Tribh/MiningRegs huggingface dataset:
the amount so claimed or be less than the amount awarded by the collector under
section when the applicant has refused to make such claim or has omitted without sufficient
reason to be allowed by the judge to make such claim the amount awarded by
the court shall in no case exceed the maount awarded by the collector when the
applicant has omitted for a sufficient reason to be allowed by the judge to make
such claim the amount awarded to him by the court shall not less than and
may exceed the amount awarded by the collector s was renumbered as subsection of that
section by act of sform of awards every award under this part shall be in
writing signed by the judge and shall specify the amount awarded under clause first of
subsection of section and also the amounts if any respectively awarded under each of the
other clauses of the same subsection together with the grounds of awarding each of the
said amounts insby s act of every such award shall be deemed to be a
decree and the statement of the grounds of every such award a judgement within the
meaning of section clause and section clause respectively of the code of civil procedure costs
every such award shall also state the amount of costs incurred in the proceedings under
this part and by what persons and in what proportions they are to be paid
when the award of the collector is not upheld the costs shall ordinarlily be paid
by the collector unless the court shall be of opinion that the claim of the
applicant was so extravagant or that he was so negligent in putting his case before
the collector that some deduction from his costs should be made or that he should
pay a part of the collectors costs collector may be directed to pay interest on
excess compensation if the sum which in the poinion of the court the collector ought
to have a awarded as compensation is in excess of the sum which the collector
did award as compensation the award of the court may direct that the collector shall
pay interest on such excess at the rate of six per centum from the date
on which he took possession of the land to the date of payment of such
excess into court part ivapportionment of compensation particulars of apportionment to be specified where there
are several persons interested if such persons agree in the apportionment of the compensation the
particulars of such apportionment shall be specified in the award and as between such persons
the award shall be consclusive evidence of the correctness of the apportionment disputes as to
apportionment when the amount of compensation has been settled under section if any dispute arises
as to the apportionment of the same or any part thereof or as to the
persons to whom the same to any part thereof is payable the collector may refer
such dispute to the decision of the court part v payment payment of compensation or
deposit of same in court on making an award under section the collector shall tender
payment of the compensation awarded by him to the persons interested entitlted thereto according to
the award and shall pay it to them unless prevented by some one or more
of the contigencies mentioned in the next subsection if they shall not consent to receive
it or if there be no person competent to alienate the land or if there
be any dispute as to the title to receive the compensation or as to the
apportionment of it the collector shall deposit the amount of the compensation in the court
to which a reference under section would be submitted provided that any person admitted to
be interested may receive such payment under protest as to the sufficiency of the amount
provided also that no person who has received the amount otherwise than under protest shall
be entitled to make any application under section provided also that nothing herein contained shall
affect the liability of any person who may receive the whole or any part of
any compensation awarded under this act to pay the same to the person lawfully entitled
thereto notwithstanding anything in this section the collector may with the sanction of the appropriate
government instead of awarding a money compensation in respect of any land make any arrangement
with a person having a limited interest in such land either by the grant of
other lands in exchange the remission of landrevenue on other lands under the same title
or in such other way as may be equitable having regard to the interests of
the parties concerned nothing in the last foregoing subsection shall be construed to interfere with
or limit the power of the collector to enter into any arrangement with any person
interested in the land and as to persons who are competent to contract see s
of the indian contract act of competent to contract in respect thereof investment of money
deposited in respect of lands belonging to persons in competent to alienate if any money
shall be deposited in court under subsection of the last preceding section and it appears
that the land in respect whereof the same was awarded belonged to any person who
has no power to alienate the same the court shall a order the money to
be invested in the purchase of other lands to be held under the like title
and conditions of ownership as the land in respect of which such money shall have
been deposited was held or b if such purchase cannot be effected forthwith then in
such government or other approved securities as the court shall think fit and shall direct
the payment of the interest or other proceeds arising from such investmnet to the person
or persons who would for the time being have been entitled to the possession of
the said land and such moneys shall remain so deposited and invested until the same
be applied i in the purchase of such other lands as aforesaid or ii in
payment to any person or persons becoming absolutely entitled thereto in all cases of moneys
deposited to which this section applies the court shall order the costs of the following
matters including therein all reasonable charges and expenses incident thereto to be paid by the
collector namely a the costs of such investments as aforesaid b the costs of the
orders for the payment of the interest or other proceeds of the securities upon which
such moneys are for the time being invested and for the payment out of court
of the principal of such moneys and of all proceedings relating thereto except such as
amy be occasioned by litigation between adverse claimants investment of money deposited in other cases
when any money shal have been deposited in court under this act for any cause
other than that mentioned in the last preceding section the court may on the appliation
of any party interested or claiming an interest in such money order the same to
be invested in such government or other approved securities as it amy think proper and
may direct the interest or other proceeds of any such investment to be accumulated and
paid in such manner as it amy consider will give the parties interested therein the
same benefit thereform as they might have had from the land in respect whereof such
money shall have been deposited or as near thereto as may be payment of interest
when the amount of such compensation is not paid or deposited on or before taking
possession of the land the collector shall pay the amount awarded with interest thereon at
the rate of six per centum per annum from the time of so taking possession
until it shall have been so paid or deposited part vi temporary occupation of lan
temporary occupation of waste or arable landprocedure when difference as to compensation exists subject to
the provisions of part vii of this act whenever it appears to the appropriate government
that the temporary occupation and use of any waste or arable land are needed for
any public purpose or for a company the appropriate government may direct the collector to
procure the occupation and use of the same for such term as it shall think
fit not exceeding three years from the commencement of such occupation the collector shall thereupon
give notice in writing to the persons interested in such land of the purpose for
which the same is needed and shall for the occupation and use thereof for such
term as aforesaid and for the materials if any to be taken therefrom pay to
them such compensation either in a gross sum of moneys or by monthly or other
periodical payments as shall be agreed upon in writing between him and such persons respectively
in case the collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof the collector shall refer such difference to the decision of the
court power to enter and take possession and compensation on restoration on payment of such
compensation or on excuting such agreement or on making a reference under section the collector
may enter upon and take possession of the land and use or permit the use
thereof in accordance with the terms of the said notice on the expiration of the
term the collector shall make or tender to the persons interested compensation for the damage
if any done to the land and not provided for by the agreement and shall
restore the land to persons interested therein provided that if the land has become permanently
unfit tobe used to the purpose for which it was used immediately before the commencement
of such term and if the persons interested shall so require the appropriate government shall
proceed under this act to acquire the land as if it was needed permanently for
a public purpose or for a company difference as to condition on land in case
the collector and persons interested differ as to the condition of the land at the
expiration of the term or as to any matter connected with the said agreement the
collector shall refer such difference to the decision of the court part viiacquisition of land
for companies company may be authorised to enter and survey the words subject to such
rules as the ggof india in cmay from time to time prescribe in this behalf
repby s and schi of act of the appropriate government may authorise any officer of
any company desiring to acquire land for its purposes to exercise the powers conferred by
section in every such case section shall be constructed as if for the words for
such purpose the words for the purposes of the company were substituted and section shall
be construted as if after the words the officer the words of the company were
inserted ins by act of saindustrial concern to be deemed company for certain purposes an
industrial concern ordinarily employing not less than one hundred workmen owned by an individual or
by an association of individuals and not being a company desiring to acquire land for
the erection of dwelling hosuses for workmen employed by the concern or for the provision
of amenities directly connected therewith shall so far as concerns the acquisition of such land
be deemed to be a company for the purposes of this part and the references
to company in sections a and shall be interpreted as references also to such concern
previous consent of appropriate government and execution of agreement necessary the provisions of section to
both inclusive shall not be put in force in order to acquire land for any
company unless with the previous consent of the appropriate governmnet nor unless the company shall
have executed the agreement hereinafter mentioned previous enquiry such consent shall not be given unless
the appropriate government be satisfied ins by act of seither on the report of the
collector under section a subsection or by an enquiry held as hereinafter provided subs by
act of s for the original clauses a and ba that the purposes of the
acquistion is to obtain land for the erection of dwelling houses for workmen employed by
the company or for the provision of amenities directly connected therewith or b that such
acquisition is needed for the construction of some work and that such work is likely
to prove useful to the public such enquiry be held by such officer and at
such time and place as the appropriate government shall appoint such officer may summon and
enforce the attendance of witnesses and compel the production of documents by the same means
and as far as possible in the same manner as is provided by the see
now the code of civil procedure of code of civil procedure in the case of
