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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDlNARY

PART II—Section 1

PUBLISHED BY AUTHORITY

N6. 73] NEW DELHI, SATURDAY, DECEMBER 2, 1972/AGRAHAYANA 11, 1894

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

as a separate compilation.

MINISTRY OF LAW AINU JUSTICE (Legislative Department) New Delhi, the 2nd December, 1972/Agrahayana 11, 1894 (Saka)

The following Act of Parliament receive the assent of the President on the 2nd December, 1972, and is hereby published for general informa- tion:—

THE LIMESTONE AND DOLOMITE MINES LABOUR WELFARE FUND ACT, 1972 No. 62 OF 1972

[2nd December, 1972]

An Act to provide for the levy and collection of a cess on limestone and dolomite for the financing of activities to promote the welfare of persons employed in the limestone and dolomite mines.

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

1. (1) This Act may be called the limestone and Dolomite Mines Labour Welfare Fund Act, 1972.

(2) It extends to the whole of India.

Short title, extent and com- mence- ment.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States,

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

Defini- tions.

(a) "agent" and "owner" have the meanings respectively assign-

39 of 1962.

ed to them in clauses (c) and (I) of sub-section (1) of section 2 of the Mines Act, 1952;

(fa) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) of section 2 of the Factories Act, 1948;

08 of 1948.

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(c) "manager" means the manager referred to in section 17 of

the Mines Act, 1952;

3R of 1952.

(d) a person is said to be employed in a limestone or dolomite

mine,—

(2) if he is employed within the premises or In the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in any one or more of the following, namely: —

(i) any limestone or dolomite, mining operation;

(ii) the operation, servicing, maintenance or repair of any machinery or any part thereof used in or about "uch mine;

(Hi) the loading, unloading or despatch of limestone or dolomite or any other material connected with the mining of limestone or dolomite;

(iv) any work in any office, canteen or creche situate

within the precincts of such mine;

(v) any welfare, health, sanitary or conservancy ser- vices or any watch and ward duties at any place situate within such premises or vicinity/, not being a place occupied by any residential building; or

(2) if, in any such area as may be notified by the Central Government in the Official Gazette in this behalf, he is employed by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in the loading, unloading or despatch of limestone or dolomite or any other material con- nected with the mining of limestone or dolomite;

(e) "prescribed'' means prescribed by rules made under this Act.

|3. With effect from such date as the Central Government may, by- notification in the Official Gazette, appoint, there shall be levied and collected as a. cess for the purposes of this Act on so much of limestone and dolomite produced in any mine—

Levy and collection of cesg on limestone and dolo- mite.

(i) as is sold or otherwise disposed of to, the occupier of any

factory; or,

(ii) as is used by the owner of such mine for any purpose in

connection with the manufacture of cement, iron of steel,

a duty of excise, at such rate not exceeding one rupee per metric tonne of limestone or dolomite, as the case may be, as the Central Government may, from time to time, fix by notification in the Official Gazette.

Explanation.—Where the owner of any limestone or dolomite mina is also the occupier of any factory, then, for the purposes of clause (ii), all limestone or dolomite, as the case may be, produced in the mine and not sold OT otherwise disposed of to the occupier of any other factory shall be deemed, unless the contrary is proved, to have been used by such owner for any purpose in connection with the manufacture of cement, iron or steel.

4. (1) Every duty of excise leviable under this Act on limestone or Paymem dolomite shall be payable—

r J

°* dut.y of excise, (a) to the occupier oJ! the factory, by the person by whom such limestone or dolomite is sold or otherwise disposed of to such occu- pier;

(fa) to the Central Government, by the owner of the limestone or dolomite mine where the limestone or dolomite is used by such owner for any purpose in connection with the manufacture of cement, iron or steel,

within such period as may be prescribed.

(2) All amounts referred to in clause (a) of sub-section (1) shall be collected by the occupier of the factory in such manner, and paid by him to the Central Government within such period, as may be prescribed.

5. (1) An amount equivalent to the proceeds o.C the duty of excise Applica- levied under this Act, reduced by the cost of collection as determined by tion of the Central Government, together with any income from investment of Proceed9 the said amount and any other moneys received by the Central Govern- ol duty. ment for the purposes of this Act, Khali, after due appropriation made by °f eXC¹³e" Parliament by law, be paid to the credit of a fund to be called the Lime- stone and Dolomite Labour Welfare Fund (hereinafter referred to as the Fund).

