[Act 12 of 1952] [4th March, 1952] [Repealed by Act 28 of
1974, S. 19 (w.e.f. 1-4-1975)] An Act to provide for the
conservation of coal and make further provision for safety in [1][,
and development of,] coal mines Be it enacted by Parliament
as follows. (1)
This Act may be called the Coal Mines
(Conservation [2][, Safety and Development])
Act, 1952. (2)
It extends to the whole of India except the
State of Jammu and Kashmir. It is hereby declared that
it is expedient in the public interest that the Central Government should take
under its control the regulation [3][and
development] of coal mines to the extent hereinafter provided. In this Act, unless the
context otherwise requires, (a)
?Board? means the Coal Board established
under Section 4; (b)
?blending? means the process of intimately
mixing different varieties of coal so as to provide a mixture which on
carbonisation results in coke, which, in the opinion of the Board, is suitable
for being used in metallurgical industries, particularly in iron and steel
industries; (c)
?coal? includes coke in all its forms; (d)
?coking coal? means such type of coal from
which on carbonisation coke suitable, in the opinion of the Board, for being
used in metallurgical industries, particularly in iron and steel industries,
can be prepared; (e)
?Chief Inspector? and ?Inspector? mean the
persons respectively appointed as the Chief Inspector of Mines and Inspector of
Mines under sub-section (1) of Section 4 of the Indian Mines Act, 1923 (4 of
1923)[4] and
the provisions of that Act shall apply to the Chief Inspector and to all
Inspectors while exercising their powers under this Act or the rules made
thereunder; (f)
[5][?Development Fund? means the Coal Development Fund
constituted under Section 12;] (g)
?India? means the territory of India
excluding the State of Jammu and Kashmir; (h)
?prescribed? means prescribed by rules made
under this Act; [6][(hh) ?railway? shall have the meaning assigned to it in
the Indian Railways Act, 1890 (9 of 1890); [7][(hha) ?Safety Fund? means the Coal Mines Safety and
Conservation Fund constituted under Section 12;] (hhh) ?safety in coal mines? includes the safety of any
railway situated on the surface above a coal mine;] (i)
?soft coke? means all coke which is
unsuitable for being used in metallurgical industries, and ?hard coke? means
all coke which is not soft coke; (j)
?stowing? means the operation of filling with
sand or any other material or with both spaces left underground in a coal mine
by the extraction of coal; (k)
?washing? means such a process or a
combination of processes as may be approved in this behalf by the Board by
which the whole or any part of the shaley and mineral matter found in the coal
is removed therefrom; (l)
?agent?, ?mine? and ?owner? have the meanings
respectively assigned to them in Section 3 of the Indian Mines Act, 1923 (4 of
1923)[8]. (1)
There shall be established a Board[9],
to be called the Coal Board, and such Board shall be a body corporate having
perpetual succession and a common seal and shall by the said name sue and be
sued. (2)
The Board shall consist of a Chairman and
such number of other members, not exceeding six, as the Central Government may
think fit to appoint and the members (including the Chairman) shall hold office
during the pleasure of the Central Government for any period not exceeding five
years and shall be eligible for re-appointment: Provided that the Chairman
or any other member of the Board may resign his office by giving notice in
writing to the Central Government and shall, on such resignation being accepted
by that Government, be deemed to have vacated his office. (3)
No act or proceeding of the Board shall be
invalid by reason only of the existence of any vacancy amongst its members
(including the Chairman) or any defect in the constitution thereof. (1)
The Board may, for the purpose of maintenance
of safety in coal mines [10][or
for development of coal mines] or for conservation of coal, exercise such
powers and discharge such duties as may be assigned to it by or under this Act. (2)
The Central Government may, by general or
special order[11], delegate to the Board,
subject to such conditions and limitations (if any) as may be specified in the
order, such of its powers and duties under this Act or under any other law for
the time being in force as it may deem necessary for effectively dealing with problems
relating to safety in [12][,
or development of,] coal mines or conservation of coal and matters connected
therewith or incidental thereto. (1)
If in the opinion of the Board, it is
necessary or desirable that any measures, including stowing, required in
furtherance of the objects of this Act should be undertaken directly by the
Board, the Board may execute or cause to be executed such measures under its
own supervision. (2)
For the purposes of this section, the Board
shall have the right for itself and all persons employed in the execution of
any work undertaken under this section to enter upon any property in which the
work has to be done, and to do therein all things necessary for the execution of
the work. (3)
