STATE OF MADHYA PRADESH Vs. A K JAIN

JUDGEMENT

(1.) THE order in this criminal revision shall also govern criminal revisions Nos. 14 to 17 of 1957 and criminal appeals Nos. 302 of 1956 and 107 of 1957, in so far as the tenability of the prosecutions are concerned under Sections 73 and 74 of the mines Act (Act No. XXXV of 1952 ). This order will dispose of the criminal revisions completely because there the trials have yet to take place and the matter has come up before us on references by the Sessions Judge, Chhindwara, under section 438 of the Code of Criminal Procedure, recommending that the prosecutions initiated on the basis of the alleged contraventions of the rules, regulations and bye-laws made under the Indian Mines Act, 1923 and deemed to have been made under the Mines Act, 1952, read with Section 24 of the General clauses Act, be quashed. Criminal Appeal No. 302 of 1956 and criminal appeal No. 107 of 1957 are appeals against) acquittals. The acquittals are based on a question of law similar to the one arising in the aforesaid criminal revisions but as they have also been argued on facts, the factual part of the case will be discussed by us when dealing with those appeals individually.

(2.) ALL these criminal references and the appeals raise one common point, namely, whether the non-applicants in criminal revisions Nos. 13 to 17 of 1957 and the respondents in criminal appeals Nos. 302 of 1956 and 107 of 1957 can be punished under Sections 73 and 74 of the Mines Act, 1352 (Act No. XXXV of 1952)for acts which are alleged to be contraventions of the rules, regulations or byelaws framed under the provisions of Chapter VII of the Indian Mines Act, 1923 (Act no. IV of 1923), but which have been continued to be in force and are deemed to have been made under the Mines Act, 1952, by virtue of Section 24 of the General clauses Act.

(3.) UNDER the Indian Mines Act, 1923 (hereinafter called the old Act), certain rules, regulations and bye-laws were made under the provisions contained in Chaper VII (Sections 29 to 33) and their contraventions were made punishable under Sections 39 and 40 of that Act. In 1952, the old Act was repealed and re-enacted with certain modifications as the Mines Act, 1952 (Act No. XXXV of 1952) (hereinafter called the new Act ). By Section 88 of the. new Act, which repealed the old Act, no express saving was made with respect to the rules, regulations and bye-laws then in force nor were any new rules, regulations -or bye-laws framed under the new Act. Under the new act, power to make rules, regulations and bye-laws was conferred on the Central government under Chapter VIII (Ss. 57 to 62) and disobedience or contraventions of the rules, regulations or bye-iaws so framed was made punishable under sections 73 and 74. The Central Government in exercise of the powers conferred on it under Section 58 of the new Act framed rules called the Mines Rules, 1955, which came into force on and from 2-7-1955. In cases we are dealing with, contraventions or breaches complained of have been committed before January 1955, that is to say, much before the Mines Rules 1955, came into force.