Section 76:
Determination of owner in certain cases.
1[76.Determination of owner in certain cases.--Where the owner of a mine is a firm or other
association of individuals, all, or any of the partners or members thereof or where the owner of a mine
is a company, all or any of the directors thereof or where the owner of a mine is a Government or any
local authority, all or any of the officers or persons authorised by such Government or local authority,
as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this Act
for any offence for which the owner of a mine is punishable:
2[Provided that where a firm, association or company has given notice in writing to the Chief
Inspector that it has nominated,--
(a) in the case of a firm, any of its partners or managers;
(b) in the case of an association, any of its members or managers;
(c) in the case of a company, any of its directors or managers,who is resident, in each case in any place to which this Act extends and who is in each case either in
fact in charge of the management of, or holds the largest number of shares in such firm, association or
company, to assume the responsibility of the owner of the mine for the purposes of this Act, such
partner, member, director or manager, as the case may be, shall, so long as he continues to so reside
and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the
mine for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he
has ceased to be a partner, member, director or manager, as the may be, is received by the Chief
Inspector.
Explanation.--Where a firm, association or company has different establishments or branches or
different units in any establishment or branch, different persons may be nominated under this proviso
in relation to different establishments or branches or units and the person so nominated shall, with
respect only to the establishment, branch or unit in relation to which he has been nominated, be
deemed to be the owner of the mine.]]
Notes:
1. Subs. by Act 62 of 1959, s. 41, for section 76 (w.e.f. 16-1-1960).
2. Subs. by Act 42 of 1983, s. 41, for the proviso (w.e.f. 31-5-1984).