No person shall obstruct or interfere with
the execution of any work undertaken under this section and no person shall
remove or tamper with any plant or machinery or any stowing or other materials
used in the execution of such work. (4)
Whoever contravenes the provisions of
sub-section (3) shall be punishable with imprisonment for a term which may
extend to six months, or with fine, or with both. (1)
The Central Government may, for the purpose
of maintenance of safety in coal mines [13][or
for development of coal mines] or for conservation of coal, exercise such
powers and take or cause to be taken all such measures as it may deem necessary
or proper or as may be prescribed. (2)
Without prejudice to the generality of the
foregoing power, the Central Government may, by order in writing addressed to
the owner, agent or manager of a coal mine, require him to take such measures
as it may think necessary for the purpose of maintenance of safety in coal
mines [14][or for development of coal
mines] or for conservation of coal, including? (a)
in any coal mine, stowing for safety; or (b)
without prejudice to any order under clause
(a), in the case of any coal mine producing coking coal or producing coal which
on beneficiation is likely to yield coking coal or producing coal suitable for
blending, stowing for conservation; or (c)
washing of coal with a view to beneficiating
and reducing the ash contents of coal and improving its coking qualities. (1)
With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint, there shall
be levied and collected. (a)
on all coal raised and despatched, and on all
coke manufactured and despatched, from the collieries in India, such duty of
excise not exceeding [15][four
rupees] per ton as may be fixed from time to time by the Central Government by
notification in the Official Gazette, and different rates of duty may be levied
on different grades or description of coal or coke: Provided that the Central
Government may, by general or special order, exempt any special grade or grades
or description of coal or coke from the levy of such duty of excise; (b)
on all coking coal raised and despatched form
the collieries in India, such additional duty of excise not exceeding five
rupees per ton in the case of coal of Selected Grade A or Selected Grade B, and
not exceeding two rupees per ton in the case of coal of Grade I, as may be
fixed from time to time by the Central Government by notification in the
Official Gazette. [16][Explanation.?Coal of Selected Grade A, Selected Grade B
and Grade I means coal graded as such by the Board in accordance with the
specifications laid down by the Central Government from time to time.] (2)
Where coking coal, in respect of which an
additional duty of excise has been levied and collected under clause (b) of
sub-section (1), is despatched to any person for use in India and. (a)
the use of coking coal is, in the opinion of
the Central Government, essential for carrying on any industrial or other
process in which such person is engaged; or (b)
the despatch of the coking coal is made under
the orders of the Board, although it was not specifically indented for by such
person; (c)
then, the Central Government shall cause to
be paid to that person a sum equivalent to the additional duty of excise so
collected on the coking coal received and used by that person. (3)
All notifications issued under this section
shall be laid, as soon as may be, before Parliament. During the period in which
any duty of excise is being levied under Section 8, the Central Government may,
by notification in the Official Gazette, impose on all coal (including soft and
hard coke) imported or brought into India from any place outside India, a duty
of customs (which shall be in addition to any duty of customs for the time
being leviable under any other law), at rates equivalent to the rates of duties
of excise levied under Section 8. The duties of excise levied
under Section 8 shall be collected by such agencies and in such manner as may
be prescribed. The Central Government may,
in each financial year, pay to the Board a sum not exceeding the aggregate of
the net proceeds (determined in such manner as may be presribed) of the duties
of excise collected, under Section 8, during the period commencing on the date
of commencement of this Act and ending on the 1st day of the preceding
financial year, less the aggregate of the amounts already paid to the Board,
under this section, during that period.] (1)
[18][The sum referred to in Section 11 and any other money
received by the Board shall be credited to, (a)
where it relates to safety in coal mines or
conservation of coal, a Fund to be called the Coal Mines Safety and
Conservation Fund, (b)
where it relates to the developing of coking
coal mines, a Fund to be called the Coal Development Fund. (1-A) The Safety Fund shall be applied by the Board, in
such manner and subject to such conditions as may be prescribed, to? (a)
meeting the expenses in connection with the
administration of the Board and the furtherance of the objects of this Act in
