ποΈ Detailed Notes
1οΈβ£ Introduction
Ensuring the medical fitness of mine workers is essential for maintaining safety and efficiency in mines. The Mines Rules, 1955 provide comprehensive provisions regarding medical examinations and re-examinations. When a mine worker or candidate is declared unfit by the Certifying Surgeon, the individual has the right to appeal under Rule 29K to the Appellate Medical Board for a re-examination. This ensures fairness, transparency, and an opportunity for a second medical opinion before final disqualification.
2οΈβ£ Legal Provision: Rule 29K β Mines Rules, 1955
| Clause | Description |
|---|---|
| Rule 29K(1) | Any person declared medically unfit by a Certifying Surgeon may apply to the Appellate Medical Board within 30 days of receiving the decision. |
| Rule 29K(2) | The Appellate Medical Board shall re-examine the applicant and issue a final decision on medical fitness. |
| Rule 29K(3) | The decision of the Appellate Medical Board is final and binding on both employer and employee. |
| Rule 29K(4) | The cost of re-examination may be borne by the applicant unless otherwise directed. |
3οΈβ£ Constitution of the Appellate Medical Board
As per DGMS and Ministry of Labour notifications, the Appellate Medical Board is constituted by the State Government or Central Government (DGMS jurisdiction) and consists of:
- Chairman β Senior Medical Officer of the Central Labour Institute or equivalent.
- Member (Specialist) β Expert in occupational medicine or relevant specialty.
- Member (DGMS Nominee) β Representative from Directorate General of Mines Safety.
The Boardβs function is to review all medical reports, examine the applicant, and deliver a final verdict on fitness for mining employment.
4οΈβ£ Procedure for Applying for Re-examination
- Step 1 β Application Submission: The candidate applies in Form M to the Chief Inspector (DGMS) or authorized officer. Must include the original medical certificate and fee receipt.
- Step 2 β Verification: DGMS verifies application eligibility and forwards it to the concerned Appellate Medical Board.
- Step 3 β Intimation to Candidate: The Board notifies the candidate of the date, time, and venue for re-examination.
- Step 4 β Re-examination: Detailed medical assessment conducted by the Board (eyesight, hearing, chest, blood pressure, respiratory system, etc.).
- Step 5 β Final Decision: The Board issues a final medical certificate β either declaring the candidate βFITβ or βUNFIT.β Decision communicated to DGMS, employer, and candidate.
5οΈβ£ Conditions for Medical Re-examination
- Application must be made within 30 days of original decision.
- Applicant should not have undergone any major treatment that may bias results.
- Re-examination fee paid as per notified rates.
- Board decision is final β no further appeal permitted.
6οΈβ£ DGMS Guidance and Common Cases for Re-examination
Common cases include:
- Disputed medical fitness in hearing or vision.
- Post-recovery from occupational disease (e.g., silicosis).
- Re-assessment after injury or accident recovery.
- Re-certification before returning to underground work.
DGMS ensures that the process is impartial, scientifically conducted, and free from employer influence.
β‘ Quick One-Liners (Revision Points)
- Rule 29K β governs medical re-examination by Appellate Board.
- Time limit β 30 days from declaration of unfitness.
- Application made in Form M.
- Decision of Board β final and binding.
- DGMS representative sits on the Board.
- Cost may be borne by applicant.
- Re-examination ensures fairness.
- Medical certificate issued after final examination.
- Appeals after 30 days are not accepted.
- Occupational health protection under Mines Rules, 1955.
π§ Descriptive Model Question & Answer
Q. Explain the procedure for medical re-examination by the Appellate Medical Board as per Rule 29K of the Mines Rules, 1955.
Answer:
Under Rule 29K of the Mines Rules, 1955, a person declared medically unfit by a Certifying Surgeon has the right to apply for medical re-examination by an Appellate Medical Board within 30 days of receiving the result. The application is submitted in Form M to DGMS or the Chief Inspector of Mines. DGMS then forwards the case to the concerned Appellate Medical Board, which consists of qualified medical experts, including a DGMS nominee. The Board re-examines the candidate, reviews the original medical findings, and issues a final medical decision β which is binding on both employer and employee. This ensures that the workerβs rights are protected and that all fitness assessments are fair, scientific, and unbiased.
π― 25 MCQs β Medical Re-examination under Rule 29K
Q1. Rule 29K is under which Act?
Q2. Application for re-examination must be made within:
Q3. Application form used:
Q4. Appellate Medical Board is constituted by:
Q5. Decision of Appellate Board is:
Q6. Rule 29K provides right to:
Q7. DGMS representative on the Board ensures:
Q8. Medical unfitness appeal valid for:
Q9. Board includes:
Q10. Final decision is issued by:
Q11. Cost of re-exam may be paid by:
Q12. Main purpose of Rule 29K:
Q13. Re-examination covers:
Q14. Certifying Surgeon declares:
Q15. Application submitted to:
Q16. Decision communicated to:
Q17. Board ensures:
Q18. Appeal cannot be made after:
Q19. Re-examination reduces:
Q20. Occupational disease recheck done by:
Q21. Medical re-exam right ensures:
Q22. Rule 29K introduced to:
Q23. Appellate Medical Board authority:
Q24. Board report filed to:
Q25. Medical re-exam decision timeline:
π Internal Linking Suggestions
| Related Topic | Read More On... |
|---|---|
| Health & Welfare | Health, Welfare & Penalties in Mining |
| Mines Act | Mines Act, 1952 Simplified - Key Provisions |
| DGMS Health Circulars | DGMS OH Tech Circular No. 4 of 2024 |
| Mines Act Summary | Complete Chapter-wise Summary of Mines Act, 1952 |
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