S.1 Short title and extent

       (1) This Act may be called The Coal Mines Provident Fund and Miscellaneous Provisions Act 1948].
       2(2) It extends to the whole of India3[xxxxxxxxx]
       The Act is not affected by the Payment of Bonus Act, 1965 (21 of 1965); see Section. 35 of that Act.
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       1. Substituted for the original sub-section (1) by Labour Provident Fund Laws (Amendment) Act (99 of 1976), S. 3 (1-8-76).
       2. Substituted, for the original sub-section (2), by A. L. O. 1950.
       3. Omitted by Central Labour Fund (Extension to Jammu and Kashmir) Act (51 of 1970) S. 2(1-9-71) .

S.2 Interpretation

       In this Act, unless there is anything repugnant in the subject or context,
       (a) "bonus" means any sum of money payable to an 1 [employee] under the Coal Mines Bonus Scheme framed under this Act;
       1 (aa) "coal" includes lignite;]
       2 (b) "coal mine" means any excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, and includes
       (i) all borings and bore holes;
       (ii) all shafts, in or adjacent to and belonging to a coal mine, whether in the course of being sunk or not;
       (iii) all levels and inclined planes in the course of being driven;
       (iv) any open cast working or qu

S.3 Coal Mines Provident Fund Scheme

       (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Provident Fund Schemea for the establishment of a provident fund for1[employees] and specify the coal mines to which the said scheme shall apply.
       2(1A) The Fund shall vest in, and be administered by, the Board constituted under section 3A.]
       (2) Any scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the First Schedule.
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       1. Substituted for the words "employees in coal mines,", by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (80 of 1950), S. 4(31-12-1950).
       2. Inserted by Coal Mines Provident Fund

S.3(a) Constitution of Board of Trustees

       (1) The Central Government may, by notification in the Official Gazette, constitute, with effect from such date as may be specified therein, a Board of Trustees for the territories to which this Act extends (hereinafter in this Act referred to as the Board) consisting of the following persons, namely :--
       (a) a Chairman appointed by the Centrtal Government;
       (b) the Coal Mines Provident Fund Commissioner, ex Officio;
       (c) three persons appointed by the Central Government;
       (d) not more than six persons representing Governments of such States as the Central Government may specify in this behalf, from time to time, appointed by the Central Government;
       (e) six persons representing employers, appointed by th

S.3(b) Board of Trustee to be a body corporate

The board of Trustees constituted under section 3 A shall be a body corporate under the name specified in the notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued.

S.3(c) Appointment of officers

       (1)The Central Government shallappoint a Coal Mines Provident Fund Commissioner, whoshall be the chief executiveofficer of the Boardand shallbe subject to the generalcontrol and superintendence of the Board.
       (2)The Central Government may also appoint as many other officers, whoseminimum monthly salary in the scale of pay (if any) applicable to them is notless than four hundred rupees, as it may consider necessary to assist the CoalMines Provident Fund Commissioner in the discharge ofhis duties.
       (3)Subject to the provisions ofsub-sections (1)and (2),the Board may appoint suchother officers and employees as it may consider necessary for the efficientadministration of the Coal Mines Provident Fund Scheme, 1 [the CoalMines Family Tension Scheme and the Insurance Scheme].
       (4)The methodof recruitmen

S.3(d) Transfer of accounts

       (1) Where any employee who is a subscriber to any provident fund of the coal mine in which he is employed becomes a member of the fund in accordance with the provisions of any Coal Mines Provident Fund Scheme, the accumulations in the provident fund of the coal mine standing to the credit of the employees shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the Scheme, be transferred, by such person and within such time as may be provided in the Scheme, to the Fund and shall be credited to the account of the employee in the Fund.
       (2) Where a member of the Fund leaves his employment in a coal mine and obtains re-employment in any other establishment (not being a coal mine to which the Coal Mines Provident Fund Scheme appl

S.3(e) Coal Mines Pension Scheme

       (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for--
       (a) superannuation pension, retiring pension or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and
       (b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.
       (2) Notwithstanding anything contained in section 3, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme.--
       

S.3(f) Special grant by Central Government

       The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay such further sums as may be determined by it into the2[Pension Fund] to meet all the expenses in connection with the administration of the3[Coal Mines Pension Scheme] other than the expenses towards the cost of any benefits provided by or under the said Scheme.]
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       1. Inserted by Labour Provident Fund Laws (Amendment) Act (16 of 1971) S. 8 (23-4-71).
       2. Substituted for "Family Pension Fund" by the Coal Mines Provident Fund and Bonus Schemes (Amendment) Act,1996 w.e.f. 13-08-1996
       3. Substituted for "Coal Mines Family Pension Scheme" by the Coal Mines Provident Fund and Bonus Schemes (Amendment) Act,1996 w.e.f. 13-08-1996.

