86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1948
46 of 1948
STATEMENTS OF OBJECTS AND REASONS "The Board of Conciliation appointed in 1947 in connection with certain disputes in the Bengal and Bihar coalfields recommended the payment of bonus to, and the establishment of a provident fund for, the employees in coal mines. With a view to implementing these recommendations. Government promulgated the Coal Mines Provident Fund and Bonus Schemes Ordinance, 1948. on the 23rd April, 1948. A Coal Mines Bonus Scheme has since been framed under that Ordinance and the details of a Provident Fund Scheme are being worked out. As the life of an Ordinance is six months the Ordinance will cease to be effective on the 23rd October, 1948. As the schemes which are being framed under it must be continued beyond that date, this Bill seeks to replace the Ordinance by an Act" Gazette of India, 1948. Part V. p. 607 Act 45 of 1965 - The Coal Mines Provident Fund and Bonus Schemes Act, 1948, makes provision for the framing of Provident Fund and Bonus Schemes for persons employed in coal mines. The number of subscribers under the schemes is more than four lakhs. The accumulations in the Fund invested in the Central Government securities amounted to Rs. 44.30 crores at the end of September. 1964. The Act was last amended in 1951. Since then the working of the Act has revealed certain lacunae which are proposed to be rectified by means of this Bill. The main amendments proposed to the original Act are as foll. (i) The existing definitions of the terms 'coal mine', 'employee' and 'employer' are being suitably revised to make them more comprehensive and to bring them in line with the amendments made in Mines Act, 1952and the Employees' Provident Funds Act, 1952. The term 'employee' will now include persons employed by or through a contractor. Malis, sweepers, domestic servants and teachers employed in or in connection with coal mines along with apprentices or trainees who receive stipend or other remuneration directly from the employer are also proposed to be included within the definition of the term 'employee' to enable them to get the benefit of provident fund. (ii) A new provision is being made for transfer of provident fund accumulations from other provident funds to Coal Mines Provident Fund and vice versa on transfer of the employees from one establishment to another to ensure the continuity of their provident fund. (iii) Provision is also being made for enhanced penalty of imprisonment up to one year or fine of Rs. 2,000 or both for contravention of any of the provisions of the Act or the Schemes within two years of previous conviction. (iv) In view of the difficulties experienced in giving the benefit of the provident fund to the employees employed by or through contractors provision is being made to enable the contractors to recover the amount of members' contributions from such employees and to make it obligatory on the contractors to pay to the employer the amount paid by the employers on account of the employees employed through the contractors. (v) Provision is also being made for the recovery of damages from the employers in cases of default in the payment of any contribution or any charges under any Scheme or in transferring provident fund accumulations. The Bill seeks to give effect to the above proposals. -Gaz. of Ind., 6-4-1965, Pt. II, S. 2. Ext" p. 339. Act 16 of 1971.- Coal Mines Provident Fund and Bonus Schemes Act, 1948and the Employees' Provident Funds Act, 1952 provide for the institution of provident funds for employees in coal mines, factories and other establishments. Provident Fund is an effective old-age and survivorship benefit, but when the employee happens to die prematurely. the accumulations in the Provident Fund are too small to render adequate and long-term protection to his family. With a view to providing long-term financial security to the families of industrial employees in the event of their premature death, it is proposed to introduce a Family Pension Scheme for the employees covered under the two Acts, and to create a Family Pension Fund for this purpose by diverting a portion of the employer's and the employees' contributions to the Provident Fund, to which will be added a contribution by the Central Government. Out of the Fund so set up, it is proposed to pay Family Pension at prescribed scales to the survivors of employees who die while in service before reaching the age of superannuation. Besides Family Pension, a compulsory life insurance benefit of Rs. 1000 will also be payable to the survivors of the employees in the event of death in service. In the case of retirement, alump sum payment up to a maximum of Rs. 4000 will be made to the employee depending upon the length of