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Union of India - Section

Section 24 in The Coal Mines Regulations, 2017

24. Suspension or cancellation of Manager's Certificate, Surveyor's Certificate, Overman's Certificate, Sirdar's Certificate, Engine Driver's Certificate or Gas Testing Certificate.

(1)If on the basis of a report of the Inspector, the Regional Inspector is of the opinion that the holder of a Manager's Certificate, Surveyor's Certificate, Overman's Certificate, Sirdar's Certificate, Engine Driver's Certificate or Gas Testing Certificate is incompetent or is guilty of negligence or misconduct in the performance of his duties under the Act or under these regulations, he shall bring the matter to the notice of the Board.
(2)The Board may, on the report of the Regional Inspector under sub-regulation (1), authorise an Inspector, not below the rank of the Inspector whose report formed the basis of the said opinion, to hold an enquiry in accordance with the procedure laid down in bye-laws, to determine whether or not such a person (hereinafter referred to as the delinquent) is fit to continue to hold such certificate.Provided that the Board shall, before the enquiry, furnish to the delinquent a statement of the case on which the enquiry is instituted.
(3)The Inspector who conducted the enquiry shall, within fifteen days from the date of conclusion of his enquiry, send a report to the Board together with his findings, the notes of evidence recorded during the enquiry and other relevant records.
(4)Copies of the notes of evidence and the findings of the Inspector who conducted the enquiry shall also be sent to the delinquent who may submit his written representation to the Board within thirty days from the date of dispatch of such copies.
(5)The Board may, after considering the evidence and other records and the written representation, if any, submitted by the delinquent, either cause further enquiry to be made in the case and thereupon or otherwise, either exonerate the delinquent of the charges against him or suspend or cancel the certificate, as it deems fit.
(6)An appeal shall lie against any order of the Board under this regulation before the Central Government within thirty days of such order.
(7)Where a certificate is suspended or cancelled under this regulation suitable endorsement may be made on such certificate or a duplicate thereof issued under regulation 22.