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Employer of worker in mines to which the Coal Mines Act, 1911, applies.
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3.—(1) The following provisions shall apply in respect of any worker employed in a mine to which the Coal Mines Act, 1911, applies, that is to say:—
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(a) in case such mine is required by that Act to have a manager—
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(i) the owner, the agent and the manager of such mine shall each be deemed, for the purposes of this Act, to be the employer of such worker,
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(ii) where proceedings for any offence under this Act are taken against the owner (not being the manager) or the agent (not being the manager) of such mine, it shall be a good defence to such proceedings if such owner or agent proves to the satisfaction of the court—
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(I) that he was not in the habit of taking and did not in respect of the matters in question take any part in the management of such mine, and
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(II) that he made all financial and other provision necessary to enable the manager to carry out his duties, and
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(III) that the offence was committed without his knowledge, consent or connivance;
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(b) in case such mine is not required by that Act to have a manager, the owner and the agent of such mine shall each be deemed, for the purposes of this Act, to be the employer of such worker.
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(2) In this section the words “owner”, “agent” and “manager” when used in relation to a mine have the same respective meanings as in the Coal Mines Act, 1911.
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