REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, SATURDAY, JULY 3, 1948.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR
NOTIFICATION
New Delhi, the. 3rd July, 1948.
No. PF.16(l)/48.—In exercise of the powers conferred by section 6 of the Coal Mines Provident Fund and Bonus Schemes Ordinance, 1948 (VII of 1948), the Central Government is pleased to frame the following Coal Mines Bonus Scheme, namely:—
1, Short title and application. - (i) This Scheme may be called the Coal Mines Bonus Scheme.
(ii) It shall apply to all coal mines in West Bengal, Bihar, the Central Provinces and Berar and Orissa.
(iii) The provisions of this Scheme shall be deemed to have come into force on the twelfth of May 1947 in respect of the coal mines in "West Bengal and Bihar and on the tenth of October 1947 in respect of the coal mines in the Central Provinces and Berar and Orissa.
Definitions.—In this Scheme unices there is anything repugnant; in the sub- ject or context—
(a) "category I employee" means an underground miner or any other underground piece worker;
(b) "category II employee" mean:- an employee in a coal mine other than a category I employee;
(c) "Chief Inspector of Mines" has the meaning assigned to it in sub- section (1) of Section 4 of the Indian Minna Act 1923 (IV of 1923);
'
(d) "illegal strike" means a strike which is illegal within the meaning of section 24 of the Industrial Disputes Act 1947 (XTV of 1947) (e) "quarter" means a period of three calendar months commencing on the firs of January, the first of April the first of July, and the first of October of each year;
(f) "Ordinance" means the Coal Mines Provident Fund and Bonus Schemes Ordinance, 1948 (VII of 1948);
(g) "Regionol Labour Commissioner" means an officer appointed as such by the Central Government; and
(h) "temporary disablement" means a condition resulting from a per- sonal injury to an employee caused by accident or an occupational
( 961 )
962 THE GAZETTE OF INDIA EXTRAORDINARY, JULY 3, 1048disease arising out of and in the course of his employment in a coal mine, which requires medioal treatment and renders [the em- ployee temporarily incapable of work and whloh entitles "u©h employeo to compensation under the Workmen's Compensation Act, 1923 (VIII of 1923).
8. Class ol employees eligible to quality for bonus.—Except tw hereiuatw provided, every employee in a coal mino to whloh this Scheme applies shall be eligible to qualify for a bonus.
Exceptions.—-An employee in u eoul mine shall not be entitled to a bonu" lender tho Scheme for the period during which—i
(ii) his basic earnings exceed throe hundred rupees per month; or
(b) he is employed as a mali, sweeper or doraeatio servant on domestic and personal work; or
(iV) he is employed in a Stale Railway Goal mine on pay and under condi- tions of service, which for the time being, are similar to those obtaining in other Railway establishments; or
(d) he is employed as u labourer of a contractor for building, briok making or tile making.
4. Qualification for bonus in coal mines In West Bengal and BUur.—.An em- ployee in a coal mino in W^wf: Bonpfal or Bihar shall qualify for a bonus from bin employer—
(fi'i in respect of the period ironi the twelfth of May 1047 to the tWrty first of December 1947, provided he has put in attendance In tho coal mine during that period for not less than 121 days if a cate- gory I employee, nr for not less than 169 days if a category II employee;
(b) in i-espeot of tho quarter commencing on the first of January 1948 or any subsequent quarter, provided he puts in attendanoe In the lioal mine during that quarter for not less than 54 days if a. cate- gory T employee, or for 7iot less than 06 days if a category Ti employeo
5. Qualification for bonus in coal mines in the Central Provmcfts and Ber&r and Orlssa.—An employee in .i conj mine in the Central Provinces and. Berar or Orisoa shall qualify for u bonus from his employer—-
(o) in respect of the period from the tenth oi October 1947 to the niulh
(b) in respeof- of tbn period from the tenth of January 1948 to the thirty first of March 1948, provided he has put in attendance In the ooftl mine during that period for not lose than 64 daye M a category I employee, or for not loss than 59 days if a category IT employee: (o) in respect of the quarter commencing on the first of April 1948, or uny subsequent quarter, provided he puts in attendanco In n coal Tiine diiring that quarter for not less than 60 days if a category T employpn nr for not IP^R thnn BJ5 days if n category JJ employee. fi. Allowance for leave etc. (1) For the purposes of paragraphs 4 and 5 of this Scheme, leave (including isiok leave) granted by the employer to an aggro- (jat'j of 21 dn.vs in a calendar year and dnys of Idleness caused bv any tem- porary breakdown of machinery or anv othfo* teotmtnal reason sha)l oounf a.? days of attendance (/J) It on any working day iu n\i_) period <.>r quarter, at> tho case nwy oe-, an umpluyyo is on maternity leave UJ* m uiwbJe to attend work owing to temporary . disablement, fcha number of days lor which he must put. in attendance to qualify for bonus under paragraphs 4 and 5 shall bo reduced by 70 per ceu.t. ..L Buoh working days ii ft category J employee, or by 85 po: t:rn1; o£ such working day^ ii a category II employee. Explanation:—ID oalculatiug tho 7u per cunt or 85 per cent of such woikiny days, a fraction less than half shall be disregarded and not less than halt shaU couni as one, (b) If in any period or quarter any dav, other than the weekly holiday, i3 observed as a closed holiday in any ooal mine, tho number of days for which, tho umployeos must put hi attendance in such period or quarter to qualify for bonus under paragraphs 4 and 5 shall be reduced, in respect of such coal mine, '1 by one if there be no.t moro than two such closed holidays, by two if there be more than two but not more than four such closed holidays and by three if there be more than four auch closed holidays: Provided that the number of daya so reduced in a year shall not exceed three. In the event of a dispute t .to whether a day is it closed holiday or not, the decision of the Chief Inspector of Mines shall be final. 7, Amount; ol bonus.—,(1) The amount, of bonus payable to an employee in u coal mine in West Bengal or Bihar in respect of +he period from tho twolttn ui May 1047 to tibe thirty first of December- 1947, tho quarter eomniunciuj on tho firsfc of January 1948 and the quarter commencing on the first of April 1048, shall bo calculated in the manner specified in tho Schedule annexed hereto. / (2) The amount of bonus payable to tin employee in rcbpuct of any quarter after the .thirtieth of June 1048 in tho case of coal mines in West Bsngal and Bihar and in respect ot any period or quarter in the caso of coal mines in tho Central "Provinces and Berar and Orissii shall be one-third of the basic oarni'ig* of the employee for work done in that period or quari-r in the coal mine wherein lift qualifies for bonus. (tt) Unless an employee entitled to a bonus is a member of a provident fund, recognised under the Indian Income Tax Act, 1922 (XI of 1022), or to which tho Provident Funds Act, 1925 (XIX of 1925) applies, the employer shall, before paying him tho amount of bonus, deduct a sum equivalent to three annas in u rupeo of the amount of bonus hi respect of the periods or quarters from tha twelfth of JM,fly 1947 to the thirtieth of September 39-18 in the oaso of coal (nines in West Bengal and Bihar and from the tenth of January 1948 to tlis -ihirtiobh. of September 1948 in the i-nse of coal mines in Central Provinces find Berur and Orissu, for credit to the account of the employee in the Cool Mines Provident Fund. %. Efiect ol participation in illegal strike.-{1) If Qu illegal atriKe takes \A-dc-, in a coal mine in any period or quarter, ni> bonus shall bo payable in re spec 1 of tho period or quarter, as the case nun be, to all ihose who participate iu such illegal strike: Provided that in the ens-e of au\ CM! muiu in West, Bengal or Bihar, tho Central Government may, if, in view of any special circumstances it considers it,' tr. bo so expedient, direct that for participation in an illegal strike or strikes in oaoh of the periods from the twelfth of May 1947 to the eleventh of August TU47, from tho twelfth of August 1947 to tho eleventh of November 1947 nnd from the twelfth of November 1947 to the thirty first of December 3947 an employee shall be disqualified for one-third of thf. amount? of bnnng to whi^h he would, but for such participation, be entitled. \2) If any dispute arises whether a strike is legal or illegal for die purposis n(- tliia Scheme, Lilt? employer or an employee nui,v make an application to thu .Regional Labotu Commissioner buying juii^diotion in the urea in which T,1IU w ti mint) is situated lor decision whether Ilia strike ib legal or illegal. (o) Thy ll-cgional Ijabuui Commissioner shall, on payment of HUCII ti-w aa i.my be specified i^ him, give ;i eop\ "11 the decision to the employer i.ir an employee asking lor the same. (•1) Ail appeal LroJu the dec won ui ill'.1 liogioiial Labour ConiniMMi
[[>) Thu period ol linhtatioiL lor ujipuuj uiidei tliia paragrtipii shall be Uiirty days from the dute of the order appealed fi'oni. (Oj Tlie provisioiiH ol! yectioiiy 5 tijid 12 of the Indian Limitation Aet, l'JUd (XL of 190H), shall apply to appeals under thia paragraph. (J) The itegional Labour Commissioner or the Tribunal shall deeidc IL;M dispute after giving reasonable notice to the piti'tiou interested in thu di"pnti{ and after affording t h em an opportunity ui being heard. U. When bonus payable,—(lj The. bonuw in ruspecb o£ u, period or quarter up to the thirtieth of J u ne 194b shall b'; paid to an employee entitled to it ut such time and in such uianner au the Central Oovernraent ojaj, by yvder, direot. ^2) Tlie IJOIIUS in respeet of the quarter rumniencing on cho niht of July 1'JJ.IS o' any subsequent (uiartev shall bu paid io uu employee entitled to it within a period o[ two months from tlie last Jute of the quarter. (}}) Any bonus paid to an emplojen LeToLe the date on -whieb thin iScbemc U notified, in respect of a period or quarter iuv which bonus in payable ay herein provided H1IH.11 bu duujned to have been paid under this Scheme. (4) A bonus due be Lore the date of notification of tints Scheme shall, ii n<4 paid ea,rlinr,. be paid within six weeks ii'om the date of aueli notifioation. lU, Betunis.-^Wit-rliin a period of ono month from the last date by vvhicU any bonus ia required to be paid under the piovisions of j'oriigraph 9, the employer hhall Hubinit returns in bYirms I and Jl to the Eegioual Labour Commissioner having jurirtdiction in the area in which 1 lie coal mine is situated. 11. Registers.—(1) Every employee shall from the first of October ilJ4H maintain a register of persons employed underground in his coal mine in b'orm III and the register shall show at any moment the name of every person then working underground. (•2) All entries in this register wlinll be made at the entrance or entrances to (he COP! mine whon the persons against whose name entries are made ^nterv IT leave the coal mi tie. {',)) Kvery employer HIIUII fuom the tirst of October 1948 maintain a register of pei'sonn employed in open Workings and on the surface in Jb'onns TV and V rtwpectively. The register ishn.11 be kept at 1hc! office of the coal mine or ;.t some otln-r building nt a couvcuietit. pku-e not far from the coal mine. (4) The registers required ID lie maintained bv sub-paragraphs (1) and (8) shall lie preserved for twelve months after the date of the last entry made therein. 