ilia •• "1171 "1  4 " e the labour provident fund laws (amendment) bltll, -i en,i  a billfurther to amend the coal mines provident fund cll~d bonus schemel aot, lt48, and the employees'provideut f"nds act, 1952   ;it ·erw:~ by pallliament in the twenty,a,ecou~ ~ear <1f the au~lu:,of llhlia  fquows:-j this act tpay be c~ued th,e labow' provident fund ,laws (amend short tnent) act, 1971 title s ,z •• in ·i;qe longtiue to the coalmilles pfovi~nt eun4 aj1d bonus amend f6 of 19f8 schemes act, 1948 (hereinafter referred to as the coal !4in~s ac:u , titer ment of the words "provident fund scheme", the words ", a family pension jon,tltle sche~' shall be inserted 3 in the preamble to th! coal mines act, the first paragraptl s~~ be amend 10 omitted ment of preal1jbjl  • in sueectlcm (l) of eeetion 1 ofthc coal mines act, ,tter the woi'ds '~proyidedt ·j"und", the words ", family ·pemien" shall be ~ted amend·  ment ·of  section 1 amendment of section 2 s  in section 2 of the coal mines ~ct, after clause (e), the following clause shall be inserte~, namely:-is c (ee) "family pension fund" means the family pension fund estabushed under the coal miaes family perwion seheme kamed under 8ub-section (1) of section 3e;' • in section 3a of the coal mines act,-amendm@!lt of ection 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 s words "the coal mines provident fund scheme and the coal mines family pension scheme" shall be substituted amendment of section 3c t in sub-section (3) of section 3c of the coal mines act, after the words "coal mines provident fund scheme", the wordll "and the coal mines family pension scheme" shall be inserted 10 8 after section 3d of the coal mines act, the following sections shall be inserted, namely:-insertion ot new aectionl 3e and 3f coal mines family pension 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 is assurance benefits to such employees as are covered by the coal mines provident fund scheme (2) there shall be established, as soon as may be after the framo , lng of the aforesaid scheme, a family pension fund into which shall ·'be paid from time to time in respect of every such employee-20 (a) such portion, not exceeding one-fourth, of the amount payable 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 aggregate of the amount 25 payable in pursuance of clause (a) out of the employer's ~ontribu­tion under sub-section (1) of section 10d and an amount equivalent to one-sixteenth of the employer's contribution under that sub-, section in respect of sueh employee, as the central govemment may, after due appropriation made by parliament by law in this 30 behalf, s~ify , (3) the family pension fund shall vest in and be administered 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 35 schedule speelal l1'ant by central government sf the central govemment shall, after due appropriation made by parliament by law in this behalf, pay such further sujimi as may be detennined by it into the family pension fund to meet all the expenses in ,connection with the administration of the coal mines family 40 pension scheme other than the expenses towards the cost of any beneftts provided by or under the said scheme" t in sub-section (2) of section 5 of the coal mines act, for the words "second schedule", the words clthird sched,ule',' shall be substituted amendment of lection i ~ 10 in section 6 of the coal mines act, after sub-section (2), the fol-amend lowing sub-section shall be inserted, nameiy: _ ment of section 8 5 ic (3) the provisions of sub-section (1) and sub-section (2) shall so far as may be, apply in relation to the family pension or any other amount payable under the coal mint:s f'amby 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 , , the following schedule shall be inserted, namely: -' inlertion of new second schedule to  "the second schedule (see section ag) mat'rers to be provideb for in 'the coal mines f' amity pension schem!1 the employees or class of employees to whom the coal mines family pension scheme shall apply and the time within which option 15 to join that scheme shall be exercised by those employees to whom the said scheme does not apply 2 subject to the provisions of, scetion 3e(2), the portion of employer's and employee's contribution which may be credited to the family pension fund and the manner in which it may be credited 20 3 the contribution by the central government to the family pension fund and the manner in which such contribution is to be made ' 4 the manner in which the accounts of the family pension fund shalj be kept and the investmi2nt of moneys belonging to the family 25 pension fund with the central government at a rate of interest which shall not be less than five and a half per centum per annum 5 the form in which an employee shan furnish particulars about himself and his family whenever required 6 the nomination of a person to receive the assurance amount 30 due to the employee after his death and the cancellation or variation of such nomination 7 the registers and records to he 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 3'5 of 'his family entitled to receive the pel\sion 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 40 10 the manner in which the expennes incurred in connection with the administration of the coal mines family pension scheme may b paid by the central