nathrao
3103

Dear Shri Korgaonkar,
There is no point in correcting each other.
The point is mutual learning from each other.
I refer this link where laws affecting cement industry and challenges are discussed.
Kindly refer link for reading purposes.
Environmental Regulations in the Indian Cement Industry
"Cement and Mining projects fall under Schedule of EIA Notification 2006 of MoEF and are classified into category A and B. For category ‘A’ industry, EIA is mandatory and environmental clearance has to be obtained from MoEF and for category ‘B’ industry, environmental clearance has to be obtained from state pollution control boards."
Where ever limestone mines are acquired by cement factories mining act qill be applicable.

From India, Pune
Hope that Mr.Rao's latest response is self -explanatory on the point. The original question was about the labor laws applicable to cement industry as a whole. When an industry runs composite activities in an integrated manner, the doctrine of severability necessitates the application of specific laws applicable to each separable activity. When a cement manufacturer has any mines either on ownership basis or on lease basis, The Mines Act becomes applicable to the workmen exclusively engaged in the mining activity. In my experience as a Conciliation Officer under the I.D Act,1947 I found that disputes relating to cement factories handled by State Govt. Machinery and to mines by Central Govt. Machinery.
From India, Salem
Dear Mr.Umakanthan & Mr. Nathrao,
My submission on the above subject is as under :
1. The Mines Act,1952 is applicable to mining activities only (Please refer the Sec 2(j) )of the said Act which is very clear. No ambiguity on the applicability of the same.
2. The Factories Act,1948 is not applicable to Mining operation ( Please refer the Sec 2 (m) of the said Act ,the exclusion portion .
Therefore ,the Mines Act & The Factories Act will not apply together or simultaneously to any establishments/premises.
What Mr. Korgaonkar has said above , I strongly concur there is full proof substance to his say .
I strongly advocate the correcting each other by Mr. Korgaonkar .

From India, Pune
nathrao
3103

While not stretching this argument/discussion any further,ACC has limestone mines in Chaibasa,Jharkand.
ACC Resumes Limestone Mining Operations at Bargarh - NDTVProfit.com.
Will Factories act apply at Chaibasa or Mines Act apply?

From India, Pune
Dear Mr.Sharma,

Thank you for your interlocutary note and I appreciate your cross-reference in this regard. Both the enactments have the common objective of amending and consolidating the conditions of labour employed therein respectively and ensuring their safety. As such overlapping application of both the Acts to the same establishment is quite unthinkable and impractical as well thereby justifying your remarks. Probably, the idea of the term 'industry' in the mind of the questioner should have been a cement manufacturing industry. Most of the cement manufacturers have their mines adjecent to their manufacturing plants.So, it is a holistic question about the various labor laws applicable to the particular cement industry as a whole. However since my initial reply appeared to be suggestive of the invariable application of the Mines Act,1952 to all cement manufacturing units, I had to explain it further briefly. Mr.Nathrao's comments about classification of the cement manufacturing industries based on Environmental Impact Assesment parameters indicate the application of the Mines Act to cement industries in actual practice. Hence the rejoinder in my last post which I feel needs a re-reading. Another practical example is the Plantation industry coming under the purview of the Plantations Labor Act,1951.In respect of the factories situated within the area of the plantation, only the Factories Act is exclusively applicable as the definition of " plantation" u/s 2(f) excludes a factory situated though situated therewithin. In the same stretch, I would like to invite your attention to Sec.86 of the Mines Act,1952 which facilitates the application of the Factories Act,1948 to all mines and the precincts thereof by means of suitable notification.

From India, Salem

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