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The Mines Act, 1923

( ACT NO. IV OF 1923 )

Chapter II

INSPECTORS

Chief Inspector and Inspectors
4.(1) The Government may, by notification in the official Gazette, appoint a duly qualified person to be Chief Inspector of Mines for the whole of Bangladesh 1[* * *] and duly qualified persons to be Inspectors of Mines subordinate to Chief Inspector.
 
 
(2) No person shall be appointed to be Chief Inspector or an Inspector, or, having been appointed shall continue to hold such officer who is or becomes directly or indirectly interested in any mine or mining rights in Bangladesh.
 
 
(3) The District Magistrate may exercise the powers and perform the duties of Inspector subject to the general or special orders of the Government:
 
 
Provided that nothing in this sub-section shall be deemed to empower a District Magistrate to exercise any of the powers conferred by section 19 or section 32.
 
 
(4) The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the 2[Penal Code].
Functions of Inspectors
5.(1) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any power conferred on Inspectors by this Act, and shall, subject as aforesaid, declare the local area or areas within which, or the group or class of mines with respect to which, Inspectors shall exercise their respective powers.
 
 
(2) The Inspector shall give information to owners, agents and managers of miners, situate within the local area or areas or belonging to the group or class of mines, in respect of which he exercises powers under sub-section (1) as to all regulations and rules which concern them respectively and as to the places where copies of such regulations and rules may be obtained.
Powers of Inspectors of Mines
6. The Chief Inspector and any Inspector may-
 
 
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine;
 
 
(b) with such assistants(if any) as he thinks fit, enter, inspect and examine any mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the mine;
 
 
(c) examine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine, and all matters and things connected with or relating to the safety of the persons employed in the mine.
Powers of special officer to enter, measure, etc.
7. Any person in the service of the 3[Republic] duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, leveling or measuring in any mine, after giving not less than three day's notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the mine.
Facilities to be afforded to Inspectors
8. Every owner, agent and manager of a mine shall afford the Chief Inspector and every Inspector and every person authorised under section 7 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act.
Secrecy of information obtained
9.(1) All copies of, and extracts from, registers or other records appertaining to any mine, and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the Inspector of any mine under this Act or acquired by any person authorised under section 7 in the exercise of his duties thereunder, shall be regarded as confidential, and shall not be disclosed to any person other than a Magistrate or an official superior or the owner, agent or manager of the mine concerned, unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the safety of any persons.
 
 
(2) If the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses contrary to the provisions of sub-section (1), any such information as aforesaid without the consent of the Government, he shall be guilty of a breach of official trust, and shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
 
 
(3) No court shall proceed to the trial of any offence under this section except with the previous sanction of the Government.
 
 

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Ministry of Law, Justice and Parliamentary Affairs