government to the board h any othet matter wlu~k is to be provided' 'for in ~ coai mines family pension seh~e or which may be neeenaty or ·p1"'<er for the purpose of implementing the coal mines family pension 5 19 of ]952 schem~" it hi the lijhg title to the eniploy~s' provident flinds act, 1952 (hereb1after referred to as the provident funds act), after the words "l>rovident funds", the wordi "and family pension fund" shall be inserted amendment of ibnt tull! ft in seetion ldf the pi'dviderit funds ~ti-amendment «11 iectitsn 10 (a) in sub-section (1), after the words "provident funds", the words uand rarrtily pension fund" shall be inserted; 10 (b) the proviso to sub-section (5) shall be omitted amendment ot section 2 (a) after clause (g), the following clauses shall be inserted, ilamely:-- (gg) "family pension fund" means the family pehsion fund is established under the ramily pen~ion scheme; (ggg) "family pension scheme" means the employees' family paion 8eh4!'me ftamed under section saj'; (b) for clause (1), the following clause shall be substituted, nalrlely: -20 '(1) "scham\'e" means the empoloyees' provident fund scheme "-framed under seetion 5' amendment ot aection 5a (a) in sub-section (3), after the words "the central board shall", the words, figure and letter ", subject to the provisions of sectkm 6a," 25 ehall be inserted; (b) in sub-section (4), after the words "of the scheme", the words "and the family pension scheme" shall be inserted h ia imlb~section (i) of section 5d of the provident fliftds act, after the words "the ~heme"j the words "aud the famlly pension seheme" 30 shall be inserted amendment or section 5d ii oj , 'l!j in section de of the provident funds act, after the words "the scjtetne", the worcis "and the family pension scheme" shall be inserted 18 after section 6 of tile ·provident }o'unds act, the· following 'lectiorw shall be inserted, namely:,-35  "6a (1) the cehtral government may, by notification i in the oftlcial gazette, frame a scheme to be called the l!:znployeelf family pension scheme for the purpose of providing family pension ond life &siurance benefits to the employees of any establishment or class of establishments to which this ad appli~8 40 amendment of section 5e insertion of new sections 6a and &b emplofees' family pension scheme ,'- (2) there shall be established, as soon as may be after the fram-~ of the family pension scheme, a family pension fudd into which  ~al1 be paid from time to time in 1'espect of every such employee-(a) such portion, not exceedjng one-fourth, of the amou~t pay 5 able under section 6 as contribution by the employer as well sa the employee, as may be specified in the family pension scheme, (b) such sums as are payable by the employer of an exempted establishment under sub-section (6) of section 17, and (c) such sums, beijig not less thn the amount payable in ro puhiiiidge , clause (a) oiit of tbe employers eoatribution under 1lmi0d 6, lis ·die centra govemment may after due appropria don made ity parliament by law in this behalf, specify (3) the family pension fund shall vest in and be administered by the central board is (4) the family pension scheme may provide for all or any of the matters specified in schedule in (5) the family pension scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in that scheme special ,rant by central government 6b the central government shall, after due appropriation made by parliament by law in this beha", pay such further studs as may be determined by it into the family pensiod fund to meet all the expenses in ceanet!tioa with tile dmibistration of the family pedsion sdhmte other tlnm the expenses townls the cost ef any 'onuftts provided by or under the said scheme" 2s 19 in sub-section (1) of section 7 of the provident funds act, for the amendwords "any scheme framed under this act", the words "the scheme ment of or the family pension scheme, as the case may be" shall be substituted section 7 20 in sub-section (1) of section 7a of the provident funds act, for the 30 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 7a amendment of section 8 21 in clause (b) of section 8 of the provident funds act, for the words and figures "under section 17", the wordfl and figures "under section 17 or in respect of the contribution payable by him towards the family 35 pension scheme under the said section 17" shall be substituted 22 in section 10 of the provident funds act, after sub-section (2), the following sub-section shall be inserted, namely:-amendment ot section 10 "(3) the provisions of sub-section (1) and sub-section (2) shall, so far as may be, apply in relation to the family pension or any other 40 amount payable under the family pension scheme as they apply in relation to any amount payable out of the fund" amend· ment of metlon 11 23 in clause (b) of section 11 of the pl·ovident funds act, after the words "under the rules of the provident fund,", the words, brackets and figures "any contribution payable by him towitrds the family pension 45 fund under sub-section (6) of section 17," shall be inserted amendment of section 13 (a) in sub-section (1), for the words "or of any scheme" the words ie, the scheme or the family pension scheme" shall be substituted; (b) sud-section (2a) shall be re-numbered as sub-section (2b) s and before sub-section (2b) as so re-numbered, the following subsection shall be inserted, namely:-u(2a) any inspect·or appointed under sub"section (1) may, for the purpose of inquiring into the cori'ectness of any information furnished in connection with the family pension scheme or 10 for the purpose of ascertaining whether any of the provisions of this act ~r of the family pension scheme have been complied with in respect of an e3tabllshment to whith the family pension scheme applies, exercise all or any cf the powers conferred on him under clause (a), clause (b), clause (e) or clause (d) of sub-is section (2) "; (c) in sub-section (2b) as so re-numbered, after the words, brackets and figure "under sub-section (2) ", the words, brackets, figure and letter "or under sub-section (2a), as the case may be," shall be inserted 20 amendment of section 14 (a) in sub-section (1), for the words "or under any scheme", the words it, the scheme or the family pension scheme" shall be substituted; (b) in sub-section (2), for the words "a scheme framed under 25 this act", the words "the scheme or the family pension scheme" shall be substituted; (c) in sub-section (3), for the words "or under any scheme", the words ", the scheme or the family pension scheme" shall be substituted 30 amendmentor section 14a (a) in sub-section (1), for the words "or the scheme made thereunder", the words, "the scheme or the family pension scheme" shall be substituted; (b) in sub-section (2), for the words "or the scheme thereunder", 3s the words ", the scheme or the family pension scheme" shall be substituted (a) after sub-section (1), the following sub-section shall be inserted, namely: -40 amendment of section 1'1  ii (la) the central government may, by notification in the official gazette, and subject to such conditions as may be specified in the notification, exempt from the operation of all or any of the provisions of the family pension scheme, rnyestablishment if the employees of such establishment are in enjoyment of bene- 45 fits in the nature of family pension, and the central government 1s of opinion that such benefits are on the whole not less favourable to such employees than the benefits provided under this act or the family pension scheme in relation to employees in any other establishment of a similar character"; s (b) in sub-section (4) ,-(i) in clause (a), the word "and" occurring at the end shall be omitted; (it) after clause (a), the following clause shall be inserted, namely:-10 "(aa) in the case of an exemption granted under subsection (1a), with any of the conditions imposed under that sub-section; and"; (c) for sub-section (5), the following sub-sections shall be substituted, namely:-is ao "(5) where any exemption granted under sub-section (1), sub-section (ia) or sub-section (2) is cancelled, the amount of accumulations to the credit of every employee to whom such exemption applied, in the provident fund or the family pension fund of the establishment in which he is employed shall be transferred within such time and in such manner as may be specified in the scheme or the family pension scheme to the credit of bts account in the fund or the family pension fund, as the case may be (6) subject to the provisions of sub-section (ia), the employer of an exempted establishment or of an exempted employee of an establishment to which the provisions of the family pension scheme apply, shall, notwithstanding any exemption granted under sub-section (1) or sub-section (2), pay to the family pensionfund such portion of the employer's contribution as well as the employee's contribution to its provident fund within such time and in such manner 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" 3' shall be substituted 29 in section 19 of the provident funds act, for the words "or any scheme", the words ", the scheme or the family pension scheme" shall be substituted amendment of section 18 amendment of section 19 in 30 after schedule ii to the provident funds act, the following sche- benion 40 dule shall be inserted, namely:-of new schedule "schedule iii  [see section 6a(4)] matters for which provision may be made in the family pension schdu:1 the employees or class of employees to whom the family 45 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 s~ction 6a(2) , the portipn of employer's and employee's colltdibution which may be cfedited to the family pension fund and the manner in which it may be credited 3 the contribution by the central government to the family pension fund and the manner in whichsuoh contribution' is to be 5 made 4 the manner in which theaccounts of the family pension fund shall be kept and the investment of moneys belonging to the family pension fund with the central government at a rate of interest which shall not be less than five and a half per centum per annum 10 5 the form in which an employee shall ful'nish particulars about himself and his family whenever required 6 the nomination of a person to receive the qsurance amount due to the employee after his death and the cancellation orvatiation of such nomination 1$ 7 the 'registers and records to be maintained in r,espl:ct 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 his 'family entitled to receive the pension 8 the scales of family pension and the assurance amount 20 9 the manner in which the exempted establishments