Union of India - Act
The Iron Ore Mines Labour Welfare Cess Rules, 1963
UNION OF INDIA
India
India
The Iron Ore Mines Labour Welfare Cess Rules, 1963
Rule THE-IRON-ORE-MINES-LABOUR-WELFARE-CESS-RULES-1963 of 1963
- Published on 20 September 1963
- Commenced on 20 September 1963
- [This is the version of this document from 20 September 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter 1
General
1. Short title and commencement.
Chapter II
Advisory Committees and Sub-Committees
3. [ Composition.- [Substituted by G.S.R. 1251, Dated 27th June, 1968.]
4. Term of office.
- [(1) A member shall, unless he resigns his office or dies at an earlier date, hold office for a period not exceeding three years, as may be determined by the Central Government in each case, from the date of publication of the notification appointing him a member of the Advisory Committee and shall be eligible for reappointment :Provided that an outgoing member may continue in office until the appointment of his successor is notified in the Gazette of India.] [Substituted, by G.S.R. 1251, dated 27th June, 1968.]5. Resignation.
- A non-official member may resign his office by letter addressed to the Chairman and the resignation shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt by the Chairman, whichever is earlier.6. Absence from India.
7. Vacation of office.
- A non-official member shall be deemed to have vacated his office-8. Power to co-opt.
9. Power to invite persons to attend meetings.
- An Advisory Committee or its Chairman may at any time and for such meeting or meetings as it considered necessary invite any persons to attend the meeting of the Committee. A person so invited shall exercise all the powers of a member under these rules, except that he shall not be entitled to vote on any question coming before the Committee.10. Remuneration to members.
| (a) | In respect to journey by air. | Actual fares paid subject to the approval of the Government. |
| (b) | In respect of journey by rail. | Single first class fare plus an allowance forincidental expenses at such rates as may be fixed by the CentralGovernment for its officers of the first grade from time to time,where first class accommodation is available. Where first classaccommodation is not available on the particular train or railwayline by which he travels, the member will have the option totravel in air-conditioned accommodation, by paying from his ownpocket, the difference between the fares for the air-conditionedand the first class accommodation and where he does not exercisethis option, he will be entitled to single fare for the highestclass of accommodation excluding air-conditioned accommodation,actually provided on the particular train or the railway lineplus an allowance for incidental expenses at such rates as may befixed by the Central Government for its officers of the firstgrade from time to time. |
| (c) | In respect of journey by road. | Where the journey is performed en the ly byroad, road allowance at the rates admissible to the CentralGovernment officers of the first grade, subject to the conditionthat the member concerned furnishes a certificate to the effectthat journey was undertaken by road to avoid loss of time whichjourney by rail would have entailed by road exceeds 120kilometres in a single journey, road allowance will be payableonly for the first 120 kilometres for each journey. |
11. Disposal of business.
12. Time and place of meetings.
- An advisory Committee shall meet at such places and times as may be appointed by the Chairman.13. Notice of meetings and list of business.
14. Presiding at meetings.
- The Chairman shall preside at every meeting at which he is present and in his absence, the Vice-Chairman shall preside.15. Quorum.
- No business shall be transacted at a meeting of an Advisory Committee, whether an ordinary or emergency meeting, unless at least three members having the right to vote are present, of whom the Chairman or Vice-Chairman shall be one:Provided that if at any meeting, less than three such members attend, the Chairman may adjourn the meeting to a date not less than seven days later, informing the members present and sending notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is a quorum or not and it shall thereupon be lawful to dispose of the business at the adjourned meeting irrespective of the number of members attending it.16. Recommendation by majority.
17. Minutes of meetings.
18. Headquarters of an advisory committee.
- The headquarters of an Advisory Committee shall be at such place or places as may be fixed by the Central Government.19. Finance sub-committee.
20. Duties of the finance sub-committee.
- The duties of the finance subcommittee shall be to frame schemes of expenditure, to advise on the budget drawn up by the executive of the advisory committee and on the accounts of the Advisory Committee and also in regard to all expenditure and to consider all schemes referred to in proviso (ii) to rule 25.21. Other sub-committees.
- An Advisory Committee may, as and when considered necessary, constitute from among its members a sub-committee for considering and reporting no such matters as may be specifically assigned to it.22. Meetings of sub-committees.
- The meetings and proceedings of the finance sub-committee and any other sub-committee which may be constituted under rule 21 shall be governed by the provisions herein contained for regulating the meetings and proceedings of any advisory committee in so far as the same are applicable.Powers of Advisory Committees23. Executive.
24. Staff.
25. Schemes of expenditure.
26. Contingent expenditure.
- The [Vice-Chairman] [Substituted, by G.S.R. 1251, dated 27th June, 1968.] may sanction, without reference to the Advisory Committee, expenditure on contingencies, supplies and services and purchases of articles required for the running of the organization under him subject to financial provision in the sanctioned budget and to the condition that the expenditure on any single object shall not exceed Rs. 2,000 non-recurring and Rs. 400 recurring.27.
Budget.28. Other matters to be considered by Advisory Committee.
29. Committee to be informed of expenditure.
- A memorandum setting forth any grant made or expenditure incurred since the last meeting shall be laid at each meeting of an Advisory Committee.Chapter III
Grants and Welfare Standards
30. Grants.
30A. [ Standard of dispensary services. - (1) The standard of dispensary services to be provided by owners of iron ore mines for the purpose of getting the grants-in-aid envisaged in Clause (c) of Section 3 of the Act, shall be as specified in Schedule I, hereinafter in this rule and in rules 30 B, 30C and 30D referred to as the prescribed standard.
30B. Inspection.
- The dispensary services, maintained by owners of iron ore mines shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorized by the Chairman for the purpose or by the Chairman himself whenever he considers it necessary. The Inspecting Officer or Chairman, as the case may be, shall, if the dispensary conforms to the prescribed standard, issue a certificate in Form "H" which shall be valid for a period of one year from the date of issue.30C. Submission of periodic returns.
- Every owner of an iron ore mine who maintains a dispensary service according to the prescribed standard shall submit to the Chairman-30D. Extent of grant-in-aid.
- Every owner of an iron ore mine who maintains a dispensary for the benefit of the labour employed in his mines shall, if the Chairman is of opinion that the dispensary conforms to the prescribed standard, be eligible to a grant-in-aid which shall not exceed.-30E. Standard of maternity centre.
30F. Inspection.
- The maternity centres maintained by owners of iron ore mine shall be inspected by the Chairman himself whenever he considers it necessary. The Inspecting Officer or other officer as may be authorised by the Chairman for the purpose or by the Chairman himself whenever he considers it necessary (sic). The Inspecting Officer or the Chairman, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form "I" which shall be valid for a period of one year from the date of issue.30G. Submission of periodic returns.
- Every owner of an iron ore mine who maintains a maternity centre according to the prescribed standard shall submit to the Chairman in January of each year a certified statement of the expenditure incurred on the maternity centre during the preceding twelve months.30H. Extent of grant-in-aid.
- Every owner of an iron ore mine who maintains a maternity centre for the benefit of the labour employed in his mine shall, if the Chairman is of opinion that the maternity centre conforms to the prescribed standard, be eligible to a grant-in-aid which shall not exceed 50 percent of the amount determined by the Chairman as the amount spent by the owner in the maintenance of the maternity centre:Provided that in the case of a maternity centre which serves other workers and members of the public, the a mount spent by the owner in the maintenance of the maternity centre for the purpose of this clause may, if separate expenditure figures are not available, be determined by the Chairman on proportionate basis.30I. Standard of facilities for education and recreation.
30J. Inspection.
