 ::-, -  - bui no m of ll1i the coal mineslabourwelfare fund bill, 1965 arrangement of clauses chapter i prejivinary clausu1 short title, extent and commencement 2 definitions' :  < ~ , chapi'er ii  tid coal mines labour well'au i'und trust3 eltabllahment of coal mines ibour welfare fund trust " management - 5 board of trustees 6 dtaqualiftcation for office of trustee 7 removal and resignation of trusteea 8 meetings of board 9 offtcers and other employees of trust 10 functions of trust 11 constitution of standing committee 12 powers of standing committee 13 :member of board or of standing committee not to take part ill ~ easel 1"- supeneuion of board and standing committee  chapter hi finabcjlac_cottnts_~ aud~15 imposition and collection of duty 16 payr,nent ot proceeds of the duty to trust 17 constitution of fund 18 expenditure from fund u provisions regarding housing accommodation 20 submiujon of programme of activities and financial estimates 21 accounts and audit 22 annual report 23 financial estimatle, audited accounts and llbilual report to be placed before parliament  chapter iv ,  miscellaneous clausa24 power of central government to give directions 25 vacancies, etc, not to invalidate' acts or proceedings of board, etc 28 powers of ofileers 27 protecti()iw of action' taken under thi  act 28 exemption from income-tax - 29 power to make rules 30 power of trust to make regulation; 31 repeals and savings  bill,-to, ,- ,ong i:ot'&iouc:lcjte ·the law telating io ,he ji:nancing of ~ltqr tp"'li'matin9 the welfate of labout employed if& the coalo-tri"iftg li~1r1i -  ,bz it ~ac~,r):ay ,parll __ ment,in the sixteenth year of the republic cdidcua •• fq\!ow8: -  , it chapter i  ;pipaj'minuys 1 (/) this act maybe called the coal mines labour welfare short fund act,l965 :!~t '  ~) lit, ~tds to th~ ~hole c!f ln~a except the state of jammu ide! com-'(1 ~srunir ,   mane  :  ,,:  ,  ment  (3) it ~:caql~~o'r~ol:c;e od s~ch aate as the central govern- it) ment may, by noti8cation in the omelal gazette, appoint  ojlwldl tm&~ in this act, ~eii the context otherwise requirel,-____ (:io::ci:l)_·-=·b:::oard~ tt meansjhe--boarcloltruatees constituted under section i5j (b) "commissioner" means the coal mines labour welfare cojdjdiu1oner appointed under section 9j 5 (e) "fund" means the coal mine labour houllng and general welfare fund codltituted under hction 17; (d) "prescribed" means prescribed by rules made under wi act; (e) "standing committee" means the standing committee 10 constituted under section 11; (i) "trust" means the coal mines labour welfare fund trust established under section 3; (g) "trustee" means a trustee appointed or nominated under lection 5; 15 (h) "year" means the financial year  chapter ii r tm: coal minbs labour wbli'arj: fund trust3 (1) the central government shall, by notification in the oftlcial gazette and with effect from auch date s may be 8peci8ed 20 therein, establish for the purposes of' this act a corporation kdowd as the coal mines labour welfare fund trust establish mmtof coal i4laei labour welfare j'und trust (2) the trust shall be a body corporate with the name afo~d, having perpetual succession and a common aeal with power;lritbject to the pr'c?visions of this ad, to acquire, hold and dispose of property 25 and to contract and may, by that name, sue and be iued  (3) 'j:he head oibce of the trust shall be at dbadbad(,r atosuch oother place as the central government may, by notification in the oftlcial gazette, specify (4) the trust may establish local ofllces, branches or agencies at 30 other places in india ~ kua,e 4 the general luperintendence, direction and m,anagement of  the a1!airs and business of the trust shall vest in a board of ~eea which may exercise all such powers and do all such act an~ thin  as may be exercised or done by the trust unci- this act 0 35  oj! s (1) the board of trustees shall consist of the following trus- board of tees, ~~ely:--~ , (4) the minister for labour in the central government, ezotfi,cio, who shall be the chairman; " (b) an oftlcial of the ministry of the central government dealing with labour and employment, appointed by the central ,government, who shall be the vice-chairman; (c) an official of the ministry of the central government dealing with finance, appointed by the central government; 10 (d) four other officials appointed by the central government to represent that government and such of the stab! governments as the central government may specify; (e) six persons representing employers to be nominattti by the central government in consultation with such organil8tiona 15, of employers as may be recognised for the purpose by that government; (i) six persons representing employees to be nominated by the central government in consultation with such organisations of employees as'may be