IRON ORE MINES AND MANGANESE ORE MINES AND CHROME ORE MINES LABOUR WELFARE FUND ACT, 1976

61 of 1976

10 April, 1976

The number of workers in manganese ore mines is substantial and their living condition needs amelioration. Welfare facilities which are at present being enjoyed by workers in mica, coal, iron ore and limestone and dolomite mines industries are proposed to be made available to workers in manganese ore mines also. The Iron Ore Mines Labour Welfare Fund is administered by a well-knit organisation in the States of Bihar, Orissa, Andhra Pradesh, Madhyapradesh, Karnataka, Maharashtra and the Union Territory of Goa, Daman and Diu. Manganese ore which is mostly used in the manufacture of iron and steel, chiefly occurs near the iron ore mines except in the Bhandara district of Maharashra, the Balaghat district of Madhya Pradesh and Srikakulam district of Andhra Pradesh. Since the iron ore occurs in all these three States, it is felt that the existing iron ore mines welfare organisation could, also be entrusted with the task of looking after the welfare of workers in manganese ore mines. In the Barbil-Barajarnda sectors of the States of Orissa and Bihar which contribute over thirty-three per cent of the total manganese ore produced in the country, almost every centre of manganese ore adjoins the iron ore mining area and both the manganese ore miners and the iron ore miners live side by side. A common fund for the welfare of workers in iron ore mines and manganese ore mines will thus considerably reduce the administrative expenditure. It is, therefore, proposed to establish ajoint Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund for providing uniform welfare facilities to the workers employed in the iron ore mines and manganese ore mines. The cess levied on the iron ore and manganese ore under the provisions of the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess Bill, 1976, after deducting therefrom the cost of collection, would be credited to the proposed Fund. 2. The Fund is intended to supplement and not to supplant the efforts of the employers or the State Governments to ameliorating the living conditions of labour engaged in iron ore mines and manganese ore mines. The purposes for which monies from the Fund can be spent have been mentioned in clause 4 of the Bill. 3. It is proposed to administer the Fund in consultation with an Advisory Committee which will be set up in each of the State which produces iron ore or manganese ore power is being taken by the Central Advisory Committee to co-ordinate the activities of the State Advisory Committees and to ensure their effective functioning. 4. The Bill is mainly designed to achieve the above objective.- Gaz. of India, 5-2-1976, Pt. II, S. 2, Ext., p. 576. Amending Act 45 of 1982.- Chrome ore is mined largely in Orissa in belts contiguous to iron ore mines. It also occurs in small proportions in Karnataka, Maharashtra and Andhra Pradesh. It is mostly used in the production of iron and different type of steels. With the increased production of stainless steel in the country and abroad the demand for chrome ore is growing. About 6,000 workers are employed in chrome ore mines and their living conditions need amelioration. Welfare facilities, which are at present being enjoyed by workers in iron ore and manganese ore mines, are proposed to be made available to workers in chrome ore mines also. 2. As the number of workers engaged in chrome ore mines is small, it may not be practicabe to set up a separate welfare fund and to make separate arrangement for the welfare of these workers. It is therefore, proposed to utilise the machinery and arrangements under the Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund Act, 1976, for the purpose of providing for the welfare of the workers in chrome ore mines also. For this purpose, the Fund under this Act, which is at present for the welfare of the workers in iron ore mines and manganese ore mines, is [Vol. 31] 5 A.M. 29 proposed to be converted into ajoint fund for the welfare of the workers in iron ore mines, manganese ore mines and chrome ore mines. The cess on chrome ore under the amendments proposed to be made to the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess Act, 1976 by the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess (Amendment) Bill, 1982, after deducting therefrom the cost of collection and alter due appropriation, would be credited to the said Fund. The said Fund will be utilised for the welfare of persons employed in chrome ore mines in the same manner as in the case of workers in iron ore mines and manganese ore mines. 3. The Bill seeks to achieve the above objects.-Gaz. of India, 11-3-1982, Pt. II, S.

An Act to provide for the financing of activities to promote the welfare of persons employed in the iron ore mines and manganese ore mines. Be it enacted by Parliament in the twenty seventh Year of the Republic of India as follows :-

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

- (1) This Act may be called the Iron Ore Mines1[Manganese Ore Mines and Chrome Ore mines Labour Welfare] Fund Act, 1976.

(2) It extends to the whole of India.

(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States: Provided that the Central Government may, by notification in the Official Gazette, apply in the first instance the provisions of this Act, only to iron ore mines or only to manganese ore mines,3[or only to chrome ore mines] in a State with effect from such date as may be specified in the notification, and if that Government is satisfied that it is necessary or expedient so to do, it may extend this Act to all iron ore mines4[manganese ore mines and chrome ore mines] in that State with effect from such date as may be specified in the notification published in the Official Gazette.

