 bill no g oritz: the coal mines (conservation and safety) amendment bill, 1970 a billfurther to amend the coal mines (conservation and safety) act, 1962 bz it enacted by parliament in the twenty-first year of the bepubuc of indja as follows:-1 'nrls act may be called the coal mines (conservation and safety) short title amendment act, 1970 12 of 1911 5 z in the coal mines (conservation and safety) act, 1952 (herein-amidclafter referred to as the principal act), in the l0dit title, for the wordl ment of "safety in", the words "safety in, and development of," shall be iubltf-  title tuted a in section 1 of the principal act, in sub-section (l), for the bracteti  amead-10 and worda "(conservation and safety) ", the brackets and worda if (con-iftedt of servatioft, safety and development)" shall be substjtuted mcuod 1 4 in section 2 of the principal act, for the words "regulation the worcta "rejulation and development or' hall be substituted 01", 5 in section 3 of the principal act,  amedd-(i) for clause <f), the following clause hall be substituted, :::!m~ namely:-- (f) "development fund" mead8 the coal development fund constituted under section 12;'; (it) after clawle (h1j), the following clause shall be inserted, name1y:- · , and , (hha) "safety fund" means the coal mines safety conservation fund constituted under section 12;'  • in section 5 of the principal act,-amendment of lectiond (i) in sub-section (1), after the words "safety in coal mines", the words "or for development of coal mines" shall be inserted; (ti) in sub-section (2), for the words "safety in coal mines", the words "safety in, or development of, coal mines" shall be lubltituted  7 in section 7 of the principal act,-amendment of section 7 (i) in sub-section (1) after the words "safety in coal mines", the words "or for development of coal mines" shall be inserted; (ii) in sub-section (2), after the words "safety in coal mines", the words "or for development of coal mines" shall be inserted 15 8 for section 11 of the principal act, the following section shall be, and shall be deemed always to have been, substituted, namely:-amendment of section 11 payment to the coal board -tl the cedtral government may, in each ftnancial year, pay to the board -  not exceedlng the aggregate of the net proceeds (c1etermlded in such manner u may be prescribed) of the duties of 20 ueiie eo1lected, ander section 8, during the period eommencin, oil the date of commencement of this act and ending on the last day of the preceding flnanclal year, less the aggregate of the amounts a1 ready paid to the boud, under this section, during that period" • in section 12 of the principal act,-25 amendment of section 12 (i) for sub-section (1), the following sub-sections shall be iubstituted, nainely:-" (1) the sum referred to in section 11 and any other money received by the board shall be credited to,-(a) where it relates to safety in coal mines or conser- 30 vation of coal, a fund to be called the coal mines safety and conservation fund, (b) where it relates to the developing of coking coal mines, a fund to be called the coal development fund (la) the safety fund shall be applied by the board, in 35 such manner and subject to such conditions as may be prescribed, to-(4) meeting the expenses in connection with the administration of the board and the furtherance of the objects of this act in 10 far as such objects relate to safety in coal 040 mines or conservation of coal; (b) the grant of stowing materials and other assistance for stowing operations to the owners, agents or madbgej'i of coal mfne8; (c) the execution of stowing and other operations in fur therance of the objects of this act in so far u such objects relate to safety in coal mines or conservation of coal: (d) the prosecution of research work connected with safety in coal mines or conservation and utilisation of coal; , (e) meeting the cost of administering the safety fund and the expenses in connection with advisory committees; 10 (f) the grant to state governments, research organisations, local authorities and owners, agents or managers of coal mines of money in aid of any scheme approved by the central government in furtherance of the objects of this act in so far as such objects relate to safety in coal mines or conservation of coal; (g) any other expenditure which the central government directs to be defrayed out of the safety fund 15 (ib) the development fund shall 'be applied by the board in such manner and subject to such conditions u may be pil"ai-crlbed, to-(a) development of coal mines in a scientiftc mander, :ao (b) meeting the cost of the administration of any scheme for the development of coal mines"; (ii) in sub-section (2), fot the words "aecounts of the li'und", the words "separate accounts in relation to the development fund and the safety fund" shall be substituted 10 in section 17 of the principal act, in sub-section (3~ ,-amenclmentof 2s (i) after clause (a), the following clause shall be inserted, i8ction 17 name1y:-"(aa) the measures to be taken for the development of coal mines;": 30 (if) in clause (f), for the words "coal mines