JUSTIFICATIONS ON THE PROBLEM OF VICTIMISATION OF MINING

ENGINEERS IN INDIA BY BOARD OF MINING EXAMINATIONS,

DIRECTOR GENERAL OF MINES SAFETY, DHANBAD.
THE METALLIFEROUS MINES REGULATIONS, 1961
G.S.R. 337, dated the 18th October, 1960 In exercise of the powers conferred
by section 57 of the Mines, Act, 1952 (35 of 1952), the Central Government
hereby makes the following Regulations, the same having be en previously
published as required by sub -section (1) of section 59 of the said Act.
WHAT CHAPTER III OF MMR, 1961 DEALS WITH?
CHAPTER III Examinations and Certificates of competency and of Fitness
The Chapter III, of MMR 1961, deals with the provisions from Sec. 11 to Sec.
31A, as below:
Sec. 11 - Board of Mining Examinations,
Sec. 12 - Certificates granted by the board,
Sec. 13 - Examinations and Examiners,
Sec. 14 Submission of applications,
Sec. 15 Aged and general qualifications, etc., of candidates,
Sec. 16 Practical experience of candidates for Managers examination,
Sec. 17 Practical experience of candidates for Surveyors examination,
Sec. 18 Practical experience of candidates for Mates and Blasters
examinations,
Sec. 19 Approval of experience in Coal Mines,
Sec. 20 Practical Experience of candidates for Engine Drivers Certificates,
Sec. 21 Fees for grant of Certificate,
Sec. 22 Exchange Certificate,
Sec. 23 Service Certificate,
Sec.24 Service Certificate for Surveyors,
Sec. 25 Validity of old Certificate,
Sec. 26 Duplicate Certificate,
Sec. 27 certificate to be delivered to the Manager,
Sec. 28 DELETED / OMITTED,
Sec. 29 Suspension or cancellation of Managers, Surveyors, Foremans,
Mates, Engine Drivers, Blasters and Gas Testing Certificate,
Sec. 30 Validity of Foremans, Mates, Engine Drivers, Blasters and Gas
Testing Certificate,
Sec. 31 Retirement Age for managers and officials, etc.
Sec. 31A. Right of the workers representative to inspect the register
maintained under the Mines Rules, 1955.
Here, as per the latest Copy of the Chapter III of MMR, 1961 received from
DGMS, Dhanbad through RTI ACT, 2005 dated 05/08/2015, clearly implies that
except Sec.28, all other Sections from 11 to 31A are being under existence.
Hence, Section 23 of Chapter III of MMR, 1961 is valid till this day (24/08/2015).

Whereas, further the First Appellate Authority has stated that Examinations are
being conducted for First Class / Second Class Managers Certificate as per the
Circulars Exam 3/1975 and Exam 1/1977 which clearly implies the Amendments
in the Scheme of mine managers statutory examination and grant of certificates
for Mining Degree holders (i.e., for fresher) and but not on Section 23 of Chapter
III of MMR, 1961 which is kept undeleted / not-omitted in records till this day, as
per the latest copy of MMR, 1961 supplied by DGMS, Dhanbad vide letter
No.RTI/Appeal/09/2015-16/318 dated 05/08/2015. Hence, the provisions under
Section 23 of Chapter III of MMR, 1961 sustains.