(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with measures which, in the opinion of that Government, are necessary or expedient to promote the welfare of persons employed in the limestone or dolomite mines; and in particular—

(a) to defray the cost of measures for the benefit of persons employed in the limestone or dolomite mines directed towards—

(i) the improvement of public health and sanitation, the prevention of disease and the provision and improvement of medical facilities;

(ii) the provision and improvement of water supplies and facilities for washing;

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

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

(fa) to grant loan or subsidy to a State Government, a local authority or the owner of a limestone or dolomite mine, in aid of any scheme approved by the Central Government for any purpose connected with the welfare of persons employed in limestone or dolo- mite mines;

(c) to pay annually grants-in-aid to such of the owners 01 lime- stone or dolomite mines who provide to the salialaotion of the Cen- tral Government welfare facilities of the prescribed standard for the

benefit of person employed in their mines, so, however, that the amount payable as grants-in-aid to any such owner shall not ex- ceed—

(i) the amount spent by him in the provision of welfare facilities as determined by the Central Government or any person specified by it in this behalf, or

(ii) such amount as may be prescribed,

Whichever is less:

Provided that no grant-in-aid shall be payable in respect of any welfare facilities provided by the owner of a limestone or dolomite mine where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;

(d) to meet the allowances, if any, of the members of the Advi- sory Committees and the Central Advisory Committee constituted under sections 6" and 7 respectively and the salaries and allowances, if any, of persons appointed under section 8;

(e) any other expenditure which the Central Government may

direct to be defrayed from the Fund.

Advisory 6. (1) The Central Government may constitute as many Advisory Commit- Committees as it thinks fit, but not exceeding one for each of the principal tees, limestone or dolomite producing States, to advise the Central Govern- ment on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.

(2) Each Advisory Committee shall consist of such number of persona as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed:

Provided that each Advisory Committee shall include an equal num- ber of members representing the Government, the owners of limestone and dolomite mines and the persons employed in the limestone and dolo- mite mines and that at least one member of each such Committee shall be a woman.

(3) The Chairman of each Advisory Committee shall be appointed by

the Central Government.

(4) The Central Government shall publish in the Official Gazette tha

names of all members of every Advisory Committee.

Central 7. (1) The Central Government may constitute a Central Advisory Advisory Committee to co-ordinate the work of the Advisory Committees constl- Commit- tuted under section 6 and to advise the Central Government on any tee" matter arising out of the administration of this Act.

(2) The Central Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed:

Provided that the Central Advisory Committee shall include an equal number of members representing the Government, the owners of lime- stone and dolomite mines and the persons employed in the Limestone and dolomite mines.

(3) The Chairman of the Central Advisory Committee shall be appointed by the Central Government.

(4) The Central Government shall publish in the Official Gazette the names of all members of the Central Advisory Committee.

8. (1) The Central Government may appoint as many Inspectors, Appoint- Welfare Administrators and such other officers and staff as it thinks m e nt of necessary for the purposes of this Act

t^3 e"tc

(2) Every person so appointed shall be deemed to be a public servant a nd

l h e ir 45 of i860, within the meaning or section 21 of the Indian Penal Code.

powers.

(3) Any Inspector or Welfare Administrator may,—

(a) with such assistance, if any, as he may think fit, enter at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act;

(b) do within such place anything necessary for the proper dis- charge of his duties; and

(c) exercise such other powers as may be prescribed.

9. Notwithstanding anything contained in this Act, if the Central Gov- Power

Central ernment is satisfied that there is in force in any State or part thereof a o£ law making adequate provision for the financing of activities to promote G the welfare of persons employed in the limestone or dolomite mines, it m c nt to may, by notification in the Official Gazette, direct that all or any of the exempt, provisions of this Act shall not apply or shall apply to such State or part thereof subject to such exceptions and modifications as may be specified in the notification.

10. The Central Government shall, as soon as may be, after the end Annual of each financial year cause to be published in the Official Gazette a r eP°rt report giving an account of its activities financed under this Act during a c ijv;l e9 the previous financial year, together with a statement of accounts. financed

under th" Act.

11. If any occupier of a factory or any owner of a limestone or interest dolomite mine fails to pay any amount payable by him to the Central payable Government under section 4 within the period prescribed therefor under b? that section, such occupier or owner, as the case may be, shall be liable °^cuPiers to pay simple interest at twelve per cent, per annum on the amount to factories be paid, from the date on which such payment is due till such amount and is actually paid.

owners of mines.

12. If any duty of excise payable by the occupier of the factory or the Penalty owner of the limestone or dolomite mine to the Central Government under f or section 4 is not paid to that Government within the period prescribed p a y m e n^ thereunder, it shall be deemed to be in arrears and the authority pres- of

preacrltod period.

