Interim Provisions On The Shaanxi Provincial Coal Mine Safety Administration Responsibility

Original Language Title: 陕西省煤矿生产安全行政责任追究暂行规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399430.shtml

Interim provisions on the Shaanxi Provincial coal mine safety administration responsibility

    (November 17, 2007 Shaanxi Provincial people's Government, the 126th released March 18, 2014, Shaanxi Provincial people's Government on the abolishment, announced the failure and modify the partial revision of the decision of the provincial government regulations come into force on January 1, 2008) first in order to implement the safety responsibility, prevent the occurrence of coal mine production safety accidents, according to the People's Republic of China production safety law and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

Article at all levels within the administrative area of the province people's Government, relevant departments in charge, responsible person, appointed by the Government and its administrative departments of the State-owned coal mines, power enterprise directors, persons responsible, responsible for the coal mine production safety accidents need to be given administrative punishments, these provisions shall apply.

    Leaders of the non-State-owned coal enterprises appointed by the Government and the Department of administrative responsibility in accordance with the relevant provisions.

    Third coal mine production Safety Administration responsibility should follow pragmatic, objective and impartial, timely and accurate basis.

    Article people's Governments and relevant departments at all levels, to coal mine safety production work layout, without accountability, supervision and inspection, give notice of criticism; coal mine production safety responsibility accident resulting in serious consequences, according to the circumstances, leaders of the main demerits to expel an administrative sanction of those responsible.

Fifth District of the municipal people's Government in the area, two or more within 1 months of illegal coal mines and the lack of effective punitive measures, according to the circumstances, in charge of the leadership and the demerit to expel an administrative sanction of those responsible.

    County and township Governments in the administrative area of the illegal coal mine, County and township people's Government did not take effective counter measures, in accordance with the special provisions of the State Council on the prevention of coal mine production safety accidents.

Sixth people's Governments above the county level management of land and resources of any of the following acts II, depending on the seriousness of giving directors, direct responsibility for demerit to demotion of administrative sanctions:

(A) exploration and mining and the transboundary exploitation without a license not found;

(B) to find undocumented not be stopped according to law, punishment for exploration and mining;

    (C) found or received a super range of mining reports or reports of failing to investigate.

Seventh people's Governments above the county level management of land and resources in the management of documents, one of the following acts, according to the circumstances, directors, direct responsibility for demerit to demotion of administrative sanctions:

(A) the mine expired mining license holders are not dealt with according to law;

(B) discovery shall be revoked or revocation of mining permits that were not reported to the issuing authority;

    (C) it shall mining licence shall be cancelled or revoked, cancelled, or revoked.

Article eighth people's Government above the county level of the coal industry administration of the following acts, according to the circumstances, directors, direct responsibility for demerit to demotion of administrative sanctions:

(A) the Super cross mining for coal mine after discovering that neither suppression nor briefing to the land and resource management sectors;

(B) unauthorized extension and Super mine neither suppression nor approved the capacity to produce reports to the local governments;

    (C) found in technical transformation during illegal exploitation is neither stop nor to the Government and the relevant departments report.

Nineth Administration for industry and commerce has one of the following, depending on the seriousness of giving directors, direct responsibility for demerit to demotion of administrative sanctions:

(A) without license without authorization, production and marketing of coal mine enterprises have not been investigated;

(B) coal mine enterprises to license expired or does not pass inspection have not been investigated;

    (C) coal mining enterprise and failing to revoke the business license shall be revoked.

Article tenth of the people's Governments above the county-level public security departments have one of the following, depending on the seriousness, directors, direct responsibility demerit to removal of administrative sanctions:

(A) is not approved by the relevant provisions of the State coal mine enterprises to purchase, transport, storage and use of explosives;

(B) the illegal use of explosives for coal mine enterprises of supervision and ineffective;

    (C) responsible for coal mine production safety accident investigation but have not filed for investigation.

    11th electric power enterprises law, illegal and closed coal mines according to law, does not remove the power supply facilities of power supply, giving principals, administrative sanctions directly responsible person warnings to downgrade.

12th State-owned coal mine in coal mine production safety accidents, liability is as follows:

(A) the larger accident, demotion for Deputy Director administration, the manager administrative demerit, superior coal company leaders and leaders of administrative warning or an administrative demerit;

(Ii) occurred major accident of, give competent Deputy Manager administrative dismissed disposition, Manager administrative downgraded disposition, give superior coal industry company main led and is in charge of led demerit or remember than disposition; plot serious of, give competent Deputy Manager, and Manager administrative dismissed or fired disposition, give superior coal industry company main led and is in charge of led administrative remember than or downgraded disposition, give group is in charge of Deputy General Manager, and General Manager administrative warning or administrative demerit disposition;

    (C) particularly serious accidents occurred, according to the relevant State provisions.

    13th in coal mine production safety accident crime, transferred to the judicial authorities to investigate and punish.

14th administrative sanctions provided for in this article, and monitored by the administrative organ or authority to appoint and remove permissions according to the personnel management implementation.

    Party disciplinary sanction is dissatisfied with a decision, you can appeal in accordance with law. 15th these provisions come into effect January 1, 2008.