, at the top of every shaft where cages are used, suitable keps shall be provided and so arranged as to fall into the ‘on’ position when the operating lever is released.

(b) At every inset where keps or folding platforms are provided, arrangements shall be made to lock the keps or platforms securely in the ‘off’ position; and when in the ‘off’ position such keps or platforms shall leave the shaft clear for the passage of the cage. In every such case, a proper automatic indicator to show the position of the keps or platforms, as the case may be, shall be provided in such a position as to be easily seen by the banksman.

(5) Protective roofing, sufficient to prevent danger from anything falling in the shaft, shall be provided and maintained at the bottom of the shaft. The gap, both vertical and horizontal, between the protective roofing and the top of cage, when the cage is at the bottom of the shaft, shall not exceed 15 centimeters.

76. Manwinding – At every shaft, other than a shaft in the course of being sunk, where a winding engine is used for the purpose of lowring or raising persons, the following provisions shall have effect, namely : -

1. In respect of every part of the winding installation, including pulleys or sheaves, cages, chains, distribution plates and detaching hooks, the following particulars shall be recorded in a bound paged book kept for the purpose -

1. Name of the manufacturer and the year of manufacture;
2. Specifications and dimensions;
3. Reference to every certificate supplied with the part; and
4. Any other detail that may be necessary or required by the Regional Inspector;

All entries in the book shall be made and signed by the engineer or other competent person, and shall be countersigned and dated by the manager.

1. Whenever any part or article is replaced or any repaired part or article used in any winding installation, the fact of such replacement or repair shall be recorded in the book kept under sub-regulation (1).
2. (a) A single linked chain shall not be used, except for the short coupling chain attached to a cage or other means of conveyance. Such single-linked chain shall be attached to the safety hook through a distribution plate or other approved appliance.

1. Where safety-chains are used, their length shall be such that if the king-bolt breaks, the shock to the cage or other means of conveyance is as slight as possible.

1. Where drum-clutches are provided, the following provisions shall have effect, namely –

1. The operating gear of the clutch of the drum shall be provided with locking gear to prevent inadvertent withdrawal of the clutch.
2. Every engine used for the lowering or raising of persons shall have a suitable interlocking device so fitted that it is not possible –

1. to unclutch any drum unless the brakes of such drum are applied; or
2. to release the brakes until the drum clutch is fully engaged and securely locked.

1. Unless the cage or other means of conveyance attached to the drum is resting at the bottom of the shaft, the drum shall not be unclutched unless the winding engineman has assured himself immediately beforehand that the brake is fully applied.

(5) Except in the ‘Koepe’ system or winding, there shall be provided between the rope and the cage or other means of conveyance a detaching hook. The space between such detaching hook, measured from the centre of the hole for attaching it to the rope shackle, and the detaching-bell or plate when the cage or other means of conveyance is at its normal position at the top of the shaft, shall be not less than 1.8 metres where a geared engine is used, and not less than 3.6 metres where a direct acting engine is used.

(6) In every shaft the engine shall be fitted with an automatically recording speed indicator.

(7)(a) In every shaft exceeding 100 metres in depth, there shall be provded an effective automatic contrivance to prevent overspeeding and overwinding, hereinafter called the ‘Automatic Contrivance". The Automatic Contrivance shall prevent the descending cage from being landing at the pit bottom or other permanent landing at a speed exceeding 1.5 metres per second and shall also control the movement of the ascending cage in such a manner as to prevent danger to persons riding therein. The Regional Inspector may, by an order in writing, specify the maximum speed of winding in any shaft.

(b) Tests of every Automatic Contrivance and every brake shall be made by the engineer or other competent persons appointed for the purpose, in the following manner -

1. once at least in every seven days, by raising each cage or other means of conveyance, in turn, to pass the last control point above the topmost landing; and
2. once at least in every three months, by attempting to land the descending cage at excessive speed. For the purpose of this test, the setting of the Automatic Contrivance may be altered so that pre-determined point in the shaft is regarded as the landing.

The results of every such tests shall be recorded in a bound paged book kept for the purpose, and shall be signed and dated by the person making the test.

(c) Unless the Automatic Contrivance is in full and fixed engagement with the winding engine, it shall be fully engaged, either automatically or by the winding engineman, wherever necessary to be lowered or raised; and a proper automatic indicator to show that this has been done shall be provided in such a position as to be easily seen by the banksman. No person shall be allowed to enter any cage or other means of conveyance until the indicator shows that the Automatic contrivance has been fully engaged.

