Parliament Parliament of India
Mines Bill would jail safety violators for five years, expand liability to foreign firms
This Bill amends the Mines Act, 1952 to update safety regulations, expand the definition of mine owners to include foreign companies and specific corporate officers, and significantly increase penalties for violations.
It aims to address new safety risks arising from technological changes, deeper mining operations, and foreign participation in the sector.
Who it concerns: Owners of mines (including Indian companies, foreign companies, firms, local authorities, and contractors), mine managers, directors, principal officers of foreign companies, and agents appointed for mine supervision.
What the bill does
- Expands the Act's applicability to include India's territorial waters, continental shelf, exclusive economic zone, and other maritime zones.
- Redefines 'owner' to include managing directors, whole-time directors, principal officers of foreign companies, partners, and contractors/sub-lessees, while maintaining liability for the ultimate owner.
- Mandates mine owners to appoint a sufficient number of officials and agents for supervision, with specific requirements for agents' qualifications and residency in India (at least 182 days per year).
- Significantly increases fines and imprisonment terms for various offenses (e.g., fines increased from hundreds to lakhs of rupees; imprisonment terms increased from months to years).
- Introduces a provision for additional daily fines for continuing contraventions and extends imprisonment to seven years if a contravention continues beyond one year after conviction.
- Shifts the burden of proof to the accused in certain cases to demonstrate that it was not reasonably practicable to comply with safety requirements.
- Clarifies that liability continues for any person with ultimate control over the mine's affairs, regardless of other provisions.
Also in the document
- The Bill explicitly includes foreign companies and their principal officers in the definition of 'owner' and liability provisions.
- It introduces a new section (74A) placing the burden of proof on the person alleged to have failed to comply with safety duties.
- It increases the maximum imprisonment for certain serious offenses from two years to five years and fines from thousands to lakhs of rupees.
Where this bill is now: Introduced
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. X · 23 Mar 2011
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