specified by that government; - (g) a woman nominated' by the central government jf no woman has been nominated undelt clause (1); (h) two mining engineers to be nominated by the central government to represent mine managers (2) the term of ofiice of, and the manner of mud casual vean· 25 des amoac, the trustees of the tru9t, other than the chainnad, uui dae otlier terms and conditions of appomtment or nomination·oi meh trustees (ineludml al'owadces payable fol" atltendin meetiap of the -board or the standin committee) shall be such u"ftlay he prelc1'ibed '-, i a person shall be disqualified for being appointed or nominated dijqua1~ -30 all, and for being, a trusteeftcatian foro&e of tr'uitee (a) jf he is an omcer or other employee of the trust; or (b) if he is, or at any time bas been, adjudicated insolvent" or bas suspended payment of his debts or has compounded with his creditors; or ~  (c) if he is of unsound mind and stands 10 declared by - competent court; or - (d) if he is or has been convicted- of any offence which, in the - opinion of the central government, involves moral turpitude 7 (1) the central government ,may remove from office any ~ trusteewh~  removal idcl h- {lilation of tnlatees(a) is or has become subject to any of the disqualifications mentioned in section 6; or (b) is absent without leave of the board of trustees from three consecutive meeti~gs thereof without cause sutbcient;~fn 10 the opinion of the board, to exonerate his absence; or (c) ceases to represent the interest to represent which he was nominated meetins of board (2) a trustee may resign his oftlce by giving notice thereof in wi'!ting to the central government and on such resignation bem, 15 :; accept-ed, he shall be deemed to have vacated -his olice 8 (1) the board shall meet at such times and places and shall observe such rules of procedure in regard' to the transaction of business at its meetings (including the quorum at meetings) u mar 1te pr~vided by regulations made by the trust u~der this act act (2) the chairman of, the board or, if for--any reason he -is -unabl  to attend any meeting, the vice-chairman thereof shall preside at the meeting (3) all questions which come up before any meeting of the board shall be decided by a majority of votes of the trustees present and:&$ 'voting and, in the event of an equality of votes, the chairman or, in his absence, the vice-chairman shall have and exercise a second or casting vote oftlcers -9 (1) the central government shau, after consultation with •• ~-and other udi0ll ptlblic service codvdissioll, appoint a ~n -flo ,be ·the coal 30 employees mines labour weuare- commissioner who shall be the chief ez~ of trust cdbcer of ~e trust and shall- be subject to t1ae l'8ilenl coatrol  1 ':"' • : ""'-, , r - - superintendence of the board ,(2) the central government may, ,after consultationw'ith the union public service commission, abo appoint as many otherolleen ·a5 whose maximum monthly salary is not less than one thousand ru,, as it may consider necessary to assist ,the commissioner in the dis charge of his duties (3) subject to such ,rules as may be made by the central govern-,ment in this behalf, the trust may appoint such -other oftleen ad fo employees as it considers necessary for the eflieiedt,pedonnadee el its fudeftons ,(4) th metbod of appointment, the conditions of service and t~ scales of pay of the officers and  other employees of the trust ___________ ib_all~,--________________________ _ (4) as respect the commissioner, and the other omcers re-s ferred to in sub-section (2), be such as may be prescribed; (b)' as respects the other oftlcers and employees, be such as may be determined by regulations made by the trust under this act: provided that all od1cers and other employees appointed under 32 of 18471 10 the coal mines labour fund act, 197, and holdwg;oftice immediately ,before the date referred to in sub-6ection (1) of section 3 shall be deemed to have been appointed as officers and employees of the trust with effect from that date and every such officer~and employee shall  ;,~, hold'hib oftlce by the same tenure, at the same remuneration and upon j'" ! js the same terms and conditions and the same rights anq privileges al ';,  :, ~ to pension, leave, provident fund and other matters as he would have ; • " ~ , held the same if this act had not been passed, and shall contintw to do 80 unless and until his employment is terminated or until such teure, remuneration and terms ond conditions are altered by the 20,trust with the approval of the central government:  ,proided further that such" tenure, remuneratiov 'and terms and conditions of sel'vice shall not be' altered to the disadvan tage of' any luch officer' or employee  "~o­of~ 10: (1) it shall be the duty of the trust to promote, under the 25 general direction