The West Bengal Mining Settlements ( Health And Welfare ) Act, 1964

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GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Bengal Act XXV of 1964
THE WEST BENGAL MINING SETTLEMENTS
(HEALTH AND WELFARE) ACT, 1964.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Cakedla Grudge.
Extraordinary, of the 26th November. 1904.]
[28th November, I984.3
An Act to provide for the better control and sanitation, of,
mining settlements in West Bengal.
It is hereby enacted in the Fifteenth Year of the Republic
of India, by the Legislature of West Bengal, as follows:.--
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the West Bengal Mining
Settlements (Health and Welfare) Act, 1964.
(2) It extends to the whole of West Bengal.
(3) This section shall come into force at once ; the
remaining sections shall come into force on such date or
dates as the State Government may, by notification, appoint
and, for this purpose, different dates may be appointed for
different sections of this Act or for different areas to he
specified in the notification.
2. (1) The Bengal Mining Settlements Act, 1912, is
hereby repealed :
Provided that—
any mining settlement declared, Mines Board of
Health appointed, limits defined, appointment,
rule, by-law or order made, notification or notice
issued, expenses charged or assessed, or contract
entered into under the said Act, shall, so far as
may be, be deemed to have been respectively
declared, established, defined, made, issued,
charged or assessed, or entered into under this
Act ;
,ii) any legal proceeding commenced under the said
Act may be continued as if the said Act had not
been repealed;
Price—Indian, 20 P. ; English, 4d.
(i)
Short title, extent and COM.
memo-ment.
Repeal of Ben. Act II of 1912.
2 The Wert Bengal Mining Settlements (Health and Welfare)
Act, 1964.
[West Ben. Act
(Chapter L—Preliminary.—Sectiona.)
(iii) the State Government may, by notification,
abolish any such Mines . Board of Health or
reconstitute it in accordance with the provisions
of this Act.
(2) All properties, movable or immovable and all
interests of whatever nature or kind therein, held by or on
behalf of any Mines Board of Health appointed under the
Bengal Mining Settlements Act, 1912, shall continue to be
vested in such Board, being a Board deemed under clause
(i) of the proviso to sub-section (1) to have been established
under this Act, and, where a notification abolishing or
reconstituting such Board is issued under clause (iii) of the proviso to sub-section (1), shall stand transferred on and
from such date and to such other Mines Board of Health,
whether established under section 6 or deemed under
clause (t) of the proviso to sub-section (1) to have been
established under this Act, as may be specified in the
notification.
3. In this Act, unless there is anything repugnant iu
tions. the subject or context,—
(a) "Board" means a Mines Board of Health established
or deemed to have been established under this
Act and when used in relation to a mining
settlement means the Board for such mining
settlement;
(b) "notification" means a notification published in the
Official Gazette;
(o) "owner", when used in relation to a mine, means
any person who is in occupation of the mine or
any part thereof and carries on the business, or
is a contractor for the working, 'of such mine or
part and, except for the purposes of section 27,
includes the Government :
Provided that where any person is deemed, under the
proviso to section 76 of the Mines Act, 1952, to
be the owner of a mine for the purposes of that
Act, such person shall be deemed to be the owner
of the mine also for the purposes of this Act;
(d) "prescribed" means prescribed by rules made by the
State Government under this Act;
(e) the expressions "employed" and "mine" have the
same meaning as. in the Mines Act, 1952.
Ben. Lot
II of 1912.
35 of 1952.
rizr Welt Bengal Muting Settlements (Health and Welfare) 3
Act, 1964.
XxV et 914.1
(Chapter 1.—Preliminery.—Sections 4, j.---Chapter 11.--?'Its
Mines finned of Health.--Sertion 6.)
4. (1) Whenever it appears to the State Government D eviate.
that it is necessary in the public interest to provide for the lian of
planned construction of buildings and structures, proper area ae
sanitation and water supply and prevention of the outbreak : 1'4,7
and spread of epidemic diseases, iu any area, not being or meat.
not forming part of any mine, within which persons
employed in a mine or mines reside, the State Government
may publish in the Offirial Gazette a notice of its intention
to declare such area to be a mining settlement for the
purposes of this Act.
(2) A notice under sub-section (1) shall define the limits
of the area intended to be declared to be a mining settlement
and shall specify a period within which any objection or
suggestion in regard to the intended declaration may be
submitted by any person to the State Government for its
tonsideration.
(3) On the expiry of the period for submitting objections
or suggestions specified in a notice published under sub-
section (1) the State Government may, after considering
the objectious or suggestions, if an3, in regard to the
ended declara ion .uhtnitted to it within s uch period, by
notification,—
(a) withdraw the notice, or
(h) declare that the area, the limits whereof have hem
defined in the notice, or such part thereof as
ma y b e specified in the notification, shall, for
the purposes of this Act, be a mining settlement.
