MICA MINES LABOUR WELFARE FUND ACT, 1946

22 of 1946

23rd April, 1946

STATEMENT OF OBJECTS AND REASONS "It is urgently necessary to improve the living and working conditions of the labour employed in the Mica-mining industry. Though the industry is one of great importance to the country, labour conditions are most deplorable and Government are convinced that they must intervene by initiating a scheme-of welfare measures. A member of the Labour Investigating Committee was deputed to study the labour conditions in the mica-mining areas and he has submitted are port making a number of recommendations. These inter aha nclude the working out of a comprehensive welfare scheme designed to improve the standard of living of the workers and to secure them the requisite medical, educational, housing, water-supply and other facilities. The present roposals relate only to the welfare of labour employed in the mines as distinct from factory labour for which the responsibility lies with the rovincial Governments. The mining indusiry has been consulted and there is a general agreement that a cess should be imposed on all exports of mica to finance the welfare scheme. While it may not be possible to find out immediately large sums of money required for the purpose. Government feel that a start in this direction must be made at once by the creation of a Fund by the imposition of an ad valorem duty on all exports of mica. The ill is designed to give effect to these proposals." Gaz.. of India. 1946. Pt. V. p. 257. Amending Act 51 of 1980:-The Mica Mines Labour Welfare Fund Act, 1946 constitutes a fund for the financing of activities to promote the welfare of labour employed in the Mica mining industry.

Section 6of the Act empowers he Central Government to make rules to carry into effect the purposes of the Act. The Act does not require the rules made by the Central Government to be laid before Parliament. 2. The Committee on Subordinate Legislation (Fifth Lok Sabha) in their fourteenth Report desired that the Government should undertake a review of all Acts to find out which of them do not contain a provision for laying of rules tramed thereunder before Parliament and should incorporate such provision in those Acts. The committee on Subordinate Legislation (Sixth Lok Sabha) in their Nineteenth Report further desired that the necessary mending legislation be brought up at an early date. It is proposed to accept these recommendations of the Committees on Subordinate Legislation and make a suitable amendment in the Mica Mines 1. Labour Welfare Fund Act. 1946. The ill seeks to achieve tins object. Gaz of India. 26-3-1980. Pt. II. S. 2. Ext.. p. 324.

An Act to constitute a fund for the financing of activities to promote the welfare of labour employed in the mica mining industry. WHFRFAS it is expedient to constitute a fund for the financing oi activities to promote the welfare of labour employed in the mica mining industry:

This Act has been extended to the new Provinces and merged States by the Merged Stales (Laws) Act. 1949(59 of 1949.section 3(1-1-1950) and to the State of Manipur.Tripura and Vindhya Pradesh by the Union Territories (Laws) Act. 1950 (30 of 1950).section 3(16-4-1950), Manipur and Trpura are Stales now. See Act 81 of 1971.sections 3and 4 (30-12-71). Vindhya Pradesh has merged with the State of Madhya Pradesh See Act 37 of 1956. section 9(l)(e).

SECTION 01: SHORT TITLE AND EXTENT

(1) This Act may be called the Mica Mines 1.ahour Welfare Fund Act. 1946.

(2) It extends to the whole of India2[except the State of Jammu and Kashmir.]

SECTION 02: IMPOSITION AND COLLECTION OF A CESS

(1) With effect from such date as the Central Government may. by notification in the Official Gazette, appoint in this behalf there shall be levied and collected, as a cess for the purposes of this Act, on all mica. in whatever state, exported from3[the territories to which this Act extends] a duty of customs at such rate, not exceeding six and one-quarter per centum ad valorem, as may from time me to time be fixed by the Central Government by notification in. the Official Gazette : Provided that until the 1st day of April. 1947, the rate of duly so fixed4shall not exceed two and one-halt per centum ad valorem.

(2) On the last day of each month or as soon thereafter as may he convenient, there shall be paid to the credit of fund to be called the Mica Mines Labour Well are Fund (hereinafter referred to as Fund) the proceeds of he duty of customs recovered during that month after deduction of the expenses, if any, for collection and recovery.

SECTION 03: MICA MINES LABOUR WELFARE FUND

(1) The Fund shall he applied by the Central Government to meet expenditure incurred in connection with measures in the opinion of the Central Government necessary or expedient to promote the welfare of labour employed in the mica mining industry.

(2) Without prejudice to the generality of sub-section (1), the Fund may be utilised to defray- 

(a) the cost of measures for the benefit of labour employed in the mica mining industry directed towards- 

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

(v) the provision of transport to and from work;5[(vi) the provision of family welfare, including family planning education and services;]

(b) the grant to a State Government, a local authority or the owner, agent or manager of a mica mine, of money in aid of any scheme approved by the Central Government for any purpose for which the Fund may be tilised;

(c) the cost of administering the Fund including the allowances, if any, of members of the Advisory Committees constituted under section 4-, and the salaries and the allowances, if any, of officers appointed under section 5-:

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

(3) The Central Government shall have power to decide whether any particular expenditure is or is not debitable of the Fund and its decision shall be final.