and control of the central government, the welfare of labour employed in the coal  mining industry by such measures as it thinks fit , (2} without prejudice to the generality of the provisions of sublection (1), the measures referred to therein may relate to-(i) the improvemen~ of public health andpnitation, the prevention: of disease, the provision of medical facilities and the improvement of existing medical facilities, including the pro- vision and maintenance of dispensary services in collieries the ownerl of which do not receive grants-in-aid under section 18; (ii)' the provision of water supplies, and facilities for washing, and the improvement of existing supplies and facilities;  's(iii)' th provision and improvement of educational fac11itla; , (i!')  the improvement of standards of lmng, includinl nutrition, amelioration of social conditions and the provision of ------ recreational facilities; (!') the provision of transport to and from work (!'i) the erection, maintenance and repair of housing 5 a~mmodation for labour employed in the coal-mining induatry and the provision of services and facilities connected therewith;  (!'ii) the preparation of schemes and acquisition of land for the purposes referred to in clause (!'i); (!'iii) such other matters as may be prescribed 11 (1) a standing committee shall be constituted from among the members of the board consisting of-€outitutioaol btaudin, committee (a) the vice-chairman of the board, who shall be the chairman; (b) the trustee referred to in clause (c) of sub-section (1) 15 of section 5; ,  (c) any two of ~hft trustees referred to in claue (d) of subsection (1) of section 5, appointed by the central government; (d) three trustees each, from among the trustees referred to in clause (e) and clause (i) of sub-section (1) of section 5,20 nominated by the central government  ~ (2) the standing committee shall meet at such times and places and shau observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided -by regulations made by the trust in this behalf ~5 12 (1) subject to the general control, superintendence and direction of the board, the standing committee shall administer the aifairs of the trust and may exercise any of the powers and perform any of the functions of the trust  powers ot standinc committee (2) the standing committee shall submit for the: consideration 30 and decision of the board all such cases and matters as may be specitied in the regulations made by the trust in this behalf (3) the standing committee may, in its discretion, submit an)t other case or matter for the decision of the board 11 a member of the board of the s~dlnl committee who ihmimr of 1w ad1' ~ or lndlreet pec~ary interest in any matter ~ "ip boud 01' -~~~~  tlod • t  a meetmgof the ~oard ~ the ·stand1~1 co~- : s: rnt~ee  slwl, as loon as possible after relevant circumatance have mitt , co~, to his knowledge, disclose the nature of the interest at such dot to m~tfng and the disclosure shall be recorded in the minutes of the take part board or, u the ease may be, of the standing committee, ~ th~ in cii'taid upon the member shall not take any part in any deliberation of the cami  board or the standing committee with respeet to that matter , 10 h (1) if, in the opinion of the central government, the board::-:--or the stindtng committee penistently makes default in performinl bou'cl the duties imposed on it by or under this act or abules ita pow~r8, 8n4 _ tpatgo",mment mey, by notification in the ofticialgazette, super- stand,,,, ~18de ~1il board, or in the case of the standing committee, aupenede cammlt-1$ in consultation with the board, the standing committee: tee provided that, before issuing the notification under this 8ub-sec-tiqll,the central government shall give a reasonable opportunity to the board or the standing cominittee, as the case may be, to ihow cauae why, it should not be superseded and shall coriliderthe expla  ~ p,tiollb ,end objections, if any, of the board or the standing com  mittee, as' tqe cue may be   i (2) upon the publication of a notiscatiod' under ub-section (1) iuperseding the board or the standing committee, au the memben of the board or the standing co~ittee, as the case may be, ihall, a, as from the date of such publication, be deemed to have vacated their ofllces (3) when the standing committee has been superseded; a new standing committee shall be immediately constituted in accordance with lecticm 11   30 ,(4) wj&en the board has been superseded, the central govern- -ment may-(cz) immediately reconstitute the board in· accordance with aection 5 and may constitute a new standin, co~ttee under aection 11; is (b) in its dilcretion, appoint such agency, forsucm period u it may think fit, to exercise the powen and perform the functions of the board and • uch agency shall be competent to exercfle all  , ui ~w'en and perform all the functions of the board , (5) the central government shall cause a full report of ad1 , ;, t  ~ t ~ - ; ~ action taken under this section and tj!e_ circumstances leading to, such action to be laid before parliament at th9 earliest opportunity and in any case not later than four months from the date of the notifica· tion supel'8fi!ding the board or the standini committee, u the ~ue , ma1 b : - chapterm  fmalfcl:, accotnn's and a"odl'1', 'lmposttton addeo!