Section 80, Cap 196

(1) If an accident shall occur in any mine or in connectionwith the mining or prospecting operations conducted under a lease, right or licence granted under this Ordinance involving loss oflife or serious injury to any person the lessee or holder of the right or licence shall report the same as soon as possible to the Chief Inspector of Mines and to the District Commissioner. In this sub-section the expression "serious injury" means an injury likely to result in the injured person being incapacitated from doing his usual work for at least fourteen days. (2) In the event of any such accident the Chief Inspector of Mines or in the absence of the Chief Inspector of Mines, an Inspector of Mines, an Administrative Officer or any other officer appointed by the Governor in that behalf shall hold an inquiry into the cause thereof and if the person killed or injured is a tributer- (a) if it is shown that the lessee or the holder of the right or licence or any agent of such lessee or holder has been guilty of negligence, or has not taken all reasonable and proper precautions to prevent such accident; or (b) if the person killed or injured is a native employed in the mine or in connection with the mining or prospecting operations, and the lessee or holder shall fail to satisfy the officer holding the inquiry that the accident is attributable to the serious and wilfullnisconduct of such native, may award such compensation as he may deem to be just to such relatives of the deceased as he may think fit or to the injured person: Provided that the amount of any compensation awarded under this section shall not exceed that which would have been recoverable under the Workmen's Compensation Ordinance, had the person killed or injured been entitled to compensation under that Ordinance. (3) The decision of the officer holding the inquiry shall be sent to the Governor, and a copy thereof shall be sent to the lessee or the holder of the right or licence as the case may be. (4) If any person to whom the compensation is awarded is unwilling to accept the amount of the compensation awarded in full settlement of all claims which he may have by reason of the accident against the person ordered to pay the same, he may ::, }: refuse to accept the same and take against such person such proceedings, if any, as may be open to him apart from this Ordinance. If the person who is ordered to pay compensation is dissatisfied with the decision of the officer who has held the inquiry, he may, within fourteen days of the date on which he has notice of the award and is informed that the person to whom compensation has been awarded will accept the same, appeal to the Governor whose decision shall be final: Provided that the Governor may, if he thinks fit, direct that the matter in dispute shall be determined by arbitration or in the courts. (5) If there has been no appeal to the Governor within the time specified above, or if there having been an appeal compensation is awarded, the person directed to pay compensation shall pay the amount awarded to the officer who held the inquiry or to his successor in office for transmission to the person or persons entitled thereto, and if the same is not paid within such time as the Governor may think reasonable, the Governor may, after notice to the lessee or holder of the right or licence, revoke his lease, right or licence: Provided that nothing in this section contained shall relieve any person from the liability to be proceeded against for any offence committed by him. (6) The Chief Inspector of Mines, an Administrative Officer Power to h . b h 1! summon or any ot er officer appomted y the Governor s all, 10r the witnesses. purpose of any inquiry under sub-section (2), have the powers of the Supreme Court to summon witnesses, to call for the production of books and documents, and examine witnesses and parties concerned on oath. All summonses may be in the form set out in the Schedule hereto, and shall be served by a constable or by such person as the officer issuing the same may direct. (7) Any person summoned to attend or to produce books or documents as aforesaid, and refusing or neglecting to do so, or refusing to answer any question put to him by or with the concurrence of the officer holding the inquiry, shall be liable on summary conviction to a fine not exceeding fifty pounds: Provided that no person shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at such inquiry, be entitled to the privileges to which he would have been entitled if giving evidence before a court. Government officers prohibited from acquiring rights. (8) Witnesses attending at the request of or upon summons by an officer holding such inquiry shall, subject to any order made by such officer, be entitled to the like expenses as if summoned to attend the Supreme Court in a criminal trial, and payment shall be made in such manner as the Governor may direct. (9) Any interested party may appear at any inquiry either in person or by legal representative and may question the witnesses and call witnesses on his own behalf on all matters relevant to the subject of the inquiry. Any person whom an interested party desires to call as a witness on his own behalf shall be summoned by the oflicer holding the inquiry to attend the said inquiry and give evidence thereat. (10) Where after an inquiry has been held under this section any person is aggrieved at the finding thereat (other than in respect of any amount awarded as compensation under subsection (2)) such person may apply to the Supreme Court for the inquiry to be reopened and the Court, if satisfied that there are good and sufficient reasons for doing so, may order that the inquiry shall be reopened before itself or any magistrate, that any additional evidence that is available shall be taken and that the original finding shall then be confirmed or a new finding substituted therefor. (ll) Where the death of any person immediately results from any accident in any mine or in connection with the mining or prospecting operations, the place where the accident occurred shall, after removal of the injured person or the body as the case may be, be left precisely as it was immediately after the accident until an Inspector or the District Commissioner has inspected it: Provided that work may be resumed at such place with the prior approval of an Inspector or if its discontinuance may endanger the lives of other persons or seriously impede the working of the mine.