Mine's act 1952 section 3 Act not apply in certain cases

3. (1) Act not apply in certain cases – The provisions of this Act, except those contained

in

sections 7,8,9, 40,45 and 46 shall not apply to –

(b) any mine or part thereof in which excavation is being made for prospecting purposes

only and not for the purpose of obtaining minerals for use or sale :

Provided that –

(i)not more than twenty persons are employed on any one day in connection with

any such excavation.

(ii)the depth of the excavation measured from its highest to its lowest point

nowhere exceeds six, metres or, in the case of an excavation for coal fifteen

metres: and

(iii) no part of such excavation extends below superjacent ground; or

(b) any mine engaged in the extraction of kankar, murrum laterite, boulder,

gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other

mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay),

building stone, slate, road metal, earthy fullers earth, marl chalk and lime stone.

Provided that –

(i) the working do not extend below superjacent ground: or

(ii)where it is an open cast working –

(a)the depth of the excavation measured from its highest to its lowest

point nowhere exceeds six metres;

(b)the number of persons employed on any one day does not exceed

fifty; and

(c)explosives are not used in connection with the excavation.

(2) Notwithstanding anything contained in sub-section (1) the Central Government may, if

it is satisfied that, having regard to the circumstances obtaining in relation to mine or part #mineminer #minesact1952

thereof or ground or class of mines, it is necessary or desirable so to do by notification in

the official Gazette, declare that any of the provisions of this Act, not set out in sub-

section (10, shall apply to any such mine or part thereof or group of class of mines or any

class of persons employed therein.

(3) Without prejudice to the provisions contained in sub-section (2), if at any time any of

the conditions specified in the provision to clause (a) or clause (b) of sub-section (1) is

not fulfilled in relation to any mine referred to in that sub-section the provisions of this Act

not get out in sub-section (1), shall become immediately applicable, and it shall be the

duty of the owner, agent or manager of the mine to inform the prescribed authority in the

prescribed manner and within the prescribed time about the non-fulfilment.