Mines Act,1952
Act No : 35
Section :
Powers of Inspectors when causes of danger not expressly providedagainst exist or when employment of persons is dangerous.
22.(1) Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous. If, in respect of any matter for which no express provision is made by or under this Act, it appears to the Chief Inspector or an Inspector that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or direction thereof, is dangerous to human life or safety or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in respect of which he considers the mine or part thereof -------------------------------------------------------------------- 1 Subs. by Act 62 of 1959, s. 11, for ss. 21 and 22 (w.e.f. 16-1- 1960). -------------------------------------------------------------------- 38 or the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice. (lA) Where the owner, agent or manager of a mine fails to comply with the terms of a notice given under sub-section (1) within the period specified therein, the Chief Inspector or the Inspector, as the case may be, may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice. (2)Without prejudice to the provisions contained in sub-section (1), the Chief Inspector or the Inspector, as the case may be, may, by order in writing addressed to the owner, agent or manager of a mine, 'Prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by fire or flooding. (3)If the Chief Inspector, or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector, is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit, [until he is satisfied that the danger is removed] the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger. [(3A) Every person whose employment is prohibited under' sub- section (lA) or sub-section (3) shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition in employment and the owner, agent or manager shall be liable for payment of such full wages of that person: Provided that the owner, agent or manager may instead of paying such full wages provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited.] (4)Where a notice has been given under sub-section (1) or an order made under sub-section (lA), sub-section (2) or sub-section (3) by an Inspector, the owner, agent or manager of the mine may, within ten days after the receipt of the notice or order, as the. case may be, appeal against the same to the Chief Inspector who may confirm, modify or cancel the notice or order. (5)The Chief Inspector or the Inspector sending a notice under sub-section (1) or making an order under sub-section (lA), sub-section (2) or sub-section (3) and the Chief Inspector making an order --------------------------------------------------------------------- 1. Subs 4 Ins by Act 42 of 1983 s.15 (w.e.f 31-5-1984) --------------------------------------------------------------------- 39 (other than an order of cancellation in appeal) under sub-section (4) shall forthwith report the same to the Central Government. (6)If the owner, agent or manager of the mine objects to a notice sent under sub-section (1) by the Chief Inspector or to an order made by the Chief Inspect-or under sub-section (lA) or sub-section (2) or sub-section (3) or sub-section (4), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the Central Government 2[which shall ordinarily within a period of two months from the date of receipt of the objection, refer.] (7)Every notice under sub-section (1), or order under sub-section (lA), sub-section (2), sub-section (3) or sub-section (4), to which objection is made under sub-section (6), shall be complied with, pending the receipt at the mine of the decision of the Committee: Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a 2[notice] under sub-section (1), pending its decision on the objection. (8)Nothing in this section shall affect the powers of a magistrate under section 144 of the Code of Criminal Procedure, 1898.] 3[22A. (1)Power to prohibit employment in certain cases. Where in respect of any matter relating to safety for which express provision is made by or under this Act, the owner, agent or manager of a mine fails to comply with such provisions, the Chief Inspector may give notice in writing requiring the same to be complied with within such time as he may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter. (2) Where the owner, agent or manager fails to comply with the terms of a notice given under sub-section (1) within the period specified in such notice or, as the case may be, within the extended period of time specified under that sub-section, the Chief Inspector may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion, reasonably necessary for securing compliance with the terms of the notice. (3) Every person whose employment is prohibited under sub-section (2), shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the owner, agent or manager shall be liable for payment of such full wages of that person: Provided that the owner, agent or manager may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under sub-section (2). (4) The provisions of sub-sections (5), (6) and (7) of section 22 shall apply in relation to a notice issued under sub-section (1) or an order made under sub-section (2) of this section as they apply in relation to a notice under sub-section (1) or an order under sub- section (lA) of that section]
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