Section 5 - Chief Inspector and Inspectors
(1) The Central Government may, by notification in the Official Gazette, appoint
such a person as possesses the prescribed qualifications to be Chief Inspector of
Mines for all the territories to which this Act extends and such persons as possess
the prescribed qualifications to be Inspectors of Mines subordinate to the Chief
Inspector.
(2) No person shall be appointed to the Chief Inspector or an Inspector, or having
been appointed shall continue to hold such office, who is or becomes directly or
indirectly interested in any mine or mining rights in India.
(3) The district magistrate may exercise the powers and perform the duties of an
Inspector subject to the general or special orders1 of the Central Government:
Provided that nothing in this sub-section shall be deemed to empower a
district magistrate to exercise of the powers conferred by 2 [section 22 or
section 22A) or section 61.
(4) The Chief Inspector and all Inspectors shall be deemed to be public servants
within the meaning of the Indian Penal Code (45 of 1860).
Section 6 - Functions of Inspectors
[6. Functions of Inspectors
(1) The Chief Inspector may, with the approval of the Central Government and subject to
such restrictions or conditions as he may think fit to impose, by order in writing,
authorise any Inspector named or any class or Inspectors specified in the order to
exercise such of the powers of the Chief Inspector under this Act (other than those
relating to appeals) as he may specify.
(2) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any
Inspector named or any class of Inspector specified in the order of any power conferred
on Inspectors under this Act.
(3) Subject to the other provisions contained in this section, the Chief Inspector shall
declare the local area or areas within which or the group or class of mines with respect
to which Inspectors shall exercise their respective powers.]
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1. Substituted by Act 62 of 1959, section 4, for section 6 (w.e.f. 16-1-1960).
Section 7 - Powers of Inspectors of Mines
(1) The Chief Inspector and any Inspector may-(a) makesuch examination and inquiry as he thinks fit in order to ascertain
whether theprovisions of this Act and of the regulations, rules and bye-laws
and of anyorders made thereunder are observed in the case of any mine;
Providedthat the power conferred by this clause shall not be exercised in
such a manneras unreasonably to impede or obstruct the working of the
mine;
(d)exercise such other powers as may be prescribed by regulations made by
theCentral Government in this behalf:
(2) TheChief Inspector and any Inspector may, if he has reason to believe, as a resultof
any inspection, examination or inquiry under this section, that an offenceunder this Act
has been or is being committed, search any place and takepossession 1 [of any material
or anyplan, section register or other record] appertaining to the mine, and theprovisions
of the 2 [Code ofCriminal Procedure, 1973 (2 of 1974)] shall, so far as may be applicable
applyto any search or seizure under this Act as they apply to any search or seizuremade
under the authority of a warrant issued under 2 [section 94] of that Code.
Section 8 - Powers of Special Officer to enter, measure, etc.
Any person in the service of the Governmentduly authorised in this behalf by a
special order in writing of the ChiefInspector or of an Inspector may, for the
purpose of surveying, leveling ormeasuring any mine 1 [or any outputthere from],
after giving not less than three days' notice to the manager ofsuch mine, enter
the mine and may survey, level or measure the mine or any partthereof 1 [or any
output therefrom]at any time by day or night:
Providedthat, where in the opinion of the Chief Inspector or of an Inspector
anemergency exists, he may, by order in writing, authorise any such person toenter the
mine for any of the aforesaid purposes without giving any suchnotice.
Section 9 - Facilities to be afforded to Inspectors
Every owner, agent and manager of a mine shall afford the Chief Inspector and
every Inspector and every person authorised under section 8 all reasonable
facilities for making any entry, inspection, survey, measurement, examination or
inquiry under this Act.
Section 9A - Facilities to be provided for occupational health survey
[9A.Facilities to be provided for occupational health survey
(1) The ChiefInspector or an Inspector or other officer authorised by him in
writing in thisbehalf may, at any time during the normal working hours of the
mine or at anytime by day or night as may be necessary, undertake safety and
occupationalhealth survey in a mine after giving notice in writing to the manager
of themine and the owner, agent or manager of the mine shall afford all
necessaryfacilities (including facilities for the examination and testing of plant
andmachinery, for the collection of samples and other data pertaining to
thesurvey and for the transport and examination of any person employed in the
minechosen for the survey) to such Inspector or officer.