12. Penalties. (1) Any employer who-^ (a) 1-efusen, or without reasonable cause, fails to pay any bonus --ithh) '- the period wpeoified for the payment thereof to a person entitled to it under this Scheme; or (b) makes any faJse eutry or ttaioment in am return or register requitvd to be sent or maintained umlt.-i this Scheme with it view to avoiding payment, or reducing the amount, of any bonus payable uuder this Scheme; or Bs. 49/14,- eaoL. For the quarter from 1st January 1948 to Slat March 1948 and from Iflt April 1948 to 8Om June 1948. (u) Underground pif'o workers (including underground piect- rated trammera and uurfaec piece-rated trammers and male vvugon loaders) (tu^mmed diiily basic wage—'12 ae.). Be, lti/b;- edch. (b) JV£ale aurl'auo pif^L'-rat^d workers (obJbor Hxun aurfuoe pitx;^- lated trRnmioi-8 and inale wagon loaders) (assumed daily b&Bio wage—8 aa.). . Be. JB/- eacli, (o) t'emtile wagou loudera on pioco -wurk ^lasuTned daily basic wage—7J aa.) Ee. 12/3/- euc?h. (d) Other fomaloa and minors on piece work (ussumwl daily basics wage—& annas). Re, 8/13/ each. Other employees. Monthly rated yruploycoa—-Busio puy for the last' uionth o£ the quarter. Otber titne-rated employees—lift tinieb the basic vago payable for I he tirub working day of the last month of the quarter and for the weekly ruled worker '26 times the daily rat-u of basio wage for the last complete week oi the quarter itreHpectivo of whether or not WIG employee actually worlced on thut day or in that week, tixplanation.^A. weekly rated worker is a worker whose wage is expressed u-r a stated amount per week as opposed to a daily rated worker who w p^Id u stated amount per day, but who n?oeive.fj bin earning weekly. TABLE A TABLE B Groaa amount of Bonuo ' Gross amount of Bonun Basil? wftfw per month por day as. R.B. f l " 8 l<"ORir I Kai"f of employer Employar No T H E jtddress , , Period or Qawter to 194 . Amount of bo- Amount of No. of employe- bonus payable nuses out of (4) actuaBy paid Amount of be- nus due but not paid Jia'Rire of employment O A Z E T T E ?fo. of employe- es to whom bonuses have not been paid Ho. of employees -who worked in the coalmine ia che period or es out of (3) to whom bonu- ses have actually been paid No. of employe- es who qua- lified for bonus for the period or quarter O F 0 1 2 3 •i 6 7 S I N " Supervisory & fieri eal. D T A Miners and other under - ground piece workers. Other oudergpound wor- kers. E X T R A O B P I N A . B Y , Men Wamret llraors J TOTAL U L Y 3 , 1 9 4 8 Employer No Period or quarter Name of employer Address to 194 . Rerawkfl f Nome of employee Amount of bonus due Serial No. P. F. Aooount No." but not paid *The column may be left blank till Aooount Numbers are allotted, flf a bonus in paid after the time limit, say sinoe paid. FORM m 9 7 0 T H E . G A Z E T T E {"TIME SHOULD BE KECOBDKD AGAINST AN ENTRY WHEREVER IT DIFFER O f I in oat ST. So. N D I A 7 8 13 14 5 6 9 10 17 18 1 4 15 16 3 19 20 21 2 , 11 12 E X T R A O R D I Wet&ti Abstract tastificatitm N A R Y • t hm . J U L Y 3 . 1 9 4 8 FO&tt IV T H J ) G A Z E T T E 0 J 1 I N D I A Sr. No. in out in out 21 1 3 2 4 19 20 5 6 7 8 13 14 15 18 17 18 fl 10 11 12 E X T R A O R D I N A R Y , J U L Y 3 GlataiflcatitM Miners and loaders O there' , liANAOER 1 9 4 8 Womaa ZWe 9 7 1 9 7 2 FORM V Number of Belay Hours of Relay T H E Register of persons employed on surface during the week commencing and ending 19 G A Z E T T E O F Number of (TIME SHOULD BE RECORDED AGAINST AN ENTRY WHEREVER IT I DIFFERS FROM THE HOURS OF RELAY STATED ABOVE). Remarks Relay N D I Monday in out Wednesday in out Thursday in out Friday in out Saturday in out Name of person Nature of work Sunday in out Tuesday in out ST. No. Houra worked fli jring week A days worked during the week 20 7 8 15 16 17 18 2 3 4 19 9 10 11 IS 13 14 5 6 21 I E X T R A O R D I Aggregate number of attendances during the week. Aggregate number of absentees during the week. N A R Y Men , J Women MANAGER U L Y 3 , S. C. AQGARWAL, t>y Secy. 1 9 4 8 PtJBUSHBD BI THS MiNAQIft 0? PUBLICATTOSS, DKLHI, IHDI4 P^praro BT T ^I MiNiopB Gkmnpupare ay JNBIA P M S S, NEW D H H I, IHBIAPiece-rated employees.
fia.
ft*.
