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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, DECEMBER 11, 1948

GOVERNMENT OF INDIA

MINISTRYOFLABOUR

NOTIFICATION New Delhi, the 11th December 1048

No. P. F. 15(5)/48.— In exercise of the powers conferred by section 3 of the Coal Mines Provident Fund and .Bonus Schemes Act, 1948 (XLVI of 1948), the Central Government is pleased to frame the following Coal Mines Provident Fund Scheme, namely:—

1. Short title and application.—(i) This Schememaybecalled the Coal Minos Provident Fund Scheme.

(ii) It shall apply to all coal mines in West Bengal, Bihar, the Central Pro- vinces and Berar and Orissa.

(iii) The provisions of thin Scheme shall he deemed to have come into force with effect from the twelfth of May 1947 in respect of coal mines in West Bengal and Bihar and with effect from the tenth of October 1947 in respect of coal mines in the Central Provinces and Berar and Orissa.

2. Definitions.—In this Scheme, unless there is anything repugnant in the subject or context—

( a) " A c t" m e a ns t he C o al M i n e .s P r o v i d e nt F u nd a nd " B o n us S c h e m es

Act, 1948 (XLVI of 1948);

• (b) "basic wages" means the total cash emoluments, whether earned while on duty or while on leave with pay. but excluding all payments for food concession, dearness, house rent and other similar allowances, overtime, bonus, commission, presents or donations;

(c) "Board" means the Board of Trustees constituted under paragraph 3 of this Scheme ;

(d) 'children" means legitimate children and includes adopted children the "Executive Committee is satisfied that under the personal law of the member, adoption of a child is legally recognised; (e) "Commissioner" means the Coal Mines provident Fund Commissioner appointed under paragraph 28 of this Scheme;

(f) "Committee" merino the Executive Committee constituted under sub- paragraph (2) of paragraph 8 of this Scheme:

(g) "excluded employee" means an employee who, having been a member of the Fund once, withdrew the full amount of his accumulations in the Fund on permanent retirement after attainment of the age

{ 1917 )

of 50 years or on retirement on account of total incapacity due to bodily or mental infirmity;

(h) "family" means—

(i) in the case of u male mcmbei, the wifo, cbildren, end dependent parents of the member, and the widow and children of a deceased son of the member:

Provided that if a member proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouse belongs to be entitled to maintenance Rhe shall no longer be deemed to be a part of the member's family in matters to which this Scheme relates, unluss the member subsequently intimateH by express notice in writing to the Commissioner that she shall continue to bo so regarded; and

(ii) in the caso of a female member, the husband and children of the member, the dependent parents of the husband, and the widow and children of n deceased son of the member-.

Provided that if n member by notice in writing to the Commissioner expresses her desire to exclude her husband from the family, the husband shall no longer be deemed to be a part of the member's family in matters to which this Schemy relates, unless the member subsequently cancels- in writing any such notice.

Explanation.—In either of the abovu two eases, if the chid of a member has been adopted by another person and if, under the personal law of the adopter, adoption in legally recognised such a child shall be considered as excluded from the family of tho member;

(i) '"Inspector" means H, person appointed as such under section 10 of v- the Act;

(j) "member"' shall have the meaning assigned in the Act nnd shall include intial member;

(k) "period of membership' means in reKpect of a member the period beginning with the date from which the first contribution is paid in respect of such member and ending with tho dute of the appli- cation on which he is permitted to withdwvvy the amount standing to his credit in the Fund under paragraph 03;

(1) "quarter" means a period of three ealoudrtr months commencing on the first of January, the first of April, the first o£ July and the firHl. of October of each year;

(m) "wages" has the mean ins; assigned to it in clause (vi) of section 2 of the Payment of Wagv.s Act, 10% (IV of 193n);

:t Composition ot Board of Trustees and E x e c u t i ve C o m m i t t e e .—( ]) T he Fund shall be adminiatored b\ a Board of Trustees to be constituted by the Central Government consisting of the following persons, namely :—

(a) a Cha'nnan, nommnfod by the Central Government;

(b) not more than six persons, to be nominated by the Central Govern-

ment, of whom at lenst three shall be officials of that Government; *

(o) (i) two persons, nominated by the Indian Mining Association^ (ii) one person, nominated by the Indian Mining Federation: (lii) one person, nominated by the Indian Colliery Owners' Association; (iv) one person, nominated by the O.P, and Berar Mining Association^ (v) one person, nominated by tho Control Government to represent other employe™;

(d) six persona, representing employees in coal mines to be nominated * by the Central Government of whom—

(i) five shall he nominated in cd'riaultntions with such organisations of employees m may be recognised by the Central Government, at least one nominee bein^ nn employee and

(ii) one shall represent the employees outside the organisations:

.Kovided that if any of the bodies referred to in nub-clauses (i) to (iv) of 'Clause (c) fails to make the nomination within a period of thirty days from the -date on whioh the Central Government asks for it, the Central Government may itself make the nomination.

(2) An Executive Committee of the Buiird nhull be constituted from among the trustees, consisting of :—

(a) a Chairman, nominated by the Contrtil Government;

(b) two persons, nominated by the Central Government from among the trustees nominated under clause (b) of sub-paragraph (1); (e) four persons, elected at the annual meeting ot the Board as follows:— (i) two persons, from among the trustees nominated under clause, (c) of sub-paragraph (1);

(ii) two pel-sons, noni among the trustees nominated under clause (d) of sub-paragraph (1).

. ^ (ft) The MLu'stei¹ for Labour in the Government of India may attend any meeting of the Board ur of the Committee and when ho so attends, he shall preside at the meeting,

(4) The Secretary to the Government of India in the Min stry of Labour may also attend any meeting of the Board or of the Committee and when he so attends, he shall, unless the Minister for Labour is also present, preside aij the meeting.

