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DESPATCH from the Secretary of State for India to the Governor General of India in Council (Statistics)-No. 59, dated 3 July 1890.
INDIAN FACTORY ACT.
My Lord Marquis,
IN my Despatch, No. 44, dated the 15th May last, concerning the Indian Factory Act, I promised to forward the proceedings of the Berlin Conference of 1890 as soon as they were published. I now forward a copy of the Papers presented to Parliament on the matter.
2. I have already, in my Despatch of 15th May, No. 44, and more especially in the 5th paragraph, stated clearly the principles which must govern the action of your Excellency's Government in relation to this matter. It is therefore unnecessary for me to make any comment in detail upon the contents of these Papers, which I commend to your careful consideration.
3. As yet no legislation has been undertaken in India for regulating work in mines. The matter has been on occasions discussed, but the condition of the mining industry was not deemed such as to require legislative interference. At the present time collieries, and possibly some of the gold mines, would seem tobe the only mining industries in India that require regulation. Now that a single colliery proprietor like the East Indian Railway has a yearly output of nearly 400,000 tons of coal, and that a single State colliery like that at Warora yields 140,000 tons a year, the time has come for re-opening the subject. I request that you will consider how far it may be necessary and desirable to frame a Bill for the inspection of mines, arid for the regulation of the employment therein of women, young persons, and children, &c.
4. I may also point out that the Report of the Conference recommends the appointment of a sufficient number of qualified Factory and Mine Inspectors; the preparation, and interchange with other States, of periodical reports upon the working of the principles laid down by the Conference. 1 t may not be necessary for India, who was not directly a party to the Conference, to circulate her factory reports to other nations, and India has, under the Act of 1881, arranged for factory inspection. But now that the Factory Law will be more extensive in its scope, and more detailed in its provisions, your Excellency's Government will doubtless consider whether it may not be necessary to appoint, at industrial centres like Bombay and Calcutta, inspectors who shall give their whole time to factory inspection. It has been suggested that one of your Geological Survey officers could possibly undertake the work of inspecting such coal or other mines that may be brought under the new law. 'And it would be extremely desirable that a yearly volume containing a resume of all Factory and Mines Inspectors' reports should, when the new law is in working order, be published by your Government.
5. Any law passed by the Indian Legislature would one applicable to British India only; but there are factories and coal and gold mines in Native States, and we may hope that the numbers of such industries will increase. It is probable that the Rulers of such States may be willing to follow the example of the British Government in the matter; and when the new law is passed and in working order our Excellency might see fit to advise some of the chief Native States upon the subject. I forward a copy of the report of a question asked and an answer given in the House of Commons on the 12th May 1890 concerning the regulation of factory labour in the Native States of India.
I have, &c.
(signed) Cross.
For Monday, 12th May 1890.
Mr. Howorth, To ask the Under Secretary of State for India whether, inasmuch as the Indian Factory Act does not apply to the Native States, he will consider the advisability of urging upon their rulers the necessity of introducing legislation for the protection of women and children employed in the manufactories of those States, and who now work from dawn to sunset.
Reply.
The policy of the Indian Government is to interpose as little as possible in the internal affairs of Native States so long as the Rulers govern justly. But the Secretary of State will bring this question to the notice of the Government of India, with a view to their advising Native States containing factories to follow the factory legislation of British India.
MINING LEGISLATION.
My Lord Marquis,
WITH reference to your letter, No. 59 (Revenue and Agriculture, Minerals), dated 4th August 1891, relative to the proposal of your Government to regulate by law the working of mines in India, I have caused to be forwarded to you the Papers enumerated in the accompanying list, which have been supplied to me by the Secretary of State for the Home Department, as likely to be of use to. your Excellency in Council in connection with this matter.
2. I defer consideration of your detailed proposals until the further information which has been called for by your Government on certain points has been received and communicated to me. But, as at present advised, I think it most desirable that the employment of women or girls underground should be altogether prohibited in India. The decision against such employment was unanimous and unquestioned at tl e Berlin Conference. I understand that women are not employed underground in Indian mines belonging to Government, and the prohibition of such employment in private mines would cause little disturbance at a time when the coal industry of India (though important and much to be encouraged) is still in its infancy. I also think it questionable whether the minimum age for the admission of children to labour in mines should be placed below 12, the age accepted by the Berlin Conference for southern countries. Even on the analogy of the minimum age that has been adopted in your recent Factory Act, the Indian minimum age would be only one year below the South Europe minimum, and that would give 11 instead of 10 as the lowest permissible age for children labouring in Indian mines.
I have, &c.
(signed) Cross.
Enclosure to Despatch, No. 80.
List.
(a) A copy of the Special Rules under the Coal Mines Regulation Act, 1887, in force in the Manchester and Ireland District.
(b) A copy of an Abstract of the Metalliferous Mines Regulation Acts, 1872 and 1875, with Special Rule's in force in the Manchester and Ireland District.
(c) A copy
(c) A copy of the Instructions of the Secretary of State for Her Majesty's Inspectors under the Coal Mines Regulation Act, 1887 ; and Her Majesty's Inspectors under the Metalliferous Mines Regulation Acts, 1872 and 1875.
(d) The Final Report of Her Majesty's Commissioners appointed to inquire into Accidents in Mines, 1886.
(e) Reports of Her Majesty's Inspectors of Mines for 1890.
(f) Summaries of the Statistical Portion of the Reports of Her Majesty's Inspectors of Mines.
(g) List of the Mines worked in the year 1890.
(h) List of Plans of Abandoned Mines deposited in the Home Office.
(i) Mineral Statistics for 1890.
(k) Minute of the Secretary of State on the subject of Coal Dust.
(l) Letter of Mr. 1X-lines Inspector Hall to the Secretary of State on the Coal Dust question.
(m) Copies of printed forms in use by Her Majesty's Inspectors of Mines.
My Lord,
IN his Despatch No. 59 (Statistics), dated 3rd July 1890, Your Lordship's predecessor invired our attention to the Proceedings of the Berlin Conference in relation to the regulation of mining industries, and asked us to consider how far it would be necessary to undertake legislation (1) for the inspection of mines, and (2) for the regulation of the employment therein of women, young persons and children. Lord Cross also suggested (3) that we should appoint a Government Inspector, (4) that we should publish a volume of his report for circulation in other countries for general information, and in conclusion (5) that we should advise Native States to pass laws similar to any we might frame for British India. We thought it desirable, in the first instance, to await the issue of the legislation regarding factories which was in progress at the time that the despatch was received, but in May 1891 we addressed a Circular to Local Governments and Administrations, in which, while stating that the facts and statistics before us were not sufficient to warrant our expressing any final conclusions, we thought it right to indicate the lines on which we were prepared to legislate as then advised, and subject to what might be put before us by local authorities.
2. On the 4th August 1891 we submitted a copy of our Circular for the information of Lord Cross, who deferred consideration of our detailed proposals until the further information called for had been received. He took occasion, however, to express an opinion-
(1) That the prohibition of female labour underground should be absolute. He referred to the Berlin Resolution I (b) in which this prohibition was recommended, and stated his belief that women are not employed in Government mines in Indian and that their exclusion would not seriously disturb an industry still in its infancy.
(2) That the age for children should be 12, or at the lowest 11, instead of 10 as had been suggested by us.
3. Having now carefully considered the reports furnished to us by the Local Governments and Administrations in response to our Circular, we are prepared to lay before Your Lordship the conclusions which we have formed regarding the measures required for the regulation of the mining industry. The subject naturally divides itself into two parts :--
(1) The regulation of labour in mines and the restrictions to be imposed on the employment of women, young persons and children.
(2) The general management and inspection of mines.
4. From the statement enclosed with this report, which represents with Numbers employed in collieries, tolerable approximation the facts of the case, it will be seen that 78 mines and collieries employ a labour-force of 31,471 persons, of whom over 18,818 or 59'8 per cent work underground.
Of this number 19,203 or 61 per cent. are men, 8,779 or 28 per cent. are women, and 3,489 or 11 per cent. are returned as young persons or children.
The first fact which will doubtless strike Your Lordship is the largeness of the proportion (39 per cent.) which the women and children employed bear to the total force.
5. In the 2nd paragraph of India Office Despatch No. 80. (Statistics), dated Extent of employment of women 12th November 1891, Lord Cross expressed his belief that women are not at present employed in any mines worked by the Government. This statement, however, is not strictly accurate. In Umaria there are 99 girls and women out of a total underground labour-force of 833, while in the Government Salt Mines in the Punjab women are largely employed under-round.
In all private collieries, on the other hand, including the well-managed establishments under the control of the East Indian Railway Company, the underground employment of female labour is universal. It can scarcely be questioned that any restrictions upon the employment of a class of labourers in such extensive demand, and still more their absolute exclusion, will, at least at the outset, entail very serious consequences to the mining industry, even in its present stage of development.
6. We will now proceed to analyse in greater detail the evidence contained Evidence from Central Provinces in the papers received from the Governments of the Central Provinces and of Bengal, which are the provinces chiefly concerned with this question, and from which, as a natural consequence, the information of the greatest value has been received.
7. The Chief Commissioner of the Central Provinces has stated in strong Opinion of Chief Commissioner, terms the objections to which the employment of women and children in mines is open. But he admits that there are very great differences between the conditions of India and Europe; that the objections derived from men working in a nearly nude state have no application here; and that, in the matter of association with men, women are placed here in much the same position above-ground as in the mines. His conclusion is, not that female labour shall be prohibited or restricted, but merely that it shall "not be recognised by law."
In the Central Provinces there are three collieries of importance, two of Government Collieries, Umaria and which are under Government management. At Umaria, as above noted, about 100 women and girls are employed underground, and there are in addition 12 boys. The manager considers that the objections to female labour urged at Berlin are not applicable to collieries in this country, but that it should not be allowed, as "underground working is not improving to women." He points out, however, that this would prevent his offering work to whole families, which has hitherto operated as "a great inducement to men to adopt this new kind of labour."
At Warora, the other State Colliery, no women have ever been employed, and perhaps the fact should not be lost sight of, that the mine would gain by similar conditions being imposed on its competitors. The manager details his objections to allowing females underground, under the heads of (1) morality (2) the health of the women themselves and their offspring, and (3) their safety. As to (1) he has abstained from offering any particulars, while his remarks under (2) and (3) are not entitled to much weight. His apprehension seems to be that the women would remain below for their confinement and perhaps die from want of air.
On the other hand, the manager at Mohpani makes out a fairly strong case for continuing to employ women. He ridicules the idea of underground work causing more "masculine roughness " than the agricultural labour to which native women of the class in question are accustomed; and there can be no doubt that there is much truth in the comparison which he has drawn. He shows, too, that they generally work with a man of their own family, and are not thrown in contact with other men; this point will be brought out more fully in regard to Bengal.
None of the Central Provinces authorities object to a minimum age of 10 for children, so far as the employers are concerned, but the Chief Commissioner points out the unquestionable advantage to the boys themselves of passing an apprenticeship in underground labour at a very early age.
The Lieutenant-Governor of Bengal, while admitting that " the one point in which legislation might do good is in the prohibition of the employment of children underground.
He considers that there is no necessity for any legislation whatever, and entirely agrees with the large body of authorities whom he has consulted, and who are almost unanimous in opposing the exclusion of women.
