Andhra Pradesh (TA) Mining Settlements Act 1956
Declaration of area as Mining Settlement:- (1) Whenever it appears to the Government that it is necessary to provide for the control, sanitation and housing for workers of any area within which persons employed in a mine reside and for the prevention in such area of the outbreak and spread of epidemic diseases, the Government may, by notification, published in the Official Gazette and in such other manner, if any, as it may determine, intimate its intention to declare such area to be a Mining Settlement for the purposes of this Act.
(2) The Government shall consider any objection or suggestion
in regard to the intended declaration which may be submitted to it
in writin
Formation and incorporation of Mines Board of Health:- (1) The government may, by notification in the Official Gazette, establish a Board to be called the Mines Board of Health, for carrying out the purposes of this Act in any Mining Settlement specified in such notification.
(2) The said Board shall, by the name of the Mines Board of
Health of the area by reference to which the Mining Settlement is
known, be a body corporate and shall have perpectual succession and
a common seal with power to hold and acquire property, both movable
and immovable, and subject to such restrictions as may be prescribed,
to transfer any such property held by it any, to do and other thing
Constitution of the Board:- (1) The Board shall consist of not less than seven nor more than thirteen members of whom
(i) two or such larger number, not exceeding four, as the Government may determine, shall be elected by owners of mines within the Mining Settlement or their representatives;
(ii) two or such larger number, not exceeding four as the Government may determine, shall be officials nominated by the Government;
(iii) two or such larger number, not exceeding four shall be elected by person employed in the mines within, the Mining Settlement;
Chairman and Vice Chairman:- (1) The Chairman of the Board shall be appointed by the Government, from among the members of the Board.
(2) The Vice Chairman shall be elected by and from among the members of the Board in such manner as may be prescribed.
Notification of elections and nominations:- Every election or nomination made under Section 5 or 6 shall be forthwith notified in the Official Gazette and the persons elected or nominated shall enter their respective offices from the date of such notification.
Removal of Chairman, Vice Chairman or of non official members from office:- (1) On the recommendation of, or after consultation with the Collector, the Government may remove from the Board the Chairman or Vice Chairman or any other non official member who
(a) refuses to act or becomes incapable of acting as such or has absented himself from three consecutive meetings of the Board and is unable or unwilling to account satisfactorily for his absence in the case of the Vice Chairman or any other member to the Chairman and in the case of the Chairman to the Collector; or
(b)
being a legal practitioner in any legal
Resignation:- No resignation tendered by the Chairman or Vice Chairman or any other member of the Board shall be valid until it has been accepted by the Government.
Filling up of causal vacancy:- Every vacancy in the Board due to the death, resignation or removal of the Chairman or Vice Chairman or any other member of the Board or to his becoming incapable of acting as such or to his otherwise ceasing to be such Chairman, Vice Chairman or member previous to the expiry of the term of his office shall be filled by election or nomination, as the case may be, of a person thereto who shall hold office so long only as the Chairman or Vice Chairman or other members in whose place he is elected or nominated would have held it if the vacancy has not occurred.
Powers of Chairman:- The Chairman may discharge such function and exercise such powers as are imposed or conferred upon him by this Act or the rules and bye laws made thereunder or as may, subject to the prescribed restrictions (if any), be delegated to him by the Board.
Delegation of powers to Vice Chairman etc:- The Chairman may, subject to the prescribed restrictitions, by written order, delegate to the Vice Chairman or any officer of the Board, all or any of the powers or functions assigned to the Chairman by this Act or by the rules made thereunder, and may, at any time by written order, withdraw or modify any such order of delegation;
Provided that nothing done by the Vice Chairman which might
have been done under the authority of a written order from the Chairman,
shall be invalid for want of, or for any defect in, such written order,
if it be done with the express or implied consent of the Chairman
previously or subsequently
Application of the Hyderabad Civil Service Regulations and certain other Rules:- Unless otherwise provided for in this Act or prescribed thereunder, the provisions of Hyderabad Civil Service Regulations for the time being in force relating to salaries, leave, pension, travelling allowance, retirement and other conditions of service and the rules for the time being inforce relating to the conduct of Government Servants and enquiries into their conduct and penalty, shall apply to the officers and servants of the Board.
