(1) The enquiry under sub-section (2) or sub-section (3) of section 39 of the Act, as the case may be, shall be conducted by the Authority referred to in sub-clause (i) of clause (b) or sub-rule (1) of rule 180, in the following manner, Sections 39 and 62 89 namely:—
(a) the enquiry shall be commenced, as early as it may be, and in any case, within fifteen days of the receipt of notice of accident or dangerous occurrence under rule 180;
(b) the enquiry may be conducted by the authority referred to in sub-clause (i) of clause (b) of sub-rule (1) of rule 180 himself or by an Enquiry Officer, appointed by such Authority:
Provided that the District Magistrate or the Sub Divisional Magistrate of the area may also conduct an enquiry and shall have all the powers of the said authority :
Provided further that the Chief Inspector may also authorise any Deputy Director of Factories or Assistant Director of Factories or any other officer, as he may think fit, to hold enquiry or to be associated with the enquiry alongwith the said authority or with the enquiry officer appointed by such authority and such authorised person, while conducting enquiry independently, shall have all the powers, exercisable by such authority.
(c) the Authority or Enquiry Officer, as the case may be, shall serve or cause to be served, notice in writing, informing the date, time and place of such enquiry to all persons, entitled to appear in such enquiry, whose names and addresses are known to such Authority or Enquiry Officer; and
(d) notwithstanding the provisions of clause (b), for the purpose of notifying other persons, who may, in any way be concerned or be interested in such enquiry, the Authority or Enquiry Officer, as the case may be, may publish notice of such enquiry in one or more local newspapers, informing the date, time and place of such inquiry.
(2) The person entitled to appear at the enquiry may include— 90
(a) an Inspector or any officer of the Central Government or the State Government or an undertaking or public body, concerned with the enforcement of compliance of safety provisions of the Act and these rules in the concerned establishment;
(b) a trade union or an association of building workers or of employers;
(c) the building worker involved in the accident or his legal heir or authorised representative;
(d) the principal employer, employer or the contractor or their authorised representatives;
(e) the owner of the premises in which the accident took place or his authorised representative; and
(f) any other person, at the discretion of the Authority or the Enquiring Officer, as the case may be, who may be interested in or be concerned with the cause of an accident or may have knowledge about such cause or is likely to give material evidence or produce a relevant document in connection with such accident or dangerous occurrence.
(3) In case, the entitled person, referred to in sub-rule (2), is a body corporate, a company, or any other organisation, association and group of persons, such group may be represented through an authorised representative.
(4) Subject to the provisions of sub-rule (5), the enquiry shall be held in public.
(5) In case where,—
(a) the State Government is of the opinion that the matter of the enquiry or any part of it is of such a nature that it would be against the interests of security of the State and the Union of India to hold the enquiry in public and directs the said Authority or the Enquiry Officer, as the case may be, to hold enquiry in camera; or
(b) on an application, made by any party to the enquiry, the 91 Authority or the Enquiry Officer, as the case may be, referred to in sub-rule (1), if it or he is of the opinion that the holding of public enquiry will lead to disclosure of information relating to a trade secret, decides not to hold the enquiry or such part of it in camera, such enquiry shall not be held in public.
(6) Information disclosed by any person during the course of hearing or evidence in the cases covered under sub-rule (5) shall not be disclosed to any unconcerned person except for the purpose of the enquiry.
(7) The person entitled to appear under sub-rule (2), called for evidence or representing in an enquiry, shall be entitled to make an open statement, give evidence, request the Authority or Enquiry Officer, as the case may be, to call for specified document or evidence, cross examine other person to the extent and at the stage permitted by the Authority or Enquiry Officer holding the enquiry.
(8) Any evidence in an enquiry may be admitted at the discretion of the Authority or Enquiry Officer during the enquiry, who may also direct that documents to be tendered in evidence may be inspected by any person entitled or permitted to appear at such enquiry, and that facilities be provided to such person to take or obtain copies thereof.
(9) The Authority or Enquiry Officer holding an enquiry may authorise any person, being an officer of the State Government, to assist such Authority or Enquiry Officer, wherever necessary, for the purpose of conducting the enquiry, and the officer so authorised, may enter the premises of the concerned establishment during working hours, inspect the records relevant to such enquiry, investigate and take such evidence as may be required to conduct such enquiry, and may record statements of the persons or witnesses involved or connected.
(10) The findings of the enquiry along with all evidence, in original, including statements of witnesses, shall be forwarded to the Authority referred to above, within ten days of the completion of the enquiry in cases where such enquiry was not conducted by such Authority itself.
(11) A copy of the findings along with a brief statement of facts relating to an enquiry conducted under this rule, shall be forwarded to the Chief Inspector by the Authority referred to in sub-rule (1) of rule 180.
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CHAPTER – XVIII EXPLOSIVES