These authorities make out a very strong case. Mr. Quinn, Commissioner of Bhagalpur, has assumed a priori that the employment of women underground must have a demoralizing effect; but, on the other hand, the reports of Dr. Saise, Mr. Veasey, Mr. Monahan, Colonel Lillingston, and Babu N. S. Dutt, which have been written with a considerable knowledge of the subject, and are well worthy of perusal, show that the conditions and system of working essentially different from those which obtain in British mines. The women and children are not separately entertained, but the work is done on the "family system." The father of the family does what work he likes and is paid by the piece. His wife, children and other relations help him according to their ability and add something to the family earnings.
Sir C. Elliott has very properly laid great stress on the necessity of providing new occupations for the growing population, and on the danger of checking the expansion of work in mines. Dr. Saise has correctly pointed out that the women will not go underground when they have domestic concerns requiring their presence at home, but that at other tunes they are expected to remain and work along; with their husbands or male relations. Babu N. S. Dutt, as a native, speaks with yet greater force upon this point, and upon the danger of interfering with family relations. Dr. Saise and others see no objection to prohibiting; children under 10 from working in mines; but they seem to have had in view a prohibition applying to employers only. For, taking the family system as described by Mr. Veasey, Colonel Lillingston, Mr. Monahan, and others, it would be obviously impossible to prevent a woman from taking down her whole family, and putting such of them as are able to help her to do little odds and ends of work, while the younger ones play or sleep. Mr. Veasey points out that if a miner is not allowed to do his work in the way he chooses he will turn to some other kind of employment, and that it is difficult enough to get miners as it is. The women's and children's work is not separately paid for: it is merely accessory to the rutting of coal, which is done only by their adult male relations.
In the memorial enclosed the principal employers of mining labour strongly object to any interference which they consider likely to injure, at its start, an industry which has many other difficulties to contend with.
9. Of the other Local Governments and Administrations, only two, the Punjab and Assam, have mines in which underground labour is employed to any large extent. The Chief Commissioner of Assam is averse to legislation of any kind; and in the Punjab, where, without any objectionable results, no less than 400 women are employed in the Government salt mines, it is not proposed to place restrictions of any kind on female labour underground. Children below the age of 10 are nowhere directly employed, and an age-restriction, though not objected to, would have little or no practical effect.
10. The work of women, wherever employed, consists in carrying head-loads, General description of work of moving trucks, and other labour supplementary to women and children, the actual cutting or mining, which is done by men.
This work could certainly be performed by men, but there are in some cases difficulties, arising out of caste or social customs, which would render the change less easily practicable than might be imagined, and the employment of men would obviously he much more expensive.
Children are employed to a very small extent as compared with women, whose work they tray be said to supplement. Women, however, are often accompanied by their children when they go to work in the mines.
Work is conducted below, as above ground, upon a family system, and the work of women and children in mines does not differ in character, or in any substantial respect, from that which they perform above ground.
11. The chief objections which have been urgent against the employment female labour below ground consist in the alleged employment of women and children. But it is clear that there is nothing snore unsexing to the Indian female in the work below ground than ill the ordinary coolie work which she performs elsewhere, while the danger of immorality is to a great extent obviated owing to the prevalence of the family system. Owing, moreover, to the free ventilation available and access to the outer air, arising from the fact that the approach to the workings of Indian mines is generally by adits and inclines instead of by shafts, work in the Indian mine is scarcely less healthy for a woman than that above ground. With reference to the employment of girls, account must be taken of the fact that children in India are married at the earliest possible age.
12. On the whole, it is difficult to avoid the conclusion that it would be impossible either to restrict the employment of women and children, or to regulate the hours of labour, without destroying the family system of working, and that this could not be done: without very serious injury to a rising and important industry, and great hardship to the classes which at present find employment in the mines.
We have considered whether it would be possible to make an exception in favour of the family system, in the same mariner as we have exempted from certain statutory restrictions factories worked on an approved system of shifts, but we are satisfied that this would not be practicable. One fatal objection would be that an employer could easily evade the law by making all his arrangements through his male labourers.
13. We think it unnecessary to do more than touch lightly on the issues raised in our Circular with regard to mining Management and inspection.
With the important exception of the Government of Bengal, which deprecates legislation of any description, the local authorities are not indisposed to undertake measures for the appointment of qualified managers, the legislation of mining inspection, the compulsory supply of plans by Mine-owners, and the appointment of mining inspectors with statutory powers, as well as the conferment of general powers to make rules on the Local Government.
14. But in perusing the reports of the Local Governments the first thing which we believe will impress Your Lordship, as it has us, is the absence of any urgency whatever for legislative interference in the management of Indian mines. Not only are the conditions of labour, as shown above, different in essential particulars from those prevailing in the corresponding industries of Europe, but there is a remarkable rarity of accidents, together with an absence of unhealthiness and of abnormal mortality, so far as can be traced, which stands out in vivid contrast to the painful occurrences which are so frequently reported from the mining counties of Great Britain. Explosions of gas and fire-damp, such as have to be carefully guarded against in England, are almost unknown in this country. In Assam, indeed, there seem to have been three accidents connected with gas during a long series of years; but the collieries are now thoroughly ventilated. Mr. Monahan, while mentioning two unexplained explosions, has stated that for many years there has not been the slightest trace of gas.
15. On the whole, they, neither for the regulation of labour, nor for the general management and inspection of mines, do we think that the case presented by the Local Governments and Administrations is strong enough to justify us in recommending early legislation. We consider that the mining industry, now at a comparatively early stage of its development, might receive a serious check if we were to adopt measures calculated to disturb the existing conditions of mining labour, conditions which are in no way hurtful or distasteful to the labouring population, but, on the contrary, are in close accordance with their ordinary social habits and customs. At the same time we are fully aware that as mining extends, and competition increases, statutory regulations may be found necessary to prevent the now unimportant defects of the mining system developing into serious evils.