4. Terms of Office.-—{1) Save as otherwise exprestly provided in this Scheme, ' the term of office of the trustees other than those referred to in clauses (a) and (b) of sub-paragraph (1) of paragraph 'A shall be five years commencing on the date on which their nomination is notified in the Official Gazette;

Provided that a trustee shull notwithstanding the expiry of the sriid period of five ye-ars continue to hold office until the nomination of Ivn successor is notified.

(2) The trustee referred to in clauses (A) and (b) of sub-paragraph (1) ot" paragraph 8 shall hold office during the pleasure of the Central Government.

(3) The trustees elected to the Committee shnM hold office n" members of tli'j said Committee, till the date of the next annual meeting of the Board' r Provided that a member of the Commiitee ahull cense to hold office when lie eJflises to be. a trustee.

(4) The persons nominated by the Central Government to the Comnv'tlee shall hold office during the pleasure of the Central Government.

(/)) An out-f^oing trustee or member of the Ci'iumitk'H whall be el'^ihle for re- nomination ov re-election as the case may be.

7. Removal from Membership.—Tho Central Government may remove from office any trustee if it is satisfied, that *btio trustee- hns ceased to represent thef interests on whose hehitlf he was nominated. The trustee so removed shall cease to be ft member of the Committee if he is on the Committee.

8. Absence from India.—(1) Before a non-offioinl trustee loaves India—

la) ha shall intimate to the Chairman of tli/> Board and if ho is also a member of the Committee the Chairman of the Committee of tho dates of his departure from and expected return to India, or

(b) if ho intends to absent himself for a longer period than six months, ho shall tender his resignation.

(2) If any trustee leaves Tndia without intimation to tho Chairman of tlio Board, he shall be deemed to have resigned from tho Board with effect from the 5 date of his departure from India. 9. Filling of Vacancies.—(1) Not less than one month but not earlier than two months before the tenure of trustees other than trustees nominated by the Central Government is to expire, or when any casual vacancy occurs among any such trustees, the Central Government shall, by notice in writing, call upon the body concerned to nominate a person to fill the \acaney and such nomination shall be ^nadti within thirty days of the date of issue of such notice:

Provided that if any body fails to make the nomination wit kin tho period speci- fied, tho Central Government may itself nominate a person and fill the vaonncy.

('2) Vacancies m the office of nominated or elected trustees or members of the Committee shall be filled by nomination or election as the case may be:

Provided that tho Central Government may nominate a trustee to Mil a ' vacancy in the office of an elected memb.r of the Commiltee until such tune as the'next meeting of the Board is held.

^ -** (3) A trusteo or member of the Committee nominated or elected to fill a eiisual vaennr.y shall bold office only for so long as the member in whoso place ho is nominated or elected would have been entitled to hold office if the vacancy had not occurred.

10. Vacation of Office.—rA person shall be dwcmfUifif'd for being a trustee- -

(a) if he is declared to b.j of unsound mind by n competent Court; or

(b) if he is an undischarged insolvent; or (c) if he has been convicted of any offence which in the opinion uf I he Central Government involves moral turpitude.

11. Authentication of orders, decisions etc.-nAll orders and decisions of th" Board or the Committee shall be authenticated by tho signature of its Chairman or by some other officer or member of the Board or Oommittc, as the case mn,> be, authorised by it in this behalf.

12 Powers of the Executive Committee.—Subject to the graioral suporintcn. ienoe'and control of the Board, tho Committee shall administer the affairs o: the Fund and may exercise suoh powers and perform such functions as may b< delegated to it by the Board.

13. Disposal of BUBinefls.—(1) Ever/ question v,hich is to be considered ty the Board shall be considered either at its meeting or, if the Chairman so directs by sending the necessary papers to all the trustees for their opinion:

Provided that the. papers need not be sent to a trustee who is absent fron

India at that time.

. .

(2) When a question is referred under sub-paragraph (I) for opinion, nn, trustee may request that the question bo considered at a meeting of the Boar, and thereupon, the Chairman, may, and if the request, m made by not less tha: three trustees, shall, direct that it be so considered. <

(ii) Kvery question which ihe Committee is required to take into oonsideraUoi shall be considered at a meeting of the Committee.

14. Meetings of Board of Trustees and Executive Committee.—The Board nhi the Committee shall meet :it such pluee and time as may be appointed by 4-he Chairman of tho Board or the Committee as the ease mny be,

15. Notice ol Meeting and List ol Business.—(1) Notice of not h-as than fifteen days from the date of posting shall be given of the time and place fixed fo" each ordinary meeting of the Board or of the Committee to every trustee or, as the ease may bo, to every member of the Committee present in India and to suoh notice shall be attaehrid ;i list of business to be discussed at the meeting:

Provided that when the Chairman calls a meeting for considering nny matter which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient,

(2) No business which is not on the list) shall be considered at the meeting •except with the permission of the Chairman.

16. Presiding at Meeting.^The Chairman of tho Board or of the Committee as the case, may be, shall, save as provided in sub-paragraphs (8) and (4) of paragraph 8, preside at every meeting of the Board or of the Committee at which he is present. If the Chairman is absent at any time, the trustees, or the members of the Committee, present shall elect one of their number to preside over the meeting and the trustee or member so elected shall nt that meeting exercise all the powers of the Chairman.

17. Quorum.—(1) No business shall be transected at a meeting of the Board, whether ordinary or emergent, unless at least seven trustees are pre- sent of whom at least two shall be trustees nominated under clause (c) and at least two nominated under clause (d) of sub-paragraph (1) of paragraph 8. (2) No business shall ho transacted at a meeting of the Committee, whether ordinary or emergent, unless at least four members are present of whom at r^ast one shall be a member elected under sub-clause (i) and at least one elected under sub-clause (ii) of clause (o) of sub-paragraph (2) of paragraph 3.

(8) If at any meeting the number of trustees or members of the Committee, as the case may be, ia less than the required quorum, the Chairman shall adjourn the meeting to a date not Jess than seven days later informing the trustees or members present and also the other trustees or members of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting whether the quorum is secured or not.