have to pay the contributions (both employer's and employee's ahares) towards the family pension fund and the submission of returns relating thereto 10 the mode of disbursement of family pension' and the arrange-25 ments to be entered into with such disbursing agencies as may be specified for the purpose 11 the manner in which the expenses incurred in connection with the administration of ,the family pension ' scheme may be ,paid by the central government to the central board -30 12 any other matter which is to be provided for ,in tbefamily pension scheme or which may be necessary or:proper for the purpose of implementing the family pension scheme" 31 in section 44 of the life insurance corporation act, 1966, after clause (/), the following c1quee shall be inserted, namely:-35 consequential amendmentof acts1 at' 1956 46 of 1948 19 of 1952 (g) any family pension scheme framed under the coal mines provident fund, family pension and bonus schemes act, 1948 0,1' tae employees' provident funds and family pension fund act, 1952 for the purpose of providing family pension and life assurance bene'fitsto ~e employees covered by the said scheme" 32 (1) the labour provident fund laws (amendment) ordinance, 1971, is hereby repealed | 3 of    | 1971    ||---------|----------|| repeal  |          || and     |          || savin   |       | , , (2) notwithstanding such repeal, anything done or any action taken under the coal mines act or the provident 'funds act, as ajlleruledby'the said ordinance, shall be deemed to have been done or taken under the 45 coal mines act or the provident funds act as amended by this act as the case may be, as if this act had come into force on the 13th clay of february, 1971  statement of objects and reasonsthe coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds act, 1952 provide for the institution of provident funds for employees in coal mines, factories and other establishments provident fund is an effective old-age and survivo1'ship 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 to 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 110 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 up to rs 1,000 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 add conditions for the grant of family pension will ~era11y be the same as those applicable to the central 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 trustee!'! coal mines provident fund in r~pect of members of the coal mines provident fund, and by the centra~ bo'ird of trustees, employees' provident fund, in respect of the employees of e!i'itrhlmhments covered by the emplovees' provident funds act 1952 the etest of administration of the family pension scheme in each ease wil1 be borne by the central government 3 a bill seekin~ to amend suitably the coal mines provident fund and bonus schemes act 1948 and the employees' provident funcl!ll art 1952 in order to achieve these obiectives was introduced in the lok ~abha on the 7th december, 1970 but the bill lapsed with the dissolution of)f thl" then lok sabha to enah1e intl'oduction of the family pensinn s("h~me tiurinll thp financial vear 197071 the president however nrnmulaated the t,~bnur provident fund laws (amendment) ordinance, 1971 on the 13th f'ebru-!ltv 1!l71 amending the ai'ore!,:r>:rl acts on the lines of the bm whil'h ""d lansed famnv pension schemes for workers cove!red bv th~ ,twn act<l have been frrmed under the ordinance ifnn t~v have bf>pn h,nllrrht intn force with effect from the first march 1971 the prerellt em se'lpks to renlace the labour provident fund laws (amendmpnt\ o"ciin"lnrf! h171 r k khadtlkar n'ew delhi; tho! 22nd march, 1971 ,   ~~j, - -; 4 co·,:, •• - ~  financial memorandum 'clauses 8 and 18 of the bill envisage constitution of family pension funds for the workers covered under the coal mines provident fund and bonus schemes act, 1948 and the employees' provident funds act, 1952 by diversion of a portion of the employer's and ihe employees' contributions to the provident funds, to which will be added a contribution by the central government it has been proposed that the contributions of the employer employees and the central government to the family pension funds may be as shown below:-(1) coal mines provident fund : (ii) employer (b) employees (e) central government  11% of pay 11% of pay 11% of pay total 4% of pay (2) employees' provident fund: (ii) employer (6) employees (e) central government  11% of pay 11% of pay 11% of pay total 2 clauses 8 and 18 of the bill also envisage that the cost of administration of the family pension fund scheme will be paid by the central government  3 the coal mines provident fund and bonus schemes act, 1948 is applicable"to about 4 lakhs of employees in coal mines the employees' provident funds act, 1952 is at present applicable to about 55 lakhs of employees existing members of the coal mines provident fund and the employees of establishments already covered by the employees' provident funds act will be given option to come over to the family pension scheme or to continue under the provident fund scheme itself it is expected that 75 per cent of the employees already covered under the two acts will opt for the family pension scheme but the possibility of 100 per cent employees opting for the family pension scheme cannot be ruled out 4 