Ministry of Coal
The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, is a crucial piece of Indian legislation designed to safeguard the welfare of employees in the coal mining sector. This Act provides for the establishment of provident fund, pension, deposit-linked insurance, and bonus schemes. It ensures financial security for employees and their families, addressing the unique challenges associated with the coal mining industry. The Act also details the governance, administration, and enforcement of these schemes.
Act Background and Ministry Under Which This Act Is:
The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, was enacted to address the need for social security and welfare measures for employees working in coal mines. This legislation provides a framework for various financial and social security schemes. Though the act does not explicitly mention a particular ministry it operates under the purview of the Ministry of Labour and Employment in India.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on September 3, 1948. It has a total of 12 sections, along with four schedules, which detail various aspects of the provident fund, pension, insurance and bonus schemes. The main body of the act lays down the framework and provisions for the schemes and defines the terms used in the Act.
Act Governed By:
The Act is governed by its various provisions, which lay down the establishment and administration of various schemes. It provides a framework for establishing various schemes like provident funds, pension schemes, deposit-linked insurance, and bonus plans for coal mine employees. The Act details how these schemes are to be governed, managed and provides regulations on the responsibilities of employers and the Central Government.
On Whom it is Applicable:
The Act applies to all coal mines throughout India, and to every employee working in coal mines, whether directly or indirectly. It also extends to the employers, who are immediate proprietors or lessees or occupiers of the coal mines. It extends to managing agents and contractors as well, who are also responsible for the welfare of employees under the act.
Penalties/Punishments:
The Act specifies penalties for non-compliance. These penalties include:
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Imprisonment for up to six months or a fine up to one thousand rupees, or both for contravention of any provision.
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Enhanced penalties which include imprisonment up to one year or a fine of up to two thousand rupees, or both for repeat offenses within two years of a previous conviction.
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The Act provides for the recovery of monies due from employers.
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It has penalties for default in payment of contributions and outlines the powers of inspectors and the process of inquiry.
Important Pointers:
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Provident Fund Scheme: The Act mandates the establishment of a Provident Fund Scheme for coal mine employees.
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Pension Scheme: It also has a provision for a pension scheme for employees, providing benefits after retirement.
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Insurance Scheme: The Act also provides for a Deposit-linked Insurance Scheme, offering life insurance benefits to employees.
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Bonus Scheme: The legislation mandates the provision of bonus payments to employees in coal mines.
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Board of Trustees: The Act constitutes a Board of Trustees for the administration of these schemes.
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Definitions: The Act includes key definitions for terms such as ‘coal mine’, ’employee’ and ’employer’ to avoid confusion.
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Protection Against Attachment: The Act ensures that the provident fund and other benefits are protected against attachment from debt.
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Priority of Payments: It also provides that the dues to the employees are given priority over other debts.
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Inspectors: The Act authorizes the government to appoint inspectors to enforce the provisions of this Act.
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Power to Delegate: The Act empowers the Central Government to delegate its powers.
Act Copy: