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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 44] NEW DELHI, FRIDAY, SEPTEMBER 24, 1965/ASVINA 2, 1887

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOK SABHA

The Following Bills were introduced in Lok Sabha on the 24th September, 1965: —

BILL NO. 65 OF 1965

A bill to make certain provisions relating to the employment of mem-

bers of the Armed Forces of the Union in the working and

management of railways.

BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:—-

1. (1) This Act may be called the Railways (Employment of Members of the Armed Forces) Act, 1965.

Short title extent and commence- ment.

5

(2) It extends to the whole of India. (3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

( 987)

9 of 1890.

Interpre- tation.

2. Words and expressions used in this Act and denned in the Indian Railways Act, 1890, shall have the meanings respectively as- signed to them in that Act.

5 3. (1) When any member of the Armed Forces of the Union is employed to assist a railway administration in connection with the service of a railway, then, whether such employment was before or is after the commencement of this Act,—

9 of 1890.

LO Employ- ment of members of Armed Forces of the Union to assist a railway adminis- tration in connection with the servico of a railway.

(a) any provision of the Indian Railways Act, 1890, or of the rules made thereunder, which confers a power, status or im- munity, or imposes a duty or liability, upon a railway servant, in connection with the working, use, management and mainten- ance of railways, shall be construed as conferring the same power, status or immunity or imposing the same duty or Jiability, as the case may be, upon such member of the Armed Forces of the Union when an emnlnveri-

15

(b) the employment of a member of the Armed Forces of the Union, in addition to or in the place of any railway servant, shall not affect any liability that would have attached to the rail- way administration had such member been a railway servant,

20

9 of 1880.

(2) Nothing in sub-section (1) shall be construed as making applicable to the members of the Armed Forces of the Union em- ployed to assist a railway administration the provisions of Chapter VIA of the Indian Railways Act, 1890, or as derogating from any provision of a law regulating the governance, control and disci- pline of the members of the Armed Forces of the Union.

25

30

9 of 1890.

4. If at any time the whole of the working, management and maintenance of a railway, or of a specific portion or section of a railway, is assumed by the Armed Forces of the Union, the Central Government may notify the fact of such assumption in the Official Gazette, and thereupon, so long as such assumption continues, the Indian Railways Act, 1890, shall cease to be applicable to the Rail- way or the portion or section of the Railway concerned,

Employ- ment of members of Armed Forcea of the Union to replace railway adminis- tration in work- ing a railway.

STATEMENT OF OBJECTS AND REASONS

In an emergency, occasions may arise when members of the¹ Armed Forces have to be employed to assist the Railway administra- tion in manning the Railways. The personnel so employed do not, however, fall within the definition of "Railway servants" under the Indian Railways Act, 1890, even while actually working on Railways. It is, therefore, necessary to confer upon the members of the Armed Forces so employed the same powers, status and immunities, and im- pose upon them the same liabilities, as are applicable to Railway servants under the Indian Railways Act, 1890. Sometimes even the whole of the working, management and maintenance of a Railway or specific portion or section of it, may have to he assumed exclusively by the Armed Forces. During the period of such assumption the Indian Railways Act, 1890 should not apply in respect of the Rail- way or portion or section of the Railways so taken over. The Bill, which closely follows the provisions contained in Ordinance 53 of 1942 (since repealed by Act 2 of 1948), seeks to achieve the above objects.

NEW DELHI; Y. B. CHAVAN.

The 23rd September, 1965.

BILL NO. 64 OF 1965

A bill to amend and consolidate the law relating to the financing of

measures for promoting the welfare of labour employed in the

coal-mining industry.

BE it enacted by Parliament in the Sixteenth Year of the Republic

of India as follows:—•

CHAPTER I

PRELIMINARY

1. (7) This Act may be called the Coal Mines Labour Welfare

5 Fund Act, 1965.

(2) It extends to the whole of India except the State of Jammu

and Kashmir.

Short title, extent' and com- mence- ment.

