 bill no 19 of 1982 the iron ore mines and manganese ore mines labour welfare fund (amendment) bill, 1982 j, a billta amend the iron ore mines and mangvese ore mines labour welfare fund act, 1976   ' ~, 'be'it '~nact~d by parliam\!!nt in the thirty-third year of the republic  of tndia as 'follows:-:~:rt1lnd commence· ment ,  z in the iron ore mines  and mangalle'3e ore mines labour welfare 81 of 1978l amend ment of inn, title 10 ci manganese ore mines and' chrome ore rnint:s" shall be substituted  3 in section 1 of the principal act,-amend_ ment ot section 1 (4) in sub-section (1), for the words "and manganese ore mines labour welfare", the words ii, manganese ore mines and chrome ore mines labour welfare" shall be substituted; (b) in sub-section (3), in the proviso,-(i) after the words "only to manganese ore mines", the words ", or only to chrome ore mines" shall be inserted; (ii) for the words "and manganese ore mines", the words ", manganese ore mines and chrome ore mines" shall be 10 substituted  a in section z of the principal act-amend_ ment of section 2 (a) after clause (a), the following clause shall be inserted, namely:- '(aa) "chrome ore" includes ferro-chrome;'; 15 (b) in clause (d), for the words "and manganese ore minei labour welfare", the words " manganese ore mines and chrome ore mines labour welfare~' shall be substituted; (e) in clause (g)-(i) in sub-clause (i), after the words "or manganese", the 20 words "or chrome" shall be inserted; (iii) in sub-clause' (ii) , after the words "manganese ore", the words "or chrome ore" shall be inserted; (d) in clause (h) ,-(i) tn the opening portion, after the words "or manganetle ore mine", the words "or chrome ore mine" shall be inserted; 25 (ii) in sub-clause (1) and sub-clause (2), after the words "or manganese ore", wherever they occur the words "or chrome ore" shall be inserted am~nd­rr,ent of section 3 5 in i!iection 3 of the prjndpal ad; for the words "and man  30 ore mines labour welfare", in both the plaees where they oeeur, the word if, manganese ore mines and chrome ore mines labour wei-'are" shall be substituted  -6 in section 4- of the principal aet,-/\mendmtnt of section 4 (a) in the opening portion, for the ~ "and diilqpii8ie ore mines", the words ", manganese ·;ore mines and chrome ore mines" 35 shall be substituted; (1b) in druse (a), in the opening portion, after the wonts "ol' manganese ore mines", the words "or 'chrome ore mines" shan he lnse~ (e) in clause (b),-(i) after the words "or of a manganese ore mine", the worm "or of a chrome ore mme" shal1 be idsertelt: (if) after the words "or manganese ore mines", the wor41s ii-or eb1'ojlle ore mines" ,h,ii' " inserted;  lijk sa3ha w rri genolal to the irjn ure ~ili-jes ai'id ~,anganese urle mines labjur vlelfaae f'j:jd tmtenciliietlt) bill, 1982 (to be/as introduced in jo k s abh£l) page 2, line 31,-for "v<>rd8 read ·~rdsll --ne\i delhi; ~ arch ~ j _1-,i2 p halguna 11, 190-3\sakaj (d) in e1ause (c),-(i) after the words "or mancane&e ore mides", the wol'cis "or chrome ore min,es" shall be inserted; (ii) in the proviso, after the words, "or of a madlanfl8e ore mine", the words "or of a chrome ore mine" shall be inserted; 5 7 in section 5 of the principal act,-amend -ment of (a) in aub-sectiob (1),--section 5 (1) in clause «(1;), after the words "or manganse orfl'l the words ('or chrome ~" shall be in8erted; (itt) in clause ('b), for the words "both iron ore and 10 jdadganese ore", tire words "any two of or ad such ores" and for the words "iron ore only or mancanese ore only, or in respect of both", the words "anyone of such ores only, or in respect of any two of such ores o~y, or in respect  of all such ores" shall be substituted; 15 (b) in 8ub-section (2), in the proviso, for the words ('and majiciln888 ore mines", in both the places where they occur, the words ", manganese ore  mines and chrome ore mines" shad be substituted 8 in aection 6 of the principal act, in sub-section (2), in the proviso, amend ment of section 6 20 for the words "and asanganes·e ore mines", in both the places where &hey occur, the woms ", manganese ore mines and 'chrome ore mines" shan be subttttutecl amend_ ment of section 8 9 in section 8 of the pdncipal ad, in sub-section (1) and sub-section (2), for the words "and manganese ore mines labour welfare", the words 25 'i, m  ore mines and chrome ore mines labour welfare" shah be nbstituted 10 in section 9 of the principal act, after the words "manganese ore mines", the words "or chrome ore mines" shall be inserted amend ment of !'