Appointment of officers and servants:- Subject to the provisions of this Act, and the rules made thereunder the Board may appoint such officers and servants as it shall deem necessary and proper for the efficient execution of its duties and shall from time to time prepare a schedule of the staff to be so maintained setting forth their designations, grades, salaries, fees and allowances and their respective duties and may also determine which of the staff is to be maintained permanently and which temporarily;
Provided that in so setting forth and determining the grades,
salaries, fees and allowances, the Board shall have regard to the
arrangements pr
Hyderabad area and Local Government Service:- (1)
There shall be constituted for the purposes of this Act and of any
other law for the time being in force regulating the duties and powers
of Municipal Corporations, Municipalities and District Boards, a Hyderabad
Area Local Government Service consisting officers and servants. Such
service may include Executive Officers, Medical Officers of Health,
Local Government Engineers, Water Works Engineers, Supervisors, Sanitary
Inspectors and such other posts as may be deemed necessary. The powers
of appointment, transfer and dismissal of the officers belonging to
the said service, of taking disciplinary action against them and of
prescribing co
Appointment of Technical and Inspecting Officers:- (1) The Government may appoint for the purposes of this Act and of the laws for the time being in force regulating the duties and powers of the Municipal Corporations, District Boards and Municipal and Town Committees duly qualified persons to be Superintending Engineers, Divisional Engineers, Town Planning Officers, Architects or inspecting or other officers for the whole or any part of the area to which this Act extends and may sanction such establishment of the said officers as may be deemed necessary.
(2) The officers and establishment appointed under subsection
(1) shall belong to the Local Government Service
Punishment and dismissal of the employees:- The power of dismissing any officer or servant maintained by a Board, save those borne on the Hyderabad area Local Government Service Cadre shall, subject to the provisions of this Act and the rules made thereunder, vest in the Board.
Power of Government to transfer officers and servants of Board:- Notwithstanding anything contained in this Chapter, the Government shall have power to transfer any officer or servant of one Board to the service of another Board or any District Board constituted under the Andhra Pradesh (Telangana Area) District Board Act, 1955 (Act of 1956). Or any Municipality constituted under the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 Act XVIII of 1956) or any Corporation constituted under the Hyderabad Municipal Corporations Act, 1955 or any other local body:
Provided that such power shall be exercised after consulting
the local bodies concerned.
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Appointment of Executive officer, Medical Officer of Health and Sanitary Inspectors, etc:- (1) The Government may appoint an Executive Officer of a Mining Settlement, who shall, subject to the provisions of this Act and the rules and bye laws made thereunder be directly responsible for carrying out the purposes of this Act;
Provided that in case no Executive Officer is appointed for a mining Settlement, the Medical Officer of Health appointed under sub section (2) shall be deemed to be the Executive Officer of that Mining Settlement.
(2) The Government may appoint for a mining Settlement or
any Part thereof a Medical Officer of He
Powers and duties of officers:- (1) Every officer appointed under Section 19 shall be subordinate to the Board and shall, within the area for which he has been appointed, exercise and perform the powers and duties conferred and imposed on him by this Act and the rules made thereunder, and, subject to the control of the Board, such other powers and duties consistent with the objects of this Act as the Government may, by general or special order, direct, or as may be delegated to him by the Board.
(2) Every officer appointed under Section 19 may, within the Mining Settlement or part thereof for which he has been appointed
(a)
Members, Officers, etc., to be pubic servants:- Every member of the Board and every Officer and servant maintained by or employed under the Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
Procedure in meetings of Board:- The provisions of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 (Act XVIII of 1956) shall be followed, so far as may be, for holding meetings of the Board and the procedure to be adopted in such meetings.