SECTION 02: DEFINITIONS

- In this Act, unless the context otherwise requires,-

(a) "agent" and "owner" have the meanings respectively assigned to them in clauses (c) and (1) of sub-section (1) ofsection 2 of the Mines Act 1952-;5[(aa) "chrome ore" includes ferro chrome];

(b) "contractor" has the meaning assigned to it in clause (c) of sub-section (1) ofsection 2 of the Contract Labour (Regulation and Abolition) Act, 1970-;

(c) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) ofsection 2 of the Factories Act, 1948-;

(d) "Fund" means the Iron Ore Minesb [Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund formed undersection 3;-

(e) "manager" means the manager referred to insection 17 of the Mines Act, 1952-;

(f) "manganese ore" includes ferrogenous manganese ore or ferro-manganese ore;

(g) "metallurgical factory" means- 

(i) a factory in which iron or steel or manganesec [or chrome] is being processed or manufactured;

(ii) any other factory, being a factory in which iron ore or manganese ore8[or chrome ore] is used for any purpose which the Central Government may, by

notification in the Official Gazette, declare to be a metallurgical factory for the purposes of this Act;

(h) a person is said to be employed in an iron ore mine or manganese ore mine9[or chrome ore mine]-

(1) if he is employed within the premises or in the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in any one or more of the following, namely : - 

(i) any iron ore or manganese ore10[or chrome ore] mining operation;

(ii) the operation, servicing, maintenance or repair of any machinery or any part thereof used in or about such mine;

(iii) the loading, unloading or despatch of iron ore or manganese oref [or chrome ore] or any other material connected with the mining of iron ore or manganese ore10[or chrome ore]

(iv) any work in any office, canteen or creche situated within the precincts of such mine;

(v) any welfare, health, sanitary or conservancy services or any watch and

ward duties at any place situated within such premises or vicinity, not being a place occupied by any residential buiding; or

(2) if, in any such area as may be notified by the Central Government in the Official Gazette in this behalf, he is employed by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in the loading, unloading or despatch of iron ore or manganese ore or10 [chrome ore] any other material connected with the mining of iron ore manganese ore10[chrome ore]; 

(i) "prescribed" means prescribed by rules made under this Act.

SECTION 03: IRON ORE MINES AND MANGANESE ORE MINES LABOUR WELFARE FUND

- There shall be formed a Fund, to be called the Iron Ore Mines11[Manganese Ore Mines and chrome ore mines Labour Welfare Fund] and there shall be credited thereto-

(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from and out of the proceeds of duty of customs and duty of excise credited undersection 5-of the Iron Ore Mines11[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976 after deducting therefrom, the cost of collection as determined by Central Government under this Act;

(b) any income from investment of the amount credited under the Act referred to in clause (a) and any other moneys received by the Central Government for the purposes of this Act.

SECTION 04: APPLICATION OF FUND

- The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures which, in the opinion of that Government, are necessary or, expedient to promote the welfare of persons employed in the iron ore mines12[manganese ore mines and chrome ore mines] and in particular-

(a) to defray the cost of measures for the benefit of persons employed in the iron ore mines or manganese ore mines directed towards- 

(i) the provision and improvement of public health and sanitation, the prevention of disease and the provision and improvement of medical facilities;

(ii) the provision and improvement of water supplies and facilities for washing;

( iii) the provision and improvement of educational facilities;

(iv) the provision and improvement of housing and recreational facilities including standards of living, nutrition and amelioration of social conditions;

(v) the provision of transport to and from the place of work;

(b) to grant loan or subsidy to a State Government, a local authority or the owner of an iron ore mine or of a manganese ore mine,13[or of a chrome ore mine] in aid of any scheme approved by the Central Government for any purpose connected with the welfare of persons employed in iron ore mines or manganese ore minesc [or chrome ore mines];

(c) to pay annually grants-in-aid to such of the owners of iron ore mines or manganese ore mines14[or chrome ore mines] who provide to the satisfaction of the Central Government welfare measures of the prescribed standard for the benefit of persons employed in their mines, so, however, that the amount payable as grants-in-aid to such owners shall not exceed- 

(i) the amount spent by them in the provision of welfare measures as determined by the Central Government or any person specified by it in this behalf, or

(ii) such amount as may be prescribed, whichever is less; Provided that no grant-in-aid shall be payable in respect of any welfare measures provided by the owner of an iron ore mine or of a manganese ore minebc[or of a chrome ore mine] where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;

(d) to meet the allowances, if any, of the members of the Advisory Committee and the Central Advisory Committee constituted undersection 5-andsection 6-respectively and the salaries and allowances, if any, of persons appointed undersection 8-;

(e) any other expenditure which the Central Government may direct to be defrayed from the Fund.

SECTION 05: ADVISORY COMMITTEES

- (1) The Central Government may.- 

(a) constiute for each State which produces iron ore or manganese ore15[or chrome ore] an Advisory Committee, or

(b) where16[any two of or all such ores] are produced in a State, constitute, for such State, an Advisory Committee in respect of17["any one of such ores only, or in respect of any two of such ores only, or in respect of all such ores"]; to advice the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.

(2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed : Provided that each Advisory Committee shall include an equal number of members representing Government, the owners of iron ore mines18[, manganese ore mines and chrome ore mines] and the persons employed in the iron ore mines18[, manganese ore mines and chrome ore mines].

(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.

(4) The Central Government shall publish in the Official Gazette the names of the members of every Advisory Committee.

SECTION 06: CENTRAL ADVISORY COMMITTEE

- (1) The Central Government may constitute a Central Advisory Committee to co-ordinate the work of the Advisory Committees constituted undersection 5-and to advise the Central Government on any matter arising out of the administration of this Act.

(2) The Central Advisory Committee shall consist of such number of persons as may be appointed by the Central Government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed : Provided that the Central Advisory Committee shall include an equal number of members representing the Government, the owners of iron ore mines19[manganese or mines and chrome ore mines] and the persons employed in the iron ore mines19[manganese ore mines and chrome ore mines]

(3) The Chairman of the Central Advisory Committee shall be appointed by the Central Government.

(4) The Central Government shall publish in the Official Gazette the names of the members of the Central Advisory Committee.

SECTION 07: POWER TO CO-OPT., ETC

- (1) The Advisory Committee or the Central Advisory Committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee,

(2) A person co-opted, under sub-section (1) shall exercise all the powers and functions of a member under this Act, but shall not be entitled to vote.

(3) The Advisory Committee or the Central Advisory Committee may, if it considers it necessary or expedient so to do invite any person to attend its meeting, and when such person attends any meeting, he shall not be entitled to vote thereat.

SECTION 08: APPOINTMENT OF WELFARE COMMISSIONERS, ETC., AND THEIR POWERS

- (1) The Central Government may appoint as many welfare Commissioners, Welfare Administrators, Inspectors and such other officers and staff as it thinks necessary for the purposes of this Act and the Iron Ore Mines20[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976.

(2) The Central Government may, by general or special order, direct a Welfare Com- missioner to appoint such staff as is considered necessary for the purposes of this Act and the Iron Ore Mines20[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976.

(3) Every person so appointed shall be deemed to be a public servant within the meaning ofsection 21 of the Indian Penal Code-.

(4) Any Welfare Commissioner, Welfare Administrator or Inspector may,- 

(a) with such assistance, if any, as he may think fit, enter at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act;

(b) do within such place anything necessary for the proper discharge of his duties; and

(c) exercise such other powers as may be prescribed.

SECTION 09: POWER OF CENTRAL GOVERNMENT TO EXEMPT

- Notwithstanding anything contained in this Act, if the Central Government is satisfied that there is in force in any State or part thereof a law making adequate provision for the financing of activities to promote the welfare of persons employed in the iron ore mines or manganese ore mines21[or chrome ore mines] it may, by notification in the Official Gazette, direct that all or any of the provisions of this Act shall not apply or shall apply to such State or part thereof subject to such exceptions and modifications as may be specified in the notification.

SECTION 10: ANNUAL REPORT OF ACTIVITIES FINANCED UNDER THE ACT

- The Central Government shall, as soon as may be after the end of each financial year, cause to be published in the Official Gazette a report giving an account of its activities financed under this Act during the previous financial year, together with a statement of accounts.

SECTION 11: POWER TO CALL FOR INFORMATION

- The Central Government may require an occupier of a Metallurgical factory or the owner, agent or manager of an iron ore mine or of a manganese ore mine22[or of a chrome ore mine] to furnish, for the purposes of this Act, such statistical and other information in such form and within such period as may be prescribed.

SECTION 12: POWER TO MAKE RULES

- (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- 

(a) the manner in which the Fund may be applied for the measures specified insection 4-;

(b) the conditions governing the grant of loan or subsidy under clause (b) ofsection 4-;

(c) the standard of welfare measures to be provided by owners of iron ore mines or manganese ore mines23[or chrome ore mines] for the purposes of clause (c) ofsection 4-;

(d) the determination of the amount referred to in sub-clause (ii) of clause (c) ofsection 4-and in the proviso to that clause;

(e) the composition of the Advisory Committees and the Central Advisory Committee constituted undersection 5-andsection 6-respectively, the manner in which the members thereof shall be chosen the term of office of such members, the allowances, if any, payable to them including co-opted members and invitees, and the manner in which the Advisory Committees and the Central Advisory Committee shall conduct their business;

(f) the recruitment, conditions of service and the duties of all persons appointed undersection 8-;

(g) the powers that may be exercised by a Welfare Commissioner, Welfare Administrator or an Inspector undersection 8-;

(h) the furnishing to the Central Government by the occupiers of metallurgical factories and the owners, agents or managers of iron ore mines or of manganese ore mines24[or of chrome ore mines] of such statistical and other information as may be required to be furnished, from time to time, by that Government undersection 11-;

(i) the form in which and the period within which statistical and other information are to be furnished under clause (h);

(j) any other matter which has to be or may be prescribed or provided for, by rules under this Act.

(3) In making any rule under clause (h) or clause (i) of sub-section (2), the Central Government may direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees.

(4) Every rule made under this section 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.

IRON ORE MINES MANGANESE ORE MINES AND CHROME ORE MINES LABOUR WELFARE FUND RULES, 1978

9th August, 1978

Whereas the draft rules proposed to be made under the Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund Act, 1976 (61 of 1976)was published as required by sub-section (1) ofSec. 12of that Act at pages 770 to 799 of the Gazette of India, Part II.Sec. 3, sub-section (i)dated the 5th March. 1977, under the notification of the Government of India in the Ministry of Labour No. G.S.R. 307. dated the 23rd February, 1977, inviting objections or suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date of publication of the said notification In the Official Gazette: And whereas the said Gazette was made available to the public on the 5th March. 1977: And whereas the objections and suggestions received from the public on the said draft have been considered by the Central Government : Now, therefore, in exercise of the powers conferred bySec. 12of the said Act, the Central Government hereby makes the following rules, namely :

RULE 1 SHORT TITLE AND COMMENCEMENT

- (1) These rules may be called the Iron Ore Mines2[Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund Rules, 1978.

(2) They shall come into force on the 1st day of September, 1978.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(1) "Act" means the2Iron Ore Mines [Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund Act, 1976 (61 of 1976);

(2) "Advisory Committee" means an Advisory Committee constituted underSec. 5of the Act :

(3) "Central Advisory Committee" means of a Central Advisory Committee constituted underSec. 6of the Act:

(4) "Chairman" means the Chairman of an Advisory Committee or the Central Advisory Committee, as the case may be :

(5) "Committee" means the Advisory Committee or the Central Advisory Committee:

(6) "Form" means a form in Sch. VI :

(7) "Fund" means the Iron Ore Mines2[Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund formed underSec. 3:

(8) "Member" means a Member of an Advisory Committee or the Central Advisory Committee, as the case may be, and include the Chairman and Vice-Chairman of such Committee:

(9) "Schedule" means a schedule appended to these rules: (10) "Section" means a section of the Act: (11) "treasury" means any Government treasury or sub-treasury:

(12) "Welfare Commissioner" means a Welfare Commissioner appointed underSec. 8.

RULE 3 COMPOSITION OF THE CENTRAL ADVISORY COMMITTEE AND STATE ADVISORY COMMITTEES

- (1)  (a)The Central Advisory Committee shall consist of the following persons to be appointed by the Central Government, namely: 

(i)3[Chairman):

(ii) an officer of the Central Government who shall be the Vice-Chairman, ex-officio:

(iii) All Welfare Commissioners: ex-officio:

5(iv) Three Welfare Commissioners, to be nominated by the Central Government ex officiol;

(v) such number of persons to represent the persons employed in iron ore mines and

manganese ore mines4[and chrome ore mines] as are equal in number to those provided

in sub-clause (iv) to be appointed after consultation with such organisations, if any, of the persons so employed as may be recognised by the Central Government In this behalf :

(vi) a woman, if no women has been appointed under sub-clause (iv) or sub- clause (v).

(b) The Central Government shall appoint one of its officers as the Secretary of the Central Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Central Advisory Committee, but shall not be entitled to vote.

(2)  (a) Each Advisory Committee shall consist of the following persons, to be appointed by the Central Government, namely : 

(i) the Chairman:

(ii)3[Vice-Chairman]

(iii)5[two officers] of the Central Government ex-officio:

(iv) A Member of the Legislative Assembly of the State concerned appointed in consultation with the Government of such State:

(v) two persons to represent the owners of iron ore mines and manganese ore mines3

[Chairman] to be appointed after consultation with such organisations, if any. of the owners of such mines, as may be recognised by the Central Government in this behalf:

(vi) two persons to represent the persons employed in the iron ore mines and manganese

ore mines3[Chairman] to be appointed after consultation with the organisations, if any, of

the persons so employed, as may be recognised by the Central Government In this behalf:

(vii) a woman, if no women has been appointed under sub-clause (u) or sub- clause (vi).

(b) An officer of the Iron Ore6(Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Organisation in the State concerned shall be appointed as the Secretary of the Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Advisory Committee, but shall not be entitled to vote.

RULE 4 TERM OF OFFICE OF MEMBERS

- (1)  (a) A member (other than an ex-officio member) shall, unless he resigns his office, or dies or otherwisevacantsthisofilce at an earlier date, hold office for a period not exceeding three years, as may be specified by the Central Government in each case while making the appointment, from the date of publication in the Official Gazette of the notification appointing him as such member and shall be eligible for re-appointment :Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the Official Gazette.

(b) An ex-ojficio member shall hold oflice during the pleasure of the Central Government.

(2) A member appointed to fill a casual vacancy shall hold office for as long as the member, whose place he fills, would have been entitled to hold office If the vacancy had not occurred.

(3) If a member is unable to attend a meeting of the Central Committee or Advisory Committee, as the case may be, then. in the case of a member appointed under sub-clause (iv) or sub-clause (v) of Cl. (a) of sub-rule (1) ofrule 3or Cl. (a) of sub-rule (2) of that rule, the body which Is represented by him in the Central Advisory Committee or the Advisory Committee, as- the case may be. may. by notice in writing signed on its behalf and by the said member, addressed to the Chairman concerned depule, and In other cases the Central Government may nominate, a substitute in his place to attend the meeting and such deputed or nominated member shall have all the rights of a member in respect of that meeting.

RULE 5 RESIGNATION

- (1) A non-official member other than the Chairman may resign his office by writing under his hand addressed to the Chairman.

(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.

(3) The resignation shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt by the Chairman or. as the case may be. the Central Government, whichever is earlier.

RULE 6 ABSENCE FROM INDIA

- (1) Before a non-official member leaves India he shall intimate to the Chairman the date of his departure from and the date of his expected return to India, and if he intends to be absent from India for a period longer than six months, he shall tender his resignation.

(2) If any such member leaves India without intimation as required under sub-rule (1), he shall be deemed to have resigned with effect from the dale of his departure from India.

RULE 7 VACATION OF OFFICE

-A non-official member shall be deemed to have vacated his office:

(a) if he becomes of unsound mind or is declared insolvent: or

(b) if he is convicted for any offences which, in the opinion of the Central Government, involves moral turpitude: or

(c) if he is absent from three consecutive meetings of the Committee without leave of absence from the Chairman; or

(d) if, in the opinion of the Central Government It is not desirable that he should continue to be a member :

(e) in the case of a member of a Legislative Assembly on his ceasing to be a member of such Legislative Assembly : or

(f) if he ceases to represent the interest for representing which he was appointed.

RULE 8 ALLOWANCES PAYABLE TO MEMBERS

-A non-official member, including a non-official co-opted member or Invitee, shall be entitled to receive travelling allowance and daily allowance as specified In Sch. I in respect of Journeys undertaken In connection with the affairs of the Committee.

RULE 9 DISPOSAL OF BUSINESS

- (1) Every question which the Committee is required to take into consideration shall be considered either at a meeting or. if the Chairman so directs, by sending the necessary papers to every member for opinion: Provided that the papers shall be sent to each member by registered post with acknowledgment due and with the request that the views of the member should reach the office of the Committee within the period specified in the notice ; Provided further that the papers need not be sent to a member who is absent from India.

(2) When a question is referred to a Committee for opinion any member may request that the question be considered at a meeting of the Committee and thereupon the Chairman may, and, if the request is made by three or more members, shall, direct that it be so considered.

(3) If not less than three members of the Committee request the Chairman to refer any matter to the Committee, the Chairman refer that matter to it accordingly.

RULE 10 TIME. PLACE AND DATE OF MEETINGS

-The Committee shall meet at such place and on such date and at such time as may be appointed by the Chairman.

RULE 11 NOTICE OF MEETINGS AND LIST OF BUSINESS

- (1) Notice shall be given to every member present in India of the time and place fixed for each ordinary meeting at least fifteen days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.

(2)  (a) An emergency meeting of the Committee may be called by the Chairman to discuss matters on which a decision has to be taken immediately.

(b) Notice shall be given either by registered post or by telegram or In

person, to every member present in India, of the place, time and date of an

emergency meeting at least four days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.

(3) No business which is not included in the list of business shall be considered at a meeting without the permission of the Chairman.

RULE 12 PRESIDING AT MEETINGS

-The Chairman shall preside at every meeting at which he is present and. in his absence, the Vice-Chairman shall preside.

RULE 13 QUORUM

-No business shall be transacted at a meeting (whether ordinary or emergent) of the Committee unless at least one-third of the total number of members of the Committee having the right to vote are present and at least one of the members so present is the Chairman or the Vice Chairman : Provided that if at any meeting, less than one-third of the total number of members are present the Chairman or, in his absence, the Vice-Chairman may adjourn the meeting to a date not later than seven days from the dale of the meetings informing (he members present and sending registered notice to the other members that he proposes to dispose of lhe business at the adjourned meeting whether there is quorum or not.

RULE 14 RECOMMENDATION BY MAJORITY

- (1) Every question at a meeting of the Committee shall be decided by a majority of votes or the members present and voting on that question, but the minority shall In all cases have the right of requiring their dissent to be noted.

(2) Every question referred to the members for opinion shall, unless the Chairman in pursuance of sub-rule (2) ofrule 9reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members recording opinion within the time specified.

(3) In the case of an equal division of votes or opinion, the Chairman shall have an additional or casting vote whether the matter is considered at a meeting of the Committee or by sending the papers for the opinion of members.

RULE 15 MINUTES OF MEETINGS

-The proceedings of each meeting of the Committee shall be circulated to all members present in India, as soon as may be after the meeting and shall be read out and confirmed at the next meeting of the Committee and signed by the Chairman, or, as the case may be, the Vice- Chairman, presiding at such next meeting and shall (hereafter be recorded in a minute book. which shall be kept for permanent record.

RULE 16 HEADQUARTERS OF THE CENTRAL ADVISORY COMMITTEE OR AN ADVISORY COMMITTEE

-The Headquarters of the Central Advisory Committee shall be in New Delhi and the Headquarters of an Advisory Committee shall be at such place as may be Fixed by (he Central Government.

RULE 17 CHIEF EXECUTIVE OF AN ADVISORY COMMITTEE

- (1) The Welfare Commissioner shall be Chief Executive of an Advisory Committee and exercise the executive functions of (he Advisory Committee on its behalf.

(2) The Secretary of an Advisory Committee shall carry out routine duties and shall exercise such powers and discharge such duties as the Welfare Commissioner, may. with (he approval of the Central Government, delegate to him.

(3) The Welfare Commissioner may authorise the staff of the Advisory Committee to give assistance to any member of the Advisory Committee or of a sub-committee of the Advisory Committee or to any other authority exercising executive or advisory lunclions in connection with the Act.

RULE 18 CONDITIONS OF SERVICE OF PERSONS APPOINTED UNDER SEC. 8

-Persons appointed underSec. 8shall be governed by such rules relating to the terms and conditions of service as are applicable to Central Government servants.

RULE 19 POWER OF WELFARE COMMISSIONER TO INCUR EXPENDITURE

- (1) The Welfare Commissioner shall have power, subject to the provisions in the sanctioned budget, to incur expenditure on administrative staff and welfare schemes : Provided that- 

(i) he shall have no powers to sanction any scheme, if it involves expenditure exceeding Rs. 50.000 non-recurring and Rs. 5,000 recurring in a year : and

(ii) in the case of a new scheme, the approval of the Finance Sub- committee

of (he Advisory Committee concerned shall have to be obtained before it is

sanctioned by (he Welfare Commissioner or any expenditure on it is incurred.

(2) The Welfare Commissioner may sanction, without reference to the Advisory Committe, expenditure on conlingencies, supplies and services and purchases of articles required for (he running of the organisation under him subject to Financial provision in the sanctioned budget and subject to the condition that the expenditure on any single object shall not exceed Rs. 2.000 non-recurring and Rs. 400 recurring.

RULE 20 BUDGET

- (1) The annual budget as prepared by the Welfare Commissioner in consultation with the Finance Sub-Committee shall be considered by the Advisory Committee concerned each year and thereafter a copy of the budget, as approved by the Advisory Committee, shall be forwarded not later than the 1st day of October each year for sanction to the Central Government which may make such alterations therein as it considers necessary before according its sanction.

(2) The budget to be forwarded to the Central Government shall be accompanied by detailed self-contained notes explaining new schemes included therein.

RULE 21 OTHER MATTERS TO BE CONSIDERED BY AN ADVISORY COMMITTEE

- (1) An Advisory Committee shall, besides carrying out its other duties, consider and advise upon any matter arising out of the administration of these rules which may be referred to It by the Central Government or the State Government for advice.

(2) An Advisory Committee may also consider any other matter that may be placed before it by the Welfare Commissioner with the prior permission of the Chairman.

RULE 22 COMMITTEE TO BE INFORMED OF EXPENDITURE

-A memorandum setting forth any grant made of expenditure incurred since the last meeting shall be laid at each meeting of an Advisory Committee.

RULE 23 FINANCE SUB-COMMITTEE

- (1) An Advisory Committee shall elect from among its members two persons of whom one shall be a person to represent owners of the iron ore mines or manganese ore mines or both and the other to represent the persons employed in the iron ore mines or manganese ore mines or both to constitute a Finance Sub-Committee of which the Welfare Commissioner shall be an additional Member and Chairman.

(2) An Advisory Committee may at any time co-opt a person, or persons to the Finance Sub-Committee and any person so co-opted shall exercise all the powers and functions of a Member of the Finance Sub-Commillee, but shall not be entitled to vote and shall not solely by reason or being coopted as a member of the Finance Sub-Committee be a Member of the Advisory Committee.

(3) Notice of every meeting of the Finance Sub-Committee shall be sent to the Chairman of the Advisory Committee who may attend such meeting If he so desires, and if he does so attend, he shall, notwithstanding anything contained in sub-rule (1), preside at the meeting and shall be entitled to vole.

RULE 24 DUTIES OF THE FINANCE SUB-COMMITTEE

-The duties of the Finance Sub- committee shall be to frame schemes of expenditure, to advise on the budget drawn up by the executive of the Advisory Committee and on the accounts of the Advisory Committee and also in regard to all expenditure and to consider all schemes referred to in Cl. (ii) of the proviso torule 19

RULE 25 OTHER SUB-COMMITTEES

-An Advisory Committee may, as and when considered necessary, constitute from among its members as many sub- committees as it may deem necessary for considering and reporting on such matters as may be speciflcally referred to it.

RULE 26 MEETINGS OF SUB-COMMITTEES

-The meetings and proceeding of the Finance Sub-Committee and any other sub-committee which may be constituted underrule 25shall, mutatis mutandis, be governed by the provisions herein contained for regulating the meetings and proceedings of an Advisory Committee.

RULE 27 GRANTS

- (1) In each case in which a grant Is made by or with the approval of the Central Government to a State Government, a local authority or the owner of an Iron ore mine or a manganese ore mines, in aid of any scheme, approved by the Central Government, for the purposes of the Act, the Central Government may impose conditions necessary for ensuring,- 

(a) that the work for which the grant Is made Is duly and promptly executed and the money is actually utilised for the purpose for which it is granted:

(b) that the data on which the grant Is calculated are In accordance with facts:

(c) that any particulars which the Central Government fron time to time require for the proper discharge of its responsibilities are promptly supplied:

(d)that all necessary facilities for inspection are accorded to persons duly authorised by the Central Government for the purpose of satisfying itself that the provisions of Cl. (a) are complied with or for checking the correctness of any particulars supplied under Cl. (c) or for the collection of such particulars :

(e) that proper accounts of the money granted are kept and are submitted for audit by such persons as the Central Government may authorise In this behalf:

(f) that an additional statement of accounts together with a certificate of a Registered Accountant or other recognised body of auditors to the effect that the accounts are correct, is furnished by the grantee : and

(g) that the labour employed on regular basis and that employed on contract basis are given same welfare facilities.

(2) Before making grant to a local authority or to the owner of an iron ore mine or manganese ore mine the Central Government shall require such local authority or owner to execute a bond for the fulfilment of the conditions imposed by the Central Government under sub-rule (1).

(3) It shall be a condition of every bond executed under sub-rule (2) that in the event of the local authority or owner of the mine violating any condition imposed under sub-rule (1) such local authority or owner shall be liable to pay to the Central Government a suih not exceeding the amount paid as grant by way of penalty in addition (o the refund or the entire remaining grant: and where the amount of penalty and the remaining grant-in-aid is huge. payment may be allowed to be made in two or three instalments.

RULE 28 STANDARD OF DISPENSARY AND HOSPITAL SERVICES

- (1) The standard of dispensary or hospital services to be provided by owners of iron ore mines or manganese ore mines for the purpose of getting the grant-in-aid under Cl. (c) ofSec. 4shall be as specified in Sch. 2 or Schedule 3, as the case may be (hereafter In this rule and inrules 29and31referred to as the prescribed standard).

(2) There shall be maintained an independent dispensary or hospital at the site of each Iron ore or manganese ore mine according to the prescribed standard; Provided that a common main dispensary or hospital may be maintained for several Iron ore mines or manganese ore mines with branch dispensaries or hospitals attached to each iron ore mine or manganese ore mine subject to the following conditions, namely: 

(i) the common main dispensary or hospital shall maintain the standards prescribed for the aggregate number of workers of all the iron ore or manganese ore mines served by it or the standard maintained by It during the year, 1975, whichever is higher :

(ii) every branch dispensary or hospital shall have a qualified doctor and a qualified compounder (pharmacist) :

(iii) the common main dispensary or hospital shall be so situated that none of the iron ore or manganese ore mines served by it is more than fifteen kilometres away from it : and

(iv) the common main dispensary or hospital shall maintain an ambulance van for taking serious cases of injury and sickness from the branch dispensary or hospital to the common main dispensary or hospital.