16. In this view we consider it essential that the working of mines should be closely watched, and that a fuller knowledge than at present obtains should be acquired of the conditions of labour in Indian mines. We accordingly propose to introduce a system of careful and regular inspection.
17. We, therefore, request your Lordship to select an officer whose qualifications would fit him for appointment as Inspector of Mines under our Government. He should, if possible, have had practical experience of the working and management of European mines. He would be required to visit all mines at least once a year, to report on the system of labour, to investigate accidents, and to furnish the Government with information generally oil subjects of interest and importance connected with mining.
We believe such an official will be able; to render effective service, at any rate, during the earlier period of his appointment, without the aid of statutory powers; but should he meet with obstruction on the part of the mine-owners during the conduct of his inspections, or should any difficulty be found in carrying into effect reasonable recommendations which he may prefer, we shall be prepared to confer on hire such legal powers as may be required.
18. For the present we are satisfied that a single inspector will be sufficient for the whole of India. The privately owned mines are for the most part concentrated on a comparatively small area accessible to the railways, while, except in Bengal and the Central Provinces, it may be said that mining is hardly begun. We agree with Lord Cross that the inspecting officer may be appropriately placed upon the cadre of our Geological Survey Department, but we must leave it to your Lordship to determine what initial salary should be offered.
19. Pending your Lordship's reply to the present communication we consider it unnecessary to take any special action with reference to mining in Native States, the conditions of which differ to no material extent, so far as we are at present informed, from those of British India.
We have, &c.
(signed) Lansdowne.
Roberts.
P. P. Hutchins.
D. Barbour.
A. E. Miller.
H. Brackenbury.
C. H. T. Crosthwatte.
Enclosures in letter No. 81.
From T. D. Mackenzie, Esq., c.s., Chief Secretary to the Government of Bombay, Revenue Department, to the Secretary to the Government of India, Revenue and Agricultural Department ; No. 146-P., dated Poona, the 22nd June 1891.
I AM desired to acknowledge the receipt of your letter No. 1270-25-9 M., dated 4th instant, with which you forward Circular No. 1124-25-2 M., dated 29th May 1891, on the subject of legislation for the inspection and regulation of training operations in India and suggest that the Government of India will be glad to receive any remarks on, the subject which the Bombay Government may will to offer.
2. In reply I am directed to inform you that as there are no mines of any kind in the Presidency proper or in Sind, His Excellency the Govenor in Council is unable to offer any remarks on the Circular, but he would be glad to be favoured with copies of the draft bill when it is drawn.
I AM directed to acknowledge the receipt of your letter No. 1124-25-2 M., dated the 29th May 1891, relative to proposed mining legislation in India.
2. In reply I am to submit that there are no coal mines as yet open in Burma, though negotiations are pending regarding the lease of certain area, for this purpose. Any legislation that suits the circumstances of Indian mines may conveniently be adopted for Burma.
I am directed to reply to your letter No. 1271-25--9 M., dated 4th June 1891, asking for any remark, or suggestions that the Lieutenant Governor and Chief Commissioner might wish to offer on the subject on the mining, legislation for India outlined in your Department Circular No. 1124-25-2 M., dated 29th May 1891.
2. In the absence of any experience of mining in these Provinces, the Lieutenant-Governor and Chief Commissioner does not feel qualified to give a useful opinion; but it seems to him desirable that ten should be fixed as the age under which children should not be employed in mines; that the limit to the hours of labour prescribed for factories should also be prescribed for mines; and that no girl over 12 should be employed in mines, unless married and employed with her husband.
I AM directed to acknowledge receipt of Government of India Circular No. 1124-25-2 M., dated 29th May last, on the subject of legislation for the inspection and regulation of mining operations in India.
2. The Chief Commissioner thought it desirable to obtain the opinions of experts on the various points enumerated in the Circular under acknowledgement. (1) Letter No. 1656, dated 23rd July 1891, and (2) letter No. 2513, dated 25th July 1891, from the managers of the colleries in the Central Provinces
(3) Letter, dated 30th july 1891, from the maganger of the Nerbudda Coal and Iron Company, Mohpani, were accordingly addressed and their views elicited. I am to forward here-with, for the information of the Government of India, copies of letters as marginally noted which have been received from the Managers of the Umaria, Warora and Molipani Collieries.
3. It is stated in the Circular under reference that the provisions for a Coal Mines Act for India would generally follow those of the English Coal Mines Regulation of 1887, and in this connection the opinions and suggestions of the Chief Commissioner are solicited.
This Act contains provisions relating to-
(a) Employment of boys, girls and women.
(b) Wages.
(c) Single shafts.
(d) Divisions of Mines into parts.
(e) Certificated Managers.
(f) Returns, plans, notices of accident and abandonment.
(g) Inspection.
(h) Arbitration.
(i) Coroners.
(k) General rules (ventilation, machinery, &c.).
(l) Special rules for every mine to be approved by Inspector.
The Government of India intimates in paragraph 4 of the Circular that it is not inclined to think that legislation is likely to be required in this country in connection with (b) Wages, (h) Arbitration, and (i) Coroners.
4. In passing, the Chief Commissioner would invite attention to the remarks made by the Manager, Warora Colliery, relative to the system in force at that Colliery of payment to petty contractors, by weighment of coal won. The coolies, however, who work under the petty contractors are paid as heretofore, viz., by measurement, but as the advantages of the weighment system (which is that adopted by the seller and the purchaser) become apparent to the labourers it is not improbable that a demand may be made to introduce it generally in Indian Mines.
The Chief Commissioner is therefore of opinion that this subject (wages), in so far at least as it relates to payment by weight, should be considered when legislating for Indian Coal Mines with a view of enabling the labourer to claim payment by weight should he so desire it.
