SINDH COAL MINES RULES, 2016

(PART-I)

INSPECTORATE OF COAL MINES

ENERGY DEPARTMENT

GOVERNMENT OF SINDH

CONTENTS

NOTIFICATION

No:ED/CICM(Coal)/1-1/2016:- In exercise of the powers conferred under section 20 of the Sindh Coal Act, 2012, the Government of Sindh are pleased to make the following rules for the purpose of regulating the duties, functions and powers of the Inspectorate of Coal mines as well as the functions and duties of the Coal Mine Management, namely:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. – (1) These Rules may be called the Sindh Coal Mines Rules, 2016.

(2)        It shall come into force at once.

2. Definitions. (1)In these rules, unless there is anything repugnant in the subject or context –

• “Act” means the Sindh Coal Act, 2012;

• “Board” means the Coal Mining Board constituted under rule 9;

• “Chairman” means the Chairman of the Board;

• “agent” when used in relation to a coal mine, means any person appointed or acting as the representative of the owner in respect of the management of the coal mine or of any part thereof, and as such superior to a manager under these rules;

• “Chief Inspector” means the Chief Inspector of Coal Mines appointed under the Act;

• “Inspector” means an Inspector of Coal mines appointed under the Act;

• “child” means a person who has not completed his fifteenth year;

• “form” means a form contained in the Schedule;

• “Government” means the Government of Sindh;

• “employee” means a person to be employed in a coal mine, who works under appointment by or with the knowledge of the owner, agent or manger in any mining operation or in cleaning of, or oiling any part of any machinery used in or about the coal mine, or in any other kind of work whatsoever incidental to, or connected with coal mining operations;

• “owner”when used in relation to a coal mine, means any person who is the immediate proprietor or lessee or occupier of the coal mine or any part thereof, but does not include a person who merely receives a royalty, rent or fine from the coal mine or is merely the proprietor of the coal mine subject to any lease, grantor license for the workings thereof, or is merely the owner of the soil and not interested in the minerals of the coal mines but any contractor for the working of a coal mine or any like part thereof, shall be subject to these rules in manner as if he were an owner, but not so as the exempt the owner from any liability;

• “relay” means the work of the same kind is carried out by two or more sets of workers, working during different periods of the day, and the period for which it works is called a ‘shift’;

• “serious bodily injury” means any injury which involves or in all probability will involve, the permanent loss of the use of, or permanent injury to any part of the body or the permanent loss of, or injury to the sight or hearing, or the fracture of any part of the body or the enforced absence of the injured person from work for a period exceeding twenty days;

• “Schedule” means the Schedule to these rules;

• “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;

• “Qualified Mining Engineer” means an Engineer who possesses the Degree of Bachelor Engineering in Mining from the University recognized by the Government of Pakistan or provinces or Federating Units and also has at least three years practical experiences in coal mines.

       (2) The words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Act.

CHAPTER II

INSPECTORS OF COAL MINES

3. Declaration of Junior Inspector as Inspector. (1)Government may, by notification, appoint a duly qualified person(s) to declare Junior Inspector(s) of coal mines to act as Inspector of Coal mines under these rules.

                (2) No person shall be appointed to be Chief Inspector or an Inspector, or having been appointed shall continue to hold such office who is or becomes directly or indirectly interested in any coal mine or mining rights in the Province of Sindh.

            (3) The Chief Inspector and every Inspector for the purposes of these rules shall be deemed to be a public servant within the meaning of the Pakistan Penal Code (XLV of 1860).

4. Functions of Inspectors. (1) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any power conferred on Inspectors by these rules and shall, subject as aforesaid, declare the local area or areas within which, or the group or class of coal mines with respect to which, Inspectors shall exercise their respective powers.

            (2) The Inspector shall give information to owner, agent or manager of a coal mine situated within the local area or areas or belonging to the group or class of coal mines, in respect of which he exercises powers under sub-rule (1).

5. Powers of Inspectors of Coal Mines. The Chief Inspector and any Inspector may –

• make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of these rules and of any orders made there under are observed in the case of any coal mine;

• with such assistant, if any, as he thinks fit, enter, inspect and examine any coal mine or any part thereof;

• examine in to and make inquiry respecting the state and condition of any coal mine or any part thereof, the ventilation of the coal mine, and all matters and things connected with or relating to the safety, and health of the persons employed in the coal mine;

• take, whether on the precincts of the coal mine or elsewhere, statement of any person which he may consider necessary for carrying out the purposes of these rules:

Provided that no one shall be required under this rule to answer or give any evidence tending to criminate himself;

• require the production of any books, registers, reports or other documents, the keeping of which is prescribed, in order to see that they are in conformity with the provisions of these rules, and take into his custody, or make copies of, or extracts from any such book, register, report or other document;

• after informing the manager of a coal mine or his representative, take or remove, for the purpose of analysis samples of materials and substances used or handled in the coal mine.

6. Powers to Special Officer to enter, measure etc. Any person in the service of Government duly authorized, by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, leveling or measuring in any coal mine, after giving not less than three days’ notice to the manager of such coal mine, enter the coal mine and may survey, level or measure the coal mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the coal mine:

            Provided that no such notice need to be given if, for reasons to be recorded, the Chief Inspector or Inspector is of opinion that there is an emergency.

7. Facilities to be afforded to Inspectors. Every owner, agent and manager of a coal mine shall afford the Chief Inspector and every Inspector and every person authorized by the Chief Inspector, all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under these rules.

CHAPTER III

REGISTRATION OF COAL MINES

8. Procedure for registration. (1) Every coal mine shall be registered with the Chief Inspector on an application in Form-I in Schedule-A, duly filled-in by the owner, agent or manager alongwith registration fee of rupees five thousand, for a period of one year which shall be renewed every year on payment of same fee.

            (2) The fee under sub-rule (1) shall be deposited in the treasury under the Head of Account as prescribed by Government.

            (3) The record of registration of coal mines shall be maintained in Form-II in Schedule-A and the registration certification shall be issued by the Chief Inspector in Form-III in Schedule-A within one month of the receipt of the application which shall be complete in all respects.

            (4) The certificate of registration shall be displayed conspicuously by the owner, agent or manager in the office or premises of coal mines

CHAPTER-IV

COAL MINING BOARD AND COMMITTEE

9. Coal Mining Board. (1) Government shall, by notification, constitute the Coal Mining Board, for any group or class of coal mines, consisting of the following:-

• the Secretary of the Administrative Department of Inspectorate of Coal Mines shall act as Chairman of the Board;
• the Chief Inspector and Inspector as members of the Board;
• a person, not being the Chief Inspector or Inspector, nominated by Government;
• two persons nominated by owners of coal mines;
• two persons to represent the interest of coal miners who shall be nominated by the registered trade union or collective bargaining agent , having majority of workers miners –

• if there are one or more registered trade unions having in the aggregate as members not less than one quarters of the miners, the said person shall be nominated by such trade union or trade unions;
• if clause (a) is not applicable and there are one or more registered trade unions having in the aggregate as members not less than one thousand miners, one of whom shall be nominated by such trade union or trade unions and the other by Government;
• if neither sub-clause (a) nor sub-clause (b) is applicable, then said persons shall be nominated by Government.

        Explanation.- In this rule, coal miners means a person employed otherwise than in a position of supervision or management, in any of the coal miners for which the Board is constituted;

• the qualified Mining Engineer having atleast ten years’ experience in coal mining;

            (2) The Inspector shall also act as Secretary of the Board.

             (3) A person nominated under clause (iii), (iv) and (v) of sub-rule (1)shall hold office for a period of three years from the date of the notification of the appointment as a member of the Board:

            Provided that  a  member shall,  notwithstanding  the  expiry  of his  term,  continue  to  hold office until his successor enters upon  his office.

            (4) The Chairman may accept the resignation of any member who is unable or unwilling to serve on the Board and may dismiss any non-official member giving reasons there for, and the decision of the Chairman shall be appealed against to Government whose decision shall be final

            (5) As soon as a vacancy occurs or is expected, the Chairman shall proceed to seek nomination for such representation; provided that the decision of the Board shall not be invalid or called in question merely on existence of vacancy in the Board.

            (6) The Board shall meet at such place and at such time as may be   appointed by Chairman.

10. Meeting of the Board. (1) The Chairman shall preside at every meeting of the Board at which he is present.

            (2) If the Chairman is absent from any meeting, the members present shall elect by majority of votes, one of their member to preside over the meeting and the member so elected shall, at that meeting, exercise all the powers of the Chairman.

(3) The members of the Board shall be entitled to such traveling and daily allowance as may be determined by Government.

11. Correspondence of the Board. The Secretary of the Board shall conduct all the correspondence of the Board, keep its accounts and record, the proceedings of each meeting in a Minute Book kept for permanent record which shall be signed by the Chairman.
12. Notice of Meeting. The Secretary shall give notice to the members of the Board of the date fixed for each meeting and shall furnish each member with the agenda of the business to be discussed at that meeting.
13. Quorum of a Meeting. The half of the total membership shall form a quorum of a meeting; provided that the member shall have right to participate in a meeting through video conference and shall have the right of vote.

            Provided that if at any meeting the quorum is not present, the Chairman may adjourn the meeting to a date not less than fourteen days after the date of that meeting, informing the members present and notify other members that he proposes to dispose of the business of the adjourned meeting irrespective of there being a quorum, and it shall thereupon be lawful to dispose of business at such meeting irrespective of the number of members attending.

14. Decision of the Board. (1) All questions or matters referred to the Board shall be decided by a majority of the members present and voting.

            (2) Any member disagreeing with the decision of the Board may enter a note of dissent which shall form a part of the record of the proceedings.

            (3) The Board shall have power to consult such   persons as it may in its opinion be necessary to consult.

15. Proceeding of Board not to be open to the public. Unless otherwise directed by the Chairman the proceedings the Board shall not be open to the public.
16. Committees.(1) If any question relating to a coal mine is referred to a Committee, it shall consist of –

• the Chairman to be nominated by Government or such officer or authority as Government may authorize in this behalf;

• a person nominated by the Chairman and qualified by experience to dispose of the question referred to the Committee; and

• two persons, one of whom shall be qualified Mining Engineer having sufficient experience in mining field nominated by the owner, agent or manager of the coal mine concerned, and the other shall be nominated by Government to represent the interests of the persons employed in the coal mine.

(2)  No Inspector or person employed in or in the management of any coal mine concerned shall serve as Chairman or Member of a Committee appointed under this rule.

             (3) Where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub-rule(1), the Committee may, notwithstanding such failure, proceed to inquire into and dispose of the matter referred to it.

            (4) The Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the coal mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the coal mine, and shall report its decision to the Board.

            (5)On receiving such report, the Board shall pass orders in conformity therewith unless the Chief Inspector or the owner, agent or manager of the coal mine has lodged an objection to the decision of the Committee, in which case the Board may proceed to review such decision and to pass such order in the manner as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or the manager of the coal mine.

            (6)The Board may give as to the remuneration, if any, to be paid to the members of the Committee or any of them, and as to the payment of expenses of the inquiry including such remuneration.

17. Powers of Mining Board and Committee.(1) The Mining Board and Committee constituted under these rules may exercise such powers of an Inspector under these rules as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it.

            (2) The Mining Board and Committee shall have the powers of the Civil Court under the Code of Civil Procedure, 1908(Vof 1908) for the purpose of enforcing the attendance of witness and compelling the production documents and material objects, and every person required by Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so with the meaning-of section 176 of the Pakistan Penal Code (XLV of 1960).

CHAPTER-V

COAL MINE MANAGEMENT

18. Notice before commencement of mining operations. (1) Every owner, agent or manager of a coal mine shall, in the case of proposed mining operations, not less than fifteen days before the commencement of such operations, give notice to the Chief Inspector or the Inspector concerned.

            (2) If the proposed operations in respect of which notice is given are not commenced within sixty days from the date on which notice was given, the said notice shall be deemed to have expired and no operations shall commence except after a fresh notice has been given in accordance with above rule.

            (3) The notice shall specify the name and situation of the coal mine, name and address of the owner, agent and manager, the date and number of registration certificate issued under rule 8.

19. Managers. (1)Save as may be otherwise prescribed, every coal mine shall be under one manager who shall have the qualification(s) under rule 20, and shall be responsible for the control or management and direction of the coal mine and the owner or agent shall appoint himself or some other person, having such qualification, to be such manager.

               (2) If any coal mine is worked without there being a manager for the coal mine as required by sub-rule (1), the owner and agent shall each be deemed to have contravened the provisions of this rule.

                  (3) For the purposes of this chapter every system of underground workings interconnected in such a manner that the communication is practicable from any one part of the system to any other part by means of underground channels shall be deemed to constitute one mine. If access from one system of underground workings to another such system is not so practicable each such system shall be deemed to constitute a separate mine.

               (4) A duly qualified manager may be permitted by order in writing of the Chief Inspector to manage more than one coal mine, if the Chief Inspector is of opinion that the coal mines supervised by him are sufficiently near to one another to permit of effective supervision being exercised, and that an adequate subordinate supervising staff is maintained at each coal mine. The Chief Inspector may at any time, by order in writing revoke any such permission and such order shall be final.

               (5) Save as provided by sub-rule (4), no person shall act as manager of more than one coal mine.

               (6) No person shall be employed in a coal mine as manager unless he is paid by and is directly answerable to the owner of the coal mine.

               (7) The owner or agent of a coal mine shall not take any part in the technical management of the coal mine unless he holds qualifications  equivalent to or higher than those of the manager.

20. Coal mine Officials. Save as otherwise provided under rule 22 –

• no person shall act as manager of a coal mine, the average monthly output of which exceeds 2500 tons, unless he holds a first class manager’s certificate granted under these rules;

• no person shall act as manager of a coal mine, the average monthly output of which exceeds 600 tons, unless he holds first  or  second  class  manager’s  certificate granted under these rules;

• no person shall act as manager of a coal mine, the average monthly output of which does not exceed 600 tons, unless he holds a first or second class manager’s certificate or a manager’s permit granted under these rules:

Provided that (a) the Chief Inspector may, by order in writing, direct that in the case of any such coal mine as is referred to in clause (b); the manager there of shall be holder of a first class manager’s certificate granted under these rules, and that in the case of any such coal mine as is referred to in clause(c); the manager thereof shall be the holder of a first or second class manager’s certificate granted under these rules:

               Provided further that an appeal against any order passed by the Chief Inspector under the foregoing proviso shall lie to the Mining Board constituted under these rules and the order of the Mining Board shall be final.

21. Administrative and financial powers of a manager. (1) The owner or agent of a coal mine shall provide to the manager of the coal mine, appointed under these rules, adequate security of service and administrative and financial powers for enabling him to efficiently discharge his duties in accordance with the provisions of these rules.

     (2) The owner or agent of a coal mine shall in the case of a manager already appointed or in the case of new appointment of a manager within seven days of such appointment, send to the Chief Inspector the terms and conditions of his appointment and the details of administrative and financial powers delegated to him.

22. Authorized person to act as manager. (1) The Chief Inspector may, by order in writing, authorize any person, whom he may consider competent, to act as manager of any coal mine for a specified period, notwithstanding that such person does not possess the qualifications of manager in that behalf and may by a like order revoke any such authority at any time and such order shall be final.

(2) In every coal mine, personal supervision shall be exercised by the manager.

            (3) Where by reason of absence or for any other reason the manager is unable to exercise personal supervision, the owner, agent or manager shall authorize in writing a person whom he considers competent to act as manager of the coal mine having technical qualification with experience of coal mine of at least five years:

            Provided that –

• such person holds a manager’s certificate or a Sirdar’s certificate;

• no such authorization shall have effect for a period in excess of one month except with the previous consent of the Chief Inspector nor without the like consent, shall a second authorization be made to take effect upon the expiry of the first;

• the owner, agent or manager, as the case may be, shall send to the Chief Inspector with the least possible delay, a written notice intimating that such an authorization has been made, and stating the reason for authorizations and qualifications and experience of the person authorized and the dates of the commencement and ending of the authorization; and

• the Chief Inspector may by order in writing revoke any authority so granted and such order shall be final.

23. Supply of proper materials and appliances. (1) The manager of every coal mine shall ensure that a sufficient supply of proper materials and appliances for the purpose of carrying out the provisions of these rules and ensuring the safety of the coal mine and the persons employed therein, is always provided at the coal mine, and, if he be not owner or agent of the coal mine, he shall report in writing to the owner or agent of the coal mine, when anything is required for, the aforesaid purposes that is not within the scope of his authority to order.

            (2) A copy of every report made under sub-rule (1) above shall be kept in the office at the coal mine.

24. Supervision of operations. (1) The manager of every coal mine shall authorize in writing such number of competent persons as will be sufficient to secure a thorough supervision of all the operations in the coal mine and the enforcement of the requirements of these rules, and shall assign to every such person his particular duties, shall on his authorization, make over to him a copy of these rules, which affect him and shall take all possible steps to ensure that every such person understands, carries out and enforces the provisions contained therein. No person shall be authorized in this regard unless he is paid by the owner of the coal mine and is directly answerable to the owner, agent or manager of the coal mine.

            (2) Copies of all appointments made under sub-rule (1) and all authorizations made under these rules shall be entered in a bound paged book kept in the office at the coal mines.    

(3) Every manager shall on appointment satisfy himself that all persons already authorized under sub-rule (1) or authorized under these rules to discharge any functions are competent to perform the duties assigned to them.

25. Sub-ordinate to the manager. Every person employed underground in a coal mine as an official sub-ordinate to the manager and superior to the underground Sirdar, shall hold diploma of Associate Engineer in mining technology or manager’s certificate or Sirdar’s certificate granted under these rules.
26. Surveyor’s certificate. No person shall be employed as a surveyor in a coal mine unless he hold surveyor’s certificate granted under these rules.
27. Employment of winding engine man. No person shall be employed as a winding engine man unless he has attained the age of twenty five years, and the manager, before appointing any such person, satisfy himself that such person is competent to perform the duties assigned to him. .
28. 28. Duties and Responsibilities of Owners, Agents and Managers.(1) The owner, agent and manager of every coal mine shall be responsible that all operations carried on in connection therewith are conducted in accordance with the provisions of these rules and of any orders made thereunder.

            (2)  In the event of any contravention of any such provision by any person whomsoever, the owner, agent and manager of the coal mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all reasonable means in this regard.

CHAPTER-VI

CERTIFICATE OF COMPETENCY,

PERMITS AND AUTHORIZATIONS

29. (1) There shall be constituted a Board  of Examiners for the purposes of these rules, which shall consist of the Chief Inspector, who shall be the  Chairman of the  Board,  and  of three Members having degree in Mining Engineering with first class certificate of competency to  serve on  the  Board,  who  shall be appointed by Government for a term of three  years:

            Provided that on the expiry of any term for which he has been appointed, any Member shall be eligible for re-appointment.

            Explanation. – The “Board” hereinafter referred to in this Chapter shall mean the Board of Examiners.

            (2)  A Member of the Board (other than the Chairman) shall receive such remuneration as the Government may fix.

30. (1) Certificates under these rules shall be granted by the Board and all decisions of the Board regarding the grant of such certificates shall be final.

(2)  Certificates  granted by  the  Board  shall  be  valid  throughout  the  Provinces and  the Capital of the Federation and shall be of the following kinds:-

• first and   second  class  certificates  of  competency  to  manage  a  coal mine;
• surveyor’s certificates of  competency to  survey   the  working  of  a  coal mine;
• sirdar’s certificates to make the inspection of coal mines;
• shot-firers’ certificates of competency to fire shots in a coal mines.

31. (1) Certificates shall be granted to candidates after such examination and in such form as the Board may prescribe from time to time.

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

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

            (4) The Board may conduct the examinations and shall, so far as may be practicable, provide that the standard of knowledge requisite for the grant of certificates of any particular class shall be uniform throughout the   Provinces and the Capital of the Federation.

32. Publication of date and place. Full information  regarding the date and place of each examination for managers’ and surveyors’ certificates shall be published under the orders of the Board in such publications and at such  intervals as the Board may direct, during a period of not less than three months prior to the date  fixed by the Board for receiving applications.
33. First Aid Certificate. No person shall be admitted as a candidate at any examinations for a manager’s certificate unless he has gained a First Aid Certificate of the St. John Ambulance Association or other Society or body approved by Government

            Provided that if any candidate satisfies the Board that he has not had sufficient opportunity to obtain a certificate, the Board may admit him to the  examination on such conditions, if any, as it thinks fit to impose.

