 bill no 18 of ita e the iron ore mines and man,gane&e ore mines labour welfare cess (amendment) sill, 1982 , a billto emend the iron ore mines and mangcfje8e, or~ mines labour welfare cess act, 1976 ----"  be it enacted by parliament in the thirty-third year of the republic of india as follows:-1 (1) th:is act may be called the iron ore mfttes and manganese ore short mines labour welfare cess (amendment) act, 1982  title and 5 (2) it shall come into force on such date as the central government commen cement may, by notification in the' ometal gatette, appoint 55 of 1976 z in the iron ore mines and manganese ore mines labour welfare adlend cess act, 1978 (hereinafter referred to as the principal act), in the long ~~t of title,-~ title - 10 (4) for the words' "and martganese ore", the words it, manganese' ore and chrome ore" shalt be substituted; (b) for the words "and manganese ore mines", the words ", manganese ore mines and chrome ore mines" sjuill be sqb$titute<;l  3 in section 1 of the principal act,-amendment of section 1 (a) in sub-section (1), for the words "and manganese ore mines labour welfare", the words ", manganese ore mines and chrome qro mines labour welfare" shall be substituted; amend_ ment of section 2 '(b) in sub-section (3), in the provfso,-5 '" ' (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 mjnes" shall be substituted 10 f 'in section 2 of the principal act for the words "and manganese ore mines lah:our welfare" wher~ver they occur, the words ", manganese ore mines and chrome ore mines labour welfare" shall de substituted ~ -  "w "; ,, - an1endment 01 section a i 5 in section '3 of the principal ad,-15 (a) in the openin~ portion, f~ the words "and manganese ore mines labour welfare", the words " manganebe ore mines and chrome ore mines labour welfare", shall be substituted; (lb) after cla1llle (h), and before the explanation, the following elause shall be inserted, namely:-20 "(iii) on au chrome ore produced in any mine,-(a) a duty of customs, where such chrome ore is expeeted; or •• (ib) ,a duty of excise, where such chrome ore is sold or otherwise disposed of to the occupier of any matailurgical 25 factory, or to any person who in turn sells it to a metallurgical fadory, oir is used by the owner of the mine in any metallurgical factory, at 'such rate not exceeding six rupees per metric tonne of chrome ore as the central government may, from time to time fix, by so notification in the ofhcial gazette";  (c) in the explanatlon,-(i)' after the word!'! "or manganese ore mine", the words "or chrome 0f4e mine"shall be inserted;  (ii) fair 'the words, brackets, letters and figures t'or sub-dause 35 (ib) of c1_se(ii), al the von ore or manganese orer, the word", brackets, letters and figures t'or sub-clause('b) of clanse (ii) 01' sub-clause ('b) of elbase (iii), all the iron ore or manganese ore or chrome ore," shall be substituted i' 8 in secti(,n 4 of the prtndpal' act,-(n) in sub-section (1) ,-amend ment of , section 4 (i) after the wo!'ds "or manganese are", the words "or c}l "ome ore" 8~all be inserted;   (ii) for the words "ss the case may be, manganese·ore", the " rds "manganese ore, or chrome are, as the case may be," shall 45 be substituted; ~  , : to 'lhea thon cae hines k'ld l'uj~va;~ gle ~ytlt::_s ~1!60l;l" \h11'ale c  s~ (j>i,il;j;[ :'ll:n'!') blll~ 1 ':;:,", (r9 bl;)/as introduc';::d il lok' :'cblj2i,) 1 - page 2) llnes 22 and 23:,-2 page 2~ llne 25,-!21: "matallur!:;,ical" ~ "metajlurglcal ll read " all ii -4- page 4, lin€1 from bottom,-'fq! licon~ideraion"  read "consideration" 5 page 8, in the rlarginal heading to section 3,-for "etc" ,£ead, "ore" narch 8, 1,82 ,(b) in sub-section (2)",-i 'w '(i) in the opening portion and in clause (a), after the words "or manganese ore", the words "or chrome ore" sh$11 be inserted; 5 (ii) 'in clause (b), after the words "or manganese ore mine", the words "or chrome ore mine" and aiter the words "iron ore or manganese ore", the words "or chrome ore" shall be inserted 7 in section 6 of the principal act, after the words "or manganese amend 10 ore", the words "or chrome ore" shall be inserted ment of section 6 8 in section 7 of the principal act, after the words "or a manganese amend ore mine", the words "or a chrome ore mine" shall be inserted ment ot section 7 amendmentot section 8 9 in section 8 of the principal act, after the words "or manganese ore mine" in both the places where they occur, the words "or chrome ore 15 mihe" shall be !inserted 10 in section 9 of the principal act, after the