Provided that before imposing any such penalty such occupier or such owner, as the case may be, shall be given a reasonable opportunity of being heard and, if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be Imposed under this section.

, J /

Recovery 13. Any amount due under this Act (including the interest or penalty, of if any, payable under section 11 or section 12, as the case may be) from amounts J r J due a ny occupier of a factory or any owner ol a limestone or dolomite, mane under niay be recovered by the Central Government in the same manner a" the Act. an arrear of land revenue.

Penalty 14. (2) Whoever wilfully or intentionally evades or attempts to evade *or the payment of dutv of excise payable by him to the Central Govern- . ment under this Act, shall, on conviction, be punishable with imprison- duty of ment which may extend to six months, or with fine which may extend excise. to one thousand rupees, or with both.

(2) No court shall take cognizance of an offence punishable under this section, save on a complaint made by or under the authority of the Central Government.

Offences 15. (1) Where an offence undor this Act has been committed by a by company, every person who at the lime the offence was committed was com- in charge of. and was responsible to, the company for the conduct of the panles. business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secre- tary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means any body corporate and includes a firm

or other association of individuals; and

(b) "director", in relation to a rum, means a partner in the firm.

Power 16- (^) The Central Government may, by notification in the Official to Gazette and subject to the condition of previous publication, make rules make for carrying out the purposes of this Act. rules.

(2) In particular and without prejudice to the generality of the fore-

going power, such rules may provide for—

(a) the assessment and collection of the duty of excise levied

under this Act;

(b) the period within which the person selling or otherwise dis- posing of the limestone or dolomite to the occupier of the factory shall pay the duty <">[ excise to such occupier;

(c) the period within which the owner of the limestone or dolomite mine shall pay the duty of excise to the Central Govern- ment;

(d) the manner in which the occupier of the factory shall collect the duty of excise;

(e) the period within which the occupier of the factory shall pay to the Central Government the duty of excise collected by him;

(f) the determination of the cost of collection of the duty of excise levied under this Act;

(g) the manner in which the Fund may be applied for the measures specified in section 5;

(h) the conditions governing the grant of loan or subsidy under clause (b) of sub-section (2) of section 5;

(i) the standard of welfare facilities to be provided by owners of limestone or dolomite mines for the purposes of clause (c) of sub- section (2) of section 5;

(j) the determination of the amounts referred to in 3ub-clau3" (ii) of clause (c) of sub-section (2) of section 5 and in the proviso to that clause;

(k) the composition of the Advisory Committees and the Central Advisory Committee constituted under sections 6 and 7 respectively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances," if any, payable to them, and the manner in which the said Advisory Committees and th" Central Advisory Committee shall conduct their business;

(V) the recruitment, conditions of service and the duties of all persons appointed under section 8;

(m) the powers that may be exercised by an Inspector or a Wel- fare Administrator under section 8;

(n) the furnishing to the Central Government by the occupier of factories and the owners, agents or managers of limestone or dolomite mines, of such statistical and other information as may be required to be furnished from time to time by that Government;

(0) the authority which may impose any penalty under section 12.

(3) In making any rule under clause (fa) or clause (n) of sub-section (2), the Central Government may direct that a breach thereof shall bo punishable with fine which may extend to five hundred rupees.

(4) Every rule made 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said, 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.

K. K. SUNDARAM,

Secy, to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MrNTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAQER OF PUBLICATIONS, DELHI, 1 9 72

REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 74] NEW DELHI, MONDAY, DECEMBER 4, 1972/AGRAHAYANA 13,1894

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

as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 4th December, 1972/Agrahayana 13, 1894 (Saka)

The following Acts of Parliament received the assent of the President on the 3rd December, 1972 and are hereby published for general informa- tion:—

THE APPROPRIATION (RAILWAYS) No. 4 ACT, 1972 No. 63 OF 1972

[3rd December, 1972]

An Act to authorise payment and appropriation of certain further sum from and out of the Consolidated Fund of India for the services of the financial year 1972-73 for the purposes of Railways.

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

1. This Act may be called the Appropriation (Railways) No. 4 Act, Short title.

1972.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of fifteen crores and sixteen lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1972-73, in respect of the services relating to Railways specified in column 2 of the Sche- dule.

Issue of

Rs. 15,16,

00,000

out Of

the Con-

solidated

Fund

of India

for the

financial

year

1972-73.

Appro-

priation.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

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