18. Eecommendatlon by Majority—(1) Every question at a meeting of (the Board or the Committee shall be decided by a majority of votes of the f\ Trustees or members of tho Committee present and voting, but the minority toiajt require thuir dissent to be noted.

(2) livery question referred to the trustees for opinion shall, unless the Chairman in pursuance of sub-paragraph (2) of paragraph 18 reserves it for consideration at a meeting, be decided in accordance with the opinions received within the time limit allowed.

(3) In the ense of equality of votes or opinions, the Chairman shall exer- cise an additional voLe or opinion.

' 10. Minutes Of Meetings.— (1) The proceedings of a meeting of the Board or of the Committee shall be circulated to all trustees or members, as the case may he, present in India and thereafter they shall be recorded in a minute book to be kept as a permanent record.

7 (ii) The -ecord of the proceedings of eueli meeting snail bo signed by the Chairman after confirmation at the next meeting.

20. Acts of the Board etc. not invalid by reason of defect In Constitution-"tc— No Act of tho Board or the Committee shall be deemed to be invalid by mason of any defeot in the constitution of the Board or^ the Committee or on tbe ground that any trustee or member thereof was not'entitled to hold or continue in" offiee by reason of any disqualification or of any irregularity in his nomination: or election or by reason of such act having been done during the period of any vacanoy in the Board or the Committee.

21. Feea and allowances.—(1) The travelling allowance of an: official trustee shall be governed by the rules applicable to him for journeys performed on official duty and shall be paid by the authority paying his salary.

(2) Every non-official trustee shall be paid an allowance of Es. 12-8 for each day on which he attends a meeting of the Board and/or the Committee and travelling allowance at 1£ railway fares of the highest class from and to his usual place of business or from and to the place the journey is actually, performed whichever is lesH, plus road mileage at annas eight per mile for th^ journey not covered by railway.,

NOTE..—(1) No daily or travelling allowance in respect of any day or journey, AS the case may he, shall be claimed from the Fund l)y a trunt"o if he has drawn or will draw allowance for the mime from his employer or n i member of tho LeRisl&tura or of any Committee or Conference of Government and no travelling allowance shall be claimed if ho uses a moans of locomotion provided at tile expense of Government or his emplo, tor.

Nora.—(2) Where the journoy is porformed by road between places connected by railway, rood mileage "ha]l be paid only if the trustee concerned certifies that tho journey waa undertaken by road to avoid loan of time which tho journey by railway would have entailed and tho distance travelled does not exceed 75 miles in a single journey.

22. Powers of the Central Government until the Board is constituted.— (1) Until tho Board of Trustees is constituted the Central Government shall administer tho affairs of tho Fund and may exercise any of the powers QIJ^- perform any of the functions of the Board.

(2) All property acquired before tho Board is constituted shall vest in the Board and all income derived and expenditure incurred in this behalf shall be brought into the books of the Fund.

23. Ooal Mines Provident Fund Commissioner.—(1) The Central Govern- ment may appoint a Ooal Mines Provident Fund Oomniisaioner who shall be the Chief Executive Officer of the Fund arid nhall be subject to the general control mid superintendence of the Board and the Committee

(2) The Commissioner, shall be a whole time officer of the Fund and shall not undertake any work not connected with his office without the sanction of ; the Central Government.

<^ 1 (8) The Commissioner shall hold office for such period, not exceeding 5 years, as may be specified in the order appointing him, An out-going Cota-' missioner shall be eligible for re-employment if he is othorwise qualified.

(4) The Commissioner shall receive such salary and allowances and be subject to suoh other conditions of service as may be specified by the- Central Government from time to time.

(5) A person shall be disqualified from being the Commissioner if he is subject to any of the disqualifications specified in paragraph 10.

(6) The Central Government may at any time remove the Commissioner from office and shall do so if such removal is recommended by a resolution of the Board passed at a special meeting called for the purpose and supported b^r the votes of not leaf than two thirds of the total strength of the Board.

24. St&fl.—(1) The Board may employ such staff as may be neceBijary ior the efficient administration of this Scheme:

• Provide^ that the 'sanction of the Central Government shall be obtained for the creation of m\\ post with mnximuiii salary of Tls. 500 and above, find the duration of which is likely to be more than six months.

(2) The Iioti.rd shall, with the. upprovul of the Central Government, make regulations regarding the method of recruitment, pay and allowances, discipline, Kuperanniintion benefits and other conditions of service of the members of its staff:

Prov.ded that the scale of pay and allowances of thts members of the staff shall generally be in accordance' with l.he scales functioned by the Central Government for similar posts.

(8) Every appointment to posts carrying a starting monthly salary of RH. 275 and above shall be made, by the Central Government.

(4) Persons appointed by the Board and paid from the Fund shall not be deemed to be Government servants notwithstanding that the Central Govern- ment may direct that any service rules applicable to Government servants may apply with or without modifications to suck persons.

25. Glass of employees required to join, the Fund. —(1) Every employee in a coal mine to which this Scheme applies, other than an excluded employee, shall bo required to join the Fund and become a member immediately after the end of the quarter following any quarter after the thirtieth of September 19-18, in which ho qualified for m bonus under sub-paragraph (b) of paragraph 4 or sub-paragraph (c) of paragraph 5 of the Coal Mines Bonus Scheme.

j (2j Every employee in a coal mine to which this Scheme applies, other than" an excluded employee, shall he required to become a member of the Fund (hereinafter called the "initial member") from the beginning of the first period or quarter before the first of October 1948. in respect of whioh he quitlifiea for a bonus under paragraph 4 or paragraph 5 of the Coal Mines Bonus Soheme:

Provided that an initial member, who has received before the first of October 1948, from his employer the full amount of his as well as the employer's contribution on his leaving employment in. the coal mining industry, shall cease to be "n initial member.