words "or a manganese amend ore mine", the words "or a chrome ore mine" shall be inserted ment of section 9 11 in section 14 of the principal act, in sub-section (2) ,-, , i" (a) in clause (c), after the words "or manganese ore", the words "or chrome ore" shall be inserted; amend ment ot section 14 !20 (b) in clause (d), after the words "or manganese ore mine", the words "or chrome ore mme" shall be inserted  statbmentof oblects and uasonsthis bill seeks to amend the iron ore mines and manganese ore mines labour welfare cess act, 19'tgr to provide for the levy of a c8ss on all chrome ore which is produced in any mine and which is either exported or sold or oth8rwise disposed of to the occupier of 'any metallurgical factory oj' used by the owner of the mine in any metallurgical factory in case of chrome ore which is exported, lhe cess will be by way of a duty of customs and in other cilies it will be by way of a duty of excise 2 the object o~ the proposed cess is to secure the funds necessaryt for financing of activities to promote the welfare of worken employed in chrome ore mines 3 the proceeds of the proposed cess, after deducting therefrom the cost of collection and after due appropriation, would be credited to the fund under' the iron ore mines and ~nganese ore' mines labour welfare fund act, 1976, and a separate bill for this purpose, "namely, the iron ore mines and manganese ore mines labour welfare fund (amendment) bill, 1982, seeks to make the necessary provisions for converting the said fund in~ a jolint fund for the welfare' o! the workers in iron ore mines and manganese ore mines and also chrome ore mines new dam; the 25th february, 1982 bhagwat jha azad  president's recommendations under article 117 of the constitution of india[copy of letter no m 15011/4/78-m iv, dated the 2nd march, 1982 from 8hri bhagwat jha azad, minister of state of the ministry of labour to the secretary, lok sabha] the president, having been informed of the subject matter of the above bill to amend the iron ore mines and manganese ore mines labour welfare cess act, 1976, has recommended under article 117(1) of the constitution, the introduction in and under article 117 (3) of the constitution, the consideraion by lok sabha, of the said bill clause 5 of the bill seeks to amend section 3 of the iron ore mina and manganese ore mines labour welfare cess act 1976 to provi~ for the levy and collection as a cess of a duty of customs or a du~y of excis, at a rate not  exceeding six rupees per metric tonne of chrome ore however, for the present the cess is proposed to be levied at the rate of three rupees per tonne of chrome ore, and thereby to generate funds to the extent of nine lakbs of rupees annually  - 2 the metallurgical factol'ies an4  chemical refractory industries consumingchrome ore will collect the· cess levied by way of a duty of excise from the owners of chrome ore mines and will pay the amount 60 collected to the central government the customs department will be responsible for the collection of the cess levied by way of a duty o~ customs on all exports of chrome ore the total cost of collection is not likely to exceed half a per cent of the amounts collected by way of cess on the assumption that the total collection of the c~, both by wey of duties of excise and customs, will be of the order' of nine lakbs of rupees per year, the cost of collection is not likely to exceed rs 4500/- per year the bill does not involve any other expenditure, whether of a recurring or non-recurring nature 3 it may incidentally be mentioned that section 3 of the iron ore mines and manganese ore mines labour welfare fund act, 1976 &:i proposed to be amended by the iron ore mines and manganese ore mines labour welfare fund (amendment) bill, 1982 envisages that' the proceeds ot the aforementioned cess shall, after deducting tlte cost of collection and after due appropriation made by parliament by law in that behalf, be credited to the iron ore mines, manganese ore mines and chrome ore mines labour welfare fund under ~t legislation the iron ore mines and manganese ore mines labour welfare fund (amendment) bi1l, 1982 is complementary to the present bill and the machinery under the iron ore mines and manganese ore mines labour welfare fund act, 1976 is proposed to be utilised for the purposes of the said cess on chrome ore, clause 7 of the bill seeks to amend section6of the iron ore mines and manganese ore mines labour welfare cess act, 1976 to empower the central government, to exempt by notification in