so far as such objects relate to safety in coal mines or conservation of coal; (b)
the grant of stowing materials and other
assistance for stowing operations to the owners, agents or managers of coal
mines; (c)
the execution of stowing and other operations
in furtherance of the objects of this Act in so far as such objects relate to
safety in coal mines or conservation of coal; (d)
the prosecution of research work connected
with safety in coal mines or conservation and utilisation of coal; (e)
meeting the cost of administering the Safety
Fund and the expenses in connection with Advisory Committees; (f)
the grant to State Governments, research
organisations, local authorities and owners, agents or managers of coal mines
of money in aid of any scheme approved by the Central Government in furtherance
of the objects of this Act in so far as such objects relate to safety in coal
mines or conservation of coal; (g)
any other expenditure which the Central
Government directs to be defrayed out of the Safety Fund. (1-B) The Development Fund shall be applied by the Board,
in such manner and subject to such conditions as may be prescribed, to? (a)
development of coal mines in a scientific
manner, (b)
meeting the cost of the administration of any
scheme for the development of coal mines.] (2)
The Board shall keep [19][separate
accounts in relation to the Development Fund and the Safety Fund], and such
accounts shall be examined and audited by the Comptroller and Auditor-General
of India at such times and in such manner as he deems fit and the report of the
Comptroller and Auditor-General of India shall be laid, as soon as may be, before
Parliament. (1)
The Chief Inspector or any Inspector may make
such examination and inquiries as he thinks fit in order to ascertain whether
the provisions of this Act or of any rules and orders made thereunder are being
complied with. (2)
The Chief Inspector or any Inspector may,
with such assistants, if any, as he thinks fit, enter, inspect and examine at
any time by day or night any coal mine in respect of which assistance is being
or has been given under this Act, in order to ascertain the amount of sand or
other materials used in stowing in the mine or to ensure that stowing or any
other operation towards which assistance may be granted under this Act, has
been, or is being, done effectively: Provided that the power
conferred by this sub-section shall not be exercised in such a manner as
unreasonably to impede or obstruct the working of the mine. (3)
Without prejudice to the provisions of
Section 19 of the Indian Mines Act, 1923 (4 of 1923)[20],
the Chief Inspector or any Inspector may, by order in writing addressed to the
owner, agent or manager of a coal mine, require him to take such protective
measures, including stowing, in the mine as the Chief Inspector or the
Inspector may think necessary, if in the opinion of the Chief Inspector or
Inspector. (a)
the extraction or reduction of pillars in any
part of the mine is likely to cause the crushing of pillars or the premature
collapse of any part of the workings or otherwise endanger human life or the
mine [21][or a railway], or (b)
adequate provision against the outbreak of
fire or flooding has not been made by providing for the sealing off and
isolation of any part of the mine or for restricting the area that might be
affected by fire or flooding, as the case may be. (4)
The powers conferred on the Inspector under
sub-sections (1), (2) and (3) may also be exercised by such officers of the
Board suitably qualified in this behalf as the Central Government may, by
notification in the Official Gazette,[22] specify
in this behalf. The provisions of
sub-sections (3) to (6) (both inclusive) of Section 19 of the Indian Mines Act,
1923 (4 of 1923)[23], shall apply to an order
made under sub-section (3) of Section 13 of this Act as they apply to an order
made under sub-section (2) of Section 19 of that Act, and all the provisions of
the Indian Mines Act, 1923 [24][except
sub-section (1) of Section 11 thereof], affecting committees appointed for the
purposes of that Act or relating to the disposal of references made to such
committees, shall apply, so far as may be, to a committee appointed to inquire
into a reference under this Act and to the disposal of such reference: Provided that the power
conferred by the proviso to sub-section (6) of the said Section 19 to suspend
the operation of a requisition under sub-section (1) of that section shall
include a power similarly to suspend the operation of an order made under
sub-section (3) of Section 13 of this Act. (1)
The Central Government may, by notification
in the Official Gazette, constitute one or more Advisory Committees consisting
of such number of persons and on such terms and conditions as may be
prescribed. (2)
It shall be the duty of the Advisory
Committees to advise the Central Government or the Board in regard to any
matter connected with the administration of the Act in respect of which their
advice is sought by the Central Government, as the case may be, by the Board. No suit, prosecution or
other legal proceedings shall lie against the Chairman or any other member of