With reference to arbitration some doubt is expressed in the correspondence to the prudence of omitting provision for arbitration from the Act. On this point reference is invited to remarks made by the manager of the Mohpani Colliery, which seems to urge the contention that if inspection by an individual appointed by Government is enacted so as to safeguard the lives of the workmen, it is reasonable that provision should also be made, in the interests of colliery proprietors, to admit of arbitration. In favour of Mr. Simpson's argument it is to be said that the plan of arbitration has been found necessary for English Mines; but the Chief Commissioner is not sure that the circumstances in India are parallel, or that the admission of a right to claim arbitration in case fault was found with the injunctions of the Government Inspector would be found practicable or tolerable in India. In respect to (i), Coroners, Mr. MacDonnell concurs with the opinion expressed by the Government of India in paragraph 4 on the subject.
5. The employment of women aid girls underground is a matter which has received much attention at the hands of the colliery managers who have been consulted.
The Manager of the Mohpani Colliery has considered this question at some length, and his arguments may be perhaps regarded as putting the case for employment of women on underground work as colliery owners, advocates of such employment, would wish it to be put. The general conclusion he arrives at is that no very serious objections exist on moral or other grounds to the employment of women underground, and lie points out that to prohibit such labour would entail Great distress on the people themselves and deprive the colliery owners of a source of comparatively cheap labour, and would, besides, seriously interfere with the labour market which, as it is, falls far short of the demand. On the other hand the Manager of the Warora Colliery is opposed in toto to the employment of female labour in the mines; and the Manager of the Umaria Colliery, whilst considering that the grounds on which objections were raised in the proceedings of the Berlin Comerence are not entirely applicable to this country, is of opinion that it is not desirable to employ women and girls underground.
The Chief Commissioner is ready to admit that considerable differences do exist between the conditions of mining labour in the two countries; and that there is (in the case of women working in mines), in the matter of clothing and association with men, less difference between aboveground and underground labour in India than in England. But still the objections of the Berlin Conference remain at bottom of substantial force in India, and so far as the Central Provinces are concerned, the Chief Commissioner dues not recommend that underground labour by women and girls be recognised by law.
6. The managers of the collieries in the Central Provinces are unanimously in favour of the employment of boys underground, and in this view the Chief Commissioner is entirely inclined to agree. There is nothing in the work they have to perform, such as oiling tram wagons and simple underground machinery, closing and opening ventilating doors, and tending horses, which is likely to overtax their strength, whilst the wages they earn are generally more than enough for their support. There is an advantage besides in the employment of boys underground which is pointed out by the Manager of the Umaria Colliery, viz., that a more intelligent class of miners would be obtained owing to the acquaintance tl;e lads would gain of pit work from having been habituated to it from the commencement of their working career. It is not, however, desirable that boys of very tender years should work in the mines, and Mr. MacDonnell would therefore fix the minimum age at ten years.
7. The principal duties on which women and children are engaged in the Central Provinces collieries underground consist in carrying coal from the workings to the trams and materials for building purposes, keeping the drains clear and attending to the ventilating doors, &c. These duties could be undertaken by men, but the expense to the colliery would be considerably increased.
8. As regards the regulation of hours of work, it appears that in the case of women the provisions of the Indian Factories Amendment Act, viz., that no women should be employed between the hours of 8 p.m. and 5 a.m. except in shifts, nor more than 11 hours in one day at regular intervals in the proportion of 1 1/2 hours in 11 hours, are practically complied with in all the Central Provinces collieries. As regards children, however, it would appear that the hours of work generally exceed the limit prescribed in the Act. It has, however, to be borne in mind that the nature of the duties performed does not involve continuous labour but gives frequent opportunities for rest. It being understood that women and girls are not to be employed underground, it has to be considered what hours (a) women and girls, and (b) boos should work. Mr. MacDonnell is of opinion that for (a) women and girls who, working above-ground, will be in the open air, the hours of the Indian Factories Act of 1891 should apply, viz., 11 hours for women and seven hours for girls. For (b) boys who work underground, the Chief Commissioner wound place the limit at eight hours with an interval of half-an-hour.
9. It seems to be generally admitted by the managers of the collieries in the Central Provinces that every mine should have two means of outlet, either by shafts or inclines. In the case of shafts it would be necessary to provide at each shaft means of winding efficiently maintained in working order, so that people could ascend without delay. The provisions of Sections 16 to 18 of the English Coal Mines Act seem very suitable and their adoption is recommended n any legislation that may be undertaken for Indian mines.
10. The division of mines into parts appears to be unobjectionable in principle, but the Chief Commissioner does not consider that it is a matter calling for legislation at present.
11. In the matter of certificates, the concensus of opinion of the managers of collieries in this Province seems to be in favour of requiring a manager to hold a certificate of fitness, and the Chief Commissioner laving regard to the established position of coal mining in India and to the proposal to constitute a Board to grant certificates is of opinion that this should be required.
The Chief Commissioner is also inclined to think that two classes of certificates should be recognised. The first class to be held by all managers and `mining engineers, and the second by assistant managers or assistant mining engineers.
These certificates would, it is understood, be granted by the Board described in paragraph 9 of Government of India Circular under reply. The constitution of the Board appears to be as satisfactory as possible in the present stage ofmining in India. It appears desirable also that provision should be made in the act for recognising certificates of competency granted in the United Kingdom.
12. The provisions of the English Coal Mines Act, Sections 33 to 38, should in the opinion of the Chief Commissioner be adopted in the case of an Act for Indian Mines.
13. The Chief Commissioner fully concurs in the views expressed by the Government of India in paragraph 11 of the Circular letter under reply in respect. to the inspection of mines.
It would also, he considers, be necessary to enlarge Section 44 of the English Coal Mines Act and to empower a Local Government to direct a report under the conditions mentioned in the same paragraph.
14. In regard to the information called for in paragraph 14 of Government of India Circular letter, I am desired to submit a statement compiled from the farts and figures (which have been condensed and tabulated to admit of ready comparison) supplied by the managers of the Collieries in the Central Provinces.
