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MICA MINES LABOUR WELFARE FUND ACT, 1946
22 of 1946
23rd April, 1946
STATEMENT OF OBJECTS AND REASONS "It is urgently necessary to improve the living and working conditions of the labour employed in the Mica-mining industry. Though the industry is one of great importance to the country, labour conditions are most deplorable and Government are convinced that they must intervene by initiating a scheme-of welfare measures. A member of the Labour Investigating Committee was deputed to study the labour conditions in the mica-mining areas and he has submitted are port making a number of recommendations. These inter aha nclude the working out of a comprehensive welfare scheme designed to improve the standard of living of the workers and to secure them the requisite medical, educational, housing, water-supply and other facilities. The present roposals relate only to the welfare of labour employed in the mines as distinct from factory labour for which the responsibility lies with the rovincial Governments. The mining indusiry has been consulted and there is a general agreement that a cess should be imposed on all exports of mica to finance the welfare scheme. While it may not be possible to find out immediately large sums of money required for the purpose. Government feel that a start in this direction must be made at once by the creation of a Fund by the imposition of an ad valorem duty on all exports of mica. The ill is designed to give effect to these proposals." Gaz.. of India. 1946. Pt. V. p. 257. Amending Act 51 of 1980:-The Mica Mines Labour Welfare Fund Act, 1946 constitutes a fund for the financing of activities to promote the welfare of labour employed in the Mica mining industry.
Section 6of the Act empowers he Central Government to make rules to carry into effect the purposes of the Act. The Act does not require the rules made by the Central Government to be laid before Parliament. 2. The Committee on Subordinate Legislation (Fifth Lok Sabha) in their fourteenth Report desired that the Government should undertake a review of all Acts to find out which of them do not contain a provision for laying of rules tramed thereunder before Parliament and should incorporate such provision in those Acts. The committee on Subordinate Legislation (Sixth Lok Sabha) in their Nineteenth Report further desired that the necessary mending legislation be brought up at an early date. It is proposed to accept these recommendations of the Committees on Subordinate Legislation and make a suitable amendment in the Mica Mines 1. Labour Welfare Fund Act. 1946. The ill seeks to achieve tins object. Gaz of India. 26-3-1980. Pt. II. S. 2. Ext.. p. 324.
An Act to constitute a fund for the financing of activities to promote the welfare of labour employed in the mica mining industry. WHFRFAS it is expedient to constitute a fund for the financing oi activities to promote the welfare of labour employed in the mica mining industry:
This Act has been extended to the new Provinces and merged States by the Merged Stales (Laws) Act. 1949(59 of 1949.section 3(1-1-1950) and to the State of Manipur.Tripura and Vindhya Pradesh by the Union Territories (Laws) Act. 1950 (30 of 1950).section 3(16-4-1950), Manipur and Trpura are Stales now. See Act 81 of 1971.sections 3and 4 (30-12-71). Vindhya Pradesh has merged with the State of Madhya Pradesh See Act 37 of 1956. section 9(l)(e).
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Mica Mines 1.ahour Welfare Fund Act. 1946.
(2) It extends to the whole of India2[except the State of Jammu and Kashmir.]
SECTION 02: IMPOSITION AND COLLECTION OF A CESS
(1) With effect from such date as the Central Government may. by notification in the Official Gazette, appoint in this behalf there shall be levied and collected, as a cess for the purposes of this Act, on all mica. in whatever state, exported from3[the territories to which this Act extends] a duty of customs at such rate, not exceeding six and one-quarter per centum ad valorem, as may from time me to time be fixed by the Central Government by notification in. the Official Gazette : Provided that until the 1st day of April. 1947, the rate of duly so fixed4shall not exceed two and one-halt per centum ad valorem.
(2) On the last day of each month or as soon thereafter as may he convenient, there shall be paid to the credit of fund to be called the Mica Mines Labour Well are Fund (hereinafter referred to as Fund) the proceeds of he duty of customs recovered during that month after deduction of the expenses, if any, for collection and recovery.
SECTION 03: MICA MINES LABOUR WELFARE FUND
(1) The Fund shall he applied by the Central Government to meet expenditure incurred in connection with measures in the opinion of the Central Government necessary or expedient to promote the welfare of labour employed in the mica mining industry.