the Board or any officer thereof or any other person in respect of anything
which is in good faith done or intended to be done in pursuance of this Act or
of any rules or orders made thereunder. (1)
The Central Government may, by notification
in the Official Gazette and subject to the condition of previous publication,
make rules[25] to carry out the
purposes of this Act. (2)
Without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely. (a)
the measures to be taken for the purpose of
maintenance of safety in coal mines or for the conservation of coal; [26][(aa) the measures to be taken for the development of
coal mines;] (b)
the levy, collection and payment of the
duties of excise and the imposition, collection and payment of the duty of
customs; (c)
the appointment and terms and conditions of
service of the Chairman and other members of the Board; (d)
the powers and functions of, and the conduct
of business by, the Board; (e)
the determination of the net proceeds of the
duties of excise for the purposes of Section 11; (f)
the manner in which, and the conditions
subject to which, sums at the credit of the [27][Development
Fund or the Safety Fund, as the case may be,] may be applied; (g)
the form in which the accounts of the [28][Development
Fund or the Safety Fund] shall be kept; (h)
the composition of any committee of inquiry
which may be appointed to inquire into a reference arising out of an order
passed under sub-section (3) of Section 13, the technical qualifications to be
possessed by persons nominated thereto, and the powers and duties of such
committee; (i)
the composition of Advisory Committees, their
functions, and the terms and conditions of service of members thereof; (j)
recruitment of officers and staff to be
appointed by the Board; (k)
any other matter which has to be, or may be,
prescribed. (3)
Any rule made under the provisions of this
Act may provide that the contravention thereof shall be punishable with
imprisonment for a term which may extend to three months, or with fine, or with
both. (4)
[29][Every rule made under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament while it is in session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and, if, before the expiry of the session in which it
is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.] This Act applies also to
coal mines belonging to the Government. [30][* * *] [1] Inserted by Act 52 of
1970, Section 2. [2] Substituted for ?and
Safety? by Act 52 of 1970, Section 3. [3] Inserted by Act 52 of
1970, Section 4. [4] See now the Mines
Act, 1952 (35 of 1952). [5] Substituted by Act 52
of 1970, Section 5. [6] Inserted by Act 24 of
1961, Section 2. [7] Inserted by Act 52 of
1970, Section 5. [8] See now the Mines
Act, 1952 (35 of 1952). [9] The Coal Board was
established vide Notification No. S.R.O. 39, dated 8-1-1952, Gazette of India,
Extraordinary, Part II, Section 3, p. 49. [10] Inserted by Act 52 of
1970, Section 6. [11] For such orders see
Gazette of India, 1955, Part II, Section 3, pp. 645 and 796. [12] Inserted by Act 52 of
1970, Section 6. [13] Inserted by Act 52 of
1970, Section 7. [14] Inserted by Act 52 of
1970, Section 7. [15] Substituted for ?one
rupee? by Act 24 of 1961, Section 3. [16] Substituted by Act 24
of 1961, Section 3. [17] Substituted by Act 52
of 1970, Section 8 (with retrospective effect). [18] Substituted for
sub-section (1) by Act 52 of 1970, Section 9. [19] Substituted for
?accounts of the Fund? by Act 52 of 1970, Section 9. [20] See now the Mines
Act, 1952 (35 of 1952). [21] Inserted by Act 24 of
1961, Section 4. [22] For such
authorisation, see Gazette of India, 1955, Part II, Section 3, pp. 893 and
2165. [23] See now the Mines
Act, 1952 (35 of 1952). [24] See now the Mines
Act, 1952 (35 of 1952). [25] For Coal Mines
(Conservation and Safety) Rules, 1954, see Gazette of India, Part II, Section
3, p. 2346. [26] Inserted by Act 52 of
1970, Section 10. [27] Substituted for ?Coal
Mines Safety and Conservation Fund? by Act 52 of 1970, Section 10. [28] Substituted for
?Fund? by Act 52 of 1970, Section 10. [29] Substituted by Act 24
of 1961, Section 5. [30] Repealed by the
Repealing and Amending Act, 1957 (36 of 1957), Section 2 and Schedule I. Prior
to repeal it read as: ?19.
Repeals and Savings.?(1) The Coal Mines Safety (Stowing) Act, 1939 (XIX of
1939) and the Coal Mines (Conservation and Safety Ordinance, 1952 (I of 1952)
are hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken (including any
rules, notifications or order made or issued) in the exercise of any power
conferred by or under the said Act or Ordinance shall be deemed to have done or
taken in the exercise of the powers conferred by or under this Act, as if this
Act were in force on the day on which thing was done or action was taken. (3)
As from the 8th day of January, 1952, all the moneys lying to the credit of the
Coal Mines Stowing Fund, under the Act hereby repealed shall be deemed to have
been transferred to, and to vest in the Board and to form part of the Coal
Mines Safety and Conservation Fund.?Coal Mines
(Conservation and Safety) Act, 1952