Section 45 in The Coal Mines Provident Fund Scheme
45. Declaration Form - Procedure to be followed by the Employer.
- When a person presents himself for work at a coal mine, the employer shall ask him to state whether or not he is a member of the Fund and if he is, ask for his [ ] [The words 'Identity Card appearing in the original scheme were omitted vide omitted Government of India, Ministry of Labour Notification No. PF 2(16)52 dated 8th July 1952.] Account number and the name and the particulars of last employer and get his Cards from the Commissioner or from the last employer. When the new employer receives the Contribution cards, Emergency Cards, if any [ ] [The words 'and Identity Card, if any' appearing in the original scheme omitted vide Government of India, Ministry of Labour Notification No. PF 2(16)52 dated 8th July 1952] in respect of the members of the Fund who have joined him, from the last employer or the commissioner, he shall sign and return one copy of the statement in Form J or K annexed hereto in token of receipt to the last employer or the Commissioner, as the case may be.[Provided that in respect of any person who presents himself for work at a coal mine at any time during a period of currency commencing on or after the first of April, 1953, the employer shall require the person to furnish a written declaration in Form 'Q' annexed hereto or if the person is unable to read and write in English, the employer shall obtain the necessary information from the person and complete the Form and obtain thereon the person's signature or thumb impression. Such person on being so required to do shall complete the form or furnish the information as the case may be. The declaration in form 'Q' from any such person containing a negative statement shall be affixed to the declaration of such person in Form A and forwarded to the Commissioner alongwith returns in Form 'H' as and when such person qualifies for membership of the Fund. Where the declaration in Form 'Q' is affirmative, it shall be preserved by the employer until such time as the contents thereof are verified from the previous employer:Provided further that where any such person makes a declaration in Form 'Q' to the effect that he was a member of the Fund, the employer shall open for him a new contribution card in Form 'D' (Revised) or 'E' (Revised) [or 'T' or 'U'] [1st, 2nd and 3rd provisos to para 45 added vide S.R.O. 3306 dated 22.10.1964.] [or 'T' (Revised) or 'U' (Revised)] [Inserted vide G.S.R. 1203 dated 20.8.1964.] [or 'X' or 'Y'] [Inserted vide Notification No. 1101(1)/72 PF J(i) dated 8.8.72.] as the case may be, and [in the case of a member who declares in Form 'Q' that he was making voluntary contribution at the colliery where previously employed, under paragraph 27A] [Inserted vide G.S.R. 1063 dated 6.6.1963.], in Form 'D(V)' or 'E(V), as the case may be [for currency periods commencing before the 1st July, 1964] [Added vide G.S.R. 1063 dated 6.6.1963.] and [in form T or U, as the case may be, for currency periods commencing on or after the said date, but before the 31st March, 1968 and in Form 'T' (Revised) or in Form 'U' (Revised), as the case may be, for currency periods commencing on or after the 1st April, 1968] [Substituted vide G.S.R. 2491 dated 21.10.1969.] [and in Form 'X' or Form 'Y' as the case may be for currency period commencing on or after the 1st April, 1972 in the case of members who have joined the Pension Scheme.] [Inserted vide Notification No. 1101(1)/72 PF J(i) dated 8.8.72.] The employer shall then enter therein the basic wages [or] [Inserted vide S.R.O. 1472 dated 2.7.1955.] the total monthly basic wages, dearness allowance and the cash equivalent of concessional rations at the rate of fifteen rupees per month calculated according to sub-paragraph(4) of paragraph 27 [or total emoluments] [Inserted vide Notification No. PF 1/2(114)/56-1 dated 10.1.58.], [as the case may be] and [the member's contribution and employer's contribution, either separately, or jointly, as the case may be] [The words 'the total of the member's and employer's contributions' substituted vide G.S.R. 1063 dated 6.6.1963.] to be paid by the new employer during the remaining period of currency during which such person has worked under the new employer. The employer shall at the same time take steps to verify the truth or otherwise or the statement from his former employer, who shall be bound to furnish the required information.Provided also that where such person makes a false declaration in Form 'Q' suppressing the fact of his previous membership of the Fund, [or his voluntary contribution] [Added vide G.S.R. 1063 dated 6.6.1963.] the arrears on account of the member's share of the contribution may, notwithstanding the proviso to sub-paragraph(1) of paragraph 29, be realised from his wages which he may earn subsequently in such number of instalments as may be considered to be suitable by the Commissioner who shall be furnished with a complete report of the case, supported by the declaration in Form 'Q' within a period of fifteen days from the date on which the falsity of the declaration of such person comes to the notice of the new employer.]["Provided also that though no declaration in Form 'Q' shall be obtained from the 1st April, 1988 onwards and instead information regarding persons being transferred to and from the unit shall be furnished in Form 'HH'."] [Inserted vide G.S.R. No. 97 dated 13.2.88.]