WHAT SECTION 23 OF CHAPTER 03 OF MMR, 1961 WHICH IS NOT

IMPLEMENTED BY DGMS, DHANBAD TILL THIS DAY, SAYS?
23. Service Certificate (1) The Board may grant, until such 5date as may be
notified by the Central Government for the purpose in the Official Gazette without
written examination;
(a) a Managers Certificate to any person
1(i) who has attained the age of 35 years and who satisfied the Board that he has
worked, for a period of not less than eight years in the case of an applicant for
First Class Mangers Certificate and six years in the case of an applicant for the
Second Class Managers as an Assistant Manager, underground manager, or
manager or in any capacity accepted by the Board as equivalent or superior
thereto in the planning, control and direction of mining operations of metalliferous
mines of a type approved by the Board if he passes a viva voce examination in
such subjects as the Board may specify ; or]
2[(I-A) who has attained the age of thirty years and has received a diploma or
certificate in mining or mining engineering or an Honours or a Masters Degree in
Geology or other equivalent qualification, approved in the behalf by the Central
Government, if he satisfied the Board that he has had such practical experience
as complies with the provisions of sub-regulation (2) of regulation 16 for a period
of not less than eight years, in the case of a First Class Managers Certificate and
six years, in the case of Second Class Managers Certificate and if he passes a
viva voce examination in such subject as the Board may stipulate :
Provided that practical experience for period of not less than three of the eight
years in the case of a First Class Managers Certificate and for a period of not
less than two of the six years in the case of Second Class Managers Certificate
shall be in the capacity of an assistant manager or under manager or manager or
in a capacity accepted by the Boards are equivalent or superior thereto in the
control and direction of mining operation in mines of a size approved by the
Board];
(iii) who has attained the age of 25 years and has received 3[a diploma,
certificate or degree in mining engineering, applied geology, civil, mechanical, or
electrical engineering or other equivalent qualification] 4approved in this behalf
by the Central Government, if he satisfied the Board that he has had practical
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experience of the nature approved by the Board for periods of not less than five
years for a First Class Managers Certificate and three years for a Second Class
Managers Certificate and if he passes a viva voce examination in such subjects
as the Board may stipulate :
Provided that not less than two years and one year respectively, of the said
practical experience shall have been obtained in metalliferous mines in India;
For the purpose aforesaid only such experience shall be approved, as complies
with the provisions of regulation 16(2), or is experience in the capacity of a
manager or in a superior capacity in the control and direction of mining
operations;
5[(b) a Foremans, Mates or Blasters Certificate to any person
(i) who has attained the age of 25 years and who satisfies the Board that he has
worked in the capacity of mine foreman, a mining mate or a blaster, as the case
may be, in a metalliferious mine in India for a period of not less than three years
in the case of a certificate restricted to miens having open-cast workings only and
not less than four years in case of a certificate not so restricted and has passed
such viva voce examination as the Board may stipulate;
(ii) who has attained the age of 23 years and has received a diploma or
certificate in mining or mining engineering or other equivalent qualification
approved under sub-clause (iA) of clause (a) or a degree in geology from any
recognised university, if he satisfied the Board that he has had such practical
experience for a period of not less than two years in the case of a certificate
restricted to mines having open-cast workings only and not less than three years
in the case of a certificate not so restricted as has been specified in subregulation(2) of regulation 16 or in the capacity of a manager or in a capacity
accepted by the Board as equivalent or superior thereto in the planning, control
and direction of mining operations in metalliferous mines of a type approved by
the Board and if he passes such viva voce examination as the Board may
stipulate; or
(iii) who has attained the age of 21 years and has received a diploma, certificate
or degree in mining engineering, applied geology, civil, mechanical or electrical
engineering or other equivalent qualification approved under sub-clause (ii) of
clause (a), if he satisfied the Board that he has had such practical experience for
a period of not less than one year in the case of a certificate restricted to mines
having open-cast workings only and not less than two years in the case of a
certificate not so restricted as has been specified in sub-regulation (2) of
regulation 16 or in the capacity of a manager or in a capacity accepted by the
Board as equivalent or superior thereto in the planning, control and direction of
mining operation in metalliferous mines of a type approved by the Board and if he
passes such viva voce examination as the Board may stipulate].
(2) Any Service Certificate granted under sub -regulation (1) may be restricted to
miens having open-cast workings only; and this fact shall be endorsed on the
Certificate.
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(3) Every application for the grant of a Service Certificate under this sub regulation shall be accompanied by:
(i) a certificate of age granted by a Gazetted Officer of the Central Government or
by the head-master of a school of a Higher Secondary or equivalent standard or
by a qualified medical practitioner no below the rank of a Civil Assistant Surgeon;
Provided that in case of a person holding a matriculation or equivalent certificate,
such certificate shall be submitted as evidence of age;
(ii) a medical certificate obtained not more than two years prior to the ate of his
application, from a qualified medical practitioner not below the rank of a Civil
Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be
free from deafness, defective vision or any other infirmity, mental or physical,
likely to interfere with the efficient discharge of his duties; and (iii) a certificate
from some person of good repute as to the general good conduct and sobriety of
the candidate.
(4) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.

SIMILARLY, SECTION 24 OF CHAPTER 03 OF MMR, 1961 WHICH IS

IMPLEMENTED BY DGMS, DHANBAD TILL THIS DAY, AS BELOW:
24. Service Certificate for Surveyors. (1) The Board may grant, until such date
as may be notified by the Central Government for the purpose in the Official
Gazette, a Surveyors (restricted to metalliferous mines) to any person
(i) 1[who has attained the age of 30 years and who satisfied the Board that he
has worked as surveyors of metalliferous mines in India for a period not less than
six years, and has had practical experience in surveying of the nature approved
by the Board, if he passes such viva voce examination as the Board may
stipulate; or]
(ii) who has attained the age of 25 years and has received 1[certificate, diploma
or degree in mining, mining engineering, mine surveying or civil engineering or
other equivalent 2qualification] approved in this behalf by the Central
Government, if he satisfied the Board that he has had practical experience in
surveying of the nature approved by the Board for a period of not less than two
years (including not less than six months in the workings belowground of a
metalliferous mine in India) and if he passes such viva voce examination as the
Board may stipulate.
[NOTE- Any service certificate granted under this sub -regulation may be
restricted to mines having opencast workings only, and such restriction shall be
endorsed on the certificate].
(2) Every application for the grant of a Service Certificate under this subregulation shall
be accompanied by:
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(i) a certificate of age granted by a Gazetted Officer of the Government or by the