(4) The Central Government shall publish annually in the Official Gazette report of the activities financed from the Fund, together with an estimate of receipts and expenditure of the Fund and a statement of accounts.

SECTION 04: ADVISORY COMMITTEES

(1) The Central Government shall constitute6[as many Advisory Committees as it thinks fit but not exceeding one for each State], to advise the Central Government on any matters arising out of the administration of this Act or the Fund.

(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 by rules made under this. Act : Provided that each Committee shall include an equal number of members representing mica mine owners and workmen employed in the mica mining industry, and that at least one member of each Committee shall be a woman, and at least one member of each Committee shall be a member of the legislature of the State concerned.

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

(4) The Central Government shall publish in the Official Gazelle the names of all members of the Advisory committees.

SECTION 05: APPOINTMENT AND POWERS OF OFFICERS

(1) The Central Government may appoint Inspectors. Welfare Administrators and such other Officers as it thinks necessary to administer the Fund or to supervise or carry out the activities financed from the Fund.

(2) Every Officer so appointed shall be deemed to be a public servant within the meaning of-section 21 of the Indian Penal Code-.

(3) Any Inspector or Welfare Administrator may- 

(a) with such assistance, if any, as he thinks fit, enter at any reasonable time any place which he considers it necessary to enter for the purpose of supervising or carrying out the activities financed from the und, and

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

SECTION 06: POWER TO MAKE RULES

(1) The Central Government may, by notification in the Official Gazette, make rules to carry into effect the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for- 

(a) the making of refunds, remissions and recoveries of the duty of customs imposed by sub-section (1) of section 2.

(b) the composition of the Advisory Committees constituted under section 4, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the Advisory Committees shall conduct their business:

(c) the conditions governing the grant of money from the Fund under lasue (b) of sub-section (2) of section 1;

(d) the form of the estimate and statement referred to in sub-section (4) of section 3:

(e) the conditions of service and the duties of all officers appointed under section 5;

(f) the furnishing by owners or agents or managers of mica mines of statistical or other information, and the punishment by fine of failure to comply with the requirements of any rule made under this clause.

7[(3) Every rule, made by the Central Government 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 ay 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 sesssions 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 f 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.]

MICA MINES LABOUR WELFARE FUND RULES, 1948

In exercise of the powers conferred by Sec. 6 of the Mica Mines Labour Welfare Fund Act, 1946 (XXII of 1946), the Central Government is pleased to make the following rules, namely:

RULE 1 SHORT TITLE AND EXTENT

(1) These rules may be called the Mica Mines Labour Welfare Fund Rules, 1948.

(2) They extend to the whole of India except the State of Jammu and Kashmir.

RULE 2 DEFINITIONS

-In these rules, unless there is anything repugnant in the subject or context,-

(1) "The Act" means the Mica Mines Labour Welfare Fund Act, 1946;

(2) "Advisory Committee" means the Advisory Committee constituted under Sec. 4-of the Act;

(3) "member" means a member of the Advisory Committee present in India.

RULE 3 COMPOSITION OF ADVISORY COMMITTEES

(1) (a) The Committee for the Province of Bihar shall consist of the following members, namely : 

2[(i) The Labour Minister of the State :

(i-a) an officer to be appointed by the Central Government called the Welfare Commissioner;]

(ii) the Mica Controller. Bihar ;

(iii)3[the Regional Labour Commissioner, Government of India, Dhanbad]:

(iv) a member of the Bihar Legislative Council or Assembly nominated by the Central Government on the recommendation of the Government of Bihar:

(v) three persons nominated by the Central Government, in consultation with the association, if any, representing mica mine owners of Bihar ;

(vi) three persons nominated by the Central Government to represent the Interests of workmen employed in the mica-mining industry of Bihar :

(vii) a woman nominated by the Central Government on the recommendation of the Government of Bihar, if no woman has been nominated under C1. (vi) ;

4[(vii) an officer of the Mica Mines Labour Welfare Fund of the State shall be the Secretary].

(b) The5[Labour Minister of the State] shall be the Chairman of the Advisory Committee for the Province of Bihar and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.

(2) (a) The Advisory Committee for the Province of Andhra shall consist of the following members, namely: 

5[(i) the Labour Minister of the State:

(i-a) the Collector of Nellore ]:

(ii) the Chairman of the Zila Parishad, Nellore:

(iii) a member of the Andhra Legislative Council or assembly nominated by the Central Government on the recommendation of the Government of Andhra:

(iv) two persons nominated by the Central Government in consultation with the associations, if any, representing mica mine owners of Andhra:

(v) two persons nominated by the Central Government to represent the interests of workmen employed in the mica-mining Industry of Andhra :

(vi) a woman nominated by the Central Government on the recommendation of the Government of Andhra, if no woman has been nominated under C1, (v) ;

6[(vii) an officer of the Mica Mines Labour Welfare Fund of the State who shall be the Secretary].