Explanation;—An employee whose basic wages exceed three hundred rupees per month from the date on which the Scheme is deemed to have come into force or from the date on which he, begins work in a coal mino to which the Scheme iippl'tia cannot qualify for membership of the Fund so long as his basic wages continue to exceed three hundred rupees per month since he cannot qualify for a bonus under the Coal Mines Bonus Scheme. An employee whose basic , wages exceed three hundred rupees per month subsequent to hie quali- fying for membership will be required to continue his membership and con- tributions restricted to the maximum shown in Table I in paragraph 27 will continue to be payable.

26. Election for continuance of membership of certain other Provident

Funds.—(1) Notwithstanding anything to the contrary contained in paragraph 25, a subscriber to a Provident Fund recognised under the Indian Income Tax Act, 1922 (XI of 1922), or to which tho Provident Funds Act 1925 , (XIX of 1925), applies, may elect to continue as a subscriber thereto and if he does so, he shall not be required to or be entitled to become ft member of the Fund.

(2) The election referred to in sub-paragraph (L) shall be made in Form C annexed hereto as soon as possible inter he qualities for membership of the Fund and nhall be sont by tho employer by registered post to the Commissioner BO as to reach, him within six months of the date on which the Scheme is notified or within six weeks of the end of the period or quarter in which he qualifies for membership pf the Fund under pm-i graph 25, whichever is later.

27. Katea Ol Contribution.—(1) Contributions shall be payable under this Scheme in respect of every member, whether HTI initial member or not, employed directly or indirectly in any coal mine to which this Scheme applies in res- pect of each month or week, as the ease may be, for the whole or part of which he is so employed after the 81st of December 1948 and shall comprise contri- bution by the member and contribution by the employer at the rates specified in the following tables:

Provided that wn employer may oease to pay contribution in respect of a member if the member, not being a member whose wages exceed three hundred rupees per month, fails to earn a bonus in any coal mine for four successive quarters. If he does not pay the contribution as aforesaid, the election shall continue to be effective only upto tho end of the quarter immediately follow- ing tho quarter in which he again qualifies for a bonus under paragraph 4 or paragraph 5 of the Coal Mines Bonus Scheme. In the meantime, such a member shall continue as a n on-contributory member BO long as he does not withdraw from membership under paragraph 68.

T A B LB I

M o n t h ly r a t fd o m p l o y e e s.

B a s io w a g es f or t h" m o n th

Member's contribution

Employur'a contribution

Total . monthly contribution

p.

A.

p.

Ra.

A.

p.

A.

Ra.

Ra.

U p to R s. 10

. . . . . ..

0 10 0

0

i

10

0

0

1

O v er R H. 10 a nd up bo R a. 10 . . . .

0 0

0

0

0

1

2

0

1

(1

8

O v er R H, 16 a nd u p to R s. 21 .

0

0

3

0

1

8

1

0

O v er R e. 24 a nd u p to R H. 3U . . ..

0

0

•I.

2

0 0

0

0

3

(1

O v er R B, 3b a nd u p to R e. 54 . . ..

0

0 0

0

3

n

0

O v er R B. 54 a nd u p to R H. 72

. . ..

0

0

4

8

0

0

4 n

0 0

0 O v &r R s. 72 n ad u r i to R H. 88

. . ..

0

0

C

0

• I"

r.

0

0

0

0

O v er R e. 8* a nd u p to R a. ] 01

(i 0

0

0

. 12

i

0

ii

a

OvorRs. ]04 and uiJto Rs. 120

0

0 0

t

14

i)

Over Ra. 120 and upto Rs, 13

K 0

i)

0

0 0

s

IB

(I

O v er R s. 13li a nd i V ' t n H a. 1 30 . . ..

0

0

0

n

0

0 18

9

(i

1)

0

O v er R a. ]5'> a nd u'it-,o "Ra. 17fi

0

10 0

20 0

10

O v er ]ln. 1 75 a nd u ; > lo R s. 2l"0

0

0

12

0 0

0

0

24

12

O v er R a, 2 00

0

30

0

0

0

0

IS

15

0

TABLE II

Other emjiluynnH.

Basin wages for the woek

Total wookly aontributiona

EmploytM-'H contribution

Membor'n (contribution

Annas

Annas

Annas

Upto EK. 1

Nil

Nil

Nil

4

2

2

Ovor Re. ] find ir'to RB, 3 . . .

fi Ovur R s. 2 a nd u pt 0 R B. 3 .

3

3

8 Ovor R a. 3 a nd u p to R a. 0 . .

4

4

12

ft

0

Ovor R e, !i a nd uj'to R B. 7 . ^ .

8

10 ' O v er R a. 7 a nd u? to R B. 9 .

8

20 Ovor R a. !) a nd u;jto R s. 11 . . ..

10

10

34 Over R". 11

12

12

(2) If any dispute arises as to whether a particular item of emoluments is a part of basic wages or not, the dispute shall bo referred to the Chief Labour Commissioner (Central), whose decision shall be final.

28. Payment of Contributions.—The employer shall, in the first instance, "pay both the contribution payable by himself (in this Scheme referred to as the employer's contribution) and also, on behalf of the member employed by him, the contribution payable by the member (in this Scheme referred to as the member's contribution).

29. Recovery of Member's Bhare of contribution.—(1) The amount of any member's contribution paid by the employer shall, notwithstanding the provi- sions of this Bcheme or any law for the time being in force or any contract to the contrary, be recoverable by means of deduction from the wages of tke member and not otherwise:

Provided that no such deduction may be made from any wageR other than such as are paid in respect of the period or part of the period in respect of which tho contribution is payable.

(2) Any sum deducted by an employer from wages under this Scheme shall be deemed to have been entrusted to him for the purpose of paying the contri- bution in respect of which it was deducted.

