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Union of India - Section

Section 2 in The Payment Of Wages (Mines) Rules, 1956

2. Definitions

.- In these rules, unless the context otherwise requires-(a)"Act" means the Payment of Wages Act, 1936 (4 of 1936);(aa)[ "agent" means an agent as defined in clause (c) of section 2 of the Mines Act, 1952 (35 of 1952);] [ Inserted by S.O. 794, dated 24.2.1964.](b)"authority" means an authority appointed under sub-section (1) of section 15;(c)"contractor" means a person engaged under a contract by the owner of the mine for work on the mine and includes a sub--contractor;(d)"Court" means the Court mentioned in sub-section (1) of section 17;(e)"deduction for breach of contract" means a deduction made in accordance with the provisions of the proviso to sub-section (2) of section 9;(f)"deduction for damage or loss" means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of section 7;(ff)[ "Deputy Chief Labour Commissioner (Central)" means an officer appointed as such by the Central Government;] [ Inserted by G.S.R. 99(E), dated 23.2.1963.](g)[ "employer" means the owner of the mine and includes a contractor, an agent or manager or any other person responsible under section 3 of the Act for payment of wages and includes in the case of a deceased employer, his legal representative;] [ Substituted by S.O. 3844, dated 18.11.1970.](h)"Form" means a Form appended to these rules;(i)"Inspector" means an Inspector referred to in section 14;(ii)[ "manager" means the person appointed under section 17 of the Mines Act, 1952 (35 of 1952) to discharge the functions of a manager;] [ Inserted by S.O. 1795, dated 30.5.1962.](j)"mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952);(jj)[ "oil field" means an oil field as defined in clause (c) of section 3 of the Oil Fields (Regulation and Development) Act, 1948 (53 of 1948); [Inserted by S.O. 1795, dated 30.5.1962. ](jjj)"owner" means the owner as defined in clause (1) of section 2 of the Mines Act, 1952 (35 of 1952);](k)[ "person employed" or "employed person" means a person employed in a mine or an oil field to whom the Act applies and includes, in the case of a deceased employed person, his legal representative;] [ Substituted by S.O. 3844, dated 18.11.1970.](kk)[ "Regional Labour Commissioner ] [Inserted by S.O. 1650, dated 24.6.1960. ][(Central)] [ Inserted by G.S.R. 99(E), dated 23.2.1983.][" means an officer appointed as such by the Central Government;] [Inserted by S.O. 1650, dated 24.6.1960. ](l)"section" means a section of the Act; and(m)words and expressions used in these rules and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.[2-A. Notice of opening, abandonment, discontinuance, reopening and change in the ownership and addresses, etc [Inserted by S.O. 1795, dated 30.5.1962.].- (1) When a mine has been opened, the owner, agent or manager shall forthwith communicate the actual date of opening to the Regional Labour Commissioner ][(Central)] [Inserted by G.S.R. 99(E), dated 23.2.1983.][in Form A.
(2)When it is intended to abandon a mine or seam or to discontinue working thereof for a period exceeding 60 days, the owner, agent or manager shall not, less than 40 days before such abandonment or discontinuance, give to the Regional Labour Commissioner ] [Inserted by S.O. 1795, dated 30.5.1962.] [(Central)] [Inserted by G.S.R. 99(E), dated 23.2.1983.][a notice stating the reasons for the proposed abandonment or discontinuance and the number of persons likely to be affected thereby:Provided that when on account of unforeseen circumstances a mine is abandoned or discontinued before the said notice has been given or when without previous intimation the discontinuance extends beyond a period of 60 days, the notice shall be given forthwith.
(3)When a mine or seam has been abandoned or the working thereof has been discontinued over a period exceeding 60 days, the owner, agent or manager shall within seven days of the abandonment or the expiry of the said period, give to the Regional Labour Commissioner ] [Inserted by S.O. 1795, dated 30.5.1962.][(Central)] [Inserted by G.S.R. 99(E), dated 23.2.1983.][, notice in Form A.
(4)When it is intended to re-open a mine or seam after abandonment or after discontinuance for a period exceeding 60 days, the owner, agent or manager shall not less than 30 days before resumption of mining operations, give to the Regional Labour Commissioner ] [Inserted by S.O. 1795, dated 30.5.1962.][(Central)] [Inserted by G.S.R. 99(E), dated 23.2.1983.][, notice in Form A.
(5)When a mine has been re-opened, the owner, agent or manager of the mine shall forthwith communicate the actual date of re-opening to the Regional Labour Commissioner ] [Inserted by S.O. 1795, dated 30.5.1962.][(Central)] [Inserted by G.S.R. 99(E), dated 23.2.1983.].
(6)When a change occurs in the name or ownership of a mine or in the address of the owner, the owner, agent or manager shall, within seven days from the date of change, give to the Regional Labour Commissioner [(Central)] [ Inserted by G.S.R. 99(E), dated 23.2.1983.], a notice in Form A:Provided that where the owner of a mine is a firm or other association of individuals, a change-
(i)of any partner in the case of a firm;
(ii)of any member in the case of an association;
(iii)of any director in the case of a public company; or
(iv)of any shareholder, in the case of a private company;
shall be also intimated to the Regional Labour Commissioner [(Central)] [ Inserted by G.S.R. 99(E), dated 23.2.1983.], within seven days from the date of the change.