,am no jaz of 1t70 the labour provident fund laws (amendment) bill, 1970  a billfurther to amend the coal mines provident fund and &nw schemes act, 1948 and the employees' provident funds act, 1952 be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 (1) this act may be called the labour provident fund laws short (amendment) act, 1970 title and commence-s (2) it shall come into force on such date as the central government ment may, by notification in the oalcial gazette, appoint and dt1ferent dates may be appointed for different provisions of this act 2 in the lollg tule to the coal mid:es provident fund and bonus amendment of long title ol8 of 1948  schemes act, 1948 (hereinafter referred to as the coal mines act), after 10 the words ''provident fund scheme", the words ", a family pension scheme" shall be inserted 3 in the preamble to the coal mines act, the first paragraph shall 'be omitted amendmentof preamble 4 in sub-section (1) of section 1 of the coal mines act, after the words "provident fund", the words ", family pension" shall bl~ inserted amendment of section 1 5 in section 2 of the coal mines act, after clause (e), the following s clause shall be inserted, namely:-amendment of section 2 - (ee) "family pension fund" means the family pension fund established under the coal mines family pension scheme framed under sub-section (1) of section 3ej'  6 in section 3a of the coal mines act,-amendmentof section 3a (a) in sub-section (3), after the words "the board shall", the words, figure and letter ", subject to the provisions of section 3e," shall be inserted; (b) in sub-section (4), for the words "the scheme aforesaid", the words "the coal mines provident fund scheme and the coal mines is family pension scheme" shall be substituted amendmentor section 3c 7 in sub-section (3) of section 3c of the coal mines act, after the words "coal mines provident fund scheme", the words "and the coal mines family pension scheme" shall be inserted 8 after section 3d of the coal mines act, the following sections shall ac be inserted, namely:-insertion of neon' sections 3eand 3f coal mines family pellsion scheme "3e (1) the central government may, by notification in the official gazette, frame a scheme to be called the coal mines family pension scheme for the purpose of providing family pension and life assurance benefits to such employees as are covered by the coal mines zs provident fund scheme (2) there shall be established, as soon as may be, after the framing of the aforesaid scheme a family pension fund into which shall be paid from time to time in respect of every such employee-(a) such sums not exceeding one-fourth of the amount pay- 30 able under sub-section (1) of section lod as the employer's contribution as well as the employee's contribution, as may be specified in the said scheme, and (b) such sums, being not less than the amount contributed by the employer in pursuance of clause (a) to which shall be 35 addecl a further sum equivalent to one-sixteenth of the amouat payable under sub-section (1) of section lod as the employer's sontribution, as the central government may, after due appropriation made by parliament by law in this behalf, specify (3) the family pension fund shall vest in and be administered 40  by the board (4) any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the second schedule special grant by central government 3f the central government shall, after due appropriation made s by parliament by law in this behalf, pay such further sums as may be determined by it into the family pension fund to meet the expenses ineurred in connection wuh the administration of the coat mines family pension seheme not includijii therein the cost of an)' benefits provided by or under the said scheme" 10 9 in sub-section (2) of section 5 of the coal mines act, for the words "second schedule", the words "third schedule" shall be substituted 10 in section 8 of the coal mines act, after sub-section (2), the following sub-section shall be inserted, namely:-amendmentol section • amendmentol section 8 ii (3) the provisions of sub-section (1) and sub-section (2) shall, is so far as may be, apply in relation to the family pension or any other amount payable under the coal mines family pension scheme as they apply in relation to any amount payable out of the fund" 11 the second schedule to the coal mines act shall be re-numbered as the third schedule and before the third schedule as so re-numbered, 20 the following schedule shall be inserted, namely:-insertion of new second schedule  "the second schedule (see section 3e) matters to be provided for in the coal mines family pen3ion scheme1 the employees or class of employees to whom the coal mines 2s family pension scheme shall apply and the time within which option to join that scheme shall be exercised by those employees to whom the said scheme does not apply 2 subject to the provisions of section 3e (2), the portion of employer's and employees' contribution which may be credited to the 30 family pension fund 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 3s 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with  any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5~ per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the canceliation