assuming that 75 per cent of the employees covered under the coal mines provident fund and bonus schemes act and the employees' provident funds act opt for the family pension scheme, the annual flnancialliability of the central government and consequent expenditure from the consolidated fund of india has been estimated as under:-(i) employees covered under ~e coal mines provident fund and bonus schemes act: (ii) contral government contribution to the pension fund at the rate of 1 f% of pay (b) eost of administration | rs           ||---------------|| "'rs         || 0-06          || crore         || total         || rsi'15crores |(~) employees covered under the employees' provident funds act: (q) central government contribution to the pension fund at the late of 11% of pay rs 10'2 crorel (b) cost of administration -rs 0'76 crores toal riio·96oores if, however, 100 per cent employees covered under the coal mines provident fund and bonus schemes act and the employees' provident funds act opt for the family pension scheme, the annual financial liability of the central government and consequent expenditure from the consolidated fund of india will be as under:-(i) employees covered under the coal mines provident fund and bonul schemes act : ri i '45 crores (q) central government ontribution to the pension fund at 1,% of pay (b) costofadminislration ri 0'08 crorcs - total ri 1 "3 crorel -------'---(2) employees covered under the employees' provident funds act: ri 13 6 crores (q) central government contribution to the pension fund at il%ofpa, ~ rs 101 crorea (b) eolt of administration total rs 14·61 crorea the liability of the central government in respect of employees covered under the employees' provident funds act will increase proportionately with the expansion of coverage of the act ·note-about 4 per cent of the cost of administration representa non- curling expenditure the new section 3e of the coal mines provident fund and bonus schebles aet, 1948, proposed to be inserted undej' clause 8 of the 001, seeks to empower the central government to frame the coal mines family, pension 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 corresponding provision is being made in the new section 6a of the employees' pr0-vident funds act, 1952 for providing similar family pension and life 8ssqra,nce benefits to the employees of establishments or class of establishments 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 under clause 30 of the bill it is clear that the provisions to be made in the family pension scheme under both the statutes, referred to above, will cantain matters of detail and day-to-day working, eg, the employees or class of employees to which ihe schemes shall apply, the portion of employer's and employee's contribution to be credited to the family pension funds, the contribution to be made by the central government towards the fund, the scales of family pension and the assurance amowrt to be paid to the employees and the mode of disbursement thereof and other like matters  z the delegation of1egislative powers is, thus, of a normal character  act, 1948 (46 of 1948)short title and extent an act to make ptovision fot the framing of a ptovident fund scheme and' a bonus scheme fot 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; - - - - - 1 (1) this act may be called the coal mines provilient fund and bollus schemes act, 1948 - - - - - interpretation z in this act, unless there is anything repugj1ant in the subject or context,- - - - - - 3a (j) - - - - - constitution of board of trustees appointment of officers coal minea boiiui scheme (3) the board shall administer the fund vested in it in such rruumer as may be specified in the scheme aforesaid (4) the board shall perform such other functions as it may be required to perform by or under any provisions of the scheme aforesaid - - - - - 3c (1) - - - - - (3) subject to the provisions of sub-sections (1) and (2) the board may appoint such other officers and employees as it may consider necessary for the efficient administration of the coal mines provident fund scheme - 5 (1) - - • - • - - - •  (2) a scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the second schedule •• - - - shorttit~ extent and application ex'l'racts from the employem' provident funds act, 1952 (19 of 1952) an act to provide fot the institution of provident funds for employees in factories and other establishments - - - - - 1 (1) this act may be called the employees' proyident funds act, 1962 - - - - - (5) an establishment to which this act applies shan continue to be gowrned by thie act notwithstandibg ~t the number of· periods em- ployed therein at any time falls belowtwentj: 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 emplo~r in relation to such establishment may cease to give effect to the provisions of this act alid any scheme framed thereunder, with effect from the beginning of the month following the expiry of the said period of one year, but he shall, within one month of the date of such cessation, i,ntimate, by registered post, the tact thereof to such authority as may be specified by the appropriate government in this behalf definitions z in this act, unless the context otherwise requires,-- - - - - (1) "scheme" means a scheme framed under this act - sa (1) - - • - - • - • central board such (3) the