(4) The State Government mar, by like notification
issued following mutanrii.e the procedure laid
down in the foregoing sub-section, add to or alter the area
included in a mining settlement.
5. The provisions of this Act shall not apply to any Applio,„
area included within a municipality constituted under the tion of the
Ben. Act provisions of the Bengal Municipal Act, 1932. Aot.
XV of
)032. CHAPTER II.
TUF. NI MS BOARD OF HEAlfrE.
6. ( 1) The-late lioverunient may, by notification,
establish a Mines Board of health for a mining settlement. 7:, flat : ngd'
The Board shall, by the name of the Mines Board hrervarsc
of Health of the mining settlement for which it is tir "
established, be a hotly corporate and shall have perpetual R,Irt
succession and a common seal IA ith power to hold and %Imelda*.
acquire property, both movable and immovable, and,
subject to such restrictions as may be prescribed, to transfer
any such property held by it and to do all other things
no.essary for the purposes of this Act, and to sue and be
sued in its corporate name.
4 The West Bengal Mining Settlements (Health ana Welfare)
Act, 1984.
[Welt Ben. Act
(Chapter 11. The Motes Board of Health.— Section 7.)
Coe.statu. 7. (1) A Board shall consist of not less than sixteen tic= of arid not more than seventeen members as follows :— Board and term of (a) four members to be elected by owners of mines office of which employ persons residing within the members. mining settlement or by representatives of such
owners duly authorised in the prescribed manner ;
(b) one member to be elected by the members of the
National Association of Colliery Managers and
the members of the Indian Mines Managers'
Association from amongst themselves;
(c) one member to he elected by the members of the
West Bengal Branch of the Indian Medical
Association from amongst medical practitioners
registered under any law for the time being in
force and residing or carrying on profession
within the mining settlement;
(d) the Coal Mines Welfare Commissioner, ex-officio;
(e) not less than nine and not more than ten members
to be appointed by the State Government of
whom—
(i) one shall be a District Magistrate having juris-
diction within the mining settlement;
(ii) two shall be members of the State Legislature
residing within, or representing a territorial
constituency extending over the whole or any
part of, the mining settlement;
(iii) one shall I.e a member of the Zilla Perished
having jurisdiction within the mining settle-
ment;
(iv) one shall be a woman social worker;
(v) two shall be persons representing mine
labourers; and
(vi) not less than two and not more than three shall
be such persons as the State Government may
think fit.
(2) The time and manner of election of members under
sub-section (1) shall be suoh as may be prescribed.
(3) If any of the electoral bodies mentioned in sub-
section (I) fails to elect the requisite number of members
within the prescribed period, the State Government shall
fill up the seat or seats by appointment of a person or
persons eligible for election by such body and any person
so appointed shall be deemed to be a member of the Board
as if he had been duly elected by such body.
The West Bengal Mining Settlements (Health and Welfare) 5
Act, 1984.
XXV gt 1914.1
(Chapter 11.—The Mines Board of Health,.--Sections 8, 9.)
(4) An appointed or elected member of the Board shall
hold office for a term of four years from the date of the
first meeting of the newly formed Board after a general
election of members, at which a quorum is present:
Provided that if the State Government thinks fit so to
do for special reasons to be specified, it may, by notifica-
tion in the Official Gazette, extend the said term of four
years by such period or periods, not exceeding one year in
the aggregate, as it may consider necessary.
(5) The term of four years referred to in sub-section
(4), or, if the said term is extended under the proviso to
that sub-section then, the term so extended, shall be held
to include any period which may elapse between the expiry
of the said term or extended term, as the case may be, and
the date of the first meeting of the newly formed Board at
which a quorum is present.
$. The State Government shall appoint two of the
members of a Board to be the Chairman and the Vice.
Chairman respectively of the Board.
9. (1) The Chairman or the Vice-Chairman or any
other member of a Board may resign his o ffice by giving
notice in writing—
(a) in the case of the Chairman of a Board, to the
State Government, and
(b) in the case of the Vice-Chairman or any other
member of a Board, to the Chairman of the
Board who, shall forthwith lay the notice before
the Board,
and such resignation shall take effect from the date on
which the resignation is accepted by the Etate Government
or this Board, as the case may be.
(2) Leave of absence may be granted— •
(1) to the Chairman of the Board, by the State
Government, and
(b) to the Vice-Chairman or any other member of the
Board, by the Board.
(3) Casual vacancies in the office of the Chairman, the
Vice-Chairman or any appointed or elected member of the
Board may be filled up by appointment or election, as the
case may be, in the same manner in which the persons, in
whose seats such casual vacancies occur, were appointed or
elected and any person appointed or elected to fill any such
casual vacancy shall hold office for the remainder of the
term of office of the person in whose place he is so appointed
or elected.
