131. (1) The employer of a mine may, and shall, if called upon to do so by the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, to frame and submit to the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator a draft of such by-laws, not being
inconsistent with this Code or any regulations or rules for the time being in force, governing
the use of any particular machinery or the adoption of a particular method of working in the
mine, as the employer may deem necessary to prevent accidents and provide for the safety,
convenience and discipline of the persons employed in the mine.
(2) If any such Employer—
(a) fails to submit within two months a draft of bye-laws after being called upon
to do so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, or
(b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-
cum-Facilitator or Inspector-cum-Facilitator sufficient, the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator may—
Prior
publication
of rules, etc.
Power to
make
regulation
without
previous
publication.
Bye-laws.
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10
15
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25
30
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(i) propose a draft of such bye-laws as appear to him to be sufficient; or
(ii) propose such amendments in any draft submitted to him by the
employer as will, in his opinion, render it sufficient, and shall send such draft
bye-laws or draft amendments to the employer for consideration.
(3) If within a period of two months from the date on which any draft bye-laws or draft
amendments are sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to
the employer under the provisions of sub-section (2), the Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator and the employer are unable to agree as to the terms of the
bye-laws to be made under sub-section (1), the Chief Inspector-cum-Facilitator or Inspector-
cum-Facilitator shall refer the draft bye-laws for settlement to the technical Committee
constituted under sub-section (5) of section 16 in respect of mines.
(4) When such draft bye-laws have been agreed to by the employer and the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, or, when they are unable to agree,
have been settled by the Committee constituted under sub-section (5) of section 16 in
respect of mines, a copy of the draft bye-laws shall be sent by the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator to the Central Government for approval:
Provided that the Central Government may make such modification of the draft bye-
laws as it thinks fit:
Provided further that before the Central Government approves the draft bye-laws,
whether with or without modifications, there shall be published, in such manner as the
Central Government may think best adapted for informing the persons affected, a notice of
the proposal to make the bye-laws and of the place where copies of the draft bye-laws may
be obtained, and of the time (which shall not be less than thirty days) within which any
objections with reference to the draft by-laws, made by or on behalf of persons affected
should be sent to the Central Government.
(5) Every objection under second proviso to sub-section (4) shall be in writing and
shall state—
(i) the specific grounds of objections, and
(ii) the omissions, additions or modifications asked for.
(6) The Central Government shall consider any objection made within the required
time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws
either in the form in which they were published or after making such amendments thereto as
it thinks fit.
(7) The bye-laws, when so approved by the Central Government, shall have effect as
if enacted in this Code, and the employer  shall cause a copy of the bye-laws, in English and
in such other language or languages as may be prescribed by the Central Government, to be
posted up in some conspicuous place at or near the mine, where the bye-laws may be
conveniently read or seen by the persons employed; and, as often as the same become
defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable dispatch.
(8) The Central Government may, by order in writing rescind, in whole or in part, any
bye-laws so made, and thereupon such bye-law shall cease to have effect accordingly.