30. Employer's share not to be recovered from employee.—Notwithstanding any contract to the contrary the employer shall not be entitled to deduct the employer's contribution from the wages of a member or otherwise to recover it •from him,

81. Payment of contributions In respect of initial members,—(1) In respect of all initial members of the Fund employed by an employer in "West Bengal and BihflT during tho period from the twelfth of May 1947 to the thirtieth of September 1948 and by an employer in Central Provinces find Berar and Orissa during the period from the tenth of January 1948 to the thirtieth of September 1948 the employer shall be required to pay for credit as member's contribu- tion to the Fund the amounts deducted by him under sub-paragraph (8) of

paragraph 7 of the Coal Mines Bonus Scheme from the bonus payable, to- gether with an equal amount ou account of the employer's contribution and also an administrative charge equal to 5 per cent, of the total amount of the employer's and member's contributions.

(2) The payment referred to in aub-parugmph (1) shall be made by deposit in such Government treasury or branch of the Imperial Hank of India and under such hend of account and at such time us the Central Government may direct. The original treasury or bank chalan .shall bo sent to the Commissioner vvith a statement in Form B annexed hereto within one week of tho date of the deposit.

NOTE 1.—The employer's as well aa the number's contribution ahull he payable hi venp vfc of Jill initial members irrespective ol' whother or jiot the initial memher is in tho servire of the employer at the time when tho payment falls due.

Nona 2.—If the total mnount of tho member's an well IVH his employer'*) contribution >iif* been refunded by the employer to any member at the time of his leaving the coal mining industry before the 1st of October,. 1948 no contribution ihnl\ be payable to the Fund by the employer in respect of ouch member. In all other canes the employer's as well an the member's contribution Khali be payable to the Fund.

NOTE 3.—For the sftko of-removal of doubt, it is hereby stated that no contribution under paragraph 27 or under this paragraph shell] bo payable in respect of the period from 1h" first of October 1948 to the thirtyflrst of December 1948.

'•V2. Lumpsum Contribution.—-(1) Every employer shall be required to pay for credit to the "Eeservo Account" of the Fund a consolidated contribution in resppot of the period from the twelfth of May 1947 in the case of coal mines in West Bengal and Bihar and from the tenth-of October 1947 in the case of coal mines in the Central Provinces and Bernr and Orissa upto the thirtyfirst of December- 194H at such rate per ton of ronl raised in the coal mine during the period concerned as the Central Government mny specify in this behalf.

Provided that any sums deposited under paragraph 31 ns the employers' contribution and tho administrative charge shall be allowed as a deduction from the amount which would otherwise be required to be paid under this paragraph.

(2) Tho payment referred to in fliib-piiras;raph (I) shall be rrmdn by deposit hi such Government treasury oi¹ branch of the Imperial Hank of Tndin. and under sur-h hend of account and at such time, iis; the Central Government mny direct. The original trensury or bank cbalan shiill lie sent (o the Commissioner, with a statement in such form as ho mav specify, within one week of the date of tht deposit.

.n. Mode of Payment of Contribution—Affixing of stamps.—(l) Every contri- bution payable under this Scheme shall, except as otherwise provided herein, be paid by affixing a stamp in the space provided therefor in the Contribution Card maintained for each memher in Form T> or K annexed bereio.

(2) An employer who in liable- to pay contributions in respect of any member employer! by him, shall pay the contributions in the following manner: —

The employer shall buforc paying the member tho wages in respect of any part of the period for which contributions nre payable affix to the card of the member a atfimp or stumps in payment of tho contributions due in respect of that period:

Provided that it shall be the duty of the employer in any c a s e-

rn) before the termination of the employment, except where the employ- ment is terminated by the member without any notice or intima- tion to the employer, in which case the employer shall pray contributions within fourteen days of the termination of the employment,

(b) within six days after the expiration of the period of currency of the card,

(o) if the wages have become due but have not b"eu paid, within forty- eight hours after receiving a request in thab behalf from tho member, to nffix to the card ot the member a stamp or stamps in respeot of tho period ending at the date of such termination, expiration or request.

(\i) In respect o£ the period during which tho Contribution Card of the member has not been received by an employer from the last employer or the Commissioner, the employer shall prepare an emergency card in Form F annexed liercto and shall pay any contribution payable in respect of the member by affixing a stamp or stamps to such a card.

IM, Stamps to be affixed by employer only and stamps which have previously been affixed or are cancelled or defaced not to be affixed.—No person other than an employer .shall affix to the curt] any stamp rein ting to thin Scheme rtnd no person shall affix to a card any Htamp which bus been cancelled or defuced- or which has boen previously affixed to a card to which stamps are required or authorised to bo affixed for the purposes of this Scheme.

Jj5. Cancellation Of Stamps.-—yirvu as otherwise expressly provided in thia Scheme, an employer shall immediately itftvr affixing any contribution stamp to n, enrd cancel tho stamp by stamping with >i nu'tailiu. die with black indelible ink across the face of the stamp the date up in which it, is affixed and the em- ployer's registered number.

8ft, Writing on Contribution Cards and Btamps.—(1) An employer may, if he thinks fit, inscribe upon the card of any member employed by him, but only in such manner as may easily be erased or removed, the number of that member upon the pay list or in the boots of the employer.

(2) Have as otherwise expressly provided in this Scheme or as specially authorised by the Central Government, no writing or other mark shall bo made at any time upon the card or stamps until after the surrender o£ the card to- the Commissioner.

87. Declarations by employees and preparation of Contribution Cards.

Every person who is required to be a member or an initial memher of the Fund shall be asked.forthwith hy his employer to furnish and shall on such demand furnish to him, for communication to Ihe Commissioner, particulars concerning himself and his nominees in form A annexed hereto. The particulars shall be ontcred in his own hadwritiug or if he is unable to write., shall be, anoeHaiupd from him by the emyloyer and enterod in Form A. The employer shall obtain tho signature and/or the thumb improssion of the person and sign tho certificate on the form at tho place provided for the purpose nnd shall immediately there- after prepare in respect of the person a Contribution Card in Form I) or "R us may be appropriate.

;18. Submission of return of qualified employees.—Every emplovor shall send by legistered post or through a messenger to the Commissioner within six weekg of the commencement of each quarter a return, in duplicate, in Form H annexed hereto of the employees qualifying to become members of the Fund during the preceding quarter and shall send with ibis return the declarations in "Form A furnished by the persons qualifying.

