Bare ActsThe Nagaland (Ownership & Transfer of Land and its Resources Act,1990

Section 26

Amendment status not verified — confirm the current text below against the official source.

(1) Whenever there occurs in any land in which any prospecting operation is being carried on or in a mine : (a) an accident causing loss life or serious bodily injury; or (b) an explosion, ignition, spontaneous heating, outbreak of fire or eruption or inrush of water or other liquid matter; or (c) an influx of inflammable or noxious gases; or (d) a breakage of ropes, chains or other gear by which persons or materials are lowered, raised in a shaft or an incline; or (e) an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or (f) a premature collapse of any part of the workings, or (g) Any other accident which may be prescribed, the holder of the prospecting licence or, as the case may be, mining lease shall give notice of such accident to such authority and within such time as may be prescribed and shall simultaneously post one copy of the notice on a special notice-board in the prescribed manner at place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the notice-board for not less than fourteen days from the date of such posting. (2) Where an accident, of which notice has been given under Sub- section (1), causes loss of the life prescribed authority shall hold an inquiry into the occurrence within two months of the receipt of the notice. (3) Where any bodily injury to any person is caused, whether by reason of an accident of which notice has been given under Sub- section (1) or otherwise. resulting in the enforced absence from work of the person injured for a period exceeding twenty-four hours, the holder of the prospecting licence or, as the case may be, mining lease shall enter in a register in the prescribed form and copies of such entries shall be furnished to the prescribed authority. (4) Wherever there occurs in or about a land in which prospecting operations are being carried on, or in any mine, an accident causing loss of life or serious bodily injury to any person, the place of the accident shall not be disturbed or altered before the arrival, or without the consent, of the prescribed authority to whom the notice of the accident is required to be given under Sub-section (I), unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased or to rescue any person from danger or unless discontinuance of work at the place of accident would seriously impede the prospecting operation or of the mine; Provided that where the prescribed authority fails to inspect the place of the accident within seventy-two hours of the time of the accident, work may be resumed at the place of the accident. Power of State Government to appoint a Court of Inquiry in case of accidents

Section 26 – The Nagaland (Ownership & Transfer of Land and its Resources Act,1990 | DailyLaw.ai