(3) It shell come into force on such date as the Central Govern-

10 ment may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "Board" means the Board of trustees constituted under

section 5;

(b) "Commissioner" means the Coal Mines Labour Welfare

Commissioner appointed under section 9;

5

(c) "Fund" means the Coal Mines Labour Housing and

General Welfare Fund constituted under section 17;

(d) "prescribed" means prescribed by rules made under this

Act;

(e) "Standing Committee" means the Standing Committee 10

constituted under section 11;

(/) "Trust" means the Coal Mines Labour Welfare Fund

Trust established under section 3;

(jgr) "trustee" means a trustee appointed or nominated under

section 5;

15

(h) "year" means the financial year.

CHAPTER II

T HE COAL MINES LABOUR WELFARE FUND TRUST

20

3. (7) The, Central Government shall, by notification in the Official Gazette and with effect from such date as may be specified therein, establish for the purposes of this Act a Corporation known as the Coal Mines Labour Welfare Fund Trust.

Establish. ment of Coal Mines Labour Welfare Fund Trust.

25

(2) The Trust shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued.

(3) The head office of the Trust shall be at Dhanbad or at such other place as the Central Government may, by notification in the Official Gazette, specify.

(4) The Trust may establish local offices, branches or agencies at 30

other places in India.

4. The general superintendence, direction and management of Manage- ment.

the affairs and business of the Trust shall vest in a Board of trustees which may exercise all such powers and do all such acts and things as may be exercised or done by the Trust under this Act.

35

5. (i) The Board of trustees shall consist of the following trus- Board of trustees. tees, namely: —

(a) the Minister for Labour in the Central Government, ex- officio, who shall be the Chairman;

5 (b) an official of the Ministry of the Central Government dealing with labour and employment, appointed by the Central Government, who shall be the Vice-Chairman;

(c) an official of the Ministry of the Central Government dealing with finance, appointed by the Central Government;

10 (d) four other officials appointed by the Central Govern- ment to represent that Government and such of the State Governments as the Central Government may specify;

15 (e) six persons representing employers to be nominated by the Central Government in consultation with such organisations of employers as may be recognised for the purpose by that Government;

(f) six persons representing employees to be nominated by the Central Government in consultation with such organisations of employees as may be specified by that Government;

(fif) a woman nominated by the Central Government if no

' 20 woman has been nominated under* clause (f);

(h) two mining engineers to be nominated by the Central Government to represent mine managers.

25 (2) The term of office of, and the manner of filling casual vacan- cies among, the trustees of tho Trust, other than the Chairman, and tihe other terms and conditions of appointment or nomination of such trustees (including allowances payable for attending meetings of the Board or the Standing Committee) shall be such as may be prescribed.

6. A person shall be disqualified for being appointed or nominated as, and for being, a trustee—

30 Disquali- fication for office of trustea.

(a) if he is an officer or other employee of the Trust; or

(b) if he Is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors; or

(c) if he is of unsound mind and stands so declared by a competent court; or

(d) if he is or has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude.

7. (/) The Central Government may remove from office any 5

trustee who—

(a) is or has become subject to any of the disqualifications

Removal and re- signation of trustees.

mentioned in section 6; or

10

(b) is absent without leave of the Board of trustees from three consecutive meetings thereof without cause sufficient, in the opinion of the Board, to exonerate his absence; or

(c) ceases to represent the interest 1o represent which he was nominated.

15

(2) A trustee may resign his office by giving notice thoreof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office.

Meetings of Board.

20

8. (7) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of busi- ness at its meetings (including the quorum at meetings) as may be provided by regulations made by the Trust under this Act.

(2) The Chairman of the Board or, if for any reason he is unable to attend any meeting, the Vice-Chairman thereof shall preside at the meeting.

25

(3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the trustees present and voting and, in the event of an equality of votes, the Chairman or, in his absence, the Vice-Chairman shall have and exercise a second or casting vote.

30

Officers and other employees of Trust.

9. (1) The Central Government shall, after consultation with the Union Puhlic Service Commission, appoint a person to he the Coal Mines Labour Welfare Commissioner who shall be the chief executive officer of the Trust and shall be subject to the general control and superintendence of the Board.

35

(£) The Central Government may, aiter consultation with the Union Public Service Commission, also appoint as many other officers whose maximum monthly salary is not less than one thousand rupees, as it may consider necessary to assist the Commissioner in the dis- charge of his duties.