34. Age of candidate for manager’s certificate. No person shall be admitted as a candidate at any examination for a first class manager’s certificate unless he has attained the age of twenty five years, and has satisfied the Board that he has had practical experience in a coal mine for a period of not less than five years;

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

35. Age of candidate for second class manager’s certificate. No person shall be admitted as candidate at any examination for a second class manager’s certificate unless he has attained the age of twenty three years, and has satisfied the Board that he has had practical experience in a coal mine for a period  of not less than three years;

            Provided that this period shall be reduced to two years in the case of a candidate who has received a diploma or certificate in scientific and mining training after a course of study of at least two years at an educational institution approved in this behalf by Government, and one year for a person who has taken a degree in scientific and mining subjects at a University approved in this behalf by Government.

36. Practical experience. (1) The period of practical experience in a coal mine may, subject to such conditions as the Board thinks fit, be reduced at the discretion of the Board.

            (2) The experience acquired by the Inspector of Coal Mines or Inspector of Mines shall be treated as practical experience for the purpose of manager’s certificate of competency.

37. Nature of practical experience. The Board shall examine and decide whether the nature of practical experience of a candidate fulfill the requirement or not, and the decision of the Board shall be final in this behalf.
38. Age of candidate for surveyor’s certificate. No person shall be admitted as a candidate at any examination for a surveyor’s certificate unless he has attained the age of twenty three years and has satisfied the Board that he has had two years practical experience of surveying, of which at least six months shall have been practical experience of surveying the underground workings of a coal mine.

                 Explanation.For the purposes of this rule, approved attendance at classes in theoretical and practical surveying at a technical institution approved in this behalf by the Board shall be considered to be practical experience of surveying other than practical experience of surveying the underground workings of a coal mine.

39. Age of candidate for sirdar’scertificate.No person shall be admitted as a candidate at any examination for a sirdar’scertificate unless he has attained the age of twenty three years and has satisfied the Board that he has practical experience in a coal mine for a period of not less than three years:

                 Provided that the period of experience shall be reduced to two years in case of a candidate who has qualified matriculate examination from any board of secondary education.

40. Age of candidate for short-fire’s certificate. No person shall be admitted as a candidate at any examination for short-firer’s certificate unless he has attained the age of twenty three years and  has satisfied the Board that he has had two years’ practical experience of underground work in a coal mine, of which at least six months shall have been practical experience in connection with short-firing.
41. Examination of sirdar’s certificate. The examination for sirdar’s certificate shall be conducted orally, to test the candidate’s knowledge of the following subjects, namely:-

• timbering;
• methods of examination of the roof and sides of working places and traveling roads;
• short-firing as detailed in clause (a) of rule 42;
• mine gases and ventilation;
• the provision relating to the safety of persons employed in mines;
• the methods of testing for and detecting the presence of inflammable gas in strata control in open pit mining.

42. Language of oral test. The examination for short-firers’ certificates shall be conducted orally in Sindhi, Urdu or English and shall be designed to test the candidate’s knowledge of the following subjects, namely:-

• the charging and firing of shorts of gunpowder and high explosives;

• the provisions of the rules relating to the handling and use of explosives; and

• the examination of a working place after shot-firing.

43. Application for admission to an examination. Applications for admission to an examination for first and second class managers’ or surveyors’ certificates shall be made to the Chief Inspector not less than one month prior to the date fixed for the examination. Every such application shall be submitted on a form which shall be supplied free of charge by the Chief Inspector on application made in this behalf.
44. Fees chargeable for application for examination. (1) Applications for admission to an examination shall be chargeable with fees which shall be paid in the manner prescribed under rule 277according to the following scale, namely:-

45. Board to grant certificates. (1) (i) The Board may grant to any person holding a manager’s certificate, a surveyor’s certificate or a certificate equivalent to a sirdar’s certificate, granted under any law or the rules made thereunder, for the time being in force in any other country, a certificate of a similar class under these rules, and may grant to any person holding a certificate of proficiency in coal mining, and surveying, a manager’s or surveyor’s certificate:

                 Provided that in each of the aforesaid cases, the person satisfies the Board with documentary evidences that he –

• possesses the requisite knowledge and experience;

• has undergone for a period of not less than six months, a course of practical training in the manner prescribed by the Chief Inspector in any mine in Pakistan;

• has also passed, in case of an applicant for a manager’s certificate, such examination in mining legislation and mine management as the Board may prescribe;

• produces a certificate of good character from his previous employer and also from the agent or the manager of the coal mine at which he took his practical training as prescribed by the Chief Inspector for the purpose,

            (ii) If a person intends to apply for a certificate referred to in sub-rule (a), he shall before commencement of his practical training in Pakistan, submit an application in the form set out in Form-1 in Schedule-B to  the  Chief  Inspector who  may  before according approval, impose such conditions as he may consider necessary.

            (2)The following fees shall be chargeable in respect of application for certificates to be issued under this rule:-

(3) The fees shall be paid in the manner prescribed in rule 277.

46. 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 rules, the Board may,  upon  such terms and conditions as it thinks fit, cause a copy of the certificate to be delivered to him.  The word “Duplicate” shall be stamped across every such copy and the following fees shall be payable in the manner prescribed:-

47. The holder of a first and second class manager’s certificate and sirdar’s certificate or shot-firer’s certificate shall deliver such certificate to the owner, agent or manager of any coal mine in which he is, for the time being, employed and such owner, agent or manager shall in exchange for the certificate deliver a receipt for the same to the holder, and  shall retain the certificate so long as the holder thereof is employed in such coal mine, and shall return it to the holder on his ceasing to be so employed, subject to the prior consent of Chief Inspector.
48. Where it appears to Government that any person holding a manager’s certificate or a surveyor’s certificate has been guilty of misconduct or in competency in the discharge of his duties or has been convicted of any offence made punishable under these rules, with fine which may extend to rupees ten thousand, or with simple imprisonment, Government may, if such certificate issued by the Board of Examiners of other Province, cause to refer his case to relevant Board of Examiners from which issued the certificate, for inquiry into the conduct of such person to be made, and with respect to such enquiry the following provisions shall have effect, namely:-

• The inquiry shall be public and shall be held at such place as Government may appoint, and by such person or number of persons as it may direct (hereinafter in  this  rule referred  to  as the Court),  either  alone  or  with  the assistance of any assessor or assessors appointed by Government, such assessors shall be  practical mining engineers or persons with a knowledge of the  practical working of mines. The functions of the assessors shall be purely advisory and they shall not be regarded as members of the Court.

• Government shall, before the commencement of the inquiry, furnish the person whose conduct is under inquiry with a statement of the case on which the inquiry is instituted.

• Government may appoint any person to undertake the management of the case.

• The person whose conduct is under inquiry may attend the inquiry, and may either conduct his case personally or be represented by any other person approved by the Court.

• If a majority of the persons constituting the Court think fit, the persons whose conduct is under inquiry may be required to deliver up his certificate at any time before or during the inquiry, and such person shall be bound to comply with such requisition, unless he shows sufficient cause to the contrary.

• The Court shall, on the conclusion of the inquiry, send to Government a report containing a full statement of the case together with its opinion thereon and such account of or extracts from the evidence as it may think fit, and if it considers that the certificate in question should be cancelled or suspended, it shall add a recommendation of that effect.   In the event of disagreement between the members composing any Court the dissentient or dissentients from the opinion of the majority may forward a separate report to Government with a statement of their recommendations.

• After considering the report or reports and the recommendation, if any, submitted under clause (f), Government may cancel or suspend the certificate and if it does so, the fact of such cancellation or suspension shall, if the certificate is produced, be endorsed upon it and, if it is not produced or at any time a duplicate has been granted under rule 46, be notified in the official Gazette.

49. If, in the opinion of Chief Inspector, a person to whom a sirdar’s certificate or shot-firer’s certificate has been granted is  guilty  of misconduct or incompetence in the  discharge of his duties,  the  Chief Inspector may  suspend  the certificate and such suspension shall be  reported forthwith to the Board and the Board shall thereupon, after such inquiry as it thinks fit either remove or extend the suspension or cancel the certificate, and the decision of the Board shall be final.
50. (1) A permit in these rules referred to as a manager’s permit may be granted by the Chief Inspector at his discretion to any person authorizing such person to act as the manager of any specified coal mine, the average monthly output of which does not exceed 600 tons.

            (2)  All such permits shall be signed by the Chief Inspector and shall be valid for such period not exceeding one year as he may specify therein.

            (3) A fee of rupees three thousand shall be paid by the owner or agent of the coal mine in the manner prescribed in rule 277 in respect of an application for the grant of manager’s permit.

            (4) The Chief Inspector may at any time renew any manager’s permit for a further period not exceeding one year on payment of rupees two thousand.

            (5) A manager’s permit may be cancelled at any time by the Chief Inspector by order in writing without assigning any reason for such cancellation and such order shall be final.

            (6) Notwithstanding anything hereinbefore contained, no manager’s permit shall be granted or renewed to any person who is not the holder of a sirdar’s certificate.

51. A register showing the names and addresses of all holders of certificates or permits granted under these rules and all cancellations of such certificates or permits shall be maintained in the office of the Chief Inspector.
52. Date and place of examination. (1) The Board shall from time to time hold examinations under these rules.

            (2) The date, time and place of examination for first or second class managers or surveyors certificates shall be fixed by the Board and be notified under rule 32.

53. Examination. (1) An examination for grant of a certificate excluding sirdar certificate and shot-fire certificate shall be conducted partly in writing and partly oral by including viva-voce and practical in English or Urdu or any regional language approved by the Board in the subjects mentioned in Form-I in Schedule-C.

(2) An examination for grant of a sirdar certificate and short-fire certificate shall be conducted in the subjects as specified by the Board.

            (3) Where a candidate has cleared the examination under sub-rule (2), his eye-sight and hearing power shall be tested in Urdu or Sindhi.

            (4) The papers for the examination shall set subject-wise as indicated in Form-II in Schedule-C.

            (5) The maximum marks of each paper and oral viva-voce examination and the time allowed for the solution of the papers shall be as indicated in Form-II in Schedule-C.

            (6) A candidate will be required to obtain at least forty percent marks in each paper and at least sixty percent in the aggregate.

            (7) A candidate who has failed in any one paper and has secured more than forty percent marks in all other papers shall be given two more chances to clear that paper and thereafter he will be required to reappear in all the papers.

54. Eligibility for examination. Any person who fulfills the conditions described under rules 32 to 40 shall be eligible to appear in the examination.
55. Submission of applications for examination. (1) An application for admission to an examination for first and second class manager’s or surveyor’s certificates shall be made in accordance with rule 44.

            (2) Application for other examination may be made at any time but examination will be held when sufficient number of applications for such examinations is received by the Board; provided that one such examination shall be conducted once in two years.

            (3) Every application under sub-rules (2) and (3) shall be accompanied by original certificate(s) of experience mentioned under rules 32 to 40, character certificate and receipted treasury challan in respect of fee payable under these rules.

            (4)Any application submitted otherwise than in accordance with the foregoing provisions shall not be entertained.

56. Appointment of Local Examiners and other staff. (1) For the purpose of conducting examination, the Board shall from time to time appoint local examiners, external examiners and such other staff including Superintendents and Invigilators as it may consider necessary for an examination on such terms and conditions as it may determine.

            (2) The qualification of the local examiners and of the staff mentioned in sub-rule (1) shall be specified in Form-III in Schedule-C.

            (3) While appointing local examiners, due regard shall be given to their qualifications, experience and technical ability and their general reputation in the field.

            (4)The local examiners and Superintendents and Invigilators shall in addition to the duties assigned to them under these rules shall perform such other duties in connection with the examinations as may be assigned to them by the Chairman.

            (5)  No member shall be appointed as local examiner.

57. Setting of paper. (1) The local examiners shall set papers for examination in their respective subjects.

            (2) The local examiners while setting the paper for examination shall provide complete solutions in case of numerical questions.

            (3) The papers set for first class and second class and surveyor’s certificate shall be finally approved by the Board which may at its discretion change, amend or revise the papers.

            (4) The papers set for sirdar’s certificates and shot-firers certificate or any other equivalent examination shall be prepared in consultation with the Inspector nominated by the Board to act as internal examiner.

            (5) The examiner shall comply with all instructions issued by the Chairman of the Board in connection with the setting of paper and marking of answer sheets, dispatch of marked answer book, sheets and conduct of viva-voce examination.

58. Appearance of candidate in examination. (1) No candidate shall be allowed to appear in any examination until he has produced an authorization from the Board.

            (2) A date sheet, roll number, mentioning the time and place of examination (written or oral) shall be supplied to each candidate by the Board at least a fortnight before the commencement of the respective examination.

            (3) Every candidate shall mark his attendance in a register produced by the Superintendent or invigilator at the center of the examination.

            (4) Every candidate shall write his roll number, subject paper and date on the top corner of the answer book.

            (5) The number of question shall be given in bold letter before attempting to answer any question.

            (6) All questions shall be answered in ink except drawings.

            (7)All calculations and rough work pertaining to any question shall be clearly shown in the marginal portion of the answer sheet.

            (8) Answer shall be strictly confined to the questions asked.

            (9) Sketches may be made to make the answer clear.

            (10) No candidate shall be allowed to keep or take arms, ammunition or any other lethal weapon along with him to the examination center.

59. Submissions of photographs, etc. (1) At the time of examination of sirdar’s certificate or shot-firer’s certificate or any other equivalent examination, every candidate shall handover to the local examiner, two passport size photographs duly attested by a Gazetted Officer and one of the examiner shall endorse the photographs on its back with the name of the persons represented.

            (2) Before examining a candidate, the local examiner shall satisfy himself that –

• the photographs handed over by the candidate are in likeness of the candidate;

• the candidate has attained the age of twenty three years;

• the candidate has prescribed underground practical experience in a coal mine;

• the power of eye-sight and hearing of the candidate are such as to enable him to make underground inspection efficiently.

            Explanation.(i) Any candidate found using unfair means in the examination shall be debarred from taking examination by the Board for such period as it may determine. Any threat or pressure exercised by or on behalf of the candidate over the examiner, Superintendent, Invigilator, Secretary, or Member shall be regarded as an unfair means.

            (ii) When the time allowed for answering the question is over or the candidate having been found using unfair means during the examination shall immediately handover his answer book to the Superintendent, Invigilator or Secretary or to any Member, as the case may be, and shall leave the place of the examination immediately.

            (iii) Any candidate reported to have misbehaved in the examination center with any of examiners; Superintendent, Invigilator, Secretary, Member or Chairman shall be liable to be debarred from the examination for such term as may be determined by the Board.

60. Result. (1) After the examination, the result shall be compiled and published by the Board in such manner as it deems fit.

            (2)The result shall also be communicated by the Secretary of the Board to the individual candidates at their given address.

            (3)For sirdar certificate examination, the successful candidates shall be required to sign or to affix their thumb impression on the certificate in the presence of an Inspector or the Secretary of the Board.

            (4)The successful candidates shall be informed of the place time and the officer before whom they sign or affix thumb impression.

 CHAPTER-VII

HEALTH AND SAFETY

61. Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous. (1) If, in any respect when it is not provided against by any express provision of these rules or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any coal mine, or any part thereof or any matter, thing or practice in or connected with the coal mine, or with the control, management or direction thereof, is dangerous to human life, health or safety, or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the coal mine, and shall state in the notice the particulars in which he considers in coal mine, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time as he may specify in the notice.

            (2)  Without prejudice to the generality of the provisions contained in sub-rule (1), the Chief Inspector or the Inspector may, in any area to which  Government may, by order in writing addressed to the owner, agent or manager of a coal mine, prohibit the extraction or reduction of pillars in any part of the coal mine if, in his opinion, such operation is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger the coal mine, or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the coal mine in which such operation is contemplated and for restricting the area that might be affected by a fire or flooding., and the provisions of sub-rules (4), (5), (6) and (7) shall apply to an order made under this sub-rule as they apply to an order made under sub-rule (3).

(3)  If the Chief Inspector or an Inspector authorized in this behalf by general or special order in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the life, health or safety of any person employed in any coal mine or part thereof, he may, by an order in  writing containing a  statement of the grounds of his opinion, prohibit, until the danger is removed, the employment in or about the coal mine or part thereof any person where employment is not in his opinion reasonably necessary for the purpose of removing the danger.

(4)  Where an order has been made under sub-rule (3) by an Inspector, the owner, agent or manager of the coal mine may, within ten days after the receipt of the order, appeal against the same to the Chief Inspector who may confirm, modify or cancel the order.

(5)  The Chief Inspector or the Inspector making a requisition under sub-rule (1) or an order under sub-rule (3), and the Chief Inspector making an order (other than an order of cancellation) in appeal under sub-rule (4), shall forthwith report the same to Government and shall inform the owner, agent or manager of the coal mine that such report has been so made.

(6) If the owner, agent or manager of the coal mine objects to a requisition made under sub-rule (1) or to an order made by the Chief Inspector under sub-rule (3), or sub-rule (4), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to Government for final decision.

            (7) Every requisition made under sub-rule (1), or order made under sub-rule (3), or sub-rule (4), to which objection is made under sub-rule (6), shall be complied with pending the receipt at the coal mine of the decision of Government:

            Provided that Government may, on the application of the owner, agent or manager, suspend the operation of a requisition under sub-rule (1) pending its decision on the objection.

            (8) Nothing in this Rule shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (5 of 1898).

62. Notice to be given of accidents. (1) Wherever there occurs in or about a coal mine –

• an accident causing loss of life or serious bodily injury; or

• an accidental explosion, ignition, spontaneous heating, outbreak of fire or eruption or inrush of water or other liquid matter; or

• an influx of inflammable or noxious gases; or

• a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline; or

• an over winding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or

• an electric shock or burn caused by contact with a conductor carrying more than 25 volts; or 

• any other accident that may be to above, the owner, agent or manager of the coal mine shall give notice of the occurrence to Chief Inspector and an Inspector forthwith in such form and in such time as may be determined by him.

            (2) Where a notice given under sub-rule (1) relates to an accident causing loss of life, the Inspector shall make, or, where the authority receiving the notice is one other than the Inspector, the Chief Inspector shall cause the Inspector to make an inquiry into the occurrence as early as possible on receipt of such notice or on information received otherwise.

(3)  When an accident causing loss of life occurs, the place of the accident shall not be disturbed or tampered with for three clear days from the date of such accident unless the Inspector has earlier inspected it or given intimation that it is not proposed to make an inquiry:

            Provided that the place of accident may be disturbed if it is necessary for securing the safety of the coal mine or the persons employed therein, subject to the following conditions:-

• the decision that it is necessary to disturb the place must be taken by the manager;
• the disturbances must not prejudice subsequent investigation;
• the workers’ representative must have reasonable opportunity to inspect the place if he wishes;
• an accurate plan must be made, and copies thereof  made available to the Inspector and the workers, representative; and
• everything which is relevant to the accident must be preserved, as far as possible, in the condition in which it was at the time of the accident.

            (4) The accidents other than those specified in sub-rule (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty-eight hours, shall be entered in a register.

63. Power of Government to appoint Court of inquiry in cases of accidents. (1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in or about any coal mine, Government, if it is of opinion that a formal inquiry into the causes of, and circumstances attending the accident ought to be held, may appoint a competent person(s) to hold such inquiry, and may also appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry.

            (2) The person(s) appointed to hold any such inquiry shall have all the powers of a Civil Court under the Code of Civil Procedure 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Pakistan Penal Code (40 of 1860)

            (3) Any person holding an inquiry under this rule may exercise such of the powers of an Inspector under these rules as he may think it necessary or expedient to exercise for the purposes of the inquiry.

(4) The person holding an inquiry under this rule shall make a report to Government stating the causes of the accident and its circumstances, and adding any observation which he or any of the assessors may think fit to make.

(5) Government may cause any report submitted by a court of inquiry under this rule to be published at such time in such manner as it may think    fit.

