Section – 107. Prosecution of owner, agent or manager of mine.
No prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator or of the District Magistrate or of an Inspector-cum-Facilitator authorised in this behalf by general or special order in writing by the Chief Inspector-cum-Facilitator:
Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-Facilitator so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offence:
Provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the District Magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the Chief Inspector-cum-Facilitator.