40

(3) Subject to such rules as may be made by the Central Govern- ment in this behalf, the Trust may appoint such other officers and employees as it considers necessary for the efficient performance of its functions.

(4) The methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the Trust shall,—

(a) as respects the Commissioner, and the other officers re-

5 ferred to in sub-section (2), be such as may be prescribed;

(b) as respects the other officers and employees, be such as may be determined by regulations made by the Trust under this Act:

io 32 of 1047.

15 Provided that all officers and other employees appointed under the Coal Mines Labour Fund Act, 1047, and holding office immediately before the date referred to in sub-section (1) of section 3 shall be deemed to have been appointed as officers and employees of the Trust with effect from that date and every such officer and employee shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and the same rights and privileges as to pension, leave, provident fund and other matters as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms end conditions are altered by the Trust with the approval of the Central Government:

20

Provided further that such tenure, remuneration and terms and conditions of service shall not be altered to the disadvantage of any such officer or employee.

Functions of Truat,

25 10- (1) It shall be the duty of the Trust to promote, under the general direction and control of the Central Government, the welfare of labour employed in the coal-mining industry by such measures as it thinks fit.

(2) Without prejudice to the generality of the provisions of sub- section (1), the measures referred to therein may relate to—

V (i) the improvement of public health and sanitation, the pre- vention of disease, the provision of medical facilities and the improvement of existing medical facilities, including the pro- vision and maintenance of dispensary services in collieries the owners of which do not receive grants-in-aid under section 18;

(ii) the provision of water supplies, and facilities for wash- 35 ing, and the improvement of existing supplies and facilities;

(Hi) the provision and improvement of educational facili- ties;

(iv) the improvement of standards of living, including nutrition, amelioration of social conditions and the provision of recreational facilities;

(v) the provision of transport to and from work.

5

(vi) the erection, maintenance and repair of housing accommodation for labour employed in the coal-mining industry and the provision of services and facilities connected therewith;

(vii) the preparation of schemes and acquisition of land for

the purposes referred to in clause (in);

10

(viii) such other matters as may be prescribed.

H. (1) A Standing Committee shall be constituted from among

the members of the Board consisting of—-

(a) the Vice-Chairman of the Board, who shall be the Chair-

Constitu- tional Standing Commit- tee.

man;

(6) the trustee referred to in clause (c) of sub-section (2) 15

of section 5;

(c) any two of the trustees referred to in clause (d) of sub-

section (1) of section 5, appointed by the Central Government;

(d) three trustees each, from among the trustees referred

20 to in clause (e) and clause (f) of sub-section (1) of section 5, nominated by the Central Government.

(2) The Standing Committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Trust in this behalf.

25

12. (1) Subject to the general control, superintendence and direction of the Board, the Sianding Committee shall administer the affairs of the Trust and may exercise any of the powers and perform any of the functions of the Trust.

Powers of Standing Commit- tee.

(2) The Standing Committee shall submit for the consideration 30

and decision of the Board all such carets and matters as may be speci- fied in the regulations made by the Trust in this behalf.

(3) The Standing Committee may, in its discretion, submit any- other case or matter for the decision of the Board.

5 Member of Board or of Stand- ing Com- mittee not to take part in certain cases.

IX A member of the Board or of the Standing Committee who has uny direct or indirect pecuniary interest m any matter coming up for consideration at a meeting of the Board or the Standing Com- mittLi shall, as soon as possible alter relevant circumstances have come to his knowledge, disclose the nature of the interest at such meeting and the disclosure shall be recorded in the minutes of the Board or, as the case may be, of the Standing Committee, and there- upon the member shall not lake any part in any deliberation of the Board or the Standing Committee with respect to that matter.

10

i5 14. (7) If, in the opinion of the Central Government, 'no Board or the Standing Committee persistently makes default in performing the duties imposed on it by or under this Act ur abuses its powers, that Government may, by notification in the Official Gazette, super- sede the Board, or in the case ot the Standing Commit Lee, supersede in consultation with the Board, the Standing Committee:

Superses- sion of Board and Standing Comrodt- tee.

