Rule 180: Persons to appear at inquiry

Finin2min analysis — operative rule mechanics

Full notified text — Rule 180

180. Persons to appear at inquiry.- (1) The person entitled to appear at the inquiry shall be—

                       (a)any enforcement authority concerned;
                 (b)      any employers association or Trade Union of employees;
                 (c)      any person who was injured or suffered damage as a result of the accident, occurrence,
                          situation, disease or other matter which is the subject of the inquiry, or their
                          representative;
                 (d)      the employer of any premises in which the accident, occurrence, situation or other matter
                          occurred or arose;
                 (e)      any person carrying on work giving rise to the accident, occurrence, situation or other
                          matter which is the subject of the inquiry; and
                 (f)      any other person at the discretion of the appointed competent person making inquiry.

    (2)          The following shall represent at the inquiry, namely:—
    (a) a corporate body may be represented by its secretary or by any other officer appointed for the
             purpose, or by counsel or solicitor;

              (b)    a Government department, an employers association or a Trade Union may be represented
                     by a counsel or a solicitor;
              (c)    where there are two or more persons having a similar interest in the matter under
                     inquiry, the competent person may allow one or more persons to appear for the benefit
                     of some or all persons so interested.
      (3) The competent person appointed by the Central Government under section 121 of the Code, may,
      either on their own motion or on the application of any person entitled or permitted to appear, cause
      to be served on any person appearing before competent person likely to be able to give material
      evidence or to produce any document likely to be material evidence, a notice requiring that person to
      attend at the inquiry at the time and place specified in the notice to give evidence or produce the
      document.
      (4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either
      on or before the inquiry to vary or set aside the requirement and where that person does so before the
      inquiry, such person shall give application to the competent person.
      (5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry
      shall be at the discretion of the competent person and contrary to the principles of natural justice who
      shall state at the commencement of the hearing the procedure, which subject to consideration of any
      submission by the persons appearing at the inquiry, proposing to adopt and inform those persons what
      is proposed with regards to any site inspection arising out of the hearing.
      (6) In case of mines, the persons appointed to hold inquiry under section 121 shall hold the inquiry in
      public in such manner and under such conditions as the competent person thinks most effectual for
      ascertaining the causes and circumstances of the accident or other occurrences and for enabling the
      competent person to make the report.
      (7) Where on inquiry finds that the accident was due to any carelessness or negligence on the part of
      the management, the competent person may direct the recovery of the expenses of such competent
      person including any expenses incurred with the previous sanction of the competent person and any
      other expenses connected with the enquiry which the court may direct as recoverable from the owner
      of the mine concerned, in such manner and within such time as the competent person may specify.
      (8) The amount directed to be recovered under sub rule (7) may, on application by the Chief Inspector-
      cum-Facilitator or an Inspector-cum-Facilitator to the concerned authority, be recovered from the
      employer.
      (9) An Inspector-cum-Facilitator nominated in this behalf by the Central Government, shall act as the
         Secretary to the competent person.
      (10) The inquiry or the survey, as the case may be, shall be completed and submitted to the Central
      Government, within a period of three months from the date of the order through which it is constituted.

Application and evidence

1. Primary statutory test — (1) The person entitled to appear at the inquiry shall be— (a)any enforcement authority concerned;
2. Additional operative limb — (2) The following shall represent at the inquiry, namely:— (a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;
3. Numerical or timing control — (10) The inquiry or the survey, as the case may be, shall be completed and submitted to the Central Government, within a period of three months from the date of the order through which it is constituted.
4. Code Section mapping — 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, Inspector-cum-Facilitator, Authority / officer, Trade union.

Cross-references & prescribed forms

Worked example

Q&A — Rule 180

Primary sources