(3) The Welfare Commissioner may, if he is satisfied that any dispensary or hospital is being efficiently run and serves the purpose for which it is established for reasons to be recorded in writing, waive any of the requirements specified In the prescribed standard: Provided that no such dispensary or hospital shall contain any room other than a store room which is less than four metres by three metres in area: provided further that a medical licentiate may be appointed to be in-charge of a dispensary or hospital catering to more than 250 workers only If he has ten years' experience as a medical officer independent charge of a main dispensary.

RULE 29 INSPECTION

-The dispensary or hospital service maintained by owners of iron ore or manganese ore mines shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorised by the Welfare Commissioner for (he purpose or by the Welfare Commissioner himself whenever he considers it necessary and the inspecting officer or the Welfare Commissioner, as the case may be, shall if the dispensary or hospital conforms to the prescribed standard, issue a certificate in Form A which shall be valid for a period of one year from the date of the issue.

RULE 30 SUBMISSION OF PERIODIC RETURNS

-Every owner of an iron ore mine or manganese ore mine7[and chrome ore mines] who maintains a dispensary or hospital seivice according to the prescribed standard shall submit to the Welfare Commissioner :

(i) in January and July of each year a statement showing the total amount of iron ore or manganese ore produced in his mine during the preceding six months, and

(ii) in .January of each year a certified statement of expenditure incurred on the dispensary or hospital during the preceding twelve months.

RULE 31 STANDARD OF MATERNITY CENTRE

- (1) The standard of Maternity Centre to be provided by owners of iron ore mines or manganese ore mines7[and chrome ore mines] for the purpose of getting the grants-in-aid under Cl. (c) ofSec. 4, shall be as specified in Sch. 4 (hereafter in this rule and inrules 32,33, and34referred to as the prescribed standard).

(2) There shall be maintained an independent maternity centre at the site of each iron ore or manganese ore mines7[and chrome ore mines] according to the prescribed standards: Provided that a common main maternity centre may be maintained for several iron ore or manganese ore mines7[and chrome ore mines] with branch maternity centres attached to each iron ore or manganese ore mine7[and chrome ore mines] subject to the following conditions, namely : 

(i) the common main maternity centre shall maintain the prescribed standard for the aggregate number of workers of all the, iron ore or manganese ore mines7[and chrome ore mines] served by it or the standard maintained by it during the year, 1975, whichever is higher :

(ii) every branch maternity centre shall have a qualified doctor and a qualified compounder (pharmacist):

(iii) the common main maternity centre shall be so situated that none of the iron ore or manganese ore mines7[and chrome ore mines] served by it is more than fifteen kilometres away from it ; and

(iv) the common main maternity centre shall maintain an ambulance van for taking serious cases from the branch maternity centres to the common maternity centre.

(3) The Welfare Commissioner, may, if he is satisfied that a maternity centre is being efficiently run and selves the purpose for which it is established, for reasons to be recorded in writing, waive any of the requirements specified in the prescribed standard:Provided that the functions of a lady health visitor may be performed by a fully qualified and registered mid-wife who has not less than ten years' experience as a mid-wife : Provided further that a lady medical licentiate may be appointed to be in-chargeofa maternity centre catering to more than 1000 workers if she has ten years' experience as a medical officer in Independent charge of a mine maternity centre.

RULE 32 INSPECTION

-The maternity centre maintained by owners of iron ore or manganese ore mines9(and chrome ore mines] shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorised by the Welfare Commissioner for the purpose or by the Welfare Commissioner himself whenever he considers it necessary and the Inspecting officer or the Welfare Commissioner as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form B which shall be valid for a period of one year from the date of issue.

RULE 33 SUBMISSION OF PERIODIC RETURNS

-Every owner of an iron ore or a manganese or mine who maintains a maternity centre according to the prescribed standard shall submit to the Welfare Commission in January of each year a certified statement of the expenditure incurred on the maternity centre during the preceding twelve months.

RULE 34 EXTENT OF GRANT-IN-AID

- (1) Every owner of an iron ore mine or a manganese ore mine9[and chrome ore mines] who maintains a dispensary, hospital or a maternity centre for the benefit of labour employed in his mine which conforms to the prescribed standard underrule 28orrule 31, as the case may be, and is subject to inspection underrule 29orrule 32, as the case may be, shall, if he desires to carry on improvement of the facilities existing immediately before the 1st April, 1976, be eligible for grant-in-aid in respect of nonrecurring expenditure on such improvement as the Central Government may decide, subject to the condition that it shall not exceed 50 per cent. of the said expenditure.

(2) Every owner of an iron ore mine or a manganese ore mine who maintains a dispensary, hospital or maternity centre for the benefit of the labour employed in his mine shall, if the Welfare Commissioner is of opinion that the dispensary, hospital or maternity centre conforms to the prescribed standard, be eligible to a grant-in-aid which shall not exceed. 