(2) Every person employed in amine who is chosen for examination in any safety
and occupational health surveyunder sub-section (1) shall present himself for
such examination and at suchplace as may be necessary and shall furnish all
information regarding his workand health in connection with the said survey.
(3) Thetime spent by any person employed in a mine who is chosen for
examination inthe safety and occupational health survey, shall be counted
towards his workingtime, so however that any overtime shall be paid at the
ordinary rate of wages.
(4) Anyperson who. on examination under sub-section (2), is found medically
unfit todischarge the duty which he was discharging in a mine immediately before
suchpresentation shall be entitiled to undergo medical treatment at the cost of
theowner, agent and manager with full wages during the period of such
treatment.
Providedthat where no such alternative employment is immediately available,
such personshall be paid by the owner, agent and manager disability
allowance determinedin accordance with the rates prescribed in this behalf :
(6) Therates under the provisos to sub-section (5) shall be determined having regardto
the monthly wages of the employees, the nature of disabilities and otherrelated factors.
Section 10 - Secrecy of information obtained
(1) All copies of, and extracts from, registers or other recordsappertaining to any
mine and all other information acquired by the Chief Inspectoror an Inspector or
by any one assisting him, in the course of the inspection 1 [or survey] of any mine
under this Act oracquired by any person authorised under section 8 1 [orsection 9
A] in the exercise of his duties there under, shall be regarded asconfidential and
shall not be disclosed to any person or authority unless theChief Inspector or the
Inspector considers disclosure necessary to ensure thehealth, safety or welfare of
any person employed in the mine or in any othermine adjacent thereto.
(2)Nothing in sub-section (1) shall apply to the disclosure of any suchinformation
(if so required) to-[(b) a Committee or Court of Inquiry constituted orappointed under section
12 or section 24, as the case may be;]
2
(c) anofficial superior or the owner, agent or manager of the mine concerned;
3
[(e) the Controller, Indian Bureau of Mines;
(f) anyregistered or recognised trade union;
(3) Ifthe Chief Inspector, or an Inspector or any other person referred to insubsection(1) discloses, contrary to the provisions of this section, any
suchinformation as aforesaid without the consent of the Central Government,
heshall be punishable with imprisonment for a term which may extend to one
year,or with fine, or with both.
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1.Inserted by Act 42 of 1983, section 8, (w.e.f. 31-5-1984).
2.Substituted by Act 42 of 1983, section 8, for clause (b) (w.e.f. 31-5-1984).
3.Substituted by Act 42 of 1983, section 8, for clause (e) (w.e.f. 31-5-1984).
Section 11 - Certifying surgeons
(1) The Central Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of this Act within such local limits or for such
mine or class or description of mines as it may assign to them respectively.
(2) Subject to such conditions as the Central Government may think fit to impose,
a certifying surgeon may, with the approval of the Central Government, authorise
any qualified medical practitioner to exercise all or any of his powers under this
Act for such period as the certifying surgeon may specify, and references to a
certifying surgeon shall be deemed to include references to any qualified medical
practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers of, a
certifying surgeon, or, having been so appointed or authorised, continue to
exercise such powers, who is or becomes the owner, agent or manager of a mine,
or is or becomes directly or indirectly interested therein, or in any process of
business carried on therein or in any patent or machinery connected therewith, or
is otherwise in the employment of the mine.
(4) The certifying surgeon shall carry out such duties as may be prescribed in
connection with-1
[***]
(b) the examination of persons engaged in a mine in such dangerous
occupations or processes as may be prescribed;
(c) the exercise of such medical supervision as may be prescribed for any
mine or class or description of mines where-(i) cases of illness have occurred which it is reasonable to believe are due
to the nature of any process carried on or other conditions of work
prevailing in the mine;
2
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1. Clause (a) omitted by Act 42 of 1983, section 9 (w.e.f. 31-5-1984).
2. Sub-Clause (ii) omitted by Act 42 of 1983, section 9 (w.e.f. 31-5-1984).