a civil court agreement with appropriate government the words such officer shall report to the
lgthe result of the enquiry and were repby act of s if the appropriate government
is satisfied ins by s ibid after considering the report if any of the collector
under section a subsection or on the report of the officer making an inquiry under
sub section that ins by act of s the purpose of the proposed acquisition is
to obtain land for the erection of dwelling houses for workmen employed by the company
or for the provision of amenities directly connected therewith or that the proposed acquisition is
needed for the construction of a work and that such work is likely to prove
useful to the public it shall the words subject to such rules as the ggin
cmay from time to time prescribe in this behalf repby act of s and schi
require the company to enter into an agreement with the appropriate government providing to the
satisfaction of the appropriate government for the following matters namely the payments to the appropriate
government of the cost of the acquisition the transfer on such payment of the land
to the company the terms on which the land shall be held by the company
subs by act of s for the original clauses and where the acquisition is for
the purpose of erecting dwelling houses or the provision of amenities connected therwith the time
within which the conditions on which and the manner in which the dwelling houses or
amenities shall be erected or provided and where the acquisition is for the construction of
any other work the time within which and the conditions on which the work shall
be executed and maintained and the terms on which the public shall be entitled to
use the work publication of agreement every such agreement shall as soon as may be
after its execution be publised the words in the gazette of india and also repby
the ao in the official gazette and shall thereupon so as far as regards the
terms on which the public shall be entitled to use the work have the same
effect as if it had formed part of this act sections to not to apply
where government bound by agreement the provisions of sections to both inclusive shall not apply
and the corresponding section of the repby this act land acquisition act shall be deemed
never tohave applied to the acquisition of land for any railway or other company for
the purposes of which subs by the ao for under any agreement between such company
and the secretary of state for india in council the government is or was bound
to provide land under any agreement with such company the secretary state for india in
council the secretary of state the central government of any state government is or was
bound to provide land how agreement with railway company may be proved in the case
of the acquisition of land for the purposes of a railway company the existence of
such an agreement as is mentioned in section may be proved by the production of
a printed copy thereof purporting to be printed by order of government part viiimiscellaneous service
of notices service of any notice under this act shall be made by delivering or
tendering a copy thereof signed in the case of a notice under section by the
officer therein mentioned and in the case of any other notice by or by order
of the collector or the judge whenever it may be practicable the service of the
notice shall be made on the person therein named when such person cannot be found
the service may be made on any adult male member of his family residing with
him and if no such adult male member can be found the notice may be
served by fixing the copy on the outer door of the house in which the
person thererin named ordinarily dwells or carries on business or by fixing a copy thereof
in some conspicous place in the office of the officer aforesaid or of the collector
or in the courthouse and also in some conspicous part of the land to be
acquired provided that if the collector or judge shall so direct a notice may be
sent by post in a letter addressed to the person named therein at his last
known residence address or place of business and registered under part iii of the see
now the indian post office act of indian post office act and service of it
may be proved by the production of the addressees receipt penalty for obstructing acquisition of
land whoever wilfully obstructs any person in doing any of the acts authorised by section
or section or wilfully fils up destroys damages or displace any trench or mark made
under section shall on conviction before a magistrate be liable to imprisonment for any term
not exceeding one month or to fine not exceeding fifty rupees or to both magistrate
to enforce surrender if the collector is opposed or impeded in taking possession under this
act of any land he shall if a magistrate enforce the surrender fo the land
to himself and if not a magistrate he shall apply to a magistrate or within
the towns of calcutta madras and bombay to the commissioner of police and such magistrate
or commissioner as the case may be shall enforce the surrender of the land to
the collector completion of acquisition not compulsory but compensation to be awarded when not completed
except in the case provided for in section the government shall be at liberty to
withdraw from the acquisition of any land of which possession has not been taken whenever
the government withdraws from any such acquisition the collector shall determine the amount of compensation
due to the damage suffered by the owner in consequence of the notice or of
any proceedings thereunder and shall pay such amount to the person interested together with all
costs reasonably incurred by him in the prosecution of the proceedings under this act relating
to the said land the provisions of part iii of this act shall apply so
far as may be to the determination of the compensation payable under this section acquisition
of part of house of building the provisions of this act shall not be put
in force for the purpose of acquiring a part only of any house manufactory or
other building if the owner desire that the whole of such house manufactory or building