(b) The6[Labour Minister of the State] shall be the Chairman of the Advisory Committee for the State of Andhra and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.

(3) (a) The Advisory Committee for the State of Rajasthan shall consist of the following members, namely: 

7[(i) the Labour Minister of the State:

(i-a) the Welfare Commissioner, Mica Mines Labour Welfare Fund, Rajasthan ]:

(ii) one representative of the Central Government :

(iii) a member of the Rajasthan Legislative Assembly nominated by the Central Government on the recommendation of the Government of Rajasthan:

(iv) two persons nominated by the Central Government, in consultation with the associations, if any, representing mica-mine owners of Rajasthan:

(v) two persons nominated by the Central Government to represent the interests of the workmen employed in the mica-mining industry of Rajasthan:

(vi) a woman nominated by the Central Government on the recommendation of the Government of Rajasthan, if no woman has been nominated under Cl. (v) :

6[(vii) an officer of the Mica Mines Labour Welfare Fund of the State who shall be the Secretary].

(b) The7[Labour Minister of the State] shall be the Chairman for the Advisory Committee for the State of Rajasthan and the Vice-Chairman of the Committee shall be appointed by the Central Government from among the other members.

(4) (a) The Advisory Committee for the State of Ajmer shall consist of the following members, namely: 

(i) the Deputy Commissioner, Ajmer ;

(ii) the Labour Officer. Ajmer :

(iii) one representative of the Central Government :

(iv) a member of the Ajmer Legislative Assembly (when It is constituted), nominated by the Central Government on the recommendation of the Government of Ajmer;

(v) two persons nominated by the Central Government, in consultation with the association, if any ,representing mica-mine owners of Ajmer :

(vi) two persons nominated by the Central Government to represent the interests of workmen employed in the mica-mining industry of Ajmer :

(vii) a woman nominated by the Central Government, if no woman has been nominated under Cl. (vi).

(b) The Deputy Commissioner, Ajmer, shall be the Chairman of the Advisory Committee for the State of-Ajmer and the Vice-Chairman of the Committee shall be appointed by the Central Government from among other members.

RULE 4 TERMS OF OFFICE

(1) A nominated member shall, unless he resigns his office or dies at an earlier date, hold office for a period of 3 years from the date of the notification appointing him a member of the Advisory Committee and shall be eligible for renomination : Provided that an outgoing member may continue in office until the appointment of his successor is notified in the Gazette of India.

(2) A member nominated 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.

8[(3) If a nominated member is unable to attend a meeting of the Advisory Committee, the Central Government may nominate or the body which is represented by him may, by notice in writing signed on its behalf and by the said member, addressed to the Chairman of the Committee, depute a substitute In his place to attend that meeting. Such nominated or deputed member shall have all the rights of a member in respect of that meeting].

RULE 5 POWER TO CO-OPT

(1) The 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-rule (1) shall exercise all the powers and functions of a member under these rules, but shall not be entitled to vote.

RULE 6 RESIGNATION

-A non-official nominated member may resign his office by letter addressed to the Chairman.

RULE 7 ABSENCE FROM INDIA

(1) Before a non-official nominated member leaves India,- 

(a) he shall intimate to the Chairman the date of his departure from and date of his expected return to India, or

(b) if he intends to be absent from India for a period longer than six months, he shall tender his resignation.

(2) If any nominated member leaves India without taking action as required by sub-rule (1) he shall be deemed to have resigned with effect from the date of his departure from India.

RULE 8 VACATION OF OFFICE

-A nominated member shall be deemed to have vacated his office-

(a) if he becomes insolvent : or

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

(c) if he is absent from meeting of the Advisory Committee for three consecutive meetings without leave of absence, from the Chairman : or

(d) if, in the opinion of the Central Government, it is undesirable that he should continue to be a member of the Committee.

RULE 9 DISPOSAL OF BUSINESS

(1) Every question which the Advisory Committee is required to take into consideration shall be considered either at a meeting or. if the Chairman so directs, sending the necessary papers to every member for opinion.

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

RULE 10 TIME AND PLACE OF MEETINGS

-The Advisory Committee shall meet at such places and times as may be appointed by the Chairman.

RULE 11 REMUNERATION OF MEMBERS

Each non-official member, including a non- official member co-opted under rule 5-shall be paid an allowance of Rs. 10 for each meeting of the Advisory Committee or Finance Sub-Committee attended by him. subject to maximum of Rs. 30 for any one calendar month and his travelling expenses subject to the condition that they shall not exceed the rates admissible to Central Government servants of the first grade for a journey or tour. Where the journey is performed entirely by road, mileage at the rates admissible to Central Government servants of the first grade shall be paid subject to the condition of furnishing a certificate to the effect that the journey was undertaken by road to avoid loss of time which the journey by rail would have entailed and subject also to the condition that the distance travelled did not exceed 75 miles In a single journey. (Sic.)

