Chapter VII OBLIGATIONS OF HOLDER OF PROSPECTING

(1) The holder of a prospecting licence and the holder of a mining lease shall, before the commencement of any prospecting or, as the case may be, mining operations, given to such authority as the State Government may, by notification, specify, a notice in writing, in such form and containing such particulars as may be prescribed, of his intention to commence such prospecting of mining operations. (2) Any notice given under Sub section (1) shall he so given as to reach the specified authority atleast one month before the commencement of any such prospecting or mining operation.

(1) The holder of every prospecting licence or mining lease shall he responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Act and the rules made thereunder to ensure the safety of the mines and minerals that may be explored or exploited as a result of such prospecting or mining operations and for the safety and security of the persons employed for the purpose of carrying out such operations. (2) The holder of a prospecting licence or mining lease shall each be responsible for the compliance with the rules made under Sub-section (1) and it shall not be a defence that such holder of licence or lease had appointed a manager or other officials to carry out such prospecting or mining operations. (3) The holder of a prospecting licence or a mining lease shall also be responsible to make such provisions for the health and safety of the persons employed in connection with such prospecting or mining operations as may be prescribed.

(1) If the State Government on any authority empowered by it in this behalf has any reason to believe that any mine or part thereof or any matter or thing or practice in, or connected with, the prospecting or mining operations, or control, su- pervision management or direction thereof, is dangerous to human life or safety or defective so as to threaten, or tend to threaten the bodily injury to any person, that Government or as the case may be, that authority may give a notice in writing to the holder of the prospecting licence or mining lease, stating therein the particulars it respect of which that Government or authority consider the mine or part thereof or the matter thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as may be specified in the notice. (2) Without prejudice to the provisions of Sub-section (1), the State Government or the authority empowered under Sub section (1) may, by order in writing, addressed to the holder of, the prospecting licence or mining lease, prohibit the extraction or reduction of pillars or blocks of minerals in any land or mine or part thereof if, in the opinion of that Government or, as the case may be, that authority, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part working or otherwise endanger the land or mine or the life or safety of persons employed therein or if adequate provisions against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the land or in which such operation has been undertaken or is contemplated and for restricting the area that might he affected by fire or flooding. (3) If the authority empowered in this behalf under Sub-section on (1) is of opinion that there is urgent or immediate danger to the life or safety of any person employed in any land or mine or part thereof. it may, by an order in writing, containing a Statement of the grounds of his opinion prohibit until it is satisfied that the danger has been removed, the employment in or about the land or mine on the concerned part thereof any person, whose employment is not, in its opinion reasonably necessary for the purpose of removing the danger, (4) Every person whose employment is prohibited under Sub-section (3) shall be entitled to thee payment of full wages for wages for the period for which he would have been, but for the prohibition, in employment and the holder of the prospecting licence or, as the case may be, mining lease shall be liable for the payment of the full wages of the person so prohibited from being employed. Provided that the holder of the prospecting licence or mining lease may, instead of paying such full wages, provide such, person with the alternative employment at the same wages which such person was receiving in the employment which was prohibited. (5) Where a notice has been given under Sub-section (1) or an order has been made under Sub-section (4), the holder of the prospecting licence or, as the case. may be, mining lease may, within ten days of the receipt of the notice or order, as the case may be, appeal against the same to the State Government and that Government may, after giving to the appellant a reasonable opportunity of being heard, confirm, modify or cancel the notice or order. (6) An appeal shall not operate as a stay of operation of any notice or order unless the operation of such notice or order has been stayed by the appellate authority and in the absence of any such stay order, such notice or order shall he complied with.