(·ctlon 9 h in section 11 of the principal act, after the words "of a manganese ~tt ore mine", the words "or of a chrome ore mine" shall be inserted amendment of section 11 ii in section 12 of the principal act, in sub-section (2) ,_ an-end ment of section 12 (a) in clause (e), after the words "manganese ore mines", the words "or chrome ore nunes" shall be inserted' , ~ (b) in clause (h), after the words "of manganese ore mines", 35 the words "or of chrome ore mines" shall be inserted chrome or~ is mined largely in orissa· in belts contiguous to iroil ore mines it also occurs in small proportions in, kamatu~, maharashtra and andhra pradesh it is mostly used in the produ<:tion of iron and different types of steels with the increased production of stainless steel in the country an:! abroad; the demand for chrome ore is growing about 6,000 workers nre employed in chrome qre ll}ines and their living conditions need amelioration welfare facilities, which are at present being enjoyed by workers in iron ore and jminganese ore mines, are proposed to be made available to workers in cb~ome ore mines also 2 as the number of workers engaged in chrome ore milles is small, it may not be practicable to set up a separate welfare fund and to make separate arrangements for the welfare of these workers it is, there--"fore, proposed to utilise· the machinery and arrangements· (mder the iron ore mines and manganese ore mines labour welfare fund act, 1976, for the purpose of providing for- the welfare of the workers in chrome ore mines al$o for this purpoae, the fun(,i under this aql;, which is at preflent for the welfare of the workers in iron ore qrloes and manganese ore mines, is proposed to be converted into a joint jurd for the welfare of the workers in iron ore mines, maniane5e ore mines and chrome ore mines the cess on chrome ore udder the amendments protj08ed to be made to the iron ore min~ and manganese ore mines labour welfare cess act, 1976 by the iron ore mines and manganese ore mines labour welfare cess (amendment) bill, 1982, after deducting therefrom the cost of collection and aftu due appropriatittn,wotjth be credited to the said fund the said fund will be utilised for the welfare of persons employed in chrome ore mines in the same manner :as in ~ case of workers in iron ore mines and manganese ore mines a thebiu seeu to achieve t8e above objects~ new d!ija; < the 25th february, 1982 bhagwat jha azad  president's recommendation under article 117 of the constitution of india[copy of letter no m 15011/4/78-m iv, dated the 2nd march, lts2· from shri bhagwat jh'a azad, minister of state of the ministry of labour to the secretary, lok sabha] the president, having been informed ~f the subject matter of the above bill to amend the iron ore mines and manganese ore mines labour welfare fund act, 1976, has recommended under article 117 (3) of the constitution, the consideration by lok sabha, of the said bill the,iron ore mine~ add manganese ore mines labour welfare fund act, 1976 (hereinafter referred 1:io • as the 'principal act) provides for the financing of activities to promote the welfare of workers employed in the iron ore mines and manganese ore mines and the present bill seeks to extend the scope of this act to cover activities to promote the welfare of  perso1'l5 employed in chrome ore mines also the fundundel' the act hi proposed to be converted into ,a joint fund 'for the welfare of the workers in all these mines (vide clause 5 of the bill) section 4 of th, principal act relatilig to the purposes for which the fund may be 'applied is being amended (vide clause 6) to cover also the welfare of persons employed in chrome ore mines sections 5, 6 and 8 telating respectively to advisory committees, central advisory committee and" ap,?ointment of welfare commissioners, welfare administrators,inspectors and other officers and staff for the administration of tl:te act· are being amended!o that they apply for purposes of welfare of persons employed ih chrome ore mines in the manner as they now apply for purposes of wc:>lfare of persons· employed in iron ore mines and manganese ore mines (vide clauses '1, '8 and 9 o'f the bill)  2 the scheme of the afqreme - tioned amendments is to utilise as far as ,possible the existing machinery under the principal a'ct for the pur   poses of welfare of persons employed in the:chrome ore mines' also however, the composition of the advisory cqmmittees and the central advisory committee will have to be altered so as to include therein representatives of the owners of, and persons employed in, the chrome ore mines and some augmentation of the officers and staff for the administration of the act may also be necessary to· 'cope with the additional work relating to activities for welfare of persons employed in chrome ore mines however, it may be stated that the additional expenditure on the representatives of the owners 'and persons employed in chrome ore mines in the advisory committees and the central advisory committee and on the additional omcers and staff will not exceed 10 per cent of the total yield of the proposed cess on the chrome ore which is estimated to be of the order ot rs 9 lakhs per annum such additional expenditure would be of a recurring nature and will be met from out of the fund under the principal act it would thus be seen that there would be no outgo from the consolidated fund of india 3 the bill does not involve any other expenditure whether of a recurring or non-recurring nature clause 10 of the bill seeks to amend section 9 of the lron ore mines and manganese ore mines labour welfare fund act, 1976 to empower the central government to direct, by notification in the official