RULE 12 NOTICE OF MEETINGS AND LIST OF BUSINESS

(1) Notice of not less than 15 days from the date of posting shall be given to every member of the time and place fixed for each ordinary meeting, and every member shall be furnished with a list of business to be considered at the meeting: Provided that when an emergency meeting is called by the Chairman such notice shall not be necessary.

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

RULE 13 ADVISORY COMMITTEE TO BE INFORMED OF EXPENDITURE

-A memorandum detailing any grants made or expenditure Incurred from the Fund since last meeting shall be laid before each meeting of the Advisory Committee.

RULE 14 OTHER MATTERS TO BE CONSIDERED BY ADVISORY COMMITTEE

 (1) The Advisory Committee shall, besides carrying out its statutory duties, consider and advise upon any matter concerning these rules referred to It by the Central or Provincial Government for advice.

(2) The Advisory Committee shall also consider the budget and any matter that may be laid before It by the Chairman. It shall be obligatory on the Chairman to place before the Advisory Committee any matter at the request of not less than five members.

RULE 15 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 16 QUORUM

-No business shall be transacted at a meeting of the Advisory Committee whether an ordinary or emergency meeting, unless at least three members having the right to vote, are present, of whom the Chairman or Vice- Chairman shall be one: Provided that if at any meeting less than three such members attend, the Chairman may adjourn the meeting to a date not less than seven days later Informing the members present and notifying other members that he proposes to dispose of the business at the adjourned meeting whether there is a quorum or not and it shall thereupon be lawful to dispose of the business at the adjourned meeting irrespective of the number of members attending it.

RULE 17 RECOMMENDATION BY MAJORITY

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

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

(3) In the case of an equal division of votes or opinions, the Chairman shall give an additional vote or opinion.

RULE 18 MINUTES OF MEETINGS

(1) The proceedings of each meeting of the Advisory Committee shall be circulated to all members and thereafter recorded In a minute book, which shall be kept for permanent record.

(2) The record of the proceedings of each meeting shall be signed by the Chairman or Vice-Chairman, as the case may be.

RULE 19 HEADQUARTERS OF THE ADVISORY COMMITTEES

(1) The headquarters of the Advisory Committee for he State of Bihar shall be at such place as may be fixed by the Central Government and of the Advisory Committee for any other State at such places as may be fixed by the State Government concerned

(2) The9[* * *] Vice-Chairman and Secretary of the Advisory Committee shall be the executive of the Committee and exercise the executive functions of the Committee on behalf of the Committee.

RULE 20 STAFF OF THE ADVISORY COMMITTEE

(1) Subject to the budget provision and the provisions of rule 24-, the10 [Vice-Chairman] of each Advisory Committee may fix the scale of establishment and the salaries and allowances and determine other conditions of service of officers and servants employed by him including the security to be taken from them: Provided that the creation of a post carrying a salary exceeding Rs.l00 per month for more than six months and appointment thereto shall require the previous sanction of the Central Government : Provided further that the scales of pay of servants appointed by the10[Vice- Chairman] under this sub-rule shall be In accordance with the scales sanctioned by the Central Government for similar posts.

(2) Persons appointed by the10[Vice-Chairman] and paid from the Fund shall not be deemed to the Government servants notwithstanding that the Central Government may direct that any service rules applicable to Government servants may apply with or without modifications to such persons.

(3) The10[Vice-Chairman] may authorize the technical and secretarial staff to give technical and secretarial assistance to the Finance Sub Committee or to any other authority exercising advisory functions In connexion with the Act or to any person or authority expending grants obtained from the Fund.

RULE 21 FINANCE SUB-COMMITTEE

(1) The Advisory Committee shall elect from among its members four persons, of whom two shall be persons representing mica-mine owners and two representing mica-mine workers, to be a Finance Sub Committee, or which the Vice-Chairman of the Advisory Committee who shall be an additional member shall be the President.

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

(3) Notice of every meeting to 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 In sub-rule (1) preside and shall be entitled to vote.

(4) The meetings and proceedings of the Finance Sub-Committee shall be governed by the provisions herein contained for regulating the meetings and proceedings of the Advisory Committee in so far as the same are applicable thereto.

RULE 22 DUTIES OF THE FINANCE SUB-COMMITTEE

-The duties of the Finance Subcommittee shall be to frame schemes of expenditure, to advise on the budget drawn up by the Executive of the Advisory Committee and also In regard to all expenditure debitable to the Fund and to consider all schemes referred to in proviso (ii) to rule 24-

RULE 23 BUDGET

(1) The annual budget of the Fund as prepared by the Executive of the Committee shall be considered by the Advisory Committee for each year. The budget as approved by the Advisory Committee, shall be submitted (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 suitable: Provided that the Advisory Committee of a State other than the State of Bihar shall submit its budget to the Central Government through the State Government

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

RULE 24 SCHEMES OF EXPENDITURE

(1) The sanction of the Central Government to the budget shall, if no specific mention Is made to the contrary, be deemed to include sanction to expenditure on all the schemes included in the budget.