Vacancy or irregularity not to invalidate proceedings:- No act of the Board or of any person acting as Chairman, Vice Chairman or member thereof shall be deemed to be invalid by reason only of some defect in the appointment of such Board or the election or appointment of such Chairman, Vice Chairman or member or on the ground that they or any of them were disqualified for such office or that formal notice of the intention to hold a meeting of the Board was not duly given or on account of any vacancy in the Board or for any other formality.
Mine owner to provide house accommodation, etc., for labours:- Every owner of a mine within a Mining Settlement shall provide for labourers employed in the mine such house accommodation, water supply and sanitary arrangements and medical assistance as the Board may, by bye laws require.
Facilities to be afforded to officers:- Every owner, agent and manager of a mine in which are employed persons residing in any Mining Settlement and every owner or occupier of any land or building within such Settlement shall furnish the Medical Officer of Health or Sanitary Inspector or any other competent officer appointed under Section 19, on requisition with all reasonable facilities for entering upon any premises or land and making any inspection, examination or inquiry under this Act in relation to the sanitary and housing condition of such Settlement.
Power to execute measures:- Subject to the prescribed restrictions, the Board may undertake such measures as it considers necessary, on the recommendation of the Medical Officer of Health or otherwise,
(i) to provide for the supply of wholesome water;
(ii) to provide for sanitation, drainage or conservancy;
(iii) to prevent the outbreak and spread of epidemic disease;
(iv) to provide for and regulate the housing of residents, whether permanent or temporary;
(v)
to provide for the proper treatment of the sick,
Power to require owner or mine and others to execute measures:- (1) If the Board is satisfied that it is necessary that measures should be taken for any of the purposes specified in Section 26 in any part of the Mining Settlement and that the necessity for such measures is distinctly referable to any act or omission in respect of his property on the part of the owner of any mine in which are employed persons resident in the Mining Settlement, the Board may, by a notice specifying the measures to be taken, require such owner at his own cost
(i)
to execute, within a period to be fixed in the notice,
all works which the Board may consider necessary for ca
Objection against requisition:- Any person who is required by a notice under sub section (1) or (2) of Section 27 to do anything may prefer an objection in writing to the Board within five days from the date of service of the notice and the Board shall, after considering the objection, record an order withdrawing, modifying or making absolute the requisition against which the objection is preferred; or substituting for such requisition a declaration under sub section (3) of Section 27, if the Board, for reasons to be recorded, is satisfied that immediate remedy is necessary.
Powers to execute on default of owner:- If any work
required by a notice under sub section (1) of Section 27 be not executed,
or if the order required to be taken under sub section (2) of Section
27 be not taken, to the satisfaction of the Board, within the period
fixed by the notice or within such further period (if any) as may
be allowed by the Board, or if any work executed in pursuance of a
notice under sub section (1) of Section 27 be not maintained in repair
to the satisfaction of the Board, or if any operations required by
any such notice be not carried on to the satisfaction of the Board,
or , in any case in which a declaration has been made under sub section
(3) of Section 27, the Board may caus
Appeal from orders under Section 27(3) or 28:- Any person aggrieved by an order passed under Section 28 or by a declaration under sub section (3) of Section 27 may appeal to the District Judge, within whose jurisdiction the Mining Settlement is situated, within thirty days from the date of such order or declaration.
