Union of India - Act
The Coal Mines Provident Fund Scheme
UNION OF INDIA
India
India
The Coal Mines Provident Fund Scheme
Rule THE-COAL-MINES-PROVIDENT-FUND-SCHEME of 1948
- Published on 11 December 1948
- Commenced on 11 December 1948
- [This is the version of this document from 11 December 1948.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short Title and Application
- (i) This Scheme may be called the Coal Mines Provident Fund Scheme.2. Definitions
- In this Scheme, unless there is anything repugnant in the subject or context -3.
[ ] [Paragraph 3 omitted vide G.S.R. 492 dated 1.4.66.]4. [ Terms of Office. [Sub-paragraph (1) of para 4 substituted vide G.S.R. 1013 dated 20.7.79.]
5. [Resignation. [Paragraph 5 reconstituted vide Notification No. PF 2(120)/56, dated 12.2.57.]
- A trustee [(other than that referred to in clause (b) of sub-section (1) of section 3-A of the Act)] may resign his office by notice in writing to the Central Government and his office shall fall vacant from the date on which his resignation is accepted or on the expiry of 30 days from the date of receipt of the letter of resignation whichever is earlier]6. [Ceasation and restoration of Trusteeship] [The word 'cessation of membership' substituted vide Notification No. 1,11015(21)/70 PF 1 dated 1.12.71.]
- [(A trustee [†] [The words 'A trustee shall cease to be such' substituted vide Notification No. 1,11015(21)/70 P.F. 1 dated 1. 12.71.] shall cease to be such)] trustee, [†] [The words 'or member of the Committee' 'or re-election as the case may be' 'or member' 'or the Committee' 'or membership, as the case may be' were omitted by S.R.O. 1360, dated 1.6.56.] if he fails to attend three consecutive meetings of the Board [†] [The words 'or member of the Committee' 'or re-election as the case may be' 'or member' 'or the Committee' 'or membership, as the case may be' were omitted by S.R.O. 1360, dated 1.6.56.] without obtaining leave of absence from the Chairman of the Board ;Provided that the Central Government may restore him to trusteeship [†] [The words 'or member of the Committee' 'or re-election as the case may be' 'or member' 'or the Committee' 'or membership, as the case may be' were omitted by S.R.O. 1360, dated 1.6.56.] if it is satisfied that there were reasonable grounds for the absence.6A. [ Disqualification for trusteeship. [Para '6A' added vide Notification No. 1, 11015(21)/70, PF L dated 1.12.71.]
7. Removal from [Trusteeship] [The word 'membership' substituted vide Notification No. 1, 11015(21)/70, PF I, dated 1.12.71.]
- The Central Government may remove from office any trustee if it is satisfied that the trustee has ceased to represent the interest on whose behalf he was nominated [or that his continuance is otherwise undesirable] [Plese see on next page].7A. [ Removal from Trusteeship for default in payment of any dues of the Fund. [Para '7A' added vide Notification No. 1,11015(21)/70 PF 1 dated 1.12.71.]
- The Central Government may remove from office any trustee if in its opinion the trustee, as an employer in relation to a coal mine to which the Scheme applies, has defaulted in the payment of any dues to the Board or the Fund recoverable from him under the Act or the Scheme, a~ the case may be :Provided that no such trustee shall be removed from office unless a reasonable opportunity is given to such trustee of making any representation against the proposed action.]8. Absence from India.
8A. [ Nomination of a substitute during absence of a Trustee. [Paragraph 8A added vide G.S.R. 1245 dated 17.7.63.]
9. [ Filling of Vacancies. [Paragraph 9 substituted vide G.S.R. 492 dated 1.4.66.]
10. Vacation of office.
- A person shall be disqualified for being a trustee -10A. [ Constitution of Committees. [The new paragraph 10A inserted vide G.S.R. 492 dated 1.4.66.]
11. Authentication of Orders, Decisions etc.
12. [ Delegation of Powers. [Original paragraph omitted and the paragraph inserted by S.R.O. 1363 dated 1.6.56 and later substituted by G.S.R. 492 dated 1.4.66.]
- The Commissioner may delegate, from time to time, the powers vested in him under this Scheme to any officer under his control to the extent considered suitable by him for the administration of the Scheme.]13. Disposal of Business
14. Meetings of Board of Trustees.
[‡] [The words 'and Executive Committee' 'and the Committee' 'or the committee as the case may be' 'or of the committee as the case may be to every member of the committee' 'or of the committee as the case may be' deleted by S.R.O. 1360 dated 1.6.56.] - The Board [‡] [The words 'and Executive Committee' 'and the Committee' 'or the committee as the case may be' 'or of the committee as the case may be to every member of the committee' 'or of the committee as the case may be' deleted by S.R.O. 1360 dated 1.6.56.] shall meet at such place and time as may be appointed by the Chairman of the Board. [‡] [The words 'and Executive Committee' 'and the Committee' 'or the committee as the case may be' 'or of the committee as the case may be to every member of the committee' 'or of the committee as the case may be' deleted by S.R.O. 1360 dated 1.6.56.]15. Notice of Meeting and List of Business.
16. Presiding at Meeting.
- The Chairman of the Board, [‡] [The words 'and Executive Committee' 'and the Committee' 'or the committee as the case may be' 'or of the committee as the case may be to every member of the committee' 'or of the committee as the case may be' deleted by S.R.O. 1360 dated 1.6.56.] shall, [] [The words, brackets and figures save as provided in sub-paragraph (2) and (3) of paragraph 3 omitted vide G.S.R. 492 dated 1.4.66.] preside at every meeting of the Board [‡] [The words 'and Executive Committee' 'and the Committee' 'or the committee as the case may be' 'or of the committee as the case may be to every member of the committee' 'or of the committee as the case may be' deleted by S.R.O. 1360 dated 1.6.56.] at which he is present. If the Chairman is absent at any time, the [trustees] [The words, 'or the members of the committees' omitted by S.R.O. 1360 dated 1.6.56.] present shall elect one of their members to preside over the meeting and the [trustees] [The words, 'or the members of the committees' omitted by S.R.O. 1360 dated 1.6.56.] so elected shall at that meeting exercise all the powers of the Chairman.17.
[(1) No business shall be transacted at a meeting of the Board, whether ordinary or emergent, unless at least four Trustees are present of whom at least one each shall be a trustee appointed under clause (e) and under clause (f) respectively of sub-section (1) of section 3A of the Act.] [Sub-paragraph [1] of paragraph 17 substituted vide notification No. R-110/1/1/76-PFI, dated 10.9.76]18. Recommendation by Majority.
19. Minutes of Meetings.
20. Acts of the Board etc. not invalid by reason of defect in constitution.
- No act of the Board [@] [The words 'or the committee' 'or members of the committee' 'or of the committee,' 'or members as the case may be' 'or the committee' 'or member' 'or election' 'and/or the committee' omitted by S.R.O. 1360 dated 1.6.56.] shall be deemed to be invalid by reason of any defect in the constitution of the Board [@] [The words 'or the committee' 'or members of the committee' 'or of the committee,' 'or members as the case may be' 'or the committee' 'or member' 'or election' 'and/or the committee' omitted by S.R.O. 1360 dated 1.6.56.] or on the ground that any trustee [@] [The words 'or the committee' 'or members of the committee' 'or of the committee,' 'or members as the case may be' 'or the committee' 'or member' 'or election' 'and/or the committee' omitted by S.R.O. 1360 dated 1.6.56.] thereof was not entitled to hold or continue in office by reason of any disqualification or of any irregularity in the [appointment] [The word 'nomination' substituted vide G.S.R. No. 492 dated 1.4.66.] [@] [The words 'or the committee' 'or members of the committee' 'or of the committee', 'or members as the case may be', 'or the committee', 'or member' 'or election' 'and/or the committee' omitted by S. R.O. 1360 dated 1.6.56.] or by reason of such act having been done during the period of any vacancy in the Board [@] [The words 'or the committee' 'or members of the committee' 'or of the committee', 'or members as the case may be', 'or the committee', 'or member' 'or election' 'and/or the committee' omitted by S. R.O. 1360 dated 1.6.56.].21. Fees and allowances.
22.
[ ] [Paragraph 22 omitted by O.S.R. 492 dated 1.4.66.]23. Coal Mines Provident Fund Commissioner.
- [ ] [Sub-paragraph (1) and (4) omitted by O.S.R. 492 dated 1.4.66.]24. [ Opening of Regional and Other Offices. [Paragraph 24 substituted vide G.S.R. 492 dated 1.4.66.]
- The Board may, with the approval of the Central Government, open such regional and local offices as it may consider necessary for the' proper implementation of the Scheme framed under section 3 of the Act. It may also define and vary from time to time the functions, duties and jurisdiction of the regional and local offices.]25. Class of Employees Required to Join the Fund [in respect of any quarter prior to the 1st January, 1962] [Heading substituted vide S.O. 2620 dated 26.11.61.].
25A. [ [Paragraph 25 & 25 B added vide S.O. 2620 dated 28.10.61.]
- Class of employees required to join the Fund after the 31st December,25B. Allowance for leave etc.
25C. [ Continuance of membership of the Fund in case of Employees of the National Coal Development Corporation. [Paragraph 25C inserted vide G.S.R. 531 dated 21.3.70.]
- In the event of a member becoming an excluded employee under sub-clause (ii) of clause (g) of paragraph 2, he shall be required to continue his membership of the Fund till the date on which the order of his permanent absorption by the National Coal Development Corporation Limited in a cadre to which this Scheme does not apply, is issued.Provided that where any member on becoming an excluded employee as mentioned above, before the commencement of the Coal Mines Provident Fund (Amendment) Scheme 1970, has been made a member of any Provident Fund other than the Coal Mines Provident Fund, such member shall be required to contribute to the later Fund from such date as the Commissioner may specify in each case.]26. Election for Continuance of Membership of Certain Other Provident Funds
27. Rates of Contributions
| **Total of monthly basic wages, dearness allowance and cashequivalent to concessional rations at the rate of fifteen rupeesper month | Member's contribution | Employer's contribution | Total monthly contribution | |||||||||||
| Rs. | As. | Rs. | As. | Rs. | As. | |||||||||
| Upto Rs. 10 | 0 | 10 | 0 | 10 | 1 | 4 | ||||||||
| Over Rs. 10 and upto Rs. 16 | 1 | 0 | 1 | 0 | 2 | 0 | ||||||||
| Over Rs. 16 and upto Rs. 24 | 1 | 8 | 1 | 8 | 3 | 0 | ||||||||
| Over Rs. 24 and upto Rs. 36 | 2 | 0 | 2 | 0 | 4 | 0 | ||||||||
| Over Rs. 36 and upto Rs. 54 | 3 | 0 | 3 | 0 | 6 | 0 | ||||||||
| Over Rs. 54 and upto Rs. 72 | 4 | 0 | 4 | 0 | 8 | 0 | ||||||||
| Over Rs. 72 and upto Rs. 88 | 5 | 0 | 5 | 0 | 10 | 0 | ||||||||
| Over Rs. 88 and upto Rs. 104 | 6 | 0 | 6 | 0 | 12 | 0 | ||||||||
| Over Rs. 104 and upto Rs. 120 | 7 | 0 | 7 | 0 | 14 | 0 | ||||||||
| Over Rs. 120 and upto Rs. 136 | 8 | 0 | 8 | 0 | 16 | 0 | ||||||||
| Over Rs. 136 and upto Rs. 150 | 9 | 0 | 9 | 0 | 18 | 0 | ||||||||
| Over Rs. 150 and upto Rs. 175 | 10 | 0 | 10 | 0 | 20 | 0 | ||||||||
| Over Rs. 175 and upto Rs. 200 | 12 | 0 | 12 | 0 | 24 | 0 | ||||||||
| [Over Rs. 200 and upto Rs. 240] [These words and figures were inserted under the Ministry of Labour Notification No. P.F. 2(2) 51 dated 23rd April 1951.] | 15 | 0 | 15 | 0 | 30 | 0 | ||||||||
| [Over Rs. 240] [These words and figures wre inserted under the Ministry of Labour Notification No. P.F. 2(2) 51 dated 23rd April 1951.] | @1/16th of the total of monthly basic wages,dearness allowances and cash equivalent of concessional rationat the rate of fifteen rupees per month | @1/16th of the total of monthly , basic wages,dearness allowances and cash equivalent of concessional rationsat the rate of fifteen rupees per month | @2/16th of the total of monthly , basic wages,dearness allowances and cash equivalent of concessional rationsat the rate of fifteen rupees per month rounded off to thenearest rupees. |
| Basic wages for **any week ending on or before the 17th July,1955 | Member's contribution | Employer's contribution | Total weekly contribution |
| Annas | Annas | Annas | |
| Upto Re. 1 | Nil | Nil | Nil |
| Over Re. 1 and upto Rs. 2 | 2 | 2 | 4 |
| Over Rs. 2 and upto Rs. 3 | 3 | 3 | 6 |
| Over Rs. 3 and upto Rs. 5 | 4 | 4 | 8 |
| Over Rs. 5 and upto Rs. 7 | 6 | 6 | 12 |
| Over Rs. 7 and upto Rs. 9 | 8 | 8 | 16 |
| Over Rs. 9 and upto Rs. 11 | 10 | 10 | 20 |
| Over Rs. 11 | 12 | 12 | 24 |
| Category of Employees | Rate of Provident Fund Contribution | |
| Member's contribution per rupee of basic wage forthe week | Employer's contribution per rupee of basic wagefor the week | |
| Annas | Annas | |
| (a) Weekly paid employees- | ||
| (i) In thestates of Bihar & West Bengal | 3 | 3 |
| (ii) In allother States | 2 ½ | 2 ½ |
| Members contribution per rupee of basic wage forthe month | Employer's contribution per rupee of basic wagefor the month | |
| Annas | Annas | |
| (b) Monthly paid employees whose basic rate of pay does notexceed Rs. 30 per mensem: | ||
| (i) In thestates of Bihar and West Bengal | 3 | 3 |
| (ii) In allother States | 2 ½ | 2 ½ |
| RATE OF PROVIDENT FUND CONTRIBUTION | |
| MEMBER'S CONTRIBUTION | EMPLOYER'S CONTRIBUTION |
| 6¼ % of total emoluments rounded off to the nearest nayapaisa. | 6¼ % of total emoluments rounded off to the nearest nayapaisa.. |
| RATE OF PROVIDENT FUND CONTRIBUTION | |
| MEMBER'S CONTRIBUTION | EMPLOYER'S CONTRIBUTION |
| 8 % of total emoluments | 8 % of total emoluments |
27A. [ Voluntary contribution by members. [Para 27A added vide G.S.R. 1063 dated 6.6.1963.]
27B. [ Rounding off to the nearest rupee. [Paragraph 27B inserted vide G.S.R. No. 1312 dated 29.12.84.]
- Each contribution under paragraphs 27 and 27-A shall be rounded off to the nearest rupee treating fifty paise or more as the next higher rupee and ignoring fractions of a rupee less than fifty paise.]28. [ Payment of Contribution [Paragraph 28, 29 and 30 substituted vide G.S.R. 492 dated 1.4.1966.]
- The employer shall, in the first instance, pay both the contributions payable by himself (in this Scheme referred to as the employer's contribution) and also on behalf of the members employed by him directly or by through a contractor the contribution payable by such members (in this scheme referred to as the member's contribution) irrespective of whether he or the contractor has recovered the member's contribution from their wages or whether the contractor has made the payment to the employer under paragraph 30 or not.29. Recovery of Member's Contribution
30. Duties of Contractors
31. Payment of contribution in respect of Initial members.
31A. [ Transfer of accumulation from other Provident Funds of coal mines. [The new paragraph 31A, 31B and 31C inserted by G.S.R. 492 dated 1.4.66.]
31B. Transfer of accumulations from Provident Funds of establishments other than coal mines.
31C. Transfer of Accumulations from the Fund to Other Provident Funds.
32. Lumpsum Contribution.
33. Mode of Payment of Contribution [in respect of any period of currency commencing prior to the 1st of April, 1953] [Inserted vide S.R.O. 3306 dated 22.10.1954.] - Affixing of Stamps.
33A. [ Mode of Payment of contribution for any period of currency commencing on or after the 1st April, 1953 - Payment in cash. [Inserted vide S.R.O. No. 3306 dated the 22nd Octuber 1954.]
33B. [ Rate of administrative charge. [Inserted vide S.R.O. 858 dated 20.8.1955.]
| Contribution | Rate of administrative charge | |
| (i) | Provident Fund contribution payable for any periodupto the 17th July 1955. | Five per centum of the total amount of member's andemployer's contributions. |
| (ii) | Provident Fund contribution payable for any period[between the 18th July, 1955 and the 30th Sept., 1962] [Substituted and inserted vide G.S.R. 1173 dated 1.9.1962.]. | Three per centum of the total amount of member'sand employer's contributions. |
| (iii) | Provident Fund contribution payable for any period[between the 1st October, 1962 and 31st January, 1963] [The words 'after the 30th September, 1962' substituted vide G.S.R. 1428 dated 26.8.1963.] | Two and half per centum of the total amount ofmember's and employer's contributions. |
| (iv) [ [Clause (iv) inserted vide G.S.R. 147 dated 18.1.1963.] | Provident Fund contribution[not including thevoluntary contribution by members in excess of their compulsorycontribution prescribed in Table - V under sub-paragraph(1) ofparagraph 27] [Added vide G.S.R. 1063 dated 6.6.1963.]payable for any period after the 31st January, 1963[but before the 1st June, 1973] [Inserted vide Notification No. R-11013(2)/73-PF I(i) dated 8.5.73.]. | Two and point four (2.4) per centum of the totalamount of member's and employer's contributions]. |
| (v) [ [Inserted vide Notification No. R-11013(2)/73-PF I(i) dated 8.5.73.] | Provident Fund contribution not including thevoluntary contribution by members in excess of their compulsorycontribution prescribed in Table-V under sub-paragraph (1) ofparagraph 27 payable for any period after the 1st June, 1973,[but before the 31st March, 1980] [Inserted vide G.S.R. 136 dated 7.2.1981.]. | Three and point five (3.5) per centum of the totalamount of member's and employer's compulsory contributions.] |
| (vi) [ [Inserted vide Notification No. R-11013(2)/73-PF I(i) dated 8.5.73.] | Provident Fund contribution not including thevoluntary contributions by members in excess of their compulsorycontribution prescribed in Table-V under sub-paragraph (1) ofparagraph 27 payable for any period after the 31st March, 1981. | Three (3) per centum of the total amount ofmember's and employer's compulsory contributions]. |