Gazette Notifications for Appointment of Inspector of Mines, Electrical Inspector & General Authorization – DGMS | Section 75 Mines Act, 1952

🧾 DETAILED NOTES

1️⃣ Introduction

Under the Mines Act, 1952, the Central Government or State Government appoints statutory authorities such as the Inspector of Mines, Electrical Inspector, and Special/General Authorised Officer under Sec. 75. These appointments must be formally published in the Official Gazette Notification, making them legally valid and enforceable.

2️⃣ What Is a Gazette Notification?

A Gazette Notification is an official public document issued by the Government to announce the appointment, authorization, delegation of powers, and statutory role assignment. It serves as the legal proof of authority.

3️⃣ Relevant Authorities Under Mines Act, 1952

A. Inspector of Mines (Sec. 5, Mines Act): Appointed through Gazette Notification. Must possess mining engineering qualifications. Empowered to inspect, investigate, enforce and prosecute.

B. Electrical Inspector: Appointed under Mines Act + applicable rules. Ensures safety of electrical equipment and installations.

C. General Authorization Under Section 75: Section 75 permits the government to authorize any competent person to exercise powers of an Inspector (e.g., inspect mines, investigate accidents, issue notices). Authorization must be published in the Official Gazette.

4️⃣ Section 75 – Special Points

Section 75 deals with: Delegation of inspection powers to non-inspector officials (if competent); Temporary or permanent authorization. The powers granted are identical to those of a formally appointed Inspector.

Examples of persons authorized: Deputy Director, Regional Officer, Specialist Technical Officer, or Electrical Engineer (for specific safety tasks).

5️⃣ Why Gazette Notification Is Necessary

Legitimacy of appointment
Legal validity of all orders issued (Notices, Orders to Stop Work, etc.)
Transparency in public domain
Authority to prosecute under Mines Act
Authority to enter mines & enforce law

6️⃣ Documentation and Compliance

Mine management must produce a Copy of the Gazette Notification for the Inspector of Mines, Electrical Inspector, and Sec. 75 Authorized Officer when requested. This is mandatory during DGMS inspections, accident investigations, and court proceedings.

7️⃣ Powers Derived Through Gazette Appointment

Role	Powers Granted
Inspector of Mines	Full inspection, inquiry, prohibition powers
Electrical Inspector	Electrical safety enforcement
Authorized Officer (Sec. 75)	Powers equivalent to Inspector for assigned duties

⚡ QUICK ONE-LINERS (Revision)

Gazette Notification legally proves appointment.
Inspector of Mines requires Gazette publication (Sec. 5).
Section 75 allows authorization of competent persons.
Electrical Inspectors also appointed through Gazette.
Without Gazette, orders issued are legally invalid.
DGMS officers derive statutory power from Gazette.
Authorization under Sec. 75 may be temporary or permanent.
Powers granted must match duties assigned.
Production of notification is compulsory during inspection.
Appointment must show notification number, date & issuing authority.

🧠 DESCRIPTIVE MODEL Q&A

Q. Explain the importance of Gazette Notifications in relation to appointments such as Inspector of Mines, Electrical Inspector, and authorizations issued under Section 75 of the Mines Act, 1952.

Answer:
Gazette Notifications are official publications that validate appointments and authorizations under the Mines Act, 1952. Inspectors of Mines, Electrical Inspectors, and persons authorized under Section 75 must be formally appointed through such notifications. These documents legally empower them to carry out statutory functions including inspection, enforcement, issuing notices, and prosecution. The notification ensures the legitimacy and legal validity of all orders issued. Mine management must produce these notifications upon request to verify the authority of the officials.

🧮 25 MCQs (Dynamic Answers A–E)

Q1. Appointment of Inspector of Mines must be made through:

Solution: All statutory appointments under the Mines Act must be formally published in the Official Gazette Notification for legal validity.

Q2. Section 75 of the Mines Act deals with:

Solution: Section 75 empowers the government to delegate inspection powers by authorizing competent persons.

Q3. Electrical Inspectors are appointed through:

Solution: Appointments of the Electrical Inspector, being a statutory authority, must be published in the Official Gazette.

Q4. Legal validity of an inspector’s power comes from:

Solution: The Gazette Notification serves as the ultimate legal proof that the official holds statutory authority.

Q5. Authorized persons under Sec. 75 may:

Solution: The purpose of Section 75 is to authorize competent persons to carry out the powers of inspection and enforcement.

Q6. Gazette Notifications serve as:

Solution: The Gazette is the official publication used to confer legal authority and establish legitimacy.

Q7. Production of Gazette Notification is required during:

Solution: Mine management must be able to verify the legitimacy of the DGMS inspector during any audit or inspection.

Q8. Authorization under Sec. 75 may be:

Solution: The authorization granted under Section 75 can be for a limited period or continuous.

Q9. Inspector of Mines is appointed by:

Solution: Appointments under the Mines Act (Sec 5) are made by the appropriate government (Central or State).

Q10. Which document must mine management keep ready?

Solution: The Gazette Notification is a statutory document that must be readily producible to verifying authorities.

Q11. Section 75 authorizes persons to:

Solution: The core power delegated under Section 75 is the power to inspect the mine for compliance.

Q12. Gazette Notification contains:

Solution: The Gazette is the official medium for publishing the formal details of a statutory appointment.

Q13. Electrical Inspectors ensure:

Solution: The specific role of the Electrical Inspector is the enforcement of electrical safety regulations.

Q14. Validity of statutory orders depends on:

Solution: Only orders issued by officials whose appointments are published in the Official Gazette are legally enforceable.

Q15. Section 75 authorization must be issued by:

Solution: Delegation of statutory powers (Sec 75) must originate from the Central or State Government.

Q16. Gazette Notification ensures:

Solution: The main purpose is to give the appointed official the legal power to enforce the Mines Act.

Q17. Inspector of Mines has powers to:

Solution: Under Section 22A, an Inspector can issue orders prohibiting operations deemed immediately dangerous.

Q18. Section 75 authorization is needed for:

Solution: The section exists primarily for the formal delegation of the Chief Inspector's inspection duties to other competent officials.

Q19. DGMS exam candidates must study:

Solution: Understanding the legal basis for DGMS authority, including appointments, is essential for mining competency exams.

Q20. Gazette Notification is part of:

Solution: Gazette Notifications are legally binding statutory documents.

Q21. Authorized officers can:

Solution: Authorized officers possess the full enforcement powers of an Inspector, including issuing notices and initiating prosecution.

Q22. Mine management must present the Gazette Notification during:

Solution: Verification of the investigating official's authority is essential during a statutory accident inquiry.

Q23. Appointment of Inspector ensures:

Solution: The Inspector's role is to provide independent, statutory oversight and supervision of safety practices.

Q24. Gazette Notification must include:

Solution: Essential information for verifying the document's validity is the official number and date of publication.

Q25. Main objective of Gazette Notification:

Solution: The primary function is to provide the legal basis for the official's powers under the Mines Act.

🔗 INTERNAL LINKS

Related Topic	Read More On...
DGMS Powers & Functions	DGMS Powers & Functions Under Mines Act
Section 75 Authority	Section 75 of Mines Act – Detailed Notes
Inspector Duties	Inspector of Mines Duties & Powers
Electrical Inspector	Electrical Inspector Responsibilities in Mines

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