 the iron ore mines labour welfare cess bill, 1961(as introduced in lok sabra on 28th november, 1961)  the iron ore mines labour welfare cess bill, 1961 (as introduced in lok sabha)a bill to provide for the levy and collection of a cess on iron ore for the financing of activities to promote the welfare of labour empzojied in the iron are mining industry be it enacted by parliament in the twelfth year of the republic of india as follows:-1 (1) this act may be called the iron ore mines labour weltlre short title cess act, 1961 atedt ui4 0didiii0dce-s (2) it extends to the whole of india except the s~te of jammu mont and kashmir ~':rir'~  (3) it shah come into force on such date as the central government may, by notification in the official gazette, appoint 2 with effect from such date as the central government may, iayj and 10 by notification in the official gazette, appoint, there shall be levied :~e:0!or: and collected, as a cess for the purposes of this act on all iron ore oro produced in any mine, a duty of excise a·t such rate not exceeding fifty naye paise per metric tonne of iron ore as the central government may, from time to time, fix by notification in the official is gazette  3 an amount equivalent to the proceeds of the duty levied under ~iii:adod this act, reduced by the cost of collection as determined' by the central ~f t:::"" government, together with any income from investment of the said amount and any other moneys received by the central government 20 for the purposes of this act, shall, after due appropriation made by - parliament by law, be utilised by the central government to meet the expenditure incurred in connection with measures which, in the opinion of that government, are necessary or expedient to promote the welfare of labour employed in the iron ore mining industry; and in particular ,-s (a) to defray the cost of measures for the benefit of labour employed in the iron ore mining industry directed towards-(i) the improvement of public health and sanimtion, the prevention of disease and the provision and improvement -of "medical facilities, 10 (ii) the provision and improvement of water supplies lind fae1uties'for washing, (iii) the pro'visibn 1fnd itnpr"ovement of educational facilities, (iv) the improvement of standards of living including is housing and nutrition, the' amelioration of social conditions and the provision of recreational facilities, and (v) the provision of transport to and from work; (b) to make grants to a state government, a local authority, the owner of "an iron ore mine or any other persan, of mc)ney in 20 aid of any scheme approved by the central" goverl\ment for any purpose connected with the welfare of labour employed in the "iron dte'mlning ft'l'dustry; (c) to pay annually grants-in-aid to such of the owners of iron ore mines as provide to the satisfaction of the central gov- 25 ernment welfare facilities of the prescribed standard for the ~ ben'eifit" of labour employed in their mines, so, however, that the amount }:jayeble as grant-tn-aid to the owner of an iron ore m1ne shall not ex-ceed-(i) the "amount spent by the owner of the mine in the 30 ""prmsion of welfare facilities, as determined by the central government or any person specified by it in this behalf, of (ii) such "amount as may be prescribed-by -mesmade under this act; whichever is less: 35 'provided tttat "1\0 "gtant  in-aid "!rhall be payable in"respeet of" any welfare 'fae1litlesprovided" by the owner of an iron ore mine ",here the-amount "spentttiereon 'determined as aforesaid is less than 'fl'lo amount" prescribed' by "rules made "in this behalf; (d) to meet the allowances, if any, of members of the advisory committees constituted under section 4, and the salaries and allow'lnces, if any of persons appointed under section 5  4 (1) the ce»tral government may con~;titute as many advisory adviluy 5 (lommittees as it thinks fit, but not exceediag one for each of tlt8 coli\jdiuiitlj pl"ijicipal iron ore producing states, to advise the central govemment on' such matters arising out of the administratien of- this ad a,s ii\y be referr, to ,it by that gov~rnme~j ~d~ ~""ri relating _ tq the application of the awo~t of cells or of, aq)' ~, 10 moneys referred to in, section 3, (2) eacjt advisory committee shall, con~l!~ of s\,lc,h n1,ll'jl~e~ of persons as may be appointed to it by t~e central, govern:qle~t ~, the members shall be chosen in such manner as may be prescribed by rules made under this act: is provided that each advisory committee shall include an equal ll,wnhel' of members representing government, the owners of iron ore mines and worlqnen employed in th,e iron, ore mlrung, industry and thrjt at least one member of each su~h coqtiw,ttee sh,~t b~ a woman 20 (3) the chairman of each ad,visory committee sh,u be appointed by the central government (4) the central government shall publish in the official gazette the names of all members of the advisory committ~ 5 (1) the central governmentmay appoin~ in~~qn, welfart'! !