Annual Report,2009 - Directorate General of Mines Safety

DGMS Annual Report, 2009
It has come to the notice of the undersigned that whenever Technical officers of this
Directorate attend court for adducing evidences, in most of the cases it has been
noticed that they do not carry either certified copies of the Gazette Notifications
pertaining to their appointment as the Inspector and general authorizations issued
under Sec. 75 of the Mines Act 1952 or original Gazettes for inspection of the courts.
The non-submission/filling of the gazette notifications goes against Prosecutions (us)
and accused are benefited.
It is therefore, advised to ensure that whenever any Technical officer of this
Directorate being I.O./Complainant or companion Inspector (s) witness of the case
attend court for adducing evidence, they must carry either the certified copies of the
aforesaid notifications for its filing or original Gazettes for inspection of the Courts to
prove their stand beyond any reasonable shadow of doubts.
It is further advised that the copies of the Gazette may also be enclosed along with the
compliant petition at the time of its filing as well as entire contents of the Gazette as
notified in the Gazette of India pertaining to (a) the appointment of Inspector of
Mines/Electrical Inspector must be reproduced in toto in item No. 5.0 under heading
particulars and nature of offence of compliant petition in the following manner :-
“On receiving information about the occurrence of fatal accident of
………………….. Colliery of M/s ………………………………. On
…………………. Sri ……………….. DDMS/Director of Mines Safety also an
Inspector of Mines under Section-5(1) of the Mines Act, 1952, or Electrical Inspector
under Sec. of the Electricity Act, 2003 (whichever is applicable) as notified in the
Gazette of India, which is reproduced herein under (Insert the entire contents of
notifications) made an inspection and enquiry on ……………… to find out the cause
and circumstances leading to the said accident and
(b) Under Item No. VIII, which will say “The compliant is authorized by the Chief
Inspector of Mines under Sec. 75 of the Mines Act, 1952 to Institute prosecution on
his behalf vide Gazette notification No.Law/G-22/07/736, dated 29 th August, 2007
published in the Gazette of India, Part III, Sec. 1, dated 15 th September, 2007, which
reads – I
…………………………………………………………………………………………
……
…………………………………………………………………………………………
….. as declared under Sub-Section (3) of Section 6 of the said Act
Sd/
Chief Inspector of
Mines
And Director
General of
Mines Safety.
It may please by ensured that the above guidelines, whichever is applicable, in the
particular case, are complied strictly while filling and attending the case in courts.
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