Section 25B in The Coal Mines Provident Fund Scheme
25B. Allowance for leave etc.
(1)For the purpose of paragraph 25A, any kind of leave, other than maternity leave, granted by the employer to an aggregate of 21 days in a calendar year or, where an employee has availed himself of earned leave (including accumulations), the actual number of days of such leave plus five days, days of layoff as defined in clause (kkk) of Section 2 of the Industrial Disputes Act, 1947, days of idleness caused by any lock out which is illegal under Section 24 of the Industrial Disputes Act, 1947 and days of absence from work on account of compulsory attendance in a court of law shall count as days of attendance. (For J&K see paragraph 3 of Appendix-IV).(2)If on any working day in any qualifying period of six months an employee is on maternity leave or is unable to attend work owing to temporary disablement, the number of days for which such employee must put in attendance to qualify far the membership of the Fund under paragraph 25A shall be reduced by seventy percent of such working days if such employee is an underground employee and by eighty five percent of such working days if such employee is a surface employee.Explanation. - In calculating the said percentage of such working days a fraction less than half shall be disregarded and not less than half shall be counted as one.(3)[ If in any qualifying period of six months, any day, other than the weekly holiday is observed as a paid holiday in any coal mine, the number of days for which the employees must put in attendance in such period to qualify for the membership of the Fund under paragraph 25A shall be reduced by the number of such paid holidays falling in such period. In the event of a dispute as to whether a day is a paid holiday or not, the decision of the Chief Inspector of Mines shall be final.] [sub-paragraph (3) of para 25B substituted by G.S.R. 45 dated 28.12.62.](4)If any question arises whether an employee is required to become or continue as a member of the Fund or as regards the date from which he is required to be come a member, the decision thereon of the Coal Mines Provident Fund Commissioner shall be final.