Chairman
and Vim-
Chairman.
Resigns.
tion of the
Chairman,
Vice-Chairman
and other
members
of the
Board and
filling of
casual
vsoeneles
6 The West llengal Mining Settlements (Health and Wafers)
dot, 194.
(West Bern. Act
Delegation
of powers
and duties
of Board
to the
Chairman.
Delegation
of powers
and duties
of Chair-
man to
Vice-
Chairman.
(Chapter I I --The Mines Board of Health.—Serf ion s. 1ff, 11. -(`hapter 11.1 .—Nstablishmenit ,—Sect ion s I2--14.)
10. Subject to such conditions as may be prescribed,
a Board may, for the tiansaction of business under this
Act or the rules, by-laws or regulations made thereunder
or for the purpose of making any order authorised
thereby, delegate to the Chairman of the Board such of
the powers or duties of the Hoard under this Act or the
rules, by-laws or regulations made thereunder as the Beard
may think fit, and may, at any time, withdraw or modify
ant such delegation.
11. Subject to such conditions as may be prescribed,
the Chairman of a Board may by order in writing
delegate to the Vice-Chairman or any officer of the Board
such of the powers or ditties assigned to him by this Act
or the rules, by-laws or regulations made thereunder as
be may think fit, and may, at any time, in like manner
withdraw or modify any such delegation.
CHAPTER
ESTABLISAIMNT
Health
Officers.
Sanitary
Inspectors
and other
officers and
servants of
the Board.
Powers
and duties
of Health
Officers
and
Sanitary
inspec-
tors.
12. (1) A Board shall appoint a Health Officer or, if
so required by the State Government, more than one
1Tealth Officer for the mining settlement.
(2) Such Health Officer or Health Officers shall be
appointed in consultation with the State Government from
amongst the members of the West Bengal Health Service
on such terms and conditions as may be prescribed.
(3) Where more than one Health Officer are appointed
for a mining settlement, the area over which each such
officer shall have jurisdiction ehall be specified in the order
of appointment.
13. (1) A Board may, with the approval of the State
Government, determine the number of Sanitary Inspectors
and other officers and servants necessary fOr its administra-
tion and fix the salaries and allowances to be paid to them.
(2) The Board shall have the power to appoint such
Stillitilry Inspectors and other officers and servants as* are
referred to in sub-section (1).
(3) Tn appointing Sanitary Inspectors and other officers
and servants the Board may specify the area or areas over
which they shall exercise jurisdiction.
14. (1) A Health Officer shall exercise within the area
under his jurisdiction the powers conferred on him and
perform the duties imposed upon him by or under this Act,
and such other powers and duties consistent with the
objects of this Act as the State Government or the Board
concerned may, by general or special order, specify.
The West Bengal Mining Settlements (Health and Welfare) 7
Art, 1964.
XXv net.]
(Chapter M.—Duties of owners and occupiers of lands, buildings or structures in mining settlements.—Sertion 15.)
(2) A Sanitary Inspector shall, in respect of any area
within the mining settlement for which he has been
appointed. be subordinate to the Health Officer having
jurisdiction over such area and shall perform' such duties
and exercise such powers cis may he conferred upon him
by or under this Act, or as may be delegated to him by
the nealth Officer with the consent of the Board concerned.
(3) Every Health Officer or Sanitary Inspector or such
other officer of a Board as may be specified in this behalf
by the State Government may, within the area over which
he has jurisdiction,—
(a) make such inquiries as he may think fit in order to
ascertain whether the provisions of this Act
and of the rules, by-laws and orders made
thereunder are observed
(b) enter, with such assistants (if any) as he may think
fit, and inspect any place within such area at
all reasonable times by day or by night;
(e) make inquiries regarding the sanitary condition of
such area; and
(d) do all things , necessary for the due discharge of
the duties imposed upon him by or under tine
Act.
CHAPTER IV.
DCTLES Or OWNERS AND OCCUPIERS OF T.ANDS, BUIT.D/NGS OIt
STRUCTURES IN MINING SETTLEMENTS.
15. (1) Buildings and structures constructed in any
aleit alter the declaration thereof as a mining settlement
under section 4 shall conform to such conditions as to
sanitation, water supply, safety of the dwellers therein and
public health as may be prescribed.
(2) If a Board is satisfied that any building or
structure within the mining settlement endangers the
safety of the dwellers therein, it may, after giving the
owner an opportunity of showing cause against the action
propueed to be taken under this sub-section, order the
demolition of such building or structure:
Provided that no such order shall be executed until
after the expiry of the period of appeal or until any appeal
filed against it has been disposed of.
(3) Where any building or structure, which was
constructed before the declaration of the area in which it is
situate as a mining settlement under section 4, is so
demolished, the Board shall pay to the owner of such build-
ing or structure compensation, to be determined by such
authority as the State Government may, by notification,
specify in this behalf, for the actual loss sustained by him
on amount of such demolition.