-lectionof dut7 1 15 (1) there shall be levied and collected as a eel! fc'r t)e pur 'poses of this'"1tct 'a duty of excfae on all coal and coke despatched from 10 collieries in the territori9s to which this act extends at such rate ,dot lesa than twenty-flve plise and not more than fttty pa!e-per todlle, ,u may ,from time to time be fixed ~y the central government by notification in the oftlcial gazette: provided that 'the ce~tral government may, by notification in the i, • ,qm~~ gazet~e ~empt from liability to the duty any ,apecljled class or clus93 of coal or coke (2) the duty levied under sub-section (1) shall, subject to and 'in accordance with rules made in this bebalf, be collected by such agencies and in uch manner as may be prescribed 20 payment 18 • the proceeds of the duty levied under sectioil 15 shall flnt be of pro-, credited to ~e consoudated fund of india and the central govn"d-eeeds th d oft ment may, ifparuamen t by appropriatiod made by law in this bebalf e u y  to truat ~, p~yides, pay to the trust, such proceeds, after dcductiq the expenses of collection, for beine utilised for the purposes of tbj act 2s ccmstitu tlon of "unci 17 ,(i) there shall be constituted by the trust a fund to be called the coal mines labour housing and general welfare fund , (2j the fund shall be apportioned wider two sepuate accounts to be called the housing account of the fund and the general weuare account of th«t fund in- such manner as the central government 30 may, from ume to time, by notification in the officlal gazette determine: provided that there shall at all times be eredited-(0) to the housing account of the fund not lell than eight p~~, and !~ (b) to' the general welfare account of the fund not more than twenty-eight paise, ottt of the duty couec:ted under th1s act on every tonne of coal or ~' __ i it _ •• , l  i (3) tb~ aha11 allo be credit!d to the general welfare account of the fund any other mone, received by the trust towards iuch ~t, ----~~r_----- ·(4) 11lere ihau also be credited to the houiin, aceount of the $ fund- , ! i', 'a) ad,  nb made thereto " the central govemjdeat· ·altl' due appropriation made y parhament b, isw in this waaif; (b) rents, if any, realised from housinl accod1lqodation con-10 itructed out of such account; (c) any other moneys received by the trust towards the ~; , housing account - 18 (i) the cost of admfnistering the fund and the saj"~  ~nd bxpaaclj - - ~qwan~, if any, of the commissioner and other oftlcen and staff ture trom 1$ appointed to supervise or carry out the measures ftnanced from the fwul fund shall be defrayed out of the fund and shall be apportioned b~~e~~ and ~ebited to the hous~g account anti the general wel- ~e account in such manner as may be prescribed (z) the trust may, out of the general welfare account of the ao fund, pay annually ~ants-in-aid to such of the colliery owners al m~fntain to the satisfaction of the commfscjloner dispensary services of the prescrlbed'itandardfor the beneftt of labour employed in their coilferie!, so however that the altl0unt payable as grant-in-aid to the owner of a colliery shall not exceeda$ (i) the amount of the duty rt the rate rtf foul" paise per ton~e recov~red in resoect of coal or crke d4!spatched from the colliery less the proportionate cost of recovery, or (il) the amount anent by the owner of the colliery in the maintenance of the dispensary service as determined by the 30 commissioner, whichever ii less: provided that where a colltery owner has, in th'e o~h,lon of the commimoner, mqfntafned dtpt)~nb"ry s~rvfce of a standartl hf~her than the prescribed standard for the benefit of labcur emploved in 3s his colliery, then, the rate of the duty referred to in clause (0 may extend up to six paise per tonne: provided further that no nant-ln-ajd shall be payable in re!1)ect of dispensary service maintained bv the owner of a collierv ff the amount spent thereon as determined by the commissioner is less than 40 rupees eighty per mensem (3) the balance of the moneys in the general welfare account of ,~1:1' f:1md ·lhau be ""lied by the boat"dto meet !xl)f!ndftute fn~ curred in codd~tiod with ~ 1vhlcjs ~ in the opldiod of the  board 'll~ or expedient to promote the welfare of labourempl~,ed in the coal-mtnin, industry   , (4) without pre;tudicrto-the-generauty-or-u});;aect!od --(3)-;-1:iutm6bey& 'in the general welfare' account of the fund may be ut1l1hd to defray-'" , (ei) the colt of 'measures for the benefit of labour employed in the coal-mining industry undertaken in pursuance of the pr0-visions of clau~ (i) to (v) of sub-section (2) of aectiolt 19; (b) the' grant to a state' government, a local authority or the owner, agent or manager of a co8i mine of money in -aid of 10 any scheme approved by the trust for any purppae for which moneys in the general ", elfare account of the fund may be utilihc:l; (c) the allowances, if any, of the members of the board and the st'andihg committee;, is (d) any other expenditure which the trust directs to be defrayed out of the moneys in the general welfare aecountof the fund ' (5) the moneys in, the housing account of the fund shall be, appued by the board to defray-30 (4), the cost of measures for the benefit of labour ,mployecl inthe coal-mining iddustry undertaken in purawmce of the provisions of clauses (vi) and {vii) of sub-section (2) of sec  tion 10; (b) 'the' grant to' a state government, a local 'authority-'or 25 the owner, agent or manager of a coal mine of 'moneyin aid, of 'any aeheme approved by the trust for any purpose for which mcmeysin'the housing account of the fund may be utilised; (c) any other expenditure which the trust directs to be defr~ed out of the moneys in the ho~g aceount of the 30 fund (6) the board may invest moneys in the fund in securifles of the gov'enirrient of india or, with- the previous awroval of the central government, in other securities (1) the board will have power to decide whether any particular 35 expenditure is or is not debitable to the housing account or to the general welfare account of the fund provisions 19 (1) the occupation by any person of any housing accommodarel~ tion pro~ded out of the housing account of the fund shan be iubboulina jed to compuance by that person at a~l times with such conditiodi 4 ~o- relatin«' to his occupation of such accommodation- u may be prea-4a ou cribed by regulations made by the trust in this be~lf ' (il ~ore iidy penon oecuptes any iuch' accommodation, he aha1l be furnlahed with a copy of the conditions referred to in sub-aect1on '(1), and if halo, delirea,-the-l8iclcondltions~tbened qyel'_tojum _" __ in a language which he understandb; and the board 'shall cause to be , ppbuihed in such manner u it thinks beet adapted for informljll the pez:ioqi ccmcemed 'any changes which may, from time to time, be made in the said conditions (a) hj in the opinion of the board, any person in occupation 01 any  auch accommodation falla or ceases to comply with any of the 10 c!odditions referred to in sub-section (1), it may, by notice in writidg nciuke him to vacate the accommodation on or before such date, dot being ~ess than thirty days after the senice of the dotice, u may  be specified in the notice; and the occupation qf such accommodation by such penon or any dependent of his after the date so sp8clfted i, shan be unlawful, and such person or dependent may be evicted accordingly by due process of law from such accommodation (4) there shan be ~ayable in respect of the occupation of any i11cb accommodation as aforesaid rent at such rate u may be pres-cribed by regulations made by the trust in this behalf 20 provided that the board may reinlt, subject to comphance at all times with the conditiodii -referred to in sub-seciion (1), either the whole or any part of such rent: provided further that where, in the case of any person who is by ~ue of  remission under the first proviso paying either do rent or 2, a reduced rent the board has reason to believe that such person haa contravened any of the said conditions, it may by notice in writing require such person to pay, with effect on and after the expiry of seven days fro~ the service of'the notice, rent for the accommodation occupied by him at the full prescribed rate 30 (5) all rent payable in respect of the occupation of th~ accommodation as aforesaid, nether at the full prescribed rate or at a lesser rate, shall be recoverable as an arrear of land revenue zoo (1) the trust shall, before the commencement of each y-r, prepare a statement of programme of its activities during the forth-subml" 35 coming year u well as a ftnancial estimate in respect thereof ii_ of ---pro (2) th~ statement and the ftnancial estimate prepared under sub- ii'8jddie section (1) shall, not less than three months before the commence- of actlvl mentol each year, be submitted for approval to the central ti= government ett1mate (!) the statement and the financial estimate of the trust mal' •  !'lth the  approval of the central government be reviled by the trust (4) no sum shall be expended by or on behalf of the trust ud-less the expenditure is covered by a specific provision in the