Section 18 of Mines Act : Section 18: Duties And Responsibilities Of Owners, Agents And Managers

Explanation using Example

Imagine a scenario where a mining company fails to provide adequate safety equipment to its workers, resulting in an accident where several miners are injured. According to Section 18 of The Mines Act, 1952:

• The owner and agent of the mine are responsible for ensuring that all financial and other provisions are in place for compliance with safety regulations.
• Since safety equipment falls under the rules for which the owner and agent are exclusively responsible, they are liable for this oversight.
• If it is found that specific instructions from the owner or agent led to the lack of safety equipment, which is contrary to the Act's provisions, they would be held accountable for this contravention.
• The manager, along with the owner and agent, must ensure all operations adhere to the Act, but if they prove due diligence and reasonable means to prevent the contravention, they may not be deemed guilty.
• Despite having appointed a manager and other officials, the owner and agent cannot use this as a defence; they are still responsible for the non-compliance.

In this case, the mine's management may face legal consequences for not providing the necessary safety equipment, as mandated by the Act.