The West Bengal Mining Settlements ( Health And Welfare ) Act, 1964
west-bengal · 1964
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- S. 1(1) This Act may be called the West Bengal Mining Settlements (Health and Welfare) Act, 1964
- S. 2Repeals the Bengal Mining Settlements Act, 1912, and transfers its properties and functions to the West Bengal Mining Settlements (Health and Welfare) Act, 1964.
- S. 3In this Act, unless there is anything repugnant iu tions
- S. 4(1) Whenever it appears to the State Government Deviate
- S. 5Section 5 exempts areas within municipalities from the provisions of the West Bengal Mining Settlements (Health And Welfare) Act, 1964.
- S. 6( 1) The-late lioverunient may, by notification, establish a Mines Board of health for a mining settlement
- S. 7Section 7 establishes a Board with 16-17 members, including elected and appointed officials, to oversee mining settlements' welfare.
- S. 9Section 9 outlines the resignation, leave of absence, and filling of casual vacancies for the Chairman, Vice-Chairman, and other members of the West Bengal Mining Settlements (Health and Welfare) Board.
- S. 10Section 10 allows the Board to delegate its powers and duties to the Chairman and can withdraw or modify such delegations.
- S. 11Section 11 allows the Chairman to delegate or withdraw powers assigned to him by the Act to the Board's Vice-Chairman or officers.
- S. 12Section 12 establishes a Board to appoint Health Officers for mining settlements, consulting the State Government.
- S. 13Section 13 authorizes a Board to determine staff numbers and salaries, and to appoint and define the jurisdiction of Sanitary Inspectors and other officers, with State Government approval.
- S. 14Section 14 outlines the duties and powers of Health Officers and Sanitary Inspectors in mining settlements to ensure compliance with the Act.
- S. 15Section 15 mandates buildings in mining settlements to meet sanitation and safety standards, allowing the Board to demolish unsafe structures and compensate owners for pre-existing buildings.
- S. 16Section 16 allows appeals to the District Judge within 30 days against orders or decisions under section 15.
- S. 17Section 17 mandates landowners within mining settlements to provide access for health inspections by designated officials.
- S. 18Section 18 mandates the provision of health and sanitation services in mining settlements, including water supply, sanitation, disease prevention, and medical care.
- S. 19Section 19 empowers the Board to require owners or occupiers to execute and maintain works or take measures to prevent public health nuisances at their expense.
- S. 20(1) Any person
- S. 21Section 21 allows the Board to take and recover costs for measures or repairs if the owner or occupier fails to comply.
- S. 22Section 22 allows appeals against certain declarations and orders, and outlines conditions for execution costs if appeals are allowed.
- S. 24Section 24 allows the state government to acquire land for the act's purposes and directs the Board to pay acquisition expenses.
- S. 25(1)
- S. 27Section 27 penalizes obstruction of health officers and breaches of mining settlement regulations with fines and imprisonment.
- S. 28Section 28 holds company officers liable for offenses committed by the company, with specific provisions for directors, managers, and other officers.
- S. 29Section protects the Board's actions and officers from legal challenges due to vacancies or appointment defects.
- S. 30Section 30 overrides any conflicting provisions in other laws for the Act's enforcement.
- S. 31Section 31 deems certain health and sanitation officers as public servants under the Indian Penal Code.
- S. 32Section 32 protects individuals acting in good faith under the Act from legal proceedings.
- S. 33No person shall he liable for any breach of Protection contract if such breach he due to an order from a Board fl__Pe
- S. 34Section 34 empowers the State Government to create rules for implementing the Act's provisions in mining settlements.
- S. 35(1) Subject to such rules as may be made under Power of section 34, a Board may, after previous publication, make miat
- S. 36Section 36 ensures that rules and by-laws under the Act align with the Mines Act, 1962 and its regulations.
- S. 37Section 37 empowers the Board to make regulations for welfare, pensions, and conditions of service for Board employees, subject to State Government confirmation.
- S. 38Section 38 prohibits prosecution for violations of the Act without the Board's authorization.
- S. 39Section 39 limits trial of certain mining settlements offenses to first-class or subdivisional magistrates.
- S. 40Section 40 grants the Board all civil court powers to compel witness attendance and document production.
- S. 41Section presumes a notice under section 19 is served seven days after dispatch by registered post.
- S. 42Section 42 authorizes the Director of Health Services to inspect and supervise mining settlement health services and mandates boards to provide requested health-related documents.
- S. 43The State Government can rescind or modify any order deemed unreasonable or against public interest under the Act.
- S. 44Section 44 empowers the State Government to enforce compliance from the Board and appoint an officer to enforce directions if defaults occur.