financial s estimate approved by the central government' account and audit zi (1) the trust shall maintain proper accounts and other relevant records and prepare the statement of accounts including the proftt and loss account and the balance-sheet in such form as may be ' prescribed by the central government in consultatiodwith the 10 comptroller and auditor general of india   (2) the accounts of the trust shall be audited by the comptroller and auditor general of india at such intervals as may be prescribed by him and any expenditure incurred in connections with such audit shall be payable by the trust to the comptroller and auditor general 1$ (3) the comptroller and auditor general of india and any person appointed by him in connection with the audit of the accounts of the trust shall have the same rights and prlvileges and authority in ~onnection with such audit as the comptroller and auditor general  has in connection with audit of government accounts and in parti- 20 cular, shall have the right to d~mand the production of books, accounts, connected vouchers and other documents and papers and inspect any of the oftlces of the trusl (4) the accounts of the trust as certified by the comptroller and auditor general of india or any other person appointed by him in 25 this behalf together with the audit report thereon shall be forwarded annually to the central government annual report zz the trust shall submit to the central government ad annual report of its work and activities 23 the annual report, the audited accounts of the fund and the 30 financial estimate as approved by the central government shall be placed before parliament and published in the ofbcial gazette financial estimate audited account and annual report to be placed before parlla-~  chapter iv miscalalool1iie the central govemment may a:ve directions to the trust u power at to the c&rryinl into execution of this act and the trust shall comply central 5 with uch directiodl govern-  mentto live ciirec- tiodl 25 (1) no act or proceeding of the trust or the standing com- vcancl  mittee shall be invalid by reason only of the existence of any vacancy etc, dot to in, or any defect in the constitution of, the board or the standini invalldate c mmitt  ,"0· acts or o e e - -  - proceed-10 (2)n~ act done by any person acting in good faith as a member idji of of the board or of the standing committee ,shall be deemed to be doucf, inv~d by reason only 01 his disqualification for being appointed as, etc ~r for being a member of such, board or the standing committee 28 (1) any person appoin~ed under ection 9 shall be deemed to powers of 15 be a public servant within the lqeaning of iection 21 of the indian oftlcen o of 18eo penal code (2) the commissioner or any officer authorised by him in this behalf may, with such assistance if any as he thinks fit, enter at all reasonable times any place which he considers it necessary to enter 20 for the  purpose of supervising or carrying out the measures ftnanceti from the fund and may do therein anything necessary for the proper discharge of his duties  27 no suit or other legal proceeding shall lie ag~t the trust or protectloa any member of the boarel or the standing committee or any officer of action 25 or other employee of the trust or any other person authorised by the taken trust or the board or the standing committee or the commissioner =~ to discharge any functions under this act for any loss or damage' caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act a 011881 30 28 notwithstanding anything contained in the income-tax act, exemp 1961 or in any other enactment for the time-being in force relating to tion hom h in ft - th income income-tax: or any ot er tax on come, pro ts or gams, e tru3t tax shall not be liable to pay income-tax or any other tax in respect of any incoj;lle, profits or gains derived by it from any lource 35 %i (1) the central government may, by notiftoation in the power to official gazette, and subject to the condition of previous publication, mulste r  make rules to carry into effect the purposes of this act (2) without prejudice to the generality of the foregoing power, rules made under this section may' provide for-' "-" (rt  •• - 40   (i) the manner in 'which the duty levied under 1ub-tec-tion (l) of section 15 shall be collected, the penona who hall be _--=i1=a1:ale to make the payments the making of ~di, ""'tutons and recoftries and the deduction of a percental of the reaurationa to cover the cost of collection; (ii) the term of office of, and the manner of flu in, casual - vacancies amodg, the trustees, the allowances, if any, payable to them and the other terms and conditions of their appointment or domination; <iii) the form of the annual stat8jj!l8dt of accounts and the balance-aheet to be prepared by the trust; 10 (it7) the apportionment between the housing account and the general welfare account of the fund of the expenditure on the adminiwtration of the fund and on the salaries and al1aances of ·commiutoner and other oftlcera and employ  of the trultj (t7) the standard of dispensary service to be provided by 1$ owners of collieries under suh-section (2) of section 18 and the inspection and iuperviaion of the dispensaries and other places at which such -mcea are provided; (t7i) the application by owners of collieries for granta-inaid, the authority to whom and the ~er in which such app11- 20 cations shall be made and the particulars to· be spee11led in iuclt applicatiod8; (t7ii) the madner in which dispensary aervice may be pr0-vided by the ~t; (wi) the conditions governing the grant of money from the 2$ gederalwelfare account and the housing account of the fund to a state government, a local authority or the owner, agent or manager of a coal mine; (iz) the methods of appointment, the conditions of service, the scales of pay and the duties and functions of the commis- jo sioder and the other offtcera referred to in mb-section (2) of sectiod 9; (z) the furnishing ,by owners, agems or managers of coal mines of statistical or other infonnation, and the punishment by 11m not exceeding two hundred rupeei for failure to comply with 3s the requirements of any rulea made under this clause; (%i) any other matter which is to be or may be "prescribed or provided for by rules ~der this act (3) every rule made by the central government under thii section aball be laid as loon as ·may be after it is made, before each' ~ house of paruament while it 18 in aeaslon for a total period of tbirtj' daja wblch may be oomprilecl 1d od·  od or 1d two· iucflift lelaiona, and if before the expiry of the session in which it is 80 laid oj' the _ion immediately following, both hou&el agree in ~m~a~jd~n,i, __ ~_ any modiflcatlon in the rule or both housei-igree that·the rule should not be made, the rule shall thereafter have eftect onl1 in such modified 5 form or be of no effect, as the case may be; 10, however, that any , 8uch· modiflcatlon or annulment shall be without prejudice to the' validity of anything previously done under that rule 30 (j) the trust may, with the pr6vioul aanatlon of the central power of goveniment, by notification in the o1bclal gazette, make regulations ::: 10 not inconsistent with this act and the rules made thereunder, to pro- rtculavide· for all the matters lor which provision is neceaary or expedimt tioai for the purpose of giving effect to the provisions of this ac~ (2) without prejudice to the generality of the foregoing power, such regulations may provide for-(a) the methods of recruitment, the conditions of service, the bcales of pay and the duties and conduct of the oftlcem and em':' ployees of the trust, other than the commissioner and the 011-cers referred to in sub-section (2) of section 9;  (b) the financial and administrative powers of the board, the standing committee, the commissioner and other oftlceraof the trust; - (c) the tiines and places at which the meetings of the board and the standing committee' shan be held and the procedure to be followed thereat; (d) the conditions relating to occupation of housing accommodation provided out of the housing account of the fund and the rate of rent for such accommodation; (e) generally, the eftlclent conduct of the affairs of tbit  trust   30 (3) the central government may, by notiflcation in the ofbclal gazette, rescind any regulation wliich it has sanctioned and thereupon such regulation shall cease to have effect 8201194'1 31 (1) the coal mines labour welfare fund act, 1947 is hereby repeal repealed add avidiii 3' (2) all moneys and other property and all rights and interests, of whatever kind, owned by, vested in, used, enjoyed or posaesaed by, or held in trust by or for the coal mines labour housing and general welfare fund constituted under the coal mines labour welfare 3201 in'1 fund act, 1947 and the housing board eonstituted under the iaict act 15> u well as all uabwties leplly iubsiitint aaamt the i'uild or the aid houslnl board &hall pall to the trust with effect from the date -referred to m lub-aection (1) of section 3 (hereinafter referred to  the laid date) (3) any proceedings taken by the central government or the bonlid, board under the coal mines labour welfare fund·act, 1947, s 32 of 1m?, before the said date may be continued by the trust after the said date - (4) untn action in that behalf 11 otherwise taken under the corresponding provisions of this act or the rules and regulations made thereunder, all action taken or anythl""1 done under the provislodi 10 of the coal mines labour welfare fund act, 1947, shall, unless u of 1047 inconsistent with the provisions of this act, be deemed