Metalliferous Mines Regulations, 1961 - Directorate General of ...
Metalliferous Mines Regulations, 1961 - Directorate General of ... 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
material objects; and any person required as aforesaid to attend or to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code, 1860 (45 of 1860). (i) The Court, for the purpose of the inquiry, may exercise such of the powers of an Inspector under the Act as it may think necessary or expedient. (j) The Court shall, subject to the foregoing, have powers to regulate the procedure of the inquiry and to adjourn it from time to time. (k) A person appearing as a witness before the Court may be paid by the Central Government such expenses as would be allowed to a witness attending a civil or criminal court. (l) As the conclusion of the inquiry, the Court shall send to the Central Government a report containing a full statement of the case together with its opinion thereon, note of dissent, if any, submitted by the assessor or assessors and such account of or extracts from, the evidence as it may think fit; and if it considers that the certificate in question should be cancelled of suspended, it shall add a recommendation to the effect. Where the Court consists of more than one person, knot including the assessors(s), and there is disagreement between the members of the Court, a dissentient from the opinion of the majority may forward a separate report to the Central Government with a statement of his recommendations. (3) The Central Government may, on the recommendation of the Court, cancel or suspend a certificate; and if it does so the fact of such cancellation or suspension shall be notified in the Official Gazette and if the certificate or a duplicate thereof granted under regulation 26, is produced, be endorsed upon it. 1[29. Suspensionof Certificate of Foreman, Mate, Engine driver, Blaster or Gas testing. – (1) If the Regional Inspector is of the opinion that the holder of a certificate of Foreman, Mate, Engine-driver, Blaster or Gas testing is incompetent or is guilty of negligence or misconduct in the performance of his duties, he may hold an enquiry to determine whether or not such a person (hereinafter referred to as the delinquent) is to continue to hold such certificate. (2) During such enquiry he shall record, - (a) any evidence that the delinquent may like to give; (b) the evidence of any witness that the delinquent may like to produce; (c) the evidence of the Manager of the mine; and (d) any other evidence that may be considered necessary or relevant by the Regional Inspector. Unless the delinquent fails to be present inspite of sufficient notice, the evidence aforesaid shall be recorded in the presence of the delinquent and he shall be given
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material objects; and any person required as aforesaid to attend or to<br />
furnish any information shall be deemed to be legally bound to do so<br />
within the meaning <strong>of</strong> section 176 <strong>of</strong> the Indian Penal Code, 1860 (45<br />
<strong>of</strong> 1860).<br />
(i) The Court, for the purpose <strong>of</strong> the inquiry, may exercise such <strong>of</strong> the<br />
powers <strong>of</strong> an Inspector under the Act as it may think necessary or<br />
expedient.<br />
(j) The Court shall, subject to the foregoing, have powers to regulate the<br />
procedure <strong>of</strong> the inquiry and to adjourn it from time to time.<br />
(k) A person appearing as a witness before the Court may be paid by the<br />
Central Government such expenses as would be allowed to a witness<br />
attending a civil or criminal court.<br />
(l) As the conclusion <strong>of</strong> the inquiry, the Court shall send to the Central<br />
Government a report containing a full statement <strong>of</strong> the case together<br />
with its opinion thereon, note <strong>of</strong> dissent, if any, submitted by the<br />
assessor or assessors and such account <strong>of</strong> or extracts from, the<br />
evidence as it may think fit; and if it considers that the certificate in<br />
question should be cancelled <strong>of</strong> suspended, it shall add a<br />
recommendation to the effect. Where the Court consists <strong>of</strong> more than<br />
one person, knot including the assessors(s), and there is disagreement<br />
between the members <strong>of</strong> the Court, a dissentient from the opinion <strong>of</strong><br />
the majority may forward a separate report to the Central Government<br />
with a statement <strong>of</strong> his recommendations.<br />
(3) The Central Government may, on the recommendation <strong>of</strong> the Court, cancel or<br />
suspend a certificate; and if it does so the fact <strong>of</strong> such cancellation or suspension<br />
shall be notified in the Official Gazette and if the certificate or a duplicate there<strong>of</strong><br />
granted under regulation 26, is produced, be endorsed upon it.<br />
1[29. Suspension<strong>of</strong> Certificate <strong>of</strong> Foreman, Mate, Engine driver, Blaster or Gas testing. –<br />
(1) If the Regional Inspector is <strong>of</strong> the opinion that the holder <strong>of</strong> a certificate <strong>of</strong><br />
Foreman, Mate, Engine-driver, Blaster or Gas testing is incompetent or is<br />
guilty <strong>of</strong> negligence or misconduct in the performance <strong>of</strong> his duties, he may<br />
hold an enquiry to determine whether or not such a person (hereinafter<br />
referred to as the delinquent) is to continue to hold such certificate.<br />
(2) During such enquiry he shall record, -<br />
(a) any evidence that the delinquent may like to give;<br />
(b) the evidence <strong>of</strong> any witness that the delinquent may like to produce;<br />
(c) the evidence <strong>of</strong> the Manager <strong>of</strong> the mine; and<br />
(d) any other evidence that may be considered necessary or relevant by the<br />
Regional Inspector.<br />
Unless the delinquent fails to be present inspite <strong>of</strong> sufficient notice, the evidence<br />
aforesaid shall be recorded in the presence <strong>of</strong> the delinquent and he shall be given
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