Pan Singh Dangwal
Joint Manager
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Vmhr@rediffmail.com
Sr. Manager (p&a)
Mukeshkhudia
Officer Hr

Hi, Friends!
I am working with new stone mine company in Patna. Now I am facing a problem related to Labour License. The Labour department already refuse that labour license of mines not under their department. So, please confirm to me that which department will issue labour license under Mines Act, 1952.
28th March 2017 From India, Gurgaon
Where this mines/quarry located, in which district. There is Central Labour Commissioner's office located in your area of the mines. You also should approach the jurisdictional Director (General) of Mines Safety who also should inspect and grant the licence under the Mines Act. What is more important is the location of the particular mines and not your office (Patna).

THE MINES ACT, 1952

(Act No. 35 of 1952 )

xxxx

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement –

(1)This Act may be called the Mines Act, 1952.

(2)It extends to whole of India

(3)It shall come into force on sub date or dates as the Central Government may, by

notification in the official Gazette, appoint, and different dates may be appointed for

different provisions of this Act and for different states but not later than 31st December,

1953.

2. Definitions : - (1) In this Act, unless the context otherwise requires :

(a) omitted

(c) “agent”, when used in relation to a mine, means every person, whether appointed as

such or not, who, acting or purporting to act on behalf of the owner, takes part in the

management, control, supervision or direction of the mine or of any part thereof:

(d) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act;

(g) “district magistrate” means, in a presidency-town, the person appointed by the Central

Government to perform the duties of a district magistrate under this Act in that town;

(h) a person is said to be “employed” in a mine who works as the manager or who works

under appointment by the owner, agent or manager of the mine or with knowledge of the

manager, whether for wages or not.

(i) in any mining operation (including the concomitant operations of handing and transport

of minerals up to the point of despatch and of gathering sand and transport thereof to the

mine)

(ii) in operations or services relating to the development of the mine including

construction of plant therein but excluding construction of buildings, roads, wells and any

building work not directly connected with any existing or future mining operations:

(iii) in operating, servicing, maintaining or repairing any part or any machinery used in or

about the mine;

(vii) in any kind of work whatsoever which is preparatory or incidental to, or connected

with mining operations;

(i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a

district magistrate when exercising any power or performing any duty of an Inspector

which is empowered by this Act to exercise or perform;

(i) “mine” means any excavation where any operation for the purpose of searching for xxxxxxxx
28th March 2017 From India, Bangalore
Dear Mr Mukesh,

Pls be noted the Labour Licence is requried under the CL (R&A) Act. If you are a contractor and the premises / establishment / mines comes under the preview of the state govt than you have to obtain the labour licence from the Labour Office of the state govt. Labour Licence is required where “20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour”.

If you fall under the category the Labour Dept. should not refuse to issue the Labour Licence. However, if you are talking about license required under the Mines Act, is such case there may be some other dept. Bcoz laws and regulation under the Mines Act 1952 are being enacted and enforced by the Central Govt.

However, to keep you in safe and complaint position, you can write a letter and take their acknowledgement/comment on it “labour license of mines not under their department”. If in future any Inspector ask you for the license you can produce the comment.

If they refused to accept or comment on it, you can send the letter thru registered post. But be careful while doing such dealing with govt. depts.

Senior member can put more light on the matter.
29th March 2017 From India, Delhi
This should go to Central Labour commer or inspector and mining deptt because subject matter is Central govt. The respective state government mines deptt may have controlling authority. V.Murali
31st March 2017 From India, Madipakkam
It appears to me this is going to be quarry, meant to extract either jelly using crushers or stone slabs or even granite. The queriest has not indicated that it is not going to be mining of metals and minerals. In any case mining or quarrying licensing involves both central and state govts. Whether it's in free hold land or from state govt. allotted land/leased possession. Whether DGMS and IBM should be involved in this case will depend on what mining is going to be. State govt's involvement & approval cannot be ruled out as certain amount of Royalty is payable to state govt. and monthly returns has to be filed. Mr.Mukesh is yet to respond with further details. Once details are given I may suggest.
31st March 2017 From India, Bangalore
Mr. kumar.s Mining rules are common irrespective of the materials. Of course, treasuries payments and returns are essentials. v.murali
1st April 2017 From India, Madipakkam
Dear all,

Though extraction of materials, minerals, metals, quarrying etc is generally governed by the Mines Act, there are also other provisions, rules and regulations enacted by both and state govts. There are also a few other regulations which are specifically applicable to coal mines, rare minerals like Uranium, thorium and other such minerals & metals. Similarly there are occupation disease related regulation especially deep mining of gold, coal, copper, uranium etc. shallow mining of silicon, asbestos etc. The health of persons engaged in these occupations and compensation to them who sustain occupational diseases and other issues are governed by other acts such as Workmen's Compensation (Silicosis) Act. Act No. 13, 1920. In some states/districts govts have banned mining of certain minerals which are known to be severely affecting the persons engaged thereon.

Generally in India Minerals & metails (ore & products) are classified into two groups, namely (i) Major minerals and (ii) Minor minerals. Amongst these two groups minor minerals have been defined under section 3 (e) of Mines and Minerals (Regulation and development) Act, 1957. They include building stones, gravel, ordinary clay, ordinary sand, limestone used for lime burning, boulders, kankar, murum, brick earth, bentonite, road metal, slate, marble, stones used for making household utensils etc. Therefore, all other minerals not defined as minor minerals in the said Act are treated as major minerals. They include coal, manganese ore, iron ore, bauxite, limestone, kyanite, sillimanite, barites, chromite, silica sand, fluorite, quartz, sand used for stowing purposes in coal, copper, uranium etc mines and many other minerals used for industrial purposes. Entry 54 of union list – I & Entry 23 of state list – II of seventh schedule of the constitution of India empowers the Union & State Governments respectively for management of minerals. Grant of mineral concession for major minerals are governed by the Rules and Regulations formulated by Central Government and are therefore same throughout the country. Rules for grant of licences, both for exploration & exploitation/concessions of minor minerals are framed by the State Government as per powers delegated under section 15 of Mines and Minerals (Regulation and Development ) Act, 1957. Apart from the Mines Act there are the following regulations & rules involved in mining/quarrying:

(i) Mines and Mineral (Development and Regulation) Act, 1957. (MMDR – Act 1957)

(ii) Mineral Concession Rules 1960. (MCR – 1960)

(iii) Mineral Conservation and Development Rules – 1988 (MCDR – 1988)

(iv) The Marble Development and Conservation Rules, 2002.( "marble" means crystalline metamorphosed calcareous or dolomitic rocks and serpentine rock types which are - (i) amenable to be recovered as dimensional stone; and (ii) capable of taking polish)

"quarry" means an opencast working as defined in Mines Act, 1952 (35 of 1952).

(v) Workmen's Compensation (Silicosis) Act. Act No. 13, 1920.

Therefore persons involved in mining both open cast and shallow/deep mining should be aware of what is what.
3rd April 2017 From India, Bangalore
R/ Sir, Basically our work is sand & stone mines which approved by the State govt. of Bihar.
3rd April 2017 From India, Gurgaon
Mr.Mukesh, again you are missing the basic question. Where, (name of the place) is this mine located, which district. Sand extraction, normally does not come under Mines act. This I hope should be a state subject. If you are extracting stones then also it's state matter.
4th April 2017 From India, Bangalore
Dear Sir, our mine is located in Bodh Gaya, Bihar and we have sand and stones extracting work. All tender (for five Year) related to this work approved by the Chief Inspector of Mines.
5th April 2017 From India, Gurgaon
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