(2) The11[Vice-Chairman] shall have power, subject to the provisions in the sanctioned budget, to incur expenditure on administrative staff and welfare schemes: Provided- 

(i) that he shall have no power to sanction any scheme not included in the budget and involving a non-recurring expenditure exceeding Rs.12[20,000] or a recurring cost exceeding Rs.12[2,500] a year, and

(ii) that any new scheme within these limits shall require the approval of the Finance Sub-Committee before any expenditure on it is incurred.

RULE 25 DISTRIBUTION OF CESS

(1) The proceeds of the cess available for distribution shall be distributed by the Central Government among mica producing areas in proportion to their production or in such manner as may be decided in consultation with the Governments of those areas.

RULE 26 CREDIT TO THE FUND

(1) The total amount of cess collected shall, after deduction of percentage towards the cost of collection as the Central Government fix by notification in the Official Gazette, be credited to the Government revenues as soon as possible after the close of the year by such officer as the Central Government may appoint in this

(2) An amount equivalent to the amount of cess credited to the Revenue under sub-rule (1) shall be transferred to the Fund in a account under the Central Government.

RULE 27 REFUND AND RECOVERY OF CESS

-Refund of cess erroneously levied or paid and recovery of cess short levied or erroneously refunded, shall be made In accordance with the provisions of the Sea Customs Act, 1878 (VIII of 1878)and the rules made thereunder relating to refund, remission and recovery of customs duties under that Act so far as the same may be applicable.

RULE 28 CONDITIONS OF GRANT TO THE GOVERNMENT OF MADRAS

(1) The Central Government shall furnish the Government of (any State other than State of Bihar), not later than the 1st day of July, each year with an estimate of the proceeds of the cess likely to be made available for expenditure during the following financial year in the State. The Government of such State shall inform the Advisory Committee accordingly

(2) The Government of such State shall forward to the Central Government the budget submitted by the Advisory Committee not later than the 1st day of October, each year. The Central Government may sanction the budget with or without modifications.

(3) The Central Government may give general or specific directions to the Government of such State for ensuring co-ordination and uniformity in the preparation of welfare schemes and for proper administration thereof.

RULE 29 STATEMENT OF ACCOUNTS

-The accounts of the Fund shall be maintained and audited in such manner and by such officers as may be approved by the Central Government.

RULE 30 STATISTICAL AND OTHER INFORMATION TO BE FURNISHED

(1) The owner, agent or manager of a mica-mine shall furnish such statistics or other information, as the Central Government or any other person authorized by the Central Government in writing in this behalf may, by written order require for the purpose of the Act. in such form or manner and within such time as may be specified in the order

(2) Any owner, agent or manager of a mica-mine who without reasonable excuse fails to furnish the statistical or other information as required under sub-rule (1) of furnish statistical 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.

MICA MINES LABOUR WELFARE OFFICE ESTABLISHMENT (CONTRIBUTORY PROVIDENT FUND) RULES, 1950

In exercise of the powers conferred by Sec. 6 of the Mica Mines Labour Welfare Fund Act, 1946 (XXII of 1946), the Central Government is pleased to make the following rules, namely:

RULE 1 SHORT TITLE

(1) These rules may be called theMica Mines Labour Welfare Office Establishment (Contributory Provident Fund) Rules, 1950.

(2) They shall be deemed to have come into force with effect from the 1st April, 1950.

RULE 2 DEFINITIONS

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

(i) "Accounts Officer" means in relation to Ajmer, the Accountant- General of Central Revenues and in relation to other States, the Accountant-General of the respective States.

(ii) "Controlling Officer" means In relation to Bihar, the Welfare Commissioner, Mica Mines Labour Welfare Fund, Dhanbad, and in relation to other States, the Chairman of the Mica Mines Labour Welfare Fund Advisory Committee for the respective States.

(iii) "Emoluments" means pay, leave salary or subsistence grant, as defined In the Fundamental Rules, and includes- 

(a) any wages paid from the Welfare Fund to employees not remunerated by fixed monthly pay; and

(b) any remuneration of the nature of pay received in respect of foreign service (i. e. service rendered with any other employer with the permission of the Controlling Officer).

(lv) "Employee" means any person holding an appointment, the emoluments of which are paid from the Welfare Fund.

(v) "Family" means- 

(a) In the case of male subscriber, the wife. or wives and children of the subscriber, and the widow, or widows and children of a deceased son of the subscriber: Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which she belongs to be entitled to maintenance, she shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently indicates by express notification In writing to the Accounts Officer through the Controlling Officer that she shall continue to be so regarded;

(b) in the case of a female subscriber, the husband and children of the subscriber, and the widow or widows and children of a deceased son of the subscriber: Provided that if a subscriber by notification In writing to the Accounts Officer through the Controlling Officer, expresses her desire to exclude her from her family, the husband shall thenceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him.

