[Act 32 of 1947] [18th April, 1947] [Repealed
by Act 27 of 1986, Section 3, w.e.f. 1-10-1986.] An Act
to make better provision for financing measures for promoting the welfare of
labour employed in the coal-mining industry Whereas
it is expedient to make better provision for financing measures for promoting
the welfare of labour employed in the coal-mining industry, including housing
and the provision of dispensary services, and for such purposes to impose a
cess and constitute a fund; It is
hereby enacted as follows. (1)
This Act may be called the Coal Mines Labour
Welfare Fund Act, 1947. (2)
It extends to the whole of India [1][*
* *]. (3)
It shall come into force on such [2]date
as the Central Government may, by notification in the Official Gazette,
appoint. In
this Act, unless there is anything repugnant in the subject or context,? (a)
?Advisory Committee? means the Advisory
Committee constituted under Section 8; (b)
?Commissioner? means the Coal Mines Labour
Welfare Commissioner appointed under Section 9, and includes any officer
authorized in writing by the Commissioner to exercise any of his functions
under this Act; (c)
?Housing Board? means the Coal Mines Labour
Housing Board constituted under Section 6; (d)
?Fund? means the Coal Mines Labour Housing
and General Welfare Fund constituted under Section 4; (e)
?prescribed? means prescribed by rules made
under this Act. (1)
There shall be levied and collected as a cess
for the purposes of this Act a duty of excise on all coal and coke despatched
from collieries in [3][the
territories to which this Act extends], at such rate [4][not
less than twenty-five paise and more than seventy-five paise per tonne,] as may
from time to time be fixed by the Central Government by [5]notification
in the Official Gazette: Provided
that the Central Government may, by notification in the Official Gazette,
exempt from liability to the duty any specified class or classes of coal or
coke. (2)
The duty levied under sub-section (1) shall,
subject to and in accordance with rules made in this behalf, be collected by
such agencies and in such manner as may be prescribed. (1)
The proceeds of the duty levied under Section
3 shall be paid by the collecting agencies into the Reserve Bank of India at
Calcutta in the prescribed manner, and shall be credited to a fund to be called
the Coal Mines Labour Housing and General Welfare Fund, and apportioned under
two separate accounts, to be called the housing account of the Fund and the
general welfare account of the Fund, in such manner as the Central Government
from time to time may, by [6]notification
in the Official Gazette, determine: [7][Provided that there shall at all times be credited? (a)
to the housing account of the Fund, not less
than twelve paise, and (b)
to the general welfare account of the Fund, not
more than forty-five paise, (c)
out of the duty collected under this Act on
every tonne of coal or coke.] (2)
There shall also be credited to the housing
account of the Fund. (a)
any grants made thereto by the Central
Government; (b)
rents, if any, realised from housing
accommodation constructed out of such account; (c)
any other moneys received by the Housing
Board. (1)
The cost of administering the Fund and the
salaries and allowances, if any, of the Commissioner, Inspectors, Welfare
Officers and other staff appointed to supervise or carry out measures financed
from the Fund shall be defrayed out of the Fund, and shall be apportioned
between and debited to the housing account and the general welfare account in
such manner as may be prescribed. (2)
The Central Government may out of the general
welfare account of the Fund pay annually grants-in-aid to such of the colliery
owners as maintain to the satisfaction of the Commissioner dispensary services
of the prescribed standard for the benefit of labour employed in their collieries,
so however that the amount payable as grant-in-aid to the owner of a colliery shall
not exceed (i)
the amount of the duty at the rate of [8][4.1
paise per tonne] recovered in respect of coal or coke despatched from the
colliery less the proportionate cost of recovery, or (ii)
the amount spent by the owner of the colliery
in the maintenance of the dispensary service, as determined by the
Commissioner, whichever is less: Provided
that no grant-in-aid shall be payable in respect of any dispensary service
maintained by the owner of the colliery if the amount expended thereon, as
determined by the Commissioner, is less than eighty rupees per mensem. (3)
The balance of the moneys in the general
welfare account of the Fund shall be applied by the Central Government to meet
expenditure incurred in connection with measures which are in the opinion of
the Central Government necessary or expedient to promote the welfare of labour
employed in the coal-mining industry. (4)
Without prejudice to the generality of
sub-section (3) the moneys in the general welfare account of the Fund may be
utilised to defray. (a)
the cost of measures for the benefit of
labour employed in the coal-mining industry directed towards (i)
the improvement of public health and
sanitation, the prevention of disease, the provision of medical facilities and
the improvement of existing medical facilities, including the provision and
maintenance of dispensary services in collieries the owners of which do not
receive grants-in-aid under sub-section (2), (ii)
the provision of water-supplies, and
facilities for washing and the improvement of existing supplies and facilities, (iii)
the provision and improvement of educational
facilities, (iv)
the improvement of standards of living,
including nutrition, amelioration of social conditions, and the provision of
recreational facilities, (v)
the provision of transport to and from work; (b)
the grant to a State Government, a local
authority or the owner, agent or manager of a coal mine of money in aid of any
scheme approved by the Central Government for any purpose for which moneys in
the general welfare account of the Fund may be utilised; (c)
the allowances, if any, of the members of the
Advisory Committee and the amounts debitable to the account under sub-section
(1); (d)
any other expenditure which the Central
Government directs to be defrayed out of the moneys in the general welfare
account of the Fund. (5)
The Central Government shall publish annually
in the Official Gazette an estimate of receipts into and expenditure from the
general welfare account of the Fund together with a statement of the accounts
and a report of the activities financed during the previous year from the
general welfare account of the Fund, and shall forward copies of such statement
and report to members of the Advisory Committee. (6)
The moneys in the housing account of the Fund
shall be applied by the Housing Board to defray. (a)
the cost of erecting, maintaining and
repairing housing accommodation for labour employed in the coal-mining industry
and of providing services and facilities connected therewith; (b)
the cost of preparing schemes, and of
acquiring any land required, for the purposes referred to in clause (a); (c)
the grant, subject to the previous approval
of the Central Government, to a State Government, a local authority or the
owner, agent or manager of a coal mine of money in aid of any scheme approved
by the Housing Board for the purposes referred to in clauses (a) and (b); (d)
the allowances, if any, of members of the
Housing Board and the amounts debitable to the account under sub-section (1); (e)
any other expenditure which the Central
Government directs to be defrayed out of the moneys in the housing account of
the Fund. (7)
In February of each year the Housing Board
shall submit to the Central Government a statement in the prescribed form of
the estimated receipts into and expenditure from the housing account of the
Fund for the ensuing financial year together with a report of the activities
financed during the previous year from the housing account of the Fund, and may
at any time during the ensuing financial year submit to the Central Government
a supplementary statement and shall forward copies of such statements and
report to members of the Advisory Committee. (8)
The Housing Board shall comply with such
directions as the Central Government may from time to time think fit to give in
respect of expenditure from the housing account of the Fund. (9)
The Housing Board may invest moneys in the
housing account of the Fund in securities of the Government of India or, with
the previous approval of the Central Government, in other securities. (10) The Housing Board shall cause to be maintained such books
of account as may be prescribed and shall prepare in the prescribed manner an
annual statement of the accounts. (11) The Housing Board shall cause the housing account of the
Fund to be audited annually by a person qualified under the provisions of [9][Section
226 of the Companies Act, 1956 (1 of 1956)], to act as an auditor of companies,
and as soon as the said account has been audited the Housing Board shall
forward copies thereof together with copies of the report of the auditor
thereon to the Central Government and to members of the Advisory Committee. (12) The Central Government shall have power to decide whether
any particular expenditure is or is not debitable to the housing account, or
the general welfare account, of the Fund, and its decision shall be final. (13) Before incurring any expenditure from the Fund other than
expenditure of a routine or urgent nature the Central Government or, as the
case may be the Housing Board, shall consult the Advisory Committee. [10][(1) The Central Government shall, by notification in the
Official Gazette, constitute a Coal Mines Labour Housing Board for the
following purposes, namely. (a)
to prepare and carry out, subject to the
previous approval of the Central Government, schemes financed from the housing
account of the Fund for the provision of suitable housing accommodation for
labour employed in the coal mining industry; (b)
to prepare plans and estimates for, and
construct or carry out, such works of erection, maintenance and repair financed
from the general welfare account of the Fund as the Central Government may, by
general or special order, specify; and (c)
to carry out any other functions assigned to
the Housing Board by or under this Act.] (2) ??The
Commissioner shall be the chairman of the Housing Board, and the other members
thereof shall be appointed by the Central Government and shall be of such
number and chosen in such manner as may be prescribed. (3) ??The Housing
Board shall be a body corporate by the name of the Coal Mines Labour Housing
Board, having perpetual succession and a common seal, with power to acquire
property both movable and immovable, and shall by the said name sue and be
sued. (4) ??No act done
by the Housing Board shall be called in question on the ground merely of the
existence of any vacancy in, or defect in the constitution of, the Housing
Board. (1)
The occupation by any person of any housing
accommodation provided out of the housing account of the Fund shall be subject
to compliance by that person at all times with such conditions relating to his
occupation of such accommodation as may be prescribed. (2)
Before any person occupies any such
accommodation he shall be furnished with a copy of the conditions referred to
in sub-section (1), and if he so desires the said conditions shall be read over
to him in a language which he understands; and the Housing Board shall cause to
be published in such manner as it thinks best adapted for informing the persons
concerned any changes which may from time to time be made in the said
conditions. (3)
If, in the opinion of the Housing Board, any
person in occupation of any such accommodation fails or ceases to comply with
any of the conditions referred to in sub-section (1), it may, by notice in
writing, require him to vacate the accommodation on or before such date, not
being less than thirty days after the service of the notice, as may be
specified in the notice; and the occupation of such accommodation by such
person or any dependent of his after the date so specified shall be unlawful,
and such person or dependent may be evicted accordingly by due process of law
from such accommodation. (4)
There shall be payable in respect of the
occupation of any such accommodation as aforesaid rent at such rate as may be
prescribed: Provided
that the Housing Board may remit, subject to compliance at all times with the
conditions referred to in sub-section (1), either the whole or any part of the
prescribed rent: Provided
further that where, in the case of any person who is by virtue of a remission
under the first proviso paying either no rent or a reduced rent, the Housing
Board has reason to believe that such person has contravened any of the said
conditions, it may by notice in writing require such person to pay, with effect
on and after the expiry of seven days from the service of the notice, rent for
the accommodation occupied by him at the full prescribed rate. (5)
All rent payable in respect of the occupation
of such accommodation as aforesaid, whether at the full prescribed rate or at a
lesser rate, shall be recoverable as an arrear of land revenue. (1)
The Central Government shall, by notification
in the Official Gazette, constitute an Advisory Committee, to advise on matters
on which the Central Government or the Housing Board is required by this Act to
consult the Committee and on any other matters arising out of the
administration of this Act which the Central Government may refer to it for
advice. (2)
The members of the Advisory Committee shall
be appointed by the Central Government and shall be of such number and chosen
in such manner as may be prescribed: Provided
that the Advisory Committee shall include an equal number of members
representing Government, the owners of coal mines and workmen employed in the
coal-mining industry, and that at least one member of the Advisory Committee
shall be a woman. (3)
The chairman of the Advisory Committee shall
be an officer of the Central Government appointed by the Central Government. (1)
The Central Government may appoint a Coal
Mines Labour Welfare Commissioner and such number of Inspectors, Welfare
Officers and other staff as it thinks fit to supervise and carry out measures
financed from the Fund. (2)
Any person so appointed shall be deemed to be
a public servant within the meaning of Section 21 of the Indian Penal Code (45
of 1860). (3)
The Commissioner or any Inspector or Welfare
Officer may, with such assistance, if any, as he thinks fit, enter at all
reasonable times any place which he considers it necessary to enter for the
purpose of supervising or carrying out the measures financed from the Fund, and
may do therein anything necessary for the proper discharge of his duties. (1)
The Central Government may, by notification
in the Official Gazette, and subject to the condition of previous publication,
make rules[11] to carry into effect
the purposes of this Act. (2)
Without prejudice to the generality of the
foregoing power, rules made under this section may provide for (i)
the manner in which the duty levied under
sub-section (1) of Section 3 shall be collected, the persons who shall be
liable to make the payments, the making of refunds, remissions and recoveries,
the deduction by collecting agencies of a percentage of the realizations to
cover the cost of collection, and the procedure to be followed in remitting the
proceeds to the Reserve Bank of India; (ii)
the composition of the Housing Board, the
manner in which its members shall be chosen, the term of office of its members,
the allowances if any payable to them and the manner in which the Housing Board
shall conduct its business, including the number of members necessary to form a
quorum at a meeting thereof; (iii)
the books of account to be maintained by the
Housing Board and the form of its financial estimates and statements of
account; (iv)
the composition of the Advisory Committee,
the manner in which its members shall be chosen, the term of office of its
members, the allowances if any payable to them and the manner in which the
Advisory Committee shall conduct its business; (v)
the apportionment between the housing account
and the general welfare account of the Fund of the expenditure on the
administration of the Fund and on the salaries and allowances of the
Commissioner, Inspectors, Welfare Officers and other staff employed for the
purposes of this Act; (vi)
the standard of dispensary service to be
provided by owners of collieries for the purposes of sub-section (2) of Section
5, and the inspection and supervision of the dispensaries and other places at
which such services are provided; (vii)
the application by owners of collieries for
grants-in-aid, the authority to whom and the manner in which such application
shall be made and the particulars to be specified in such applications; (viii)
the manner in which dispensary services may
be provided by the Central Government; (ix)
the conditions governing the grant of money
from the general welfare account of the Fund to a State Government, a local
authority or the owner, agent or manager of a coal mine; (x)
the rate of rent for housing accommodation
provided out of the housing account of the Fund; (xi)
the conditions of service and the duties of
Inspectors, Welfare Officers and other officers appointed to supervise or carry
out measures financed from the Fund; (xii)
the duties and functions of the Commissioner; (xiii)
the furnishing by owners, agents or managers
of coal mines of statistical or other information, and the punishment by fine
not exceeding two hundred rupees of failure to comply with the requirements of
any rules made under this clause; (xiv) any other matter which under this Act is to be or may be
prescribed. [12][(2-A) The power to make rules conferred by this section
shall include the power to give retrospective effect, from a date not earlier
than the date of commencement of this Act, to the rules or any of them but no
retrospective effect shall be given to any rule so as to prejudicially affect
the interests of any person to whom such rule may be applicable.] (3)
[13][Every rule made under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament while it is in session
for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.] (1)
The Coal Mines Labour Welfare Fund Ordinance,
1944, is hereby repealed. (2)
For the avoidance of doubts it is hereby
declared that the provisions of Section 6 of the General Clauses Act, 1897 (10
of 1897), shall apply to the repeal effected by this section. (3)
Any balance remaining in the Fund constituted
under the aforesaid Ordinance shall be credited to the Fund constituted under
this Act, and shall be apportioned between the housing account and the general
welfare account of such Fund in such manner as the Central Government may
determine. [1]
The words ?except the State of Jammu and Kashmir? omitted by Act 51 of 1970,
Section 2 and Schedule (w.e.f. 1-9-1971). [2]
14-6-1947, see Gazette of India, 1947, Part I, p. 838. [3]
Substituted by Act 3 of 1951, Section 3 and Schedule, for ?Part A States and Part
C States?. [4]
Substituted by Act 70 of 1972, Section 2. [5]
For such notifications, see Gazette of India, 1944, Part I, p. 1404 and Gazette
of India, 1947, Part I, p. 838. [6]
For such notification, see Gazette of India, 1947, Part I, p. 1250. [7]
Substituted by Act 70 of 1972, Section 3. [8]
Substituted by Act 70 of 1972, Section 4. [9]
Substituted by Act 70 of 1972, Section 4. [10]
Substituted by Act 28 of 1949, Section 2, for sub-section (1). [11]
The Coal Mines Labour Welfare Fund Rules, 1949. [12]
Inserted by Act 25 of 1981, Section 2. [13]
Inserted by Act 70 of 1972, Section 5.Coal Mines Labour
Welfare Fund Act, 1947