64. A court of inquiry appointed under rule 63 shall, in the case of a person whose death may have been caused by an accident in a coal mine with respect to which an inquiry is being held, permit any of the following persons to attend and examine any witness, either in person or by his counsel, solicitor, pleader or agent, subject to the power of the court to disallow any question which, in its opinion, is not relevant or proper:-

• a relative of the deceased person;
• any eye witness of an accident occurrence;
• the owner, agent or manager of a coal mine in which accident occurred, and
• a person appointed by an order in writing in that behalf by –

• a majority of the workmen employed at that said coal mine;
• an association of the workmen to which the deceased belonged at the time of his death;
• an association of the employers of which the owner of the said coal mine is member, or
• an association to which any official or a workman employed in the said coal mine belongs

65. If a court of inquiry appointed under rule 63 find that the accident was due to any carelessness or negligence on the part of the management, the court may order the owner, agent or manager of the coal mine to pay all or any part of the expenses of the inquiry, and the amount so directed to be paid may, on the application of the Chief Inspector or an Inspector, where such owner, agent or manager is for the time being resident, be recovered by the distress and sale of any movable property to such owner, agent or manager.
66. Personal Protective Equipment.

(1) Safety Hats/Helmets :-(i)No person shall be allowed to work or to be present at any place where a danger of head injury exists unless he is provided with and wearing a suitable safety hat/helmets.

(ii)Every person employed at surface during day time shall be provided suitable hats/helmets to protect against sun.

            (2) Safety Goggles :-(i)No person shall be allowed to work or to be present at any place where danger of injury to the eye from flying or falling particles or objects exists, unless he is provided with and wearing an impact type safety goggles.

                    (ii) No person shall be allowed to perform electric or acetylenes gas cutting or welding or to be present near such operations unless he is provided with and wearing a suitable shaded safety goggles.

(3) Safety Gloves: – No person shall be allowed to handle rough or moving surface unless he is provided with and wearing a suitable hand gloves.

            (4) Safety Shoes: – No person shall be allowed to work at any place where there is a reasonable danger of foot injury, he is provided with and wearing a safety shoes.

(5) Loose Clothing: – No person while wearing a neckties, guntlet type gloves and baggy, loose or raged clothing shall be allowed to work or to be present around moving machinery.

(6) Breathing Apparatus :-(i) No person shall be allowed to enter any place where noxious gases are present or there is deficiency of oxygen unless he has been provided with and is wearing a breathing apparatus of suitable type.

        (ii) In all working places where the atmosphere is likely to become irrespirable by any reason sufficient number of breathing apparatus of suitable type and in good working order shall be available to allow escape of all persons employed at that place and also to conduct rescue and recovery if so necessary, and all persons employed at such place shall be adequately trained in the use of such breathing apparatus.

                    (iii) No person, wearing a self-contained breathing apparatus, shall enter or to be allowed to enter an irrespirable atmosphere unless he is accompanied by another person wearing a breathing apparatus.

            (7) Masks: – Canister and filter type mask shall be used as breathing apparatus only in that irrespirable atmosphere for which they are designed and shall not be used in a place where the oxygen content of the atmosphere is less than 17 % by volume.

            (8) Hose masks:-(i) No person shall use or be allowed to use a fresh air hose mask unless he is wearing a safety belt with a life line and another person is appointed with no other duties except to be in constant communication with the persons wearing the mask and to ensure that he gets an uninterrupted supply of air.

            (ii) The air being supplied to the mask whether from atmosphere, storage cylinder or compressor shall be tested to be free of toxic vapors.

(9) Dust Masks. (i) Persons actively engaged in any operations connected with coal mine producing dust and constant inhaling of which may result in lung injury shall wear dust masks.

            (ii) Where a dispute arises about the injurious nature of dust the decision of the Inspector in writing assigning reasons thereof shall, subject to the appeal to Chief Inspector, shall be final.

67. Drinking water: At every coal mine, a sufficient supply of wholesome and cool drinking water shall be provided and maintained on the surface and underground for all work-person at suitable points close to the place where they are employed. Drinking water shall in all cases be supplied to employees free of cost and shall be periodically examined by qualified medical practitioner who shall certify in writing that it is wholesome or not.
68. Underground working places. At every coal mine special arrangements shall be made for keeping all the underground working places and travelling roads or paths neat and clean.
69. Conservancy. There shall be provided and maintained for every coal mine latrine and urinal accommodation in good sanitary condition as the Chief Inspector may specify in writing.
70. Canteens. The owner of every coal mine wherein more than one hundred persons are ordinarily employed, a canteen shall be provided for the use of persons employed therein.
71. Shelters: There shall be provided and maintained for use of persons working above ground in a coal mine, during intervals of rest, shelters of such standard and on such scale as may be prescribed by the Chief Inspector.
72. 72. Medical Appliances: In or at every coal mine, there shall be provided and kept in good condition and ready for immediate use at a convenient place on the surface and also, if the Chief Inspector by order in writing directs in the case of coal mines, underground –

• an ambulance and suitable constructed stretcher or stretchers with blankets and hot water bottles; and

• a box or boxes containing sufficient supply of suitable splints and triangular bandages, sterilized wound and burn dressings, sterilized cotton wool, adhesive plaster, roller bandages, two percent alcoholic solution of tincture iodine, a bottle of meat or coffee extract or other stimulant with a drinking vessel, a bottle of eye drops, a tourniquet, scissors, safety pins and other materials, medicines or appliances which the Chief Inspector may deem necessary for the treatment of injuries or diseases and may require the provision of the same by a written order.

73. First-aid rooms. (1) At every coal mine, there shall be provided first-aid room(s) at a convenient place on the surface having a floor space of not less than 100 square feet with adequate arrangements for lighting and ventilation.

            (2) The first-aid room shall be exclusively used for the first-aid purposes and marked “FIRST AID” on the door.

            (3) The first-aid room shall be placed under charge of such person or persons who are qualified medical practitioners or compounder-cum-dressers and are always readily available during the working hours.

            (4) The first-aid room shall provide with the following:-

• a table, with a cupboard, of convenient height and size whereon the stretcher could be placed;
• a bench or four chairs and one screen;
• a glazed sink with running hot and cold water;
• soap, towels and a nail brush;
• a pair of artery forceps;
• one eyebath;
• two clinical thermometers;
• a set of hypodermic syringes (5cc), (10cc) with suitable needles;
• a set of sterilizer bowl with arrangements for boiling water;
• one stethoscope;
• an adequate supply of anti-tetanus serum ;
• means of conveyance, always readily available, for the speedy and safe removal of serious cases of accidents or sickness to hospitals.

74. Types of Occupational Diseases. The following shall be the occupational diseases:-

• Pneumoconiosis
• Carcinoma of the lung
• Nystagmus
• Dermatitis
• Heat Stroke
• Carbon Mono Oxide Poisoning
• Loss of hearing Acuity
• Tuber CulosisVerrucosa
• Tunnel Workers Annemia
• Tetanus

75. Notice of Occupational Diseases: (1) Where any person employed in coal mine contracts or is believed to have contracted any disease specified as an occupational disease peculiar to any coal mining operation the owner, agent or manager of coal mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities as soon as possible for taking further necessary action along with remedial measures.

            (2)Government may, by order, appoint such qualified medical practitioner(s) on such terms and conditions as it thinks fit to be certifying doctor(s) for the purpose of practical examination of workers to detect occupational diseases.

            (3)  If the Chief Inspector or an Inspector has reason to believe that any person working in a coal mine has contracted a disease notified under rule 74, he may refer that person to the certifying doctor for his opinion.

            (4) If any qualified medical practitioner attends on a person who is or has been employed in coal mine and who is or is believed by the medical practitioner to be suffering from any occupational disease, the medical practitioner shall without delay send a report in writing to the Chief Inspector stating –

• the name and address of the patient;
• the disease from which the patient is or is believed to be suffering; and
• the name and address of the coal mine in which the patient is or was last employed.

            (5)Where the report under sub-rule(4) is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying doctor that the person is suffering from disease, the Chief Inspector shall direct the owner, agent or manager of the coal mine in which person contracts the disease bear all expenses of his treatment, shall pay to the medical practitioner such fee as may be prescribed, and the fees so paid shall be recoverable as an arrear of land revenue under the Land Revenue Act, 1965, from the owner, agent or manager of the coal mine in which the person contracted the disease

CHAPTER VIII

HOURS AND LIMITATION OF EMPLOYMENT

76. Weekly day of rest. No person shall be allowed to work in a coal mine on more than six days in any one week.
77. Hours of work above ground. (1) A person employed above ground in a coal mine shall not be allowed to work for more than forty eight hours in any week or for more than eight hours in any day.

            (2) The  periods of work of any  such  person shall be so arranged that,  alongwith his intervals for rest,  they shall not in any day spread over more  than  twelve hours, and  that he shall not work for more than six hours before he has had an interval or rest of at least one hour.

            (3) The persons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment:

            Provided that for the purposes of this sub-rule, persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times.

78. Hours of work below ground. (1) A person employed below ground in a coal mine shall not be allowed to work for more than eight hours in any day.

            (2) The work of the same kind shall not be carried on below ground in any coal mine for a period spreading over than eight hours in any day except by a system of relays so arranged that the periods of work for each relays are not spread over more than eight hours.

            (3) No person employed in a coal mine shall be allowed to be in any part of the coal mine below the ground except during the periods of work shown in respect of him in the register kept under sub-rule (1) of rule 96.

79. Special provision for night relays. Where  a worker  works  in a relay whose period of work extends over midnight, the ensuing day for him shall be deemed to be the period of twenty-four hours beginning at the end of the period  of work fixed for the relay, and the  hours he has worked after midnight shall be counted towards the previous day.
80. Prohibition of employment of certain persons. No person shall be allowed to work in a coal mine who has already been working in any other coal mine within the preceding twelve hours.
81. Notice regarding hours of works.(1) The manager of every coal mine shall cause to be posted outside the office of the coal mine a notice in prescribed form stating the time of the commencement and of the end of work at the coal mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relays, the notice shall also state the time of commencement and of the end of the intervals for rest fixed for persons employed above ground. A copy of each such notice shall be sent to Chief Inspector, if he so requires.

(2) Where  it is proposed to make  any alteration in the time fixed for the commencement or for the end of work in the coal mine generally or for any relay or in  the  rest  intervals  fixed  for persons employed  above ground,   an  amended notice  in  the  prescribed form shall be posted outside the office of the coal mine not less than seven days before the change is made, and a copy of such notice shall be sent to Chief Inspector, not less than seven days  before such  change.

(3) No person shall be allowed to work in a coal mine otherwise than in accordance with the notice required by sub-rule (1).

82. Employment of women. (1) No woman shall be employed in any part of coal mine which is below ground.

            (2) No woman shall be allowed to work in a coal mine above ground between the hours of7 P.M. and 6 A.M.

            (3) The provisions of this rule shall not apply to women who do not perform manual work and are –

• holding positions of managerial or technical character; or

• employed in health and welfare services.

83. Supervising staff. Nothing in rule 77, 78, 80, sub-rule (3) of rule 81,or in rule 82,shall apply to persons holding responsible position of managerial or technical character or employed in health and welfare services or employed in any confidential capacity.
84. 84. Exemption from provisions regarding employment. (1) In case of an emergency involving serious risk to the safety of the coal mine or of persons employed therein, the manager may, subject to the provisions of rule 61, permit persons to be employed in contravention of rule 76, rule 77, rule 82, or rule 80 on such work as may be necessary to protect the safety of the coal mine or of the persons employed therein:

            Provided that where such occasion arises, a record of the fact shall immediately be made by the manager and shall be placed before the Chief Inspector or the Inspector at his next inspection of the mine.

            (2) When as a result of grant of an exemption to any coal mine from the provisions of rule 76, any person employed therein is deprived of any of the weekly days of rest, he shall be allowed within two months from the date on which the weekly day of rest was due, compensatory days of rest equal in number to the days of rest of which he has been deprived.

            (3)  In case of prescribed processes which are required by their nature to be carried on continuously by a succession of shifts, the limit of hours of work provided in rule 77or rule 78 may, with the prior approval of the Chief Inspector, be raised to not more than fifty-six hours in any week or ten hours in any day.

            (4) In exceptional cases of pressure of work, the Chief Inspector may  grant temporary exemption to a coal mine from the provisions of rule 76,  rule 77or  rule 78 for a period not exceeding ninety days in any calendar year,  within the maximum  limits of –

• ten hours of work on any one  day, and
• twelve hours of spread over, inclusive of intervals for rest or meal, in any one day.

            (5) Subject to the maximum limits specified in sub-rule (4), Government may, by order, grant permanent exemption, to such extent and subject to such conditions as may be specified in the order, to a class of workers engaged either on preparatory of complementary work which must necessarily be carried on outside the coal mines or on work which is essentially intermittent.

85. 85. Extra wages for overtime. (1) Where in a coal mine, a person works for more than eight hours in any day or works for more than forty-eight hours in any week, whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favorable to him.

            Explanation.- In this sub-rule, ‘ordinary rate of wages’ means all  remuneration capable of being expressed in terms of money which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include –

• the value of any house-accommodation, supply of light, water, medical attendance or other amenity;
• any contribution paid by the owner to any pension fund or provident fund;
• any travelling allowance or the value of travelling concession;
• any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
• any gratuity, bonus, overtime, allowance or share in profits of the mine.

            (2) Where any person employed in a coal mine is paid on a piece-rate basis, Government in consultation with the employer concerned and the representatives of the persons employed in the coal mine may, for the purposes of this rule, fix time rates as nearly as possible equivalent to the average rate of earnings of the persons so employed, and the rates so fixed shall be deemed to be the ordinary rates of wages of such persons.

            (3) Government may prescribe the registers which shall be maintained in a coal mine for the purpose of securing compliance with the provisions of this rule.

86. Children. No child shall be employed in a mine, or be allowed to be present in any part of a mine which is below ground.
87. Young person’s not to be employed without certificates of fitness. No person who has not completed his seventeenth year age shall be employed in any part of a mine, unless –

• a certificate of fitness in the prescribed form and granted to him  by a qualified medical practitioner is in the custody of the manager of the mine; and

• he carries while at work a token giving a reference to such

88. Limitation of working hours for young persons. No person who has not completed his seventeenth year shall be permitted to work in any part of a coal mine, either below ground or above ground unless the hours of work of such person for any day are so fixed as to allow an interval of rest of at least twelve consecutive hours which shall include at least such seven consecutive hours between the hours of 7 P.M. and 7 A.M as may be determined by the Chief Inspector:

            Provided that nothing in this rule shall apply to any such person while employed or permitted to work in any coal mine as an apprentice or for the  purposes of receiving vocational training in such circumstances and in accordance with such conditions as may be determined by the Chief Inspector:

            Provided further that such person shall be granted a rest period of at least thirteen consecutive hours between two working periods.

89. Dispute as to age. (1)Before any person who has not completed his seventeenth year is employed in any coal mine, the manager shall arrange to have examined by a qualified medical practitioner and if after examination the medical practitioner is of opinion that such person is fit for employment in any coal mine, he shall grant him a certificate in the Form -1 in Schedule D.

            Provided that such person shall not be permitted to work in a coal mine, or in any part thereof either below ground between the hours 6pm and 6am.

            Provided further that the restrictions contained in the preceding proviso shall not apply to any such person who is employed as an apprentice or for the purpose of receiving vocational training, if-

• he is declared in writing medically fit by a qualified medical practitioner to work between the hours of 6 pm and 6 am and the declaration is maintained in the office of the coal mine;

• he is employed between the hours of 6 pm and 6 am under the personal supervision of a person of more than 18 years of age;

• he is granted a rest period of at least thirteen consecutive hours between two working periods;

• the galleries in which he is employed are not less than five and a half feet high and have a gradient of not more than vertical and two horizontal.

            (2)If any question arises between the Chief Inspector or the Inspector and the manager of any coal mine as to whether any person is a child or has not completed his seventeenth year, the question shall, in the absence of a certificate as to the age of such person granted, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner.

            (3) Every certificate as to the age of a person which has been granted and any certificate granted by a qualified medical practitioner on a reference under sub-rule (1) shall, for the purposes of these rules, be conclusive evidence as to the age of the person to whom it relates.

90. Every certificate granted by a medical practitioner shall be prepared by filling up the foil and counterfoil both which shall be impressed the left thumb mark of the person in whose name the certificate is granted.
91. The qualified medical practitioner shall, when satisfied as to the correctness of the entries made therein, sign the foil and initial the counterfoil, and shall deliver the foil to the manager for safe custody.
92. No certificate granted under rule 89 shall be valid for a period exceeding twelve months. Every person in respect of whom certificate of fitness has been issued shall be re-examined within twelve months of the last previous examination unless in the meantime he has completed his seventeenth year and the qualified medical practitioner making such re-examination may renew the certificate for a further period not exceeding twelve months or may suspend or revoke the said certificate.
93. A qualified medical practitioner who refuses to grant a certificate referred to in Rule 89 or suspends or revokes an existing certificate under Rule 92 shall state the reasons for refusing to grant a certificate or for suspending or revoking the certificate as the case may be. If the manager of the mine disagrees with the opinion of such medical practitioner, he may refer the case to the Chief Inspector or Inspector. The Chief inspector or the Inspector shall refer the case for decision to a second qualified medical practitioner and such decision shall be final.
94. Every person who has been certified as fit for employment underground shall before he is so employed be provided by the Manager with a metal token. Such token shall be stamped with the letter ‘P’ and numbered. The number shall be the same as that of certificate of fitness.
95. A record of every token so issued and the person to whom it was issued shall be maintained in the office of the Mine.
96. Register of employees.(1) For every coal mine, there shall be kept in the prescribed form and  place a register of all persons employed in the coal mine showing, in respect of each such person –

• name, date of birth and  the nature of his employment;
• the periods of work fixed for him;
• the intervals of rest, if any, to which he is entitled;
• the days of rest  to which he is entitled, and
• where work is carried on by a system of relays, the relay to which he belongs.

            (2) The entries in the register prescribed by sub-rule (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter.

            (3)  No person shall be employed in a coal mine until the particulars required by sub-rule (1) have been recorded in the register in respect of such   person and no person shall be employed except during the periods of work shown in respect of him in the register.

            (4)  For every coal mine which Government may, by general or special order, declare this sub-rule to be applicable, there shall be kept in the prescribed form and place a register which shall show at any moment the name of every person then working below ground in the coal mine.

CHAPTER IX

LEAVE AND HOLIDAYS WITH WAGES

97. Application of the Chapter. Nothing in this Chapter shall affect any right or privilege to which a person employed in a coal mine has been entitled under any existing law or under any award, agreement, settlement, contract, custom or usage if such right or privilege is more favorable to him, nor shall such right or privilege be combined with or be in addition to, the benefits under the provisions of this chapter.
98. Annual leave with wages. (1) Every person who has completed one year of continuous service in a coal mine shall be allowed during the subsequent period  of twelve  months leave  with wages for a number of days calculated, at the rate  of –

• one day for every seventeen days of work performed below ground during  the previous period of twelve months;

• one day for every twenty days of work performed above ground during the previous period  of twelve months;

Provided that a period of leave shall be inclusive of any holiday which may occur during such period.

            (2)If a person employed in a coal mine does not, in any such period of twelve months, take the leave to which he is entitled under sub-rule (1), either in whole or in part, such leave not taken by him shall be added to the leave to be allowed to him under that sub-rule in the succeeding period of twelve months:

            Provided that such person shall cease to earn leave under this rule when the leave due to him amounts to twenty days:

            Provided further that any leave applied for by a person but refused by the owner, agent or manager of the coal mine for any reason shall be added to the credit of such person beyond the aforesaid limit.

            (3) If a person entitled to leave under sub-section (1) is discharged before he has been allowed the leave or, if having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the owner, agent or manager shall pay him the amount payable under rule 101in respect of the leave.

            (4)For the purpose of this rule, a person shall be deemed to have completed a period of continuous service in a coal mine notwithstanding any interruption in service during that period due to–

• any holiday;
• any leave with wages;
• any leave, with or without wages, due to sickness or accident;
• any maternity leave not exceeding twelve weeks;
• any period   of  lay-off  arising  due   to  failure,  refusal  or  inability  of  any  owner   on account of shortage of coal, power  or raw material or the  accumulation of stock  or the  breakdown  of  machinery  or  for  any  other  reason, to  give  employment  to  a person whose name is borne  in the muster rolls of his mine; or
• a strike which is not illegal or a lockout which is not legal.

