(1)No person shall be appointed as a competent person under regulations 33, 75, 99, sub-regulations (14) and (15) of regulation 137, clause (a) of sub-regulation (4) of regulation 138, sub-regulation (6) of regulation 139, sub-regulations (7) and (8) of regulation 142, sub-regulation (9) of regulation 150, sub-regulation (12) of regulation 159, sub-regulation (3) of regulation 161, sub-regulation (2) of regulation 165, regulations 167, 169 and 195, unless he is the holder of either an Overman's Certificate or a Manager's Certificate.(2)No person shall be appointed as a competent person under regulations 129, 130, sub-regulation (6) of regulation 135, sub-regulation (7) of regulation 136, regulation 147, sub-regulation (1) of regulation 165 and regulation 166 unless he is the holder of either a Manager's Certificate or Overman's Certificate or a Sirdar's Certificate together with a gas testing certificate:Provided that, so much of this regulation as requires a person holding a Manager's Certificate or Overman's Certificate or a Sirdar's Certificate to hold gas testing certificate also shall not apply to, persons employed aboveground, or in opencast working, or competent person under sub-regulation (6) of regulation 135.(3)In case of mines having opencast workings only, nothing in sub-regulations (1) and (2) shall prohibit the appointment under regulations 33, 129, 130, sub-regulation (6) of regulation 135, clause (a) of sub-regulation (4) of regulation 138, sub-regulation (6) of regulation 139 and regulation 195 of a person holding, as the case may be, a Sirdar's Certificate, Overman's Certificate or Manager's Certificate restricted to mines having opencast workings only.(4)Notwithstanding anything contained in sub-regulation (2), the Chief Inspector may, where special conditions exist, permit or require appointment of any person, not necessarily holding either a Manager's Certificate or Overman's Certificate or a Sirdar's Certificate as a competent person under regulation 130, if such person possess otherwise a suitable qualification and experience for effective supervision of the working places.