to hav~ been taken or done under the corresponding provisions of this act and· the rules and regulations made thereunder (5) for the removal of doubts, it is hereby declared that the is proviaiona contained in aub-1jectlons (2) to (4) inclusive shall be without prejudice to ttle general application of section 6 of the general clauses act, 1897 10 el18l7 (6) if any difrculty arises in giving effect to the provisions ot thls act, the central gov~t may by order make such provision zo or give iuch direction not inconsistent with the provisions of th1t act, as appears to it to be necessary or expedient for the purpose of  removing the cwbculty the coal mines labour weifare-j'und-~t,-1947, was enacted with-a view to makfng better provialon for ftnmcinl measures for promotfng the welfare -of labour employed in the coal-mining industry the act provides for the levy of a duty of excise on all coal and coke des--patch~ from collieries at such rate not exceeding eight annal per ton u may from time to time be fixed by the central-ooyemment the proceeds of the duty are credited to a fund called the coal mines labour housing and general welfare fund and apportioned under two separate accounts called the general welfare account and the housing account while the-gedi:t  l"welfare account is operated directly by the central government, the housing account is operated by a body corporate called the coal mines labour houaln boarcl cod-ltituted under aectfon ~ of the act -2 the working of the act haa shown that there are obvious advantages in makfng the ceal mines labour welfare l'und organisation a a whole, a body corporate under the statute the organisation has now an annual incom~ of about rs 4 croree it is accordingly pr0-posed to establish a corporation known as the coal mines la-bour wei fare fund trust which will be responaible, under the general c:urection and control of the central government, for promotion of the welfare of labour employed in the cqlll-mfnfng industry this corporation will function through a board of trustees consisting of twenty-two members representing the government, the employers and the ~~ ~loled in th~ coal·mlnto" tpdultq"  3: for giving effect to the above object, it is proposed to replace the act by a new legislation provision has also been made in the legislation for payment of enhanced grants-in-aid to cautery owners who maintain dispensary services of· a standard higher than the prescribed minimum, and also for the transfer of existing' employees to the corporation 4 the bill exempts income, profits or gains of the trust from the liability to income-tax -  5 subject to the mocuftcations mentioned above, the provf8fods of  the bill are broadly on the lfnes of the provisions of the existing act, including the imposition of duty of excfie on coal and cob despatched from cower! -i) sanjivayya [copy of letter no l/l/64-mii, dated the 22nd september, 1965 from shri d sanjiva"a, minister of labour and employment to the secretary, lok sabha]  y " th~ president, having been informed of the subject matter of the proposed bill to 'amend and consolidate the law relating to the ftnancidg of measures fot-ptomoting the welfare of labour employed in the coal mining industry has, in pursuance of clause (1) of article 117, read with suh-clause (a> of clause 1 of article 110, clause (3) of article 117 and clause (1) of article 274 of the constitution of india, recommend to lok sabha the introduction and consideration of the bill  "\ ','  '  ~  ~ - - '"' -y clause 29 of the bill empowers the central government to make rules for carrying into effect the purposes of the act matters in respect of which sw:h rules may be made are specified in that clause they iater cilia relate to the 'collection of the duty and the c:leterm1-nation of the cost of suc'h collection, the terms and conditions of appointment or nomination of the trustees, maintenance of annual statement of accounts, the standard of dispensary services to be provided by the owm"s, of collieries, the payment of grant&-fn-ald from the fund, and the dildner in which dispensary services may be provided by the trust the acope of clause 29 is thus llmlted to matten of procedure or detail moreover, the rules shall be subject to the ~t1ny of parliament 2 clause 30 of the bill empowers the trust to make regulatlold not inconsistent with the act and the rules made· thereunder for the purpose of giving effect to the provlslons of the act the mattan which may be provided for, by regulations relate to procedural or administrative details ' 3 the delegation of legislative power is tbua of a normal character , a bill to am end and consolidate the law relating to the· financing of measurestfor promoting tile \\"elfare of· labour employed in the coal-mining industry - " shri d satiiwyyq" (minilur of labtnd- & b~) 