(i) the amount of duly at the rate of five paise per tonne recovered in respect of iron ore or manganese ore produced by the mine less the proportionate cost of recovery : or

(ii) 75 per cent. of the amount spent by the owner of the mine on the maintenance of the dispensary, hospital or maternity centre as determined by the Welfare Commissioner whichever is less : Provided lhat in the case of a dispensary, hospital or maternity centre which serves other workers and the members of the public, the amount spent by the owner of the mine or the maintenance of the dispensary, hospital or maternity centre service for the purpose of this clause may, if separate expenditure figures are not available, be determined by the chairman on proportionate basis.

RULE 35 STANDARD OF FACILITIES FOR EDUCATION AND RECREATION

- (1) The standard of facilities for education and recreation of workers to be provided by owners of iron ore mines or manganese ore mines for the purpose of getting grants-in-aid under Cl. (c) of.Sec. 4shall be as specified in Sch. V, (hereafter in this rule and inrules 36,37and38referred to as the prescribed standard).

(2) There shall be maintained an independent Welfare Centre at the site of each iron ore mine or manganese ore mine9[and chrome ore mines] according to the prescribed standard.

(3) The Welfare Commissioner may, if he is satisfied that the centre is being efficiently maintained and serves thf purpose for which it is established, forreasons to be recorded in writing, waive any of the requirements specified in the prescribed standard.

RULE 36 INSPECTION

-The welfare centre maintained by owners of iron ore mines or manganese ore mines10(and chrome ore mines] shall be inspected at intervals not exceeding one year by such officer as may be authorised by the Welfare Commissioner for the purpose or by the Welfare Commissioner himself whenever he considers it necessary and the inspecting officer or the Welfare Commissioner, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form C which shall be valid for a period of one year from the date of issue.

RULE 37 SUBMISSION OF PERIODIC RETURNS

-Every owner of an iron ore mine or manganese ore mine10[and chrome ore mines) who maintains a welfare centre according to the prescribed standard shall submit to the Welfare Commissioner,-

(i) immediately on the establishment of the Welfare Centre adequate proof to (he satisfaction of the Welfare Commissioner showing the capital expenditure incurred on the construction and equipment of the Welfare Centre; and

(ii) in January each year a certified statement of the expenditure incurred on the welfare centre during the preceding twelve months : Provided that the statement shall not include expenditure. If any, incurred on repairs and replacements.

RULE 38 EXTENT OF GRANT-IN-AID

-Every owner of an iron ore mine or a manganese ore mine10[and chrome ore mines] who maintains a welfare centre for the benefit of the labour employed in his mine which conforms to the prescribed standard and is subject to inspection underrule 36shall be eligible to a grant-in-aid which shall not exceed 50 per cent. of the amount spent by the owner of the mine in construction and equipment of the welfare centre subject to a maximum of Rs. 10,000.

RULE 39 STATISTICS AND OTHER INFORMATION

- (1) The owner, agent or manager of an iron ore mine or manganese ore mine10[and chrome ore mines) or the occupier of a metallurgical factory, as the case may be, shall, furnish such statistics or other information as the Central Government or any person authorised by that Government may, by written order, require for-the purposes of the Act in Form D and within such time (being not less than thirty days from the date on which the order is served on to the persons concerned) and in such manner as may be specified in the order.

(2) Any owner, agent or manager of an iron ore mine or manganese ore mine10[and chrome ore mines] or the occupier of a metallurgical factory, as the case may be, who. without reasonable excuse, fails to furnish the statistics or other information required under sub-rule (1) or furnishes statistics or other information containing a statement, entry or detail which is not. to the best of his knowledge or belief true shall be punishable with fine which may extend to five hundred rupees.

Footnotes:

1. Substituted by Amendment Act, 1982 (45 of 1982), S. 2 (1-7-1983).

2. For the enforcement of the Act on 1-9-1978, See Gaz. of India, 19-8-1978, Pt. II, S. 3(1), p. 1900.

3. Inserted by S. 3(b)(i).

4. Substituted by S. 3(b)(ii).

5. Inserted by Amendment Act,1982 (45 of 1982), S. 4(a) (1-7-1983).

8. Inserted by Amendment Act,1982, S. 4 (c)(ii).

9. Inserted by Amendment Act,1982, S. 4 (d)(i).

10. Inserted by Amendment Act,1982, S. 4 (d)(ii).

11. Substituted by Amendment Act, 1982 (45 of 1982), S. 5 (1-7-1983).

12. Substituted by Amendment Act, 1982 (45 of 1982), S. 6(a) (1-7-1983).

13. Inserted by Amendment Act,1982 by S. 6 (b) and (d).

14. Inserted by Amendment Act,1982 by S. 6 (c).

15. Words "or chrome ore" inserted by Amendment Act, 1982 (45 of 1982), S. 7(a)(i) (1-7-1983).

16. Certain words substituted by Amendment Act,1982, S. 7(a)(ii).

17. Certain words substituted by Amendment Act,1982, S. 7(a)(ii).

18. The words "and manganese ore mine" wherever they occur substituted by Amendment Act,1982 by S. 7(b).

19. Substituted for the words "and manganese ore mines" by Amendment Act, 1982 (45 of 1982), S. 8 (1-7-1983).

20. Substituted by Amendment Act, 1982 (45 of 1982), S. 9 (1-7-1983).

21. Inserted by Amendment Act 1982 (45 of 1982), S. 10 (not yet enforced).

22. Inserted by Amendment Act, 1982 (45 of 1982), S. 11 (1-7-1983).

23. Words "or chrome mines' inserted by Amendment Act 1982 (45 of 1982), S. 12(a) (1-7-1983).

24. Words "or of chrome ore mines" inserted by Amendment Act,1982, S. 12(b) (1-7-1983).