- The welfare centres maintained by owners of iron ore mines shall be inspected at intervals not exceeding one year by such officer as may be authorized by the Chairman for the purpose or by the Chairman himself whenever he considers it necessary. The Inspecting Officer or the Chairman, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form "J" which shall be valid for a period of one year from the date of issue.30K. Submission of periodic returns.
- Every owner of an iron ore mine who maintains a welfare centre according to the prescribed standard shall submit to the Chairman-30L. Extent of grant-in-aid.
- Every owner who maintains a welfare centre for the benefit of the labour employed in his mine shall, if the Chairman is of opinion that the welfare centre conforms to the prescribed standard, be eligible to a grant-in-aid which shall not exceed.-30M. Commissioner to exercise functions of Chairman in certain cases.
- For areas where no Advisory Committee has been set up, the Iron Ore Mines Cess Commissioner shall exercise, the powers and discharge the functions of the Chairman under the provisions of these rules.] [Substituted, by G.S.R. 907, dated 31st May, 1967.]Chapter IV
Assessment and Recovery
31. Assessing and collecting authority.
- Any officer (including the [Vice-Chairman] [Substituted by G.S.R. 1251, dated 27th June, 1968.] of an Advisory Committee) may be specified by the Central Government, by notification in the Official Gazette, to be an Iron Ore Mines Cess Commissioner who shall be responsible for the assessment and collection of the cess levied under the Act in such areas as may be specified in that notification.32. Liability for payment of duty of excise.
- The duty of excise as fixed, under Section 2 of the Act on iron ore produced shall be recovered from the owner of the mine concerned and he shall be liable to make payment thereof in the manner prescribed in these rules.33. Maintenance of register of production and submission of returns.
34. Provisional assessment and payment of duty of excise.
- The amount of duty of excise payable for any month and recorded in the register maintained under rule 33 shall be deemed to be a provisional assessment of the duty and shall be subject to final assessment under rule 38.35. Manner of payment of duty.
36. Delay in submission of returns.
- If the return of any month does not reach the Commissioner within the time prescribed by rule 33 the owner of the iron ore mine shall be punishable with fine which may extend to Rs. 500.37. Late returns and revision of returns.
- If the owner of any mine has not furnished the return within the prescribed date or having furnished it, discovers any omission or wrong statement therein, he may furnish the return or revised return, as the case may be, at any time before the order of final assessment is passed.38. Final assessment of duty of excise.
39. Recovery of duty of excise on iron ore which has escaped assessment,
-If-40. Recovery of unpaid duty of excise and penalty.
41. Review.
42. Records of collection.
Chapter V
Miscellaneous
43. Maintenance of the accounts.
44. Allocation.
- The proceeds of the cess transferred to the Iron Ore Mines Labour Welfare Fund every year and such other moneys as may be received in the Fund, shall be distributed by the Central Government for expenditure in iron ore producing areas in proportion to their production or in such manner as may be decided in consultation with the Government of those areas.45. Statistics and other information.
46. Conditions of service of persons appointed under Section 5 of the Act.
- Until other provision is made in this behalf, persons appointed under Section 5 of the Act, shall be governed by such rules relating to the terms and conditions of service of Government servants generally, as may be made applicable with modifications, if any, to such persons by the Central Government.Form A[See Rule 33]Return of actual production of iron ore and duty assessed and paid on a provisional basisName of owner of mine................... Month of production.......year 19 Full Address................................| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| SI. No. | Opening stock on the 1st day of the month towhich the return pertains in (metric tonne) | Output of iron-ore during the month (in metrictonne) | Total (in met- rice tonne) | Details of despatches during the month (inmetric tonne) Export Internal consumption | Closing stock on the last day of the month (inmetric tonne) | Calculation of duty | Particulars of deposits into treasury | Iron Ore Mines Labour Welfare Cess on tonnes -at Re. | Paid into on...... (date with month any year) Aspare copy of treasury Challan No._____ enclosed herewith |