TMI Blog1987 (4) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... the end of paragraph (b) of sub-cl. (ii) of the proviso to cl. (b) of sub-s. (1) of s. 3 of the Mines Act, 1952 as being conjunctive. In the present case, admittedly the respondents are engaged in working an open cast mine. After an inspection, the Inspector of Mines found that the respondents were engaged in the open cast mining and the number of persons employed on any one day exceeded 50. That being so, the respondents fell within the mischief of the proviso to cl.(b) of s. 3(1) of the Act and became subject to the provisions of the Act. The Inspector was therefore well within his powers to serve a notice under s. 22 read with s. 17 of the Act calling upon the respondents to appoint a qualified Manager for the mine. The High Court on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oviso would be attracted, that is to say, the provisions of the Act would be made applicable to such a mine. The provision of sub-s. (1) of s. 3 of the Act insofar as relevant for purposes of this case reads as follows: 3. Act not to apply in certain cases--(1) The provisions of this Act, except those contained in sections 7, 8, 9, 44, 45 and 46 shall not apply to-- a) xx (b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, road metal, earth, fuller's earth and lime stone: Provided that-- (i) xxx (ii) where it is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rural areas and we should call upon the appellant to find a suitable person for appointment as Manager. Learned counsel for the appellant was however gracious enough to suggest that the Department will find a qualified person and depute him 26 work as Manager, and the respondents shall be liable to pay his salary and allowances as may be stipulated by the Joint Director of Mines Safety. The Joint Director will select and depute a proper person to serve as Manager of the respondents' mine within thirty days from the receipt of this order. In view of this, the appellant will consider the feasibility of not launching a prosecution against the respondents for their past failure to appoint a duly qualified Manager as required under s. 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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