20 Provided that, before issuing the notification under this sub-sec- tion, the Central Government shall give a reasonable opportunity to the Board or the Standing Committee, as the case may be, to show cause why it should not be superseded and shall consider the expla- nations ond objections, if any, of the Board or the Standing Com- mittee, as the case may be.

25 (2) Upon the publication of a notification under sub-section (1) superseding the Board or the Standing Committee, all the members of the Board or the Standing Commitiee, as the case may be, shall, as from the date of such publication, be deemed to have vacated their offices.

(3) When the Standing Committee has been superseded, a new Standing Committee shall be immediately constituted in accordance with eection 11.

(•4) When the Board has been superseded, the Central Govern-

?o

ment may—

(a) immediately reconstitute the Board in accordance with section 5 and may constitute a new Standing Committee under section 11;

35 (b) in its discretion, appoint such agency, for such period as it may think fit, to exercise the powers and perform the functions of the Board and such agency shall be competent to exercise all the powers and perform all the functions of the Board.

5

(5) The Central Government shall cause a full report of any action taken under this section and the circumstances leading to such action to be laid before Parliament at the earliest opportunity and in any case not later than four months from the date of the notifica- tion superseding the Board or tho Standing Committee, as the case may be.

CHAPTER III

FINANCE, ACCOUNTS AND AUDIT

10

Imposition and col- lection of duty. 15, (1) There shall be levied and collected as a ces

15 Provided that the Central Government may, by notification in the Official Gazette, exempt from liability to the duty any specified class or classes of coal or coke.

20

(2) The duty levied under sub-section (1) shall, subject to and in accordance with rules made in this behalf, be collected by such agencies and in such manner as may be prescribed.

Payment uf pro- ceeds of I he duty to Trust 16. The proceeds of the duly levied under section 15 shall first be credited to the Consolidated Fund of India and tho Central Govern- ment may, if Parliament by appropriation made by law in this behalf 50 provides, pay to the Trust, such proceeds, after deducting the expenses of collection, for being utilised for the purposes of this Act. 25

17. (1) There shall be constituted by the Trust a Fund to be called

the Coal Mines Labour Housing and General Welfare Fund.

Constitu- tion of Fund.

30

(2) The Fund shall 1c apportioned under two separate accounts to be called the Housing Account of the Fund and the General Welfare Account of the Fund in such manner as tho Central Government may, from Lime to tirno, by notification in the Official Gazette deter- mine:

Provided that there shall at all times be credited—

(a) to the Housing Account of the Fund not less than eight

paise, and

35

(5) to the General Welfare Account of the Fund not more

than twenty-eight pai^e,

out o[ Lhe duty collected under this Act on every tonne of coal or coke.

(3) There shall also be credited to the General Welfare Account of the Fund any other moneys received by the Trust towards such account.

(4) There shall also be credited to the Housing Account of the

5 Fund—

W any grants made tnereto by the Central uovernment after due appropriation made by Parliament by law in this behalf;

(b) rents, if any, realised from housing accommodation con-

10 structed out of such account;

(c) any other moneys received by the Trust towards the Housing Account.

Expendi- ture from Fund.

25 18. (7) The cost of administering the Fund and the salaries and allowances, if any, of the Commissioner and other officers and staff appointed to supervise or carry out the measures financed from the Fund shall be defrayed out of the Fund and shall be apportioned between and debited to the Housing Account and the General Wel- fare Account in such manner as may be prescribed.

20 (2) The Trust may, out of the General Welfare Account of the Fund, pay annually grants-in-aid to such of the colliery owners as maintain to the satisfaction of the Commissioner dispensary services of the prescribed standard for the benefit of labour employed in their collieries, so however that the amount payable as grant-in-aid to the owner of a colliery shall not exceed—

25 (i) the amount of the duty at the rate of four paise per tonne recovered in respect of coal or coke despatched from the colliery less the proportionate cost of recovery, or

30 (ii) the amount spent by the owner of the colliery in the maintenance of the dispensary service as determined by the Commissioner, whichever is less:

35 Provided that where a colliery owner has, in the opinion of the Commissioner, maintained dispensary service of a standard higher than the prescribed standard for the benefit of labour employed in his colliery, then, the rate of the duty referred to in clause (i) may extend up to six paise per tonne:

4° Provided further that no grant-in-aid shall be payable in respect of dispensary service maintained by the owner of a colliery if the amount spent thereon as determined by the Commissioner is less than rupees eighty per mensem.