INSPECTION and Regulation of Mining Operations in India.-Government of India Circular No. 1124-25-2 M. of 29th May 1891.
IN reply to your No. 90-4452 of 11th instant, giving cover to Circular No. 1124-25--2 M., dated 29th May 1891, and two Acts, I have the honour to state that I have attached hereto in tabular form the information called for in paragraph 14 of the above Circular.
2. Employment of Women and Children. Mining being to a certain extent in its infancy in India, and consequently labour for that class of work is difficult to get, more especially in a new mining district, it is certainly of advantage to be able to employ women and children, as the being able to provide work for a whole family is a great inducement to men to adopt this to them a new kind of labour and undoubtedly has assisted us in getting workpeople. Though I agree with the view taken in this circular that the grounds on which objections are raised in the proceedings of the Berlin Conference are not entirely applicable to this country, still I think that the work underground is not improving to women and that they should not be allowed to work in the mine.
3. Prevention of women working in the mines might have a slight effect in making labour for a time a little more difficult to get, but the work done by women could be undoubtedly be done by men, though at extra cost.
4. It must also be borne in mind, however, that many women will be thrown out, of work by the abolition of women labour in the mines, more especially, I believe, in the Bengal District, and the consequence of this will be that men will require higher wages to support their families.
5. The nature of the work performed by women and children, and as to whether it can be performed equally well by men, is notified in the tabular statement.
6. What I have said regarding women is also applicable to girls.
7. Boys, I think, should be employed in the mines, and I agree with paragraph 4 of the circular in making the age limit not less than 10.
8. From my experience, by the employment of boys we shall be enabled to get in time a class of much more intelligent miners, as the boys pick up the knowledge that it is necessary for a miner to have much more quickly than the men.
9. Wages. I consider there is no necessity for legislation on this subject.
10. Single .shafts. I am of opinion that every mine should be compelled to have two shafts or two ways out either by second shaft or an incline. This would not be a great hardship on mine owners in this country, as so far the seams which are being worked are comparatively shallow and the cost of sinking is not great.
11. I consider that paragraph 16 to paragraph 18 of the Coal Mines Regulation Act of 1887 might be applied in this case.
12. Hours for women and children to work. The usual hours for all classes of workpeople employed in the pits are eight hours, but arrangement could be made to comply with the Factory Act respecting the time that boys are employed, except that the interval of half-an-hour mentioned in Section 7, clause 4 of Act XI, of 1891, could not be permitted. But as there are very few boys employed in the mine, as there is not much work that boys can do and they are not very hard worked, I think six hours would not be an unreasonable time for them to work.
13. Division of Mines into parts. I agree with the opinion expressed in paragraph 8 of the circular that legislation is not likely to be necessary in this connection in Indian mines for the present.
14. Certificated Managers. I would suggest that certificates of service might be given to men holding the present position of managers who have been covenanted out from home in that capacity and that a certificate of service be given to all managers in the country who have held the position of manager for five years.
15. 1 would further propose that the suggestion, in paragraph 9 of the circular under discussion, be adopted and that notice be given to all managers, who do not come under the head of those to whom I have suggested service certificates should be given " that they will be required to present themselves for examination before the proposed Board within one year of the Act coming into force.
16. I am of opinion that one description of certificate of competency indicated by first class would meet the present requirement in India and that assistant or under manager should be required to hold this certificate. I consider that in India it would be sufficient for each manager to form his own opinion of the qualifications of his overman or such subordinates as in England world hold a second class certificate.
17. I consider that the Coal Mines Regulation Act of 1887, paragraphs 20 to 32 would require some modification to make them applicable for India at present.
18. Returns, plans, notices of accident and abandonment.-I agree with the opinion expressed by the Government of India in paragraph 10 that the provisions of the English law may in this case be adopted.
19. Inspection.-I consider that provisions of sections 41 to 44 inclusive of the English Act might be introduced.
With regard to, section 44 I note that it is considered that it may be necessary to enlarge this section and I concur with this view of the case.
Section 45.-I concur with the explanation in the Circular under this head.
20. Arbitration and Coroners.-I agree with the views expressed in paragraph 4 of the Circular regarding this head.
21. General rules (ventilation, machinery, safety lamps, use of' explosives, &c.) -I concur in the views expressed in paragraph 12 of the Circular under this head.
MINING LEGISLATION.
YOUR No. 90-4564, dated 18th July 1891.
In owning your above, giving cover to a copy of Government of India's Circular No. 1124-25-2, dated 29th May 1891, on the subject of proposed Mining Legislation, I have the honour to state as follows
2. Paragraphs 3 and 4 of above Circular. With reference to (b) wages, the Government of India state that it is not understood that there are any mines in this country in which wages are determined by the weight of minerals gotten by the labourers employed. At Warora, I may say, that all petty contractors are paid by the ton of coal. Every tub of coal or fire-clay is weighed as it is raised from the mine.
3. Paragraph (4). Age of children. I find that no lads are employed under 10 or 11 years of age.
4. To your wire to me dated 27th April 1891, which runs as under:-
" India wires. Message, begins: Please ascertain to what extent women and children are employed in underground mines, indicating number employed, hours of employment, age of children. Message ends : Please report by wire as the information is required urgently."
I replied: "Your wire of date. No women employed underground. No boys under twelve. Shortest hours eight."
But after having all our lads examined by the doctor, I find I was not strictly correct, and am of opinion that 10 or 11 years should be the lowest limit of age.
5. The work required of lads of this age would be that of " trappers " or " door boys," opening and shutting doors, at each of which a boy is stationed. The doors are required for ventilation purposes and have to be opened to allow of tubs of coal to pass along the lines of rail leading to and from the shaft. The work is not arduous or difficult.
