Confused About Labour License for Mines? Which Department Handles It Under the Mines Act, 1952?

Hi friends!

I am working with a new stone mining company in Patna. Currently, I am facing an issue related to the Labour License. The Labour Department has already stated that the labor license for mines does not fall under their jurisdiction. Therefore, could you please confirm to me which department is responsible for issuing the labor license under the Mines Act, 1952?

Where is this mine/quarry located, and in which district? There is a Central Labour Commissioner's office located in your area of the mines. You should also approach the jurisdictional Director (General) of Mines Safety, who should inspect and grant the license 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 the whole of India.

(3) It shall come into force on such 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 the knowledge of the manager, whether for wages or not.

(i) In any mining operation (including the concomitant operations of handling and transport of minerals up to the point of dispatch 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

Labour License Requirements Under CL (R&A) Act

Please note that a Labour License is required under the CL (R&A) Act. If you are a contractor and the premises, establishment, or mines fall under the purview of the state government, you must obtain the labour license from the Labour Office of the state government. A Labour License is necessary 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 this category, the Labour Department should not refuse to issue the Labour License. However, if you are referring to a license required under the Mines Act, there may be another department involved because the laws and regulations under the Mines Act of 1952 are enacted and enforced by the Central Government.

Steps to Ensure Compliance

To ensure you are in a safe and compliant position, you can write a letter and obtain their acknowledgment or comment stating "labour license of mines not under their department." If in the future any inspector asks you for the license, you can present this comment.

If they refuse to accept or comment on it, you can send the letter through registered post. However, be careful when dealing with government departments.

Senior members can provide more insights on the matter.

This should go to Central Labour Commissioner or Inspector and Mining Department because the subject matter pertains to the Central government. The respective state government Mines Department may have the controlling authority.

V. Murali

Dear all,

Though the 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 central and state governments. There are specific regulations applicable to coal mines and rare minerals like uranium, thorium, and other such minerals and metals. Similarly, there are occupational disease-related regulations, especially for deep mining of gold, coal, copper, uranium, etc., and shallow mining of silicon, asbestos, etc. The health of persons engaged in these occupations and compensation for those who sustain occupational diseases and other issues are governed by other acts such as the Workmen's Compensation (Silicosis) Act, Act No. 13, 1920. In some states/districts, governments have banned mining of certain minerals known to severely affect the persons engaged in them.

Generally, in India, minerals and metals (ore and products) are classified into two groups, namely (i) Major minerals and (ii) Minor minerals. Among these two groups, minor minerals have been defined under section 3(e) of the 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 the Union List – I and Entry 23 of the State List – II of the Seventh Schedule of the Constitution of India empowers the Union and State Governments respectively for the management of minerals. The grant of mineral concessions for major minerals is governed by the rules and regulations formulated by the Central Government and is therefore the same throughout the country. Rules for the grant of licenses, both for exploration and exploitation/concessions of minor minerals, are framed by the State Government as per powers delegated under section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Apart from the Mines Act, the following regulations and rules are 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 the 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 these regulations.

Mr. Mukesh, once again you are missing the basic question. Where is this mine located - which district? Sand extraction normally does not fall under the Mines Act. This, I hope, should be a state subject. If you are extracting stones, then it is also a state matter.