(2) Without prejudice to the generality of sub-section (1), the Fund may be utilised to defray-
(a) the cost of measures for the benefit of labour employed in the mica mining industry directed towards-
(i) the improvement of public health and sanitation, the prevention of disease, and the provision and improvement of medical facilities.
(ii) the provision and improvement of water supplies and facilities for washing,
(iii) the provision and improvement of educational facilities,
(iv) the improvement of standards of living, including .housing and nutrition, the amelioration of social conditions and the provision of recreational facilities,
(v) the provision of transport to and from work;5[(vi) the provision of family welfare, including family planning education and services;]
(b) the grant to a State Government, a local authority or the owner, agent or manager of a mica mine, of money in aid of any scheme approved by the Central Government for any purpose for which the Fund may be tilised;
(c) the cost of administering the Fund including the allowances, if any, of members of the Advisory Committees constituted under section 4-, and the salaries and the allowances, if any, of officers appointed under section 5-:
(d)any other expenditure which the Central Government may direct to be defrayed from the Fund.
(3) The Central Government shall have power to decide whether any particular expenditure is or is not debitable of the Fund and its decision shall be final.
(4) The Central Government shall publish annually in the Official Gazette report of the activities financed from the Fund, together with an estimate of receipts and expenditure of the Fund and a statement of accounts.
SECTION 04: ADVISORY COMMITTEES
(1) The Central Government shall constitute6[as many Advisory Committees as it thinks fit but not exceeding one for each State], to advise the Central Government on any matters arising out of the administration of this Act or the Fund.
(2) The members of the Advisory Committee shall be appointed by the Central Government, and shall be of such number and chosen in such manner as may be prescribed by rules made under this. Act : Provided that each Committee shall include an equal number of members representing mica mine owners and workmen employed in the mica mining industry, and that at least one member of each Committee shall be a woman, and at least one member of each Committee shall be a member of the legislature of the State concerned.
(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.
(4) The Central Government shall publish in the Official Gazelle the names of all members of the Advisory committees.
SECTION 05: APPOINTMENT AND POWERS OF OFFICERS
(1) The Central Government may appoint Inspectors. Welfare Administrators and such other Officers as it thinks necessary to administer the Fund or to supervise or carry out the activities financed from the Fund.
(2) Every Officer so appointed shall be deemed to be a public servant within the meaning of-section 21 of the Indian Penal Code-.
(3) Any Inspector or Welfare Administrator may-
(a) with such assistance, if any, as he thinks fit, enter at any reasonable time any place which he considers it necessary to enter for the purpose of supervising or carrying out the activities financed from the und, and
(b) do within such place anything necessary for the proper discharge of his duties.
SECTION 06: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules to carry into effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the making of refunds, remissions and recoveries of the duty of customs imposed by sub-section (1) of section 2.
(b) the composition of the Advisory Committees constituted under section 4, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the Advisory Committees shall conduct their business:
(c) the conditions governing the grant of money from the Fund under lasue (b) of sub-section (2) of section 1;
(d) the form of the estimate and statement referred to in sub-section (4) of section 3:
(e) the conditions of service and the duties of all officers appointed under section 5;
(f) the furnishing by owners or agents or managers of mica mines of statistical or other information, and the punishment by fine of failure to comply with the requirements of any rule made under this clause.
7[(3) Every rule, made by the Central Government under this Act shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which ay be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sesssions aforesaid, both Houses agree in making any modification in the rule or both. Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be f no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
MICA MINES LABOUR WELFARE FUND RULES, 1948
In exercise of the powers conferred by Sec. 6 of the Mica Mines Labour Welfare Fund Act, 1946 (XXII of 1946), the Central Government is pleased to make the following rules, namely:
RULE 1 SHORT TITLE AND EXTENT
(1) These rules may be called the Mica Mines Labour Welfare Fund Rules, 1948.
(2) They extend to the whole of India except the State of Jammu and Kashmir.
RULE 2 DEFINITIONS
-In these rules, unless there is anything repugnant in the subject or context,-
(1) "The Act" means the Mica Mines Labour Welfare Fund Act, 1946;
(2) "Advisory Committee" means the Advisory Committee constituted under Sec. 4-of the Act;
(3) "member" means a member of the Advisory Committee present in India.