head-master of a school of a Higher Secondary or equivalent standard or by a
qualified practitioner not below the rank of a Civil Assistant Surgeon : Provided
that in case of a person holding a matriculation or equivalent certificate, such
certificate shall be submitted as evidence of age;
(ii) a medical certificate obtained not more than two years prior to the date of his
application, from a qualified medical practitioner not below the rank of a Civil
Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be
free from deafness, defective vision or any other infirmity, mental or physical,
likely to interfere with the efficient discharge of his duties; and (iii) a certificate
from some person of good repute as to the general good conduct and sobriety of
the candidate.
(3) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.

HIGH LIGHTS OF THE INFORMATION FURNISHED BY BOARD OF MINING

EXAMINATIONS AND DIRECTOR GNEERAL OF MINES SAFETY, DGMS,
DHANBAD, UNDER RTI ACT, 2005 TO DR.L.RAMAKRISHNA, VIDE HIS RTI
APPLICATION DATED 09/06/2015:
Vide DGMS Letter No. Z-18011/95/2015/Exams (M)/1940 dated 29/06/2015
1. The Board of Mining Examinations has not considered so far the grant of
any Service Certificate without written examination
2. The Director (Exam), DGMS has no role in implementation of issue of
Service Certificates under Section 23 of Chapter III of MMR, 1961. The
Board of Mining Examinations only decides the procedure and relaxation
to be given, if any.
3. The Competent Authority to issue amendments to Mines Act, Mines
Rules, Mining Regulations, etc., is Government of India.
4. Date, Month and Year of INCLUSION of Section 23 of Chapter III of MMR,
1961: Reply received 29/10/1965, 30/08/1967 and 10/07/1974 here it
is clearly mentioned that the Section 23 is included but not omitted.

Vide DGMS Letter No. Z-18011/100/2015/Exams (M)/2560 dated 03/08/2015

1. Grant of statutory certificate is being guided by Cir. No. Exam 3/1975 and
Cir. No. Exam 1/1977 (only few pages given).
2. Competent Authority to constitute Board of Mining Examination is Central
Government, under Section 12 of Mines Act, 1957.
3. It is a shocking news that being a RTI activist fighting for the cause of
lakhs and thousands of victimized mining engineers in India, a reply is
received on point No.28 of the letter that my original documents submitted
to DGMS, Dhanbad for attending First Class Mines Managers
Examination during 1996 vide Examination Letter No.Exam/FMR-96/A
304 dated 25/09/1996 and thereafter during 2001 (Role No.5274-3270)
and during 2011 (Role No.5274 3503) (i.e., all my required original
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documents were received at Board of Mining Examinations, DGMS,

Dhanbad before issue of Authorisation Letter / Role Nos. for attending the
written examinations); all the original documents submitted could not be
traced even after several searches as the these records were more than
15 years old.
4. Point 29 even though I have received Authorization letters for attending
the First Class Mines Managers Certificates during 1996, 2001 & 2011,
etc., after submission of required original documents to Board of Mining
Examinations, DGMS, Dhanbad, I have received a lame and illiterate reply
that as per our available office records, you original certificates were not
received at this office.
5. It is clearly implies that my original documents submitted to Board of
Mining Examinations, DGMS, Dhanbad are intentionally either damaged,
destroyed, misplaced, or I am being blocked for further examination or
grant of Service Certificate, etc.
6. Further, my application for First Class Mines Managers Examination
during 2013/2014 were rejected
and I blocked to attend the
examinations by the Board of Mining Examinations, DGMS, Dhanbad.
7. In all the above said extracts of information received from DGMS,
Dhanbad (from the volume of more than 300 pages under RTI Act, 2005)
further due for information from Second Appellate Authority, I am being
targeted and I am an victim of unwanted written examinations
conducted against Section 23 of Chapter III of MMR, 1961 by Board
of Mining Examinations, Director General of Mines Safety, Dhanbad.
8. I am the one among the lakhs and thousands of mining engineers in
India, suffering from trauma and depression for the want of Service
Certificates to work as First Class / Second Class Mines Mangers for
carrier up gradation, promotions, loss of financial benefits, respect,
dignity, and peace of mind to work with other co-workers from other
engineering streams such as mechanical, electrical, etc, where there
exists no such demands for forced and compelled - competitive and
written examinations after employments.
9. I along with other friends have literally witnessed a suicidal death of
one Mr. Srinivas, Chettinad Cements, Tamilnadu during the last year,
during time of mining examinations conducted by DGMS, Dhanbad.

All the above mentioned justifications / grievances are placed for the
consideration and necessary positive action for redress by the competent
authorities to the victimized mining engineers in India.

(Dr.L.Ramakrishna)