Dear Sir,
Regarding point No. 2, please refer Section 18.
In case of any contravention of law by any person, complete chain of persons upto the Owner is deemed to be guilty and it includes supervisors irrespective of their post, qualification, etc. Contractor's supervisors are not excluded.
Regards,
CS Soni
katla sudheer ---08/25/2013 12:51:31 AM---Dear Mr. Manish, Point No.1.:
Dear Mr. Manish,
Point No.1.:
As per the statute, the principal employer/Owner of the mine had to employ the statutory personnel for Supervision , Management, Direction and Control of the mining operations in SAFE manner. I think you are NOT liable , as you are not appointed as Manager of Mines by the OWNER/AGENT as required under Reg31 of CMR 1957, where a notice of such appointment is required to be sent to the DGMS offices, in FORM-I.
However, the contractor(MDO) is not exempted from any violations of the statute and hence is equally liable under the provisions of Mines Act. Since you being an FCC holder I think you can take utmost precautions/safety measures for operation of mine, as GOOD as the Manager of the Mine appointed by the Principal employer.
Point No.2:
As your are NOT appointed as Manager of Mine by sending a notice in Form I, to DGMS office, as required under the provisions of statute and hence you may not be liable for any accidents or incidents. Having said that, MDO is NOT exempted from the liability of statutory provisions.
I have just shared my views, someone in the group, may comment further and can add something for the benefit of all us.
thanks & regards,
--
Katla Sudheer
Sr.Manager ( Mine Safety )
Pakri Barwadih Coal Mining Project.
NTPC Ltd, Hazaribagh
Mobile no : 09431141502
Alternate e- mail id: katlasudheer@yahoo.com
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