Lawgist75Prosecution of owner, agent or manager
No prosecution shall be instituted against any owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the district magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector;
1[Provided that the Chief Inspector or the district magistrate or the Inspector as so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed to exercise all due diligence to prevent the commission of such offence.]
2[Provided further that] in respect of an offence committed in the course of the technical direction and management of a mine, the district magistrate shall not institute any prosecution against an owner, agent or manager without the previous approval of the Chief Inspector.
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1. Ins. by Act 42 of 1983, s. 40 (w.e.f. 31-5-1984).
2. Subs. by s. 40, ibid., for "Provided that" (w.e.f. 31-5-1984).
- 63 Obstruction
- 64 Falsification of records, etc
- 65 Use of false certificates of fitness
- 66 Omission to furnish plans, etc
- 67 Contravention of provisions regarding employment of labour
- 68 Penalty for employment of persons below eighteen years of age
- 69 Failure to appoint manager
- 70 Notice of accidents
- 71 Owner, etc., to report to Chief Inspector in certain cases
- 72 Obligation of persons employed in a mine
- 72A Special Provision for contravention of certain regulations
- 72B Special provision for contravention of orders under section 22
- 72C Special provision for contravention of law with dangerous results
- 73 General provision for disobedience of orders
- 74 Enhanced penalty after previous conviction
- 75 Prosecution of owner, agent or manager
- 76 Determination of owner in certain cases
- 77 Exemption of owner, agent or manager from liability in certain cases
- 78 Power of court to make orders
- 79 Limitation of prosecutions
- 80 Cognizance of offences
- 80A [Omitted.]
- 81 Reference to Committee in lieu of prosecution in certain cases