gazette, that all or any of the provisions o'f the act shall not apply or shall apply to any state or part thereof, subject to such exceptions or rnodificatiool as may be specified in the nc-tiftcation, if that government is satisfied that there is in force in such state or part thereof a law making adequate provisions for financing the activities to promote the welfare of persons employed in chrome ore mines as the clause specifies clear guidelines for ~ssuing a notification, the delegation of legislative power is of a normal character   2 clause 12 of the bill seeks to amend clauses (c) and (h) of subsection (2) of s9ction 12 of the act, to empower the central government to make rules with respect to the standard of welfare measures to be provided by the owners of chrome ore min~ for the purpose of clause (c) of section 4 of the act, and with respect to the furnishing of statistical and other information by the occupiers of metallurgical factories and the owners, agents or managers of chrome ore mines to the central government under section 11 of the act the matters with respect to which rules may be made under the above-mentioned provisions are matters of procedure or detail the delegation of legislative power is, therefore, of a nonnal character  annexure extracts from the iron on mines and manganese or! minis lasol1a welfare fund act, 1976(61 of 1976) - - - - - an act to provide for the financing of activities to promote the welfare of persons employed in the iron ore mines and mangan~ ore mine • - - - - - 1 (1) this act may be called the iron ore mines and mang~nese ore mines labour welfare fund act, u176 - - - - - short title, ex tent and commence· 'mnt (3) it shall come into fprce on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states: provided that the central government may, by notification in the ofticial gazette, apply in the first instance the provisions of tbls act, 'only to iron are mines, or only to manganese are mines, in a state with effect from such date as may be specified in the notification, and if that gov· ernment is satisfied thai it is necessary or expedient so to do, it may extend this act to all iron ofe mines and manganese ore mines in that state with effect from such date as may be specified tn the notification , published in the official gazette deftnj-tiona  z in this act, unless the cqntext otherwise requires,-- - - - - (d) "fund" means the tron ore mines and manganese ore mines labour welfare fund formed under section 8; - - - - - (g) "metallurgical factory" means-(i) a factory in which iron or steel or manganese is being proc~ssed of manufactured; (if) any other 'factory, being a factory in which iron are or manganese ore is used for any purpose which the central q6v emment may, by mtification in the official· gazette, declare to be a metallurgical factory for the purposes of this act; (h) a penon is s/iirl to be employed in an iron ore mine or manganese o~e mine,-(1) if he is employed within the premise'! or in the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in anyone or mort'! of the following, namely:-(i), any iron are or manganese are mining operation;  '         ~             ~                         r    ,"',-,           -   (ii) the operation, fervicing, maintenance or repair oj any machinery or any' part thereof used in or about such mine;             , (iii) the loading, unloading or despatch of iron ore qr manganese ore or any other material connected with the mining of iron ore or manganese ore; (iv) any work in 'any office, canteen or creche situated within the precincts cf such mine; (v) any welfare, health, sanitary or~cy ser  vices or any watch and ward duties at any place situated within such premises or vicinity, not being a place occupied by any reidenttal building; or  ~ \ (2) if, in any such area as may be notified by the central government in the official gazette in this behalf, he 1's employed by the owner, agent or manager of such mine or by a contractor or ~y other agency efclusively in the loading, uiuqading or depatch of iron ore or manganese ore or any other material connected with the mining of iron ore o!" manganese ore; , - - - - 3 ~shal1 be· formed a fund, to be called the iron ore mines'and ikagailese ore mines labour' welfllre fund, and there shau be credited tttehto- iron ore mines and manlanese ore mines labour weuare fund (a)· an amount which the central government may, after due  ~ appropriation made by parliament by law in this behalf, provide from and out of the proceeds of duty of customs and duty ,of excise credited under section 5 of the iron ore mines and manganese ore mines labour welfare cess act, 1976, after deductin~ therefrom, the cost of collection as determined by t)1e central government ~dej" this act; (b) 'any income' ftom' investment of the amount credited  under the act'referred to in clause (a:) and any other moneys received b"  the central government for the purposr:s of this act application of fund 4 the fund shall be applied by the central government to meet the expenditure incurred in connection with the measures which, in the opinion of that