6. They are also employed in tending horses underground and in oiling machinery. In no case is their work laborious, and their hours of work are eight per shift.
7. Paragraph 5. No women or girls of any age are employed below ground since this colliery was commenced.
8. 1 am of opinion that the English Act should be adopted in this country in this respect : on the grounds of (1) morality, (2) the health of the women and their offspring, and (3) their safety.
(1) As regards the moral objections, I need not enter into details.
(2) As regards the heath of the women and their offspring, I would point out tile extreme difficulty a manager would experience in preventing women staying in the Mine during childbirth, and from remaining after the labour was over, to the detriment of the health of themselves and off-spring.
(3) Should they so stop below, and the means of ventilation be mechanical, say a fan, by the stoppage of the fan at tile weak end it is quite possible that through the stoppage of the ventilation they might be killed.
9. Paragraph 6. I do not recognize that there need be any restriction to the hours of work, except that of the English Mines Regulation Act of 1887, as regards boys, vide Part 1, paragraph 6 (1) (2) (3).
10. The Mines Regulation Act should differ from tile Factory Act in respect of the hours of labour, as tile limit of age of children, boys, would differ in the two Acts.
11. Further also to have hours of work shorter than eight at a stretch would involve winding up these whose hours were shorter than eight at times, v, hen to do so would interrupt the winding of coal.
12. It is our practice here to make the winding enginemen work six hours only, as the constant attention requires[ was deemed difficult to ensure when the shift was 8 hours, as formerly.
There is no restriction to the hours of work of winding enginemen at home, and I do not think there need be here in this country. I however mention this fact and note with satisfaction our immunity from
accident from over-winding.
13. All the men and lads workitig underground here change shift after eight hours work.
14. Paragraphs 7 acrd 8.-I am of opinion that it would he expedient to include paragraphs 15 to 18 and 19 of the English Act in the Indian Act now under consideration.
I5. Paragraph 9.- Of whatever number the Board of Examiners be formed, I think that they all should be certificated Mining Engineers holding 1st class certificates or the equivalent. I am also of opinion that two classes of certificates, 1 st and 2nd class, should be granted, and that 1st and 2nd class certificates granted in England should be recognized in this country.
16. Paragraph 10.-The English Act extended as contemplated in paragraph 13 of letter under reply may, it would seem, be incorporated in the Indian Act.
17. Paragraph 11.-The Official Inspector should be a certificated man, and one accustomed to the work of inspections in England would be better than a man unaccustomed to this sort of work, lie being less likely to harass the manager of mines lie inspected with objections, vexatious and trivial.
18. Paragraph 12.-These rules will be dealt with separately as directed in paragraph 15.
19. Paragraph 14.-I enclose answers to the seven enquiries conveyed in this paragraph.
Trusting that the above meets your requirement.
IN reply to your letter No. 90-4565, dated Nagpur, the 18th of July 1891, I have the honour to say
1. The information called for in paragraph 14 of the Government of India's Circular No. 1124-25-2 M., is herewith enclosed, and will I hope he found in order.
2. Paragraphs 4 to 11 of the Circular (2a), paragraph 4 (b), wages.--We pay our coal getters or hewers and our carriers of coal by measure or task work, and therefore there will be no advantage in the proposed Act dealing with payment by weight. We also pay all wages at the Company's offices, and the question dealt with by section 11 of the English Coal Mines Act of 1887 is not likely to require legislation in this country. (h) Arbitration.-I would suggest that if inspection is provided for the clause providing also for arbitration should be included in the proposed Act, as it is a safeguard against the imposition by an Inspector of any hastily conceived or impracticable restrictions or the introduction of any mere fads. (i) Coroner's Inquests.- Would no doubt be duly replaced in the manner proposed in the Circular, but. I would suggest that provision be made similar to that contained in paragraphs 6, 7 and 8 of Section 48 of English Coal Mines Act, 1887.
Limit of age for children.--There is in our mines nothing requiring the employment of children of less than 10 (ten) years of age, and most of the children employed are, as will be seen from the replies to paragraph 14 of the Circular, older than this. In those few cases where children are employed under 10 years of age, it is rather for the sake of their parents than for our own sake, as a child of nine will not be so useful as one of 10 or upwards. Children are employed almost entirely in carrying coals or stones and earth. This they do in baskets placed upon the head. They work each day from six to eight hours in " shifts " or " sets." They are not actually working the whole time but have intervals for rest allowed them. They work by task or piece-work mostly, and have generally more time in the " shift " than required for their task if they actually worked all the time. It is an advantage to employ children as they can pass upright along roads with a basket upon their heads where men or women could not pass. I am quite in favour of 10 (ten) years being fixed as a limit for the age at which children may be employed under ground."
(2b) Paragraph 5.-Employment of women underground.-As to the " masculine roughness " referred to in this paragraph of the Circular, I do not think that the labour performed by our women here in the mines makes them any rougher than does the labour they generally perform in carrying water, wood, jungle produce, &c., and in the fields, such for instance as weeding rice crops.
The whole surroundings of the native women, their generally active rough life quite away from the mines, and the hardihood of the people, renders the above consideration of the Berlin Conference, I think, quite inapplicable to this district. As to the serious moral objections there are some drawbacks peculiar to mines which render this objection to some extent applicable to all mines, but it would more especially apply where large numbers of men and women are promiscuously employed together, rendering it impossible for either sex to have any privacy.
The limited number employed here and the circumstances under which they work, as set forth in the next paragraph, minimize any special objection, as men and women are thrown together under little more (if any) hurtful circumstances than in many surface employments. Circumstances under which women are employed below ground.-Most of the women employed here are coal carriers, and generally come to and leave the mine with the man for whom they carry coals, in many cases being his wile, daughter, or other relation. They work in shifts or sets of six to eight hours one shift each day, and in separate places, all meeting together only as they bring their load to the point at which the empty trams stand to be filled.
