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

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Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he<br />

may specify therein, permit or require the appointment <strong>of</strong> assistant managers or underground managers in<br />

variation with these provisions.<br />

NOTE. – For the purpose <strong>of</strong> this regulation, the expression “assistant manger or underground manager”<br />

shall include persons such as safety <strong>of</strong>ficers who hold equivalent qualifications.<br />

36. Appointment <strong>of</strong> engineers – (1) At every mine where machinery is used, an engineer or other<br />

competent person not less than 23 years <strong>of</strong> age shall be appointed to hold general charge <strong>of</strong> such<br />

machinery, and to be responsible for its installation, maintenance and safe working.<br />

Provided that nothing in this sub-regulation shall be deemed to ;prohibit the employment <strong>of</strong> two or<br />

more engineers or competent persons at one mine so long as the jurisdiction and sphere <strong>of</strong> responsibility <strong>of</strong><br />

every such engineer or competent person is defined by the manager in his letter <strong>of</strong> appointment :<br />

Provided further that after such date as the Central Government may notify in this behalf in the Official<br />

Gazette, no person (unless he holds 1[a degree or diploma in mechanical engineering or equivalent<br />

qualification] approved for the purpose by the Central Government) shall, except with the previous<br />

permission in writing <strong>of</strong> the Chief Inspector and subject to such conditions as he may specify therein, be<br />

appointed in an open cast mine worked by heavy earth-moving machinery in which the aggregate h.p. <strong>of</strong> all<br />

the machinery used exceeds 750, or in any other mine in which the aggregate h.p. <strong>of</strong> all the machinery used<br />

exceeds 250.or shall continue to act as an engineer or competent person as<br />

(2) A notice <strong>of</strong> every such appointment, giving the name and full particulars <strong>of</strong> the qualifications and<br />

experience <strong>of</strong> the person so appointed, shall be sent to the Regional Inspector within seven days <strong>of</strong><br />

such appointment :<br />

(3) No person shall undertake the duties <strong>of</strong> an engineer <strong>of</strong> more than one mine without the previous<br />

permission in writing <strong>of</strong> the Regional Inspector and subject to such conditions as he may specify therein.<br />

The Regional Inspector may at any time, by an order in writing, vary or revoke such permission.<br />

(4)Where by reason <strong>of</strong> temporary absence by any cause, the engineer, or competent person appointed under<br />

sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he<br />

considers competent to act in his place:<br />

Provided that –<br />

(a) notice <strong>of</strong> every such authorisation shall be sent to the Regional Inspector forthwith;<br />

(b) no such authorisation shall have effect for a period in excess <strong>of</strong> 30 days except with the previous<br />

written consent <strong>of</strong> the Regional Inspector and subject to such conditions as he may specify therein; and<br />

(c) the Regional Inspector may by an order in writing, revoke any authority so granted.<br />

37. Appointment and qualifications <strong>of</strong> senior <strong>of</strong>ficials – (1)(a) At every mine, one or more overman shall<br />

be appointed to hold charge <strong>of</strong> the different districts <strong>of</strong> the mine on each working shift.<br />

(b) The mine or district assigned to a Forman shall not be <strong>of</strong> such a size, nor shall any additional duties<br />

other than his duties under thes e regulations be such, as are likely to prevent him from carrying out in a<br />

thorough manner the duties prescribed for him under these regulations and in case any doubt arises as to the<br />

foregoing duties it shall be referred to the Chief Inspector for decision.<br />

(2) Every person employed under sub-regulation (1) (a) as an <strong>of</strong>ficial subordinate to the manager or to an<br />

assistant manager or underground manager and superior to the Mining Mate shall hold either a Manager’s<br />

Certificate or an Forman’s Certificate.<br />

38. Appointment <strong>of</strong> surveyors – (1) At every mine having workings belowground and at such other mines<br />

or classes <strong>of</strong> mines as may be notified from time to time by the Central Government a person not less than

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