99. Festival holidays. Every person employed in a coal mine shall be allowed, with wages, such festival holidays as are declared by Government to be public holidays.
100. Causal leave and sick leave. Every person employed in a coal mine shall be entitled in a year to ten days’ casual leave on full wages and sixteen days’ sick leave on half average wages:

            Provided that casual leave or sick leave admissible under this rule shall not be accumulated and carried forward to the succeeding year.

101. Wages during leave or holiday periods. For the leave or holidays allowed to a person under the provisions of this Chapter, he shall be paid –

• in case of leave with full wages, at the rate  equal to the daily average of his wages for the days  on which he actually worked  during the preceding three  months; and

• in case of leave with half average wages, at the rate  equal to half daily average of the wages as aforesaid.

102. Payment in advance in certain cases. Any person, who has been allowed leave for not less than four days under rule 98 shall, before his leave begins, be paid the wages due for the period of the leave allowed.
103. Power of Inspector to act for workers. Any Inspector may institute proceedings on behalf of any person who has been or is employed in a coal mine to recover any sum required to be, but not, paid by an owner,  agent or manager in accordance with this Chapter.

CHAPTER-X

RETURNS, NOTICES AND RECORDS

104. (1)The register of all persons employed in coal mine shall be maintained as required by rule 96 of these rules, in the Form-I in Schedule-E.

            (2) The register required by sub rule (4) of rule 96 of these rules shall be maintained in the Form-II in Schedule-E and all entries therein shall be made at entrance or entrances to the mine and at the time when the person against whose name the entries are made entered or left the mine. The register shall be kept at the entrance of mine.

105. The notice required under Form-III in Schedule-E in these rules shall be in the form shown in and shall be posted in Urdu and local vernacular.
106. For the purpose of Rules 81(1) read with Rule 81 (2) of these rules, all work persons employed below ground shall be reckoned from the mine such persons leave the surface of the Mine to the time at which they finally return thereto at the end of employment.
107. The following persons shall be deemed to be persons holding responsible positions of a managerial or technical character or employed in health and welfare services or employed in any confidential capacity within the meaning of rule 83 of these rules namely:-

• Assistant Managers, under-managers, overman, or any person holding the position under the manager equivalent to that of Assistant Manager, Under-Manager, Under Manager overman;

• Mechanical engineers, engine-wrights, electricians, electrical engineers, drillers-incharge;

• Surveyors, inspectors of works or overseers;

• Clerks, accountants, time keepers, administrative officers and superintendents; and

• Doctors, Dispensers, Health officers, Welfare officers and Labour inspectors.

108. The following processes shall deemed to be processes which are required by their nature to be carried on continuously within the meaning of Sub rule(3) of rule 84 of these rules, namely:-

• mechanical ventilation of mines;
• pumping of water from mines;
• generation of electricity, steam or compressed air for use in mines; and
• any other process that may be notified by the Federal Government in the official Gazette.

109. The register of overtime referred to in sub-rule (3) of rule 85 of these rules shall be maintained in the Form-V in Schedule-E.
110. At every coal mine a register of annual leave with wages in the Form-VI in Schedule-E and a register of casual leave, sick leave and festival holidays in the Form -VII in Schedule- E shall be maintained.
111. (1) The owner or agent of a mine coal shall provide to the manager of the coal mine, appointed under rule 19, adequate security of service and administrative and financial powers for enabling him to efficiently discharge his duties in accordance with the provisions of these rules.

             (2) The owner or agent of a coal mine shall, in the case of a manager already appointed under rule 19, or in the case of a new appointment of a manager, within seven days of such appointment, send to the Chief Inspector the term and conditions of his appointment and the details of administrative and financial powers delegated to him.

             (3) The owner or agent of a coal mine before he discharges or dismisses a manager, who has rendered service of one year at his coal mine, shall, before doing so, consult the Chief Inspector.

112. (1) On or before the tenth day of every month, the owner, agent or manager of every coal mine shall send Form-III in Schedule-F to the Chief Inspector, a correct return of all raisings and dispatches during the preceding calendar month.

            (2) On or before the twenty-first day of January in each year, the owner, agent or manager of every coal mine shall forward to the Chief Inspector, annual returns in respect of the preceding year in Form-II,III, IV, V, VI, VII, VIII, and IX in Schedule-F

            (3) If any coal mine is abandoned or the working of any coal mine has been discontinued over a period exceeding three months or if a change occurs in the ownership of any coal mine, the returns required under sub-rule (2), shall be submitted within one month from the date of abandonment or change of ownership or within four months form the date of discontinuance:

            Provided that the Chief Inspector may, by order in writing, extend the period for submission of such returns up to any date, not later than the twenty-first day of January in the year following that to which they relate:

            Provided further that nothing in this sub-rule shall be deemed to authorize the submission of any return later than the twenty-first day of January in the year following that to which it relates.

            (4) On or before the first day of March in each year, the owner, agent or manager of every coal mine shall forward to the Chief Inspector in duplicate, a return in Form III Schedule-F duly filled-in.  The figures given in the return shall relate to that day on which the number of persons attending the work was highest during such week in February of that year as is selected in advance by the Chief Inspector.

113. The notice required by rule 18 shall be furnished in duplicate, and shall specify the name and situation of the coal mine, the names and addresses of the owner and the manager, and, in the case of a new coal mine the date on which it was opened, to the Chief Inspector.
114. When a coal mine or seam has been abandoned, or the working thereof has been discontinued over a period exceeding two months, the owner of the coal mine shall, within one month after the abandonment or within seven days after the expiry of the said period, as the case may be, send to the Chief Inspector a notice in writing specifying the name and situation of the coal mine, the name and address of the owner, and the date and cause of the abandonment or discontinuance.
115. When a coal mine or seam is reopened after abandonment or discontinuance, the owner, agent or manager shall, before re-opening send to the Chief Inspector, a notice in writing specifying the name and situation of the coal mine, the names and addresses of the owner and the manager, and the date of re-opening.
116. When a change occurs in the name of or in the ownership of, a coal mine, the notice in writing of the change and of the date thereof shall be sent by the owner, agent or manager to the Chief Inspector within one month from the date of the change.
117. When any new appointment is made of an agent or manager of a coal mine or any change of address of any agent or manager occurs, notice of appointment or change and of the date thereof shall be sent by the owner, agent or manager to the Chief Inspector within one month from the date of the appointment or change.
118. When the ownership of a coal mine is transferred, the previous owner or his agent or manager shall make over to the new owner, all plans, books and other records required to be kept under these rules and all correspondence relevant to the working of the mine with the Inspectorate of Coal Mines and other Government Departments.
119. If the  owner, agent or  manager of any coal mine intends to conduct or extend any mining operations under his control at or to any point within fifty yards of any railway, subject to the provisions of the Railway Act, 1890, or of any public work in respect of which this rule is applicable by reason of any general or special order of Government, he shall not less than sixty days before  commencing  such operations, give notice of his intention to the  Chief Inspector and  also in the  case of a railway to the  Railway  Administration  concerned or,  in  the  case of any  such  public work as aforesaid, to such  authority  as Government may, by general or special order, direct.
120. If in any coal mine it is intended to conduct or extend the extraction or reduction of pillars at or to any point within fifty yards of any railway subject to the provisions of the Railway Act, 1890, the owner, agent or manager of the coal mine shall, not less than sixty days before commencing such operations, give   notice   of such   intention   to the   Chief   Inspector   and   also to the Railway Administration concerned.
121. If the operations in respect of which notice is given under rule119 or 120 are not commenced within twelve months from the expiry of the period of sixty days therein referred to, the notice shall be held to have lapsed and the provisions of that rule shall apply as if no such notice had been given.
122. The notice to be given under rule 119 or  120 shall  specify  the  position  of the workings of the coal mine in relation to the railway or public work in question, the manner in which it is proposed to carry  out the  intended new  operations and the  limits to which it is proposed to carry the said operations, and shall  include a plan showing the existing and the intended mining operations in so far as they affect the railway or public work in question.
123. When an accident occurs in or about a coal mine causing loss of life or serious bodily injury or when an accidental explosion, ignition, outbreak of fire or smoke or other indication of outbreak of fire or an influx of noxious gases or irruption of water occurs in or about  a coal mine, the owner, agent or manager of the coal mine shall forthwith inform the Inspector by telephone or telegraph and shall also, within twenty four hours of any such occurrence of such accident explosion, ignition, outbreak of fire, sent notice thereof in Form X in Schedule F to the  Inspector and Chief Inspector.
124. If death results from an injury already reported as serious under rule 123, the owner, agent or manager of the coal mine shall within twenty four hours of his receiving information of the death, send notice thereof to the Inspector and Chief Inspector.

CHAPTER XI

PLANS

125. (1) All plans prepared in accordance with the provisions of this Chapter shall –

• bear the name of the coal mine and of the owner;
• show the scale together with the magnetic meridian and the date of the letter;
• be properly inked on durable paper, or on tracing cloth; and
• be on scale as under:-

(1)  1: 1000      –     for underground working plan.

(2)  1: 1000       –    for mine surface plan.

(3)  1: 1000       –    for ventilation plans.

(4)  1: 1000       –    for quarries working.

(5)  1: 1500 –          for general surface plans of entire leased area:

                                     Provided that  where  plans have  been prepared on any  other  scale before the  passing of these rules, the Chief Inspector may on application by the owner,  agent or manager permit such  plans to be maintained on that scale.

            (2) The owner, agent or manger of every coal mine shall keep plan of the workings of the coal mine.  The position of the workings at the time of the last survey shall be shown by a dotted line drawn through the ends of the workings; such dotted line shall be marked with the date of the last survey.  The plan shall also show all shaft and incline openings, all goaves, the boundaries of the underground leasehold, where  possible, and all important features within the boundaries, such as railways, roads, rivers, streams, tanks, buildings, and  reservoirs which overlie any part of the workings or  any point within 600 feet of any part of the workings measured on the  horizontal plane; also the general direction and  rate  of dip of the strata, the depth  of every  shaft, a section of the  seam being worked  and  the  position of all faults and dykes with the  amount and  direction of their throw.  There shall be separate plan of the workings of each seam, and of each separate section of each seam.

            (3)  The owner, agent or manger of every coal mine shall also keep a separate tracing of a surface plan showing all surface features referred to in sub-rule (2), and in addition all buildings and erections on the surface and within the boundaries which overlie the workings of the coal mine or any point within 600 feet of the workings measured on the horizontal plan.

            (4) (i)  The  owner, agent or manager of every coal mine shall also keep  a separate plan showing the system of ventilation in the coal mine, and,  in particular the  general direction of the  air-currents, the points where the  quantity of air is measured and  the  principal devices for the  regulation and  distribution of the  air. So far as practicable the intake airways shall be colored blue and the return airways red.

            (ii)The positions of any underground ambulance stations and telephones shall be indicated on the plan.

(iii)  The code of signs set out in shall Form XI in Schedule-F be utilized in plans made under this sub-rule.

            (5) The plans required by this rule shall be kept in the office at the coal mine. They  shall be accurate and  shall be maintained upto date within three months; provided that where any coal mine or seam is abandoned or the  working there of has been discontinued, the plan shall, before such abandonment or  immediately  after such discontinuance,  be  brought uptodate to the  time  of abandonment or 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 is not upto date  shall be recorded on it.

            (6) Nothing in this rule shall be deemed to apply to any coal mine in which the workings do not extent under the super adjacent ground, or any coal mine in which excavation is being made for prospecting purposes only:

            Provided that  the  Chief  Inspector  may  direct  that  this rule shall  apply  to any  such mine to such  extent  as he may think fit.

126. The owner, agent or manger of every coal mine shall, at any time on the request of the Chief Inspector or of any Inspector, produce to him at the office at the coal mine such plans and sections, and also on the like request, make on such plans and sections the then state of the coalmine, and the Chief Inspector or Inspector shall be entitled to examine the plans and the sections and for the official purposes to make or have a copy made of any part thereof respectively.
127. Where any coal mine or seam is abandoned, or the working thereof has been discontinued over a period exceeding one year, the person who was the owner of the coal mine at the time of the abandonment or discontinuance shall, within three months after the abandonment or within fifteen months after the discontinuance of working, as the case may be, send to the Chief Inspector accurate plans and sections of the workings of the coal mine or  seam up to the time of the abandonment or discontinuance, showing the  pillars of coal remaining unworked and all other features required in compliance with these rules or a true and accurate copy of the same:

            Provided that if a change of ownership  occurs after  the  abandonment or discontinuance and  before  the  expiry  of the  three  months or the  fifteen  months aforesaid,  as the  case may  be, such  plans and sections shall be sent forthwith.

128. 128. After the expiry of six months from the date of abandonment or discontinuance of working in any coal mine or seam or, where the consent of the owner of the coal mine for the time being has been obtained,  prior  to  the  expiry  of  the  said  period,  the Chief  Inspector  may, on  such conditions  as he thinks fit to impose, permit any person having an  interest in the said  coal mine or seam to inspect the plan or section of such coal mine or seam sent to him in accordance with the provision of rule 127may further, on such conditions as he thinks fit to impose, supply to any such  person copies of the like plan or section.
129. Government may direct that after such date and in such areas as he may appoint in this behalf, the plans required to be kept under rule 125 or to be sent under rule 127 shall be prepared by or under the supervision of a surveyor who has been granted a surveyor’s certificate under these rules.

CHAPTER XII

SHAFTS AND OUTLETS

130. Shafts or Outlets. (1) No person shall be employed, or be permitted to enter or remain for purposes of employment, in any coal mine unless the coal mine is provided with at least two shafts or outlets –

• with which every seam for the time being at work has a communication so as to afford separate means of ingress and egress to the persons employed in the seam; and
• which are under the sole control of the manager of the coal mine.

            (2) Proper arrangements shall be made for persons to descend to and ascend from the coal mine at each of shafts, outlets, or steep traveling roads. If the slope of a coal seam varies from 1 vertical to 4 horizontal, to 1 vertical to 1 horizontal, reasonably level steps shall be provided in all the dip traveling roads leading to each outlet. Such steps shall comply with the following requirements:-

• its breadth shall not be less than two feet;
• the vertical height of every step shall not exceed 8 inches and dimensions of every step measured horizontally from the edge to the back shall not be less than eight inches;
• all steps shall be kept clean and good repair; and
• a rigid hand-bar shall be fixed in a position where it can be easily reached by all persons traveling on the steps to provide them with a strong holdfast.

            (3) Where the slope of a seam is more than one vertical to one horizontal, the traveling roads shall be provided with ladders and platforms as means of descending to, and ascending from the coal mine. The platforms shall be fixed at intervals not exceeding 40 feet; ladders shall be placed so as to cover the openings in the platforms:

                     Provided that in cases where timber and supplies are handled, a portion of this opening may be to one side of the ladder and in the opposite corner of the platform. Except in respect of the lowest 30 feet of a traveling road, the ladders shall be fixed at an inclination of not less than one foot horizontal for every ten feet vertical; provided further that where exceptional circumstances require, they may with the consent of an Inspector be fixed at a steeper inclination. If apparatus is necessary it shall be kept on the works belonging to the coal mine and shall be constantly available for use.

            (4) All platforms shall be securely fenced.

            (5) All ladders and platforms shall be securely fastened to the sides of timbering of the shafts.

            (6) All ladders shall project at least three feet above every platform and shaft and incline tops, or strong holdfast shall be provided at these places in convenient positions.

            (7) A ladder way which is a compartment of a shaft used about for other purposes shall be closed off from compartment to such extent as will prevent injury to workmen passing up and down the ladder way.

            (8) Every ladder way opening in any traveling road or places where men are stationed or pass shall be provided with door or with a substantial fence.

            (9) Not more than one person shall carry or be permitted to carry any drill tool or any loose material or a ladder way in a vertical or steeply inclined shaft leading to an outlet except in so far as may be necessary in executing repairs.

            (10) All ladders and platforms shall be made of best material and kept in good condition. The breaking load of the ladders and platforms shall at no time be less than three times their working load.

            (11) All ladders and platforms used by work-persons in a coal mine shall be examined not more than two hours before the commencement of work in a shift by a competent person appointed by the manager in writing for this purpose. The results of every such inspection shall be recorded in a book kept at the coal mine for this purpose and the report shall be made and signed by the person who made the inspection and shall state the date and time of the inspection and date and time when the report was written.

            (12) Such shafts or outlets shall be not less than 45 feet distant from one another at any point, and each shall be connected with the other by means of a communication not less than 4 feet height and 4 feet wide.

            (13) Whenever communication between the two outlets which are required to be maintained, has been blocked, or fenced off under only such persons as are necessary to clear the obstruction, or to repair the dangerous part of the communication or to make a new second outlet, shall be employed in the coal mine until such time as communication has been re-established or a new second outlet has been provided.

            (14) The foregoing provisions of this chapter with respect to shafts and outlets shall not apply –

• while a shaft is being sunk or an outlet is being made;
• to any working for the purpose of making communication between two or more shafts or outlets;
• to any working for the sole purpose of searching for or proving coal minerals. So long as not more than 20 persons are employed underground at any one time in the whole of the different seams in connection with a single shaft or outlet:

Provided that nothing in this rule shall be deemed to authorize the driving of ordinary galleries for development before a second outlet has been made in accordance with the said provisions.

131. Secured Shafts. Where the natural strata are not properly safe, every working or pumping shafts and every shaft in course of being sunk, shall be securely cased, lined or otherwise made secure.
132. Egress to the Surface. Every part of a coal mine shall, where practicable, be provided with at least two ways affording means of egress to the surface.
133. Examination of shafts. A competent person or persons, of not less than 23 years of age, appointed by the manager for the purpose shall, once at least in every week, examine the state of the shaft by which persons ascend or descend, and shall without delay write or cause to be written a full and accurate report of the result of such examination. Every such report shall be recorded in a paged book to be kept at the coal mine for the purpose, and shall be signed and dated by the person who made the examination.

CHAPTER XIII

RAISING AND LOWERING PERSONS OR MATERIALS

134. At every shaft or incline where persons or materials are lowered or raised by means of machinery the following provisions shall have effect, namely:-

• A single linked chain shall not be used for lowering or raising persons, except for the short coupling chain attached to a cage, skip, bucket, or tub.

• Where the apparatus ordinarily used for raising and lowering persons to or from the surface is worked by mechanical power, it shall, if the shaft is vertical and exceeds 150 feet in depth provided with a detaching hook.The space between the detaching hook and the detaching plate when the cage is at normal position at the top of the shaft shall not be less than 6 feet where a geared winding engine is used, and not less than 12 feet where a direct acting engine is used.

• There shall be attached to every machine worked by mechanical power, and used for raising and lowering persons, one or more brakes, or sufficient power by themselves to hold the cage, skip, bucket or tub, when loaded, at any point in the shaft, and a proper indicator (in addition to any mark on the rope) showing to the person who works the machine the position of the cage, skip, bucket or tub in the shaft, and if the drum is not on the crack-shaft, there shall be an adequate break on the drum shaft: Provided that in the case of a shaft not exceeding 100 feet in depth so much of this clause as required and indicator shall not apply.

• Every apparatus on or in which persons ride in a working shaft shall be provided with a sufficient overhead, except –

• in a shaft not exceeding 150 feet in depth where buckets or other appliances are used for winding, or
• in a shaft in course of sinking, or
• where persons are employed at work in a shaft.

• Every working shaft used for the purpose of drawing mineral or for lowering or raising persons shall, if exceeding 150 feet in depth, be provided with proper means of communicating distinct and definite signals from the bottom of the shaft, and from every entrance for the time being in use between the surface and the bottom of the shaft and to every entrance for the time being in use between the surface and the bottom of the shaft. There shall also be proper means of transmitting distinct and definite signals from the top of every winding shaft to the winding engine. All signals shall be transmitted by mechanical or electrical means.

• (i) The first three or principal signals shall be –

One rap ….. RAISE when engine at rest.

 One rap …..             STOP when engine in motion.

Two raps ….. LOWER.

Three raps … MEN ready to ascend or descend.

Three raps…IN REPLY. Men may enter the cage or other conveyance.

 (ii) Any other signals shall be in addition to, and shall not interfere with, the foregoing.

(iii) A printed copy of the code of shaft signals shall be posted at the shaft top, and at every inset, and also at the winding engine.

