 bill no 16 of 198z  the limestone and dolomite mines labour welfarj: fund (amendment) bill, 1982a bill to clmend the limestone and dolomite mine, labour welfare fund act, 1972 bz it enacted by parliament in the thirty-third year of the republic of india sa follows:-1 this act may be called the limestone and dolomite mines labour shorll welfare fund (amendment) act, 1982 title 820t 1972 5 2 in section 2 of the limest~ne and dolomite mines labour welfare amend,  fund act, 1972 (hereinafter referred to as the principal act), after clause  ment of (b), the following clause shall be inserted, namely: _ section 3 - (bb) "limestone" includes minerals like lime-shell, calcareous sand and sea sand essentially composed of lime-shell, marl, kankar 10 or lime-kankar;' 3 in section 3 of the principal act,-- ameddment of section j 15 (a) in clause (ii), for the words "iron or steel", the words "iron, steel, ferro-alloys, alloy steels, chemicals, 6ugar, paper, fertilizers, refractories, iron ore pelletisation or suc'h other article or goods 01' class of articles or goods, as the central government may, from time to time, specify by notification in the official gazette"· shall be tubstituted and shall be deemed always to have been substitu~; (b) i~ the explanation, for the words "cement, iron- or steel", the words, brlekets and figures "any artic)e or goods referred to in ~o or specified under clause (ii)" shall be substituted and shall ,be deemed always -to have been substituted; amendment of section 4 4 in section 4 of the principal act, in clause (l;), for the words "cement, iron or steel", the words, brackets and figures "any article 01' goods referreci to in or specified under clause (ii) of section 3" shall be substituted and shall be deemed always to have been substituted insertion 5 afte of new  r section 7 of the principal act, the following section ahall be 5 section 'lao, inserted, namely:-power to co-opt, etc, "7a (i) an advisory committee or the central advisory committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the committee (2) a person co-opted under sub-section (1) to a committee shall to exercise and dillcharg2 all the powers and functions of a member thereof, but shall not be entitled to vote   6 in section 8 of the prineipal act,-a1nendmeqt at ~ection 8 f ' (a) in sub-section (1), for the words "inspectors, welfare administrators", the words "welfare commissioners, welfare adminis- 15 trators, inspectors" shall be substituted; - ""  ,ii  ; (, ;,-(b) in sub-section (3), for the words "any in6pector or welfare administrator~', the' words "any' welfare commissioner 'welfared-ministrator or 'inspector" shall be substituted 20  7 in section 16 of the principal- act,-- ,ta) in <;lause (m) for ~hewords ,"an inspector or a ,w~are ad-amendment of section 16 niini~tra'tor"; the words' cia' welfare cotnmissioner or a' welfilre'" administrator or an inspector" 'shah be substituted; (0) in clause' (n), after the words "the occupier' of 'factorles;~i the words ", the purchasing agents or stockists of'limestone or dot6thite" 25 shall be inserted 8 notwithstanding any judgment, decree or order of any court, tribunal or other authority,- validatio" (a) all duties of excise levied, assessed or collected or purported to have been levif!d, assessed or collected under the principal 'ad 30 befol:e the commencem~nt of this act shall, for all purposes, be decmed to be, 'and to have always been, as validly and effectively levied, assessed or collected as if the provisions of sections, 3 and 4 of the principal act as amended by sections 3 and 4 of this j, act had i been in force at all material times; 35 (0) no: stiit or proceeding,shall be maintained or continued in any  coull for the re'funci of, and no enforcement shall be made by any co\j!'t'of any decree ot order directing the refund 'of, any 8u~ duty of excise which had' been collected and which would have· been validly collected if the provisions of sections 3 and 4 of the' pr:mcipal':40 ;"act;:as amended by sections 3 and 4 of this act, had been in~force 'at al~ material times; (c) retunds ·~ll'qe made of ali 'such duties of- ex~sf!:which have been collected b¥t' ",hieh would- not have been so collected ~, the provisions of sections 3'and 4 of the principal act, ·as amended 45 by sections 3 and 4 of this act, had been in force at all material times; (ei) recoveries shall be made of all such ddties of excise which have not been collected or, as the case mar ,be, which have been 5 refunded but which would have been collected or, 'as the case may be, ~quld, not have been refwlded if the provisions of sections 3 and 4 of ,the: princjpll1 act, a~ amendeq, by sectio:ns 3 and 4 of this act h~(j ,l>~n in force at all material times' , erpl,anation-for the removal of doubts, it is hereby declared that 10 no act oj; omj,ssion on the pa,rt of any pers,?n, ,before the commencement ofthi~act, shall be punishable as,an offence which would)lot have been scfpurytshable if thil,i act had not come into torc~  tpe limestone and dolomite mines labour welfare fund act, 1972, was enacted with a view to ameliorating the living conditions of labour employed in limestone and dolomite mines it provides for the levy and collection of a cess on limestone and dolomite consumed in factories and for the crediting of the proceeds of the cess, after due appropr'iation, to the limestone and dolomite mines labour welfare fund the act al50 provides for the application of the said fund for meeting the expenditure in connection with welfare measures undertaken for the benefit of wprkers engaged in limestone and dolomite mines  ' 2 the 1972-act does not define the expression "limestone" to secure that minerals like lime-shell, calcareous sand and sea sand essentially composed of lime-shell, marl, kankar or lime kankar which are similar in composition to limestone are also treated as lirnestone for the purposes cjf the act, it is proposed to include a definition ot limestone in the act (clause' 2 of the bill) 3 in an appeal under the rules made under the act, the view hu been taken that an owner of a mine who uses the limestone or dolomite produced in the mine