Section 12 in The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
12. Repeal of Ordinance 7 of 1948.—(1) The Coal Mines Provident Fund and Bonus Schemes Ordinance, 1948 (7 of 1948) is hereby repealed.
(2)Notwithstanding any such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act had commenced on the 23rd day of April, 1948.THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1948 THE FIRST SCHEDULE (See section 3) MATTERS TO BE PROVIDED FOR IN THE COAL MINES PROVIDENT FUND SCHEME 1. The employees or class of employees who shall join the Fund, the contributions payable to the Fund and the conditions under which an employee may be exempted from joining the Fund or from payment of contributions. tc "1. The employees or class of employees who shall join the Fund, the contributions payable to the Fund and the conditions under which an employee may be exempted from joining the Fund or from payment of contributions." 1[2. Payment of contributions to the Fund by employers and by, or on behalf of, 2[employees (whether employed by an employer directly or by or through a contractor).] the rate, time and manner of such payment and the manner in which such contributions may be recovered.] tc "2[2. Payment of contributions to the Fund by employers and by, or on behalf of, 3[employees (whether employed by an employer directly or by or through a contractor).] the rate, time and manner of such payment and the manner in which such contributions may be recovered.]" 3[2A. The manner in which employees’ contributions may be recovered by contractors from employees employed by or through such contractors.] tc "4[2A. The manner in which employees’ contributions may be recovered by contractors from employees employed by or through such contractors.]" 3. The payment by the employer of such sums of money as may be considered necessary to meet the cost of administering the Fund and the rate at which and the manner in which 4[the payment shall be made]. tc "3. The payment by the employer of such sums of money as may be considered necessary to meet the cost of administering the Fund and the rate at which and the manner in which 5[the payment shall be made]." 5[4. The constitution of any committee for assisting the Board.] tc "6[4. The constitution of any committee for assisting the Board.]" 6[5. The opening of regional and other offices.] tc "7[5. The opening of regional and other offices.]" 6. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund, the preparation of a budget, the audit of accounts and the submission of reports to the Central Government. tc "6. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund, the preparation of a budget, the audit of accounts and the submission of reports to the Central Government." 7. The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made 7[, the maximum amount of such deduction or forfeiture and the utilisation of such deducted or forfeited amounts]. tc "7. The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made 8[, the maximum amount of such deduction or forfeiture and the utilisation of such deducted or forfeited amounts]." 8. The fixation of the rate of interest payable to members by the Central Government in consultation with the Board of Trustees. tc "8. The fixation of the rate of interest payable to members by the Central Government in consultation with the Board of Trustees." 9. The form in which an employee shall furnish particulars about himself and his family when required. tc "9. The form in which an employee shall furnish particulars about himself and his family when required." 10. The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or the change of such nomination. tc "10. The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or the change of such nomination." 11. The registers and records to be maintained by the employer 8[or contractor] and the returns to be furnished by him. tc "11. The registers and records to be maintained by the employer 9[or contractor] and the returns to be furnished by him." 12. The form or design of an identity card or a token or a disc for purposes of identifying any employee and for the issue, custody and replacement thereof. tc "12. The form or design of an identity card or a token or a disc for purposes of identifying any employee and for the issue, custody and replacement thereof." 13. The fees to be levied for any of the purposes specified in this Schedule. tc "13. The fees to be levied for any of the purposes specified in this Schedule." 9[13A. The manner in which accumulations in any existing provident fund shall be transferred to the Fund under section 3D, and the mode of valuation of any assets which may be transferred by the person administering such provident fund. tc "1[13A. The manner in which accumulations in any existing provident fund shall be transferred to the Fund under section 3D, and the mode of valuation of any assets which may be transferred by the person administering such provident fund." 14. Any other matter which is to be provided for in the Coal Mines Provident Fund Scheme or which may be necessary or proper for the purpose of implementing that Scheme.] tc "14. Any other matter which is to be provided for in the Coal Mines Provident Fund Scheme or which may be necessary or proper for the purpose of implementing that Scheme.]" ------------------------- 1. Subs. by Act 21 of 1951, sec. 3, for paragraph 2 (w.e.f. 28-4-1951). 2. Subs. by Act 45 of 1965 sec. 12, for “employees,” (w.e.f. 1-4-1966). 3. Ins. by Act 45 of 1965, sec. 12, (w.e.f. 1-4-1966). 4. Subs. by Act 21 of 1951, sec. 3, for “it shall be paid” (w.e.f. 28-4-1951). 5. Subs. by Act 45 of 1965, sec. 12, for item 4 (w.e.f. 1-4-1966). 6. Subs. by Act 45 of 1965 sec. 12, for item 5 (w.e.f. 1-4-1966). 7. Subs. by Act 45 of 1965, sec. 12 for “and the maximum amount of such deduction or forfeiture” (w.e.f. 1-4-1966). 8. Ins. by Act 45 of 1965, sec. 12 (w.e.f. 1-4-1966). 9. Subs. by Act 45 of 1965, sec. 12 for item 14 (w.e.f. 1-4-1966). ------------------------- THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1948 1[THE SECOND SCHEDULE [See section 3E(5)] MATTERS TO BE PROVIDED FOR IN THE COAL MINES PENSION SCHEME 1. The employees or class of employees to whom the Coal Mines Pension Scheme shall apply and the time within which option to join that scheme shall be exercised by those employees to whom the said scheme does not apply. tc "1. The employees or class of employees to whom the Coal Mines Pension Scheme shall apply and the time within which option to join that scheme shall be exercised by those employees to whom the said scheme does not apply." 2. The time within which the employees who are not members of the Family Pension Scheme under section 3E as it stood before the commencement of the Coal Mines Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme. tc "2. The time within which the employees who are not members of the Family Pension Scheme under section 3E as it stood before the commencement of the Coal Mines Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme." 3. The portion of employers’ contribution and employees’ contribution to the Fund which shall be credited to the Pension Fund and the manner in which it is credited. tc "3. The portion of employers’ contribution and employees’ contribution to the Fund which shall be credited to the Pension Fund and the manner in which it is credited." 4. The Central Government’s contribution and other contributions to the Fund which shall be credited to the Pension Fund and the manner in which it is credited. tc "4. The Central Government’s contribution and other contributions to the Fund which shall be credited to the Pension Fund and the manner in which it is credited." 5. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted the benefits of their past service under section 3E as it stood before the commencement of the amending Act. tc "5. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted the benefits of their past service under section 3E as it stood before the commencement of the amending Act." 6. The regulation of the period of service for which no contribution is received. tc "6. The regulation of the period of service for which no contribution is received." 7. The manner in which employees’ interest will be protected against default in payment of contribution by the employer. tc "7. The manner in which employees’ interest will be protected against default in payment of contribution by the employer." 8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government. tc "8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government." 9. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. tc "9. The form in which an employee shall furnish particulars about himself and the members of his family whenever required." 10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme. tc "10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme." 11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such payment. tc "11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such payment." 12. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose. tc "12. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose." 13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by the Central Government to the Board. tc "13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by the Central Government to the Board." 14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee. tc "14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee." 15. Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.”] tc "15. Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.”]" ----------------------- 1. Ins. by Act 16 of 1971, sec. 11 (w.e.f. 13-2-1971) and subs. by Act 23 of 1996, sec. 9 (w.e.f. 31-3-1998). ----------------------- THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1948 1[THE THIRD SCHEDULE (See section 3G) MATTERS TO BE PROVIDED FOR IN THE COAL MINES DEPOSIT-LINKED INSURANCE SCHEME 1. The employees or class of employees who shall be covered by the Insurance Scheme. tc "1. The employees or class of employees who shall be covered by the Insurance Scheme." 2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund, subject to such pattern of investment as may be determined, by order, by the Central Government. tc "2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund, subject to such pattern of investment as may be determined, by order, by the Central Government." 3. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. tc "3. The form in which an employee shall furnish particulars about himself and the members of his family whenever required." 4. The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination. tc "4. The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination." 5. The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount. tc "5. The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount." 6. The scales of insurance amount which shall not be less than the average balance in the account of the employee concerned in the Fund during a period of three years immediately preceding his death or more than rupees ten thousand. tc "6. The scales of insurance amount which shall not be less than the average balance in the account of the employee concerned in the Fund during a period of three years immediately preceding his death or more than rupees ten thousand." 7. The minimum average balance to be maintained by an employee in the Fund to make him eligible for the benefits under the scheme. tc "7. The minimum average balance to be maintained by an employee in the Fund to make him eligible for the benefits under the scheme." 8. The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). tc "8. The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970)." 9. Any other matter which is to be provided for in the Insurance Scheme or which may be necessary or proper for the purpose of implementing that scheme.] tc "9. Any other matter which is to be provided for in the Insurance Scheme or which may be necessary or proper for the purpose of implementing that scheme.]" ----------------------- 1. Ins. by Act 99 of 1976, sec. 15 (w.e.f. 1-8-1976). tc" 1. Ins. by Act 99 of 1976, sec. 15 (w.e.f. 1-8-1976)." ----------------------- THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1948 1[THE FOURTH SCHEDULE] (See section 5) MATTERS TO BE PROVIDED FOR IN THE COAL MINES BONUS SCHEME 1. The payment of bonus dependent on the attendance of an 2[employee] during any period. tc "1. The payment of bonus dependent on the attendance of an 3[employee] during any period." 2. The employees or class of employees who shall be eligible for the bonus and the conditions of eligibility. tc "2. The employees or class of employees who shall be eligible for the bonus and the conditions of eligibility." 3. The rate at which the bonus shall be payable to an employee and the manner in which the bonus shall be calculated. tc "3. The rate at which the bonus shall be payable to an employee and the manner in which the bonus shall be calculated." 4. The conditions under which an employee may be debarred from getting the bonus in whole or in part. tc "4. The conditions under which an employee may be debarred from getting the bonus in whole or in part." 5. The rate at which sums shall be set apart by the employer for payment of bonus, and the time and manner of such payment. tc "5. The rate at which sums shall be set apart by the employer for payment of bonus, and the time and manner of such payment." 6. The registers and records to be maintained by the employer 3[or contractor] and the returns to be furnished by him. tc "6. The registers and records to be maintained by the employer 1[or contractor] and the returns to be furnished by him." 4[6A. The transfer, by an employer to the Fund or any other fund specified by the Central Government, of the amount of bonus remaining unpaid or unclaimed for a period of six months from the end of the quarter to which the bonus relates and the extinguishment of the employer’s liability to his employees to the extent of the amount so transferred. tc "2[6A. The transfer, by an employer to the Fund or any other fund specified by the Central Government, of the amount of bonus remaining unpaid or unclaimed for a period of six months from the end of the quarter to which the bonus relates and the extinguishment of the employer’s liability to his employees to the extent of the amount so transferred." 7. Any other matter which is to be provided for in the Coal Mines Bonus Scheme or which may be necessary or proper for the purpose of implementing that Scheme.] tc "7. Any other matter which is to be provided for in the Coal Mines Bonus Scheme or which may be necessary or proper for the purpose of implementing that Scheme.]" ----------------------- 1. The Second Schedule re-numbered as The Third Schedule by Act 16 of 1971, sec. 11 (w.e.f. 13-2-1971) and again re-numbered as The Fourth Schedule by Act 99 of 1976, sec. 15 (w.e.f. 1-8-1976). 2. Subs. by Act 80 of 1950, sec. 6, for “employee in a coal mine” (w.e.f. 31-12-1950). 3. Ins. by Act 45 of 1965, sec. 13 (w.e.f. 1-4-1966). 4. Subs. by Act 45 of 1965, sec. 13, for item 7 (w.e.f. 1-4-1966). -----------------------