shall be so acquired provided that the owner may at any time before the collector
has made his award under section by notice in wriitng withdraw or modify his expressed
desire that the whole of such house manufactory or building shall be so acquired provided
also that if any question shall arise as to whether any land proposed to be
taken under this act does or does not form part of a house manufactory or
building within the meaning of this section the collector shall refer the determination of such
question to the court and shall not take possession of such land until after the
question has been determined in deciding on such a reference the court shall have regard
to the question whether the land proposed to be taken is reasonably required for the
full and unimpaired use of the house manufactory or building if in the case of
any claim under section subsection thridly by a person interested on account of the severing
of the land to be acquired from his other land the appropriate government is of
opinion that the claim is unreasonable or excessive it may at any time before the
collector has made his award order the acquisition of the whole of the land of
which the land first sought to be acquired forms a part in the case last
hereinbefore provided for no fresh declaration or other proceedings under sections to both inclusive shall
be necessary but the collector shall without delay furnish a copy of the order of
the appropriate government to the person interested and shall thereafter proceed to make his award
under section acquisition of land at cost of a local authority or company where the
provisions of this act are put in force for the purpose of acquiring land at
the cost of any fund controlled or managed by a local authority or of any
company the charges of and incidental to such acquistion shall be defrayed from or by
such fund or company in any proceeding held before a collector or court in such
cases the local authority or company concerned may appear and adduce evidence for the purpose
of determining the amount of compensation provided that no such local authority or company shall
be entitled to demand a reference under section exemption from stampduty and fees no award
or agreement made under this act shall be chargeable with stampduty and no person claiming
under any such award or agreement shall be liable to pay any fee for a
copy of the same notice in case of suits for anything done in pursuance of
act no suit or other proceeding shall be commenced or prosecuted against any person for
anything done in pursuance of this act without giving to such person a monthss previous
notice in writing of the intended proceeding and of the cause thereof nor after tender
of sufficient amends code of civil procedure to apply to proceedings before court save in
so far as they may be inconsistent with anything contained in this act the provisions
of the see now the code of civil procedure of code of civil procedure shall
apply to all proceedings before the court after this act subs by act of s
appeals in proceedings before court subject to the provisions of the code of civil procedure
applicable to appeals from the original decrees and notwithstanding anything to the contrary in any
enactment for the time being in force an appeal shall only lie in any proceedings
under this act to the high court from the award or form any part of
the award of the court and from any decree of the high court passed on
such appeal as aforesaid as appeal shall lie of the supreme court subject to the
provisions contained in section of the code of civil procedure and in order xlv thereof
to make rules consistent with this act for the guidance of officers in power to
make rules the appropriate government shall the words subject to the control of the ggin
c were repby act of s and schi have power all matters connected with its
enforcement any may from time to time alter and add to the rules so madethe
provisio was repby the ao the power to make alter and add to rules under
subsection shall be subject to the condition of the rules being made altered or added
to after previous publication all such rules alterations and additions shall the words when sanctioned
by the ggin c were repby act of s and sch pti be published in
the official gazette and shall thereupon have the force of law
the mines act act no of march as modified upto an act to amend and
consolidate the law relating to the regulation of labour and safety in mines be it
enacted by parliament as follows chapter i preliminary short title extent and commencement this act
may be called the mines act it extends to whole of india it shall come
into force on sub date or dates as the central government may by notification in
the official gazette appoint and different dates may be appointed for different provisions of this
act and for different states but not later than st december definitions in this act
unless the context otherwise requires a omitted b adult means a person who has completed
his eighteenth year c agent when used in relation to a mine means every person
whether appointed as such or not who acting or purporting to act on behalf of
the owner takes part in the management control supervision or direction of the mine or
of any part thereof d chief inspector means the chief inspector of mines appointed under
this act e committee means a committee constituted under section f day means a period
of twentyfour hours beginning at midnight g district magistrate means in a presidencytown the person
appointed by the central government to perform the duties of a district magistrate under this
act in that town h a person is said to be employed in a mine
who works as the manager or who works under appointment by the owner agent or
manager of the mine or with knowledge of the manager whether for wages or not
i in any mining operation including the concomitant operations of handing and transport of minerals
up to the point of despatch and of gathering sand and transport thereof to the
mine ii in operations or services relating to the development of the mine including construction