central board shall administer the fund vested in it in manner as may be specified in the scheme may (4) the central board shall perform such other functions as it be required to perform by or under any ~ovisi'ons of the scheme - sd (1) - - • - • - • - • appointment of officers delegation (3) the central board may appoint such other officers and employees as it may consider necessary for the efficient administration of thr scheme - - - - - se the central board may, with the prior p;)p:oval of the central government and a state board may, with the prior approval of the state government concerned, delegate to its chai'rman or to any of its officers, subject to such conditions and limitations, if any, as it may specify, such of its powers and functions under this act as it may deem necessary for the efficient administration of the scheme - - - - - 'l (1) the central government may, by notification in the official gazette, and to, amend or vary any scheme framed under this act modification of scheme determination of moneys due from employen mode of recovery of money i 'lao (1) the central provident fund commissioner, any deputy provident fund commissioner or any regional provident fund commissioner may, by otder, determine the amount due from any employer under any provision of this act or of the scheme and for this purpose may conduct such inquiry as he may deem necessary  - - - - - 8 any amount due-- · ,, - - - (b) from the employer in relation to an exempted establishment in respect of any damages recoverable under section 14b on any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified under section 17, may if the amount is in arrear, be recovered by the appropriate government in the same manner as an arrear of land revenue - - - - - 1 priority of pa, ment of contribu tions over other debts 11 where any employer is adjudicated insolvent or, being a company, an order for winding up is made, the amount due-- - - - - (b) from the employer in relation to an exempted establishment in respect of any contribution to the provident fund (in so far as it relates to exempted employees), under the rules of the provident fund, damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified under section 17, 3 of 1909 5 ot 1920 7 of 1913 shall, where 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 insolvency 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 all 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 - - - - - 5 of 1898 13 (1) the appropriate government may, by notification in the official inspectors gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act or of any scheme, and may define their jurisdiction - - - - - (2a) the provisions of the code of criminal procedure, 1898 shall, so far as may be, apply to any' search or seizure under ub-section (2) as they apply to any search or seizure made under the autliority 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 extend 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 flop 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 tne facts constituting such offence made with the previous sanction of such authority as may be specified in this behalf bv the appropriatp government, by an inspector appointed under section 13  offences by com_ paniea !fa (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 the conduct of thp business of the company, as well as thp company, shall be deemed to be quilty of the offence and shall be liable ~ be otoceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence {2) notwithstanding anything contained in sub-section (1), where an offence under this act or the sche··,le thcl'i:under has been committed by a company ad 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 oftlcer 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 - - - - - 17 (1) - - - - - power to exempt (4) any exemption granted under this section may be cancelled by the authority which granted it, by order in writing, if an employer fails to comply,-(a) in the case of an exemption granted under sub-section (1) with any of the conditions imposed under that sub-section or with any of the provisions of sub-section (3); and - - - - - (5) where any exemption granted under sub-section (1) or sub-section (2) is cancelled, the amount of accumulations to the credit of every em-  ployee to whom such exemption applied, in the provident fund of the establishment in which he is employed shall be transferred, within such time as may be specified in the scheme, to the credit of his account in the fund - - - - 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 for acta done in good faith delegation of  powel'l 19 the appropriate government may direct that any powet' 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 directio'n, be exercisable also-(<<) where the appropriate government is the central g<>vernment, 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 government, as may be specified in the notification; and (b) where the app"opriate government is a state government by such ofticer or authority subordinate to the state government as may be specified in the notification - - - - - a bill further to amend the coal mines provident fund and bonus schemes act, 19~8 and the employees' provident funds act, 1952 (shri r k khtldilkr, minister of labour, employment and relia/jilittltwn ) 