(3) The balance of the moneys in the General Welfare Account of the Fund shall be applied by the Board to meet expenditure in- curred in connection with measures which are in the opinion of the

Board necessary or expedient to promote the welfare of labour employed in the coal-mining industry.

5

(4) Without prejudice to the generality of gub-section (3), the moneys in the General Welfare Account of the Fund may be utilised t-o defray—

(a) the cost of measures for the benefit of labour employed in the coal-mining industry undertaken in pursuance of the pro- visions of clauses (i) to (v) of sub-section (2) of section 10:

(b) the grant to a State Government, a local authority or 10 the owner, agent or manager of a coal mine of money in aid of any scheme approved by the Trust for any purpose for which moneys in the General Welfare Account of the Fund may be utilised;

(c) the allowances, if any, of the members of the Board and the Standing Committee;

15

(d) any other expenditure which the Trust directs to be defrayed out of the moneys in the General Welfare Account of the Fund.

(b) The moneys m the Housing Account of the Fund shall be 20 applied by the Board to defray—

(a) the cost of measures for the benefit of labour employed in the coal-mining industry undertaken in pursuance of the provisions of clauses (vi) and (vii) of sub-section (2) of sec- tion 10;

25

(b) the grant to a State Government, a local authority or the owner, agent or manager of a coal mine of money in aid of any scheme approved by the Trust for any purpose for which moneys in the Housing Account of the Fund may be utilised:

30

(c) any other expenditure which the Trust directs to be defrayed out of the moneys in the Housing Account of the Fund.

.(6) The Board may invest moneys in the Fund in securities of the Government of India or, with the previous approval of the Central Government, in other securities.

35 (7) The Board will have power to decide whether any particular expenditure is or is not debitable to the Housing Account or to the General Welfare Account of the Fund.

40

Provisions regarding housing accommo- dation , 19. (1) The occupation by any person of any housing accommoda- tion provided out of the Housing Account of the Fund shall be sub- ject to compliance by that person at all times with .f;uch conditions relating to his occupation of such ncrommodaiion as may be pres- cribed by regulations madt> by the Trust in this behalf.

5 (2) Before any person occupies any such accommodation, he shall be furnished with a copy of the conditions referred to in sub-section (1), and if he so desires, the said conditions shall be read over to him in a language which he understands; and the Board shall cause to be published in such manner as it thinks beat adapted for informing the persons concerned any changes which may, from time to time, be made in the said conditions.

10

)5 (3) If, in the opinion of the Board, any person in occupation of any such accommodation fails or ceases to comply with any of the conditions referred to in sub-section (1), it may, by notice in writing, require him to vacate the accommodation on or before such date, not being less than thirty days after the service of the notice, as may be specified in the notice; and the occupation of such accommodation by such person or any dependent of his after the date so specified shall be unlawful, and such person or dependent may be evicted accordingly by due process of law from such accommodation.

(4) There shall be payable in respect of the occupation of any such accommodation as aforesaid rent at such rate as may be pres- bribed by regulations made by the Trust in this behalf:

20 Provided that the Board may remit, subject to compliance at all times with the conditions referred to in sub-section (1), either the whole or any part of such rent:

=5 Provided further that where, in the case of any person who is by virluc of a remission under the first proviso paying either no rent or ii reduced rent, the Board has reason to believe that such person has contravened any of 1hc said conditions, it may by notice in writing require such person to pay, with effect on and after the expiry of seven chyu from the service of the notice, rent for the accommodation occupied by him at the full prescribed rate.

3° (5) All rent payable in respect of the occupation of the accom- modation as aforesaid, whether at thp full prescribed rate or at a lesser rate, shall be recoverable as an arrear of land revenue.

20. (1) The Trust shall, before the commencement of each year, prepare a statement of programme of its activities during the forth- coming year as well as a financial estimate in respect thereof. 35 Submis- sion o'f pro- gramme of activi- ties and financial estimates.