would be liable for payment ot duty under the ~ct only when such limestone or dolomite is used in connection with the manufacture of cement, iron or steel the act has all along been adminiitered ·on the basis that the duty is leviable not only when the owner uses the ilmestone or dolomite for the ~ufacture o~ cement, iron or steel, but also when he ules it for other purposes, such as, manufacture of lerro-ailoys, alloy steels, chemicals, bugaj:" paper, fertilizers, refractori  and iron ore pelletisation it is, therefore, proposed to amend sections 3 and 4 of the act luitably to bring out this intention clearly and 110 validate 1v'ies made in the past in aceordance with thie tn"\1@ (clauses 3, 4 and 8 of the bill) - 4 the other amendments proposed in ihe bill, which are of a mino!" nature, are as follows:-'(a) a provision is being included to enable the advilol"y' committees under the act to co-opt members (clause 5 of the bill); (b) the power to make inspections under the act, which at present can be exercised only by inspectors and welfare administrators under the 'act, is proposed to be conferred on the welfare commissioners under the act who rank above welfare administratei'll (clause 6 of the bill);  (c) with a :view to keeping trzck of the mode of disposal of minerals, provision is being made to enable the central govemment to make rules for collection of statistical information from purchasmg (  -' agents and stockists of limestone and dolomite [clause 7 (b) of the bill]  5 the bill ~eeks to achieve the above objects new delhi; bhagwat jha azad the 22nd february, 1982  recommendation of the president under article 117 of the constitution of india[copy of letter no s-23011/8/81-m v dated the 24th february, 1982 froj'll shri bhagwat jha azad, minister of state of the ministry of labour to the secretclry, lok sabha]  the president, having been informed of the subject matter of the above bill to amend the limestone and dolomite mines labour welfare fund act, 1972, has recommended under article 117(1) of the constitution, the introduction iii lok sabha of the said bill clause 5 of the bill seeks to insert a new section 7 a empowering an advisory committee or the central advisory committee to co-opt any person or persons' to act as members on that committee if and when any ~rson is co-op~t he may lrave to be paid nominal allowances 81 may be specified under the rules -ed s\1eh expellditure ww"be·met-from out of the iamestone and dolomite ·mines· labour welfare fund main-~ed under section 5 of the act there is no expenditure, whether ~c or non-recurring,,, ollt -of ueameeudatedfund-'ofiln~  memorandum regarding delegated legislationclauje 7 01 the bill seeks tal iilmtid~'8ection 16 of the act which empowers the central government to make rules fur carrying out the purposes,' of ·tbt"  a:ct clatme (m)·, ofi,wc!tten"16 irbimg' alll8lulichlo as to provide therein that the ¥iles~y'ptroyid8''fol'wpecifying the powers that may be exercised by a welfare commissioner also clause (n) of that section is being amended to pitiyide~'tiwein that the rules may provide for furnishing to the central government by the purchasing agents or stockists 'of limestone or dolomite of such statistical or other ijitormation as may be required to be furnished, from time to time, by the central government 2 the matters in 'respect of which the rules may be made are of administrative detail and procedure and hence, the delegation of legislative powet"ls·~o'fnormai· ~lui~~cter  - (62 or 1972) - - - - - i in this act, unless the context otherwise requiree,-- - - - - " i with ~ect from such date as the central government may, by notiftctltion in the official gazette, appoint, there shall be levied and collected as a cess for the purposes of this act on so much of limestone and dolomite pi:qduced in any mine-uv7aod oollection ole_oil limestone aa4delo- - - - - - (ii) as is used by the owner of such mine for any purpose in connection with the manufacture of cement, iron or steel, a duty of excise, at such rate not exceeding one rupee per metric tonne of limestone or dolomite, as the case may be, as the central government may, from time to time, fix by notification in the oftlcial gazette e:cplanation-where the owner of any limestone or dolomite mine is also the occupier of any factory, then, for the purposes of clause (ii), all limestone or dolomite, as the case may be, produced in the mine and not sold or otherwise disposed ot to the occupier of any other factory shall be deemed, unless the contrary is proved, to have been used by such owner for any purpose in connection with the manufacture ot cement, iron or steel 4 (1) every duty of excise leviable under this act on limestone or dolomite shall be payable-- - - - - (b) to the central government, by the owner of the limestone or dolomite mine where the limestone or dolomite is used by such owner for any purpose in connection with the manufacture of cement, iron or steel, - within such period as may be prescribed  - - - - - -8 (1) the central government may appoint as many ins~ctors, welfare administrators and &uch other oftlcers and staff· as it thinkj decessary for the purposes of, this a4 - - - - - (3) any inspector or welfare administrator may,-appointmentef inspeotors, etc, and their powers (a) with such assistance, if any, as he may think fit, enter at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this act; (b) do within such place anything necessary for the proper discharge of his duties; and (e) exercise such other powers as may be prescribed  - - - - - 141 (1)  - -  - power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- -  - - (m) the powers that may be exercised by an inspector oj;" a welfare administra~or tinder section i; - (n) the furnishing to the central government by the occupier of factories 8bd the owners, agents or managers of limestone or dolomite mines, of buch statistical and other information as may be required to be furnished from time to time by that government; - - - - -  a billto amend the limestone and dolomite mines labour welfare fund act, 1972  -  (sh"i bmgwat jha azad mini4te" of state of the ministry of labou") 