The Mining Settlement Fund:- For every Mining Settlement there shall be formed a fund to be called "The Mining Settlement Fund" of the area by reference to which the Mining Settlement is known. This fund shall be vested in the Board and there shall be placed to the credit thereof in a district or sub divisional treasury or in bank or its branch used as a Government treasury
(a) all sums charged and recovered by the Board under this Act and the rules and bye laws made thereunder;
(b)
all rents and profits accruing from properties and utility
services acquired or maintained by the Board out of the Mining Settlement
Fund or an
Application of the mining settlement fund:- (1) The Board shall set apart and apply annually out of the Mining Settlement Fund
(a) firstly, such sum as may be required for the payment of any amounts falling due on any loan legally contracted by it;
(b) secondly, such sums as may be required to meet the expenditure on account of its own establishment under Section 14 and the contribution made towards the Local Government Service under Section 15; and
(c) thirdly, the cost of the construction and maintenance of buildings used for the offices of the Board.
Annual Budget Estimates:- (1) Every year the Board shall, on or before a date fixed by the Government in this behalf, prepare and forward annual budget estimates of income and expenditure to the Government through the Collector for sanction.
(2) The Government, before sanctioning the estimates may after referring the estimates back to the Board or without such reference, make such changes therein as it may deem necessary.
(3) The Government, may from time to time issue necessary directions to the Board regarding preparation of annual budget estimates.
Accounts:- (1) The Board shall keep such accounts and submit such statements to the Government as may be prescribed.
(2) The account of the receipts and expenditure of the Board shall be maintained upto the last day of every financial year in such form as may be prescribed. The annual accounts under this sub section and the accounts kept under sub section (1) shall be examined and audited, as soon as may be, after the end of each financial year by such person as the Government may appoint in this behalf.
(3) An abstract of every annual account of the Board showing
the income of the Mining Settlement Fund under each head of receipts,the
[ ]
Other taxes:- The Board may, with the previous sanction of the Government, impose, in the whole or any part of the Mining Settlement, any of the following taxes at such rates and from such date or dates as the Government may determine, namely:
(a) property tax;
(b) profession tax,
(c) vehicle and animal tax;
(d) tolls;
(e) general water tax;
(f) pilgrim tax;
(g) tax on public entertainments and amusements;
(h) tax on
Fees, etc:- Subject to such rules as may be prescribed, the Board may collect the following fees:
(a) market fees for the right to exhibit goods for sale in any public market or in any place belonging to or under the control of the Government or of the Board, or for the use of any building or structure therein;
(b) fees for the registration of animals sold within the Mining Settlement ;
(c) fees for animals brought for slaughter in the Board's slaughter houses.
Water pipe connection fee:- With the previous sanction of the Government and subject to such rules as may be prescribed the Board may levy and collect fees for the supply of water though private pipe connections.
Power to charge fees for licence:- If any licence is granted by the Board under this Act or the rules or bye laws made thereunder, or if permission is given by the Board for making any temporary occupation of any public street, the Board, or any person generally or specially authorised by it in this behalf, may charge a fee for such licence or permission.
Power to charge rent or fees for the use of buildings or lands:- The Board, or any person generally or specially authorised by it in this behalf, may collect such rent or fees as may be fixed by rules or bye laws made under this Act for the use of any building owned, or controlled by the Board.
Power of Inspection, etc:- (1) The Government or any officer not below the rank or a Collector duly authorised by Government in this behalf may
(a) inspect or cause to be inspected any immovable property or any work in progress under the control and management of any Board;
(b) call for any extract from the proceedings of the Board or any Committee appointed by the Board and call for an inspection of any book or document in the possession of or under the control of the Board or Committee;
(c)
require the Board or any officer of the Board or a Committee
of the Board to furnish any
Power of Government to provide for performance of duties in default of the Board:- (1) Where the Government is informed on a complaint or otherwise that a Board has made default in performing any duty imposed on it by or under this Act or by or under any enactment for the time being in force, the Government if satisfied after such enquiry as it thinks fit, that the Board has been guilty of the alleged default, may direct the performance of that duty within such period as may be fixed therefor.
Provided that no such period shall be fixed unless the Board has been given an opportunity to show cause why such orders shall not be made.