Buildings
oriti
structures
eonstnueted
wit hin
mining
settlement s
to conform to prescri-
bed math-
tiorui and
power of
Board to
demolish
buildings
structures
in certain
mows
8 The West Bengal Mining Settlements (Health and Welfare)
Act, 1964.
[West kn. Act
((.;hapter 1V.—Duties of owners and occupiers of lands,
buildings or structures in mining settlements.—
Sections 16-18.)
Appeal.
Facilities
to be
afforded to
Health
Officers,
Sanitary
Inspectors
end other
officers
and
servant*
of the
Board.
Power to
undertake
16. Any person aggrieved by an order under sub-
section (2) or by the decision of the authority referred to in
sub-section (3) of section 15 may, within thirty days from
the date of the order or derision of such authority, as the
case may be, prefer an appeal to the District Judge.
17. Every person owning or occupying any land, build-
ing or structure within a mining settlement shall furnish
the Health Officer or Sanitary Inspector or such other officer
or servant of the Board as may be specified in this behalf
by the State Government, on requisition, with all reasonable
facilities for entering upon such land, building or structure
and for any inspection, examination or inquiry under this
Act or the rules or by-laws made thereunder.
18. Subject to such restrictions us may be prescribed, a
card may, on the recommendation of the Health Officer or
Rherwiset undertake in the....minin eaenrien such es
as it emuuderi necessary to provide for—
(1) the supply of filtered or other water;
(ii) sanitation, drainage, conservancy, maintenance of
public health and , prevention or abatement of
nuisances;
(iii) the bonging of residents in the mining settlement,
whether permanent or temporary ;
(iv) preventing the outbreak and spread of, and combat.
ing, epidemic and other diseases;
(41) the proper treatment of the sick by the establish-
ment and maintenance of hospitals" and
dispensaries and a medical staff;
(vii) the regular inspection of food-stuffs exposed for
sale in the mining settlement and report to
food inspectors appointed under the Prevention 37 of 1964.
of Food, Adulteration Act, 1954;
(via) the registration of births, deaths and diseases in
the mining settlement;
(viii) the . carrying out generally of the purposes of
this Aot.
The West Bengal Mining Settlements (Health and Welfare) 9
Adt, W64.
XXV of tom.]
(Chapter IV.--Duties of owners and occupiers of lands,
buildings or structures in mining settlements.—Sations
19-21.)
19. (1) If a Board is satisfied that the necessity for Power to
the measures to be taken for any of the purposes specified require
in section 18 is distinctly referable to any act or omission lends of
on the part of .the owner or occupier of any land, building tni e,,e ut;
or structure within the mining settlement, the Board may, works and
by a notice specifying the measures to be taken, require sibuT on
such owner or occupier, as the case may be,— operations.
(i) to execute within a period to be fixed in the
notice, such works as the Board may consider
necessary,
(is) to maintain in good repair any work executed in
accordance with such notice,
at his own expense.
(2) If a Board is satisfied that in order to prevent or
abate a nuisance affecting the public health it is
necessary that any owner or occupier of any land, building
or structure in any part of the mining settlement should
take any measures with respect to any such land,
building or structure belonging to him or in his possession
or under his management, the Board may by notice
require such person to take such measures at his own
expense.
(3) If in any of the cases referred to in sub-sections (1)
and (2) the Board is satisfied that immediate action is
necessary, the Board may, for reasons to be recorded by it
in writing, by a. notice specifying the measures to be
taken and the estimated expenses thereof (if any), declare
its intention of itself taking such measures at the expense
of the owner or occupier of the land, building or structure
concerned.
20. (1) Any person. who is required by a notice under
sub-section (1) or sub-section (2) of section 19 to take any
measures, may prefer an objection in writing to the Board
within fifteen days from the date of service of the notice on
him.
(2) The Board may, after considering the objections
(if any) preferred under sub-section (1), withdraw, modify
or confirm the notice.
21. Subject to the provisions of section 22, where
a notice is modified or confirmed under sub-section (2) of
section 20, if any measures required to be taken by the
notice, as so modified or confirmed, be not taken, to the
satisfaction of the Board within the period fixed by the
notice, or within such blither period (if any) as_ may be
allowed by the Board, or if any work executed in carry-
ing out such measures be not maintained in good repair
Objection against requisi. Con.
Power to ruminate 'work. eta., in default of owner or orroopiel
and to 700011115T
saperrees.
10 The Ilimft Bengal Mining Settlements Wealth and
Welfare) Art, 1.964.
Applied
from
declare-.
Lions and
orders
under
sections
19(3)
and 20(2).
Imposition
of fee,
water rate
and con.
servaney
rate.