(vi) "Provident Fund" means the Mica Mines Labour Welfare Office Establishment Contributory Provident Fund.

(vii) "Subscriber" means any employee of the Welfare Fund admitted to the Provident Fund.

(viii) "Welfare Fund" means the Mica Mines Labour Welfare Fund constituted under the Mica Mines Labour Welfare Fund Act, 1949.

(ix) "Year" means, a financial year.

RULE 3 CONSTITUTION AND MANAGEMENT OF THE PROVIDENT FUND

-The Provident Fund shall be administered by the Controlling Officer and shall be maintained by the Accounts Officer in rupees in India.

RULE 4

These rules shall apply to every employee holding a permanent and non pensionable post in a substantive capacity: Provided that a person appointed on probation to a permanent post or appointed to officiate in a post which is vacant or the permanent incumbent of which does not draw any part of the pay or count service may. If he is confirmed without Interruption, be allowed to Join the Provident Fund with retrospective effect from the date of his Joining the service: Provided further that an employee in temporary service may also be admitted to the Provident Fund, with the written consent of the Controlling Officer, with retrospective effect from the date he Joined the service, if he has been employed in connexion with the Fund for not less than a year and is in the opinion of the Controlling Officer likely to remain so employed for at least another two years.

RULE 5 NOMINATION

(1) A subscriber shall, as soon as may be after Joining the Provident Fund, send to the Accounts Officer through the Controlling Officer a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the Provident Fund In the event of his death before that amount has become payable, or having become payable has not been paid: Provided that If, at the time of making the nomination, the subscriber has a family, the nomination shall not be In favour of any person or persons other than the members of his family.

(2) If a subscriber nominates more than one person under sub-rule (i), he shall specify In the nomination the amount or share payable to each nominee In such manner as to cover the whole of the amount that may stand to his credit in the fund at any time.

(3) Every nominati on shall be In such one of the forms set forth In the First Schedule as is appropriate in the circumstances.

(4) A subscriber may at any time cancel a nomination by sending a notice in writing to the Accounts Officer through the Controlling Officer: Provided that the subscriber shall along with such notice send a fresh nomination made in accordance with the provisions of this rule.

(5) A subscriber may provide in a nomination- 

(a) in respect of any specified nominee that In the event of his predeceasing the subscriber, the right conferred upon that nominee shall pass to such other person as may be specified in the nomination:

(b) that the nomination shall become invalid In the event of the happening of a contingency specified therein: Provided that if at the time of making the nomination the subscriber has no family, he shall provide In the nomination that it shall become invalid in the event of his subsequently acquiring a family.

(6) Immediately on the death of a nominee in respect of whom no special provision has been made In the nomination under C1.(9) of sub-rule (5) or on the occurrence of any event by reason of which the nomination becomes Invalid in pursuance of Cl. (b) of sub-rule (5) or the proviso thereto, the subscriber shall send to the Accounts Officer through the Controlling Officer a notice in writing cancelling the nominations together with a fresh nomination made in accordance with the provisions of this rule

(7) Every nomination made, and every notice of cancellation given by a subscriber shall, to the extent that it is valid, take effect on the date on which it is received by the Accounts Officer through the Controlling Officer.

RULE 6 SUBSCRIBER'S ACCOUNT

-An account shall be prepared in the name of each subscriber and maintained by the Accounts Officer in the form set forth In the Second Schedule appended to these rules. The Accounts Officer shall issue to each subscriber an annual statement of account in the form set forth in the Third Schedule appended to these rules.

RULE 7 CONDITIONS AND RATE OF SUBSCRIPTIONS

(1) A subscriber shall subscribe monthly to the Provident Fund when on duty or on foreign service.

(2) A subscriber may, at his election, not subscribe during leave.

(3) The subscriber shall intimate his election not to subscribe during leave by a written communication to the Accounts Officer through the Controlling Officer before he proceeds on leave.

(4) Failure to make due and timely intimation shall be deemed to constitute an election to subscribe.

(5) The election of a subscriber intimated under this rule shall be final. A subscriber shall not subscribe to the Provident Fund on extraordinary leave without pay or under suspension. He shall, however, on return from a period of such leave without pay or on reinstatement after a period passed under suspension, be allowed the option to subscribe for that period, at the discretion of the Controlling Officer. The amount of subscription to be paid shall also be determined by the Controlling Officer, the general principle to be observed being that the subscription should be calculated on half the emoluments drawn by the employee before he proceeded on leave without pay or was placed under suspension

RULE 8

(1) The amount of subscription shall be fixed by the subscriber himself subject to the following conditions: 

(a) It shall be expressed in whole rupees: Provided that if the emoluments of

the subscriber do not exceed fifty rupees a month, the amount may be any multiple of a half-rupee:

(b) it may be any sum so expressed at a rate not exceeding 12 per cent. (i. e. two anna in the rupee) and not less than 6¬ per cent. (i.e. one anna in the rupee) of his monthly emoluments: Provided that in the case of an employee who under the rules is allowed to join the Provident Fund with retrospective effect, such monthly subscription shall not be less than ten per cent. of his pay until all arrears of such subscriptions are paid up in full. In the case of a person already subscribing at a rate higher than ten per cent. of his pay (he amount paid in excess of 6 per cent. of his pay shall be adjusted against the recovery of his arrears.