of plant therein but excluding construction of buildings roads wells and any building work not
directly connected with any existing or future mining operations iii in operating servicing maintaining or
repairing any part or any machinery used in or about the mine iv in operations
within the premises of the mine of loading for despatch of minerals v in any
office of the mine vi in any welfare health sanitary or conservancy services required to
be provided under this act or watch and ward within the premises of the mine
excluding residential area or vii in any kind of work whatsoever which is preparatory or
incidental to or connected with mining operations i inspector means an inspector of mines appointed
under this act and includes a district magistrate when exercising any power or performing any
duty of an inspector which is empowered by this act to exercise or perform i
mine means any excavation where any operation for the purpose of searching for or obtaining
minerals has been or is being carried on and includes i all borings bore holes
oil wells and accessory crude conditioning plants including the pipe conveying mineral oil within the
oilfields ii all shafts in or adjacent to and belonging to a mine where in
the course of being sunk or not iii all levels and inclined planes in the
course of being driven iv all opencast workings v all conveyors or aerial ropeways provided
for the bringing into or removal from a mine of minerals or other articles or
for the removal of refuse therefrom viall adits livels planes machinery works railways tramways and
sidings in or adjacent to and belonging to a mine vii all protective works being
carried out in or adjacent to a mine viii all workshop and store situated within
the precincts of a mine and the same management and used primarily for the purposes
connected with that mine or a number of mines under the same management ix all
power stations transformer substations converter stations rectifier stations and accumulator storage stations for supplying electricity
solely or mainly for the purpose of working the mine or a number of mines
under the same management x any premises for the time being used for depositing sand
or other material for use in a mine or for depositing refuse from a mine
or in which any operations in connection with such and refuse or other material is
being carried on being premises exclusively occupied by the owner of the mine xi any
premises in or adjacent to and belonging to a mine or which any process ancillary
to the getting dressing or operation for sale of minerals or of coke is being
carried on jj minerals means all substances which can be obtained from the earth by
mining digging drilling dredging hydraulicing quarrying or by any other operation and includes mineral oils
which in turn include natural gas and petroleum jjj k office of the mine means
any office at the surface of the mine concerned kk open cast working means a
quarry that is to say an excavation where any operation for the purpose of searching
for or obtaining minerals has been or is being carried on not being a shaft
or an excavation which extends below superjacent ground i owner when used in relation to
a mine means any person who is the immediate proprietor or lessee or occupier of
the mine or of any part thereof and in the case of a mine the
business whereof is being carried on by liquidator or receiver such liquidator or receiver but
does not include a person who merely receives a royalty rent or fine from the
mine subject to any lease grant or licence for the working thereof or is merely
the owner of the soil and not interested in the minerals of the mine but
any contractor or sub lessee for the working of a mine or any part thereof
shall be subject to this act in like manner as if he were an owner
but not so as to exempt the owner from any liability m prescribed means prescribed
by rules regulation or byelaws as the case may n qualified medical practitioner means a
medical practitioner who possesses any recognised medical qualification as defined in clause h of section
of the indian medical council act and who is enrolled on a state medical register
as defined in clause k of that section o regulations rules and byelaws means respectively
regulations rules and bye laws made under this act p where work of the same
kind is carried out by two or more sets of persons working during different periods
of the day each of such sets is called a relay and each of such
periods is called a shift ppreportable injury means any injury other than a serious bodily
injury which involves or in all probability will involve the enforced absence of the injured
persons from work for a period of seventytwo hours or more q serious bodily injury
means any injury which involves or in probability will involve the permanent loss of any
part or section of a body or the use of any part or section of
a body or the permanent loss of or injury to the sight or hearing or
any permanent physical incapacity or the fracture of any bone or one or more joints
or bones of any phalanges of hand or foot r week means a period of
seven days beginning at midnight on saturday night or such other night as may be
approved in writing for a particular area by the chief inspector or an inspector a
person working or employed or employed in or in connection with a mine is said
to be working or employed a below ground if he is working or employed i
in a shaft which has been or is in the course of being sunk or
ii in any excavation which extends below superjacent ground and b above ground if he
is working in open cast working or any other manner not specified in clause a
act not apply in certain cases the provisions of this act except those contained in
sections and shall not apply to b any mine or part thereof in which excavation
is being made for prospecting purposes only and not for the purpose of obtaining minerals
for use or sale provided that inot more than twenty persons are employed on any
one day in connection with any such excavation iithe depth of the excavation measured from
its highest to its lowest point nowhere exceeds six metres or in the case of