his service. The terms and conditions for the grant of family pension will generally be the same as those applicable to the Central Government employees. The benefits payable under the Family Pension Scheme will be in addition to the payments due to the employees from the Provident Fund. 2. The proposed Scheme of Family Pension will be administered by the Board of Trustees, Coal Mines Provident Fund in respect of members of the Coal Mines Provident Fund, and by the Central Board of Trustees, Employees' Provident Fund, in respect of the employees of establishments covered by the Employees' Provident Funds Act, 1952. The cost of administration of the Family Pension Scheme in each case will be borne by the Central Government. 3. The Bill seeks to amend suitably Coal Mines Provident Fund and Bonus Schemes Act, 1948 and the Employees' Provident Funds Act, 1952 in Order to achieve these objectives. -See Gaz. of Ind., 7-12-1970, Pt. II, S. 2, Ext., p. 1029. Act 99 of 1976.- Labour Provident Fund Laws (Amendment) Ordinance. 1976, was promulgated by the President to introduce a new Social Security Scheme known as the Deposit-lined Insurance Scheme to provide insurance cover to the members of the Coal Mines Provident Fund and (he Employees' Provident Fund, without payment of any premium by such members. 2. The insurance cover provided by the scheme is linked to the amount lying in deposit in the provident fund to the credit of the employee concerned. The salient feature of the Deposit-linked Insurance Scheme is that in the event of the death of an employee, his dependents would be entitled to receive an additional payment equivalent to three years' average balance at the credit of the deceased employee in the provident fund account (provided that such balance is not less than one thousand rupees), subject to a maximum of rupees ten thousand. For getting this facility, the employee will not be required to make any contribution to the Insurance Fund. Contribution to that Fund will be made by the employers and the Central Government in the ratio of 2:1. A similar scheme is already in operation in respect of Central Government employees from the 8th'January, 1975. 3. The Coal Mines Deposit-linked Insurance Scheme will be administered by the Board of Trustees constituted under Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 and the Employees Deposit-linked Insurance Scheme will be administered by the Central Board of Trustees constituted under the Employees' Provident Fund and Family Pension Fund Act, 1952. The cost of administration of the Deposit-linked Insurance Scheme in both the cases will be borne by the employers and the Central Government in the ratio of 2 : 1. 4. Provision has also been made for granting exemption from the provisions of the two Deposit-linked Insurance Schemes in the case of such of the employees of the coal mine or, as the case may be, the establishment as are in enjoyment of more favourable/benefits in the nature of life insurance. 5. Consequential amendments are also proposed to be made in Wealth-tax Act, 1957, and Income-tax Act, 1961, so that the Board of Trustees are not assessed to tax in respect of any property held, or income received, on behalf of the Deposit-linked Insurance Fund and to prevent employees being assessed under Income tax Act, 1961, in respect of the contributions made into the Deposit-linked Insurance Fund in relation to such employees. 6. The Bill seeks to replace the Ordinance with the modification that the Deposit-linked Insurance Scheme would also apply to the employees of establishments which were exempted from the operation of the Employees' Provident Funds Scheme. -See Gaz. of Ind., 25-8-1976, Pt. II, S.2, Ext., p. 1315. An Act to make provisions for the framing of a Provident Fund Scheme, a [a Family Pension Scheme], b [a Deposit linked Insurance Scheme] and a Bonus Scheme for persons employed in Coal Mines. c [xx XX XX XX XX XX xx] It is hereby enacted as follows
SECTION 1: Short title and extent:
[- This Act has been extended to the new Provinces and Merged States by (Merged States (Laws) Act, 1949, S. 3(1-1-1950) and to the Union Territories and Manipur, Tripura and Vindhya Pradesh by (Union Territories (Laws) Act, 1950) (30 of 1,950), S. 3 (16-4-1950). Manipur and Tripura are States now (see Act 81 of 71) but Vindhya Pradesh now forms part of M. P. State - See Act 37 of 1956, S. 9 (1) (e) (1-11-1956). The Act has been extended also to the absorbed area of Angul in the State of Orissa by (Absorbed Areas (Laws) Act, 1954) (20 of 1954), S. 3 and Sch. III (30-4-1954). The Act is not affected by (Payment of Bonus Act, 1965) (21 of 1965); see S. 35 of that Act(1) This Act may be called The Coal Mines Provident Fund and Miscellaneous Provisions Act 1948].