Dissolution and reconstitution of Board:- (1) If in the opinion of the Government, the Board persistently makes default in performing the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its powers or a situation exists in which the administration of the Board cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the Board is threatened, it may, by notification published in the Official Gazette, direct that the Board be dissolved and reconstituted. The notification shall specify the time within which the Board shall be so reconstituted:
Provided that, for
(1) No appeal shall lie against any order made under this Act or any rules or bye laws made thereunder except as provided for in this Act or such rules or bye laws.
(2) An appeal may be admitted after the period prescribed therefor under this Act or the rules or bye laws made thereunder, if the appellant satisfies the appellate authority that he has sufficient cause for not preferring the appeal within such period.
(3) In every appeal the appellate authority may award costs
in his discretion. Costs awarded to a Board shall be recoverable by
the Board as though they were arrears of land revenue due from the
appellant. If the Board fail
Power of Revision:- The Government may at any time for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed by or as to the regularity of the proceedings, of, the Board or officer subordinate to the Government or the Board acting in the exercise of any power or authority conferred by or under this Act, call for and examine the record of any case pending before, or disposed of by, such Board of officer and may pass such order with reference thereto as it thinks fit;
Provided that no order shall be reversed unless notice has been given to the parties interested to appear and be heard in support of such order.
Power of Board to delegate its powers:- (1) The Board may delegate all or any of its powers under this Act or the rules and bye laws made thereunder except the power to make bye laws to the Chairman, Executive Officer, Medical Officer of Health or any other officer or servant of the Board or with the approval of the Government, to any other officer.
(2) The Board shall have power at any time to rescind, modify or withdraw the powers so delegated.
Mode of proof of the Board's records:- A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of the Board shall, if duly certified by the legal keeper thereof, or other person authorised by any bye law in this behalf, be received as prima facie evidence of the existence of the entry or document, and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.
Restriction on summoning servants of the Board to produce documents:- No officer or servant of the Board shall in any legal proceeding to which the Board is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the court made for special cause.
Powers and duties of police in respect of offences and assistance to authorities:- Every police officer employed within the limits of a Mining Settlement shall give immediate information to the Board of any offence committed against any provision of this Act or the rules or bye laws made thereunder and shall be bound to assist all members, officers and servants of the Board in the exercise of their lawful authority.
Penalities for offences:- (1) Whoever obstructs any Executive Officer, Medical Officer of Health or Sanitary Inspector or any other officer appointed under Section 19 in the discharge of his duties under this Act or the rules or bye laws made thereunder, 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 withhold any information, necessary for the purposes of such inquiry, shall be punishable with fine which may extend to five hundred rupees.
(2) Whoever makes, gives or delivers any notice or return
required by or under this Act which contain
Cognizance of offences:- (1) No Court inferior to that of a Magistrate of the first class shall try any offence against this Act or any rule, bye law or order thereunder.
(2) Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or bye law made thereunder, except on the complaint of, or upon information received from the Board of any person authorised by the Board in this behalf.
(3) The Board may authorise any person to make complaints
or give information without previous reference to the Board, either
generally in regard to all offences against this Act and any rules
Limitation for prosecutions:- No prosecution for an offence under this Act or any rule or bye law made thereunder shall be instituted except within three months next after the commission of such offence.
Power to compound offence:- (1) The Board or with the authorisation of the Board, its Chairman or any other officer empowered in this behalf may compound any offence against this Act or any rule or bye law made thereunder which under the law for the time being in force may legally be compounded.
(2) On payment of the amount by way of composition no further proceedings shall be taken or continued against the defaulter in regard to the offence or alleged offence so compounded.
(3) Authorisation under sub section (1) to accept composition
for alleged offences may be given by the Board either generally in
regard to all offences under this
Bar of suit in respect of act done in good faith:- No suit shall be maintainable against the Board or any member, officer or servant thereof or any person acting under the directions of any such Board, member, officer or servant in respect of anything lawfully and in good faith and with due care and attention done under this Act or any rule or bye law made thereunder.
