to lok sabha -g clr~!g'(,·nla for '~onstitution" ~ 't:ontinuation" for 'tov-a'i'ulent" 1: ~ad l~verilllent it ------- (to be/as introduced in 10k sabha) mit dji'u-li; 1 rase 2, in the marginal heading to clause 6,-th"-~ gcal min~ labcj1 \elfi~~;;' ?un) (i1zi'eal) biu, 1966 2 page 4, line 29,-  _ no 43 01 1'86 t~ coal· mines labour welfare fund (repeal) bill, 1986 a billto repeal the c-oal mines labour welfclre fund act, 1947 clnd to provide for certclin mcltters incidentul thereto bii it enacted by parliament in the thirty-eeventh year of the ri!l'ublic of india as follows:-1 (1) this act may be called the coal mines labour· welfare fund shojt (repeal) act, 1988 tftie and 5  (2) it shay come into force on such date as, the central governmen~ ment may, by notilication ~ the oftlcial gazette, appoint  deftni  tiollll:' ~   2 i~, thi~ act, ~ the context otherwise requires,-"(c) "the al:t" dl8uj8 the coal mines labour welfare fund  act, 1947;, 3201 19, 10 -':": '(,' ', (b) ~rappoin~ d~y'; fueans· the d~te o~ which 'tm~ ~~ ~m~ in,tq force;  ' '  ~ -,  (c) "housing board" meana -tbe·'·coal- 'nines~ur hou, board constituted under section 6 of the act , 3 on the appointed day, the coal mines labour welfare fund act, 1947 shall stand repealed, and the coal mines labour housing board shall stand dissolved 'repeal of act 32 of 1947 and dissolution of housing board 4 on the dissolution of the housing board,-consequential provisions (a) all rights and privileges of the housing board shall become 5 the rights and privileges, respectively, of the central govemm~nt; (b) all properties, movable and immovable, including cash balances, reserve funds, investments and moneys lying to the credit of the housing board and au rights and interests in, or arising out of, such properties as were immediately before the appointed day,in the 10 owners~p, possession, power or control of the housing board, and all books of account, registers and recorda and all other documents of whatever nature relating thereto, shall vest in the central govern- ' ment; (c) all borrowings, liabilities and obligations of the housing 15 board of whatever kind and subsisting immediately before the appointed day, shall be deemed on and from such day to be the borrowings, liabilities and' obligations, as the case may be, of the central government; (d) all contracts entered into, and all matters and things engaged 20 to be done by, with or for, the housing board and subsisting immediately before the appointed day shall be deemed, on and from such day to have been entered into or engaged to be done by, with or for, the central government; , (e) all licences and permits gr~ted to the housing board and 25 in force immediately before the appointed day shall be deemed on and from such day to have been granted to the central government and shall have effect accordingly power of centnl government to curect veetlng of rights in government company 5 notwithstanding anything contained in section 4, the central g0-vernment may, if it is satisfied that a government company is willing so to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by an order in writing, that the right, title and interest of the housing board in relation to any property shall, instead of continuing to vest in it, vest in the government company (hereinafter referred to as the government company) either 35 on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the direction, and on such vesting, the uability or obligation, as the cue may be, of the housing board, in relation to such property shall, instead of continuing to be the pability or obligation of the central government, 40 become the liability or obligation, as the case may be, of the government coonpany ~ codsti tutlon of iuits, etc, ,at the cod-tral govern ment 8 (1) if, on the appointed day, any 8uit,- appeal or other p~g of whatever nature in relation to the housing board is pending by or against such board, the same shall not abate, be c:uscontinued or be in 45 any way prejudiclally affected by reason, of the d~lution of the housing board; but the suit, appeal or other proceeding may be continued, pr0-secuted and enforced by or against th,e central government or the goevernment company, as the case may be (2) where,before the' appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the housing board, and the institution of any suit or proceeding on such cause' of action or the filing of tluch appeal was 'not- barred ~ore the 5 appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the central government or the :novemment company as the case may be 7 on the appointed day, all moneys and cash balances lying in the credit of the housing account and the general welfare account of the coal 10 mines labour housing and general welfare fund constituted under section 4 of the act, shall become part of, and be credited to, the consolidated fund of india moneys, etc, of the fudd to be credited to the consou-dated fund of indil 8 notwi~hstanding the repeal of the act, the proceeds of duty levied before the appointed day under section 3 of the act,-collection and payment of arre  of duty 15 (i) if collected by the collecting agencies but not paid into the reserve bank of india; add (ii) if not collected by the collecting agencies,-shall be paid or, as the case may be, collected and paid idte the reserve bank of india for being credited to the cod80lidated 20 fund of india  ~  statement of objects and reasonsthe coal mines labour welf~e fund 'act, 1947 was enacted in the year 1947 when the coal mines were almost entirely in the priva~ sector it principally provides for th~ levy and colle::tion of a duty of excise, as a cess, on all despatchea qf coal and coke and for utilising the proceeds of the cess for the welfare, of the labour employed in the coal mining industry by providing housing, water supply, medical, educational, recreational and transport facilities the w'oceeds of the cess constituted a fund called the coal mines labour housing and general welfare fund - which is apportioned under two separate accounts, namely, the hou'sing account and the general welfare account the act also provides for the constitution of a coal mines labour housing board to prepare and carry out schemes financed from the housing account and other works to be financed from the general welfare account of the fund 2 raising funds through a cess, for various measures of labour welfare under the act was conceived when the coal mines were in the private sector and the' private sector did not attach much importance to the welfare qf miners ,3 with the nationalisation of the coal industry in 1973, the context has materially changed and the coal companies in the public sector have rlssumed respoll'8ibility for looking after the welfare of their emp!oyees it is, therefore, proposed to repeal the coal mines labour welfare fund act, 1947 and thereby to abolish the levy of cess under the act consequent on such repeal, it is also proposed to dissolve the housing board established under section 6 of that act on such dissolution of the housing beard, it is also proposed to vest all the assets, rights, liabilities, obligations, etc, of the howing board in the central government and furth~ to empower the central government to vest such assets, rights, liabilities, obligations, etc, in a covernment company 4 the bill seeks to achieve the above objects nsw delhi; , vasant sathe the 11th march, 1986  president's recommendation under article 117 of the constitution of india[copy of letter no 1l02111185-csw, dated the 24th march, 1986 from shri vasant sathe, minister of energy to the secretary-general, lok sabha] the president of india, having been informed of the subject matter of the bill to provide for the repeal of the coal mines labour welfare fund act, 1947 and for matters connected therewith, reeommends the introduction of the bill in lok sabha under articl~ 117 (1) of the cons· titution of india  a billto repeal the coal mines labour welfare fund act, um7 and to provide for certain matters incidental thereto (shri vas_ sathe: jlmibter 01 hergy) 