an excavation for coal fifteen metres and iii no part of such excavation extends below
superjacent ground or b any mine engaged in the extraction of kankar murrum laterite boulder
gravel shingle ordinary sand excluding moulding sand glass sand and other mineral sands ordinary clay
excluding kaolin china clay white clay or fire clay building stone slate road metal earthy
fullers earth marl chalk and lime stone provided that i the working do not extend
below superjacent ground or iiwhere it is an open cast working athe depth of the
excavation measured from its highest to its lowest point nowhere exceeds six metres bthe number
of persons employed on any one day does not exceed fifty and cexplosives are not
used in connection with the excavation notwithstanding anything contained in subsection the central government may
if it is satisfied that having regard to the circumstances obtaining in relation to mine
or part thereof or ground or class of mines it is necessary or desirable so
to do by notification in the official gazette declare that any of the provisions of
this act not set out in sub section shall apply to any such mine or
part thereof or group of class of mines or any class of persons employed therein
without prejudice to the provisions contained in subsection if at any time any of the
conditions specified in the provision to clause a or clause b of subsection is not
fulfilled in relation to any mine referred to in that subsection the provisions of this
act not get out in subsection shall become immediately applicable and it shall be the
duty of the owner agent or manager of the mine to inform the prescribed authority
in the prescribed manner and within the prescribed time about the nonfulfilment reference to time
of day in this act reference to time of day are reference to indian standard
time being five and a half hours ahead of green which mean time provided that
for any area in indian standard time is not ordinarily observed the central government may
make rules a specifying the area b defining the local mean time ordinarily observed therein
and c permitting such time to be observed in all or any of the mines
situated in the area chapter ii inspectors and certifying surgeons chief inspector and inspector the
central government may by notification in the official gazette appoint such a person as possesses
the prescribed qualifications to be chief inspector of mines for all the territories to which
this act extends and such persons as possess the prescribed qualifications to be inspectors of
mines subordinate to the chief inspector no person shall be appointed to be chief inspector
or an inspector or having been appointed shall continue to hold such office who is
or becomes directly or indirectly interested in any mine or mining rights in india the
district magistrate may exercise the powers and perform the duties of an inspector subject to
the general or special orders of the central government provided that nothing in this subsection
shall be deemed to empower a district magistrate to exercise any of the powers conferred
by section or section a or section the chief inspector and all inspectors shall be
deemed to be public servant within the meaning of the indian penal code a functions
of inspectors the chief inspector may with the approval of the central government and subject
to such restrictions or conditions as he may think fit to impose by order in
writing authorise any inspector named or any class of inspectors specified in the order to
exercise such of the powers of the chief inspector under this act other than those
relating to appeals as he may specify the chief inspector may by order in writing
prohibit or restrict the exercise by any inspector named or any class of inspectors specified
in the order of any power conferred on inspectors under this act subject to the
other provisions contained in this section the chief inspector shall declare the local area or
areas within which or the group or class of mines with respect to which inspector
shall exercise their respective powers powers of inspectors of mines the chief inspector and any
inspector may amake such examination and inquiry as he thinks fit in order to ascertain
whether the provisions of this act and of the regulations rules and byelaws and of
any orders made there under are observed in the case of any mine b with
such assistants if any as he thinks fit inspect and examine any mine or any
part thereof at any time by day or night provided that the power conferred by
this clause shall not be exercise in such a manner as unreasonably to impede or
obstruct the working of mine c examine into and make inquiry respecting the state and
condition of any mine or any part thereof the ventilation of the mine the sufficiency
of the byelaws for the time being in force relating to the mine and all
matters and things connected with or relating to the health safety and welfare of the
persons employed in the mine and take whether on the precincts of the mine or
elsewhere statements of any person which he may consider necessary for carrying out the purpose
of this act d exercise such other powers as may be prescribed by regulation made
by the central government in this behalf provided that no person shall be compelled under
this subsection to answer any question or make any statement tending to incriminate himself the
chief inspector and any inspector may if he has reason to believe as a result
of any inspection examination or inquiry under this section that an offence under this act
has been or is being committed search any place and take possession of any material
or any plane section register other records appertaining to the mine and the provisions of
the code of criminal procedure shall so far as may be applicable applied to any
search or seizure made under this act as to apply to any search or seizure
made under the authority of a warrant issued under section of the code powers of
special officers to enter measure etc any person in the service of government duly authorised
in this behalf by a special order in writing of the chief inspector or of
