mining operations and management of mines

MINING OPERATIONS AND MANAGEMENT OF MINES
16. Notice to be given of mining operations –
(1) The owner, agent or manager of a mine shall, before the commencement of any
mining operation, give to the Chief Inspector, the [Controller,] Indian Bureau of Mines
and the District Magistrate of the district in which the mine is situated, notice in writing
in such form and containing such particulars relating to the mine, as may be
prescribed.
(2) Any notice given under sub-section (1) shall be so given as to reach the persons
concerned at least one month before the commencement of any noting operation.
17. (1) Managers- Save as may be otherwise prescribed, every mine shall be under a sole
manager who shall have the prescribed qualifications and the owner or agent of every
mine shall appoint a person having such qualifications to be the manager:
Provi ded that the owner or agent may appoint himself as manager if he possesses the
prescribed qualifications.
(2) Subject to any instruction given to him by or on behalf of the owner or agent of the
mine, the manager shall be responsible for the overall management, control, supervision
and direction of the mine and all such instructions when given by the owner or agent shall
be confirmed in writing forthwith.
(3) Except in case of an emergency, the owner or agent of a mine or anyone on his
behalf shall not give otherwise than through the manager, instructions affecting the
fulfilment of his statutory duties, to a persons, empooyed in a mine, who is responsible to
the manager.
18. Duties and responsibilities of owners, agents and managers :-
(1) the owner and agent of every mine shall each be responsible for making financial
and other provisions and for taking such other steps as may be necessary for
compliance with the provisions of this Act and the regulations, rules, bye-laws and
orders made thereunder.
(2) The responsibility in respect of matters provided for in the rules made under clauses
(d), (e) and (p) of section 58 shall be exclusively carried out by the owner and agent
of the mine and by such person ( other than the manager) whom the owner or agent
may appoint for securing compliance with the aforesaid provisions.
(3) If the carrying out of any instructions given under sub-section (2) or given otherwise
than through the manager under sub-section(3) of section 17 results in the
contravention of the provisions of this Act or of the regulations, rules, bye-laws or
orders made thereunder, every person giving such instructions shall also be liable for
the contravention of the provision concerned.
(4) Subject to the provisions of sub-sections(1), (2) and (3) the owner, agent and
manager of every mine shall each be responsible to see that all operations carried on
in connection with the mine are conducted in accordance with the provisions of this
Act and of the regulations, rules, bye-laws and orders made thereunder.
(5) In the event of any contravention by any person whosoever of any of the provisions
of this Act or of the regulations; rules, bye-laws or orders made thereunder except
those which specifically require any person to do any act or thing, or prohibit any
person from doing an act or thing, besides the person who contravenes, each of the
following persons shall also be deemed to be guilty of such contravention unless he
proves that he had used bue diligence to secure compliance with the provisions and
had taken reasonable means to prevent such contravention: