- In this Scheme, unless there is anything repugnant in the subject or context -(a)"Act" means the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (XLVI of 1948) ;(b)"Basic Wages" means the total cash emoluments, whether earned while on duty or while on leave with pay, but excluding all payments for food concession, dearness, house rent and other similar allowances, overtime, bonus, commission, presents, or donations ;(c)"Board" means the Board of Trustees constituted under [Section 3-A of the Act] [The words and figures 'paragraph 3 of this Scheme' substituted vide G.S.R. 492 dated 1.4.66.].(cc)[ "Chief Inspector of Mines" has the meaning assigned to it in Sub-section (1) of Section 5 of the Mines Act, 1952 (35 of 1952);] [Inserted vide S.O. 2620 dated 26.11.61.](d)"Children" means legitimate children and includes adopted children if the [(commissioner)] [Inserted by S.R.O. 1360 dated 1.6.56.] is satisfied that under the personal law of the member adoption of a child is legally recognised ;(e)"Commissioner" means the Coal Mines Provident Fund Commissioner appointed under [sub-section (1) of section 3-C of the Act] [The words and figures 'paragraph 23 of this scheme' substituted vide G.S.R. 492 dated 1.4.66.] * ** Omitted by S.R.O. 1360 dated 1.6.56.* The words and figures 'paragraph 23 of this scheme" substituted vide G.S.R. 492 dated 1.4.66.(g)[ "Excluded Employee" means an employee -] [Clause (g) reconstituted vide S.O. 2620 dated 26.11.61.](i)[ who, having been a member of the Fund once, withdraw the amount of his accumulation in the Fund either in whole or in part on permanent retirement after attainment of the age of 50 years or on retirement on account of total incapacity due to bodily or mental infirmity acquired after attaining the age of 50 years, or,] [Sub-clause (i) substituted vide G.S.R. 509 dated 5.4.72.](ii)[ who is employed in a coal mine belonging to or under the control of the National Coal Development Corporation Ltd., on pay and under conditions of service which for the time being are similar to those obtaining in Railway establishments, or under conditions of service which entitle him to pension under the Civil Rules or under conditions of service drawn up by the said Corporation] [Proviso to para 2(g) (ii) omitted vide G.S.R. 531 of 21.3.70.].(iii)who is employed as labourer of a contractor for building, brick making or tile making ;(h)"Family" means -[in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son's widow and children.] [The words 'in the case of a male member, the wife, children and dependent parents of the member, and the widow and children of a deceased son of the member substituted vide G .S.R. 863 dated 27.5.67.]Provided that if a member proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouse belongs to be entitled to maintenance she shall no longer be deemed to be a part of the member's family in matters to which this scheme relates, unless the member subsequently intimates by express notice in writing to the commissioner that she shall continue to be so regarded ; and[in the case of a female member, her husband, her children whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children.] [The words 'in the case of female member, the husband and children of the member, the dependent parents of the husband, and the widow and children of a deceased son of the member SUbstituted vide G.S.R. 863 dated 27.5.67.]Provided that if a member by notice in writing to the commissioner expresses her desire to exclude her husband from the family, the husband shall no longer be deemed to be a part of the member's family in matters to which this scheme relates unless the member subsequently cancels in writing any such notice.Explanation - In either of the above two cases, if the child of a member [or, as the case may be, the child of a deceased son of a member] [Inserted vide G.S.R. 863 dated 27.5.67.] has been adopted by another person and if, under the personal law of the adopter adoption is legally recognised such a child shall be considered as excluded from the family of the member;(i)"Inspector" means a person appointed as such under section 10 of the Act ;(j)"Member" shall have the meaning assigned in the Act and shall include initial member ;(k)[ "Period of Membership" means in respect of a member the period beginning with the day on which he was employed in the coal mine wherefrom he qualifies for the membership of the fund and [(ending with the date on which the amount standing to his credit in the Fund and refundable under paragraph 63 is tendered for payment)] [Clause (k) reconstituted vide S.R.O. 2564, dated 31.7.57.].[Provided that in the case of a member whose accumulations in the past provident fund are transferred to the Fund under sub-section(1) or sub-section(3) of section 3D of the Act, his period of membership of the Fund shill be deemed to have commenced from the date of his employment in the coal mine or establishment, as the case may be, wherein he became a subscriber of the provident fund from which his accumulations are transferred to the Fund.] [The proviso inserted vide G.S.R. 492, dated 1.4.66.]Provided [further] [The word 'further' inserted vide G.S.R. 492 dated 1.4.66.] that in any case where the date on which a member was employed cannot be ascertained, the first day of the period or quarter in which he qualified for membership of the Fund shall be deemed to be the date on which he was employed in the Coal Mine.(l)"Quarter" means a period of three calender months commencing on the first of January, the first of April, the first of July and the first of October of each year:(ll)[ "Temporary Disablement" means a condition resulting from a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment in a coal mine, which requires medical treatment and renders the employee temporarily incapable of work and which entitles such employee to compensation under the Workmen's Compensation Act, 1923 (8 of 1923);] [Clause (ll) inserted vide S.O. 2620 dated 26.11.61.](m)[ "Total Emoluments" means the total cash emoluments inclusive of all allowances, overtime, compensation for guaranteed wage, additional payments for difficult and arduous work, remuneration for paid holidays, whether earned while on duty or on any kind of leave with pay, but does not include - [Clause [m] inserted vide Notification No. PF 1/2(114) 56-1 dated 10.1.58.](i)bonus under the Coal Mines Bonus Scheme ;(ii)any travelling allowance or the value of any travelling concession;(iii)any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment;(iv)any gratuity payable on discharge;(v)any retrenchment compensation;(vi)any commission ; and(vii)any ex-gratia payment](n)[ "Wages" has the meaning assigned to it in clause (vi) of Section of the Payment of Wages Act, 1936 (IV of 1936) ; [Re-lettered vide Notification No. PF 1/2(114)56-1 dated 10.1.58.][For Assam, see para 2 of Appendix-I,For Talcher, see para 2 of Appendix-II,For Rewa and Korea, see para 2 of Appendix-III,For J&K see para 2 of Appendix-IV].