(iv) No person other than the banks man or on setter shall give any signal unless he is an official of the mine or is authorized in writing by the manager to give signals.

• Every working shaft (except a shaft in course of sinking) used for lowering or raising persons shall, if it exceeds 150 feet in depth, be provided with guides.

• At the bottom of every working shaft in which a cage is used, protective roofing shall be provided sufficient to prevent danger from anything falling in the shaft.

• Adequate stationary lights shall be provided and used during working hours –

• at all places where persons have to work underground in the immediate vicinity of shafts, and
• after dark at the tops of all working shafts and at all winding engines used for raising and lowering persons and in particular at all such engines, where electric lighting is used, an additional light having no connection with the electric supply shall be kept burning at night.

• There shall be on the drum of every machine used for lowering or raising persons such flanges, horns or other appliances as may be sufficient to prevent the rope from slipping. The rope shall be securely fastened round an arm of the shaft of the drum, and there shall be at least two turns of the rope on the drum, when the cage, skip, bucket or tub is at the bottom of the shaft. After any stoppage of winding for more than two hours, the cage, skip, bucket or tub shall, before any person is allowed to ride therein be run a complete trip up and down the working portion of the shaft at least once, to ensure that everything is in good working order.

• Every cage shall be provided with catches, or some other suitable contrivance to prevent tubs from falling out, and shall, if used for lowering or raising persons, be covered in completely at the top and closed in at the two sides in a manner sufficient to prevent persons or things from projecting beyond the sides and shall be provided with suitable gates or other rigid fences and with a rigid hand bar fixed in a position where it can be easily reached by all persons in the cage.

• A competent person or persons, of not less than 21 years of age, appointed by the manager of the purpose shall, once at least in every 24 hours, examine the state of the external parts of the machinery and of the head-gear, ropes, chains, cages, guides and conductors in the shafts and other similar appliances of the coal mine which are in actual use both underground and above ground, and shall without delay write or cause to be written a full and accurate report of the result of such examination. Every such report shall be recorded in a paged book to be kept at the mine for this purpose, and shall be signed and dated by the person who made the examination.

135. No person shall get on or off a cage, skip, tub or bucket used for lowering or raising persons after the same has been set in motion, or leave it until it has reached the appointed stopping place; nor shall any person ride on the top or edge of any cage, skip, tub or bucket except when engaged upon special work in the shaft.
136. No person, when ascending or descending a shaft, shall take with him any tools or other bulky materials, save when engaged in repairing the shaft or when otherwise specially authorized by the manager:

                Provided that, in the case of tools only, the manager may, by general order permit the same to be carried.

137. No person shall ride in a shaft on, or against, a loaded cage, skip, tub or bucket.
138. Every person, when at or about the top or the bottom of a shaft, shall obey the orders and directions of the shaft attendants on duty at the time.
139. Not more than such number of persons as may be authorized by the managers shall be allowed to ride in the same cage, tub, skip or bucket at one time and a notice specifying the authorized number shall be posted at the top of every shaft and at every inset in a shaft.
140. No person under 18 years of age and no woman shall descend or ascend a shaft in a cage, tub, skip or bucket unless accompanied by at least one person over 18 years of age.
141. When the winding apparatus is not provided with some automatic contrivance to prevent over winding, a point shall be fixed and marked on the indicator in such a way as to show when the cage or other conveyance is within a distance of twice the circumference of the drum from the completion of the wind; and when such cage or conveyance has reached such distance it shall not, if either it or the descending cage contains persons, be raised for the remaining distance at a speed exceeding three miles per hour.
142. (1) All cage chains in general use shall be annealed, all detaching hooks shall be cleaned and re-fitted, and all winding ropes shall be re-capped, once at least in every six months, or, if necessary, at shorter intervals.

            (2) The date of each such operation shall be recorded in a book kept at the mine for the purpose.

CHAPTER XIV

ROADS AND WORKING PLACES

143. Roofs, traveling road, airways and second outlets to be secured. The roofs and sides of all working places and traveling roads, including airways and traveling roads to second outlets, shall be made and kept secure so as to prevent danger, threat or tend to body injury of any person working in the coal mine.

144. (1) In any coal mine or part of a coal mine where the roof is of such a nature as to require artificial support, an Inspector, after consultation with the manager, may require such support to be systematic, and may give notice to that effect of the manager, who shall, by notices posted in conspicuous places at the coal mine, specify the manner in which supports are to be set and advanced and the maximum intervals –

• between each row of props;
• between adjacent props in the same row;
• between the front row of props and the face; and
• between chocks or cogs.

             (2) The manager and his subordinate staff shall be responsible for securing effective compliance with the terms of the notices and no such coal mine shall be worked in contravention of these terms.

145. (1) In open workings the overburden and all loose ground and material shall be removed sufficiently far from the edge, or otherwise made secure, in such a manner as to prevent danger to persons employed in the coal mine.

             (2) The sides of open working shall be sloped, stepped or secured, in such a manner as prevent danger from falls of material.

            (3) When an open working is worked in steps, the steps shall be of sufficient breadth in comparison with their height to secure safety.

146. Where any person is employed in carrying loads, the weight of the loads and the height and distance to which they have to be carried shall not be such as to involve risk of injury to the health of such person. If any dispute arises as to whether risk of injury to health is involved the decision of the Chief Inspector shall be final.
147. (1) For the  purposes  of  inspection  before  the  commencement  of  a  period of work constituting a shift at a coal mine, one or more stations shall be fixed by the manager at the entrance to the coal mine or to different parts of the coal mine, as they are, may require, and no workman shall pass beyond any such station until the part of the coal mine beyond that station has been examined and reported to be safe in the manner hereinafter provided.

             (2)A competent person or persons, having the prescribed qualifications and appointed by the manager, shall within such time, not exceeding two hours before the commencement of work in a shift, as may be fixed by the laws of the mines or coal mines, inspect every part of the coal mine situated beyond the station or each of the stations fixed by the manager, in which work-persons are to work or pass during the shift, and all working places in which work is temporarily stopped and the edges of all goaves within and ventilating district in which persons have to work, and shall ascertain the condition thereof so far as the presence of gas, ventilation, roof and sides and general safety are concerned. The result of every such inspection shall be recorded in a book kept at the coal mine for the purpose.

            (3) A like inspection shall be made at least twice in the course of each shift, and at least once in every five hours during which the shift continues, of all parts of the coal mine which are situated beyond the station or each of the stations aforesaid and in which work-persons have to work or which they have to traverse during that shift.

             (4) The inspection shall be made with an approved locked flame safety lamp and no additional light shall be used other than an approved electric torch or lamp:

            Provided that in the case of a coal mine in which inflammable gas has never been found and is unlikely to be found, the inspection, except in the region of an  underground  fire  or  of any stopping made to control a fire, may be made with any electric torch or an approved locked flame safety lamp.

               (5) In any inspection in the region of an underground fire, or of any stoppings made to control a fire, a cage containing small birds or other means of detecting carbon monoxide gas approved by the Chief Inspector shall be carried.

             (6) Every report referred to in sub-rule (2) shall be made by the person inspecting, either when underground or immediately on his return to the surface, and shall be a full and accurate report of the inspection specifying whether or not, and where, if anywhere, noxious or inflammable gas was found and whether or not any and, if any, what defects in roof or sides and other sources of danger were observed. The report shall be signed by the person who made the inspection and shall state the date and time of the inspection and the date and time when the report was written.

            (7) The report of a coal mine or coal mines assigned to a competent person under this rule shall not be of such a size, nor shall any duties which may be assigned to him other than his duties under this rule be such, as to be likely to prevent him from carrying out such last mentioned duties in a through manner. If any question arises whether the part of a coal mine or coal mines assigned to him are too great, the decision of the Chief Inspector shall be final.

            (8) A competent person or persons appointed by the manager shall inspect all airways and travelling roads leading to second outlets at least once a week, and shall record the result of his inspection in a book kept at a coal mine for the purpose.

148. (1) The first inspection of a coal mine or part of a coal mine which is re-opened after a discontinuance of coal mining for a period exceeding seven days and of any part of a coal mine after being dewatered, shall be made by a person possessing the qualifications prescribed as under:-

• a person who has within the preceding five years obtained a certificate from the Board of Examiner constituted under these rules to the effect that his power of eye sight and hearing is such as enable him to make the inspection efficiently; and

• holds a Manager’s or a Sirdar’s certificate or a Manager’s permit.

      Provided that the holder of a Sirdar’s certificate shall not be appointed to make any such inspection in a coal mine in which safety lamps are used or in which inflammable gas is likely to occur, unless he holds a manager’s certificate of competency.

(2) No additional light shall be used in any inspection other than an approved electric torch or safety lamp.

(3) The result of every such inspection shall be reported by the person making it and shall be recorded in the book maintained in this regard.

149. (1) In any coal mine in which inflammable gas has been found during the previous twelve months, all unused workings in which inflammable gas may accumulate and which are not permanently sealed off, shall, at least once in every week, be inspected for the presence of inflammable gas, by the competent person as prescribed under these rules.

            (2)The inspection shall be made only with an approved electric torch or safety lamp and the report of such inspection shall be recorded in the book maintained for the purpose.

150. (1) If at any time, it is found by the person for the time being in charge of a coal mine or any part thereof that, by reason of any cause whatever, the coal mine or part is dangerous, every workman shall be withdrawn from the coal mine or part, and a competent person appointed by the manager for the purpose shall inspect the coal mine or part.

            (2) The person so appointed shall make a full and accurate report of the condition of the coal mine or part and no workman shall, except in so far as is necessary for enquiring into the cause of the danger or for the removal thereof or for exploration be re-admitted into the coal mine or part, until the coal mine or part is reported by the person so appointed not to be dangerous.

            (3) Every report shall be recorded without delay in a paged book, which shall be kept at the coal mine and signed by the competent person who made the inspection.

151. 151. (1) When inflammable gas or any noxious gas is detected in any working place or any part of coal mine, all persons shall be withdrawn from the place or part, and the place or part shall be immediately fenced off so as to prevent persons inadvertently entering the same. The official incharge of the district in which the gas has been detected shall take steps, without delay, to remove the gas by improving the ventilation and shall also send a report of the occurrence to the manager.

            (2) During the removal of such gas, no naked light shall be used in the ventilating district in which the gas is detected and all persons except those necessary for such removal, shall be withdrawn from the return side of the ventilating district unless the quantity of gas is, in the opinion of the manager or other responsible official incharge of coal mine in the manager’s absence, so small that such withdrawal of persons is necessary.          

(3) No workman shall be re-admitted or enter into the place or part of coal mine unless manager as inspected the place or part and reported that the place or part is free from gas. Every such report shall be in writing and shall be signed with date and time.

152. Where any part of a coal mine is so situated that there is any danger of irruption of surface water into the coal mine adequate protection against such an irruption shall be provided and maintained.
153. Where work is being done in any seam or part thereof below another seam or part of a seam which contains or may contain an accumulation of water or where work is being done in an upper seam or part of an upper seam which is at a lower level than any part of a lower seam which contains or may contain an accumulation of water, adequate precautions shall be taken against such an eruption of water into the seam where work is being done as would be likely to endanger the lives of the workmen in the coal mine.
154. (1) No working shall be made within a distance of 150 feet of the boundary of any coal mine property, in the case of a disputed boundary, within a distance of 150 feet of the boundary claimed by the owner of an adjacent coal mine until such time as a binding agreement has been reached as to the correct boundary or the question has been finally determined by a court of law.

                (2) Where the workings of two adjacent coal mines or of any one of the two adjacent coal mines have approached to within a distance of 100 feet of the respective boundary or boundaries of each coal mine property, or, in the case of a disputed boundary, within a distance of 100 feet of the boundary claimed by the owner of the adjacent coal mine, the owners of the two coal mines shall make a joint survey of the workings on either side of the common barrier and a copy of the plan showing the workings up to a date within six months shall be kept in the office at each of the coal mines.

155. (1) The dimensions of pillars and galleries and the shape of pillars formed in any seam shall be such as to ensure stability during the formation of pillars, during the extraction of pillars, and during the period between such formation and extraction.

                (2) Save with the previous permission in writing of an Inspector, no gallery in a seam shall exceed 19 feet in a height or 16 feet in width.

            (3) Where the “pillar and stall” system of working is adopted the pillars formed in any seam shall normally be rectangular in shape.

            (4) The distance between the centers of any two adjacent pillars left in a seam shall not be less than that specified in the below table as corresponding to the depth of the seam from the surface and the average width of the galleries in the workings in question.

            Provided that the Chief Inspector may, in the case of any particular seam or coal mine, by order in writing and subject to such conditions as he may specify, vary the distance specified in the said table.

            (5) Nothing in sub-rules (2), (3) and (4) shall apply to workings in a coal mine made before the coming into force of this rule. In such workings, the following provisions shall apply, except in depillaring operations:-

• if the  distance  between  the  centers  of  adjacent  pillars  are  smaller  than  those specified in the table appended to sub-rule (4),  the pillars not  be further reduced;

• if the distances between the centers of adjacent pillars are not smaller than those specified in the table appended to sub-rule (4), the pillars shall not be so reduced as to render those distances smaller than –

• the distances so specified, or
• any distance required in this behalf by the Chief Inspector;

• if the height or width of a gallery exceeds the figure specified in sub-rule (2) of the dimensions of the gallery shall not be further increased without the permission in writing of an Inspector; and

• if the height or width of a gallery is less than the figure specified in sub-rule (2) it may be increased only to the extent so specified or to such extent as may be permitted by an Inspector in writing.

156. (1) The extraction of pillars shall be conducted in such a way as to prevent as far as possible the extension of collapse or subsidence of the goaf over pillars which have not been extracted. Adequate timbers or other support shall be used where necessary.

            (2) During the systematic extraction of pillars no “splitting” or reduction of pillars or the heightening of galleries shall be effected for a greater distance than the length of two pillars ahead of the pillar that is being extracted or from the point at which pillar extraction is about to begin.

157. Whenever “crush” of pillars or any symptoms of impending collapse other than ordinarily caused by pillar extraction is detected the owner, agent or manager of the coal mine shall inform the Inspector and Chief Inspector forthwith.
158. Where the method of extraction is to remove all the coal, or as much of the coal as is practicable and allow the roof to fall in operations shall be conducted in such a way as to leave as small an area of un-collapsed roof and, where practicable, means shall be taken to bring down the roof at regular intervals.
159. (1) In any coal mine in which two or more seams or sections of a seam are close to each other, the pillars in the one seam or section, shall, where the strata are not highly inclined, be as far practicable, vertically above or below the pillars in the other seam or section.

(2) No work in a higher seam or section shall be done over an area in a lower seam or section which may collapse unexpectedly.

(3)No seam shall be worked in more than one section unless conditions for ensuring the stability and safety of the workings are ensured properly.

(4) Where a seam in a coal mine is worked in two or more sections every such section shall be deemed to form a separate seam and the parting left between any two such sections or between the workings made in any two seams in a coal mine which are close to each other, shall not be less than 10 feet in thickness:

            Provided that an Inspector may by order in writing –

• permit a smaller thickness of parting, if he is of opinion that the stability of the workings will not be affected thereby; or

• require a greater thickness of parting if he is of opinion that such greater thickness is necessary for the safety of the workings.

160. If in any coal mine it appears to an Inspector authorized in this behalf in writing by the Chief Inspector that the provisions of rule 155, rule 156 or rule 159 or of any order issued under any of those rules have not been complied with, he may give notice in writing to the owner, agent or manager of the coal mine requiring him to take such protective measures within such reasonable time, as he may specify in the notice; and in case of non-compliance, the Inspector may, by order in writing addressed to the person to whom the notice was given, prohibit the extraction of coal in the part or parts of the coal mine in which protective measures are required to be taken until the requirements specified in the notice are complied with to his satisfaction.
161. 161. (1) Proper provision shall be made in every coal mine to prevent –

• an outbreak of fire in the coal mine or the spread of fire to the coal mine from any coal mine adjacent to it;

• inundation by water from a neighboring coal mine, and

• the pre mature collapse of workings, and adequate steps shall be taken to isolate, control or remedy, as the case may require, any such outbreak, inundation, on collapse which may occur.

162. An appeal  against  any  order  passed  by  an  Inspector  under  any  of  the  following rules, namely, rules  144, 155, 156, 159, 160 and 161, may be preferred to the Chief  Inspector and the order of the Chief Inspector thereon shall be final.
163. Every person shall examine his own working place before commencing work, and also at intervals during the shift. If any dangerous condition is observed by him he shall either remedy it or immediately leave the place and report the fact to an official of the coal mine, who shall deal with the matter without delay.
164. (1) No person shall work in any place in which he has not been ordered to work either by an official of the coal mine or by a person authorized in this behalf by an official of the coal mine.

            (2) No person shall cut coal from any pillar, roof or floor unless specially so authorized by the manager.

165. After an explosion of fire-damp or coal dust in a coal mine only such persons as are authorized by the manager or an official appointed by the manager for the purpose or, in the absence of the manager or such official, by the principal official of the coal mine present at the surface, shall be allowed to enter the coal mine.
166. Where rescue or recovery work is being undertaken in a coal mine or part of a coal mine likely to contain an irrespirable atmosphere, no party of less than three shall be allowed to enter.

CHAPTER XV

SPECIAL PRECAUTIONS AGAINST SPONTANEOUS

COMBUSTION AND UNDERGROUND FIRES

167. In any coal mine in which an underground fire exists, whether such fire has been sealed off by means of stopping of non-inflammable material or not in which an explosion of fire damp or coal dust is likely to occur, there shall be kept at the coal mine constantly available for use to or more small birds or other means approved by Chief Inspector of detecting of carbon monoxide gas and two or more approved locked flame  safety  lamps  for the  purpose of testing  for inflammable and other gases:

            Provided that the Chief Inspector or an Inspector may require compliance with this rule in the case of any other coal mines if he thinks that circumstances of the coal mine or such as to require it.

168. (1) All surface structures and  supports within a horizontal distance of 25 feet from the perimeter of shafts and the covering of all shafts sealed  off or covered for ventilation purposes, and all fan drafts, fan casings and  parts of fans within such drifts or casing, shall be of non-inflammable material:

            Provided that this sub-rule shall not apply to-

• structures and supports and the covering of shafts, if they are so protected by non-inflammable material as to eliminate the risk of fire;

• the small lid or covering of a shaft covering operated by rope cappel; and

• temporary structure, supports and coverings at the top of shafts which are in the course of being sunk:

            (2) All air-crossings in main intake or main return air ways and all ventilation or separation doors in any fan house or fan drift and in the vicinity of shaft bottoms or air-crossings in main in take or main return  airways shall be constructed of non-inflammable material and shall be designed, as far as practicable, to prevent leakage.

            (3)  No  timber  or  other  inflammable  material  shall  be  used in  the  construction of or in connection with any underground engine-house or electrical sub-station, switch house or motor room.

169. No oil grease, canvas or other highly inflammable material shall be stored underground in any coal mine except in fire-proof receptacle or chamber.
170. (1) Adequate means  of extinguishing fire shall be provided at  any  part  of coal mine where timber, grease or other  inflammable material is stored and at all insets where timber is used for the construction of  the staging  and at every pithead, pit-bottom, engine room and electrical apparatus room.

            (2)  In every coal mine in which there are water  mains or  other  pipes containing water under pressure, an adequate number of taps shall be  provided on such main or pipes. Hose pipes not less than 200 feet in length with the necessary fittings shall be kept readily available in the coal mine and the distance between two adjacent taps shall not exceed the length of the hose pipe.

            (3) In coal mines or parts of coal mines where  in the opinion of the Chief Inspector arrangements for extinguishing a fire cannot reasonably be  provided under sub-rule (2), one or more of the following means shall he adopted-

• portable fire extinguishers shall be provided and kept readily available and in good condition at suitable places underground; or

• portable water  tanks  fitted  with  band  pressure pumps and  an  adequate length of hose piping shall be provided;  or

• adequate supplies of sand or incombustible dust shall be kept available at suitable places underground.

            (4) A competent person appointed in writing by manager for the purpose shall examine each portable fire extinguisher provided under sub-rule (3) at intervals not exceeding three months, and the result of each such examination shall be recorded in a book kept at the coal mine for the purpose.

            (5) Water shall not be used for putting out electrical or oil fires.