an inspector may for the purpose of surveying leveling or measuring any mine or any
output therefrom after giving not less than three days notice to the manager of such
mine enter the mine and may survey level or measure the mine or any part
thereof or any output therefrom after giving not less than three days notice to the
manager of such mine enter the mine and may survey level or measure the mine
or any part thereof or any output therefrom at any time by day or night
provided that where in the opinion of the chief inspector or of an inspector an
emergency exists he may by order in writing authorise any such person to enter the
mine for any of the aforesaid purpose without giving any such notice facilities to be
afforded to inspectors every owner agent and manager of a mine shall afford the chief
inspector and every inspector and every person authorised under section all reasonable facilities for making
any entry inspection survey measurement examination or inquiry under this act a facilities to be
provided for occupational health survey i the chief inspector or an inspector or other officer
authorised by him in writing in this behalf may at any time during the normal
working hours of the mine or at any time by day or night as may
be necessary undertake safety and occupational health survey in a mine after giving notice in
writing to the manager of the mines and the owner agent or manager of the
mine shall afford all necessary facilities including facilities for the examination and testing of plant
and machinery for the collection of samples and other data pertaining to the survey and
for the transport and examination of any persons employed in the mine chosen for the
survey to such inspector or officer every person employed in a mine who is chosen
for examination in any safety and occupational health survey under subsection shall present himself for
such examination and at such place as may be necessary and shall furnish all information
regarding his work and health in connection with the said survey the time spent by
any person employed in a mine who is chosen for examination in the safety and
occupational health survey shall be counted towards his working time so however that any overtime
shall be paid at the ordinary rate of wages explantion for the purpose of this
subsection ordinary rate of wages means the basic wages plus any dearness allowance and underground
allowance and compensation in case including such compensation if any accruing through the free issue
of foodgrains and edible oils as persons employed in a mine may for the time
being be entitled to but does not include a bonus other than a bonus given
as incentive for production or any compensation accruing through the provision of amenities such as
free housing free supply of coal medical and educational facilities sickness allowance supply of kerosen
oil baskets tools and uniforms any person who on examination under subsection is found medically
unfit to discharge the duty which he was discharging in a mine immediately before such
presentation shall be entitled to undergo medical treatment at the cost of the owner agent
and manager with full wages during the period of such treatment if after the medical
treatment the person referred to in subsection is declared medically unfit to discharge the duty
which he was discharging in a mine immediately before absenting himself from the said examination
and such unfitness is directly describable to his employment in the mine before such presentation
the owner agent and manager shall provide such person with an alternative employment in the
mine for which he is medically fit provided that where no such alternative employment is
immediately available such person shall be paid by the owner agent and manager disability allowance
determined in accordance with the rates prescribed in this behalf provided further that where such
person decides to leave his employment in the mine he shall be paid by the
owner agent and manager a lump sum amount by way of disability compensation determined in
accordance with the rates prescribed in this behalf the rates under the provision subsection shall
be determined having regard to the monthly wages of the employees the nature of disabilities
and other related factors secrecy information obtained all copies of and extracts from registers or
other record appertaining to any mine and all other information acquired by the chief inspector
or an inspector or by any one assisting him in the course of the inspection
or survey of any mine under this act or acquired by any person authorised under
section or section a in the exercise of his duties thereunder shall be regarded as
confidential and shall not be disclosed to any person or authority unless the chief inspector
or the inspector considers disclosure necessary to ensure the health safety or welfare of any
person employed in the mine or any other mine adjacent thereof nothing in subsection shall
apply to the disclosure of any such information if so required to a any court
b a committee or court of inquiry constituted or appointed under section or section as
the case may be c an official supervisor or the owner agent or manager of
the concerned mine d a commissioner for workmens compensation appointed under the workmens compensation act
e the controller indian bureau of mines f any registered or recognised trade union g
such other officer authority and organisation as may be specified in this behalf by the
central government if the chief inspector or an inspector or any other person referred to
in subsection discloses contrary to the provisions of this section any such information as aforesaid
without the consent of the central government he shall be punishable with imprisonment for a
term which may extend to one year or with fine or with both no court
shall proceed to the trial of any offence under this section except with the previous
sanction of the general government certifying surgeons the central government may appoint qualified medical practitioners
to be certifying surgeons for the purpose of this act within such local limits or
