Metalliferous Mines Regulations, 1961 - Directorate General of ...

27. Certificates to be delivered to the manager. – When the holder of a Foreman’s,
Mate’s, Engine-driver’s, Blaster’s or Gas-testing certificate is employed in a mine in a
capacity which requires the possession of the said certificate, he shall deliver such
certificate to the manager of the mine in which he is for the time being employed. The
manager shall deliver to him a receipt for the same; and shall retain the certificate in the
office at the mine so long as the holder thereof is so employed, and shall return it to him
on his ceasing to be so employed.
28. Court of Enquiry into fitness of a person to hold a Manager’s or Surveyor’s
Certificate. –(1) If a person who is the holder of a Manager’s or Surveyor’s Certificate,
has been convicted of an offence made punishable under the Act with fine which may
extent to RS. 500 or more or with imprisonment, or if it appears to the Central
Government that he is unfit to continue to hold such a certificate by reason of
incompetence or misconduct in the performance of his duties under the Act of under
these regulations, the Central Government may appoint a Court to hold an inquiry to
determine as to whether or not such person is fit to continue to hold such certificate.
(2) The following provision shall have effect with respect to the constitution and
procedure of the Court holding an enquiry :-
(a) The court shall consist of a person or persons appointed by the Central
Government and may conduct the inquiry either alone or with the
assistance of an assessor or assessors so appointed.
(b) The Central Government may pay to the person or persons constituting
the Court and to any assessor appointed to assist the Court, such
remuneration and allowances as it may fix.
(c) The inquiry shall be public and shall be held at such place as the
Central Government may appoint.
(d) The central Government may appoint any person to undertake the
management of the case.
(e) The Central Government shall, before the beginning of the inquiry,
furnish to the person whose fitness to continue to hold a certificate to
be inquired into, a statement of the case on which the inquiry is
instituted.
(f) The said person may appear at the inquiry either in person or by
counsel, solicitor or agent approved by the Court, and may give
evidence or call such witnesses as he thinks fit.
(g) If a majority of the persons constituting the Court thinks fit, the person
whose conduct is under inquiry may be required to deliver up his
certificate at any time before or during the inquiry; and such person
shall be bound to comply with such requisition, unless he shows to the
satisfaction of theCourt sufficient cause to the contrary.
(h) The Court shall, for the purpose of the inquiry, have all the powers of a
civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the
purpose of enforcing the attendance of witnesses and compelling the
production of registers, plans, sections, reports and other records and