171. (1) No person shall light a fire or deposit ashes or heated material in any local quarry, or on any exposed outcorp of coal, or on any ground damaged by the extraction of coal in which open fissures or cavities exist.

            (2) No person shall light a fire or permit a fire to be lighted in any underground part of a coal mine:

            Provided that nothing  in this  sub-rule shall  apply  to  the  use in  a  coal mine to which rule 219 does not  apply, of blow lamps or electric repairing apparatus is permitted by special written order granted by the manager of the coal mine.  The order shall specify the person who shall be in charge of the blow lamp or apparatus and shall require such person to bring it back to the surface when no longer required.

            (3) No person shall light a fire or permit a fire to be lighted within a distance of 40 feet from the perimeter of any shaft except in accordance with a written order granted by the manager of the coal mine and only for a special purpose specified in such order:

            Provided that this sub-rule shall not apply to boilers other than vertical boilers.

            (4) All such orders shall be recorded in a paged book kept in the office of the coal mine.

            (5)No person shall ignite a ‘feeder’ or an accumulation of gas.

172. No excavation shall be done in any part of a seam lying under any part of another seam which is on fire or is believed to be on fire or which is connected by a goaf or by broken strata to any fire except by a method which will maintain the strata between the seam in situ and intact.
173. (1) On the appearance in any part of a coal mine of smoke or other sign indicating that a fire has or may have broken out all workmen other than those whose presence in the coal mine is deemed necessary for dealing with the emergency shall be immediately withdrawn from the coal mine. No workmen other than men required for dealing with or damming off the fire, shall be re-admitted until either the fire has been extinguished or the part in which it exists has been effectively dammed off and an examination has been made by the manager and the competent person appointed under rule150 and the coal mine has been reported to be safe. Every such report shall be recorded without delay in a paged book, which shall be kept at the coal mine for the purpose and shall be dated and signed by the manager and competent person who made the inspection:

            Provided that, in mechanically ventilated coal mine in which the use of safety lamps is not required other than for inspection purposes, this rule shall apply only to  the ventilating district or districts, that may be affected.

(2) The examination required by sub-rule (1) shall be made within an approved locked flame safety lamp and a cage containing small birds or other means of detecting carbon monoxide gas approved by the Chief Inspector. No additional light shall be used other than approved electric torch or lamp.

174. (1) Approved locked safety lamps or electric torches shall be exclusively used in the work dealing with or damming off an underground fire:

            Provided that where in the opinion of the manager, it is necessary to take immediate steps to deal with an outbreak of fire, the provisions of this sub-rule shall be deemed to have been complied with if, the workman engaged in dealing with the fire are provided  with approved safety lamps or electric torches as quickly as is reasonably practicable.

            (2) During  the  work of dealing with or damming off an underground fire a cage or cages containing small birds or other means of detecting carbon monoxide gas approved by the Chief Inspector shall be kept at all places in which persons may be in danger from noxious gases.

175. Approved locked safety lamps or electric torches shall be exclusively used in any ventilating district of a coal mine in which there is an underground fire whether such  fire is sealed off by stoppings or not:

            Provided that the Chief Inspector may in the case of any coal mine, grant exemption from this rule under such conditions as he may impose, if, in his opinion, the use of approved safety lamps or electric torches in such mine is not necessary.

176. (1) In any ventilating district of a coal mine which is not naturally wet throughout and-

• in which there is underground fire, whether sealed off or not; or
• in which the extraction of pillars is in hand or is about to commence the following precautions with respect to danger from dry coal dust shall be taken:-
• All haulage and tramming roads shall be systematically kept clear of accumulations of dry coal dust.

• All such roads shall be systematically treated with water or incombustible dust in such a manner as to prevent an explosion from being initiated or propagated by coal dust. If incombustible dust is used for the purpose, it shall be of a kind which is not likely to be injurious to the health of workmen.

            (2) The precaution laid down in sub-rule (1) shall also be observed at all places within 400 feet of an area-

• which has been or is being sealed off on account of fire; or
• in which coal is extracted or loaded from working faces.

            (3) The  Chief  inspector may, by order  in  writing,  grant,  subject  to such conditions as he may impose, exemption from the provisions of sub-rule (1) or sub-rule (2) to any coal mine or part  of a coal mine on the ground  that, on account of the  special character of the coal mine  or part,  the observance of the precautions laid down therein is not necessary.

177. In any working coal mine in which a fire is known or is believed to exist –

• adequate precautions shall be taken to prevent the passage of air from the coal mine through any goaf or through broken strata connected with the fire; and

• no work, other than work required by clause (a) of this rule, shall be done in any part of the coal mine which is not effectively sealed off from any such goaf or broken strata.

CHAPTER XVI

HAULAGE

178. (1) Every haulage road on which the haulage is worked by gravity or mechanical power shall be provided with sufficient manholes for refuge, which shall in no case be placed at intervals more than 60 feet and which shall not be less than 5 feet in height, 3 feet in width, and 4 feet in depth. Where the inclination is more than 1 in 6 the manholes shall be at intervals of not more than thirty feet:

            Provided that in any case in which an Inspector considers that there are difficulties which make the provision of a manhole at the above specified intervals or of the above specified dimension not reasonably practicable, he may by order in writing, specify a greater interval or reduced dimensions.

            (2) Every manhole shall be kept clean and white washed both inside and for a distance of not less than one foot around the aperture and the entrance of such man hole shall be kept un obstructed.

179. Every haulage road exceeding 100 feet in length on which the haulage is worked by gravity or mechanical power, shall be provided with proper means of communicating distinct and definite signals from all regular stopping places to the place or places at which the persons who control the haulage machinery are  stationed:

            Provided that the Chief Inspector may, at his discretion and by order in writing, require that there shall be means of communicating signals in the reverse direction also.

            The first four principal’s signals shall be –

Any other signals shall be in addition to and shall not interfere with the foregoing:

            Provided that the Chief Inspector by order in writing may, at his discretion, permit the use of a different code of haulage signals.

180. A printed copy of the code of haulage signals shaft be kept posted at the brakewheel or haulage engine, and at both ends of the haulage road and at every signaling station.
181. The signal handle or attachment at every stopping place on any haulage or self-acting incline shall be placed in such a position as will enable the persons operating the signals to be safe in the case of a runaway tub or tubs on the incline.
182. At the top of every incline on which the haulage, not being endless chain haulage, is worked by mechanical power or gravity, there shall be stop-blocks or other similar contrivances to prevent tubs from running away. Additional stop-blocks or runway switches, or some other appliance for arresting the descent of tubs in the event of a run-way, shall be fixed below the first stop-blocks at a greater distance than the length of a train of tubs. There shall also be provided and attached behind the ascending tub or tubs a back-stay, drag or other suitable contrivance for preventing the tub or tubs from running back.
183. Where a main haulage road extends to a distance of more than 3,000 feet from the shaft or the entrance to the coal mine, efficient means of telephonic communication shall be provided and maintained between a suitable station near the end of every such haulage road, the pit-bottom and the surface, or between a suitable station where the end of every main haulage road and the entrance to the coal mine:

            Provided that the Chief Inspector may by order in writing require the provision of means of telephonic communication where in any coal mine  main  haulage  extends to a  distance of less  than3,000  feet from the shaft or the entrance of the coal mine, where travelling is unduly arduous:

            Provided further that the Chief Inspector may by order in writing permit the use of other suitable means of communication in cases in which the conditions in the coal mine are not suitable for telephones.

184. Where haulage is affected by means of an endless rope or chain, automatic catches shall be fixed at such points on the haulage road as may be necessary to prevent tubs from running away.
185. (1) No person shall permit a tub or tubs to run uncontrolled except with the consent of the manager:

            Provided that the Chief Inspector may, by order in writing, prohibit the un controlled movement of tubs at any place where, in his opinion, there would be danger of injury to persons.

            (2) No person shall ride on any tub, truck or wagon, either underground or above ground except with the written permission of manager.

186. Where the Chief Inspector so requires, travelling roads, separate from the haulage roads, shall be provided to and from the working places.
187. In every underground part of coal mine-

• main haulage and travelling roads shall, as far as practicable, be  kept free from accumulations of fine coal dust;

• all coal tubs shall be so constructed and maintained as to prevent as far as practicable, coal dust escaping through their sides, ends or floors.

CHAPTER XVII

EXPLOSIVES

88. No owner, agent or manager shall store, or knowingly allow any other person to store, within the premises of the coal mine any explosives otherwise than in accordance with provisions of rules made under the Explosives Act, 1884.
89. No explosive shall be stored in the workings of coal mine or taken into or kept in dwelling house.
90. No explosive shall be used in a coal mine except that provided by the manager.
91. The manager shall appoint in writing a competent person or persons to be in charge of every magazine for the storage of explosives, and no person shall be in charge of a magazine without such written authority.

            Explanation.- The “competent person” means the holder of sirdar’s or short firers certificate of competence.

192. Explosives shall be issued only to competent persons appointed in writing by the manager, and no unauthorized person shall have explosives in his possession.
193. No liquid oxygen explosive shall be used in any underground part of a coal mine.
194. No gunpowder or any other kind of explosive, except fuses and detonators, shall be issued for use in blasting operations in a coal mine or used in a coal mine except in the form of cartridges.
195. Explosives unused and left over at the end of a shift shall be returned to the magazine immediately after the end of the shift. Such returned explosives shall be re-issued before fresh stock is used.
196. The person incharge of a magazine shall keep a correct record of the quantity of gunpowder and of the numbers of cartridges or other kinds of explosives and of detonators issued from the magazine to each authorized person, and similar record of explosives, returned to the magazine.
197. The preparation of cartridges from loose gunpowder, the drying of gunpowder, and the reconstruction of damp cartridges shall be carried out only by a competent person or persons appointed in writing by the manager for the purpose, and only in accordance with the conditions laid down in rules made under the Explosives Act, 1884, and in a place approved by the licensing authority.
198. No explosive shall be taken into a coal mine except in securely locked  cases canisters, containing not more than fifty pounds each, and no person shall have in use or keep for use, at one time in any one place, more than one  such case or canister. The place, in the coal mine at which any  such case  or  canister is in use, or is kept for use, shall, unless solid  ground directly intervenes, not be less than 30 feet from a place at which any other such case or canister is in use or kept for use:

            Provided that the Chief Inspector may, in special cases by order in writing, permit, subject to such limitations as he may prescribe, the use at one time in one place of more than one such case or canister.

199. The amount of every charge of explosive shall not be disproportionate to the work to be done. The charge shall be placed in a properly drilled and placed shot hole and shall have sufficient stemming. A sufficient supply of suitable non-inflammable stemming material shall be provided at places convenient to the shot-fires.
200. (1) No shot shall be stemmed or fired except by or under the personal supervision of a competent person appointed by the manager by order in writing to be a shot-firer.

            (2) In any coal mine in which more than 20 persons are employed underground at any one time, no person shall be so appointed or shall perform the duties of shot-firer who is responsible for making inspection under sub-rule (2) of rule 147.

            (3)  No person shall be appointed as a shot-firer under sub-rule (1) unless he holds either a shot-firer’s certificate or a sirdar’s certificate or a manager’s certificate granted under these rules.

201. Every shot-firer shall, before a shot is fired by him or under his supervision, see that all persons in the vicinity have taken proper shelter at a safe distance and he shall also take suitable steps to prevent any person approaching the shot and shall himself take proper shelter.
202. When two working  places  have  approached to within  10  feet  of one  another, no  blasting shall be done in any one of such workings unless  the workmen have been withdrawn from the other working, and the same has been fenced.

            Explanation.- For the purposes of this rule, any place to which workmen  have  lawful access shall be deemed to be a working place.

203. In the process of charging or stemming for blasting, no  person shall use or have in his possession any  iron or  steel pricker, acraper, tamping rod or  stemmer and  only suitable non- inflammable substance shall be used for tamping or stemming.
204. (1) When a hole has been charged, the explosive shall not be unrammed except in a manner and by a machine approved by the Chief Inspector.

            (2) No hole shall be bored at a distance of less than 12 inches from any hole where a charge has not misfired nor shall a second charge be placed in any such hole.

205. Detonators shall be kept in a securely locked box separate from any other explosive and no detonator shall be inserted into the priming cartridge until immediately before it is to be used:

            Provided that in the case of a wet working, priming cartridge may be prepared at the nearest convenient dry place adjacent to the working.

206. No explosive shall be forcibly pressed into a hole of insufficient size.
207. (1) In any place  in  a coal mine  in  which  the  use of a locked  safety  lamp is for the time being required by or in pursuance of these rules  –

• no shot shall be stemmed or fired by any person who does not hold a  sirdar’s certificate endorsed for gas testing;

• no shot shall be fired until the shot-firer has examined both the place where the shot is to be fired and all accessible places within a radius of 60 feet for the presence of inflammable gas and has found such places free from gas;

• no shot of a permitted explosive shall be fired except by  means of a shot-firing apparatus of a type approved by the Chief Inspector and subject to such conditions as he may time to time lay down by notification in the Official Gazette:

Provided that the Chief Inspector may, in special cases, by order in writing, permit, subject to such conditions as he may specify, the use of any other shot-firing apparatus.

            (2) (i)  Every approved shot-firing apparatus in use in a coal mine  shall, once at least in every three months, be cleaned and thoroughly  overhauled by  a competent person appointed in writing by the manager.

            (ii)  No person shall use or allow to be used any approved apparatus which has become unsafe or defective.

            (3) No shot shall be fired at any place underground in a coal mine unless the place itself and all accessible places within a distance of 60 feet –

• are naturally wet; or
• have been drenched with  water  to such  extent  that  there  will be  no  danger of dry coal-dust being raised into the air by the shot;  or
• have been thoroughly treated with incombustible dust.

208. No explosive other than a permitted Explosive shall be used –

• in any coal mine in which inflammable gas has within the previous twelve months been reported to be present or in which safety lamps are required, by or in pursuance of these rules, to be used for any purpose other than inspections; and

• in any other coal mine in any main haulage road or main intake or main return airway or any place immediately contiguous to such road,  intake, airway or place, unless such road,  intake, airway or place is naturally wet throughout:

       Provided that in the case of any coal mine or any part of a coal mine, an exemption may be given by the Chief Inspector, subject to such conditions as he may impose, on the ground that on account of the special character of the coal mine, the prohibition of the use of explosives other than permitted explosives is not necessary.

209. In any coal mine in which the use of permitted explosives is required by these rules or any order made there under –

• where more shots than one are charged for firing, the shots shall be fired simultaneously;

• the aggregate charge in any number of shots fired simultaneously in a coal mine shall not exceed the permissible maximum charge laid  down  by the  Chief  Inspector  for the kind of Permitted Explosive used;

• no shot shall be fired in coal in any gallery unless –

• the coal has been undercut, overcut or sidecut: and
• the length of the shot hole is at least six inches less than the length of the cut.

210. In any underground part of a coal mine, two or more shots shall not be charged or fired in the same place simultaneously, if the explosive used is not a Permitted Explosive:

            Provided that this rule shall not apply to –

• working places in  which the  roof,  floor and  sides within  a radius of 100  feet  of the place where  shots are  to be fired are  naturally wet; or

• a cross-measure drift in stone if such drift does not contain dry coal-dust or shafts which are in the process of being sunk through or across the strata.

211. Where shots are fired electrically, the shot-firer shall –

• for the purpose of firing, use a cable which is not less than 60 feet in length:

• before coupling the cable to the  firing apparatus couple up the  cable himself to the fuse or detonator wires;

• take care to prevent the cable coming into contact with any power lighting cable; and

• himself couple  the  cable  to the  firing  apparatus, and  before  doing  so,  see that  all persons in vicinity have  taken  proper  shelter at a safe distance.

212. After a shot has been fired, the shot-firer appointed under rule 200 or other competent person appointed in writing by the manager of the coal mine shall, before any other person enters the place make a careful examination and with his assistants make the place safe. No other person shall enter the place until the examination has been made and the place has been declared to be safe in all respects.
213. When a shot has been misfired, the entrance to the firing place shall be fenced, and no person shall go beyond the fence until the expiration of one hour from the time of misfiring but when an electrical apparatus has been used for firing this interval may be reduced to such time, not being less than ten minutes after the cable has been disconnected from the firing battery, as the manager of the mine may in each case direct.
214. When a shot has misfired, the official or other competent person in charge of the explosive at the time of the misfire shall report the failure to the manager or under-manager, who shall record the fact in a book to be kept for purpose, and such official or other competent person shall give information of the failure to such person as may relieve or take over charge from him.
215. When a misfired charge of explosive has been blasted out, a careful search for cartridges and detonators, if any shall be made amongst the debris, and if not located underground, the tubs into which the debris loaded shall be marked and a further search made on the surface.

CHAPTER-XVIII

VENTILATION AND LIGHTING

216. (1) An adequate amount of ventilation shall be constantly produced in every coal mine to clear away smoke and to dilute and render harmless inflammable and noxious gases to such an extent that the working places of the shafts, levels and workings of coal mine, and the travelling roads to and from these working places, shall be in a safe state for persons working or passing therein.

            Explanation.- The word “adequate” defines the levels of various gases in coal mine air as under:-

Oxygen not less than 19%;

Carbon monoxide not more than 0.01%;

Hydrogen sulfide not more than 0.002%;

Nitrous fumes not more than 0.0005%;

Sulfur dioxide not more than 0.0005%;

Fire damp not more than 1%;

Nitrogen not more than 80%;

            Carbon dioxide not more than 0.5%.

            (2) Where the Chief Inspector is of the opinion that it is necessary for the adequate ventilation of coal mine or for the prevention of danger from inflammable or noxious gases, he may require that mechanical ventilator shall be installed.

217. (1) The Chief Inspector may require the manager of any coal mine in which, or in any part of which, a mechanical ventilator is in use, to submit within one month Standing Orders specifying the action that shall be taken with respect to the withdrawal of workmen from such coal mine or parts of such coal mine in the event of a stoppage of the mechanical ventilator.

            (2) The Chief Inspector may approve such Standing Orders either in the form submitted to him or with such additions or alterations as he may think fit and shall give notice in writing to the manager that the Standing Orders in the form approved by him shall be enforced at the coal mine.

            (3) On receipt of the notice from the Chief Inspector, the manager shall post the Standing Orders in conspicuous places at the coal mine both above and below ground and shall be responsible for securing effective compliance with them.

218. (1) In every coal mine in which inflammable gas has been found within the previous twelve months or where workings have been walled of on account of fire the quantity of air shall at least once in every months be measured –

• in the  main  intake  airways  of every  seam as near  as practicable  to the  downcast shafts;
• in every splits, as near as practicable to the point at which the split commences; and
• in each ventilating district, as near as practicable to a point  where the air is sub-divided at the end of a main split or where  it enters the first working place.

            (2) The measurements referred to in sub-rule (1) shall be entered in a book kept at the coal mine for the purpose.

219. (1) No artificial light other than an approved locked safety lamp shall be allowed or used –

• in any  seam in a coal mine in which an explosion or ignition  of inflammable gas has occurred during the previous twelve months:

         Provided that  the  Chief Inspector  may,  subject to  such   conditions  as he  may  impose, exempt any  coal mine  from the  operation of this clause on the  ground  that  on account of the  special character of the coal mine the use of safety lamps is not necessary;

• in any place in a coal mine in which there is or likely to be any such quantity of inflammable gas as to render the use of naked lights dangerous;

• in any working near a place in which there is likely to be an accumulation of inflammable gas; or

• in any ventilating district of a coal mine in which inflammable gas has been found during the previous twelve months;

• in any coal mine or part of a coal mine in which coal dust in the mine air is of such a character as to ignite or explode in the presence of naked light.

            (2) If any difference of opinion arises between an Inspector and a manager on the question whether the conditions specified in clause (ii), (iii) and  (v) of sub-rule (1) exist in any coal mine, the question shall be referred to the Chief Inspector whose decision thereon shall be final.

            (3)  In the case of any coal mine to which clause (iv) of sub-rule (1) applies, the Chief inspector may, if safety lamps are not immediately  available,  grant  a temporary exemption from the operation of that clause, subject  to  such  conditions as he may specify,  until such time  as safety lamps can be obtained.