or variation of such nomination 40 7 the registers and records to be maintained in respect of employees, the form or design of any identity card, token or disc for the purpose of identifying any employee, or his nominee or a member of family entitled ro receive the pension  8 the scales of family pension and the assurance amount_·9 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 the manner in which the expenses incurred 1n comleetion with 5 the adrtifhlstration of the coal mines family ~sion s~heme ·be paid by 'the-'cettttlal government to the~rd of trustees 11 any other matter which is to be provided for in the coal mines p'afrl11y pension sch~me or which may be necessary or proper for the purpose of tml'lementlng the coal mines family pension 10 scheme" 12 in the long title to the employees' provident funds act, 1952 19 ot 1952 'hereinafter referred to as the provident funds act), atter the words i'provident funds", the words "and fatnily pension fund" shall be inserted amendment of long title 13 in section 1 of the provident funds a-ct,-is amendment of 8pction 1 (a) in sub-section (1), after the words "provident fullds", the words "and family pension fund" shall be inserted; (b) the proviso to sub-section (5) shall be omitted 14 in section 2 of the provident funds act,-amendment ot section' (a) after clause (g), the following clauses shall be inserted, 20 nrmely:-'(gg) ''family pension fund" means the family pension fund established under the family pension scheme; (gag) "family pension scheme" means the employees' family pension scheme framed under section 6a;'; 25 (b) for clause (1), the following clause shall be substituted, nan'i~jy:-'(1) "scheme" means the employees' provident funti scheme framed under section 5' amendment ot section 6a 15 in section ~a of the provident funds act,-30 (a) in sub-section (3) , after the words -"the central board shall", the words, ftgure and letter "subject to the provisions of section 6a," shan be inserted; (b) in bub-section (4), after the words clof the seheme", the words "and the family pension ~cheme" shall-be mserted 3s 18 in bub-section (3) ofse<rtion 5d of the provident li'wlds act, after the words "the scheme", the words "and the family pension scheme" shall be inserted amendmentol section lid 17 in section 5e of the 'provident funds act, after the words "the scheme", the words "and the famfly pension scheme" shall be inserted 40 amendment of section 6e 18 after section 6 of the provident funds act, the following sections shall be inserted, namely:-insertion of new sections 6aand6b employees family pension scheme 5 "6a (1) the central government may, by notification in the official gazett~, fratpe a scheme to be called the employees' family pension scheme for the purpose 'of providing family pension and life assurance benefits to the ~mployees of any establishment or class of establlshments to whicb this 'act appli~s (2) there shall be established, as soon as may be, after the framing of the family pension scheme, a family pension fund into which 10 shall be paid from time to time in respect of every such employee-(a) such sums not exc~eding one-fourth of the amount payaqle under section 6 as contribution by the e:mployer ~s well as the employee, as may be specified in the family pensiojl $cpeme, (b) such sums as are payable by the employer of an exempted is establishment under sub-section (6) of section 17, and (c) such sums, being not jess than ~e qaomjlt coqtributed by the employer in pursuance of dause (a), as the central govet1ljmllt may, ·fter due appropriatien ldilde by parliament by law in tlris behalf specify 20 (3) the family pension fund shall vest in and be administered by the central board (4) a family pension scheme may provide for all or any of the matters specified in schedjlle iii (5) a family pension scheme may provide that any of its pro-25 visions shall take effect either prospectively or retrospectively on such date ~s may be specified in this behalf in that scheme 30 special grallt by the central government 88 the central government shall, after due appropliation made by parliament by law in this behalf, pay such further sums as may be determined by it jpto the family pensi,qn f\lud to meet the expellhl incurred in conneetion with the administration of the family '88ion stw,~ _ ~iq t~",ein the caat ef an, beneftts pro-vwm jy orauuler ",d scheme" amendment of section 7 j 19 in sub-section (1) of section 7 of the provident funds act, for the words "any sch,eme framed under i1:his act",thewords ",the scheme or 3s the family :pellfjion scheme, as the case may ·be" shall be substit\rted amendment at section 7a 20 in sub-section (1) of section 7a of the provident funds act, for the words "or of the scheme", the words "the scheme or the family pension scheme, as the case may be," shall be substituted amendment of section 8 21 in clause (b) of section 8 of the provident funds act for the 40 words ·and figures '~under sqction 17",tbe words and~res "under section 17 or in tel\pect of the contribution payable by ·him towards the family pension scheme under the said section 17" shall'be substituted 22 in section 10 of the provident funds act, after sub-section (2) i the following sub-section shall be inserted, namely:-ament!