for such mine or class or description of mines as it may assign to them
respectively subject to such conditions as the central government may think fit to impose a
certifying surgeon may with the approval of the central government authorise any qualified medical practitioner
to exercise all or any of his powers under this act for such period as
the certifying surgeon may specify and references to a certifying surgeon shall be deemed to
include references to any qualified medical practitioner when so authorise no person shall be appointed
to be or authorised to exercise the powers of certifying surgeon or having been so
appointed or authorised continue to exercise such powers who is or becomes the owner agent
or manager of a mine or is or becomes directly or indirectly interested therein or
in any process or business carried on therein or in any patent or machinery connected
therewith or is otherwise in the employment of the mine the certifying surgeon shall carry
out such duties as may be prescribed in connection with a b the examination of
persons engaged in a mine in such dangerous occupations or processes as may be prescribed
c the exercise of such medical supervision as may be prescribed for any mine or
class or description of mines where i cases of illness have occurred which it is
reasonable to believe are due to the nature of any process carried on or other
conditions of work prevailing in the mine ii chapter iii committees committees the central government
shall with effect from such date as that government may by notification in the official
gazette specify in this behalf constitute for the purposes of this act a committee consisting
of a a person in the service of the government not being the chief inspector
or an inspector appointed by the central government to as chairman b the chief inspector
of mines c two persons to represent the interests of miners appointed by the central
government d two persons to represent the interests of owners of mines appointed by the
central government e two qualified mining engineers not directly employed in the mining industry appointed
by central government provided that one at least of the persons appointed under clause c
shall be for representing the interests of workers in coal mines and one at least
of the persons appointed under clause d shall be for representing the interests of owners
of coal mines without prejudice to generality of subsection the central government may constitute one
or more committees to deal with specific matters relating to any part of the territories
to which this act extends or to a mine or a group of mines and
may appoint members thereof and the provisions of subsection except the provision thereto shall apply
for the constitution of any committee under this subsection as they apply for the constitution
of a committee under that subsection no act or proceeding of a committee shall be
invalid by reason only of the existence of any vacancy among its members or any
defect in the constitution thereof functions of the committee the committee constituted under subsection of
section shall a consider proposal for making rules and regulations under this act and make
appropriate recommendations to the central government b enquiry into such accidents or other matters as
may be referred to it by the central government from time to time and make
reports thereon and c subject to the provisions of suchsection hear and decide any appeals
or objections against notices or orders under this act or the regulations rules or byelaws
thereunder as are required to be referred to it by this act or as may
be prescribed the chief inspector shall not take part in the proceedings of the committee
with respect to any appeal or objection against an order on notice made or issued
by him or act in relation to any matter pertaining to such appeal or objection
as a member of the committee powers etc of the committees a committee constituted under
section may exercise such of the powers of an inspector under this act as it
thinks necessary or expedient to exercise for the purposes of discharging its functions under this
act a committee constituted under section shall for the purposes of discharge its functions have
the same powers as are vested in a court under the code of civil procedure
when trying a suit in respect of the following matters namely a discovery and inspections
b enforcing the attendance of any person and examining him on oath c compelling the
production of documents and d such other matters as may be prescribed recovery of expenses
the central government may direct that the expenses of any inquiry conducted by a committee
constituted under section shall be borne in whole or in part by the owner or
agent of the mine concerned and the amount so directed to be paid may on
application by the chief inspector or an inspector or to a magistrate having jurisdiction at
the place where the mine is situated or where such owner or agent is for
the time being resident be recovered by the distress and sale of any movable property
within the limits of the magistrates jurisdiction belonging to such owner or agent provided that
the owner or his agent has not paid the amount within six weeks from the
date of receiving the notice from the central government or the chief inspector of mines
chapter iv mining operations and management of mines notice to be given of mining operations
the owner agent or manager of a mine shall before the commencement of any mining
operation give to the chief inspector the controller indian bureau of mines and the district
magistrate of the district in which the mine is situated notice in writing in such
form and containing such particulars relating to the mine as may be prescribed any notice
given under subsection shall be so given as to reach the persons concerned at least
one month before the commencement of any noting operation managers save as may be otherwise
prescribed every mine shall be under a sole manager who shall have the prescribed qualifications
and the owner or agent of every mine shall appoint a person having such qualifications