Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 27 in The Coal Mines Regulations, 2017

27. Qualification and appointment of manager.

(1)No mine shall be opened, worked or re-opened unless there is a manager of the mine, being a person duly appointed and having such qualifications as required under this regulation.
(2)No person shall act or be employed as a manager unless he has attained 23 years of age and is paid by, and is directly answerable to the owner or agent of the mine.
(3)Subject to the provisions of sub-regulation (4), no person shall act or continue to act, or be appointed, as manager of a mine or mines the average output of which corresponds to the figures given in column (i) of the table below unless he holds the corresponding qualifications given in column (ii) thereof:
(i) (ii)
For belowground mines:(a) In excess of 2,500tonnes per month(b) Not exceeding 2,500 tonnes per month. A First Class Manager'sCertificate not restricted to opencast mines only.A First Class Manager's Certificate or Second ClassManager's Certificate not restricted to opencast mines only.
For opencast mines:(c) In excess of 20,000cubic metre per months of material handled(d) Not exceeding 20,000 cubic metre materialhandled per month A First Class Manager'sCertificate.A First Class Manager's Certificate or Second ClassManager's Certificate:
Provided that in respect of a mine having both opencast and underground workings, a person holding First Class Manager's Certificate not restricted to opencast mines shall only be appointed as the manager of the mine irrespective of production:Provided further that where special conditions exist, the Chief Inspector may, by an order in writing, permit appointment of manager in a mine in variance with the above.
(4)Where under the provisions of sub-regulation (3) a person holding a First Class Manager's Certificate 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.
(5)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:Provided that no such permission shall have effect for a period exceeding twelve months, unless renewed:Provided further that the Chief Inspector may at any time, by an order in writing, vary or revoke any such permission if 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.
(6)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)such person holds a Manager's Certificate;
(ii)no such authorisation shall have effect for a period in excess of thirty days, except with the previous consent in writing of the Chief Inspector and subject to such conditions as he may specify therein;
(iii)the owner, agent or manager, as the case may be, shall forthwith send by registered post, speed post or fax to the Regional Inspector a written notice intimating that such an authorisation 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
(iv)the Chief Inspector or the Regional Inspector may, except in the case of a person possessing the qualifications specified in sub-regulation (3), by an order in writing, revoke any authority so granted.
(7)The persons so authorised to act as manager under sub-regulation (6) shall, during the period of such authorisation, have the same responsibilities, discharge the same duties, and be subject to the same liabilities as the manager.
(8)No manager shall vacate his office without giving due notice in writing to the owner or agent at least thirty days before the day on which he wishes to vacate his office: Provided that the owner or agent may permit the manager to vacate his office after giving a shorter notice.
(9)No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved by a duly qualified person as specified under sub-regulation (3).
(10)Nothing in sub-regulation (6)shall confer on the owner, agent or manager the right to authorise any person not duly qualified to manage the mine under sub-regulation (3) to act as the manager except in case of illness or other cause over which the manager has no control, or except with the previous written permission of the Chief Inspector and subject to such conditions as he may specify therein:Provided that the Chief Inspector shall not permit any such authorisation for a period exceeding sixty days from the date on which the mine is worked without a manager duly qualified under sub-regulation (3).
(11)The owner or agent shall provide suitable residential accommodation for the manager and the assistant manager within a distance of five kilometers from all mine openings, and every manager, and assistant manager shall reside in the accommodation so provided:Provided that where special difficulties exist which render compliance with these provisions not reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein, grant exemption from the same.
(12)No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any work, which may necessitate his frequent or prolonged absence from the mine.
(13)If any doubt arises as to any matter under sub-regulation (11) or sub-regulation (12), it shall be referred to the Chief Inspector for decision.
(14)Except as hereinafter provided in sub-regulation (5), no manager shall act as manager or in any other capacity in another mine.