(2) The statement and the financial estimate prepared under sub- section (/) shall, not less than three months before the commence- ment of each year, be submitted for approval to the Central Government.

(3) The statement and the financial estimate of the Trust may, with the approval of the Central Government, be revised by the Trust.

5

(4) No sum shall be expended by or on behalf of the Trust un- less the expenditure is covered by a specific provision in the financial estimate approved by the Central Government.

Accounts and audit.

id

21, (/) The Trust shall maintain proper accounts and other rele- vant records and prepare the statement of accounts including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the Trust shall be audited by the Comptroller and Auditor General of India at such intervals as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the Trust to the Comptroller and Auditor General.

15

20

(3) The Comptroller and Auditor General of India and any person appointed by him in connection with the audit of the accounts of the Trust shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor General has in connection with audit of Government accounts, and in parti- cular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and inspect any of the offices of the Trust.

²5

(4) The accounts of the Trust as certified by the Comptroller and Auditor ^General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government.

22. The Trust shall submit to the Central Government an annual report of its work and activities.

Annual Report,

30 23. The annual report, the audited accounts of the Fund and the financial estimate as approved by the Central Government shall be placed before Parliament and published in the Official Gazette.

Financial estimate, audited accounts and annual report to be placed before Parlia- ment,

CHAPTER IV

MISCELLANEOUS

5 24. The Central Government may give directions to the Trust as to the carrying into execution of this Act and the Trust shall comply with such directions.

Power of Central Govern- ment to give direc- tions.

25. (1) No act or proceeding of the Trust or the Standing Com- mittee shall be invalid by reason only of the eisxtence of any vacancy in, or any defect in the constitution of, the Board or the Standing Committee.

10 Vacancies, eic, noi LO invalidate acts or proceed- ings of Board, etc.

(2) No act done by any person acting in good faith as a member of the Board or of the Standing Committee shall be deemed to be invalid by reason only of his disqualification for being appointed as, or lor being a member of such Board or the Standing Committee.

Powers oi Officers.

J5

45 of I860.

2fi. (1) Any person appointed under section 9 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

20 (2) The Commissioner or any officer authorised by him in this behalf may, with such assistance if any as he thinks fit, enter at all reasonable times any place which he considers it necessary to enter for the purpose of supervising or carrying out the measures financed from the Fund and may do therein anything necessary for the pro- per discharge of his duties.

²5 Protection of action taken under this Act.

27. No suit or other legal proceeding shall lie against the Trust or any member of the Board or the Standing Committee or any officer nr other employee of the "Jrust or any other person authorised by the Trust or the Board or the Standing Committee or the Commissioner to discharge any functions under this Act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act.

3°

43 of 1961.

Exemp- tion from income- tax.

28. Notwithstanding anything contained in the Income-tax Act, 1.9(31 or in any other enactment for the time being in force relating to income-tax or any other tax on income, profits or gains, the Trust ,hall not be liable to pay income-tax or any other tax in respect of any income, profits or gains derived by it from any source.

35 Power to make rules.

29. (1) The Central Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry into effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power,

rules made under this section may provide for-—

40 (i) the manner in which the duty levied under sub-sec-

tion (1) of section 15 shall be collected, the persons who shall be liable to make the payments, the making of refunds, remissions and recoveries and the deduction of a percentage of the realiza- tions to cover the cost of collection;

5

(ii) the term of office of, and the manner of filling casual vacancies among, the trustees, the allowances, if any, payable to them and the other terms and conditions of their appointment or nomination;

(in) the form of the annual statement of accounts and the 10

balance-sheet to be prepared by the Trust;

(iv) the apportionment between the Housing Account and the General Welfare Account of the Fund of the expenditure on the administration of the Fund and on the salaries and allowances of Commissioner and other officers and employees of the Trust;

15

(v) the standard of dispensary service to be provided by owners of collieries under sub-section (2) of section 18 and the inspection and supervision of the dispensaries and other places at which such services are provided;

20

(vi) the application by owners of collieries for grants-m- aid, the authority to whom and the manner in which such appli- cations shall be made and the particulars to be specified in such applications;

