JUDGMENT Lodge, J. - This is a reference under the provisions of sec. 438 of the Code of Criminal Procedure by the Sessions Judge of Burdwan. Certain persons were prosecuted and convicted under sec. 39 of the Indian Mines Act (Act IV of 1923). The facts found by the Court of first instance wore these. The accused persons were in possession of certain lands to the east of which were certain collieries of which only the West Lachipur Colliery was working. Situated on the land of the accused there was an embankment or bund to the east. On August 28, 1945, there were heavy rains and a large quantity of water collected on the lands of the accused interfering seriously with cultivation. The accused cut the embankment and allowed the water to escape to the east, with the result that water entered the West Lachipur Colliery some quarter of a mile away. The officers of the colliery went to the spot, found the breach in the embankment and when they tried to repair it the accused persons objected. Later the police and the Magistrate appeared on the scene, and had the breach repaired under their supervision. The accused persons were prosecuted for contravention of Regulation 146 of the Indian Coal Mines Regulations, 1926. Regulation 146 reads: No person shall negligently or wilfully do anything likely to endanger life or limb in the mine, or negligently or wilfully omit to do anything necessary for the safety of the mine or the persons employed therein. 2. The learned Sessions Judge has interpreted this Regulation as applying only to persons directly concerned with the management of the mine and not to persons who have no concern whatever with the working of the mine. He has accordingly recommended that the convictions and sentences be set aside. 3. The Indian Coal Mines Regulations have been made presumably under the power conferred by sec. 29 of the Indian Mines Act. An examination of that section will show that the powers of making regulations conferred on the Central Government are strictly limited and do not ordinarily extend to controlling the conduct of the persons on their own lands which are entirely unconnected with a colliery or mine. In my opinion the learned Sessions Judge was right in the interpretation he placed on Regulation 146 and for that reason I accept the Reference. In my opinion the learned Sessions Judge was right in the interpretation he placed on Regulation 146 and for that reason I accept the Reference. The convictions and sentences are, therefore, set aside. The fines, if paid, will be refunded.