中华人民共和国煤炭法（二）

s from the department of coal administration and other relevant departments shall familiarize themselves with coal laws and regulations， grasp the specialized technology in the field of coal， conduct themselves fairly and honestly and enforce the law justly.

　　Article 65 When performing supervision and inspection， supervisors and inspectors from the department of coal administration and other relevant departments shall have the power to inquire the situation about the implementation of coal laws and regulations of coal mining enterprises， coal managing enterprises and users， consult relevant data and enter the field to make on-the-spot inspection.

　　Coal mining enterprises， coal managing enterprises and users shall provide facilities to the supervisors and inspectors from the department of coal administration and other relevant departments in performing their duties of supervision and inspection.

　　Article 66 Supervisors and inspectors from the department of coal administration and other relevant departments shall have the power to order the coal mining enterprise or coal managing enterprise to correct their acts violating coal laws or regulations.

　　Supervisors and inspectors from the department of coal administration and other relevant departments shall produce their certifications when performing supervision and inspection.

　　Chapter VII Legal Responsibility

　　Article 67 If anyone violates the provisions of Article 22 of this Law and engages in coal production without a coal production license， the department of coal administration shall order it to halt the production， confiscate the illegal earnings and may impose a fine ranging from one to five times the illegal earnings； if the offender refuses to halt the production， the local people's government at or above the county level shall make an order to cutoff its power supply.

　　Article 68 If anyone violates the provisions of Article 25 of this Law and transfers or hires out its coal production license， the department of coal administration shall revoke its coal production license， confiscate the illegal earnings and impose a

fine ranging from one to five times the illegal earnings.

　　Article 69 If anyone violates the provisions of Article 29 of this Law and mines coal resources without reaching the coal resources recovery rate stipulated by the department of coal administration under the State Council， the department of coal administration shall order the offender to make corrections within a specified time limit； those failing to reach the specified recovery rate within the specified time limit shall be revoked of their coal production license.

　　Article 70 If anyone violates the provisions of Article 31 of this Law and mines the protective coal columns or adopts dangerous methods which may endanger the safety in production of the neighboring coal mine， the department of labor administration shall， in conduction with the department of coal administration， order the offender to halt the operation； the department of coal administration shall confiscate the illegal earnings， impose a fine ranging from one to five times the illegal earnings and revoke the coal production license； if a crime is constituted， the judicial organ shall make an investigation for criminal responsibility in accordance with the law； if any losses have been caused， the offender shall be responsible for compensation in accordance with the law.

　　Article 71 If anyone violates the provisions of Article 48 of this Law and engages in coal managing activities without examination and approval， the department responsible for the examination and approval shall order the offender to halt the business， confiscate the illegal earnings and may impose a fine ranging from one to five times the illegal earnings.

　　Article 72 If anyone violates the provisions of Article 53 of this Law and adulterates coal or mixes up coal of different grades or passes inferior coal as quality one， it shall be ordered to halt the sales with the illegal earnings confiscated and a fine ranging from one to five times the illegal earnings imposed and it may be revoked of its coal production license or disqualified from coal management； if a crime is constituted， the judicial organ shall make an investigation for criminal responsibility in accordance with the law.

　　Article 73 If anyone violates the provisions of Article 60 of this Law and， without the permission of the coal mining enterprise， constructs buildings or structures within the validity period of the right to use land obtained by the coal mining enterprise in accordance with the law on the land concerned， the local people's government shall mobilize the offender to demolish the building or structure； in the case of refusal to demolish it， the offender shall be ordered to do so.

　　Article 74 If anyone violates the provisions of Article 61 of this Law and， without permission of the coal mining enterprise， occupies rail line， road， waterway， wharf， power lines or water-supply pipes for special use of the coal mining enterprise， the local people's government at or above the county level shall order it to make corrections within a specified time limit； those failing to make corrections within the specified time limit shall be compelled to remove； if any losses have been caused， the offender shall be responsible for compensation in accordance with the law.

　　Article 75 If anyone violates the provisions of Article 62 of this Law and， without obtaining approval or taking proper safety measures， conducts operation in the mining area of a coal mine that may endanger the safety in the coal mine， the department of coal administration shall order the offender to halt the operation and impose a fine up to 50，000 yuan； if any losses have been caused， the offender shall be responsible for compensation in accordance with the law.

　　Article 76 Anyone committing any of the following acts shall be punished by the public security organ in accordance with relevant provisions of the regulations on administrative pe

nalties for public security or， if a crime is constituted， be investigated for criminal responsibility by the judicial organ：

　　（1） impede the construction of a coal mine and make it impossible for the construction to go on smoothly；

　　（2） intentionally damage the power， communication， water sources， transportation or other production facilities in coal mining areas；

　　（3） disturb the order in a coal mining area and make it impossible for the production or other work to go on smoothly； or

　　（4） refuse or obstruct supervisors or inspectors who are carrying out their functions according to law.

　　Article 77 Those issuing a coal production license to a coal mining enterprise that fails to satisfy the requirements specified by this Law or granting approval to an application for establishing a coal managing enterprise without satisfying the requirements specified by this Law shall be ordered to make corrections by the competent authorities of higher level or by the supervisory organ with a disciplinary sanction given to the person in charge directly responsible and other person directly responsible； if a crime is constituted， the judicial organ shall make an investigation for criminal responsibility in accordance with the law.

　　Article 78 Any executive of a coal mining enterprise who gives a command contrary to the established rules and compels workers to operate under unsafe conditions and thereby causes accidents involving serious casualties shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 114 of the Criminal Law.

　　Article 79 Any executive of a coal mining enterprise who fails to take measures to remove the hidden dangers of accidents and thereby causes accidents involving serious casualties shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

　　Article 80 Any functionary of the department of coal administration or other relevant departments who neglects his duty， practices favoritism and irregularities or abuses his power shall be given a disciplinary sanction； if the action statute a crime， the offender shall be investigated for criminal responsibility by the judicial organ in accordance with the law.

　　Chapter VIII Supplementary Provisions

　　Article 81 This Law shall enter into force on December 1， 1996.

　　Appendix： Relevant Provisions of the Criminal Law

　　Article 114 If any staff member or worker of a factory， mine， forestry center， construction enterprise or other enterprise or institution disobeys management and violates the rules and regulations or forces workers to work in a hazardous way in violation of the rules and thereby causes a serious accident involving injury or death and serious consequences， he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention； if the circumstances are especially flagrant， he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.

　　Article 187 Any state functionary who， because of neglect of duty， causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fix-term imprisonment of not more than five years or criminal detention

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