Section Text
a) [a] Substituted for the original section 22 by the Mines (Amendment) Act, 1959 (62 of 1959), section 11 (with effect from 16-1-1960). [(1) 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 ay 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 or the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time nd in such manner as he may specify in the notice.
(1A) 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), he Chief Inspector or the Inspector, as the case may be, may, by order in riting addressed to the owner, agent or manager of a mine, prohibit the xtraction 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 f pillars or blocks of minerals or the premature collapse of any part of the working or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the utbreak 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, 3 (b) [b] Substituted for the words "until the danger is removed", the Mines (Amendment) Act, 1959 (62 of 1959), (42 of 1983), section 15 (31-5-84). [until he as 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. 3 (c) [c] Inserted the Mines (Amendment) Act, 1959 (62 of 1959), (42 of 1983), section 15 . [(3A) Every person whose employment is prohibited under sub-section (1A) 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 provided 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 (1A), 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 (1A), sub-section (2) or sub-section (3) and the Chief Inspector making an order (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 Inspector under sub- section (1A) 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 taling the grounds thereof to the Central Government 3 (d) [d] Substituted for the words "which shall refer", the Mines (Amendment) Act, 1959 (62 of 1959), (42 of 1983), section 15 . [which shall, ordinarily within a period of two months from the date of receipt of the objection, refer] the same to a Committee.
(7) Every notice under sub-section (1), or order under sub-section (1A), 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 anager, suspend the operation of a 3 (e) [e] Substituted for the word "requisition", the Mines (Amendment) Act, 1959 (62 of 1959), (42 of 1983), section 15 . [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.]