            (4) In any coal mine or part of a coal mine in which safety lamps have been in use in compliance with the provisions of sub-rule (1), no artificial light other than an approved locked safety lamp shall subsequently be allowed or used except with the written consent of the Chief Inspector.

            Explanation.- Where the ventilation in a coal mine is not mechanically controlled, the ventilating district shall be deemed to include the whole coal mine. Where the ventilation is part only of a coal mine is not mechanically controlled, the whole of the part in which ventilation is not mechanically controlled shall be deemed to be a single ventilating district.

220. Notwithstanding anything contained in rule 219 the fixed electric lights from power mains may be used in any part of coal mine which is not within 600 feet of any working face; provided that such installation complies with the rules made under the Electricity Act, 1910, relating to the use of electric energy in parts of coal mines in which inflammable gas is likely to occur in quantity sufficient to be indicative of danger.
221. In any coal mine in which inflammable gas has been found during the previous twelve months, no advance gallery shall be driven more than ten feet ahead of the widened gallery and in every such gallery the ventilating current shall be conducted as  near to the working  face  as its practicable.
222. All safety lamps in ordinary use shall be numbered, and such record shall be kept of the persons to whom the lamps are issued that the user of any particular lamp can any time be identified from the record.
223. In every coal mine or part of a coal mine in which the use of safety lamps is for the  time being required by or in pursuance of these rules, the following  provisions shall  have effect, namely:-

• A competent person shall be appointed in writing by the manager to clean, trim, examine and lock securely all such  lamps before they are taken into the working for use, and such lamps shall not he issued for use until they have been so examined and found to be in safe working order and  securely locked.

• A competent person appointed in writing by the manager for the purpose shall examine every safety lamp at the surface immediately before it is taken underground for use and shall assure himself as far as practicable from external observation that each lamp is in safe working order and securely locked. The person so appointed shall not be the banksman except in a coal mine where the number of persons employed underground is not more than fifty at any one time.

• No safety lamp shall be unlocked except at the appointed lamp station.

• A competent person appointed in writing by the manager for the purpose shall examine every safety lamp on its being returned, after use underground. If on such examination any lamp is found to be damage or misuse in a book to be kept at the coal mine for the purpose. Every new entry in the book shall be shown to the manager without delay.

• The manager or a  competent official appointed in writing by the  manager for the purpose, other  than  the  persons referred  to in  clause (a)  and  (b) of this rule, shall  examine thoroughly  all  safety  lamps  in  use at  a  coal mine  at  least  once  in  every week,  and  shall record  the  result of his examination in a book  kept  at the  coal mine  for the purpose. If any lamp is found to be defective, it shall not be re issued for use until the defect has been remedied.

• No person unless he has been authorized in writing by the manager either for the purpose of examining or relighting safety lamps, shall have in his possession any contrivance for opening the lock of a safety lamp.

• No person shall have in his possession any unlocked safety lamp or naked light, and if it appears to any person that any safety lamp in his possession is defective or insecure he shall at oncecarefully extinguish the flame and report the fact to the sirdar or manager.

• No glass of an approved flame safety lamp shall be replaced except by a flam lamp glass manufactured by such firm and of such type and satisfying such conditions as the  Chief  Inspector  may  from  time  to  time  specify  by  notification  in  the  official Gazette.

• No bulb of an approved electric safety lamp shall be replaced except by an electric lamp bulb manufactured by such firm and of such type and satisfying such conditions as the Chief inspector may from time to time specify by notification in the official Gazette.

Explanation.-For the purposes of this rule the term “manager” includes an under manager and any person for the time being carrying on the duties of the manager.

224. Where the use of safety lamps is for the time being required by or in pursuance of these rules, one or more lamp stations for lighting or relighting the lamps shall be fixed by the manager at the entrance to the coal mine or part of the coal mine, as the case may require. No such lamp station shall be in a return airway. Every such lamp station shall be in charge of a person authorized in writing by the manager.
225. No person other than a person authorized by the manager to examine and lock safety lamps, shall either himself take or give out for use any safety lamp.
226. No person shall willfully damage, or improperly use or by improper means extinguish, any safety lamp, and no one except a person duly authorized by the manager in that behalf shall unlock or open or attempt to unlock or open any safety lamp.
227. Any person discovering the presence of inflammable gas in the working place shall immediately withdraw there from and inform the sirdar or manager.
228. In any underground part of a coal mine where adequate stationary lights are not in use, every person shall carry a light.
229. No person shall leave a light in any underground part of a coal mine unless and until he has placed it in charge of some person remaining therein.
230. Every person after passing through a door or brattice cloth shall at once close it.
231. (1) In every coal mine or pan of a coal mine in which the use of safety lamp is for the time being required by or in pursuance of these rules, no person shall have in his possession any match, smoking apparatus or any apparatus of any kind for striking a light except such apparatus for the purpose of shot-firing or relighting lamps as the Chief Inspector may by general or special order in writing authorize in this behalf.

            (2) A competent person appointed in writing by the manager for the purpose shall search all persons employed below ground immediately before they enter in such coal mine or part of a coal mine for the purpose of ascertaining whether they have in their possession any article of the nature described in sub-rule (1).

            (3) The person conducting the search shall –

• search or turn out all pockets;
• pass his hand over all clothing; and
• examine any article in the possession of the person searched.

            (4) If the person conducting the search suspects that the person searched in concealing any article of the nature described in sub-rule (1), he shall detain him and as soon as possible refer the matter to the manager or other official authorized by the manager for the purpose who shall not allow such person to enter the coal mine until he is satisfied that the person has no such article in his possession.

232. After such  date   as the  Chief  Inspector  may  fix  for  any  coal mine  in  view  of  the  special circumstances thereof, there shall, in every coal mine in which a mechanical contrivance for ventilation is used, be provided and  maintained in a condition to be put into immediate operation, adequate means for reversing the air current.

233. (i) There shall be constant check for the measurement of noise produced by any kind of machine or equipment used in or around mines.

             (ii)  As for as possible the noise level throughout the working shift at all work places shall not be allowed to exceed 90 dBA.

            (iii)  Where the noise level is increased more than 90 dBA during the working hours, every person working near the vicinity will be provided   personal ear protective devices.

CHAPTER XIX

FENCINGS AND GATES

234. (1) Every entrance to a coal mine from the surface and the top all  entrances between the top and  the bottom, including the sump, if any, of every working, ventilating or pumping shaft, and the top of every open  excavation shall be kept properly fenced:

            Provided that any fence may be temporarily removed for the purpose of repairs or other operations, if proper precautions are used.

            (2) The shafts and outlets temporarily or permanently out of use and any place in or about an excavation which is dangerous shall be kept properly fenced.

235. (1) Every entrance to a coal mine from the surface, by which the coal mine can be entered on foot, if it is regularly used as a travelling or haulage road, shall be provided with a gate, which shall be kept closed and locked when there are no persons underground in the coal mine and shall be so constructed as to prevent effectually, when closed, the entrance into the mine.

            (2) Every entrance to a coal mine from the surface, by which the coal mine can be entered on foot, if it is not regularly used as a travelling or haulage road, shall be permanently closed or kept properly fenced, across the whole width of the entrance.

            (3)  The gates and fences at entrances to coal mines shall be so constructed as not to prevent egress in case of emergency.

236. Every entrance to any place in a coal mine which is not in actual use or course of working or extension, shall be kept properly fenced across the whole width of the entrance, and every such fence shall be so constructed as effectually to prevent persons from entering such place inadvertently.
237. (1) Where any place in a coal mine is found to be dangerous, all approaches to the place shall be kept securely fenced of so that it cannot be entered inadvertently.

            (2) Where it is necessary to prevent danger to the public, every tank or reservoir shall be securely fenced.

238. Every fly-wheel and all exposed and dangerous parts of the machinery of whatever kind used in or about a coal mine shall be kept securely fenced, guarded or cased in such a manner as may be necessary to prevent accident.

CHAPTER XX

COAL MINE RESCUE

239. For the purpose of this chapter, the following expression shall have the meaning respectively assigned to them, that is to say –

• “Rescue Station Board’ means a Board constituted under this chapter;

• “rescue station’ means rescue station established under this chapter;

• “Fund’ means the Rescue Station Fund constituted under this chapter;

• “Instructor” means the officer appointed to impart training to the workers at the Rescue Station or with the mobile training unit at the site of the coal mines;

• “mobile training units” means a mobile training units established under this chapter;

• “rescue brigade” means a Rescue Brigade established under this chapter;

• “rescue work” means the operation to be conducted for rescuing the workers or other persons stranded in a mine by any mishap;

• “Superintendent” means the Rescue Superintendent of a rescue station; and

• ‘worker’ means the worker of a coal mine.

240. Establishment of the Rescue Station.(1) Government may establish one or more rescue station(s) for groups of specified mines or all mines in a specified area.

            (2) A rescue station shall consist of –

• one Rescue Superintendent;
• such other officer and staff including instructors, and other personnel capable of undertaking or conducting rescue works as are considered necessary by Government:
• a mobile training unit;
• rescue brigade.

241. Functions of the Rescue Station. The Rescue Station shall–

• impart training in courses prescribed by the Rescue Station Board in rotation to at least fifty in workers and other persons interested in mining;

• arrange preliminary training to the workers of any coal mine through the mobile training unit;

• keep mobile training units, mobile in the coal mine field areas;

• carryout through a rescue, brigade or cause to be carried out rescue work by the owners;

• take steps necessary to prevent accidents in a coal mine;

• maintain and cause the owner to maintain first aid facilities and where necessary well equipped ambulances;

• maintain and cause the owners to maintain adequate number of apparatus, devices, instruments, equipment and other material necessary for conducting rescue work;

• tender advice to the owners in respect of rescue work;

• do anything and take any action incidental to the rescue work.

242. Management of the Rescue Station(s).A rescue station shall be managed by a Board consisting of-

• the Chief Inspector shall be the Chairman of the Board;
• the Superintendent (Member);
• the Inspector of Coal Mines (Member),who shall also act as Cess Officer;
• one representative of the owners to be nominated by the owners association(Member).
• one representative of the managers responsible for on the spot management of the coal mines(Member).
• one representative of the workers elected from amongst themselves;
• such other persons as may be nominated by Government, who must be Mining Engineer, having practical experience not less than 10 years of coal mines in Sindh, where preference  shall be given the person who shall be the knowledge of Financial matter with Degree/Certificate in Finance Subjects(Members).

243. Powers and Functions of the Board. The Board shall –

• supervise the work of and be responsible for proper functioning of the rescue station(s);

• prescribe for training in course to be imparted by the rescue station;

• take such measures as may be considered necessary to keep the rescue station properly equipped;

• determine fees to be paid by workers and persons admitted to the training in the prescribed courses;

• have power to incur expenditure as may be specified by the Government for carrying out the purpose of these rules;

• take such action as may be necessary or conductive to the attainment of the objectives of these rules;

• determine and fix the sale cost of coal as per prevailing market rate with the approval of Government.

244. Meeting of the Board.(1) All business of the Board shall be disposed of in the meetings of the Board.

              (2) The meetings of the Board shall be held at such time and place as may be determined by the Chief Inspector but shall be held atleast twice a year.

             (3) The meeting of the Board shall be presided over by the Chief Inspector and in his absence, by the Rescue Superintendent.

245. Rescue Superintendent. The Superintendent shall –

• be the in charge of a rescue station;
• require the owners to depute workers for training and course and any worker so deputed shall be entitled to remuneration and be paid by the owners, through the rescue station as if such worker has performed his routine duties at or in the coal mine;
• notify the time and schedule of the training and courses;
• have such financial powers as may conferred by the Board.

246. Mobile Training Unit. (1) The Mobile Training Unit shall consist of such numbers of Instructors and other personnel headed by an incharge as may be determined by the Superintendent.

            (2)The mobile training unit shall be responsible for imparting on the spot training of preliminary rescue work to the workers.

            (3) The mobile training unit shall be equipped with such equipment’s as may be necessary for imparting training and staging practical demonstration of rescue work.

247. Rescue Brigade. A Rescue Brigade shall consist of teams, officers and personnel capable of performing rescue work.

            (2) Every team shall be in the charge of senior officers as may be appointed by the Superintendent and shall be equipped with necessary material for conducting rescue work.

            (3) The duty hours of the team shall be so arranged by the Superintendent that at least one team shall, at any time be immediately available for rescue work.

            (4) The team shall, on receipt of any information of a mishap in any coal mine, at once to the site of the mishap with all necessary equipments and take the rescue work under its control.

            (5) The owners shall place all available facilities and trained personnel at the disposal of the Rescue Brigade, and shall provide all possible assistance in enhancing the place of the rescue work.

248. Fund. (1)There shall be a Fund to be known as the Rescue Station Fund.

            (2) The Fund shall consist of –

• the excise or cess duty levied on coal and coke for two percent of coal sale cost per ton;
• grants made by Government, Federal Government, Local Government or other donor agencies;

            (3) All the moneys in the fund shall be kept in such bank as may be specified by the Government;

            (4) The Fund shall be utilized solely for the purpose of rescue station.

            (5) All expenditures of rescue station shall be met from the Fund in accordance with the budget thereof approved by the Rescue Station Board.

            (6) The accounts of the Fund shall be audited by such person or authority as may be appointed by Government.

249. Excise duty, (1)There shall be levied an excise duty on coal and coke at the maximum rate specified by Government from time to time.

            (2) The excise duty shall be paid by the owner on all products of the coal mine produced and dispatched there from to the head of the account as notified by the Government, through a bank challan in quadruplicate.

            (3) A copy of the challan shall be retained by the bank, and one each shall be forwarded to the Chief Inspector and the Board and the fourth shall be returned to the depositor.

            (4) The amount of the cess recovered shall be allocated to the Fund.

250. Returns. An owner shall, by the 10th of the month next following, submit a monthly return to the Chief Inspector of all product of the coal mine produced and dispatched there from during the month, the amount of the excise duty paid thereon and the number and date of the challan of the payment.
251. Account of challan and returns. The Chief Inspector shall keep an account of all challans, and the returns and shall maintain a register of all the excise duty paid.
252. Inspection.- The Chief Inspector or any other officer authorized by him in that behalf may from time to time, inspect the record of the coal mine with a view to see whether the cess has been paid or not.
253. Default. In the case of default in payment of the cess or a part thereof the defaulting owners shall be proceeded in accordance with the Sindh Land Revenue Act, 1967 Government Dues Recovery Ordinance, 1962, for the recovery of the cess or part thereof.
254. Refund of excess. In the case of any excess payment made by the owner, a claim for the refund or adjustment of the amount paid in excess shall be preferred with Government which shall after making such enquiry as deemed and affording right of personnel hearing make necessary orders which shall be final.

CHAPTER XXI

MISCELLANEOUS

255. Decision of question whether a mine is under these rules. If any question arises as to whether any excavation or working is a coal mine within the meaning of these rules, the Government may decide the question.

256. Power to exempt from operation of these rules. (1) Government may, by notification in the official Gazette, exempt either absolutely or subject to any specified conditions any local area or any coal mine or group or class of coal mines or any part of a coal mine or any class of persons from the operation of all or any specified provisions of these rules:

            Provided that no local area or coal mine or group or class of mines shall be exempted from the provisions of rule 86 unless it is also exempted from the operation of all the other provisions of these rules.

            Provided further that no exemption from the operation of the provisions of rule 82 shall be granted unless, in the case of an emergency, the national interest so requires and the employers’ and workers organization  concerned have been consulted.

            Provided further that no exemption from the operation of the provisions of rule 77 or rule 78 rule 85 shall be granted except in the event of war or other emergency threatening the national safety.

257. Power to alter or rescind orders. Government may reverse or modify any order passed under these rules.

258. Application of rules over Government mines. These rules shall apply to coal mines belonging to Government.

259. Saving.No suit, prosecution or other legal proceeding whatever shall lie against any person for anything who is in good faith done or intended to be done under these rules.
260. Sufficient materials and appliances shall be kept in stock for the proper carrying out of all necessary operations in manner consonant with the provisions of these rules.
261. No person shall be allowed to take or consume any intoxicating drink or drug while at work in or about a coal mine and no person shall enter or may be in or about a coal mine in a state of intoxication.

262. The prescribed abstracts of the Sindh Coal Mines Rules, 2016 applicable to the coal mine shall be posted up at or near every coal mine in Urdu or local vernacular.

263. All plans and books which are required to be kept under these rules shall be kept at an office or other building as near as conveniently may be to, and used in connection with the working of the coal mine, and shall be produced on the demand of Chief Inspector or an Inspector or any person authorized in this behalf by the Chief Inspector of Mines.

264. If the Chief Inspector is of the opinion that muster roll or register regularly maintained for a coal mine gives, in respect of any or all of the workers in such coal mine, the particulars required to be maintained in a register under these rules, he may, by order in writing, direct that such muster roll or register shall, to the corresponding extent, be maintained in place of and be treated as the register required under these rule.

265. The originals, or true copies, of all reports made or the registers maintained in conformity with these rules made there under shall be maintained at the coal mine for a period of five years after the date of such report or the date of last entry in such register.

266. If any person is incharge of any machinery, apparatus or appliances used in or about a mine, observes any defect or dangerous flaw there in he shall immediately report the fact to the manager ,under-manager or engine-wright, or other responsible official.
267. Every person shall strictly comply with all lawful orders issued by the manager or such other official as may be empowered by the manager to issue the same.
268. No person who has been appointed by the manger in writing for a specific duty shall depute another person to do his work without the   sanction of the official to whom he is subordinate, and no such person shall absent himself without having previously obtained permission from such official for the term of his absence or without having been relieved by another person appointed as aforesaid.
269. No person who has been appointed in writing by the manager for a specific duty shall sleep whilston duty.
270. No person shall negligently or willfully do anything likely to endanger life or limb in the coal mine, or negligently or willfully omit to do or anything necessary for the safety of the coal mine or the persons employed therein.
271. No person shall damage, destroy or improperly interfere with anything provided for or used in the working of the coal mine.
272. No person shall remove or pass through any fence, or recover or pass any danger-signal, unless specially so authorized by the manager or an officer empowered by the manager in that behalf.
273. A competent person or persons appointed by the manager for the purpose shall keep a correct record of the number of persons going underground daily and returning from underground daily and, if required by the manager every person shall immediately before going underground and after returning from underground record his presence in accordance with any system approved for the coal mine by the Chief Inspector or an Inspector:

            Provided that this rule shall not apply in the case of any person appointed to carry out duties of superintendence, management or control.

274. When wagons are about to be moved, persons likely to been dangered shall be warned by the persons incharge of the work.
275. The movement of railway wagons by gravity or manual power shall only be carried on under the direct supervision of a responsible male person who shall either himself control the brake or depute a competent person to do so. Where more wagons than one are being moved at the same time, wagon shall be coupled together. Persons employed in moving wagons shall do so only by pushing from behind the last wagon.
276. If any person required by these rules to make any report is unable to write, he shall be present when his report is written for him, and shall have it read over to him, and shall attach his thumb mark to it. The person writing the report shall also sign his name at the end together with a statement that it has been read over to the person for whom it was written.
277. The fees payable under rule 44 (1), 45 (2), 46 shall be paid directly into the Treasury or a branch of the State Bank of Pakistan and any scheduled bank, and the receipt of the Treasury or Bank shall be sent to the Chief Inspector alongwith application to which the fee relates .An application un accompanied by such receipt shall be rejected. The fee payable under rule 50 (3)shall be paid direct in to the Treasury or a branch of the State Bank of Pakistan or any scheduled bank, but such payment need not be made until the application to which the fee relates has been accepted.
278. Payment in advance in certain cases. Any person who has been allowed leave for not less than four days under rule 98 shall be for his leave begins; be paid the wages due for the period of the leave allowed.
279. Power of Inspector to act for workers. Any Inspector may institute proceedings on behalf of any person who has been or is employed in a coal mine to recover any sum required to be, but not, paid by an owner, agent or manager in accordance with this Chapter.
280. At every sealed-off fire area in any coal mine and at every goaf or area of old workings isolated by stopping’s in any coal mine in which safety lamps are required to be used in compliance with rule 219, arrangements shall be made to ascertain from time to time atmospheric conditions behind the stopping:

                Provided that this rule shall not apply-

• to an area in a coal mine which is isolated by stoppings capable of resisting the force of an explosion, or

• to any coal mine or pan of a coal mine where in the opinion of the Chief Inspector special difficulties exist which make compliance with the provisions of this rule not reasonably practicable.