(2) For the purpose of sub-rule (1) the emoluments of a subscriber shall be - 

(a) in the case of a subscriber who was on duty on the 31st March of the preceding year, (he emoluments to which he was entitled on that date:

(b) in the case of a subscriber admitted to the Provident Fund on a subsequent date the emoluments to which he was entitled on such subsequent date:

(c) in the case of a subscriber who was on deputation out of India on the said date or was on leave on the said date and continues to be on leave and has elected to subscribe during such leave, the emoluments to which he would have been entitled had he been on duty, and

(d) in the case of a subscriber who was on leave on the said date and elected not to subscribe during such leave or was under suspension on the said date the emoluments to which he was entitled on the first day after his return to duty.

(3) The subscriber shall intimate the fixation of the amount of his monthly subscription for each year on the basis of his emoluments and rate permissible as provided in sub-rule (2). The amount so fixed shall remain unchanged throughout the year: Provided that if a subscriber is on duty for a part of a month and on leave for the remainder of that month, and If he has elected not to subscribe during leave, the amount of the subscription shall be proportionate to the number of days spent on duty in the month: Provided further that if a subscriber is permitted to subscribe for the period of leave without pay or for the period spent under suspension, the amount of subscription shall be determined as provided in sub-rule (6) of rule 7-.

RULE 9 REALIZATION OF SUBSCRIPTION

(1) When the emoluments are drawn on the establishment pay bills, recovery of subscription to and the principal and interest of advances granted from the Provident Fund shall be made by deduction from the pay bills

(2) When the emoluments are drawn otherwise, the subscriber shall forward his dues monthly to the Accounts Officer.

RULE 10 CONTRIBUTION BY THE WELFARE FUND

(1) The Controlling Officer shall make yearly a contribution to the account of each subscriber from the Welfare Fund: Provided that if a subscriber quits service or dies during the course of a year, proportionate contribution shall be credited to his account for the period between the close of the preceding year and the date of his retirement or death, as the case may be.

(2) The rate of contribution made by the Controlling Officer shall be 6 ¬percent. (l/16th) of the subscriber's emoluments drawn during the year during which he subscribed to the Fund: Provided that in case of an employee who is allowed to join the Provident Fund with retrospective effect such contribution shall not be higher than the rate at which the subscriber himself subscribes to the Fund. during the period of recovery of arrears of subscription: Provided further that for the period of leave during which he elected to subscribe, the emoluments would mean the emoluments to which he would have been entitled, had he been on duty, and for the period of leave without pay and for the period spent under suspension for which he was permitted to subscribe under sub-rule (6) of rule 7-, the emoluments would mean the emoluments as determined by the Controlling Officer under the said rule.

(3) The amount of contribution shall be rounded off to the nearest whole rupee (eight anna counting as the next higher rupee).

RULE 11 INTEREST

(1) The Controlling Officer shall pay to the credit of the account of a subscriber, interest, at such rate as the Central Government may from time to time prescribe for the payment of interest on a subscriber's accumulations In the Provident Fund.

(2) In addition to any amount to be paid under rule 17-interest thereon up to the end of the month preceding that in which payment is made, or up to the end of the sixth month after the month in which such amount became payable, whichever of these periods be less. shall be payable to the persons to whom such amount is to be paid provided that no interest shall be paid in respect of any period after the date which the Accounts Officer has intimated to that person (or his agent) as the date on which is prepared to make payment in cash, or If he pays by cheque, after the date on which the cheque in that person's favour is put in the post.

(3) Interest shall be credited with effect from the 31st March of each year In the following manner: 

(i) On the amount at the credit of a subscriber on the 31st March of the preceding year, less any sums withdrawn during the current year- Interest for twelve months;

(ii) on sums withdrawn during the current year-Interest from the 1st April of the current year up to the last day of the month preceding the month of withdrawal:

(iii) on all sums credited to the subscriber's account after the 31st March of the preceding year-Interest from the date of deposit up to the 31st March of current year;

(iv) the total amount of Interest shall be rounded to the nearest rupee In the manner provided in sub-rule (3) of rule 10-: Provided that when the amount standing at the credit of a subscriber has become payable. Interest shall thereupon be credited under this sub-rule In respect only of the period from the beginning of the current year or from the date of deposit, as the case may be, up to the date on which the amount standing at the credit of the subscriber became payable.