Most Ban. A
((:harter / V.—Vuttes of owners and onaapiers of lands,
buildings or structures in mining settlements.—Seetions
22, 23.)
to the satisfaction of the Board, or where, in any case, the
Board has declared its intention of itself taking any measures
under sub-section (3) of section 19, the Board may cause
such measures to be taken or such repairs effected in such
manner as the Board may think fit, and the expenses incurred therefor shall be recoverable from the defaulting owner or occupier of the land, building or structure con-
cerned, as a public demand.
22. Any person aggrieved by any declaration made
under sub-section (3) of section 19 or by an order passed
under sub-section (2) of section 20 may appeal to the
Commissioner of the Division within which the mining
settlement is situate within thirty days from the date of
such declaration or order:
Provided that the filing of such an appeal shall not by
itself operate, unless the Commissioner so directs, as a stay
of execution of any work to be executed in carrying out
any measures by the Board during the pendency of the
appeal:
Provided further that where any work is executed
during the pendency of any such appeal and the appeal
is subsequently allowed, the costa of execution shall be
borne by the Board.
23s (1) For the purpose of meeting the expenses to be
incurred by a Board under this Act, the Board may., in
such manner and subject to such terms and conditions as
may be prescribed, impose and assess on the owners of a
mine or mines, the employees of which reside within the
mining settlement, after giving such owners an opportunity
of being heard,—
(a) a fee payable by all such owners, and also
(b) a water rate and a conservancy rate, payable by
reside within the area or areas in respeef of
the owners of mines the employees of which
which provision has been made by the Board—
in the case of water rate, for the supply of (0 water, and
(ii) in the case of conservancy rate, for the cleansing
of private latrines, urinals and cesspools.
(2) The assessment of the fee, water rate and
conservancy rate referred in in sub-section (1) shall be
made. on the basis of quantity of annual output of the
mine, at such rate, not exepeding,—
(i) in the case of the fee, rupees ten per hundred
metric tonnes,
The West Bengal Mining Settlements (Health and Welfare) 11
Act, 1914.
XX V et 1164.]
ti 'hapter .—Duties of owners and occupiers of lands,
buildings or structures in mining sett/aments.—
Sertion 24.-1'hapter .—The Mining Settlement Fund.
—Section 25.)
(ii) in the case of the water rate, fifteen paise
per metric tonne, and
(iii) in the case of the conservancy rate, twenty-five
pause per metric tonne,
as the Board niay fix with the previous approval of the
State Government.
(3) The fee, water rate or conservancy rate, imposed
under this section, shall be recoverable as a public demand.
(4) Subject to the approval of the State Government the
Board may, on such terms as may be prescribed, supply
water or render conservancy services to private persons,
Railway Authority, local authorities and industrial concerns
within the mining settlements.
24. (1) When any land whether within or without the
limits of a mining settlement is required for the purposes
of this Act, the State Government may, on the applicatiqn
of the Board, proceed to acquire it under the provisions of
the Land Acquisition Act, 1894.
(2) The Board shall be bound to pay to the State
Government the expenses of acquiring any land for the
Board on its application under the provisions of sub-
section (1). Such expenses shall include the compensation
awarded under the Land Acquisition Act, 1894, the charges
incurred by the State Government in acquiring the land
and the costs, if any, incurred by the state Government
in proceedings, subsequent to the acquisition, relating to
the enhancement of the award for the land.
(3) The State Government shall, on payment to it by
the Board of the expenses referred to in sub-section (2).
relating to the acquisition of any land, by notification, v est
the land in the Board, and thereupon the land shall vest
in the Board free from all incumbrances.
Aoquadtion
of land.
CHAPTER V.
THE MINING SETTLEMENT FUND.
25. (1) . Every mining settlement shall have a fund to
be called "the Mining Settlement Fund". Such fund shall
he vested in the Board, and there shall be placed to the
credit thereof— •
(a) all sums charged and received by the Board under
the provisions of this Act;
The Mining
Settlanionb-
VIttlft.
12 The West Bengal Mining Settlements (Health and Welfare)
dot, 1964.
Wed Sea. Aet
(Chapter V.—The Mining Settlement Fund.—Section 26.)
(b) all sums paid to the Board out of the Consolidated
Fund of the State by the State Government end
all sums borrowed by the Board under the Local
Authorities Loans Act, 1914, for the purpose of
carrying out the provisions of this Act;
all grants received from any local authority,
association or private person;
(d) all sums realized as expenses, fees, fines, penalties
or otherwise under this Act or the rules or by-laws made thereunder;
(e) all other sums received by or on behalf of the
Board.
(2) The custody and the investment of the money to the
credit of a Mining E'ettlement Fund shall he such as may
be prescribed.
