https://www.taxtmi.com/caselaws?id=188242 The proviso to section 3(1)(b) of the Mines Act, 1952 governing open cast workings was construed disjunctively, because its negative structure showed that the listed conditions were alternatives rather than cumulative requirements. The word "and" at the end of clause (b) of sub-clause (ii) was therefore read as "or" to advance the statute's mine-safety scheme. On that reading, an open cast mine where persons employed exceeded fifty fell within the proviso and the Act applied. The Inspector of Mines was consequently empowered to issue notice under section 22 read with section 17 requiring appointment of a qualified manager. en-us Wed, 08 Apr 1987 00:00:00 +0530 Tue, 22 Nov 2016 18:33:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188242 The proviso to section 3(1)(b) of the Mines Act, 1952 governing open cast workings was construed disjunctively, because its negative structure showed that the listed conditions were alternatives rather than cumulative requirements. The word "and" at the end of clause (b) of sub-clause (ii) was therefore read as "or" to advance the statute's mine-safety scheme. On that reading, an open cast mine where persons employed exceeded fifty fell within the proviso and the Act applied. The Inspector of Mines was consequently empowered to issue notice under section 22 read with section 17 requiring appointment of a qualified manager. Case-Laws Indian Laws Wed, 08 Apr 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188242