~:i:!d 25 administrators and such other officers and staff as it: ~ ~ry powon of for the purposes of this act itaft' (2) every person so arpqinted shall be deemed to be d, p\lplic 45 er 1160 servant within the meaning of section 21 of the, indi/ltl pen~, code (3) any inspector or welfare administrator rnay,-30 (a) with such assistance, if any as he thbaks fit, enter at any reason,ble tiqle, any pla~e, which, he ,coi;ls~4e~~, it n~cessary to enter for carrying out the pufpo$el!i of th,ilj act, an,d (b) do within such place anytqing necessary for the proper discharge of his duties 3s 6 notwithstanding anything hereinbefqfe contained in t~s, a,ct, power "r if th~ central government is satisfied that there is in, fol'ce, in any ~~nt state or part thereof a law making adequate provision for the finan- to exempt cing of activities to promote the welfare of labour employed in the iron ore mining industry, it may, by ,notification in the official 40 gazette, direct that all or any of the provisions of this act shall not apply, or shall apply to such state or part subject to such exceptions and modifications as may be specified in the notification arnuai report of activitiel fidadced under the act 7 the central government shall, as soon as may be, after the end! of each financial year cause to be published in the official gazette a report giving an account of its activiues financed under s this act during the previous financial year, together with a statement of accounts  , power to make iulel 8 (1) the central government may, by notification in the official gazette and subject to the condition of previous pubucation, make rules for carrying into effect the purposes of this act 10 (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide :for-(a) the assessment and collection of a cess levied under this act; (b) rthe determination of the cost of  collection of the cess; is (c) the manner in which the amount of the cess and other moneys, if any, may be applied on the measures specified in section 3; (d) the conditions governing the grant of money under clause (b) of section 3; 20 (e) the standard of welfare facilities to be provided by owners of iron ore mines for the purposes of clause (c) of section 3 and the amounts referred to in sub-clause (ii) and proviso of that clause; (f) the composition of the advisory committees constituted 2s under section 4, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the advisory committees thail conduct their business; (g) the recruitment, conditions of service and the duties of 30 all persons appointed under section 5; (h) the furnishing by owners, agents or managers of  iron ore mines, of statistical and other information (3) in making any rule under this section, the central government may direct that a breach thereof shall be punishable with fine 35 (4) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule  statement of objects and reasonstile hv~g condi~ions of labour employed in the iron, ore, minina" itwr~~y are- nqt sati~~wry a wor~ng group set up in 1956, which, included representatives of employers and w:orkers, while commenting on the unsatisfactory labour conditions, in, tnil:la sur  veyed by them, recommended that a welfare fund financed by a special cess should be set up on the pattern of the coal mines labour welfare fund or the mica ,mines labour welfare fund this recommendation has also been supported by the tripartite industrial committee on mines other than coal, which included representatives of state governments it is not- the intention to take over completely the responsibility of the employers in the matter of provision of welfare facilities, but it is proposed to levy a cess on all iron ore produced and to u~ilize the proceeds of the cess for providing labour employed in the iron ore mines with welfare facilities comparable to those now being provided in the coal and mica mines the bill seeks to give effect to these proposals g l nanda new delhi; the 21st november, 1961  financial: memorandum-clause 2 of ,the bili 'provides for the levy of 'a cess at such· rate-not er~eding '50naye 'paise' per metric tonne of iron ore j)i'bciiooed,1as the eentral government may 1be front time to time ]tis expeeted tftat the' cess at the maximum rate of 50 naye paise per metric t(lithe' villi yield about rupees forty lakhs per 8nrum after meeting the expenses ineurred on advisory committees, etc, the balance will be utilized subject·to ,'appropriatien by parliament, on the objects' sptdfted in ciause 13 6f the bill  memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying into effect the purpqses of the act matters in respect of which such rules may be made are specified in that clause they inter alia relate to the collection of the cess and the determination of the cost of such collection, the manner in which the amount of the cess is to be applied, the conditions governing the grant of moneys to state governments, etc, in aid of any approved schemes, the standard of welfare facilities to be maintained by mine managements for purposes of obtaining grants and the limits to be imposed on such grants, and the composition of the advisory committees rules made under this clause may also provide that a breach of any such rule shall be punishable with fine the scope of clause 8 is thus limited to matters of procedure or detail and the delegation is of a normal character  a billto provide for the levy and collection of a cess on iron ore for the financing of activities to promote the welfare of labour employed in the iron ore mining industry the president has, in pursuance of clauses (i) and (3) of article 117 and clause (i) of article 274 of the constitution of india, recommended· to lok sabha the introduction and cod$ideration of the bill m n kaul, secretary (shri gulzarilal nanja, minister of labour and employment) 