1987 (4) TMI 485

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....;and' used at the end of paragraph (b) of sub-cl. (ii) of the proviso to cl. (b) of sub-s. (1) of s. 3 of the Mines Act, 1952 as being conjunctive. In the present case, admittedly the respondents are engaged in working an open cast mine. After an inspection, the Inspector of Mines found that the respondents were engaged in the open cast mining and the number of persons employed on any one day exceeded 50. That being so, the respondents fell within the mischief of the proviso to cl.(b) of s. 3(1) of the Act and became subject to the provisions of the Act. The Inspector was therefore well within his powers to serve a notice under s. 22 read with s. 17 of the Act calling upon the respondents to appoint a qualified Manager for the mine. Th....

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.... of which the proviso would be attracted, that is to say, the provisions of the Act would be made applicable to such a mine. The provision of sub-s. (1) of s. 3 of the Act insofar as relevant for purposes of this case reads as follows: "3. Act not to apply in certain cases--(1) The provisions of this Act, except those contained in sections 7, 8, 9, 44, 45 and 46 shall not apply to-- a) xx (b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, road metal, earth, fuller's earth and lime stone: Provided that-- (i) xxx (ii) ....