-ment of section 10 "(3) the provisions of sub-section (1) and bub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under the family pension scheme as they apply in s relation to· any amount payable out of the fund" amendment of section 11 23 in clause (b) of section 11 of the provident funds act, after the words "under the rules of the provident fund,", the words, figures and brackets "any contribution payable by him towards the family pension fund under sub-section (6) of section 17," shall be inserted 10  24 in section 13 of the provident funds act,-amendment of section 13 (a) in sub-section (1), for the words "or of any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) sub-section (2a) shall be re-numbered as sub-section (2b) j, and before sub-section (2b) as so re-numbered, the following subsection shall be inserted, namely:-u(2a) any inspector appointed under sub~ection (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with the family pension scheme or 20 for the purpose of ascertaining whether any of the provisions of this act or of the family pension scheme have been complied with in respect of an establishment to which the family pension scheme applies exercise all or any of the powers conferred on him under clause (a), clause (b), clause (c) or clause (d) of:2 s sub-section (2) "; (c) in sub-section (28) as sore-numbered, after the words, bracket and figures "under sub-section (2)", the words, brackets, figure and letter "or under sub-section (2a), as the case may be," shall be inserted 30  25 in section 14 of the provident funds act,-amendment of section 14 (a) in sub-section (1), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted; (b) in sub-section (2), for the words cia scheme framed under 35 this act", the words "the scheme or the family pension scheme" shall be substituted; (e) in sub-section (3), for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted 40  26 in section 14a of the provident funds act,-amend! mentof section 14a (a) in sub-section (1) for the words "or the scheme made thereunder", the words lithe scheme or the family pension scheme" shall be substituted; -, · (b) in sub-section (2), for the words "or the scheme thereunder', the words "the scheme or the family pension scheme" shall be substituted 27 in section 17 of the provident funds act, after sub-section (5), the s following sub-section shall be inserted, namely:-amendment of section 17 10 "(6) notwithstanding any exemption granted under this section, the employer of an exempted establishment to which the provisions of the family pension scheme apply, shall pay to the family pension fund such portion of the employer's contribution as well as the employee's contribution to its provident fund as may be specified in the family pension scheme" 28 in section 18 of the provident funds act, for the words "or under any scheme", the words "the scheme or the family pension scheme" shall be substituted amendment of section 18 amend ment of section 19 29 in section 19 of the provident funds act, for the words "or any is scheme", the words "the scheme or the family pension scheme" shall be su bstitu ted 30 after schedule ii to the provident funds act, the following schedule shall be inserted, namely:-insertion of new schedule iii  20 schedule iii [see sectj()n 6a (4)]matters for which provision may be made in the family pension scheme 1 the employees or class of employees to whom the family pension scheme shall apply and the time within which option to join that scheme shall be exercise d by those employees to whom the said 25 -scheme does not apply 2 subject to the provisions of section 6a (2), the portion of employer's and employee's contribution which may be credited to the family pension fund 30 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made 35 4 the manner in which the account shall be kept, the investment of moneys belonging to the family pension fund in accordance with any directions issued or conditions specified by the central government, and the rate of interest, not being less than 5 per centum per annum, payable on such investments 5 the form in which an employee shall furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount due to the employee after his death and the cancellation or variation of such nomination 7 the re~ters and records to be maintained in respect of empleyees, the form or design of any identity card, tgken or disc for the purpose of identifying any employee, or his nominee or a member of family entitled to receive the pension 8 the scales of family pension and the assurance amount 9 the manner in which the ex-empted establishments have to pay the contributions (both employers' and employees' shares) 5 towards the family pension fund and the submission of returns relating thereto 10 the mode of disbursement of family pension and the arrangements to be entered into with such disbursing agencies as may be specified for the purpose 10 11 the manner in which the expenses incurred in connection with the administration of the family pension scheme be paid by the central government to the aoard of trustees 12 any other matter which is to be provided for in the family pension scheme or which may be necessary or proper for the purpose 15 of implementing the family pension scheme" 