Subject NOT available

click here for IIIF manifest

REGISTERED No.D.221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 46] NEW DELHI, FRIDAY, SEPTEMBER 7, 1973/BHADRA 16, 1895

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

as a separate compilation.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 1th September, 1973/Bhadra 16, 1895 (Saka)

The following Act of Parliament received the as3ent of the President onthe 6th September, 1973, and is hereby published for general informa- tion:—

THE COKING AND NON-COKING COAL MINES (NATIONALISATION) AMENDMENT ACT, 1973

No. 41 OF 1973

[6th September, 1973]

An Act to amend the Coking Coal Mines (Nationalisation) Act, 1972 and the Coal Mines (Nationalisation) Act, 1973.

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

1. (1) This Act may be called the Coking and Non-Coking Coal Mines (Nationalisation) Amendment Act, 1973.

36 of 1972.

Short

title

and

com-

mence-

ment.

26 of 1973.

(2) The amendments to the Coking Coal Mines (Nationalisation) Act, 1972, shall be deemed to have come into force on the 1st day of May, 1972, and the amendments to the Coal Mines (Nationalisation.) Act, 1973, shall be deemed to have come into force on the 1st day of May, 1973.

Amend-

ment of

section 4

2. In section 4 of the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Coking Coal Act), after sub-section (2), the following sub-section shall be inserted, namely:—

of Act

38 of 1972.

"(3) If after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission of misdescription in relation

( 519 )

to the particulars of a coking coal mine included in the F im Schedule or the name and address of the owner of any such coking coal mine, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the relevant entries in the First Schedule shall be, and shall be deemed always to have been, corrected accordingly:

Provided that no such correction in relation to the ownership of a coking coal mine shall be made where such ownership is in dispute.".

3. Section 5 of > ie Coking Coal Act shall be re-numbered as sub- Amencl- ment ol section f

ection (1) thereo , and after sub-section (1) as so re-numbered, the ollowing sub-sect, n shall be inserted, namely: —

" (2) If after the appointed day, the Central Government is satis- tied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coke oven plant included in the Second Sche- dule or the name and address of the owner of any such coke oven plant, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the relevant entries in the Second Schedule shall be, and shall be deemed always to have been, corrected accordingly:

Provided that no such correction in relation to the ownership of a coke oven plant shall be made where such ownership is in dis- pute.".

4. Alter section 12 of the Coking Coal Act, the following section shall be inserted, namely: —

lnser- lion of :iew section 12A.

"12A. (1) Out of the amount payable—

(a) under section 10 and section 12 to the owner of every Workers' dues to be

coking coal mine or group of coking coal mines;

(b) under section 11 and section 12 to the owner of every coke oven plant,

paid out of the amount.

there shall be paid to every person employed by such owner, a sum equal to the amount of arrears due. on the appointed day, to such employee,—

(i) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of such em- ployee; and

(ii) as wages.

(2) Every employee to whom the whole or any part of the arrears referred to in sub-section (1) is due shall file the proof of his claim to the Commissioner within such time, after the com- mencement of the Coking and Non-Coking Coal Mines (Nationalisa- tion) Amendment Act, 1973, as the Commissioner may fix.

(3) The provisions of section 23 shall, as far as may be, apply to the filing, admission or rejection of the proofs referred to in sub- section (2).

(4) The Commissioner shall, after the admission or rejection of the claims made under sub-section (2), determine the total amount of the arrears referred to in sub-section (1), and shall, after such

determination, deduct, in the first instance, out of the amount paid to him under section 21, a sum equal to the total amount of such arrears.

(5) All sums deducted by the Commissioner under sub-section (4) shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or be paid to the persons to whom such sums are due, and on such credit or payment, the liability of the owner of the coking coal mine or group of coking coal mines or coke oven plant, as the case may be, in respect of the amounts of arrears due as aforesaid, shall stand discharged.

(6) The deductions made by the Commissioner under sub-sec- tion (4) shall have priority over all other debts, whether secured or unsecured.

(7) Save as oihurwise provided in the foregoing sub-sections, every secured debt due from the owner of a coking coal mine or group of coking coa] mines or coke oven plant, as the case may be, shall have priority over all other debts and shall be paid in ac- cordance with the rights and interests of the secured creditors.".

5. In section 23 of the Coking Coal Act —

(i) after sub-section ( i ), the following sub-section shall be

Amend- ment of section 23 inserted, namely: —

46 of 1948

"(JA) Without prejudice to the provisions of sub-section CO, claims in relation to a provident fund, pension fund, gra- tuity fund or any other fund established for the welfare of the persons employed by the owner of a coking coal mine or group of coking coal mines or a coke oven plant may be filed on behalf of the persons so employed by the Coal Mines Provi- dent Fund Commissioner .appointed by the Central Govern- ment under section 3C of the Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948; and the claims so made shall be deemed to have been made by the persons having a claim against the owner of a coking coal mine or group of coking coal mines or a coke oven plant, as the case may be:

Provided that no such claim shall be made by the Coal Mines Provident Fund Commissioner in relation to a person who has already made a claim under sub-section (I).";

(ii) in sub-section (2),—

(a) clause (b) shall be omitted;

(b) for clause (d), the following clause shall be substitu- ted, namely-;—

" (d) all sums deducted by the employer from the salary or wages of any workman or other employee of the coking coal mine or group of coking coal mines or coke oven plant, as the case may be, for credit to any provident fund, or any other fund established for the welfare of such workmen or other employees but not deposited to the credit of the said fund;";

(c) in clause (e), for the words "as royalty, rent or dead rent, as the case may be", the words "including royalty, rent and dead rent" shall be substituted;

(iii) to sub-section (10), the following proviso shall be added, namely: —

"Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State In which the coking coal mine or coke oven plant, as the case may be, is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court".

6. Section 20 of the Coal Mines (Nationalisation) Act, 1973, shall he re-numbered as sub-section (i) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely: -

Amend-

ment of

section

20 Off Act

26 of 1973.

W . 'i r .948.

"(2) Without prejudice to the provisions of sub-section (7), claims in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons em- ployed by the owner of a coal mine or group of coal mines may be filed on behalf of the persons so employed by the Coal Mines Provident Fund Commissioner appointed by the Central Government under section 3C of the Coal Mines Provident Fund, Family Pen- sion and Bonus Schemes Act, 1948; and the claims so made shall be deemed to have been made by the persons having a claim against the owner of a coal mine or group of coal mines:

Provided that no such claim shall be made by the Coal Mines Provident Fund Commissioner in relation to a person who has already made a claim under sub-section (1).".

K, K. SUNDARAlf,

Secy, to the Govt, of India.

tBINTED BY TH" MANAGXB, GOVERNMENT Of INDIA PRESS, MINTO ROAD, NEW

DELHI AND PUBLISHED BY THB CONTKOLUBl Or PUBLICATIONS, DELHI, 1 9 7*