(vii) the manner in which dispensary service may be pro- vided by the Trust;

25

(viii) the conditions governing the grant of money from the General Welfare Account and the Housing Account of the Fund to a State Government, a local authority or the owner, agent or manager of a coal mine;

y>

(ix) the methods of appointment, the conditions of service, the scales of pay and the duties and functions of the Commis- sioner and the other officers referred to in s-ub-section (2) of section 9;

35

(x) the furnishing by owners, agents or managers of coal mines of statistical or other information, and the punishment by fine not exceeding two hundred rupees for failure to comply with the requirements of any rules made under this clause;

(xi) any other matter which is to be or may be prescribed or provided for by rules under this Act.

4o

(3) Every rule made by the Central Government under this section 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 successlv" 813 G ot I Ex—5.

5 sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be 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 rule.

10 Power of Trust to make regula- tions.

30. (1) The Trust may, with the previous sanction of the Central Government, by notification m the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, to pro- vide for all the matters tor which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for—

*5 (a) the methods of recruitment, the conditions of service, the scales of pay and the duties and conduct of the officers and em- ployees of the Trust, other than the Commissioner and the offi- cers referred to in sub-section (2) of section 9;

20 (b) the financial and administrative powers of the Board, the Standing Committee, the Commissioner and other officers of the Trust;

(c) the times and places at \

25 (d) the conditions relating to occupation of housing accom- modation provided out of the Housing Account of the Fund and the rate of rent for such accommodation;

(e) generally, the efficient conduct of the affairs of the¹ Trust.

30 (3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and there- upon such regulation shall cease to have effect.

3a of 1947.

31. (1) The Coal Mines Labour Welfare Fund Act, 1947 is hereby repealed.

Repwls

and

iwvintff.

35

32 of 1947.

(2) All moneys and other property and all rights and interests, of whatever kind, owned by, vested in, used, enjoyed or possessed by, or held in trust by or for the Coal Mines Labour Housing and General Welfare Fund constituted under the Coal Mines Labour Welfare Fund Act, 1947 and the Housing Board constituted under the said Act ap well as all liabilities legally subsisting against the Fund or the said

40

Housing Board shall pass to the Trust with effect from the date referred to in sub-section (1) of section 3 (hereinafter referred to a" the said date¹!.

(3) Any proceedings taken by the Central Government or the Housing Board under the Coal Mines Labour Welfare Fund Act, 1947, before the said date may be continued by the Trust after the said date.

10

(4) Until action in that behalf is otherwise taken under the corresponding provisions of this Act or the rules and regulations made thereunder, all action taken or anything done under the provisions of the Coal Mines Labour Welfare Fund Act, 1947, shall, unless inconsistent with the provisions of this Act, be deemed to have been taken or done under the corresponding provisions of this Act and the rules and regulations made thereunder.

15

(5) For the removal of doubts, it is hereby declared that the provisions contained in sub-sections (2) to (4) inclusive shall be without prejudice to the general application of section 6 of the General Clauses Act, 1897.

20

(6) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may by order make such provision or give such direction not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the purpose of removing the difficulty.

STATEMENT OF OBJECTS AND REASONS

The Coal Mines Labour Welfare Fund Act, 1947, was enacted with a view to making better provision for financing measures for promot- ing the welfare of labour employed in the coal-mining industry. The Act provides for the levy of a duty of excise on all coal and coke des- patched from collieries at such rate not exceeding eight annas per ton as may from time to time be iixed by the Central Government. The proceeds of the duty are credited to a Fund called the Coal Mines Labour Housing and General Welfare Fund and apportioned under two separate accounts called the General Welfare Account and the Housing Account. While the General Welfare Account is operated directly by the Central Government, the Housing Account is operated by a body corporate called the Coal Mines Labour Housing Board con- stituted under section 6 of the Act.

2. The working oli the Act has shown that there are obvious advan- tages in making the Coal Mines Labour Welfare Fund Organisation as a whole, a body corporate undor the statute. The Organisation has now an annual income of about Rs. 4 crores. It is accordingly pro- posed to establish a corporation known as tne Coal Mines Labour Wel- fare Fund Trust which will be responsible, under the general direc- tion and control of the Central Government, for promotion ox the welfare of labour employed in the coal-mining industry. This Cor- poration will function through a Board of Trustees consisting of twenty-two members representing the Government, the employers and the labour employed in the coal-mining industry.

