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REGISTERED No. 1). 221

<£he (Baxctte of

EXTRAORDINARY

2

PART II—Section 2

PUBLISHED BY AUTHORITY

*t° 22 ] T$^, HtWTC, *T$ 11, 19 70/twW 21, 1892

No. iz ] NEW DELHI, MONDAY, MAY n, 1970/VAISHAKHA 21, 1892

Separate paging is given t" this Part in order that it may be filed

as a separate, compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha on the 11th May, 1970: —

BILL NO. 52 OF 1970

A Bill further to amend the Coal Mines {Conservo~tion and Safety) Act,

1952.

BE it enacted by Parliament in the Twenty-first Year of the Republic o£ India as iollows: —

1. This Act may be called the Coal Mines (Conservation and Safety) short title.

Amendment Act, 1970.

12 of 1952. 5 2. In the Coal Mines (Conservation and Safety) Act, 1952 (herein- Amend- after referred to as the principal Act), in the long title, for the words m e nt of "safety in", the words "safety in, and development of," shall be substi- long title. tuted.

3. In section 1 of the principal Act, in sub-section (1), for the brackets Amend- I0 and words " (Conservation and Safety)", the brackets and words " (Con- m e nt ot servation, Safety and Development)" shall be substituted. section 1.

4. In section 2 of the principal Act, for the words "regulation of". Amend- the words "regulation and development of" shall be substituted. ment of

section 2 5. In section 3 of the principal Act,—

^ *

Amend- , (i) for clause (f), the following clause shall be substituted, ment of ⁵ n a m e l y :-

. sections.

'(f) "Development Fund" means the Coal Development Fund constituted under section 12:';

439

(ii) after clause (hh), the following clause shall be inserted,

namely: —

'Qiha) "Safety Fund" means the Coal Mines Safety and

Conservation Fund constituted under section 12;'.

". In section 5 of the principal Act,—

(i) in sub-section (2), after the words "safety in coal mines",

Amend- ment of section 5.

the words "or for development of coal mines" shall be inserted;

lo (ii) in sub-section (2), for the words "safety in coal mines", the words "safety in, or development of, coal mines" shall be subs- tituted.

7. In section 7 of the principal Act,—

(i) in sub-section (1), after the words "safety in coal mines",

Amend- ment of section 1.

the words "or for development of coal mines" shall be inserted;

(ii) in sub-section (2), after the words "safety in coal mines",

the words "or for development of coal mines" shall be inserted.

". For section 11 of the principal Act, the following section shall be,

and shall be deemed always to have been, substituted, namely:—

ment of tion of new section for section 11.

20' Payment to the Coal Board.

"11. The Central Government may, in each financial year, pay to the Board a sum not exceeding the aggregate of the net proceeds (determined in such manner as may he prescribed) of the duties of excise collected, under section 8, during the period commencing on the date of commencement of this Act and ending on the last day of the preceding financial year, less the aggregate of the amounts al- 25 ready paid to the Board, under this section, during that period,".

0. In section 12 of the principal Act,—

Amend- ment of section 12.

(i) for sub-section (1), the following sub-sections shall be subs-

tituted, namely: —

" (1) The sum referred to in section 11 and any other money

received by the Board shall be credited to,—

(a) where it relates to safety in coal mines or conser- vation of coal, a Fund to be called the Coal Mines Safety and Conservation Fund,

(b) where it relates to the developing of coking coal mines, a Fund to be called the Coal Development Fund- 35

(1A) The Safety Fund shall be applied by the Board, in such manner and subject to such conditions as may be pres- cribed, to—

(a) meeting the expenses in connection with the admi- lustration of the Board and the furtherance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(b) the grant of stowing materials and other assistance for stowing operations to the owners, agents or managers of coal minea;

(c) the execution of stowing and other operations in fur- therance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(d) the prosecution of research work connected with ^ safety in coal mines or conservation and utilisation of coal;

(e) meeting the cost of administering the Safety Fund and the expenses in connection with Advisory Committees;

(f) the grant to State Governments, research organi- sations, local authorities and owners, agents or managers of ¹ ^ coal mines of money in aid of any scheme approved by the Central Government in furtherance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(g) any other expenditure which the Central Govern- 1 ; ment directs to be defrayed out of the Safety Fund.

