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礦山安全法word版-資料下載頁

2025-08-22 01:50本頁面
  

【正文】 spected for acceptance or without having passed inspection for acceptance, the mining enterprise concerned shall be ordered to stop production by the petent department of labour administration in conjunction with the authorities in charge of mining enterprises, and shall also be fined by the petent department of labour administration。 with respect to the mining enterprise refusing to stop production, the matter shall be submitted by the petent department of labour administration to the relevant people39。s government at or above the county level for a decision on the rescission of its mining permit and business license by the petent authorities. Article 44 Where a mining enterprise already put into operation but without the due conditions for safe production insists on forced exploitation, it shall be ordered by the petent authorities of labour administration in conjunction with the authorities in charge of mining enterprises to make improvement within a fixed period of time。 with respect to the mining enterprise that still fails to meet the conditions for safe production upon expiration of the period, the matter shall be submitted by the petent department of labour administration to the relevant people39。s government at or above the county level for a decision on the suspension of production for the purpose of consolidation or on the rescission of its mining permit and business license by the petent authorities. Article 45 If any party is not satisfied with the decision on administrative sanctions, it may, within 15 days from receiving the notification of the sanction decision, apply for reconsideration to the higher authorities next to the one that has made the sanction decision。 the party also may directly bring a suit before a people39。s court within 15 days from receiving the notification of the sanction decision. The reconsideration authorities shall make a reconsideration decision within 60 days from receiving the application for reconsideration. If the party is not satisfied with the reconsideration decision, it may bring a suit before a people39。s court within 15 days from receiving the reconsideration decision. If upon expiration of the time limit, the reconsideration authorities fail to make a reconsideration decision, the party may bring a suit before a people39。s court within 15 days upon expiration of the period for reconsideration. If upon expiration of the time period, the party concerned has not applied for reconsideration, nor brought a suit before a people39。s court, nor plied with the sanction decision, the authorities that has made the sanction decision may apply to the people39。s court for pulsory execution. Article 46 Any responsible person of a mining enterprise who gives mand in violation of regulations and pels workers to carry out operations at risks, thus causing accidents involving serious casualties, shall be investigated for criminal responsibilities in accordance with the provisions of Article 114 of the Criminal Law. Article 47 Any responsible person who fails to take measures with respect to hidden dangers of accidents in the mine, thereby causing accidents involving serious casualties, shall be investigated for criminal responsibilities by applying mutatis mutandis the provisions of Article 187 of the Criminal Law. Article 48 Where any person in charge of safety supervision or safety control in a mine abuses his power, neglects his duty, or practises favoritism and irregularities, and if the act constitutes a crime, the person concerned shall be investigated for criminal responsibilities in accordance with the law。 if the act does not constitute a crime, administrative sanctions shall be given. Chapter VIII Supplementary Provisions Article 49 Regulations for implementation shall be formulated by the petent department of labour administration under the State Council in accordance with this Law, and the regulations formulated shall be submitted to the State Council for approval before implementation. The standing mittees of the people39。s congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the actual conditions of their respective areas, draw up measures of implementation. Article 50 This Law shall go into effect as of May 1, 1993. 9
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