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The Mines Act, 1923

( ACT NO. IV OF 1923 )

Chapter III

MINING BOARDS AND COMMITTEES

Mining Boards
10.(1) The Government may constitute for any part of Bangladesh 1[* * *], for any group or class of mines, a Mining Board consisting of-
 
 
(a) a person in the service of the 2[Republic], not being the Chief Inspector or a Inspector, nominated by the Government to act as Chairman;
 
 
(b) the Chief Inspector or an Inspector;
 
 
(c) a person, not being the Chief Inspector or an Inspector, nominated by the Government;
 
 
(d) two persons nominated by owners of mines or their representatives in such manner as may be prescribed;
 
 
(e) two persons to represent the interest of miners, who shall be nominated in accordance with the following provisions:-
 
 
(i) if there are one or more registered trade unions having in the aggregate as members not less than one quarter of the miners, the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed;
 
 
(ii) if sub-clause (i) is not applicable and there are one or more registered trade unions having in the aggregate as member not less than 1,000 miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the Government;
 
 
(iii) if neither sub-clause (i) nor sub-clause (ii) is applicable, the said persons shall be nominated by the Government.
 
 
Explanation- In this clause 3[miner] means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted.
 
 
(2) The chairman shall appoint a person to act as secretary to the Board.
 
 
(3) The Government may give directions as to the payment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member.
Committees
11.(1) Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of-
 
 
(a) a chairman nominated by the Government or by such officer or authority as the Government may authorise in this behalf;
 
 
(b) a person nominated by the Chairman and qualified by experience to dispose of question referred to the Committee; and
 
 
(c) two persons of whom one shall be nominated by the owner, agent or manager of the mine concerned, and the other shall be nominated by the Government to represent the interests of the persons employed in the mine.
 
 
(2) No Inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a Committee appointed under this section.
 
 
(3) Where an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub-section (1), the Committee may, notwithstanding such failure, proceed to inquire into and dispose of the matter referred to it.
 
 
(4) The Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the mine, and shall report its decision to the Government.
 
 
(5) On receiving such report the Government shall pass orders in conformity therewith unless the Chief Inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the Committee, in which case the Government may proceed to review such decision and to pass such orders in the matter as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or manager of the mine.
 
 
(6) The Government may give directions as to the remuneration, if any, to be paid to the members of the Committee or any of them, and as to the payment of the expenses or the inquiry including such remuneration.
Powers of Mining Boards
12.(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it.
 
 
(2) Every Mining Board constituted under section 10 and every Committee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the 4[Penal Code].
Recovery of expenses
13. The Government may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a committee appointed under section 11 shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a Magistrate having juris-diction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the Magistrate's jurisdiction belonging to such owner or agent.

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Ministry of Law, Justice and Parliamentary Affairs