Applies- 2C (1) A Mining Settlement Fund shall be applied for thei er the Fund. the following purposes, namely :—
(0)
9 of 1914
the payment of expenses incurred by the Board
for the purposes of this Act and the rules, by-
laws and regulations made thereunder;
(ii) the payment of contributions or grants for the
pr: v and control of epidemic and ether
tiireases and for welfare activities in the mining
settlement, including contributions referred to in
sub-section (2);
(iii) the payment of any .sums which the Board may be
liable to pay as interest on loans, and to the
re-payment of the principal of such loans;
(iw) the payment of the cost of audit;
(v) the payment of the salaries and allowances of the
officers and servants employed by the Board;
(vi) the payment of expenses incurred by the Board ru
providing medical assidance, in accordance with
regulations made under this Act, to the officers
end servants employed by the Board;
the payment of contributions to a provident or
annuity fund for the officers and servants.
employed by the Board;
the payment of pensions and gratuities to the
officers and servants employed by the Board and
to the members of the families of such officers
and servants;
(i)
(vet)
(44)
The West Bengal Mining Settlement: (health and Welfare) IS
Acts 7964.
XXV of 1964.1
(Chapter V 1.—Penalties.—Seotion 27.)
(iie) the payment of travelling allowances to members
of the Board ;
(z) the payment of any advances to the officers and
servants employed by the Board to enable them
to acquire or construct residences for themselves
or to enable them to purchase vehicles for use
by them in discharging the duties imposed on them by or under this Act;
(ss) the payment of any other lawful expenses or of
any expenses specially sanctioned by the State
Government.
(2) If any medical or public health institution.
hospital, dispensary or clinic is established and maintained
by the State Government within a mining settlement for
the benefit of persons residing within the settlement
including those employed in mines, the State Government
may require the Board to contribute such share of the
cost of establishment and maintenance of the institution,
hospital, dispensary or clinic, so established and
maintained, as the State Government may consider
reasonable.
OHAPTER VI.
PgRAILTI7Ni.
27. (1) Whoever obstructs any Health Officer or
Sanitary Inspector or other person duly authorised by a
Board to discharge any duties under this Act or the rules
or by-laws made thereunder in the discharge of such
duties or refuses or wilfully neglects to furnish him with
the means necessary for making any entry, inspection,
examination or inquiry thereunder in relation to any
mining settlement, or withholds any information necessary
for the purposes of such inquiry, shall be punishable
with imprisonment for a term which may extend to three
months, or- with fine which may extend to one thousand
rupees, or with both.
(2) Whoever makes, gives or delivers any notice or
return required to be given by or under this Act contain-
ing a statement, entry or detail which is not, to the
best of his knowledge or belief, true, shall be punishable
with fine which may extend to five thousand rupees.
(3) Whoever commits a breach of the requirements--
(a) of any notice or order made under any provision
of this Act or any rule, by-law or order made
thereunder, or
Penalties for e
14 The West Bengal Mining Settlements (Health and Welfare) Act, 1984.
Most Ilia. Ast
(Chapter V1.--Penalties.--Section 28.)
(h) of any provision of this Act or any rule, by-law
or order made thereunder,
offences by Isomposnieo.
for which no penalty is otherwise provided, shall be
punishable with fine which may extend to five thousand
rupees, and, in the case where such breach is a continuing
breach, with a further fine which may extend to one
hundred rupees for every day during which the breach is
proved to have been persisted in after the date on which
the regeirements become operative.
28. (1) If the person committing an offence punishable
under this Act is a company, every person in charge of
and responsible to the companyfor the conduct of its
nusiness at the time of the commission of the offence shall
he deemed to be guilty of the offence and shall be liable
to he proceeded against and punished accordingly
Provided that in the case of an offence punishable with
fine the company shall also be liable to be proceeded against
and punishe
i otwithstauding anything contained in sub-section
(1), where an offence punishable under this Act has been
committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any
neglect on . the part of, any director, manager, secretary
or other officer of the company, not being . a person deemed
under sub-section (1) to he guilty of the offence, such
director, manager, secretary or other officer shall be deemed
to be guilty of abetment of such offence and shall be liable
to be proceeded against and punished in the same manner
as the person deemed under sub-section (1) to be guilty of
the offence.
Explanotion.—For the purposes of this section—
(a) "company" means any body corporate and includes
a firm or other association of individuals, and
<b) "director" includes a share-holder and also—
(1) in relation to a firm, a partner in 'the firm, and
(ii) in relation to an association of individuals, a
member of the association.
The West Bengal Mining SettLaments (Health and Welfare) 1 Act, 1964.
XXV of INC]
(Chapter 171.—Miscellaneeits.—Sections 29-44.)
CHAPTER VII.
scEmsnicons.
29. No act or proceedings of a Board, and no act of
any of its officers, shall be called in question merely on
the ground of the existence of any vacancy in, or defect
iii the constitution of, the Board or any defect in the
appointment of such officer.
tiayhtg.