government, are nece<;sary or elc'pedient to promote the we11al"e of: persons employed in the iron ore mines and man~anese ore mbtes; and to pail'ticular-'  (a) to defray the cost of measures for the'benefti of' persons employed in the iron, ore mine!'; 'or manganese ore mines directed  toward--  - - - (b) to grant loan or ~ubsidy to a state government 'ii local authority or the owner of an iron ore mine oil" of a manganese ore mire, ~ aid of anv sche1lle ancroved b~ thf' cpntral ~emm~t far anv purpose con'ne<!ted with the welfare of p~rsonc; employed in iron ore mines or man~anese ore mines: , '(e) to pay annually grants-in-atrl to such of the owners of iron ore mines or man~anese ()it'e' mi'~ who providp, to the !!8tisfaction of the central government welfare measures of the prescribed standard  ' , for the benefit of persons employed in their mines, so, however, that the amount payable as grants-in-aid to such owners shall not exceed-(i) the amount spent by them in the provision of welfare measures as detf¥'mined by the central government or any person specified by it in this behalf, or (ti) such amount as may be" prescribed, whichever is less: p:tonded that no grant-in,aid shall be payable in respect of any welfare measures provided by! the owner of an iron are mine or of a manganese are mine where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;      -  b (1) the central government may,-advisory commit tees (a) constitute for each state which produces 'iron are or manganese ore an advisory committee, or (b) where both iron ore and manganese ore are produced in a state, constitute, for such state, an advisory committee i'l1 respect of iron ore only or manganese ore only, or in respect of both, to advise the central government on such matters arising out of the administration c1f this act as may be referred to it by that government, including matters relating to the application of the fund (2) each advisory comm'ttee shall consist of such number of persons as may be appointed to it bythe central government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed: provided that each advisory c~mittee shalf include an equal number of members representing government, the owne~s of iron are mines and manganese ore mines and the person, employed in lhe iro:1 ore mines and manganese are mines   -  - 6 (1)   - - - central advisory committee (2) the central advisory committee shan consist of such number of persons as may be appointed by the central government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed: provided that the central advisory committee shall include an equal number of members r~presenting the government, the owners of iron are mines and manganese ore mines a'1d t1-je rcrsr)ns employed in the iron qre mines and manganese are mines    -  - 6 (1) the centra] government mav appoint as many welfare commissioners wrlfare administrators, inspectors and such other office,:,s and stnff as it thinks necessary for the purposes of th1s act and the iron ore mines and manganese ore mines labour welfare cess act, 1976 (2) the central government may, by general or special order, direct a welfare commissioner to appoint such staff as is considered necessary appoint_ ment of welfare commissioners, etc, and their powers for the purposes of this act and the iron ore mines and manganese ore mines labour welfare cess act, 1976 - - - - - | power     | of    ||-----------|-------||  central |       || govern_   |       || ment      | to    || exempt   |       |9 notwithstanding anything contained in this act, if the central government is satisfied that there is in force in any state or plp't thereof a law making adequate provision for the financing w activities to promote the welfare of persons employed in the iron ore mines or manganese ore mines, it may, by notification in the official gazette, direct that all or any of the provisions of this ad shall not apply or shall apply to sl!ch state or part thereof subject to such exceptions and modifications as may be specified in the notification - - - - - power to call for informa tion 11 the central government may require an occllpier of a metauurgical factory or the owner, agent or manager of an iron ore mine or of a manganese ore mine to furnish, for the purposes' of this act, such statistical' and ather information in such form and within guch period as may be prescribed 12 (1) - - - - - , power to make rules, (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- " - - - -(c) the standard of welfare measures to be provided by owners of iron ore mines or manganese ore mines for the purposes of clause (c) of section 4; - - - - (h) the furnishing to the central government by the occupiers of metallurgical factories and the owners, agents or managers of iron ore mines or of manganese ore mines, of such statistical and other information as may be required to be furnished, from time to time, by that government under section 11; - - - - - a bill \ to amend the iron ore mines and manganese ore mines labour welfare fund act, 1976  (shri bhagwat jha azad, minister of state oj the ministry of labour) )  ,  i 