The Coal Mines Provident Fund and Miscellaneous Provisions (Amendment) Third Ordinance, 1996

33004/96 REGISTERED No. DL-33004/96 a:rol"ffi'UT EXTRAORDINARY ~ II-~l PART II-Section 1 w.f~ U Slcfil~ld PUBLISHED BY AUTHORITY "~-q_N?f1rlJffll~~l~~~31WT~~~~'{ffl,ifl~I a.f!! ,paging is given to this Part in order that it may be filed as a separate compilation. ',.;,-;. ·.- -, . - :rvIINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) ,, New Delhi, the 20th June, 1996/Jyaistha 30, 1918 (Saka) }COAL MINES PROVIDENT FUND AND MISCELLANEOUS , ~0\TISIONS (AMENDMENT)THIRD ORDINANCE, 1996 No. 22 OP 1996 _g~ied by the President in the Forty-s~venth Year of the Republic of India. TT.·(?rdinance further to amend the Coal' Mines Provident Fund and t~neous Provisions Act, 1948. • •• • • . • s the, Coal Mines Prov,ident Fund and Miscellaneous Provisions (Amendment) : ~!"~s introduced in Parliament; • . • . . . 1 ; .EA~ for giving effect to the provisions of the said Bill, the Coal Mines Provident rii~Hfllaneous Provisions (Amendment) Ordinance, 1996 was promulgated by ' '.';t?P t_he 5th day of January, 1996; ER~N • · • .. ,,,, . or giving continued effect to the provisions of the said Ordinance, the ¥!dent Fund and Miscellaneous Provisions (Amendment) Second Ordinance, ._.ulgated by the 'President on the 26th day of March, 1996; ~ tbe said Bill has lapsed on the dissolution of the House of the People; Short title and commence­ ment. Amendment Jf long title of Act 46of 1948. Amendment of section 2. Substitution of references to certain expressions by ce11ain other expressions. Substitution of new section for section 3E. Coal Mines Pension Scheme. 2 THE GAZETfE OF INDIA EXTRAORDINARY AND WHEREAS Parliament i~ not in session and the President is satisfied that circurn. exist which render it necessary for him to take immediate action to give continue; to the pr?visions of t~e -~oal Mines Provident Fund and Miscellaneous Provt (Amendment) Second Ordinance, 1996; , Now, THEREFORE, in exercise of the powers conferred by clause (I) of article 123 the Constitution, the President is pleased to prortn.1lgate the following Ordinance:-.. 1. (1) This Ordinance may be called the Coal Mines Provident Fund and Misce]l Provisions (Amendment) Third Ordinance, 1996. . . an (2) jf-i: shall c6 me int_o fqrce on such date as the Central. Gqyernment ma notificatioiJ in the Official Gazette, appoint. • Y, 2. In thelongtitlt: to the c ·oal Mines Prnvident Fund and lvl\sceUaneous Provisi Act, 1948 (hereinafter referred to as the principal. Act), for the words "Family Pe • Scheme", the words "Pension Scheme" shall be substituted. 3. In section 2 of the principal Act,­ (a) clause (ee) shall be omitted; (b) after clause (g), the following clauses shall be inserted, namely :­ '(h) "Pension Fund'~ mc'ans the PeHsio~ Fund established under sub-se ·• (2) of section 3E; (i) "Pension Scheme" means the Coal Mines Pension Scheme fr under sub-section (J) of section 3E; (j) "superannuation", in relation to an employee who is a member<> Pension Scheme, mearis the attainment. by the said employee, of such age fixed in the contract or conditions of service as the age on the attainmJ which such employee shall vacate the employment.' . · 4. In the principal Act, forthe expressions "Family Pension", "Family Pension F? "Farriily Pension Scheme" and "Coa] Mines Family Pension Scheme", wherever they ' the expressions "Pension", "Pension Fund", "Pension Scheme" and "Coal Mines P Scheme" shall respectively be substituted. 5. For section 3E of .the principal Act, lhe following section shall be substi namely:- "3E. (I) The Central Government may, by notification in t_he Official G, frame a scheme to be called the Co,;.! Mines Pension Schemh for_ the purp providing for- (a) superannuation pensi0n, retiring pension or permanent disablement p~nsion to the persons employed in any coal mine or class O mines to which this Act applies; and (b) widow or widower pensio!l, chiMren pension or orphan pensi life assurance benefits, payable to t'1e b:mefi~iaries of such employees, (2) Notwithstanding anything contain~d in sP,ctiOI\ 3, there shall be estab\i as soon as may be after framing of the Pensiort' Scheme, a Pension Fund into. there shall be paid, from time to time, in respect of every employee who is a rn of the Pension Scheme,- • • • (a) such sums; not exceedine one-fourth, of the amount paya~le • Fund under sub-section (1) of section lOD as the employer's contnbU well as the employees' contributin:1, as may be specified in the Pension S ·. • (b) such sums as the Central Government may, after due approP made by Parliament by law in this behalf, specify: (c) the net assets of the Family Pension Fund as existed irnrne before the establishment of the Pension Fund; and .J. THE