Sunday 22 March 2020

Who are Inspectors and Chief Inspectors under the Mines Act 1952? Meaning and Definition, Appointment, Differences, Functions, Powers

Who are Inspectors and Chief Inspectors under the Mines Act 1952? Meaning and Definition, Appointment, Differences, Functions, Powers

Who are inspector and chief inspector under the mines act notes



CONTENT
  • INTRODUCTION
  • WHO ARE THE CHIEF INSPECTOR AND INSPECTOR
  • MEANING
  • DEFINITION
  • APPOINTMENT OF CHIEF INSPECTOR/INSPECTOR
  • FUNCTIONS OF CHIEF INSPECTOR/INSPECTOR
  • POWERS OF CHIEF INSPECTOR/INSPECTOR
  • CONCLUSION


INTRODUCTION
Labour problem constitutes a serious menace to the society and it needs to be solved , After, Independence In India, a number of Labour legislation have been enacted to Solved and upgrade the position of Labour , and also to govern the Labour management relations with view to the development of industry and national economy . Some of the  Legislation like The industrial Disputes Act 1947 , The trade union Act ,1926 , The factories Act , 1948 , The minimum wages Act 1948 & The mines Act 1952 etc were enacted .

Here , in this article we are discussing about the provisions Regarding the Appointment of chief Inspector and Inspectors and the Powers and functions Assign to them under the Mines Act 1952 .

The Mines Act 1952 has been brought into effect to improve and to make strong the law relating to the regulation of labour and safety in mines. This Act provides  for the the welfare and security measures which are required to be taken for the workers employed in mines . According to the section 2(j) of the mines Act , 1952 "Mines means any Engraving, where any operation is carried out for the purpose of searching, for or obtaining minerals has been or is being carried in ".

WHO ARE INSPECTORS AND CHIEF INSPECTORS UNDER THE MINES ACT 1952?

Meaning and definition of inspector and chief inspector under the mines act 1952

Meaning And Definition Of Chief Inspector and Inspector

MEANING

The Chief Inspectors and Inspectors are the duly qualified person's appointed by the central Government by notification in the official Gazette for all the territories to which this Act extends. Chief Inspectors and Inspectors which are appointed under this Act has many duties and responsibilities which is to be performed by them under the provisions of the Mines Act 1952 . One of the main duty and  responsibility of the Chief Inspectors and Inspectors is to Examine and Make inquiry relating to the state and condition of any Mine . 

DEFINITION

SECTION 2(d) (Chief Inspector):

"Chief Inspector" means the Chief Inspector of Mines appointed under this Act"


SECTION 2(i) (INSPECTOR):
"Inspector" means a Inspector of Mines appointed under this Act , and includes a District Magistrate when exercising any power or performing any duty of an inspector which he is empowered by this Act to exercise or perform. 


APPOINTMENT OF CHIEF INSPECTOR AND INSPECTOR


SECTION 5 of the Mines Act 1952 , provides the Provisions regarding the appointment of Chief Inspectors and Inspectors. The central government has the power to appoint as he thinks fit to be the Chief Inspector of mines. Morever he may appoint such number of Inspector of mines , subordinate to the Chief Inspector. The Central Government is however authorized to make such appointments only through notification in the official Gazette.

SECTION 5(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.


SECTION 5(2) according to this section no person shall be appointed in the mentioned post if he is directly or indirectly interested in any mine.


SECTION 5(3) according to this section, The District Magistrate by the special order can exercise the power and duties of an inspector

 
SECTION 5 (4) according to this section The Chief Inspector and all Inspectors shall be suppose to be public servants within the meaning of the Indian penal code (45 of 1860).


RELATED POST
HOURS AND LIMITATIONS OF EMPLOYMENT UNDER MINES ACT 1952

FUNCTIONS OF CHIEF INSPECTOR AND INSPECTOR

Section 6 deals with the functions of the Chief Inspector and inspector. The main and important functions are mention below.


Section 6(1) according to this section the Chief inspector appointed under this act with the prior approval of the Central Government, and if the approval is accepted, then the Chief Inspector by order in writing can authorise any inspector to exercise powers of the Chief inspector.


 Section 6(2) according to this section, the chief inspector appointed under this Act by order in writing has the power to restrict or can prohibit any of the inspector appointed under this Act.

Section 6(3) provides that , The Chief Inspector can declare upon the local areas within which Inspectors shall exercise their respective powers. 

POWERS OF CHIEF INSPECTOR AND INSPECTOR

Section 7 ,provides for the various powers of the Chief Inspector and Inspector of mines  . They are discussed below -

SECTION 7(1)
The Chief Inspector and any Inspector may -

(a) The Chief Inspector/ Inspector of the mines can examine and inquiry if he/she thinks fit in order to ascertain whether the provisions of this Act , and of the regulations , or any order made thereunder are observed in the case of any Mine.

(b) The chief Inspector/ Inspector of the mines as he/she thinks fit can enter , inspect and examine any Mine at any time by day or night.

 Exception to this clause is that the chief Inspector/Inspector shall not unreasonably exercise this power to obstruct the working of the mine.

(c) To examine and make inquiry respecting
       • The condition of any Mine
       • ventilation of the mine
       • sufficiency of the bye-laws
       • Health , safety , welfare of the person's employed in the mine .

(d) To exercise such other powers as may be prescribed.

SECTION 7(2) Provides that ,

The chief Inspector/ Inspector of the mine have the power to search any place and take possession of any material or any plan ,section , register or other record appertaining to the mine  after conducting Inquiry, examination , inspection if he/she found any reason to belief that an offence has been or being committed  . Section 94 of the code of criminal procedure 1973 , the chief Inspector and Inspector appointed under this act has been conferred with the power for Search and Seizure.


SECTION 8 provides that ,

According to this section, The Chief Inspector and Inspector of the mine by special order in writing can authorised any person in the service of Government for the purpose of surveying, measuring any mine.



CONCLUSION


No comments:

Post a Comment