Ra. Ra. rm.
0 4 0 10 0 6 20 12
0 8 I 4 0 6 24 1/1
1 0 9 0 7 29 1
2 0 a6 2 0 31 .3
a 0 11 0 as 4
4 0 10 4
c 0 IS IS 0 0 3T "
20 0 SI £ 0 10 11 9
0 "3 IS 0 11 " 11
0 12 40 14
0 13 54 0
0 14 3
0 15 8
90 0 76 12 1 0 aa80 S
•to 0 103 5
00 0 127 14 ] 1 70 10
GO 0 163 7 1 74 13
70 0 170 0 t 8 78 ie
80 0 204 0 1 4 83 2
90 0 230 H 1 0 87 4
lf>0 0 12 1 (1 01 7
1 7 95 "
J S W 12
1 9 103 14
110 0 wi 5 1 10 108 1
ISO 0 306 14 ] 11 US
130 0 382 7 1 12 US a0
140 0 1 -1 13 120 6
130 0 ssa383 10 1 14 1S4
100 0 400 3 1 IC 123 n13
170 0 434 lli 2 fi 133 0
ISO 0 VM i\
100 0 4W U 2 1 137
• t
900 [) OH S •u 2 141 0
If
n 0 140
o 4 149 10
5 103 12
ft 157 ID
210 0 M7 1 7 182 I
0 002 10 2 R IM 4
2D0 0 S"8 3
240 0 010 1£ 2 fl 170 tt
250 0 939 il 10 174 H
200 e 11 178 11
n mi IB
270 0 ^ 12 162 14
280 fl m716 s] 13 187 0
390 0 741 10 o 14 101 3
300 0 767 3 16 103 5
.•" 0 100 H
r
{See Paragraph 10)
Underground.
Others
FORM -II
{See Paragraph 10)
(S06 pongngm 11) Number of BeUj
AU entries to be mad" m £nffJu&.
Hoars of Belay •.
Register of panoas employed underground daring tts" week ooanamaing
and aiding 16 •
Name of Mine
Name of Owner
FROM THE HOURS OF RELAY STATED ABOVE)
Remarks
' Thursday
Nature of
Relay
Hours
worked
during
week
Tuesday
in oat
Monday
in out
Wednesday
in oat
work
Sunday
in oat
Friday
in oat
8 Number
of days
wcaked
daring
the week
Saturday
in out
Nam<£of
person
Aggregate rannJw of attendftaoes during the week. Aggregate number of absentees during the week.
Miners and loaders
Sifnatttrt, of BtfiMer Ketptr-
Date
MANAGER
Dale
(See paragraph 11) Number of Relay];
AU entries to be made in iSngUtk.
Hours of Relay
Register of persona employed in Open Workings during the week commencing and ending IS .
Name of Mine
Kama of Owner
Remarks
(TIME SHOtJIJ) BE RECORDED AGAINST AN ENTRY
WHKRBVKR IT DIFFERS FROM THE HOURS OF RE-
LAY STATED ABOVE)
Hours
worked
during
week
Sunday
Relay
Wednesday
Number
of daya
worked
during
the week
Name of
person
Nature of
work
itiday
in out
Monday
in out
Tuesday
in oat
Thursday
in out
(Saturday
. in out
Weekly Abstract
Aggregate mnntwr of otteodaacea during the week. Aggregate number of absentees during the week,
Signature of Begisier Keeper.
Dot*
{See paragraph 11)
AU entries to be made in Bnglitk.
Name of Mine
Name of Owner
Ckuteifi&Hicn
Wetkiy Abstract
Signature of Register Keeper.
Date
Date