They can generally carry a good deal more coal than a man will hew.
They fill as a rule each one tram holding eight half cwts. of coal. For this they walk about 100 yards (one hundred) with the full basket and back again with the empty one. About 60 lbs. of coal is a basket-load, so that for one tram they make about 16 journeys, travelling altogether, full and empty, one mile and seven-ninths, or less than two miles per day.
Some few of the women carry two trains in the shift (when they can get coal) with ease. Those women who do not carry coals carry earth or stones for packing the gob or goaf or for the masons, or for making roads, and they are under the charge of a banger who looks after them. They carry from one or two common depots to the places where they deposit their loads. They do generally rather less work than the coal carriers, but work by piece-work and in shifts of eight hours.
All women are of course under the supervision of special mates, besides under that of the overmen and deputy overman. As to how far the work now done by women could be equally well done by men.-Some few men and boys can do the same kind of work, but men cannot generally do it because, first, they are not habituated to the labour of carrying loads upon their heads, whereas women are; second, they cannot pass along the roads with a basket on the head, whereas women being usually of shorter stature can do so with ease; third t lie men are required for heavier kinds of works, which women could not do, such as hewing, cutting stone, setting timber, baling water, stowing stone, &c.
I would say in conclusion that the prohibition of the employment of women under ground would entail great distress amongst the native population here, which has really been drawn together by the mines. Since the opening of these mines the labour of carrying coals, &c., has been performed by women almost entirely, and a special class of people accustomed to the work has become established.
A large loss would also be brought upon the owners of these mines, who would by the way be as glad as any one to see the condition of women improved, but under existing conditions it would be next to impossible to get men to do the work of women, and labour always has been and still is one of the greatest difficulties in the way of working these mines. The irregular nature of the seams render it impracticable to introduce tramways right into the working faces, in order to save the carrying entirely, and so we must always be dependent upon carrying to some extent.
It is to be hoped that the Government of India will have due regard to the points above set forth.
(2c) Paragraph 6.-Hours of work. -All women and children work in "shifts" or "sets" of six to eight hours, and only one such shift each" day. The mine, owing to the smallness of the field, works day and night, so that from three to four shifts or relays of work people go down.
During the shift the nature of the work done by women and children allows them many cessations from actual work, and where this is not the case the mate in charge of a "shift" allows them proper intervals for rest. No advantage would be gained by an enforced period of rest as most of the work is "piece" or "task" work, and allows the women and children to take as much rest as they require.
Men and strong boys are the only persons employed underground during the whole day, and these are such persons as are employed on datal work about the train roads, hooking on or "onsetting" the trams and taking them off or "banking out." Such persons go down at. 6 a.m. and work until 12 noon, then go home, and returning at 2 p.m. work on until 5 or 6 p.m. Under the above conditions I see no advantage to be gained by applying the Factory Act to mines for regulation of hours of work.
(2d) Paragraph 7. -Single shafts -I am in favour of the adoption in the proposed Act of provisions similar to those of the English Coal Mines Act of 1887, Sections 16 to 18. We have double shafts or outlets to all our mines.
(2e) Paragraph 8.-Division of the Mines into parts.-The remarks contained in the Circular on this head will probably be agreed in by most of those who have to do with mines.
(2f) Board for granting certificates of fitness.-I would suggest that not less than two-fifths of the Board of Examination, ought certainly to be men actually holding first-class certificates under the English Coal Mines Act of 1887, and practising as Mining Engineers, Agents or Managers of Mines.
The Inspector of Mines, I think, should also be one of the Board, and would of course be a man practically acquainted with all the details of mines and mine management. Without provision somewhat as above stated the certificates granted in this country would probably not be sufficient guarantee that those to whom they were granted were really men with practical mining experience and technical qualifications.
In the present state of mining in India a man cannot gain in this country alone nearly such a good training in mining as lie would receive in England or on the Continent, and most of those likely to present themselves in this country for certificates would be men with solely Indian experience, and would hardly possess the experience and technical qualifications necessary to carry them through an examination for a first-class certificate.
Experience in English or Continental mines at some recent period should, I think, be insisted upon before anything approaching the present English first-class certificate of competency should be granted. There might be a second-class certificate somewhat on the same lines as in the United Kingdom for which men with sufficient practical experience and technical ability to act as under managers should be eligible. I think that all certificates of either class granted in the United Kingdom should be recognised in India. As to how far certificates granted in India would be recognized in England would be a question which I would respectfully suggest for the Government of India's consideration.
(2g) Paragraph 10.-Returns-The provisions of the English Coal Mines Act of 1887 might, I should think, apply to Indian mines almost as they stand.
(2h) Paragraph 11.-Inspection.--I am in favour of the suggestions contained in the Circular. The only suggestion I would here make being that an inspector should be a man who has had a practical training in mines and also possessing the necessary technical qualifications. His experience should have been gained in the United Kingdom and not only in India.
3. Paragraph l2.-General and Special Rules.-These might be framed on the same lines as the English rules with due regard to the peculiar circumstances of the mines in India. We now have here special rules in force which were framed much after the English rules and provide for the safety of the mines. As to sanitation we have here mechanical ventilation which with strict discipline as to cleanliness ensures a fair measure of excellence in the sanitary condition of our mines.
4. Paragraph l3.-Railways--Protection of.-The measures as to minerals underlying railways, I think, are very desirable. Due regard should be had to the loss which might be incurred by the owner of the mineral in leaving protection for railways.
5. Paragraph 14.-General information required.-The table attached to this letter contains all the information required except as to accidents. We have no register of accidents here, but by going; through old diaries, &c., we may be able to find out the total number of accidents that have occurred. I have given a summary of such accidents as we were able to get particulars of, and this will be of some use. Meanwhile we are getting out such further information on this head as we can.