safety and conservation fund", the words "development fund or the safety fund, as the case may be," shall be substituted; (iii) in clause (g), for the word "fund", the words "development fund or the safety fund" shall ~ i\1bstitutf4   statement of objects and reasonsunder the existing coal mines (conservation and safety) act, 1ge2, the coal board can exercise two functions, viz "conservation" and "safety" the development of coal mines, especially those producing coking coal, has assumed importance in view of the searee resources on the one hand and growing needs of the metallurgical industry on the other the coal board, with its knowledge of coal industry, is best suited to discharge this function the bill seeks to amend the coal mines (conservation and safety) act, 1952, toinelude "development of coal mines" also, as an additional function of the coal board new dbllii; jaganatpi rao the 9th april, uno  president's recommendation under article 11' 0" the constitution of india[copy of lette,r no cviii-i0(1)!69-ci, dated the 28th april, 1970 from shri j~anath rao, minister of state in the ministry of petroleum and chemic8ls, and mines and metals to the secretary, lok sabha] the president having been informed of the subject matter of the blll further to amene the coal mines (conservation and safety) act, 1952, recommends introduction of the bill in the·lok sabhaunder clause (1) of iil"t1cle 117 and its consideration under clause (3) of article 117 of the constitution hdse duty @ & 2'44 per tonne of cokiqi coal and 11& 1'68 :: of non-coking cqal raised and despatched from collierie: in :: tzy 1& levied at present under section 8 of the 1"1 __ 1 '11" (con servation and sal ty) a \oahu dounea - fi t in ta e ct, 1952 the collections are credited in the ;: : 7:ce ~ the consolidated fund of inaia an additional excise fr ty 0 paise per tonne is being levied on coking coal with ejpect , am the 14th october, 1968 its proceeds are to be utilised for development of eoal mines payments are being made to the coal l\(iiuji ccmservatfon and' safety fund of the coal board each year from the consolidated fund"of india by parliamentary appropriation which the ~ard utilises for conservation" and "safety" purposes when the bill mes an act, payments wul also be made to the coal deftlopment fund which the coal board will utilise for the purpose of developmer:t of coal mines including the cost of administration of the scheme total payments to the two funds ih each flnancial vear will, boweveraot exeeed the aggregate of the net procepds of the 'duties of excise cojiectecl up to the end of the preceding financial year less the aggregate of the' amounts already paid to the coal board till the pnd ot that financial rear ~ide clause 8 of the bui 2 there is no non-recurring expenditure from the consolidated li'und of indip recurring exppndfture from the consolidated fund of india win be in the form of paymentc; which will he made to the coal board each year from the collection of e'xcf!'le' d\1tv !!ppcfftcal1v levied on coking coal for development purpo!'le a!! such cnnection~ ,rill in the ftrst instance be credited to the comlolidatt>d fund of india col1pctfoa of , levy varies from year to year dependfn~ on the quantfty of e""l raised and despatched the present annual collection work" out to about rr ] l' 25 crares, includin~ about rs ] 25 cro~ relatable to devp-]opmental levy, which may increase to about :ri!, 17 cr01"e!l nnd rs j crores respectively by 19'73-74 the t>xact amount that ma,' bt! paid to the coal board each year on this account cannot be precf!lelv alllmlc!d· but the payment to the two funds wf11 in anv r:!'1e be smb1ect to therestrictions 1~1d down in clau~e 8 of the ~f1l and h, ,,1~0 "ubipcl: tn the-pfi,1famentarv apnrovrl, it is howev"r exnpctpd that on an avera   ueh payments durfn~ th, fourth "tv, vpar plan "",",ory "',,, mu""y bf of the o1"det· of rs 14 c't01"f"" per annum fnc1udfn~ :riii "7~ (!!"oi'ft' relatabl, to development levv ", tn lhlnruance of the ]"p(!ommpndatinns of the admfnfstratiw r@-fonns commission the whole "et un of thp coal bmm f" nniifot l'evf~ and the administrative set up sepal1ltelv for oneratfnp th, cna' neve-10l)1'nent fund in the re-orvanfsed !'ie't un of thp coal rollrdcannot be indfcated precirelv now, tt wfll howpver he' enc:ured that the addlttonal spf: up for this plll"j)olie will be kent to the mfnlmum, havin( re-i!'ard to the need for economv in admlnf!ltratfvf" expenditure tt is estimated that the expenditure ~f the coal board on this act'ount may i'ourhlv lmt of tjw mder of rs l' 50 lakh  ; per annum ~,,,jt 1: ,  memorandum regarding delegated legislationclause 8 of the bill, which seeks to substitute a new section for section 11 of the principal act, empowers the central government to frame rules with regard to the manner in which the net proceeds of the duties of excise collected under section 8 shall be determined clause 9 of the bill seeks to insert new sub-sections (ia) and (ib) in section 12 of the principal act the said sub-sections seek to empower the central government to specify by rules the conditions subject