(2) It extends to the whole of India [xx x xx xx xx]
SECTION 2: Interpretation:
In this Act, unless there is anything repugnant in the subject or context,- [** *] (a) "bonus" means any sum of money payable to an [employee] under the Coal Mines Bonus Scheme framed under this Act; (aa) "coal" includes lignite;]
(b) "coal mine" means any excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on; and includes- (i) all borings and bore holes; (ii) all shafts, in or adjacent to and belonging to a coal mine, whether in the course of being sunk or not: (iii) all levels and inclined planes in the course of being driven; (iv) any open cast working or quarry, that is to say. an excavation where any operation, for the purpose of searching for or obtaining coal has been or is being carried on not being a shaft or an excavation which extends below superjacent ground; (v) all conveyors or aerial rope-ways provided for the bringing into or removal from a coal mine of coal or other articles or for the removal of refuse therefrom: (vi) all adits, levels, planes, machinery works, railways, tramways and sidings, in or adjacent to and belonging to a coal mine; (vii) all workshops situated within the precincts of a coal mine and under the same management and used for purposes connected with that coal mine or a number of coal mines under the same management; (viii) any office of a coal mine; (ix) all power stations for supplying electricity for the purpose of working the coal mine or a number of coal mines under the same management; (x) any premises for the time being used for depositing refuse from a coal mine, or in which any operation in connection with such refuse is being carried on, being premises exclusively occupied by the employer of the coal mine; (xi) all hospitals and canteens maintained for the benefit of the employees of a coal mine or a number of coal mines under the same management; (xii) any coke oven or plant;. (xiii) any premises in or adjacent to and belonging to a coal mine, on which any plant or other machinery connected with a coal mine is situated or on which any process ancillary to the work of a coal mine is being carried on;]
(c) "contribution" means the contribution payable in respect of a member under the Coal Mines Provident Fund Scheme framed under this Act of tor the contribution payable in respect of an employee to whom the Insurance Scheme applies];
(d) "employee" means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with a coal mine, and: who gets his wages directly or indirectly from the employer, and includes- (1) any person employed by or through a contractor in or in connection with a coal mine, and (2) for the purposes of the Coal Mines Provident Fund Scheme, also (i) any other person, who is employed as a sanitary worker, mali, teacher or domestic servant in or in connection with a coal mine and who receives wages directly from the employer, and. (ii) any apprentice or trainee who receives stipend or other remuneration from the employer.]
(e) "employer", when used in relation to a coal mine, means any person who is the immediate proprietor or lessee or occupier of the coal mine or of any part thereof and in the case of a coal mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver and in the case of a coal mine owned by a company the business whereof is being carried on by a managing agent, such managing agent; but does not include a person who merely receives a royalty, rent or fine from the coal mine, or is merely the proprietor of the coal mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the coal of the coal mine: but any contractor for the working of a coal mine or any part thereof shall be subject to this Act in like manner as if he were an employer, but not so as to exempt the employer from any liability:]
(f) "Fund" means the provident fund established under the Coal Mines Provident Fund Scheme: [* *]
(fa) "Insurance Fund" means the Deposit-linked Insurance Fund established under subsection (2) of (section 3G),
(fb) "Insurance Scheme" means the Coal Mines Deposit-linked Insurance Scheme framed under sub-section ( 1 ) of (section 3G) ;]
(fc) [ "managing agent" has the meaning assigned to it in (Companies Act, 1956); and:]
(g) "member" means a member of the Fund.
(h) "Pension Fund" means the Pension Fund established under sub-section (2) of Section 3-E;
(i) "Pension Scheme" means the Coal Mines Pension Scheme framed under sub-section (1) of Section 3-E;
(j) "superannuation", in relation to an employee who is a member of the Pension Scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment.'.]
SECTION 3: Coal Mines Provident Fund Scheme:
(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Provident Fund Scheme for the establishment of a provident fund for [employees] and specify the coal mines to which the said scheme shall apply.
(1A) The Fund shall vest in, and be administered by, the Board constituted under (SECTION 3a).]
(2) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the First schedule.
SECTION 3A: Constitution of Board of Trustees:
[- (1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified herein, a Board of Trustees for the territories to which this Act extends (hereinafter in this Act referred to as the Board) consisting of the following persons, namely (a) a Chairman appointed by the Central Government; (b) the Coal Mines Provident Fund Commissioner, ex Officio; (c) three persons appointed by the Central Government; (d) not more than six persons representing Governments of such States as the Central Government may specify in this behalf, from time to time, appointed by the Central Government; (e) six persons representing employers, appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf, and of whom at least one shall be a person who is not a member of any such organisation; (f) six persons representing employees, appointed by the Central Government after consultation with such organisations of employees as may be recognised by the Central Government in this behalf and of whom at least one shall be an employee himself and at least one shall be a person who is not a member of any such organisation.
(2) The terms and conditions subject to which a member of the Board may be appointed and the time, place and procedure of the meetings of the Board shall be such as may be provided for in the Coal Mines Provident Fund Scheme.
(3) The Board shall, [subject to the provisions of (section 3E)] [and (section 3G)], administer the Fund vested in it in such manner as may be. specified in the Scheme aforesaid.
(4) The Board shall perform such other functions as it may be required to perform by or under any provisions of [the Coal Mines Family Tension Scheme and the Insurance Scheme.)
SECTION 3B: Board of Trustee to be a body corporate:
The board of Trustees constituted under (section 3A) shall be abody corporate under the name specified in the notification constituting it,having perpetual succession and a common seal and shall by the said name sue and be sued.
SECTION 3C: Appointment of officers:
(1) The Central Government shall appoint a Coal Mines Provident Fund Commissioner, who shall be the chief executive officer of the Board and shall be subject to the general control and superintendence of the Board.
(2) The Central Government may also appoint as many other officers, whose minimum monthly salary in the scale of pay (if any) applicable to them is not less than four hundred rupees, as it may consider necessary to assist the Coal Mines Provident Fund Commissioner in the discharge of his duties.
(3) Subject to the provisions of sub-sections ( 1 ) and (2), the Board may appoint such other officers and employees as it may consider necessary for the efficient administration of the Coal Mines Provident Fund Scheme, [the. Coal Mines Family Tension Scheme and the Insurance Scheme].
(4) The method of recruitment, salary and allowance, discipline and other conditions of service of the Coal Mines Provident Fund Commissioner shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Fund.
(5) The method of recruitment, salary and allowance, discipline and other conditions of service of other officers and employees of the Board shall be such as may be specified by the Board with the approval of the Central Government.
SECTION 3D: Transfer of accounts:
(1) Where any employee who is a subscriber to any provident fund of the coal mine in which he is employed becomes a member of the fund in accordance with the provisions of any Coal Mines Provident Fund Scheme, the accumulations in the provident fund of the coal mine standing to the credit of the employees shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the Scheme, be transferred, by such person and within such time as may be provided in the Scheme, to the Fund and shall be credited to the account of the employee in the Fund.
(2) Where a member of the Fund leaves his employment in a coal mine and obtains re-employment in any other establishment (not being a coal mine to which the Coal Mines Provident Fund Scheme applies) and becomes a subscriber to any provident, fund, of that establishment, the amount of accumulation to the credit of such employee in the Fund shall be transferred, within such time as may be specified by the Central Government in this behalf, to the credit of his account in the provident fund of the establishment in which he is re-employed, if the employee so desires and the rules in relation to that provident fund permit such transfer.
(3) Where any employee who is a subscriber to any provident fund of an establishment (not being a coal mine to which the Coal Mines Provident Fund Scheme applies) leaves his employment in that establishment and obtains re-employment in a coal mine and becomes a member of the Fund, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him shall, if the employee so desires and the rules in relation to such provident fund so permit, be transferred to the credit of his account in the Fund.]
SECTION 3E: Coal Mines Pension Scheme:
(1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for- (a) superannuation pension, retiring pension or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and (b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.
(2) Notwithstanding anything contained in Section 3, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,- (a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of Section 10-D as the employer's contribution as well as the employee's contribution, as may be specified in the Pension Scheme; (b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify; (c) the net assets of the Family Pension Fund as existed immediately before the establishment of the Pension Fund; and (d) any other contribution which may be made to the Pension Fund with the previous approval of the Central Government.
(3) On the establishment of the Pension Fund, the Family Pension Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits, they were entitled to under the ceased scheme, from the Pension Fund.
(4) The Pension Fund shall vest in and be administered by the Board in such manner as may be specified in the Pension Scheme.
(5) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the Second Schedule.]
SECTION 3F: Special grant by Central Government:
The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay such further sums as may be determined by it into the Family Pension Fund to meet all the expenses in connection with the administration of the Coal Mines Family Pension Scheme other than the expenses towards the cost of any benefits provided by or under the said Scheme.]
SECTION 3H: Coal Mines Deposit-linked Insurance Scheme:
[- (1) The Central Government may, by notification in the Official Gazette. frame a scheme to be called the Coal Mines Deposit-linked Insurance Scheme for the purpose of providing life insurance benefits to such employees as are covered by the Coal Mines Provident Fund Scheme.
(2) There shall be established, as soon as may be after the framing of the Insurance Scheme, a Deposit-linked Insurance Fund into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer such amount, not being more than one per cent, of the aggregate of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable in relation, to such employee as the Central Government may, be notification in the Official Gazette, specify.
(3) The Central Government shall after due appropriation made by Parliament by law, contribute to the Insurance Fund in relation to each employee covered by the Coal Mines Provident Fund Scheme, an amount representing one half of the contribution which an employer is required, by sub-section (2). to make.
(4) (a) The employer shall pay into the Insurance Fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under sub-section (2), as the Central Government, may from time to time. determine, to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under that scheme. (b) The Central Government shall, after due appropriation made by Parliament bylaw, pay into the Insurance Fund such further sums of money representing one-half of the sums payable by the employer under clause (a), to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under that scheme.
(5) The Insurance Fund shall vest in the Board and shall be administered by the Board in such manner as may be specified in the Insurance Scheme.
(6) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the Third Schedule.]
SECTION 4: Fund to be recognized under Act 43 of 1961:
For the purposes of the Income Tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth Schedule to that Act.]
SECTION 5: Coal Mines Bonus Schemes:
(3) The employer shall pay the bonus in accordance with the Scheme as aforesaid.](1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Bonus Scheme for the payment of bonus to [employees] and specify the coal mines to which the said scheme shall apply.
(2) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the [Fourth Schedule.]
SECTION 6: Retrospective operation of a scheme:
A scheme framed under this Act may provide that any of its provisions shall come into force either prospectively or retrospectively with effect from such date as may be specified in this behalf in the scheme.
SECTION 7: Modification of a scheme:
The Central Government may, by notification in the Official Gazette, add to, amend or vary, [either prospectively or retrospectively,] a scheme framed under this Act.
SECTION 7A: Schemes to be laid before Parliament:
[- Every scheme made 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 may 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 sessions aforesaid], both Houses agree in making any modification in the scheme or both Houses ageree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of 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 scheme.
SECTION 7B: Determination of moneys due from employers:
( 1 ) The Coal Mines Provident Fund Commissioner or any other officer duly authorised in this behalf by the Central Government may, by order, determine the amount due from any employer under any provision of this Act or of any scheme framed thereunder and for this purpose may conduct such enquiry as he may deem necessary.
(2) The officer conducting the enquiry under sub-section (1) shall, for the purpose of such enquiry, have the same powers as are vested in a court under (Code of Civil Procedure, 1908) for trying a suit in respect of the following matters, namely (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; and any such enquiry shall be deemed to be a judicial proceeding within the meaning of (section 193) and (S.228 of the Indian Penal Code, 1860), and for the purpose of (S.196 of the Indian Penal Code, 1860) .
(3) No order determining the amount due from any employer shall be made under sub- section (1) unless the employer is given a reasonable opportunity of representing his case,
(4) An order made under this section shall be final and shall not be questioned in any Court of law.]
SECTION 8: Protection against attachment:
](1) The amount of provident fund standing to the credit of any member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the member and neither the Official Assignee nor any Receiver appointed under (Provincial Insolvency Act, 1920), shall be entitled to, or have any claim on, any such amount.
(2) Any amount standing to the credit of any member in the Fund at the time of his death and payable to his nominee under the Coal Mines Provident Fund Scheme shall subject to any deduction authorized by the said scheme vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member.
[(3) The provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the Coal Mines Family Pension Scheme [and also in relation to any amount payable under the Insurance scheme] as they apply in relation to any amount payable out of the Fund.
SECTION 9: Penalty:
[(1) If any person- (a) contravenes any provisions of this Act or of any scheme framed thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both; (b) who has been convicted of any offence punishable is aforesaid, si again guilty of any such offence within a period of two years from the date of the previous conviction, he shall be punishable on conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.]
(2) No Court shall take cognizance of any offence punishable under sub-section ( l )] except on a report in writing of the facts constituting such offence made by an Inspector with the previous sanction of such authority as may be specified in this behalf by the Central Government.
[(3) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under sub-section (1)].
SECTION 10: Inspectors:
( 1 ) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of the Coal Mines Provident Fund Scheme @g [or the Insurance Scheme] or the Coal Mines Bonus Scheme and may define their jurisdiction.
(2) An Inspector may, in respect of any coal mine within his jurisdiction- [(a) require an employer or any contractor from whom any amount is recoverable under (section 10E)
(i) to furnish such information, or (ii) to produce in the office of the Inspector or such other place as may be nearer to the employer or, as the case may be, the contractor, such accounts, books, registers and other documents, relating to the employment of persons in a coal mine as the Inspector may consider necessary for the purposes of any scheme framed under this Act;] (b) at any reasonable time [and with such assistance, if any, as he may think fit enter and search any coal mine] and require any one found in charge thereof to produce before him such accounts, books, registers and other documents relating to the employment of persons in the coal mine as he may consider necessary; (c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer [or any contractor from whom any amount is recoverable under (section 10E)],his agent or servant or any other person found in charge of the coal mine [** ** **] or whom the Inspector has reasonable cause to believe to be or to have been an employee in the coal mine. [(d) make copies of, or take extracts from, any accounts, books, registers or other documents maintained in relation to a coal mine and where he, has reason to believe that any offence under this Act has been committed by an employer or contractor, seize with such assistance as he may think fit, such accounts, books, registers or other documents or portions thereof as he may consider relevant in respect of that offence; (e) exercise such other powers as any such Scheme may provide.]
(2A) Every person required to furnish any information or produce any document under clause (a) or clause (b) or clause (c) of sub-section (2) shall be deemed to be legally bound to do so within the meaning of (S.175 of the Indian Penal Code, 1860).
(2B) The provisions of [the Code of Criminal Procedure, 1973 (2 of 1974)]shall, so far as may be, apply to any search or seizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant issued under [Section 94]of the said Code.]
(3) Every Inspector shall be deemed to be Public servant within the meaning of (S.21 of the Indian Penal Code, 1860).
SECTION 10A: Mode of recovery of money due from an employer:
[- Any amount due from an employer in respect of any contribution or bonus under any scheme framed under this Act [or any accumulations required to be transferred under sub-section (1) or sub-section (3) of (section 31)) or any damages recoverable under (section 10F) or any charges payable by the employer under this Act in respect of the administration of any such scheme] may be recovered by the Central Government in the same manner as an arrear of land revenue.]
SECTION 10B: Determination of employer in certain cases:
[- (1) Where the employer is a firm or other association of individuals, all, or any of the partners or members thereof or where the employer is a company, all or any of the directors thereof, may be prosecuted and punished under this Act for any offence for which the employer is punishable: Provided that where a firm, association or company has given notice in writing to the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behall that it has nominated, (a) in the case of a firm, any of its partners: (b) in the case of an association, any of its members, (c) in the case of a company, any of its directors, who is resident in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number ot shares in. Such firm. association or company, to assume the responsibility of the employer for the purposes of this Act or of any scheme framed thereunder, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the employer for the purposes of this Act or any scheme framed thereunder, unless a notice in writing cancelling his nomination or slating that he has ceased to be a partner, member or director, as the case may be, is received by the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behalf.
(2) Where the employer is a Government many local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be, to manage the affairs of the coal mine, shall notwithstanding anything to the contrary contained in any law or contract for the time being in force, be deemed to be the employers or employer in respect of the coal mine and may be prosecuted and punished under this Act for any offence for which the employer is punishable.
SECTION 10C: Delegation of powers:
(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or any scheme framed thereunder shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by the Coal Mines Provident Fund Commissioner or any officer authorised in this behalf by the Central Government.
(2) The Board may delegate to its Chairman or the Coal Mines Provident Fund Commissioner or any other officer or the Board, subject to such conditions and limitations, if any,as the Board may specify, such of the powers and functions of the Board under this act or any scheme framed thereunder, as the Board may deem necessary for the efficient administration of any scheme framed under this Act.
SECTION 10D: Payment of contribution by employers and recovery thereof from members:
(1)The contribution shall be payable by the employer (hereinafter referred to as the employer's contribution) and by the employee (hereinafter referred to as the employee's contribution) at such rate as may be specified in (the Coal Mines Provident Fund Scheme,)
and the employer shall pay the employer's contribution as well as the employee's contribution, whether or not he has recovered from any employee the employee's share of the contribution.
(2) The amount of any contribution paid by the employer on behalf of a member shall, notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, be recoverable by means of deduction from the wages of the member and not otherwise.
(3) Save as otherwise provided in . (the Coal Mines Provident Fund Scheme), no deduction under sub-section (2) shall be made from any wages other than such as are paid in respect of the period for which the contribution is payable.
(4) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct the employer's contribution or the charges referred to in (section 10A) from the wages of a member or otherwise to recover such contribution or charges from such member.
SECTION 10E: Recovery of monies by employers and contractors:
(1) [The amount of contribution (that is to say the employer's contribution in pursuance of the Insurance Scheme)] and any charges referred to in (section 10A) paid or payable by an employer in respect of an employee employed by or through a contractor and any bonus paid or payable under any Coal Mines Bonus Scheme in respect of any such employee may be recovered by such employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
(2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may, save as otherwise provided in the Coal Mines Provident Fund Scheme, recover from such employee the employee's contribution under any such Scheme by deduction from the wages payable to the employee subject to the condition that no such deduction shall be made from any wages other than such as are payable in respect of the period to which the employee's contribution relates.
(3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges or bonus referred to in sub-section ( 1 ) from the amount payable to an employee employed by or through him or otherwise to recover such contribution or charges or bonus from such employee.
SECTION 10F Power to recover damages:
Where an employer makes default in the payment of any contribution or bonus or any charges payable by him under any scheme framed under this Act, or where any person who is required to transfer provident fund accumulations in accordance with the provisions of (section 3D) makes default in the transfer of such accumulations, the Central Government may recover from such employer or person, as the case may be, such damages, not exceeding twenty-five per cent of the amount of arrears, as it may think fit to impose.]
86540
103860
630
114
59824