RULE 3 COMPOSITION OF ADVISORY COMMITTEES
(1) (a) The Committee for the Province of Bihar shall consist of the following members, namely :
2[(i) The Labour Minister of the State :
(i-a) an officer to be appointed by the Central Government called the Welfare Commissioner;]
(ii) the Mica Controller. Bihar ;
(iii)3[the Regional Labour Commissioner, Government of India, Dhanbad]:
(iv) a member of the Bihar Legislative Council or Assembly nominated by the Central Government on the recommendation of the Government of Bihar:
(v) three persons nominated by the Central Government, in consultation with the association, if any, representing mica mine owners of Bihar ;
(vi) three persons nominated by the Central Government to represent the Interests of workmen employed in the mica-mining industry of Bihar :
(vii) a woman nominated by the Central Government on the recommendation of the Government of Bihar, if no woman has been nominated under C1. (vi) ;
4[(vii) an officer of the Mica Mines Labour Welfare Fund of the State shall be the Secretary].
(b) The5[Labour Minister of the State] shall be the Chairman of the Advisory Committee for the Province of Bihar and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.
(2) (a) The Advisory Committee for the Province of Andhra shall consist of the following members, namely:
5[(i) the Labour Minister of the State:
(i-a) the Collector of Nellore ]:
(ii) the Chairman of the Zila Parishad, Nellore:
(iii) a member of the Andhra Legislative Council or assembly nominated by the Central Government on the recommendation of the Government of Andhra:
(iv) two persons nominated by the Central Government in consultation with the associations, if any, representing mica mine owners of Andhra:
(v) two persons nominated by the Central Government to represent the interests of workmen employed in the mica-mining Industry of Andhra :
(vi) a woman nominated by the Central Government on the recommendation of the Government of Andhra, if no woman has been nominated under C1, (v) ;
6[(vii) an officer of the Mica Mines Labour Welfare Fund of the State who shall be the Secretary].
(b) The6[Labour Minister of the State] shall be the Chairman of the Advisory Committee for the State of Andhra and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.
(3) (a) The Advisory Committee for the State of Rajasthan shall consist of the following members, namely:
7[(i) the Labour Minister of the State:
(i-a) the Welfare Commissioner, Mica Mines Labour Welfare Fund, Rajasthan ]:
(ii) one representative of the Central Government :
(iii) a member of the Rajasthan Legislative Assembly nominated by the Central Government on the recommendation of the Government of Rajasthan:
(iv) two persons nominated by the Central Government, in consultation with the associations, if any, representing mica-mine owners of Rajasthan:
(v) two persons nominated by the Central Government to represent the interests of the workmen employed in the mica-mining industry of Rajasthan:
(vi) a woman nominated by the Central Government on the recommendation of the Government of Rajasthan, if no woman has been nominated under Cl. (v) :
6[(vii) an officer of the Mica Mines Labour Welfare Fund of the State who shall be the Secretary].
(b) The7[Labour Minister of the State] shall be the Chairman for the Advisory Committee for the State of Rajasthan and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.
(4) (a) The Advisory Committee for the State of Ajmer shall consist of the following members, namely:
(i) the Deputy Commissioner, Ajmer ;
(ii) the Labour Officer. Ajmer :
(iii) one representative of the Central Government :
(iv) a member of the Ajmer Legislative Assembly (when It is constituted), nominated by the Central Government on the recommendation of the Government of Ajmer;
(v) two persons nominated by the Central Government, in consultation with the association, if any ,representing mica-mine owners of Ajmer :
(vi) two persons nominated by the Central Government to represent the interests of workmen employed in the mica-mining industry of Ajmer :
(vii) a woman nominated by the Central Government, if no woman has been nominated under Cl. (vi).
(b) The Deputy Commissioner, Ajmer, shall be the Chairman of the Advisory Committee for the State of-Ajmer and the Vice-Chairman of the Committee shall be appointed by the Central Government from among other members.
RULE 4 TERMS OF OFFICE
(1) A nominated member shall, unless he resigns his office or dies at an earlier date, hold office for a period of 3 years from the date of the notification appointing him a member of the Advisory Committee and shall be eligible for renomination : Provided that an outgoing member may continue in office until the appointment of his successor is notified in the Gazette of India.
(2) A member nominated to fill a casual vacancy shall hold office for as long as the member whose place he fills would have been entitled to hold office If the vacancy had not occurred.
