(1) If the Board is satisfied that it is necessary that measures should be taken for any of the purposes specified in section 26 in any part of the Mining Settlement and that the necessity for such measures is distinctly referable to any act or omission in respect of his property on the part of the owner of any mine in which are employed persons resident in the Mining Settlement, the Board may, by a notice specifying the measures to be taken, require such owner at his own cost-
(i) to execute, within a period to be fixed in the notice, all works which the Board may consider necessary for carrying such measures into effect, and to maintain in good repair all works so executed;
(ii) to carry on such continuous or periodical operations as the Board may direct, for carrying such measures into effect.
(2) If the Board is satisfied that in order to prevent or abate a nuisance affecting the public health it is necessary that any owner or occupier of any land or building in any part of the Mining Settlement should take certain order with any property belonging to him or in his possession or under his management, the Board may by notice require such person to take such order at his own cost.
(3) If in any of the cases referred to in the two foregoing sub-sections the Board is satisfied that immediate remedy is necessary, the Board may, for reasons to be recorded, by a notice specifying the measures to be taken and the estimated cost thereof (if any), declare its intention of itself executing and maintaining any such work or carrying on any such operations or taking such order at the cost of such owner of mine or owner or occupier of land or building.
Power to require owner of mine and others to execute measures.
[Act No. XLIV of 1956] 15
28. Any person who is required by a notice under sub-section (1) or (2) of section 27 to do anything may prefer an objection in writing to the Board within five days from the date of service of the notice and the Board shall, after considering the objection, record an order withdrawing, modifying or making absolute the requisition against which the objection is preferred; or substituting for such requisition a declaration under sub-section (3) of section 27, if the Board, for reasons to be recorded, is satisfied that immediate remedy is necessary.
29. If any work required by a notice under sub-section (1) of section 27 be not executed, or if the order required to be taken under sub-section (2) of section 27 be not taken, to the satisfaction of the Board, within the period fixed by the notice or within such further period (if any) as may be allowed by the Board, or if any work executed in pursuance of a notice under sub-section (1) of section 27 be not maintained in repair to the satisfaction of the Board, or if any operations required by any such notice be not carried on to the satisfaction of the Board, or, in any case in which a declaration has been made under sub-section (3) of section 27, the Board may cause such work or operations to be carried out or such order to be taken or repairs effected, and the cost therein incurred shall be recoverable from the defaulter as a tax payable to the Board.
30. Any person aggrieved by an order passed under section 28 or by a declaration under sub-section (3) of section 27 may appeal to the District Judge, within whose jurisdiction the Mining Settlement is situated, within thirty days from the date of such order or declaration.
Objection against requisition.
Power to execute on default of owner.
Appeal from orders under section 27 (3) or
28.
16 [Act No. XLIV of 1956]
CHAPTER VI.
Revenue and Expenditure.
31. For every Mining Settlement there shall be formed a fund to be called “The Mining Settlement Fund” of the area by reference to which the Mining Settlement is known. This fund shall be vested in the Board and there shall be placed to the credit thereof in a district or sub-divisional treasury or in bank or its branch used as a Government treasury—
(a) all sums charged and recovered by the Board under this Act and the rules and bye-laws made thereunder;
(b) all rents and profits accruing from properties and utility services acquired or maintained by the Board out of the Mining settlement Fund or any other fund;
(c) all grants and contributions made by the Government, or by any local authority, association or private individual;
(d) all sums realised as costs, fees, fines, penalties or otherwise under this Act, or rules or bye-laws made thereunder.