90. Allotment of Account Numbers and Completion ol Identity Cards.—On receipt of the return required under paragraph 38 the Commissioner shall promptly allot an Account Number to eaoh person who has qualified to becomo a member and shall communicate the Account Number to the employer. He shall also arrange to have the persons so qualified photographed as'soon as possible and prepare Identity Cards for them in Form O annexed hereto Two copies of tho photographic prints shall be taken from the same negative and shall be affixed on the Identity Cards and the Declaration Forms. The Identity Cards shall thereafter be sent to the employer, who shall sign and the member

shall .sign or nffix hia thumb impression, across the edge of the photograph B* as to piv\'j;it its subsequent replacement.

40. Ouirency of Contribution Cards.—The Contribution Cards issued under this Scheme shall have the period of currency of one year:

Provided that this period of one year may commence and terminate "t such different times for coal mines in different areas as may be decided by the Board from time to time:

Provided further that the cords issued in respect of the first contribution period may have a period of currency longer or shorter than the period of one year.

41. Renewal of Oontrlbution Cards -Every employer shall, on or before the expiration of the period of currency of the Contribution Card, prepare in respeot of each member employed by him, a card in Form D or E ag may be appro priato for the next period of currency.

42. Submission of Contribution Cards to the Commissioner.—Every employer shall, within aix weeks from the date of expiration of the period of currency of the Contribution Cards in respect of members employed by him, send the Contribution Cards together with the Emergency Cards, if any, issued in respect of the members to the Commissioner by registered post or through a messenger together with a statement in duplicate in Form I annexed hereto.

48. Identity Card when handed over to Member.—When a member leaves service hi a coal mine, he may demand that the Identity Card be handed over "to him and if he does BO, the employer shall hand over that card to him after obtaining a receipt therefor on the wage-payment register.

44. Identity and Contribution Cards of Absentee Members—Submission to i;he Commissioner,—In. cases where an employee leaves service in o coal mine 'either without notice to the employer or without demanding his Identity Card, the employer shall keep his Identity Card and the Contribution Card, and in all cases his Contribution Card till the end of the calendar month following that in which the employee left service in the coal mide and then send the cards after making necessary entries therein by registered post or through a messenger to the Commissioner accompanied by a statement in duplicate in Form J annexed hereto, unless during this period the employee turns up again for service in the coal mine or the employer receives a requisition from another conl ±iiine for the cards of the member. In the latter case the cards should be Hunt to the other coal mine within 10 days of the receipt of the request after making appropriate entries in the Contribution Card and accompanied by a statement in Form J in duplicate, a copy of this statement being also sent at the same time to tho Commissioner.

45. Declaration Form—Procedure to be followed by the Employer.-—When a person presents himselE for work at a coal mine the employer shall ask him to •state whether or not he is a member of the Fund and if he is, ask for his Identity Card, Account Number rmd the name and the particulars of the last employer and get his curds from the Commissioner or from the last employer. When the new employer receives the Contribution Cards, Emergency Cards, if any, and Identity Cards, if any, in respect of the members of the Fund who have joined him, from the last employer or the Commissioner, he shall sign wnd return one oopv of the statement in Form ,T or K annexed hereto in token of receipt to the last employer or the Commissioner ns the case may he.

'10. Supply of Cards and Forma to employers.—The Commissioner shrcll supply to employers free of charge on demand Declaration Forms, Identity Cards, Contribution Cards, Emergency Cards, and other forms referred to in this Scheme:

Provided, that if any employer desires to obtain any card or form in excess oi what the Commissioner considers to be the requirement of the 'employer, the Ooimnissioiirr may, if he thinks lit, supply such excess curds or forms and make such charge therefor aa he considers necessary.

47. Custody of Identity and Contribution Cards.—The employer shall, subject to paragraph 48, retain the Identity and Contribution Cards in. respect of each member in his custody and shall take every possible precaution to guard them against loss or damuge.

48. Inspection of Cards by members.—Any member who mokes a request in this behalf to the employer shall bo permitted to inspect his cards within a period of 72 hours ot making such request provided that no member may miike such a request more than once in any calendar month.

49. Production oi Cards for inspection by the Commissioner or Inspector.—

(1) Every employer shall, whenever the Commissioner or any other officer authorised by him in this behalf or an Inspector so requests, either in person or by notice, produce to the Commissioner, Officer or Inspector the cards of any member employed by him and any card then in his possession, and if so required by the Commissioner, Officer or Inspector shall deliver such card to the Commissioner, Officer or Inspector, who may, if ho thinks fit, retain the L-ntd.

{2) The Commissioner, Officer or Inspector shall grant a receipt for every card retained by him.

50. Procedure for the purchase of Contribution Stamps by Employers- Kate ol Administrative Charge.—The contribution stamps to be affixed to tho Contribution Cards of'the inembors under this scheme shall be obtained by the employer from one of the Government treasuries specified in schedule 'A' on indent in Form 'N' annexed hereto and the nominal value' of the stamps indented for, together with an administrative charge of 5 per cenk of the nominal value of tho stampTt shall he pcrid into the treasury under the head i>£ account to be specified by the Central Government in this behalf:

Provided that tho rate of administrative charge shall bo reviewed bv the Central Government, in consultation with the Board, before the expiry of"three years from the date of publication of this Scheme.

:d. Stamps Suspense Account and Administrative m Account Out ni the total amount realized under paragraph 50 an amount equal to fhe nominal value of the stamps sold shall be credited to an account to be named us the "Stamps Suspense Account" and tho amount realized as the administrative charge shall be credited to an account to be called the "Administration Account".