8[(3) If a nominated member is unable to attend a meeting of the Advisory Committee, the Central Government may nominate or the body which is represented by him may, by notice in writing signed on its behalf and by the said member, addressed to the Chairman of the Committee, depute a substitute In his place to attend that meeting. Such nominated or deputed member shall have all the rights of a member in respect of that meeting].
RULE 5 POWER TO CO-OPT
(1) The Advisory Committee may at any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee.
(2) A person co-opted under sub-rule (1) shall exercise all the powers and functions of a member under these rules, but shall not be entitled to vote.
RULE 6 RESIGNATION
-A non-official nominated member may resign his office by letter addressed to the Chairman.
RULE 7 ABSENCE FROM INDIA
(1) Before a non-official nominated member leaves India,-
(a) he shall intimate to the Chairman the date of his departure from and date of his expected return to India, or
(b) if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If any nominated member leaves India without taking action as required by sub-rule (1) he shall be deemed to have resigned with effect from the date of his departure from India.
RULE 8 VACATION OF OFFICE
-A nominated member shall be deemed to have vacated his office-
(a) if he becomes insolvent : or
(b) if he is convicted of any offence which in the opinion of the Central Government involves moral turpitude : or
(c) if he is absent from meeting of the Advisory Committee for three consecutive meetings without leave of absence, from the Chairman : or
(d) if, in the opinion of the Central Government, it is undesirable that he should continue to be a member of the Committee.
RULE 9 DISPOSAL OF BUSINESS
(1) Every question which the Advisory Committee is required to take into consideration shall be considered either at a meeting or. if the Chairman so directs, sending the necessary papers to every member for opinion.
(2) When a question is referred to the Advisory Committee for opinion, any member may request that the question be considered at a meeting and thereupon the Chairman may. and if the request is made by five or more members shall, direct that it be so considered.
RULE 10 TIME AND PLACE OF MEETINGS
-The Advisory Committee shall meet at such places and times as may be appointed by the Chairman.
RULE 11 REMUNERATION OF MEMBERS
Each non-official member, including a non- official member co-opted under rule 5-shall be paid an allowance of Rs. 10 for each meeting of the Advisory Committee or Finance Sub-Committee attended by him. subject to maximum of Rs. 30 for any one calendar month and his travelling expenses subject to the condition that they shall not exceed the rates admissible to Central Government servants of the first grade for a journey or tour. Where the journey is performed entirely by road, mileage at the rates admissible to Central Government servants of the first grade shall be paid subject to the condition of furnishing a certificate to the effect that the journey was undertaken by road to avoid loss of time which the journey by rail would have entailed and subject also to the condition that the distance travelled did not exceed 75 miles In a single journey. (Sic.)
RULE 12 NOTICE OF MEETINGS AND LIST OF BUSINESS
(1) Notice of not less than 15 days from the date of posting shall be given to every member of the time and place fixed for each ordinary meeting, and every member shall be furnished with a list of business to be considered at the meeting: Provided that when an emergency meeting is called by the Chairman such notice shall not be necessary.
(2) No business which is not on the list shall be considered at a meeting without the permission of the Chairman.
RULE 13 ADVISORY COMMITTEE TO BE INFORMED OF EXPENDITURE
-A memorandum detailing any grants made or expenditure Incurred from the Fund since last meeting shall be laid before each meeting of the Advisory Committee.
RULE 14 OTHER MATTERS TO BE CONSIDERED BY ADVISORY COMMITTEE
(1) The Advisory Committee shall, besides carrying out its statutory duties, consider and advise upon any matter concerning these rules referred to It by the Central or Provincial Government for advice.
(2) The Advisory Committee shall also consider the budget and any matter that may be laid before It by the Chairman. It shall be obligatory on the Chairman to place before the Advisory Committee any matter at the request of not less than five members.
RULE 15 PRESIDING AT MEETINGS
-The Chairman shall preside at every meeting at which he is present and in his absence, the Vice-Chairman shall preside.
RULE 16 QUORUM
-No business shall be transacted at a meeting of the Advisory Committee whether an ordinary or emergency meeting, unless at least three members having the right to vote, are present, of whom the Chairman or Vice- Chairman shall be one: Provided that if at any meeting less than three such members attend, the Chairman may adjourn the meeting to a date not less than seven days later Informing the members present and notifying other members that he proposes to dispose of the business at the adjourned meeting whether there is a quorum or not and it shall thereupon be lawful to dispose of the business at the adjourned meeting irrespective of the number of members attending it.