Bar of suit in absence of notice:- No suit shall be
instituted against the Board or any member, officer or servant thereof
or any person acting under the direction of any such Board, member,
officer or servant for anything done or purporting to be done under
this Act, until after the expiration of two months next after a notice
in writing, stating the cause of action, the name and place
of abode of the attending plaintiff and the relief which he claims.
Such notice shall be in the case of a Board delivered or left at its
office and in the case of any such member, officer, servant or person
as is aforesaid, delivered to him or left at his office or usual place
of abode and the plaint shall contain a statem
Power of Board to compromise suits:- Subject to rules made under this Act, a Board may compromise any suit instituted by or against it, or any claim or demand arising out of any contract entered into by it in accordance with this Act for such sum of money or other compensation as shall be deemed sufficient.
Powers of Board for obtaining evidence:- The Board shall have 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 meaning of Section 176 of the Indian Penal Code.
Mode of Service of notice, etc:- When any notice, bill, summons or other document is required by this Act, or by any rule, regulation or bye law made thereunder to be served upon or issued or presented to any person or owner or occupier of such service, issue or presentation shall be made
(a) by delivering or tendering to such person a copy thereof signed by the Executive Officer or any officer authorised in this behalf;
(b) if there are more than one owner or occupier, by delivering or tendering a copy thereof to any one of the owners or occupiers;
(c)
wherever it is practicable, service
Delegation of powers by Government:- The Government may by notification delegate any of its powers under this Act except the power to make rules, to the Board or any authority which it may deem fit.
General provisions regarding rules:- (1) All rules for which provision is made in this Act shall be made by the Government and shall be laid before the Legislature Assembly.
(2) Such rules may be general for all Boards or may be special for the whole or any part of the area subject to the jurisdiction of any one or more Boards, as the Government may direct.
(3) All rules shall be subject to previous publication.
(4) In making any such rules the Government may direct that
a breach thereof shall be punishable with fine which may extend to
five hundred rupees and where the breach is a continuing one with
Matters as to which rules may be made:- (1) Without prejudice to any power specially conferred by this Act, the Government may make rules genarally for the purpose of carrying into effect all or any provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules with regard to
(i) elections under sub section (1) of Section 5 and sub section (2) of Section 6;
(ii)
regulation or creation of posts, appointments, transfers, punishments
and sanction of leave to the employees of the Board referred to in
Section 14 and
General provision regarding bye laws:- (1) All bye laws for which provision is made under this Act shall be made by the Board at a special meeting and shall be consistent with this Act and with the rules made thereunder.
(2) A bye law may be general for the whole area under the jurisdiction ofthe Board or Special for any part of such area, as the Board may direct.
(3) No bye law shall take effect until it has been confirmed by the Government.
(4) No bye law shall take effect until it has been published in the manner prescribed.
(5) In making any bye law Board
Matters as to which bye laws may be made:- In addition to any power of making bye laws specially conferred by this Act, the Board may make bye laws
(i) prescribing the duties of owners, agents and managers of mines in respect of the Mining Settlement and of all persons acting under them;
(ii) prescribing the matters in respect of which notices, returns and reports shall be furnished by owners, agents and managers 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 in them;
(iii)
Definitions:- In this Act unless there is anything repugnant in the subject or context
(1) the expressions "agent", "employed" "mines" and "owner", when used in relation to a mine have the same meaning as in Section 2 of the Mines Act, 1952;
(2) "Board" means a Mines Board of Health established under this Act;
(3) "market" means a place for the sale of goods or animals publicly exposed where, ordinarily or periodically at least four shops, stalls or sheds are set up or where at least twenty five animals are brought for sale;
(4) occupier , when used in relati
Short title, extent and commencement:- (1) This Act may be called the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956.
(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh.
(3) It shall come into force on the date of its publication in the Official Gazette.
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