(8) Except where an Automatic Contrivance is provided to prevent overwinding, a point shall be fixed and marked on the indicator of the engine in such a way as to show when the cage or other means of conveyance is at a distance of not less than twice the circumference of the drum from the completion of the wind; and if such cage or other means of conveyance contains persons, the winding engineman shall not, as soon as it has reached the point aforesaid, raise it for the remaining distance at a speed exceeding 1.2 metres per second.

(9) Where the only means of egress in a mine is by apparatus worked by steam or electricity, precautions shall be taken to ensure that the two winding engines do not fail simultaneously, and in particular, in the case of electric winding engines, the engines shall be capable of being connected to two separate power supplied. Unless the Chief Inspector by an order in writing otherwise directs, the provisions of this sub-regulation shall be deemed to be satisfied if an emergency winding gear is maintained.

(10(a) Every cage of other means of conveyance in which persons ride, shall be –

1. covered completely at the top;
2. closed in at the two sides in a manner sufficient to prevent persons or things from projecting beyond the sides;
3. provided with a rigid hand-bar fixed in a position where it can be easily reached by all persons in the cage or other means of conveyance; and
4. provided with suitable gates or other rigid fences such that the gap between the floor of cage or other means of conveyance and the lowest part of the gate of fence does not exceed 15 centimetres and that between any two members of the gate or fence does not exceed 25 centimetres. Gates or fences shall not open outwards; and they shall be so fitted and maintained that they cannot be accidentally opened.

(b) The floor of every cage or other means of conveyance shall be strongly constructed and so maintained to prevent any part of the body of a person riding in the cage or other means of conveyance from projecting beyond the floor.

(11) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in the same cage or same deck of a cage or other means of conveyance at one time; and a notice specifying the number shall be posted at the top and bottom of every shaft and at every inset. The number of persons fixed as aforesaid shall be such as to allow approximately 0.20 square metre of floor area per person.

(12)(a) No person shall, when ascending or descending a shaft, take with him any bulky material other than tools and instruments, except when engaged in repairing the shaft or with the written authority of the manager.

(b) Except as provided in clause (a), no person shall ride in a cage while materials or tubs are being raised or lowered in any of the cages or other means of conveyance.

(13) The Chief Inspector may, subject to such conditions as he may specify, relax the requirements of this regulation if the circumstances in any mine or part thereof are such as to tender compliance with such requirements not reasonably practicable.

77. Multi-decks – Where a cage has two or more decks which are used simultaneously, each floor at a landing shall be connected by an effective signalling device with the main floor of the landing; and only the banksman or the onsetter or an official, as the case may be, at such main floor shall give action signal, and only after he has satisfied himself that all cage gates are closed.

78 Winding of material – (1) Every cage used for the raising or lowering of tubs shall be provided of tubs shall be provided with catches or other effective contrivances to prevent the tubs failing out. The cage shall not be set in motion unless the catches or other effective contrivances are in position.

(2)(a) The floor of every cage shall be kept clean; and no skip, bucket or tub shall be filled up to such height that any of the contents can fall out.

(b) Before long timber, pipes, rails, or other material projecting over the top of the cage or other means of conveyance are lowered or raised, the projecting ends shall be securely fastened to the rope, chain or bow.

79. Winding in sinking shafts – At every shaft in the course of being sunk, where a winding engine is use the following provisions shall have effect, namely :

(1) If the shaft exceeds 45 metres in depth, there shall be provided for each bucket or other means of conveyance a detaching-hook between the centre of the hole for attaching the detaching-hook to the rope shackle and the detaching bell or plate, when the bucket or other means of conveyance is at the tope landing, there shall be a clear over-run space of not less than 3.6 metres.

(2) Where the shaft exceeds 150 metres in depth –

1. the bucket or other means of conveyance, when used for lowering or raising persons, shall be provided with sufficient cover overhead for protection from things falling down the shaft; and
2. these shall be provided for each bucket or other means of conveyance a sufficient number of guides which shall be kept extended to within 22.5 metres of the shaft bottom at all times when sinking is in progress:

Provided that the Regional Inspector may, by an order in writing, require the provision of guides in a shaft less than 150 metres in depth.

(3)(a) There shall be provided and maintained two separate means of in