52. Provident Fund Account.—When the Contribution Cards of members are received after tho expiration of theiv period of currency from the employers, the aggregate amount for which stamps have been affixed on the Contribution Cards shall be credited to an account to bo called the "Provident Fund Account" by contra debit to the "Stamps Suspense Aocount",

53. Interest Suspense Account.—AH interests, rents eto. realised and net profits or losses, if any, from the sale of investments, not including therein the transactions of the Administration Account, shall be credited, or as the case may be debited, to an account called tho "Interest Suspense Account". Brokerage and commission on the purchase and sale of securities and other investments shall be included in the purchase or sale price, as the case may be, and not separately charged to the "Interest Suspense Account".

54. Investment of Monies belonging to the Coal MineB Provident Fund.— (1) All monies belonging to the Coal Mines Provident Fund Bha.ll be either-

deposited in the Imperial Bank of India or in suoh other scheduled bomka as may be approved by the Central Government from time to time, or invested in securitieu mentioned or referred to in clauses (a) to (d) of section 20 of the Indian Trusts Act, 1882 (II of 1882), subject to the condition that the securities in which investments tire made are payable both in respect of capital and of interest in the Dominion of India.

{2) Thi.' Board shall prepare a classified summary of the Assets of the Fund as on the 31st March in each year or on such other date as the Central Government may specify in Form O annexed hereto, and shall append it to the annual report required to be submitted to the Central Government under paragraph 68.

55. Disposal oi the Coal Mines Provident Fund.—Subject to the provisions of the Act and of thm Scheme, the Coal Mines Provident Fund, not including therein the Administration Account, shall not, except with the previous sanction of the Central Government, be expended for any purpose other than the pay- • men I of the sums standing to the credit of individual membera,r,of the Fund or to their nominees or heirs or legal representatives in accordance with the pro- visions of thin Scheme.

50. Expenses of Administration.— (1^ Subject to the provisions of the \c,t and of the Scheme nil expenses of admirrstnition of the Coul Mines Provident Fund, including the fees nnd arowanees of the trustees and of the members of the Committee and salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities and compassionate allowances, pen- sion H, contribution to Provident Fund or other benefit funds for thi- officers and Bervants of the Fund, the cost of audit of the accounts, legal expenses nnd the cost of all stationery and forms required for the purpose of giving effect to this ScVmt¹, shal' be met from tha Administration Account,

(2) All expenses incurred by the Central Government for and in connection with the estHblshment of the Fund, whether before or after the date of its establishment, shall be treated as a loan advanced by the Central Government to the Fund and such loon shall be repaid to the Central Government from the Administration Account.

57. Budget.—(1) The Committee shall place before the Board at a meeting t.o be he'd in January each year a budget showing separately the probable receipts from the sale of stamps and the levy of the administrative charge and the expend turo which it proposes to incur during the financial year commencing on the first of April next. The budget as approved by the Board shall be submitted for sanction to the Central government before the 15th of February eaeli year.

(2) The Central Government may sanction the budget as submitted or with euch n'Wations therein aa it considers desirable.

58. Form Ol Accounts.—The Board shall maintain the accounts of the Fund, including the "Administration Account", in wich form and manner as may be spif.ili"d h" "it with the previous approval of the Central Government.

fiO Audit.—(1) Thf accounts of the Fund, including the "Administration Account", shall be audited in such manner as the Centrul Government may direct.

(2) The cost of the audit as determined by the Central Government RIIHII be paid out of the "Administration Account".

nO Members' Accounts.—(1) An account shall bo opened in the nnme of each member in which shall be credited—

(i) his contributions, (v) the contributions made by his employer, and! (iii) interest, as provided by paragraph 61.

(2j All items of account shall be calculated to the nearest anna. (11) On receipt of the Contribution and Emergency Cards, if any, of a member from his employer at the end of the period of currency of the Contribution Card, the Commissioner shall ascertain tho nominal vaule of the contribution stumps affixed on tho card or cards of tho member and shall credit to the account of the member, us at the iaat day of the period of currency, the employer's contribu- tion and the member's contribution included in such nominal amount.

61. Interest.—(1) The Commissioner shall credit to the account of each member interest fit such rat*.¹ us may be determined by the Central Government in consultation with the Board in respect of the periods of currency of the •cards expiring in each financial year.

(2) Interest for the period of currency of the card shall be credited with effect from the last day of the period on the opening balance at the credit of the member on the first day thereof:

Provided that, when the amount standing at thy credit of the member has become payable, interest shaM thereupon be credited under this sub-paragraph •only for the period from the beginning of the current period upto the end of the month preceding the date of tender of payment, or upto the end of the sixth month after the month in whieh thr amount hiie become payable, whichever i> earlier.

(S) The aggregate amount of interest credited to the accounts of the members •shall be dob ted to "Interest Suspense Account'".

Provided that if at the time of withdrawal he has not completed 5 years us a member of the Fund the omployer'n contribution and interest thereon shall be forfeited to the .Fund, or

(b) on retirement on "account of permanout and total incapacity tor work in the coalfields duo to bodily or mental infirmity.

j2) Tho "Board may permit a member, who has not attained the age <>t ?>(> Tears, to withdraw the amount standing to his credit iri the Fund if—

(a) he has migrated from India for permanent settlement abroad, or (b) ho has not been employed in any coal mine to which this Schema applies for a continuous period of not less than one. year imme- diately preceding the dnte on which he makes fin application for withdrawal, or

(c) in the case of a member employed on fixed term contract, ho does not continue to work in the coincide after the expiry of his con- tract:

Provided, however, that before the withdrawal is allowed (i) the full amount of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of membership is IPBB than 10 years, or (ii) half the amount of the employer's contribution and interest thereon shall be forfeited to the Fund if the period of membership is 10 years or more but less than '25 years.

(3) A member who withdraws under sub-paragraph (2) shall be required to join as a new member of the Fund if he obtains employment again in o. i'oal mine and qualifies again for the membership of the Fund.

(4) All sums forfeited to the Fund under sub-paragraphs (1) and (2) HIUIII bo credited to tho "Beserve Account," of the Fund.