the official gazette, any metallurgical factory or class of metallurgical factories from all or any of the provisions of that act, subject to such exceptions and modifications as may be specified in the notification, if the central government is of the opinion that in respect of such metallurgical factories or class _ of metallurgical factories, the levy of the duty of custolul or the duty of excise on chrome ore is disproportionate to the cost of collection of such duty of customs or duty of excise from such metallurgical factory or class of metallurgical factories as the clause specifies clear guidelines  for issuing such notification, the delegation of legislative power is of a normal character; 2 clause 11 of the bill seeks to amend clauses (c) and (d) of subsection (2) of section 14 of the act to empower the central government to make rules with respect to the period within which the person selling or otherwise disposing of chrome ore to the occupier of a metallurgical factory shall p'ay the duty of excise to such occupier under sub-section (2) of'section 4 and with respect to the period within which the owner of a chrome are mine shall pay the duty of -excise to the central government under sub-section (3) of seetion 4 of the act the above matters with respect to' which rules may be made 'ire ~atters of procedure or detail the deiegation of legislative power is, therefore, of a normal character  labour welfare cess act, 1976 1"(55 or 1976) - - - · , -  an act to provide for the levy and collection of a cess on iron ore and manganese ore for the financing of activities to proq'lote the welfare of persons employed in the iron ore mines and manganese ore' mines and for matters connected therewith or incidental thereto - - - - - 1 (1) this act may be called the iron ore mines and manganese short ore mines labour welfare cess act, 1976 title, - - • - - - extent and commen cement j (3) it shall come into force 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 official gazette, apply in the first instance the provisions of this act, only to iron ore mines, or only to manganese ore mines, in a state with effect from such date as may be specified in the notification, and if that government is satisfied that it is necessary or expedient so to do, it may extend this act to all iron ore mines and manganese ore mines in that state "with effect from such date as may be specified in the notification published in the oftlcial gazette z (1) in this act, unless the context otherwise requires,-deftni tions (a) "export" means taking out of india to· a place outside india; (b) "fund" means the iron ore mines and manganese ore i mines labour welfare fund formed under section 3 of the iron ore mines and manganese ore mines labour welfare fund act,  1976; (c) "prescribed" means prescribed by rules made under this act (2) words and expressio~ used but not defined in this act and defined in the iron ore mines and manganese ore mines labour welfare fund act, 1976, shall have the meanings respectively assigned to them in that act  , ~ ,i , :, '1 3 with e-ffect from such date as the central government may, by -notification in the official gazette, appoint, there shall he levied and collected as a cess for the purposes of the iron ore mines and manganese ore mines labour welfare fund act, 1976-(i) on all iron ore produeed in any mine,-'levy and collection of cess on irctl ore and maneanese etc (d) a duty of customs, 'where such iron ore 1& exported; or (b) a duty of excise, where such iron ore is sold or otherwise disposed of to the ofcup'ler of any metallurgical factory, or to any person who in turn sells it to a metallurgical factory, - or is" used ~y the owne' of the mint in any metaillurgical factory, at such rate not exceeding one rupee per metric tonne of iron ore as the central government may, from time to time, fix by notification in the officlal gazette; (ii) on au manganese ore produced in any mine,---" «(i) a 4uty of customs, where such manganese ore is exported; or (b) a >dut:" of e~~:where such manp:rttese ore fi; sold or otherwise dispo~tjf to the occupier ~ any metalfurgical , factory, or to anv ~rs()n who i~ ttlm sells it to a metallurgical factory, or is used by the owner of the mine in any metallurgical factory, at streh rate not exceedtn~ six rupees per metric tonfte' of man~8-nese ore 8s the cenb-al government may, from time'to time, fix by tlotifiration in the offichll gs;o:ette e-rn~allat{~,-whe1'p hie owl'el:' of anv ttm'l ot'e mine or man~ane!;e ore ?j\'ne ~!'; 91so the n'!f'l1p!el' nf it metallut"pical f~cl:ol'v then for the nut'ool'les of sl11j-dau~e (b) of dause '(i) or sub-cl"ucle (b) of clau~p (ii), 311 the iron ot'e ot' mattjtallese o"e r!! the case moayhe 'pt'oduceti 'n the mtne j\nd not sold ot' nthet"wi!