30. The provisions of this Act shall have effect Aot to
notwithstanding anything to the contrary contained in any override
other law for the time being in force or any instrument other laws.
made thereunder. etc.
31. All Health Officers and all Sanitary Inspectors
and such other officers and servants of a Board as the
State Government may specify by order made in dal,
behalf shall he deemed to be public servants within the
Act 46 of meaning of gertion 21 of the Indian Penal code.
1880.
32. No suit or other legal proceedings shall lie against
any person for anything done or intended to he done in
good faith under this Act or The rules, by-laws or
regulations made thereunder.
Health
°Moore,
Sanitary
Inverters
and other
otncen and
servants of
the Board
to be
public
aervante.
Protection
to persona
acting In
rood faith.
33. No person shall he liable for any breach of Protection
contract if such breach he due to an order from a Board fl__Pe.rions
under this Act or the rules, by-laws or regulations made oori da.g thereunder.
34. (1) The State Government may, by notification,
make, after previous publication, rules for carrying out the
purposes of this Act in respect of any mining settlement
or any group or class of mining settlements and different
rules may be made for different mining settlements or for
different groups or classes of mining settlements.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide
for—
(a) the time and manner of holding elections of
members of the Board under sub-section (1) of
section 7;
Power to
make
rules.
16 The West Bengal iftnvng Settlements (Health and
Welfare) Act, 1964.
(West Boa. Act
(Chapter P11.—Miscellaneous.--Section 34;)
(b) leave of members of the Board including leave of
the Chairman and the Vice-Chairman;
(o) the powers and procedure of the Board including
the calling of, and the conduct of business at,
meetings and the number of members required
to form a quorum thereat, the delegation to,
and exercise by. the Chairman of powers vested
in a Board, and the delegation by the Chairman
of his powers and functions to the Vice-Chairman
or any officer of such Board;
(d) the powers and duties of Health Officers and
Sanitary Inspectors;
(e) appeals from any orders . passed under this Act
where no specific provision exists in this Act
for such appeals;
(f) the manner in which and the terms and conditions
subject to which the imposition and assessment
of fees and rates referred to in section 23, may
be made by the Board;
(g) the control of expenditure to be incurred by the
Board ;
(h) the custody of the Mining Settlement Fund, the
maintenance of accounts of a Board and audit
thereof and the preparation and submission of
its estimates of income and expenditure ;
(i) the conditions as to sanitation, water supply,
safety of dwellers and public health, to which
buildings or structures within a mining
settlement should conform and controlling the
construction thereof ;
(j) determining the standards of accommodation in
cases where accommodation is provided by . a
Board or owners of mines within the mining
settlement for persons employed in mines;
(k) defining the medical assistance to be provided by
the owners of mines for their employees who
reside within a mining settlement;
(1) any other matter which may be or is required to
be prescribed.
(3) All rules so made shall be laid for not lees than
fourteen days before the State Legislature as soon as
possible after they are made and shall be subject to such
modification, if any, as the State Legislature may make
during the session in which they are so laid.
The West liengal Mining Settlements (Health and Welfare) 11
Act, 1964.
XXV of 11114.)
35 of 1952.
(Chapter V11.—Miscellaneous.—Seetionz .35, 36.)
(4) Any modification made by the State Legislature
under sub-section (3) in the said rules shall be published
by the State Government by notification, and shall, unless
some later date is specified in such notification in this
behalf, come into force on the date of such publication.
35. (1) Subject to such rules as may be made under Power of
section 34, a Board may, after previous publication, make miatlatd.: :°7. by-laws,—
(i) defining the duties of the owners of mines the
employees of which reside within the mining
settlement, and of all persons acting under
them, in respect of such mining settlement;
(ii) defining the matters in respect of which notices,
returns and reports shall be furnished by such
owners of mines, the form of such notices,
returns and reports, the persons and authorities
to whom they are to be furnished, and the
particulars to be contained therein;
kiii) defining the plans (if any) relating to the mines
to be kept by such owners of mines and the
manner and places in which they are to be
kept for purposes of record ;
(iv) providing for measures for the supply of filtered
or other water and for sanitation, drainage end
conservancy in the mining settlement;
providing for the taking of measures to prevent
the outbreak or spread of, and to combat,
epidemic and other diseases in the mining
settlement ;
(vi) providing for the prevention or abatement of
nuisances affecting the public health committed
by any person within the limits of the mining
settlement; and
(nil) generally for promoting the safety, health and
welfare of employees of mines residing within
the mining settlement.
(2) By-laws made under this section shall not take
effect until they have been submitted to, and confirmed and
published in the Official Gazette by, the ante Government.
36. Rules and by-laws made under this Act shall be Effect of
subject to, and shall have effect in so far as they are not rules and
inconsistent with, the provisions of the Mines Act, 1962 bi -1""'
and the rules and regulations made thereunder.
