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Union of India - Section

Section 2 in The Coal Mines Pension Scheme, 1998

2. Definitions . - In this Scheme, unless the context otherwise requires,--

(a)"Act" means the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948);
(b)[appointed day or date of joining, as the case may be] means the date appointed under sub-paragraph (2) of paragraph 1 of the Scheme;
(c)"authorised officer" means the Regional Commissioner or the Assistant Commissioner or any other officer appointed under sub--section (2) of section 3-C;
(d)"average emoluments" means the average of the notional salary payable to an employee for the last ten months before retirement from the service;
(e)"Board" means the Board of Trustees constituted under section 3-A;
(f)"Commissioner" means the Coal Mines Provident Fund Commissioner appointed under sub-section (1) of section 3-C;
(fa)[ "date of his retirement" means the date of retirement beginning on or after the first day of April, 1994;] [Inserted by G.S.R. 108(E), dated 13.2.2003 (w.r.e.f. 31.3.1998). ]
(g)"employee" means an employee of the coal mines in respect of which the Coal Mines Provident Fund Scheme have been made applicable;
(h)"family" in relation to an employee, means--
(i)wife in the case of a male employee or husband in the case of a female employee,
(ii)a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery, and
(iii)son who has not attained the age of twenty-five years and unmarried daughter who has not attained the age of twenty-five years including such [son or daughter] [Substituted by G.S.R. 269(E), dated 25.5.1998 (w.e.f. 25.5.1998). ] adopted legally before superannuation;
(i)"form" means the form annexed to the Scheme;
(j)"Fund" means the provident fund established under the Coal Mines Provident Fund Scheme;
(k)"notional salary" means the monthly emoluments comprising basic pay and dearness allowance payable to an employee notwithstanding the actual salary drawn for that month;
(l)"pension" means superannuation pension, retiring pension, disablement pension, widow or widower pension, children pension and orphan pension;
(m)"pensionable age" means the age of superannuation;
(n)"Pension Fund" means the fund established under sub-section (2) of section 3-E;
(o)"pensionable service" means--
(i)the two-third of the period of actual service rendered by an employee from the date of opting for the Coal Mines Family Pension Scheme, 1971, and up to the 31st day of March, 1989, except the period for which no contribution has been made to the Family Pension Fund, and
(ii)the actual service rendered by an employee from the first day of April, 1989 or the date of joining the service, whichever is later, to the date of retirement or the death in service except the period for which no contribution has been made to the Family Pension Fund or the Pension Fund, as the case may be;
(p)"Provident Fund Scheme" means the Coal Mines Provident Fund Scheme, 1948, the Andhra Pradesh Coal Mines Provident Fund Scheme, 1956 and the Rajasthan Coal Mines Provident Fund Scheme, 1958;
(q)[ "retirement", in relation to an employee who is a member of the Pension Scheme means exit of an employee on completion of ten years of pensionable service;] [Substituted by G.S.R. 689(E), dated 29.8.2000 (w.r.e.f. 31.3.1998). ]
(r)"salary" means the monthly emoluments based on which the contribution to the fund is deducted every month;
(s)"Schedule" means the Schedule annexed to the Scheme;
(t)"section" means section of the Act;
(u)"superannuation" in relation to an employee who is a member of the Pension Scheme, means the attainment by the said employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment;
(v)"year" means the period of twelve months from the first day of April of the year to the thirty-first day of March of the following year; and
(w)all other words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.