Lawgist76Determination of owner in certain cases
1[76.Determination of owner in certain cases.--Where the owner of a mine is a firm or other association of individuals, all, or any of the partners or members thereof or where the owner of a mine is a company, all or any of the directors thereof or where the owner of a mine is a Government or any local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this Act for any offence for which the owner of a mine is punishable:
2[Provided that where a firm, association or company has given notice in writing to the Chief Inspector that it has nominated,--
(a) in the case of a firm, any of its partners or managers;
(b) in the case of an association, any of its members or managers;
(c) in the case of a company, any of its directors or managers,
who is resident, in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in such firm, association or company, to assume the responsibility of the owner of the mine for the purposes of this Act, such partner, member, director or manager, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the mine for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member, director or manager, as the may be, is received by the Chief Inspector.
Explanation.--Where a firm, association or company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this proviso in relation to different establishments or branches or units and the person so nominated shall, with respect only to the establishment, branch or unit in relation to which he has been nominated, be deemed to be the owner of the mine.]]
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1. Subs. by Act 62 of 1959, s. 41, for section 76 (w.e.f. 16-1-1960).
2. Subs. by Act 42 of 1983, s. 41, for the proviso (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