GAZb'l'lb Ul• lNUlA bX.TKAUK1J1NAKY 3 ~-=-- . . . . (a) any other contnbutwn which may be made to the Pension Fund with the previous approval of the Central Government. (J) On the establishment of the Pension Fund, the Family Pension Scheme . after referred to as the ceased scheme) shall cease to operate, and all assets of (herein d scheme shall vest in, and shall sland transferred to, and all liabilities under the cease f bl . h p . . d scheme shall be en orcea e against, ·t e ens1on Fund and the beneficiaries the ceasle ceased scheme shall be entitled to draw the benefits, not less than the - der t 1e un· r· they were entitled to under the ceased scheme, from the Pension Fund. bene its . _ (4) The Pension Fund shall vest in and be administered by the Board in such . . . as may be specified in the Pension Scheme. manne1 , (.5) Any Scheme framed under the provisions of sub-s~~tion (1) may provide for all or any of the matters spec1f1ed m the Second Schedule .. 6_ For section 4 of the principal Act, the following section shall be substituted, namcly:- "4. For the purposes of the Income-tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth Schedule to that Act.". . 7. In section IO of the principal Act, in sub-section (2B},- (a) for the words and figures "the Code of Criminal Procedure, 1898", the words . and figures "the Code of Criminal Procedure, I 973" shall be substituted; (b) for the word and figures "section 98", the word and figures "section 94" shall be substituted. 8. In section 11 of the principal Act, for the words and figures "section 230 of the Companies Act, 1913", the words and figures "section 530 of the Companies Act, 1956" shall be substituted. 9. For the Second Schedule lo lhc principal Act, the following Schedule shall be substituted, namely:- "THE SECOND SCHEDULE lSee section 3E(5)] MAD'ERS TO BE PROVIDED FOR IN THE COAL MINES PENSION SCHEME J, The employees or class of employees to whom the Coal Mines Pension Scheme and the time within which option to join that scheme shall be exercised by those to whom the said scheme does not apply. 2-The time within which the employees who are not members of the Family Pension section 3E as it stood before the commencement of the Coal Mines Provident Provisions (Amendment) Third Ordinance, 1996 (hereinafter, in referred to as the amending Ordinance) shall opt for the Pension Scheme. 3• The portion of employers' contribution and employees' contribution to the Fund be credited to the Pension Fund and the manner in which it is crldited. The Central Government's contribution and other contributions to the Fund which credited to the Pension Fund and the manner in which it is credited. minimum qualifying service for being eligible for pension and the manner in employees may be granted the benefits of their past service under section 3E as it the commencement of the amending Ordinance. regulation of the period of service for which no contribution is received. ma~ner in which employees' interest will be protected against default in co11tnbut1· b h on Y t e employer. Substitution of new secton for section 4. Fund to be recognised under Act 43 of 1961. Amendment of section JO. Amendment of section 11. Substitution of new Schedule for the Second Schedule. Repeal and saving. 4 THE GAZETTE OF INDIA EXTRAORDINARY . [PART IT--St:c !] -~ 8. The manner in which the accounts of the Pension Fund shall be kept and investrne of moneys belonging to Pension Fund to be made subject to such pattern of investment nt may be determined by the Central Government. as . _ 9. The ~o°:1 i~ which an emplo~ee stiall furnish particulars about himself and the mem_bers of his fam1ly whenever required. 10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme. . 11. The scale of pension and pensionary benefits and ti1e conditions relating to grant of such benefits to the employees, the amount of life assurance p_ayable under the Pension Scheme and the manner of such payment.· • 12. The mode of disbursement of pension and arrangements ta be entered into with such disbursing agencies as may be specified for the purpose. 13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by the Central Government to the Board. 14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee. 15. Any other matter which is to be provided for in the Pension Scheme or Which be necessary or proper for the purpose of implementation of the Pension Scheme.". 10. (I) The Coal Mines Provident Fund and Miscellaneous Provisions (Amendment) Second Ordinance, 1996 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Ordinance so repealed, shall be deemed to have been done of taken under the corresponding provisions of the p1incipalAct, as amended by this Ordinance'. :; K.L .. MOHANPUr - Secy. to the Govt. oj Ind