Central Government Act
Section 23 in The Mines Act, 1952
23. Notice to be given of accidents.—1[
(1) Whenever there occurs in or about a mine—
(a) an accident causing loss of life or serious bodily injury, or
(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or
(c) an influx of inflammable or noxious gases, or
(d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or
(e) an over winding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or
(f) a premature collapse of any part of the workings, or
(g) any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting.]
2[(1A) Whenever there occurs in or about a mine an accident causing reportable injury to any person, the owner, agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in a quarter.]
(2) Where a notice given under sub-section (1) relates to an accident causing loss of life, the authority shall make an inquiry into the occurrence within two months of the receipt of the notice and, if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said period.
3[(3) The Central Government may, by notification in the Official Gazette, direct that accidents other than those specified in sub-sections (1) and (1A) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours shall be entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1) or sub-section (1A), as the case may be.]
(4) A copy of the entries in the register referred to in sub-section (3) shall be sent by the owner, agent or manager of the mine, 4[on or before the 20th day of January in the year following that to which the entries relate], to the Chief Inspector.
5[(5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required to be given under sub-section (1) of section 23, unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.]
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Going by this stipulation under the Mines Act, Police have no direct role until and unless either the Manager/Agent or DGMS make a prima facie report of the occurrence of an accident within the periphery of Mines as stipulated. However in the event of incidents not relevant to mining activities such as clashes between workers/union, disrupting law & order in the vicinity, theft etc police's action would be required.
From India, Bangalore
1077Section 23 in The Mines Act, 1952
23. Notice to be given of accidents.—1[
(1) Whenever there occurs in or about a mine—
(a) an accident causing loss of life or serious bodily injury, or
(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or
(c) an influx of inflammable or noxious gases, or
(d) a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or
(e) an over winding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or
(f) a premature collapse of any part of the workings, or
(g) any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting.]
2[(1A) Whenever there occurs in or about a mine an accident causing reportable injury to any person, the owner, agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the Chief Inspector once in a quarter.]
(2) Where a notice given under sub-section (1) relates to an accident causing loss of life, the authority shall make an inquiry into the occurrence within two months of the receipt of the notice and, if the authority is not the Inspector, he shall cause the Inspector to make an inquiry within the said period.
3[(3) The Central Government may, by notification in the Official Gazette, direct that accidents other than those specified in sub-sections (1) and (1A) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours shall be entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1) or sub-section (1A), as the case may be.]
(4) A copy of the entries in the register referred to in sub-section (3) shall be sent by the owner, agent or manager of the mine, 4[on or before the 20th day of January in the year following that to which the entries relate], to the Chief Inspector.
5[(5) Whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the Chief Inspector or the Inspector to whom notice of the accident is required to be given under sub-section (1) of section 23, unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: Provided that where the Chief Inspector or the said Inspector fails to inspect the place of accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.]
-----------
Going by this stipulation under the Mines Act, Police have no direct role until and unless either the Manager/Agent or DGMS make a prima facie report of the occurrence of an accident within the periphery of Mines as stipulated. However in the event of incidents not relevant to mining activities such as clashes between workers/union, disrupting law & order in the vicinity, theft etc police's action would be required.
From India, Bangalore
In case accident in the factory, against whom will the
prosecution be launched----(i)the occupier; (ii)the factory
manager; (iii) the safety officer or (iv) the Board of Directors
as vicarious liability or against all of them? This question is
put since directors may be involved.
Contact S.Srinivasan 9841092661
ssrini50@gmail.com
prosecution be launched----(i)the occupier; (ii)the factory
manager; (iii) the safety officer or (iv) the Board of Directors
as vicarious liability or against all of them? This question is
put since directors may be involved.
Contact S.Srinivasan 9841092661
ssrini50@gmail.com
Factories Act 1948 holds the Factory Occupier primarily as well as the Factory Manager as second accused as being liable for the accident caused. Responsibility shifts from Factory Occupier if it could be proved that some other official is responsible for having acted in a manner that caused the accident deliberately in disregard to the instructions given. Safety officer cannot be held responsible under the Act.
From India, Mumbai
From India, Mumbai
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