RULE 12 ADVANCE

-When the pecuniary circumstances of a subscriber are such that indulgence is absolutely necessary, a temporary recoverable advance may, at the discretion of the Controlling Officer, be granted to a subscriber out of the amount standing to his credit In the Provident Fund. on the conditions that-

(i) the advance required to pay expenses on behalf of a subscriber or his family on any of the following: 

(a) prolonged illness or medical attention:

(b) overseas passage for reasons of health or education;

(c) marriage, funerals or ceremonies which by his religion it is incumbent upon the subscriber to perform:

(d) education outside India, whether for an academic, technical, professional or vacational course:

(e) medical, engineering and other technical or specialized courses in India beyond the High School stage, provided that the course of study is not less than three years;

(ii) the advance is expressed In whole rupees and shall not, except for special reasons, exceed three months' pay of the subscriber and shall, in no case. exceed the amount of subscriptions and interest thereon standing to his credit in the Provident Fund:

(iii) a written request is made to Controlling Officer showing reason for the request: Provided that if the reason is of a confidential nature, it may be communicated to the Controlling Officer personally or confidentially.

RULE 13

Any advance shall be recovered from the subscriber In such number of equal monthly Instalments as the Controlling Officer may direct but the number shall not be less than 12 unless the subscriber so elects or in any case more than 24, the amount of advance being raised or reduced. If necessary, to admit of the fixation of such Instalments. The instalments shall be expressed in whole rupee and recovered from the subscriber's salary In the manner indicated Inrule 9- Recovery shall commence on the first occasion after the advance is made on which the subscriber draws emoluments, other than leave salary or subsistence grant, for a full month.

RULE 14

After the principal of the advance has been fully repaid. Interest thereon shall be recovered in one Instalment at the rate of 1/5 per cent. of the principal for each month or broken portion of a month during the period between the drawal and complete repayment of the principal: Provided that when the advance Is distributed to be recovered In more than 19 Instalments, the interest may be recovered in two Instalments.

RULE 15 DEDUCTIONS

Subject to the conditions that no deductions may be made which reduce the credit by more than the amount of any contribution by the Controlling Officer with interest thereon credited under rules 10-and11-, before the amount standing to the credit of a subscriber In the Provident Fund is paid out of the Fund. the Controlling Officer may direct the deductions therefrom and payment to the Welfare Fund of-

(a) any amount, if a subscriber has been dismissed from the service for grave misconduct: Provided that. If the order of dismissal is subsequently cancelled, the amount so deducted shall, on his reinstatement in the service, be replaced at his credit in the Provident Fund:

(b) any amount, if a subscriber resigns his employment under the Welfare Fund within five years of commencement of service thereof otherwise than by reasons of superannuation or a declaration by competent medical authority that he is unfit for further service:

(c) any amount due under a liability incurred by the subscriber to the Welfare Fund.

RULE 16 FINAL WITHDRAWAL OF ACCUMULATIONS IN THE PROVIDENT FUND

-The amount standing to the credit of a subscriber shall become payable at the time of quitting service or the death of the subscriber in the manner provided by these rules.

RULE 17

The total accumulations in the account of a subscriber subject to any deductions under rule 15-shall be paid as follows:

(i) to the subscriber on his ceasing to be an employee;

(ii) In the event of the death of the subscriber and to having made a nomination In accordance with these rules, to the nominee or nominees, and in the event of such nominee or nominees pre-deceasing the subscriber, to the alternate nominee or nominees. In the manner indicated in the declaration form: or

(iii) In the event of the death of the subscriber without having made a nomination In accordance with these rules or whose nominee or nominees or alternate nominee or nominees has/have not survived the subscriber, to the members of his family in equal shares: Provided that no share shall be payable to- 

(a) sons who have attained legal majority;

(b) sons of a deceased son who have attained legal majority;

(c) married daughters whose husbands are alive:

(d) married daughters of a deceased son whose husbands are alive, if there is any member of the family other than those specified In C1s. (a), (b), and (d): Provided also that the widow or widows, and the child or children of a deceased son shall receive between them in equal parts only the share which that son would have received If he had survived the subscriber and had been exempted from the provisions of Cl. (a) of the proviso.

Footnotes:

2. Substituled for the words "except Part B Stales by the Part B States (Laws) Act. 1951 (3 of 1951). section 3 and Schedule (1-4-1951).

3. Substituted for the words "Part A Slates and Fart C States" by the Part B States (Laws) Act. 1951 (3 of 1951), Section 1, and Schedule (1-4-1951).

4. Rate fixed is two and one-half per cent. ad valorem with effect from 1-4-1950 SeeGaz.of India. 1950.Pt. I, Section 1. page 393.

6. Substituted for the words "two Advisory Committees, one for the State of Madras and one for the State of Bihar" by the Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Schedule (1-4-1951).

7. Inserted by the Mica Mines Labour Welfare Fund (Amendment) Act, 1980 (51 of 1980), S. 2 (3-12-1980).