Section Text
(1)If, in respect of any matter for which no express provision is made by or underthis Act, it appears to the Chief Inspector or an Inspector that any mine orpart thereof or any matter, thing or practice in or connected with the mine, orwith the control supervision, management or direction thereof, is dangerous tohuman life or safety or defective so as to threaten or tend to, the bodilyinjury of any person, he may give notice in writing thereof to the owner, agentor manager of the mine and shall state in the notice the particulars in respectof which he considers the mine or part thereof or the matter, thing or practiceto be dangerous or defective and require the same to be remedied within suchtime and 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 anotice given under sub-section (1) within the period specified therein, theChief 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 personwhose employment is not in his opinion reasonably necessary for securingcompliance with the terms of the notice.
(2)Without prejudice to the provisions contained in sub-section (1) the ChiefInspector or the Inspector, as the case may be, may, by order in writingaddressed to the owner, agent or manager of a mine, prohibit the extraction orreduction of pillars or blocks of minerals in any mine or part thereof, if, inhis opinion, such operation is likely to cause the crushing of pillars or blocksof minerals or the premature collapse of any part of the working or otherwiseendanger the mine or the life or safety of persons employed therein or if, inhis opinion, adequate provision against the outbreak of fire or flooding has notbeen made by providing for the sealing of and isolation of the part of the minein which such operation is contemplated and for restricting the area that mightbe affected by fire or flooding.
(3)If the Chief Inspector, or an Inspector authorised in this behalf by general orspecial order in writing by the Chief Inspector, is of opinion that there isurgent and immediate danger to the life or safety of, any person employed in anymine or part thereof, he may, by order in writing containing a statement of thegrounds of his opinion, prohibit 1 [untilhe is satisfied that the danger is removed,] the employment in or about the mineor any part thereof of any person whose employment is not in his opinionreasonably necessary for the purpose of removing the danger.
2 [(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 wouldhave been, but for the prohibition in employment and the owner, agent or managershall be liable for payment of such full wages of that person:
Providedthat the owner, agent or manager may instead of paying such full wages providesuch person with an Alternative employment at the same wages which such personwas 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 ormanager of the mine may, within ten days after the receipt of the notice ororder, as the case may be, appeal against the same to the Chief Inspector whomay confirm, modify or cancel the notice or order.
(5)The Chief Inspector or the Inspector sending a notice under sub-section (1) ormaking order under sub-section (1A), sub-section (2) or sub-section (3) and theChief Inspector making order (other than an order of cancellation in appeal) undersub-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, withintwenty days after the receipt of the notice containing the requisition or of theorder or after the date of the decision on appeal, as the case may be, send hisobjection in writing stating the grounds thereof to the Central Government 3 [whichshall, ordinarily within a period of two months from the date of receipt of theobjection, 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 undersub-section (6), shall be complied with, pending the receipt at the mine of thedecision of the Committee:
Providedthat the Committee may, on the application of the owner, agent or manager,suspend the operation of a 4 [notice]under sub-section (1), pending its decision on the objection.
(8)Nothing in this section shall affect the powers of a magistrate under section144 of the Code of Criminal Procedure, 1898 (5 of 1898)].
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1.Substituted by Act 42 of 1983, section 15 "until the danger isremoved" (w.e.f. 31-5-1984).
2.Inserted by Act 42 of 1983, section 15 (w.e.f. 31-5-1984).
3.Substituted by Act 42 of 1983, section 15, for "which shall refer" (w.e.f.31-5-1984).
4.Substituted by Act 42 of 1983, section 15, for "requisition" (w.e.f.31-5-1984).