117. Pointing out of contraventions during inspections.

1.    If the Chief Inspector or an Inspector, during his inspection of any mine, finds or comes to know about contravention of any of the provision of the Act or the regulations, rules, bye-laws or orders made thereunder, he shall enter such contravention in an interleaved, paged and bound register maintained in a Form as may be specified by the Chief Inspector for the purpose, and shall also point out such contravention to the owner, agent or manager, if present on the spot. 

2.    The Chief Inspector or the Inspector making the entry of the contraventions in the register referred to in sub-regulation (1) shall duly sign such entries with date, and take a carbon copy of the entries for his record:

Provided that the Chief Inspector or the Inspector need not enter such contravention, which require confirmation after a survey or further examination, and he may subsequently intimate the owner, agent or manager, specifying the contravention, if confirmed, and also any other contraventions which were, by inadvertence, not entered in the said register:

Provided further that an entry made in the register or the absence of an entry therein, as also a communication in pursuance with the first proviso or absence thereof, shall not in any way limit the duties or obligations of a person under the Act or the regulations, rules, bye-laws or orders made thereunder.

3.    When an entry is made in the register, –

(a)  the owner, agent and manager shall each be deemed to know what is contained in that entry; and

(b) a copy thereof shall be displayed within one day of the date of such entry on the notice board of the mine for not less than fifteen days.

4.    The owner, agent or manager of the mine shall return one copy, within a period not exceeding fifteen days from the date of the entry, to the Chief Inspector or the Inspector who made the entry with remarks thereon showing the action taken to remedy the contravention and the date on which such action was taken.

5.    The register shall–

(a)  be kept available for inspection in the office of the mine for a period of at least three years after the date of making of the last entry in it; and

(b) not be removed therefrom before the expiry of the said period, except by or with the previous approval in writing of the Regional Inspector.