(v)
13 The West Bengal Mtning Settlements (flea4th and
Niel/nee) Act, 1964.
Power of
Board to
make
regulations
for certain
matters.
Mut Bic Act
((.'hapter Y•71. Ms. 37-39.)
37. (1) A Board may make regulations providing for--
(a) the payment of contributions or grants for the
pr •vention and control of epidemic and other
diseases and for welfare activities in the mining
settlement;
(b) the qualifications, recruitment, suspension, d is-.
missal, leave, salaries and allowances, medical
assistance, and other conditions of service, of
the officers and servants, other than Health
Officers, employed by the Board;
(c) the grant of pensions and gratuities out of the
Mining Settlement Fund to the officers and
servants of the Board other than Health Officers,
including the grant of pensions and gratuities
to members of the families of such officers and'
servants of the Board as have died of any disease
contracted or injury suffered in the discharge of
duties imposed. by or under this Act which were
attended with extraordinary bodily risk;
(ti) the creation and management of a provident or
annuity fund, contributions to be made thereto
by officers and servants of the Board, other than
Health Officers, and by the Board ;
(e) the payment of advances to 'the officers and servants
of the Board for the purpose of enabling them
to acquire or construct residence for themselves
or to purchase vehicles for use by them iii
discharging the duties imposed on them by or
under 'this Act.
(2) Regulations made by the Board under sub-section
'(.1) shall not take effect until they have. been submitted to,
and confirmed by, the State Government.
(3) The State Government may rescind any regulation
which it has confirmed and thereupon such regulation
shall cease to have effect.
Prosecu-
tion at the
instance of
the limed.
Cognizance
of offences.
38. No prosecution shall be instituted for any offence
under this Act or -under any rule, by-law or order made
thereunder, except under the authority of the. Board.
39. No Magistrate other than a Magistrate of the
first class or a Subdivisional Magistrate shall try any
offence under this Aot or under any rule, by-law or order
made thereunder which is ,punishable •with imprisonment.
The West Bengal Mining Settlements (Health and Welfare) 19
Act, 1964.
XXV of 1914.]
(Chapter Vll.—Miscellaneous.—Sections 40-43.)
40. A Board shall have all the powers of a Civil Court
for the purpose of enforcing the attendance of witnesses
and compelling the production of documents; and every
person required by the Board to furnish information before
it shall be deemed to be legally bound to do so within the
Act 45 of meaning of section 176 of the Indian Penal Code. 1800.
41. Any notice under section 19 shall, unless the
contrary is proved, be deemed to have been duly served
after seven days have elapsed from the date of its despatch
by registered post to the usual place of residence or business
of the person to whom it is addressed.
42. (I) The Director of Health Services, West Bengal,
or any other officer specially authorised by the State
Government in this behalf, shall be entitled—
(a) to inspect any movable or immovable property used
or occupied by a Board or any work in progress
under its direction;
(b) to inspect any work or institution constructed or
maintained in whole or in part at the expenses
of a Board and all registers, books, accounts or
other documents relating thereto;
(o) to supervise the work of the Health Officers of a
Board and to record, in writing, for the
consideration of the Board, any observations he
thinks proper in regard to the promotion of
public health and welfare services within the
mining settlement;
(d) to attend meetings of a Board and to address its
members on. any matter relating to public
health and welfare services within the mining
settlement.
(2) Every Board shall furnish such statements,
accounts, reports or copies of documents as may be called
for from time to time by the Director of Health Services,
Bengal, or such other officer as the State Government
may authorise in this behalf.
43. The State Government may, if it is of opinion that
any order passed under this Act by a Board or any officer
or servant of the Board is unreasonable or would work
hardship or be not in the public interest, rescind or modify
such order.
Powers of
Mines Board of Health
for obtain-
ing evi-
dence.
Service of
notices.
Power of
Direotor
of Health
Services,
West
Bengal.
Power of
State
Govern-
ment to
alter or
rescind
orders.
The West Bengal Mining Settlements (Heath and 20
Welfare) Art, 1964.
[West Ban. Act XXV of 1084.]
Board to
comply
with
direotiom
of the
State
Govern-
meat.
(Chapter VII.—Misaellaneous.—Seation. 44.)
44. (1) A Board shall comply with all such directions as
may be given to it from time to time by the State Govern-
ment having regard to the provisions of this Act.
(2) If at any time it appears to the State Government
that a Board has made persistent default in carrying out
any direction given to it under sub-section (1), whether in
relation to the functions of the Board referred to in section
18 or otherwise, the State Government may, by order in
writing, fix a time for the carrying out of such direction.
(3) If within the time so fixed such direction is not carried
out, the State Government may, by order in writing,
appoint an officer not below the rank of District Magistrate
to

Excerpt shown. Open the full act in Lexace.

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