-"~ di!';'po"led of to thp occunier of atlv otber metnl1ur/t;~1 facltl'y'v 0" to anv other nel'sdn ~hall m tieemed, unl~s the contra~ is prove'd to have been used bv such ownet:' for his own metallmrie:!l factory 4, (1) every dutv /'if ('ustoms leviable under thir act on iulv iron ore' or 1'tu'tl~l'1~ ore c;h~ll he payablf" to the centr81 government by the person by whom the iron ore or, as the case may he" manganese ore is exported  ,payment of duty of customs and duty of excise, (2) eve"dll~r of e~cire leviab1e untier this act on any iron ore ()1" man/t"iyl~se ore :qhall be payable-(tt) to thp occupiel' of the metallurgical fa('torv dv the j)ei'!lon bv whom $uch iron ore or ml\nganese ore k sold or otherwise disposed of to sll~h occupier, (h) tn the ee"h"al g6verttj'l1e11t by the' 0wt1et' of tht'!' iron ore mh,p or manj!tlnefllp mf" mine w~e nle iron or~ or mim~mtse ot'p is uqad by inch owner in any mf"tallurgical factory, within mlt:'h period a~ mav be presctibed, , | power    | 01    ||----------|-------|| central  |       || govern   |     || "mem     |       || to       |       || exempt  |       |6 notwithstanding anything contained in this act, if the oentral government is of opinion that in respect of any metallurgical factory or class of metallurgical factories the levy of the duty of customs or duty of excise on iron ore or manganese ore under this act is disproportionate to the cost of collection of such duty: of customs or duty of excise from such metallurgical factory or class of metallurgical factories, it may, by notification in the official gazette and subject to such exceptions and modifications as may be specifi~ in the said notification, exempt such metallurgical factory or class of metallurgical factories from  all or arty of the provisions of this act interest payable byoccupiers ot fadorie and o~ii of mines 7 if any occupier of a factory or any owner of an iron ore mine or a manganese ore mine fails to pay any amount payable by him to the central government under section 4 within the period prescribed thereunder, such occupier or ownerl as the case may be, shall be liable to pay simple interest at twelve per cent per annum on the amount to be paid from the date on which such payment is due till such amount is actually paid ,  penalty 'lor nollpayment of duty ot excise within the prescribeci period 8 if any duty of excise payable by the occupier of the metallurgical factory qi' the owner of the iron ore mine or manganese ore mine to the central government under section 4 is not paid to that govemment within the period prescribed thereunder, it shall be deemed to be in arrears and the authority: prescribed in this behalf may, after such inquiry as it deems fit, impose on the occupier of the metallurgical factory or, as the case may be, on ~he owner of the iron are mine or manganese ore mine a penalty not exceeding the amount of duty of excis~ in arrears: provided that before imposing any such penalty such occupier or such owner, as the case may be, shall be given a reasonable opportunity of being heard and, if after such hearing the said authority is satisfied that the default was f()r any good and su~cient reason, no penalty shall ~ imposed under this section  recovery olamo unts due under tbeac:t 9 any amount due under this act (including the interest or penalty, if any, payable under section 7 or section 8, as the case may! be) from any bccupier of a metallurgical factory or any owner of an iron ore· mine or a manganese ore mine may be recovered by the central government in the same manner as an arrear of land revenue  - 11& (1) - - • - • - • - • power to make rulu (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- - - - - - (c) the period within which the person selling or otherwise disposing of the iron ore or manganese ore to the occupier of the metallurgical factory shall pay the duty of excise to such occupier under sub-section (z) of section 4' , (d)  the period within which' the owner of the iron ore mfne or' manganese ore mine shall ~ay the duty of excise to the central government under sub-section (2) of section 4;  - - - - a bu,l to amend the iron ore mines and manganese ore mines labour welfare cess act, 1976 - (shri bhagwat lha azad,  minister oj state  of the ministn'y of labour) 