03 PILLARS OF THE STATE – PROCESS OF LAW MAKING AND ENFORCEMENT ELECTED MEMBERS IN THE NATIONAL ASSEMBLY PRESIDENT EXECUTIVE LAW GENERAL PUBLIC SENATE ELECTED MEMBERS BY PROVINCIAL ASSEMBLIES JUDICIARY
INTRODUCTION Provincial Inspectorates of Mines are the attached Departments of Mines & Minerals Department. They have multi dimension charter of duties to perform. The principle function is the enforcement of laws applicable over mine. The perspective has therefore focused on various facets of the activities of Inspectorate.
LAW Law is a set of rules of society which lay down standards of human conduct. It defines rights and duties of the members of society. It emphasizes about certain acts to be performed and forbids others. CONSTITUTION The supreme law of the country is called the constitution. The affairs of Pakistan are run under the constitution of Pakistan 1973 (duly amended and up-dated).
Mines Act 1923 Mines Act, 1923 is a Federal Legislative frame-work empowering the Provincial Governments to make Rules and Regulations for their respective Provinces for different categories of mines. The Act ibid. emanates from the constitution which provides for “Regulation of Labour and Safety in Mines. Therefore, its hierarchy and implications at various levels need to be understood by each.
Mines Act is a law relating to Safety of Mines and Safety Health and Welfare of Mine Workers. The history of regulation of labour in Mines is chequred. This subject remained on the federal list till 1962. • Currently subject of safety in Mines is on the concurrent list of the constitution i.e. laws for Radio Active Minerals, Oil and Gas Field are the responsibilities of federal government while all other minerals are the domain of provincial governments.
Objectives • Regulation of working of mines; • Safe working environments in mines; • Identification of mines hazards and their control; Definition • “Agent” means: A Person: • Who is representative of the owner; • Who is superior to Manager. • “Mine” means: Any excavation conducted for: • Search for minerals or obtaining for minerals; • Whether such operation has been conducted • or is being conducted.
“Act” is the text which defines the roles of various persons/agencies and their powers-limitation. Act is applicable for all types of mines within the federating units of Pakistan. Consolidated Mine Rules 1952 These are set of laws sub-ordinate to Act concerning the condition of employment; health, sanitary and welfare aspects of personnel employed at mines. They are, therefore, common to all types of mines.
Regulations 1926 They are laws subordinate to Mines Act framed by respective province governing the working condition of particulars mineral or group of minerals. Currently they are classified into two groups i.e. Coal Mine Regulations 1926 (CMR) and Metalliferous Mines Regulations, 1926 (MMR). Application for Laws in Mines and Quarries Coal/Metalliferous Regulations are applicable on all types of mines and quarries other than Radio Active; Oil and Gas Fields.
Duties of Mine Owners, Agents and Managers • To conduct all mining operations in accordance with provisions of Law; • To protect the rights of workers regarding safety health and welfare. • Before the start of any mining operation (Mine being in conceptual stage) 14 days advance notice is to be sent to Chief Inspector of Mines (CIM) and other agencies.
Unless otherwise objected by the CIM; working of Mines can start but under the control of technically qualified persons (Manager). • Competence of Mine Manager is adjudged by the CIM who can permit or authorize the Manager for period upto 12 months. • Mine Manager while taking over charge has to make sure that:- • All subordinate staff necessary to ensure safe operations is appointed.
Duties of each subordinate staff is defined, the extract of which is given to each appointee; • Mining operations are conducted in accordance with approved plan; • No person is allowed to work in or around the mines unless the work place has been examined and declared safe by the manager or any other authorized person; • All registers, reports and returns including mine plans are prepared and maintained. • In the case of mine accident reports are sent to the Inspector of Mines of the area as well as to CIM.
SUPER INSPECTION • Chief Inspector of Mines (CIM) or Inspector of Mines (IM) periodically inspect the mines in respect of:- • All work places; • Abandoned places; • Condition of security of strata on the roof and side; • Adequacy of Mine Ventilation; • Pollution level of gases and dust; • Effect of Temperature and Humidity; • Mining Method applied, size of opening; pillar etc;
Safe handling; storage and use of explosives. • Availability of adequate safety equipment and other materials and to ensure safe working; • Availability of adequate number of trained persons in all desired disciplines. • To safe guard possible threat to mine operations by extraneous activities; • Enforcement of law in letter and spirit, prosecuting defaulting mine owners in the Court of Law.
Law of Necessity When the express provision of law is not sufficient to protect safety in mines; the Inspectors or Chief Inspector can make their own law and require the mine management to adopt immediate remedial measures. Hierarchy of Responsibility • Each worker is responsible to Supervisors/Mine Sirdar/Shot Firer. • Each supervisor is responsible to Assistant/Under Manager; Engineer or Mine Manager. • Mine Manager/Agent or Owner under the Law is responsible to Inspector of Mines as well as Chief Inspector of Mines. • Each Inspector of Mines is answerable to Chief Inspector of Mines. • Chief Inspector of Mines is administratively responsible to Government and technically to Mining Board.
Appellant Authorities • Appeals are preferred to:- • Chief Inspector of Mines against the orders of Inspectors; • Government against the orders of Chief Inspector of Mines.Government in turn refers to:- • A committee, if the point in issue relates to a mine; • A Mining Board if the point in issue relates to more than one mine or relates to law making or amendment in the law.
Penalties Punishment are defined for various offenses committed by Mine Owners; Agent or any other person under their control which may extend from Rs.200/- to rigorous imprisonment. Importance of ‘S’ in Safety (elimination of dangers)
Storage, Handling and Use of Explosives No owner, agent and manager shall:- • store any explosive within the premises of Mine; • store in the working of the Mine • take into or keep in a dwelling house. The Manager shall appoint a competent person:- • To be incharge of a magazine. • The explosives shall be issued only to competent person appointed by Manager. • No liquid oxygen explosive shall be used underground.
The gunpowder shall be used in the form of cartridges. • The explosive unused and left over shall be returned to magazine. The person incharge of magazine shall keep:- • A correct record of all types of explosives and detonators used. • No explosive shall be taken in a mine except in a securely locked cases/canister containing not more than five pound each unless otherwise higher quantity is allowed by Chief Inspector. • No shot shall be stemmed or fired except under the supervision of competent Shot Firer; Sirdar or Supervisor.
In any mine where more than 50 persons are employed:- • No person shall be appointed to perform the duties of a Shot Firer who is also responsible for making inspection under Coal Mine Regulation-70 (Mine Sirdar). • All persons shall take proper shelter when the shots are being fired. No blasting shall be done when the:- • two working places have approached within 10 ft. of one another unless the workers have been withdrawn.
For charging or stemming: • No person shall use any Iron Pricker, Scraper, Tamping Rod or Stammer. • When a hole has been charged, the explosive shall not be unarmed. • Detonators and explosive shall be kept in separate boxes. • No shot shall be stemmed or fired in a Coal and Gassy Mine by any person: • Unless he holds Sirdar Certificate endorsed for gas testing; • Permitted explosive shall be fired only by means of shot firing apparatus. • When a charge has mis-fired.
No hole shall be bored at a distance of 12 inches from any other hole. • No hole shall be fired underground unless the place is naturally wet within a distance of 60 ft. • Where permitted explosive are required to be used and: • where more than one shots are charged for firing; • The shots shall be fired simultaneously.
No shot shall be fired in coal in any gallery unless:- • The coal has been undercut, over cut or side cut and • The length of the shot hole is at least 6 inches less than the length of cut. When a shot has mis-fired charge of explosive has been blasted out:- • A careful search for cartridge and detonators shall be made among the debris.
Law is like a burning candle. If you handle it from the non-burning end only then it will enlighten other wise it will burn you.