(IB) The Development Fund shall be applied by the Board, in such manner and subject to such conditions as may be pres- cribed, to—

(a) development of coal mines in a scientific manner,

2 (b) meeting the cost of the administration of any scheme for the development of coal mines.";

{ii) in sub-section (2), for the words "accounts of the Fund", the words "separate accounts in relation to the Development Fund and the Safety Fund" shall be substituted.

25 10. In section 17 of the principal Act, in sub-section (2),— Amend- rriGnx 01

(i) after clause (a), the following clause shall be inserted, namely:—

" (aa) the measures to be taken for the development of cual mines;";

30 (ii) in clause (/), for the words "Coal Mines Safety and Con- servation Fund", the words "Development Fund or the Safety Fund, as the case may be," shall be substituted;

(iii) in clause (g), for the word "Fund", the words "Develop- ment Fund or the Safety Fund" shall be substituted.

STATEMENT OF OBJECTS AND REASONS

Under the existing Coal Mines (Conservation and Safety) Act, 1952, the Coal Board can exercise two functions, viz. "Conservation" and "Safety". The development of Coal Mines, especially those producing coking coal, has assumed importance in view of the scarce resources on the one hand and growing needs of the metallurgical industry on the other. The Coal Board, with its knowledge of coal industry, is best suited to discharge this function. The Bill seeks to amend the Coal Mines (Conservation and Safety) Act, 1952, to include "development of Coal Mines" also, as an additional function of the Coal Board.

NEW DELHI;

JAGANATH RAO

The 9th April, 1970.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 11? OF THE CONSTITUTION OF INDIA

[Copy of letter No. CVIIMO(1)|69-C1, dated the 28th April, 1970 from Shri Jaganath Rao, Minister of State in the Ministry of Petroleum and Chemicals, and Mines and Metals to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Bill further to amend the Coal Mines (Conservation and Safety) Act, 1952, recommends introduction of the Bill in the Lok Sabha under clause (1) of article 117 and its consideration under clause (3) of article 117 of the Constitution-

FINANCIAL MEMORANDUM

Excise duty @ Rs- 2 44 per tonne of coking coal and Rs. I¹68 per tonne of non-coking coal raised and despatched from collieries in the country is levied at present under section 8 of the Coal Mines (Con- servation and Safety) Act, 1952. The collections are credited in the first instance to the Consolidated Fund of India. An additional excise duty of 75 paise per tonne is being levied on coking coal with effect from the 14th October, 1968. Its proceeds are to be utilised for deve- lopment of coal mines. Payments are being made to the Coal Mines Conservation and Safety Fund of the Coal Board each year from the Consolidated Fund of India by Parliamentary Appropriation, which the Board utilises for "conservation" and "safety" purposes. When the Bill becomes an Act, payments will also be made to the Coal Development Fund which the Coal Board will utilise for the purpose of development of Coal Mines including the cost of administration of the scheme. Total payments to the two Funds in each financial year will, however, not exceed the aggregate of the net proceeds of the duties of excise collected up to the end of the preceding financial year less the aggregate of the amounts already paid to the Coal Board till the end of that financial year vide clause 8 of the Bill.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill, which seeks to substitute a new section for sec- ticn 11 of the principal Act, empowers the Central Government to frame rules with regard to the manner in which the net proceeds of the duties of excise collected under section 8 shall be determined. /

Clause 9 of the Bill seeks to insert new sub-sections (1A) and (IB) in section 12 of the principal Act. The said sub-sections seek to em- power the Central Government to specify by rules the conditions sub- ject to which the Safety Fund and the Development Fund shall be app- lied by the Board.

The matters with respect to which such rules may be made are mat- ters of detail within the scope of the general provisions of the Act and it is not possible to provide for them in the Act. The delegation of the legislative power is, therefore, of a normal character.

S. L. SHAKDHER,

Secretary.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DBXHI AND PUBLISHED BY THE MANAGER OV PUBLICATIONS, DELHI. 1970