Section Text
a) [a] Substituted for the former section 3, by the Mines (Amendment) Act, 1959 (62 of 1959) S 3 (w e.f. 16-1-1960). [(1) The provisions of this Act, except those contained in sections [ (section 7) , (section 8) , (section 9) , (section 40) , (section 45) and (section 46) ] shall not apply to--
(a) 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 such excavation; 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 meters; and (iii) no part of such excavation extends below superjacent grounds; 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, 3 (c) [c] Inserted, Mines Amendment) Act (42 of 1983)S. 3 . [slate,] road metal, earth, fuller's earth 3 (c) [c] Inserted, Mines Amendment) Act (42 of 1983)S. 3 . [, marl, chalk] and lime stone :
Provided that-
(i) the workings 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 meters;
(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 a mine or part thereof or group 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 (1), shall apply to any such mine or part thereof or group or 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 proviso 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 set out in sub-section (1), shall become immediately applicable, and it shall be the uty 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.]