to which the safety fund and the development fund shall be applied by the board the matters with respect to which such rules may be made are matters of detail within the scope of the general provisions of the act· and it is not possible to provide for them in the act the delegation of the legislative power ii, therefore, of a normal character (codiervation and short title and_-tedt extracts from the coal mines (conservation am) sanrr) aer,1952 (12 or 1952) an act to provide for the conservation of coal and make lurther provision for safety in coal mines - - - - - 1 (1) this act may be called the coal mines safety) act, 1952 - - - - - z it is hereby declared that it is expedient in the public intenit that the central government should take under its control the regulation of coal mines to the extent hereinafter provided deelara uoduto expedi ency of codtrol bycedtraloovemment deftd1-tloda' 3 in this act, unieas the context otherwise requil'el,-- - - - - (j) ufund" means the coal mines safety and conaervation fund constituted under section 12; - - - - - 5 (1) the board may, for the purpose of maintenance of fety in i\mctionj coal mines or for conservation of coal, exercise such powers and djj of the charge such duties as may be assigned to it by or under this act board ~l'ti of central govem meot in l'iipict of - tett ill eoalmidel and cod-ift'vat1od of coal (2) the central government may, by general or specjal order, delegate to the board, subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under tbfi act or under any other law for the time being in force u it may deem necessary for e1fectively dealing with problems relating to aatety in eoa1 mines or conservation of coal and matters connected therewith or incldental thereto - - - - - 7 (1) the central government may, for the purpo8e of maintenance of safety in coal mines or for conservation of coal, exercise iuch powel'l and take or cause to be taken all such measures as it may deem necelsary or proper or as may be prescribed (2) without prejudice to the generality of the foregoing power, the central government may, by order in writing addreaed to the owner, agent or manager ot a coal mine, require him to take such me8lur81  it may think necessary for the purpose of maintenance of safety tn coal mines or for conservation of coal, including-(4) in any coal mine, stowing for safety: or (b) without prejudice to any order under clau8e (4), in the cue of any coal mine producing coking coal or produdng coal which on beneficiation is likely to yield coking coal or producing coal 1ultable for blending, stowing for conservation; or payment to the coal board (e) washing of coal with a view to beneficiating and reducing the ash contents of coal and improving its coking qualities  - - - - - 11 the central government may in each ftnancial ye8ll', pay to the board a sum not exceeding the net proceeds (determined in such manner as maybe prescribed) of the duties of excise collected under section 8 during the preceding financial year 12 (1) the sum referred to in section 11 and any other money received by the board shall be credited to a fund to be called the coal mines safety and conservation fund which shall be applied by the board, in such manner and subject to such conditions as may be pres-cii,bed, to-mone'}' received by the board to be credited te the !'undo (a) meeting the expenses in connection, with the administration of the board and the furtherance of the objects of this act; (b) the grant of stowing materials and other assistance for stowing operations to the owners, agentc; or managers of coal mines; (c) the execution of stowing and other operations in furtherance of the objects of this act; (41) the prosecution of research work connected with safety in coal mines or conservation and utilisation of coal; (e) meeting the cost of administering the fund and the expenses in connection with advisory committees; (f) the grant to state government!';, researeh organisations, local authorities and owners, agents or managers of coal mines of money in aid of any scheme approved by the central government in furtherance of the objects of this act; (g) any other expenditure which the central government directs to be defrayed out of the flmd (2) the board shall keep accounts of the fund, and mch accounts shall be examined and audited bv the comptroller and auditor-general of india at such times and in such manner as he deems fit and the report of the comptroller and auditor-general of india shan be laid, as soon as may be, before parliament - - - - - 1'1 (1) - - - - - 'power to mae rut •• (2) without prejudice to the generality of the foregoing power, sueh rules may provide for all or any of the following matters, namely:-- - - - - (f) the manner in which, and the conditions subject to whieh sums at the credit of the coal mines safety and conservation fund may be appued; (g) the form in which the accounts of the fund shall be kept; - - - - - a bnl further to aunend the coal mines (conservation and safety) act, 1952 (siri jilil/iiimh &10 m'" dj st in till miniiiry of p"""" tifitl c""" and miiw tiiid miiala) 