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

(3) Where under the provisions of sub-regulation (2) a person holding a First or Second Class Manager’s
Certificate has been appointed as manager, a person holding lower qualifications shall not, except with the
previous permission in writing of the Chief Inspector and subject to such conditions as he may specify
therein, be so appointed during the succeeding twelve months, notwithstanding any reduction in the
average output of the mine.
(4) No person shall act, or be appointed, as manager of more than one mine except with the previous
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. No
such permission shall have effect for a period exceeding 12 months, unless renewed. The Chief Inspector
may at any time, by an order in writing, vary or revoke any such permission in the circumstances under
which the permission was granted have altered or the Chief Inspector finds that the manager has not been
able to exercise effective supervision in the mines under his charge.
(5)(a) The Chief Inspector may, after holding such examination as he may deem necessary and subject to
such conditions as he may specify therein grant to any person holding a Forman’s Certificate, a permit (in
these regulations referred to as Manager’s Permit) authorised such person to act as the manager of any
specified mine, the average employment of which does not exceed 75 in workings below ground or 150 in
all in the mine.
(b) A Manager’s Permit shall be valid only for such period, not exceeding 12 months as may be specified
therein. The Chief Inspector may renew any Manager’s Permit for further periods not exceeding 12
months at a time.
(c) A fee of Rs.10 shall be payable in respect of every application for the grant of a Manager’s Permit. No
fee shall be charged for renewal thereof.
(d) The Chief Inspector may, by an order in writing, after giving the holder of such permit an opportunity
to make his representation, cancel a Manager’s Permit.
(6) The Chief Inspector may, by an order in writing, and subject to such conditions as he may specify
therein, authorise any person whom he considers competent, being appointed to act as manager of any mine
or mines for a specified period, notwithstanding that such person does not possess the qualifications
prescribed in that behalf by sub-regulation (2); and may by a like order revoke any such authority at any
time.
(7)(a) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal
supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder,
the owner, agent or manager shall authorise in writing a person whom he considers competent to act as
manager of the mine:
Provided that –
(i)
(ii)
(iii)
(iv)
such person holds a Manager’s or Forman’s Certificate;
no such authorisation shall have effect for a period in excess of 30 days, except with the previous
consent in writing of the Chief Inspector and subject to such conditions as he may specify therein;
nor without a like consent shall a second authorization be made to take effect upon the expiry of
the first. The Chief Inspector shall not permit any such authorisation to extend over a period
exceeding 60 days unless the persons holds such qualifications specified in sub-regulation (2);
the owner, agent or manager, as the case may be, shall forthwith send by registered post to the
Chief Inspector and the Regional Inspector a written notice intimating that such an authorisatio n
has been made, and stating the reason for the authorisation, the qualifications and experience of
the person authorised, and the date of the commencement and ending of the authorisation; and
the Chief Inspector or the Regional Inspector may, except in the case of a persons possessing the
qualifications specified in sub-regulation (2), by an order in writing, revoke any authority so
granted.