3. For giving effect to the above object, it is proposed to replace the Act by a new legislation. Provision has also been made in the legislation for payment of enhanced grants-in-aid to colliery owners who maintain dispensary services of a standard higher than the pres- cribed minimum, and also for the transfer of existing employees to the Corporation.

4. The Bill exempts income, profits or gains of the Trust from tho liability to income-tax.

5. Subject to tho modifications mentioned above, the provisions of the Bill ore broadly on tho lines of the provisions of the existing Act, Including tho imposition of, duty of excise on coal and coke despatched from collieries.

t>. SANJIVAYYA.

HEW DELHI;

the 2Ut September, 1063.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. 1/1/64-MII, dated the 22nd September, 1965 from Shri D. Sanjivayya, Minister of Labour and Employment to the Secretary, Lok Sabha.]

The President, having been informed of the subject matter of the proposed Bill to amend and consolidate the law relating to the financing of measures for promoting the welfare of labour employed in the coal mining industry has, in pursuance of clause (1) of article 117, read with sub-clause (a) of clause 1 of article 110, clause (3) of article 117 and clause (1) of article 274 of the Constitution of India, recommended to Lok Sabha the introduction and consideration of the Bill.

FINANCIAL MEMORANDUM

Clause 15 of the Bill provides for the levy of a duty of excise on all coal and coke despatched from collieries at such rate not less than 25 paise and not more than 50 paise per tonne as may be notified by the Central Government. The duty levied at the rate of 50 paise per tonne, will yield about rupees four crores per annum. Under clause 16, the proceeds of the duty shall first be credited to the Consolidated Fund of India; the Central Government, if Parliament by appropria- tion made by law in this behalf so provides, will pay to the Coal Mines Labour Welfare Fund Trust such proceeds after deducting the expen- ses of collection. According to sub-clause (4) of clause 17, the Central Government may also pay to the Trust, any grants, after due appro- priation made by Parliament by law in this behalf. The funds thus obtained are to be utilised by the Trust for meeting the expenses on allowances of the*members of the Board of Trustees and of the Stand- ing Committee [sub-clause (2) of clause 5], the cost of administering the Fund [sub-clause (1) of clause 18], payment of grants-in-aid to colliery owners who maintain dispensary services of the prescribed or higher standard [sub-clause (2) of clause 18], and expenditure in connection with measures for promotion of the welfare of labour em- ployed in the coal-mining industry [sub-clauses (3) to (5) of clause 18]. There will be no additional expenditure on account of the pro- posed enactment than was envisaged under the Coal Mines Labour Welfare Fund Act, 1947 which the present Bill seeks to replace. In any case, all such expenditure in favour of the Trust under this Bill will be only after due appropriation made by Parliament by law in this behalf.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 29 of the Bill empowers the Central Government to make rules for carrying into effect the purposes of the Act. Matters in respect of which such rules may be made are specified in that clause. They t7iter alia relate to the collection of the duty and the determi- nation of the cost of such collection, the terms and conditions of appointment or nomination of the Trustees, maintenance of annual statement of accounts, the standard of dispensary services to be pro- vided by the owners of collieries, the payment of grants-in-aid from the Fund, and the manner in which dispensary services may be pro- vided by the Trust. The scope of clause 29 is thus limited to matters of procedure or detail. Moreover, the rules shall be subject to the scrutiny of Parliament.

2. Clause 30 of the Bill empowers the Trust to make regulations not inconsistent with the Act and the rules made thereunder for the purpose of giving effect to the provisions of the Act. The matters which may be provided "for by regulations relate to procedural or administrative details.

3. The delegation of legislative power is thus of a normal character.

S. L. SHAKDHER,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER GOVERNMENT OF INDIA PRESS MINTQ ROAD, NEW DifLHJ AND PUBLISHED BV THE MANAGER OF PUBLICATIONS*

pEptl, 1965.

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