64. Accumulations of a deceased member—to whom payable.—On the death of a member before the amount standing to his credit has become payable, or where the amount h;:s become payablr, before payment has been made—

(i) if u nomination made by the member in accordance with paragraph 62 subsists, the amount, ytnnding to his credit in the Fund or that, • part thereof to which the nominat'on relates, shall become payable to his nominee* or nominees in ticcordance with such nomination;

(ii) if no nomination subsists or if the nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the n&nination does not relate as the case may he shall become payable to the members of his family in oquul shares:

Provided that no share shall be payable to—

(a) sons who have attained majority; (b) sons of a deceased son who have attained majority; (o) married daughters whose husbands are alive;

(d) married daughters of a deceased son whof">. hunhands are alive;

if there is; any member of the fami'y other than thojo specified in clauses (i), (b), (c) and (d) :

Provided further that the widow or widows, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received if he had survived the member and had not attained the age of majority at the time of the member's death.

Nora.—For the purpose of this paragraph a member'a posthumous child, if born uli^fl, shall be treated in the same way as a aurvivinfj child horn before the member's deavh.

Q5. Deductions from the Account of members dismissed for serious and wilful misconduct—(1) If a member is dismissed by an employer in a coal mine for serious and wilful misconduct, the employer may send intimation thereof to the Commissioner and the Commissioner shall have the power to forfeit tha employer's contribution upto a maximum of the employer's contribution in the last two complete periods of currency of the Contribution Cards and those of the period of currency of the current Contribution Card.

(2) Before exercising the power of forfeiture conferred on him by sub- parayraph (1), the Commissioner shall call upon the member concerned, by notice in writing, to show cause why the forfeiture should not be made and shall decide the amount of forfeiture after taking into account any representa-' tion made by the member.

(3) Each forfeiture made under sub-paragraph (1) shall be brought to the notice of the Committee at a meeting to be held within 3 months of the date of such forfeiture and may be reviewed by the Committee either at its own instance or at the request of the employer or the member.

(4) Any amount forfeited from the individual account of a member under sub-paragraph (1) shall not be returned to the employer but shall be credited to tlr: "Reserve Account" of the Fund.

66. Payment Of Provident Fund.—(1) When the amount standing to the credit of a member, or the balance thereof after any deduction under paragraphs 63 or 65 becomes payable, it shall be the duty of the Commissioner to make prompt payment as provided in this Scheme. He shall close the account of the member and give notice in writing to the person to whom the amount is payable, specifying the amount and tendering payment thereof.

(2) If any portion of the amount, which has become payable, is in doubt or dispute, the Commissioner shall make prompt payment of that portion of the amount in regard to which there is no dispute or doubt, the balance being adjusted as soon after as may be.

(3) If the person to whom any amount is to be paid under this Scheme is a minor or lunatic for whose estate a guardian under the Guardians and Wards Act, 1890 (VIII of 1890), or a manager under the Indian Lunacy Act, 1912 (IV of 1912), as the case may be, has been appointed, the payment shall be made to such guardian or manager, and if no such guardian or manager has been appointed, the payment shall be made to the person authorised by law to receive payment on behalf of the minor or lunatic.

(4) If it is brought to the notice of the Commissioner that a posthumous child is to be born to the deceased member, he shall retain the amount which will be due% to the child in the event of its being born alive, and distribute the balance. If subsequently no child is born or* the child is still-born, the amount) retained shall be distributed in accordance with the provisions of paragraph 64.

(T>) Any person who desires to claim payment under this paragraph shall send a written application to the Commissioner, who may, at the option of the person to whom payment is to be made, make the payment—•

(i) by postal money order at the cost of the payee, or (ii) by crossed cheque sent through post, or (•Hi) by crossed cheque or cash at the office of the Commissioner, or (iv) by deposit in the payee's postal" savings bank account, if any.

67. Annual statement of Members' Account.—(1) As soon as possible liter the close of each period of currency of the Contribution Card the Commissioner slnll send to" each member through the employer of the coal mine in which he was last employed a statement of his account in the Fund snowing the opening balance at the beginning of the period, the total amount credited or debited

in the period, Lhe totuL amount o\ mUiest credited at my end or trio period and the closing balance at the end of tbo period.

(2) Members should satisfy themselves as to tho correctness of the annual statement and tiny error should lie brought to tho notice of the Commissioiiexy within Bix months of the receipt of the statement.

G6. Annual Report on the Working of the Scheme.—The Board shall submit to the Central Government an annual report on the working of the Coal Miues Provident l\md Scheme.

6fl. Issue of Duplicate Identity Cards and Copies of Member's Accounts, Annual Report etc.—The Commissioner shall issue duplicate Idontity Cards and furnish copies of- the member's account and of the annual report of the Fund 1.o any member on written application on payment of such fees and subject to such conditions as may be specified by tho Board in this behalf. 70. Punishment for failure to Pay Contributions etc.—If any person—

(a) fails to pay any contribution which he is liable to pay under this*.

Scheme, or

(b) deducta or attempts to deduct from the wages or other remuneration of a member the whole or any part of the employer's contribution, or

(c) removes a stamp from a Contribution Card or uses or attempts to use a stamp which has already been cancelled or defaced or which had previously been affixed to a Contribution Card, or

(d) fails or refuses to submit any return, statement or other documents required by this Scheme or submits a. false return, statement of other document, or

(e) obstructs any Inspector or other official appointed under the Act or this Scheme in tho discharge of his duties, or

(f) is guilty of any contravention of or non-compliance with any of ttto requirements of the Act or of this Scheme in respect of which no special penalty is provided,

he shall be punishable with imprisonment which may extend to six months or with ime which may extend to one thousand rupees, or with both.

"-

SCHKDULK A

List of treasuries at which Coal Miues ]?rovident Fund Contribution Stamps* are stocked for issue to registered Coul Mines.

West Bengal

Asanso] Calcutta

Bihar

Manbhum Dhanbad.

PTitzaribagh

Central Provinces and Berar

.Buikunthpur '

Bilaspur Chanda

Chhindwara

Oriasa.

Sambalpur Talcher