RULE 17 RECOMMENDATION BY MAJORITY
(1) Every question at a meeting of the Advisory Committee shall be decided by a majority of votes of the members present and voting but the minority shall, in all cases, have the right of requiring their dissent to be noted.
(2) Every question referred to the member for opinion shall, unless the Chairman In pursuance of sub-rule (2) of rule 9-reserves it for consideration at a meeting, be decided in accordance with opinion of the majority recording opinion within the time allowed.
(3) In the case of an equal division of votes or opinions, the Chairman shall give an additional vote or opinion.
RULE 18 MINUTES OF MEETINGS
(1) The proceedings of each meeting of the Advisory Committee shall be circulated to all members and thereafter recorded In a minute book, which shall be kept for permanent record.
(2) The record of the proceedings of each meeting shall be signed by the Chairman or Vice-Chairman, as the case may be.
RULE 19 HEADQUARTERS OF THE ADVISORY COMMITTEES
(1) The headquarters of the Advisory Committee for he State of Bihar shall be at such place as may be fixed by the Central Government and of the Advisory Committee for any other State at such places as may be fixed by the State Government concerned
(2) The9[* * *] Vice-Chairman and Secretary of the Advisory Committee shall be the executive of the Committee and exercise the executive functions of the Committee on behalf of the Committee.
RULE 20 STAFF OF THE ADVISORY COMMITTEE
(1) Subject to the budget provision and the provisions of rule 24-, the10 [Vice-Chairman] of each Advisory Committee may fix the scale of establishment and the salaries and allowances and determine other conditions of service of officers and servants employed by him including the security to be taken from them: Provided that the creation of a post carrying a salary exceeding Rs.l00 per month for more than six months and appointment thereto shall require the previous sanction of the Central Government : Provided further that the scales of pay of servants appointed by the10[Vice- Chairman] under this sub-rule shall be In accordance with the scales sanctioned by the Central Government for similar posts.
(2) Persons appointed by the10[Vice-Chairman] and paid from the Fund shall not be deemed to the Government servants notwithstanding that the Central Government may direct that any service rules applicable to Government servants may apply with or without modifications to such persons.
(3) The10[Vice-Chairman] may authorize the technical and secretarial staff to give technical and secretarial assistance to the Finance Sub Committee or to any other authority exercising advisory functions In connexion with the Act or to any person or authority expending grants obtained from the Fund.
RULE 21 FINANCE SUB-COMMITTEE
(1) The Advisory Committee shall elect from among its members four persons, of whom two shall be persons representing mica-mine owners and two representing mica-mine workers, to be a Finance Sub Committee, or which the Vice-Chairman of the Advisory Committee who shall be an additional member shall be the President.
(2) The Advisory Committee may. at any time, co-opt persons to the Finance Sub-Committee and a person co-opted, shall exercise all the powers and functions of a member of such Sub-Committee, but shall not be entitled to vote and shall not solely, by reason of being so co-opted, be a member of the Advisory Committee.
(3) Notice of every meeting to the Finance Sub-Committee shall be sent to the Chairman of the Advisory Committee who may attend such meeting If he so desires, and If he does so attend, he shall notwithstanding anything In sub-rule (1) preside and shall be entitled to vote.
(4) The meetings and proceedings of the Finance Sub-Committee shall be governed by the provisions herein contained for regulating the meetings and proceedings of the Advisory Committee in so far as the same are applicable thereto.
RULE 22 DUTIES OF THE FINANCE SUB-COMMITTEE
-The duties of the Finance Subcommittee shall be to frame schemes of expenditure, to advise on the budget drawn up by the Executive of the Advisory Committee and also In regard to all expenditure debitable to the Fund and to consider all schemes referred to in proviso (ii) to rule 24-
RULE 23 BUDGET
(1) The annual budget of the Fund as prepared by the Executive of the Committee shall be considered by the Advisory Committee for each year. The budget as approved by the Advisory Committee, shall be submitted (not later than the 1st day of October each year) for sanction to the Central Government, which may make such alterations therein as It considers suitable: Provided that the Advisory Committee of a State other than the State of Bihar shall submit its budget to the Central Government through the State Government
(2)
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