31 in section 44 of the life insurance corporation act, 1956, after clause (f), the following clause shall be inserted, namely;-amendment of act 31 of 1956 "(g) any family pension scheme framed under the coal mines provident fund and bonus schemes act, 1948 or the employees' 20 48 of 1948 provident funds act, 1952 for the purpose of providing family pen-19 of 1952 sion and life assurance benefits to the employees covered by the said scheme  the coal mmes provident fund 'and bonus schemes act, 1948 and the ~mploy~s' provident funds act, 1952 provide"for the institution of protrident funds for employees' in coal mines, factories and other establlshnlents provident fund is an effective old~age and survivorship benefit, but when the employee happens to die prematurely, the accumulations in the provident fund are too small to render adequate and long-term protection to his family' with a view t6 providing long-term financial security to the families of industrial employees in the event of their premature death, it is proposed to introduce a family pension scheme for the employees covered under the two acts, and to create a family pension fund for this purpose by diverting a portion of the employer's and the employees' contributions to the provident fund, to which will be added a contribution by the central government out of the fund so set up, it is proposed to pay family pension at prescribed scales to the survivors of employees who die while in service before reaching the age of superannuation besides family pension,a compulsory life insurance benefit of rs '1000 will also be payable to the survivors of the employees in the event of death in service in the case of retirement, a lumpsum payment up to a maximum· of rs 4000 will be made to the employee depending upon the length of his service the terms and conditions for the grant of family pension will generally be the same as those applicable ~g the celltral government employees the benefits payable under the family pension scheme will be in addition to the payments due to the employees  from the provident fund 2 the proposed scheme of family pension will be administered by the board of trustees, coal mines provident fund in respect of members of the coal mines provident fund, and by the central board of trustees, employees' provident fund, in respect of the employees of establishments covered by the employees' provident funds act; 1952 the cost ot administration'of the family pension scheme in each case will be borne by the central government  '   " -, 3· the bill seeks to amend suitably the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds act, l~:l in order to achieve t~ese objectives d sanjivayya nsw dj:lbi; the23rd november, 1970 • · •• ,  'o ' \ prlsm:nrt"s becommendatiol'f under article 117 of  nre   "'  cpnstitution· of india [copy of letter no 16/1/70-pfii <vol it), c;iatedthe27th november, 1170 from shri d sanjivayya, minister of· labour, and rehabilitation to the secretuy, lok sabha] the president of india having been informed of the' subject matter of the above-mentioned bill has, in pursuance of clause (1) of article 117 of the constitution, recommended the introduction of the said bill in the lek sabha clauses 8 qld 18 of the am envis",,~ c;qnstit"tiqn,oleam~ aedlien funds tor the workers cqvered wldar the cci)alminescetavldenteluuleru:t bonus schemes act, 1948 and the employ,ees'p,rovident,funds act, 1952 by diversion of a portion of the employer's and the emplqyeae' contribu-tions to the provident funds; to which wiube added a contrib"tion b¥ the central government it has been prl)pojed thattbe contributions ot the employer, employees and the centril government to the family pension funds may be asshown below-(1) aal miiltlprovjdeahl-l : (a) jilhp~r 11% ofp, i~o of,y (it) bldplo,ee (e) centrll goven ment " 1 te;o of pay (2) junpjoyee' providf!dt i' : i~of'h) (ii) el1lplo,cr (6) bmplormi (c) ccaualooyblllalio;lt l"",ofp~· 2 clauses 8 and 18 of the blll also envisagfi! that the cost qfatlmiujitration of the fltnlly pension fund scheme will be paid by the central gowlllblfiiatl 3 the coal mlnes provident fund and bqlui8 s~mmes act, 1948 is app'li~able ttl about 4 lilths of employees in coal mines 'the equayeea' prbvldent fund$ at!\, 19&2is at pret~~b1e to abmlt55jakhi·a1 empltjyees ~)tlstlha n'lemb~i of th~ ~oa1 ·,miaaes pmvictert r1idd udl the employ-eea 01 &stlbu!;hrn~nts already c:oven:d bytb tnqlgym'l' provident funds act will be given option to come over to the family peneion ~i_ orctajtbn1illile"ui'uier··pwlili1ieut>i'ad"shtint-·rsek it u' ejllledtdidiat'f6':pfji',  t d ,otj tbe,empio)lml8 6lfeatl,  11' • \iftdt!t the two acts will opt for the famlty  me but the' p6t1tibili~ of l00-pei\ ~t • mtloyees opting for the family pension scheme cannot be ruled out  4 assuming that 75 per cent of the emplo~ ~ uft~ the coal mines provident fund and bonul~&h=e,act,aluithl~ preyldent fuhds a'ct opt for the flmlly ~i\libn scheme, the annual financial liability of the clfttral ~ent 1iftd«msequent expenditure from the consolidated fund of incu  hasb~n estimated as under:-(i) ==i:l1=~m=: (ii) centrll government codtributioft to the peaaioo fund at the rate of if% of ply (%) employees covered under the emph,yee· provident fund act: ~) e~i-(}gvermnent·eontrlbutlon to the 'pens ion pu;'l at the rat~ of 1 i% of ply (~ coat·fif adjftinimatioir if, however, 100 ~r cent employees covwed unclei' the coal minet provicteftt fund and' bonus schemes act and the' emp!qyetts'provident funds act opt for the family pensi'an scheme the annual ftnanclal liqtiulty of the central government and coilleqjlen~ expenditure from the c0ns01i<!ated'1"und of 1hdi, will b~ as under;-(j) ~yeu""""'''r:thcia''l mines·jtro9i'lllm:1'udd -lji>nis ~ ~ : () employqs~ned ua tit 881'10,· pro9id  p~:isact: (til c~tral g'w:mm~tcontribatlan to the plllliollhnci it 11% of ply, (~·g  ltr· __ s1rtten the uabilityof the central  govemment in respect' of employees eavered under the employees' provident funds act will increase proportionately with the expansion of coverage of the act enote-about 4 per cent of the cost of administration represents nonrecurring expenditure  memorandum regarding delega'j'f,:d legislation the nraw section 3e of the coal mine~provideni fund and bonus schemes act', 1948, proposed to be inserted under clause 8 of the bill, seeks to empower the central government to frame the coal mines family pensiop scheme for the purpose of providing family pension and life assurance benefits to the employees covered by the coal mines provident fund scheme  under clause 18 of the bill, a corresp,onding provision is being made in the new section 6a of the employees' provident funds act, 1952 for providing similar family pension and life assurance beneiits to the employees of establishments or 'class of esta1:) lishments to which the said act applies under the family pension schemes which will be framed by the central government; the various matters which are to be provided therein, are enumerated in the new second schedule proposed to be inserted in the 1948-act under clause 11 of the bill and in new schedule iii proposed to' be inserted in the 1952,-act unqer clause 30 of the bill it is' clear jpat t,he provisions to ~ ,!pj!d~jn,_tna family pension scheme under both the statutes, referred to" ~bove, will c~n~~n matters of detail and day-ta-day working, eg, the ~mplqyees_or class of employees to which the schemes shall apply, the portion of employer's and employee's contribution to be credited to the family pension funds, the contrib1!tionto be made by the central government towards the fund, the scales of family pension and the assurance amount to be paid to the ~mplo~es and,the ,mode of dis,bursement thereof, arid other like matters  , '   ,2 the delegation of legislative powers is, thus/ 'of, a normal character -    annexure ~c'l's nom tid coal mines provident fund and bonus schd08 ac:r 1948 (46 of 1948)an act to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines whereas it is expedient to make provision for the framing of a provident fund scheme and a bonus scheme for persons employed in coal mines; - - - - - short title and extent 1 (1) this act may be called the coal mines provident fund and bonus schemes act, 1948 - - - - - 3a (1) - - - - (3) the board shall administer the fund vested in it in such manner as may be specified in the scheme aforesaid constitution of board of trustees (4) the board shall perform such other functions as it may be required to perform by or under any provisions of the scheme aforesaid - - - - - 3e (1) - - - - appoint_ ment of officers (s) subject 110 the provisions of lub-sections (1) and (2), the board may appoint such other officers and employees as it may consider neces-iiu'y for the efficient administration of the coal mines provident fund scheme - - - - - - - - - - coal mines bonua scheme i (1) - - - - - (2) a scheme framed under the provisions (if sub-section (1) may prov'lde for ill or any (if the matters specified in the second schedule - - - - - | short      ||------------|| extent and || applica-   || tion      |exftac'i's ntom !'hz employhs' pjtovment p'un1)tii act, 1952 (19 of 1952) an act to provide for the institution of provident funds for employees in fllctorie and othe-r establishments - - - - - 1 (1) this act may be called the employees' provident funds act 1952 - - - - - (5) an establishment to which this act applies shall continue to be pemed 'by this aet notwithstanding that the number of persons em· pleyed therein at any time falls below twenty: provided that where for a continuous period of not less than one year the number of persons employed therein has been less than fifteen, the employer in relation to such establishment may cease to give effect to the provisions of this act and any scheme framed tliereunder, with effect from the beginning of the month following the expiry 'af  the -said- period of one year, but he shall, within one month of the date of such cessation, intimate, by registered post, the fact thereof to such autho'rity as may be specified by the appropriate government in this behalf definitions z in this act, unless the context otherwise requires,-- - - - - (l) "scheme" means a scheme framed under this act - - - - - sa (1) - - - - central board (3) the central board shall administer the fund vested in it in such manner as may be specified in the scheme (4) the central board shall perform such other functions as it may be required to perform by or under any provisions of the scheme - - - - -   , appoin~­mentof officers sd (1) - - - - , (3) the central board may appoint such other officers and employees' as it may consider necessary for the efficient administration·' of the seheme ' - - - - - dele,ation modibtiono! scheme determination of money due from em ployers mode of recovery of-moneys du from employers 5e the central board may, with the prior approval of the central government and a state board may, with the prior approval of the state government concerned, delegate to its chairman or t<1 any· of its of'llce!'8,' subject to such conditions and umftatlons, if any, as it may specify, sueltl" of its powers and functions under this act as it may deem necessal"1tor' the efficient administratien of the saheme - - -  - 7 (1) the central government may, by notification in the· oftieial gazette, add to, amend or vary any saheme framed under tbis ad - - - - - 7a (1) the central provident fund commissioner, any deputy provident fund commissioner or any regional provident fund commissioner may, b~ order, determine the amount due from any employer ul'l<:ier any provisioft of this act or of the scheme an1i'b this purttose mayeonduet such inquiry as he may deem nfioessat'y - - - - - 8 any amount due-- - - - - (b) from the employer in relation to an exempted establishment in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of thitl act or under any of the conditions specified under section 17, may, if the amount is in arrear, be r~overed by the appropriate ,government in the same manner as an arrear of land revenue  - - - - - prlorltyor >':11: wbt!tea~y employer is adjudicated insolvent or, beine a compahy, ~ ordet: f?r wmding up is made, the amount due-·    - pa~medt of eontributionl over other debts (b) from the employer in relation to an exempted establishment in respe~t of any eontrlbution to the provident fund (in 80 far as it relates to exempted employees), under th~ rules of the provident fund, damages recoverable under section 14b fir any charges payable by him to the appropriate government under any provision of this act or under any of the conditiolul·specifted under section 17, tot 1909 5 of 1920 '1 of 1913 shall, wh~re the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolveqcy act, 1909 or under section 61 of the provincial insolvency act, 1920 or under section 230 of the indian companies act, 1913 are to be paid in priority to au other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be - - - - - 13 (1) the appropriate government may, by notification in the official inipfictors gazette, appoint such persons as it thinks fit to be inspectors fut the purposes of this act or of any scheme, and may define their jurisdiction - - - - - 5 of 1898 (2a) the provisions of the code of criminal procedure, 189,8 shall, so far as may be, apply to any search or seizure under sub-section (2) 811 they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code - - - - - 14 (1) whoever, for the purpose of avoiding any payment to be made penalties by himself under this act or under any scheme or of enabling any other person to' avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extemd to one thousand rupees, or with both (2) a scheme framed under this act may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both -  - -  (3) no court shall take cognizance of any offence punishable under this act or under any scheme except on a report in writing of the facts constituting such offence made with the previous sanction of such authority as may be specified in this behalf by the appropriate government, by an inspector appointed under section 13 offences by eompani_ 14a (1) if the person committing an offence under this act or the scheme made thereunder is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for tile conduct of the business of the company, as well as th:' company, shall be deemed to be guilty of the offence and shall be liable to be proceeded a,ainst and punished accordinily: provided that nothing contained in this ub-iection hali render any such person liable to any punishment, if he proves that the offence wu committed without hil knowledge or that he exercised all due diliaence to prevent the commisaion of luch oftence (2) notwithstanding anything contained in sub-section (1), where ad offence under this act or the scheme thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly  - - - - - 18 no suit or other legal proceeding shall lie against an inspector or any other person in respect of anything which is in good faith done or intended to be done under this act or under any scheme protection tor act done in ,ood faith dele,  tion of powers 19 the appropriate government may direct that any power or authority or jurisdiction exercisable by it under this act or any scheme shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also-- (a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state gove'"iuuent, al may be specified in the notification; and (b) where the appropriate government is a state g<1vemment, by such officer or authority subordinate to the state government as may be specified in the notification - - - - - a bill funher to amead the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds aa, 1952 (shri d sanjifjayya  minister of labour and rehabilitation) 