CHAPTER XXII

PENALTIES AND PROCEDURE

281. Obstructions.(1)Whoever obstructs the Chief Inspector, an Inspector or any person authorized by the Chief Inspector in discharge of his duties, under these rules or refuses or willfully neglects to afford the Chief Inspector, an Inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry in relation to any coal mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred thousand rupees, or with both.

            (2)  Whoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of these rules, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent, any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under these rules, shall be punishable, with fine which may extend to fifty thousand rupees.

282. Falsification of records etc. Whoever –

• counterfeits, or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under these rules, or

• knowingly uses as true any such counterfeit or false certificate, or

• makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under  these rules  or any employment in a coal mine, or

• falsifies any plan or register or record the maintenance of which is required by or under these rules, or

• makes, gives or delivers any plan return, notice, record or report containing a statement entry or detail which is not to the best of his knowledge or belief true, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred thousand rupees, or with both.

283. Omission to furnish plans etc. Any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan, return, notice, register, record or report required by these rules to be made or furnished shall be punishable with fine which may extend to fifty thousand rupees.
284. Contravention of provision regarding employment labour. Whoever, save as permitted by rule 84, contravenes any provision of these rules or any order made there under prohibiting, restricting or regulating the employment or presence of persons in or about a coal mine shall be punishable with fine which may extend to fifty thousand rupees.
285. Notice of accidents. (1) Whoever, in contravention of the provisions of sub rule (1) of rule 62 fails to give notice of any accidental occurrence shall, if the occurrence results in serious bodily injury, be punishable with fine which may extend to fifty thousand rupees, or, if the occurrence results in loss of life, be punishable with imprisonment which may extend to three month or with fine which may extend to one hundred thousand rupees, or with both.

            (2) Whoever in contravention of a direction made by Government under sub-rule (2) of rule 62 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with fine which may extend to ten thousand rupees.

286. Disobedience of orders. (i) Whoever contravenes any provision of these rules or any order made there under for the contravention of which no penalty is hereinbefore provided shall be punishable with fine which may extend to ten thousand rupees and in case of continuing contravention with the further fine which may extend to one thousand for every day on which the offender is proved to have prosecuted in the contravention of the date of the first conviction.

            (ii) If any person willfully neglects to get the coal mine registered under Chapter-II shall be punishable with fine which may extend to five thousands rupees or liable to closer of his coal mine or as the case may be cancelation of his license or lease.

287. Contravention of law with dangerous results. (1) Notwithstanding anything hereinbefore contained, whoever contravenes any provision or of any rule or any order made there shall be punishable if such contravention, result, in loss of life, with imprisonment which may extend to one year or with fine which may extend to Two Hundred thousand rupees, or with both or, if such contravention results in serious bodily injury, with imprisonment which may extend to six months, or with fine which may extend to One Hundred thousand rupees, or with both or, if such contravention, otherwise causes injury or danger to worker or other person in or about the coal mine, with imprisonment, which may extend to one month, or with fine which may extend to Fifty Five thousand rupees, or with both.

            (2) Where a person having been convicted under this rule is again convicted there under shall be punishable with double the punishment provided by sub rule (1).

            (3) Any Court imposing, or confirming in appeal, revision or otherwise, a sentence of fine passed under this rule may, when passing judgment order the whole or any part of the fine recovered to be paid as compensation to the person injured, or in the case of his death to his legal representative.

            Provided that if the fine is imposed in case which is subject to appeal, no such payment shall be made before the period  allowed for presenting the appeal has elapsed, or, if an appeal has been presented, before the decision of the appeal.

288. Special provision regarding fine. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure 1898 (Act V of 1898), it shall be lawful for a Magistrate of the first class to pass sentence of fine forty five thousand rupees authorized by these rules on any person convicted of the offence there under.
289. Prosecution of owner, agent or manager. No prosecution shall be instituted against any owner, agent or manager for any offence under these rules except at the instance of the Chief Inspector or an Inspector authorized in this behalf by general or special order in writing of the by the Chief Inspector.
290. Limitation of prosecutions. No Court shall take cognizance of any offence under these rules unless complaint there under has been made –

• within six months of the date on which the offence is alleged to have been committed; or

• within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector; or

• in any case where a person has been appointed by Government under rule 63 to hold an inquiry, within six months of the date of the making of the report referred to in sub-rule (4) of that rule, whichever is the later:

          Provided that the Chief Inspector, Inspector or any person authorized in this behalf may request the Court for taking cognizance of any offence to the limit exceeding six months in the circumstances beyond the control of Government, Chief Inspector or Inspector, to be recorded writing.

291. Cognizance of offences. No Court inferior to that of Magistrate of the First Class shall try any offence under these rules which is alleged to have been committed by any owner agent or manager of a coal mine or any offence which is by these rules made punishable with imprisonment.
292. Reference to Mining Board or Committee in lieu of prosecution in certain cases. (1) If the Court trying any case instituted at the instance of the Chief Inspector or of an Inspector under these rules is of opinion that the case is one which should, in lieu of a prosecution, be referred to a Mining Board or a Committee, it may stay the criminal proceedings and report the matter to Government with a view to such reference being made.

            (2) On receipt of a report under sub-rule (1), Government may refer the case to a Mining Board or a Committee, or may direct the Court to proceed with the trial

293. Effect of Violation. If any person willfully neglects to get the coal mine registered under sub rule (1) of rule 8 shall be punishable with fine which may extend to twenty five thousand or liable to closer of his coal mine or as the case may be cancellation of his license/lease.
294. Recovery of expenses. The Board may direct that the expenses of any inquiry conducted by a Mining Board or Committee shall be borne in whole or in part by the owner or agent of the coal mine concerned ,and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a Magistrate having jurisdiction at the place where the coal mine is situated or where such owner or agents for the time being resident, be recovered by the distress and sale of any movable property with in the limits of the Magistrate’s jurisdiction belonging to such owner or agent.

SCHEDULE-A

FORM-1

[Rule – 8 (1)]

Application Form

Name or No of the Coal mine    _______________________________________________

Name of Owner or Managing Director with National Identity Card Number _____________________________________________________________________________________

Address of Owner or Managing Director             _________________________________

Situation of Leased Area, Village, Post Office, District.______________________________

Name of Coal mine Manager appointed or to be appointed with National Identity Card Number                _________________________________________________________________________

Name/Number of Supervising Staff       _________________________________________________

Maximum Number of persons to be employed in the Coal mines.

Skilled  ____________________________

Unskilled            ____________________________

Whether explosive will be used in Coal mines, if yes, name of competent shot firer___________________________________________________________________________________

Treasure ChallanNo._____________Dated__________________for ­­Rs.____________________ deposited in ____________________________.

Copy of the working scheme and working plan prepared and signed by qualified Mining Engineer_____________________________.

Copy of health & safety plan singed by competent Mining Engineer_____________________________________________________

I/We hereby declare that the details given above are correct to the best of my/our knowledge and belief.

SIGNATURE OF OWNER ,AGENT OR MANAGER.

Note:- This Form shall accompany treasury Challan in original, Manager’s Permit, copy of working Scheme, working plan and copy of Mining lease,  license or permit issued from Director General of Coal Mines, Sindh

F O R M – II

[Rule – 8(3)]

R e g i s t e r a t i o n   of   M i n e s

FORM –III

[RULE 8 (4)]

Registration Certificate

1. Name or No. of coal mine__________________________________________
2. Lease, license, Permit No_________________________________
3. Location of coal mine______________________________________________
4. Name of Owner , Agent and Manager with National identity Card No. of coal mine____________________
5. Postal address of Owner, Agent and Manager of coal mine_________________
6. Registration No._______________________________________________

It is hereby certified that the coal mine as mentioned above is registered under   Rule -8 of Coal Mines Rules 2016 on this————— day of—————– to——————– for the purpose of Coal Mining Operations.

Signature of Chief Inspector of Coal Mines

Note: This registration certificate shall be produced for renewal with Form-I to this office within one month of its expiry.

Schedule-B

                                                 Form -1

         [Rule 45(1) (ii)]

Form of application for registration

1. Name, NIC, Nationality and address of the applicant.
2. Age.
3. Full details of qualifications and previous mining experience.
4. Name of the mine or mines in the Pakistan Dominion in which the training is desired.
5. The capacity or capacities in which it is proposed to obtain the training.
6. Whether the owner, agent or manager of the mine has agreed to the training.
7. Date on which it is proposed to commence training.
8. Any other relevant information which the applicant may like to mention.

Signature of Applicant

Schedule-C.

Form-I

[Rule 53 (1)]

Subject for first class certificates of competency to manage a mine

(Manager Certificate)

Mining Laws:-

All mining Laws applicable to Coal Mines including Sindh Coal Act 2012, and Rules, by Laws framed there under, Mines Act 1923, its regulations and rules. The electricity rules so far as they are applicable to coal mines in vogue.

Mine Management and Economics.

As per syllabus prescribed by the Board of examiners.

Mine Safety:–

1. ventilation explosive
2. underground fires and inundation,

• natural ventilation

1. fans and other means of ventilation
2. distribution, measurement and control of air in mines
3. Mines gases

vii.       Construction and testing of safety lamps

Viii       Spontaneous heating

viii.        Coal dust

1. Rescue of personnel and recovery of Mines after explosion fire inundation
2. Making enquiry into accidents and writing reports of such enquiry.

Advance Mining Technology;-

As per syllabus prescribed by the Board of examiner.

Note-I.A candidate who possesses post-graduate degree in Mining engineering from a recognized university shall be exempt from appearing in the subjects of mine managements, Economics and Advanced Mining Technology.

Note-II.If the candidate proves to the satisfaction for the Board that he has passed any of the above subjects the Board may exempt him from appearing in that subject.

• Subjects for second class certificate of competency to manage a mine(Manager’s certificate).

Ventilation, Explosion and underground fires

• Natural ventilation
• fans and others means of ventilation
• Distribution, measurement and control of air/fires in mines
• Mines, gages, construction, use and testing of safety lamps,
• heating and spontaneous combustion
• Coal dust
• Recovery of mines after explosion, fires and inundation.

(b)Mine Machinery:

1. Strength of materials and steam
2. Compressed air electricity

• Winding,hauling,pumping,transmission of powers

1. Mechanical coal cutting and drilling machines
2. Advancement in the field of Mine Machinery.

Surveying, leveling and menstruation:-

1. Magnetic declination, loose and fast needle
2. Surveying,handling and use of thedolite, contour lines

• Leveling calculation,Triangulation, connection of surface and under-ground surveys

1. Mines plans and instrument.

Note-I.A candidate who possesses a degree or any equivalent qualification in mining engineering from a recognized university of institution shall be exempt from appearing the aforesaid subjects.

Note-II. A who proves to the satisfaction of the Board that he has passed any of the subjects as part of curriculum of degree course the board may exempt him from appearing in that subject:

Mining and Labour Laws

1. i) All mining and labour laws applicable to Coal Mines in vogue including the workmen’s compensation Act the payment of wages Act and the explosive Act along with Rules and Regulations made there under:

• Geology and Mining:-

            As per syllabus prescribed by the board of examiners.

Subjects for the candidate of competency to survey the working of a mine.

(Surveyor’s certificate).

• The theodolite and its use;
• connection of surface and underground surveys;
• Rectangulation;
• plotting by the protractor and by co-ordinates;
• The preparation and use of mines plans section
• The use, care and testing of instruments relating to
• The construction of scales and drawing
• plain table surveying technology;-
• Magnetic declination and determination of its accounts
• The use of the chains
• The mines dials, loose and fast needle surveying
• Calculation of the area volumes.
• Leveling instruments, contour lines and leveling.

Form –II

[Rule 53 (4&5)]

 PAPERS FOR FIRST CLASS CERTIFICATE OF COMPETENCY

            PAPERS FOR SECOND CLASS CERTIFICATE OF COMPETENCY

PAPERS FOR SURVEYORS’S CERTIFICATE

PAPERS FORUNDERGROUND SIRDARS AND SHOT FIRES EXAMIONATION

Note:-Time allowed to each candidate in case of oral examination shall be according to the availability of time in day for group of candidate as specified by the Chairman.

Form –III

[Rule 56 (2)]

              QUALIFICATIONS OF LOCAL EXAMINERS FOR FIRST AND SECOND CLASS MANAGER’S CERTIFICATE EXAMINATION

• A first class Mine Manager’s certificate of competency and/or such other post-graduate qualification in the field from a recognized university.

• Qualification of Local Examiners for the surveyors certificate Examination:- Having survey Competency certificate and or a degree in Engineering possessing experience in Mine surveying.

• Qualifications for External Examiner for Sirdar and Shot Firer’s Examination: – Having first or second class Managers competency certificate shall act an External qualification for internal Examiner for sirdar and shot Firer’s certificate examination.

Each examiner, Invigilator, or member, may be paid remuneration on the scales as prescribed by the Board of examiners.

Schedule D

Form -I

[Rule( 89)]

Form of Certificate for Employment Underground in a Mine

Signature of qualified medical practitioner           Signature of                     Qualified Medical Practitioner

Schedule-E

Form-I

[Rule 104 (1)]

REGISTER OF EMPLOYEES

Form-II

[Rule 104 (2)]

REGISTER OF PERSONS EMPLOYED UNDERGROUND

(Persons entering the mine shall be shown by a X or actual time in the columns marked ‘IN’ against the name)

(Person leaving the mine shall be shown by a X or actual time in the columns marked ‘OUT’ against the name.)

All entries shall be made in ink and the time keepers shall initial at the end of entries on the day to which these relate.

Period of work commences at: A.M/P.M

 Period of work ends at: A.M./P.M.

1. Total Number of persons underground according to nature of work.

 a)

1. b)
2. c) so on …

 Total ………. ……….

Signature of Manager                             Signature of Time Keeper

Form-III

[Rule 105]

    NOTICE OF COMMENCEMENT AND END OF WORK

Name of Mine.

Name of owner of a Mine.

It is hereby notified that persons employed in this mine shall begin and end their period of work between the hours set out below:

Kind of work

Note. – The words and letters not wanted should be scored out.

In the case of underground workers the entry in the rest interval column will be nil.

Schedule-F

 Form-I

[Rule 112 (1)]

Monthly return of coal raising and coal dispatches for the month………………20

1. Name of mine.
2. Name of owner.
3. Postal address of owner.
4. Raisings of coal of all kinds (including colliery consumption and coal used for coke making). Tons.
5. Dispatches of Coal. Tons.
6. Signature of owner, agent or manager.

Form -II

 [Rule 112 (2)]

Annual return for the year ending on the 31^st December,20

1. Name of mine.
2. Postal address of mine.
3. Date of opening.
4. Date of closing (if closed).
5. Situation of mine.

District Provision

6. Name of owner.

Postal address of owner.

7. Name of Managing Agents (if any)

Postal address of Managing Agents (if any).

Form -III

 [Rule 112 (4)]

Week selected by the Chief Inspector – February……..… to ……..….

Date to which this return relates — February …………….

Part – I

Total number of persons attending work on the day shown above.

Classification                                                 No. of persons

1. – Underground (i.e., Places lying beneath the superjacent ground).
2. Males.

1. – Open working [i.e., in workings of the mine (including quarries) which are not situated beneath the superjacent ground]

1. Males.
2. Females.

1. – Surface (i.e., not in the working of the mine, including all subordinate officials and persons employed on sidings, loading wharves, private railways and surface tramways and also in carting).
2. Males.
3. Females.

Part – II

Total number of persons who ordinarily work in the mine but were prevented by sickness or other cause from attending work on the day shown above.

Classification                                                                        No. of persons

1. – Underground (i.e., Places lying beneath the superjacent ground).
2. Males.

1. – Open working [i.e., in workings of the mine (including quarries) which are not situated beneath the superjacent ground]

1. Males.
2. Females.

1. – Surface (i.e., not in the working of the mine, including all subordinate officials and persons employed on sidings, loading wharves, private railways and surface tramways and also in carting).

1. Males.
2. Females.

I certify that total number of persons attending work was not higher on any other day of the week selected by the Chief Inspector.

………………………………

Dated the…………….                                        Owner, Agent or Manager,

Note.—Where males are employed in both underground and open workings, the figure relating to them should included under Section A.

Name of coal mine.

Name of owner.

Postal address of owner.

Signature of owner, agent or manager.

Form -IV

 [Rule 112 (2)]

Persons employed during the year ending on 31^st December, 20and wages paid for work done in December, 20

            Note. (1) – Where number employed in both underground and open workings, the figures relating to them should be included under section A.

            Note. (2) –  Where work paid through contractors the sums entered in column 7 should be the sums paid by the contractors to the workmen, so far as these can be ascertained.

Form -V

[Rule 112 (2)]

                        Accidents and Prosecution.

*Accidents, which were reported as serious accidents but resulted fatally, should be entered as fatal accidents.

Form -VI

[ Rule 112 (2)]

Epidemic Diseases.

**Figures for any other specified disease which has been epidemic at the mine should be entered in this form.

Form -VII

 [Rule 112 (2)]

 Type and aggregate horse-power of electric apparatus

1. System of supply (whether continuous current or alternating current)

Voltage of supply   …         …         …         …         …         …         …

Periodicity               …         …         …         …         …         …         …

Source of supply    …         …         …         …         …        

2. Voltage at which current is used for-

Lighting                               …         …         …         …        

Power                                  …         …         …         …        

3. Aggregate horse-power of motors installed on surface for winding.

Ventilation              …         …         …         …         …         …         …

Haulage                               …         …         …         …         …         …

Coal washing or screening            …         …         …         …         …

Miscellaneous                     …         …         …         …         …         …

                                                         Total horse-power

4. Aggregate horse-power of motors installed underground for-

Haulage                               …         …         …         …         …         …

Pumping                              …         …         …         …         …         …

Portable machinery           …         …         …         …         …         …

Miscellaneous                     …         …         …         …         …         …

                                                         Total horse-power

5. Total horse-power (addition of 3 and 4).

Schedule F

 Form -VIII

 [Rule 112 (2)]

Explosives, safety lamps, mechanical ventilators, and coal-cutting machines.

Form IX

  [Rule 112 (2)]

Output for year ending on the 31^st December, 20_____

COAL DESPATCHED TO COAK FACTORIES  ……                …….                 ……..                               ……    TONS

Note: –    The total in column 5 must be the same as the total in column 10

                                The figures should be in tons and rupees.

            Note:-  The total in column 3 must be the same at the total in column 7.

                                 The figures should be in tons and rupees, omitting cwts.       

                                                                                                                                Signature of owner, Agent or Manager.

Date of signature.                (if the form is signed by Managing Agents the words “for owner” should be added)

Form – X

[Rule 123]

Notice of occurrence

Form:– _________________________________________

___________________________________________________

___________________________________________________

To

THE CHIEF INSPECTOR OF COAL MINES, ________________

Sir,

I have the honour to furnish the following particulars of an occurrence of a fatal accident

a serious accident

an accidental adds explosion or ignition

an outbreak of fire at the ………………………………. Mine

smoke or other indications of outbreak of fire

an influx of noxious gases

an irruption of water

Name              Sex                  Killed or injured        Age                              Occupation

1. Situation of the mine. (Village, Stations, District, Province)
2. Name and postal address of owner.
3. Particulars of person killed and injured, if any
4. Date and hour of the occurrence.
5. Place of occurrence.
6. Cause and description.

7 Classification of accident

8. Nature of injury, if any, and, fatal, cause of death.

I have the honor to be,Sir,

Your most obedient servant,

                                                                                                    Owner, Agent, Manager

FORM XI

[RULE 125 (4) (iii)]

Code of Signs

BRICKS, STONE OR CONCRETE VENTILATIONSTOPPINGS …

FIRES DAMS OR SEALS … … … … … … …

WATER DAM … … … … … … … …

DOORS … … … … … … … … …

REGULATROS … … … … … … … …

AIR CROSSING … … … … … … … …

TELEPHONES … … … … … … … …

UNDERGROUND AMBULANCE STATION IN RED … … …

DIRECTION OF AIR CURRENT … … … … … …

(AGHA WASIF ABBAS)

SECRETARY TO GOVERNMENT OF SINDH

No. ED/CICM(Coal)/1-1/2016                        Karachi dated     August, 2016