(1) Where any holder of a prospecting Licence or mining lease omits or fails to comply with the provision of this Act or any rule made thereunder of relating to safety, the authority empowered under Section 23 may give notice in writing requiring such holder of prospecting licence or mining lease to comply with the provisions relating to safety within such time as may be specified in the notice or within such extended time as that authority may, from time to time, allow. (2) Where the holder of the prospecting licence or mining lease fails to comply with the terms of the notice given under Sub- section (1) within the period specified in the notice or, as the case may be, within extended time allowed under that Subsection, the empowered authority may, by order in writing, prohibit the employment in or about the land or mine or any part thereof, of any person whose employment is not, in the opinion of that authority, reasonably necessary for securing compliance with the terms of the notice. (3) Every person whose employment is prohibited under Sub-section (2) shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the holder of the prospecting licence or mining lease, as the case may be, shall be liable for payment of such full wages of the person. Provided that the holder of the prospecting licence or, as the case may be, mining lease may, instead of paying such full wages provide alternative employment at the same wages which such employee was receiving in the employment which he was prohibited under Sub-section (2).

(1) Whenever there occurs in any land in which any prospecting operation is being carried on or in a mine : (a) an accident causing loss life or serious bodily injury; or (b) an explosion, ignition, spontaneous heating, outbreak of fire or eruption 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, raised in a shaft or an incline; or (e) an overwinding 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 holder of the prospecting licence or, as the case may be, mining lease shall give notice of such accident to such authority and within such time as may be prescribed and shall simultaneously post one copy of the notice on a special notice-board in the prescribed manner at place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the notice-board for not less than fourteen days from the date of such posting. (2) Where an accident, of which notice has been given under Sub- section (1), causes loss of the life prescribed authority shall hold an inquiry into the occurrence within two months of the receipt of the notice. (3) Where any bodily injury to any person is caused, whether by reason of an accident of which notice has been given under Sub- section (1) or otherwise. resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours, the holder of the prospecting licence or, as the case may be, mining lease shall enter in a register in the prescribed form and copies of such entries shall be furnished to the prescribed authority. (4) Wherever there occurs in or about a land in which prospecting operations are being carried on, or in any mine, an accident causing loss of life or serious bodily injury to any person, the place of the accident shall not be disturbed or altered before the arrival, or without the consent, of the prescribed authority to whom the notice of the accident is required to be given under Sub-section (I), 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 prospecting operation or of the mine; Provided that where the prescribed authority fails to inspect the place of the accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident.

(1) Where any accident of the nature referred to in Sub- section (1) of section 26 occurs in or on, any land in which prospecting operations are being carried on, or, as the case may be, in or about a mine, the State Government may, if it is of opinion that a formal inquiry into the causes and circumstances attending the accident ought to be held, appoint a competent person to hold such inquiry and may also appoint one or more persons possessing legal or special knowledge to Act assessor or assessors in holding the inquiry. (2) The person appointed to hold any such inquiry shall have all the powers of a civil court under the Code of Civil procedure, 1908, for the purpose of summoning and enforcing the attendance of witnesses and compelling the production of documents and material objects. (3) Any person holdings an inquiry under this section may exercise such of the powers of the prescribed authority as he may think it necessary or expedient for the purpose of the inquiry. (4) The person holding an inquiry under this section shall make a report to the State Governing stating the causes of the accident and its circumstances and adding any observations which he or any assessor may think fit to make.

(1) There shall be established by every person making exploration in an oil field as many “group gathering station” as he may consider fit for the gathering and separation of solid, liquid and gas. (2) All mineral oils (including crude oil), petroleum, petroleum products and natural gas obtained from land within the State shall, before they are moved for refining or for distribution shall be brought to the “ground gathering station”. (3) No movement, disposal or distribution of minerals referred to in sub-section (2) and natural gas shall be made from any place in the State other than through the concerned “group gathering station”.

(1) If the State Government is satisfied that it is necessary in the public interest so to do, it may by a notice served on the lessee require him to sell to the State Government or such Corporation owned or controlled by the State Government as may be specified by that Government all the natural gas obtained by him from the “group gathering station” within the State. (2) The condition of the lease made to a person for exploration from oil fields in the State shall be deemed to include a condition to the effect that such lessee shall be under an obligation to sell all the natural gas obtained by him at the “group gathering station” in the State to the State Government or to such Corporation owned or controlled by the State Government as may be specified by that Government and to no one else at such price as may be agreed upon by and in between the lessee and the State Government or such Corporation as the case may be, and in default of such agreement, as may be determined by the competent authority appointed under this Act.