Section 18:
Duties and responsibilities of owners, agents and managers.
1[18. Duties and responsibilities of owners, agents and managers.--(1) The owner and agent of
every mine shall each be 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 regulations,
rules, bye-laws and orders made thereunder.
(2) The responsibility in respect of matters provided for in the rules made under clauses (d), (e)
and (p) of section 58 shall be exclusively carried out by the owner and agent of the mine and by such
person (other than the manager) whom the owner or agent may appoint for securing compliance with
the aforesaid provisions.
(3) If the carrying out of any instructions given under sub-section (2) or given otherwise than
through the manager under sub-section (3) of section 17, results in the contravention of the provisions
of this Act or of the regulations, rules, bye-laws or orders made thereunder, every person giving such
instructions shall also be liable for the contravention of the provisions concerned.
(4) Subject to the provisions of sub-sections (1), (2) and (3), the owner, agent and manager of
every mine shall each be responsible to see that all operations carried on in connection with the mine
are conducted in accordance with the provisions of this Act and of the regulations, rules, bye-laws and
orders made thereunder.
(5) In the event of any contravention by any person whosoever of any of the provisions of this Act
or of the regulations, rules, bye-laws or orders made thereunder except those which specifically
require any person to do any act or thing or prohibit any person from doing an act or thing, besides the
person who contravenes, each of the following persons shall also be deemed to be guilty of such
contravention unless he proves that he had used due diligence to secure compliance with the
provisions and had taken reasonable means to prevent such contravention:--
(i) the official or officials appointed to perform duties of supervision in respect of the
provisions contravened;
(ii) the manager of the mine;
(iii) the owner and agent of the mine;
(iv) the person appointed, if any, to carry out the responsibility under sub-section (2):
Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry
and investigation,that he is not prima facie liable.
(6) It shall not be a defence in any proceedings brought against the owner or agent of a mine
under this section that the manager and other officials have been appointed in accordance with the
provisions of this Act or that a person to carry the responsibility under sub-section (2) has been
appointed.]
Notes:
1. Subs. by s. 13, ibid., for sub-sections 17 and 18 (w.e.f. 31-5-1984).