S.3(g) Coal Mines Deposit-linked Insurance Scheme

       (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Coal Mines Deposit-linked Insurance Scheme for the purpose of providing life insurance 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 framing of the Insurance Scheme, a Deposit-linked Insurance Fund into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer such amount, not being more than one per cent, of the aggregate of the basic wages, dearness allowance and retaining allowance (if any) for the time being payable in relation to such employee as the Central Government may, be notification in the Official Gazette, specify.
       Explanation.--For the purposes of this sub-s

S.4 Fund to be recognised under Act 43 of 1961

       For the purposes of the Income-tax Act, 1961. the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth Schedule to that Act."]
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       1. Substituted by the Coal Mines Provident Fund and Bonus Schemes (Amendment) Act,1996 w.e.f. 13-08-1996. Prior to substitution it read as under
       "Fund to be recognized under Act 11 of 1922. For the purposes of the Indian Income-tax Act, 1922, the Fund shall be deemed to be a recognished provident fund within the meaning of Chapter IX-A of that Act."

S.5 Coal Mines Bonus Schemes

       (1) The Central Government may, by notification in the Official Gazette, frame a scheme" to be called the Coal Mines Bonus Scheme for the payment of bonus to1[employees] and specify the coal mines to which the said scheme shall apply.
       (2) A scheme framed under the provisions of sub-section (1) may provide for all or any of the matters specified in the2[Fourth Schedule.]
       3[(3) The employer shall pay the bonus in accordance with the Scheme as aforesaid.]
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       1. Substituted for the words "employees in coal mines" by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (80 to 1950), S. 4 (31-12-1950),
       2. Substituted for "Third Schedule" Labour Provident Fund Laws (Amendment) Act

S.6 Retrospective operation of a scheme

A scheme framed under this Act may provide that any of its provisions shall come into force either prospectively or retrospectively with effect from such date as may be specified in this behalf in the scheme.

S.7 Modification of a scheme

       The Central Government may, by notification in the Official Gazette, add to, amend or vary,1[either prospectively or retrospectively,] a scheme framed under this Act.
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       1. Inserted by Labour Provident Fund Laws (Amendment) Act (99 of 1976), S. 9 (1-8-76).

S.7(a) Schemes to be laid before Parliament

       Every scheme made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for1a total period of thirty days which may be comprised in one session or in2[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the scheme or both Houses ageree that the scheme should not be made, the scheme 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 scheme.
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       1. Sections 7A and 7B were inserted by the Coal Mines Provident Fund and Bonus Schemes (Ame

S.7(b) Determination of moneys due from employers

       (1) The Coal Mines Provident Fund Commissioner or any other officer duly authorised in this behalf by the Central Government may, by order, determine the amount due from any employer under any provision of this Act or of any scheme framed thereunder and for this purpose may conduct such enquiry as he may deem necessary.
       (2) The officer conducting the enquiry under sub-section (1) shall, for the purpose of such enquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 for trying a suit in respect of the following matters, namely:--
       (a) enforcing the attendance of any person or examining him on oath;
       (b) requiring the discovery and production of documents;
       (c) receiving evidence on affidavit;
   

S.8 Protection against attachment

       (1) The amount of provident fund standing to the credit of any member in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the member and neither the Official Assignee nor any Receiver appointed under the Provincial Insolvency Act, 1920, shall be entitled to, or have any claim on, any such amount.
       (2) Any amount standing to the credit of any member in the Fund at the time of his death and payable to his nominee under the Coal Mines Provident Fund Scheme shall, subject to any deduction authorized by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member.
       1[(3) The provisions of sub-

S.9 Penalty

       [(1) If any person--
       (a) contravenes any provisions of this Act or of any scheme framed thereunder, he shall be punishable with imprisonment for a term whch may extend to six months, or with fine which may extend to one thousand rupees or with both;
       (b) who has been convicted of any offence punishable is aforesaid, si again guilty of any such offence within a period of two years from the date of the previous conviction, he shall be punishable on conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.]
       (2) No Court shall take cognizance of any offence punishable under2sub-section (1)] except on a report in writing of the facts constituting such offence made by an Inspector with the previous sanction of such autho

S.10 Inspectors

       (1.) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of the Coal Mines Provident Fund Scheme1[or the Insurance Scheme] or the Coal Mines Bonus Scheme and may define their jurisdiction.
       (2) An Inspector may, in respect of any coal mine within his jurisdiction--
       2[(a) require an employer or any contractor from whom any amount is recoverable under section 10E--
       (i) to furnish such information, or
       (ii) to produce in the office of the Inspector or such other place as may be nearer to the employer or, as the case may be, the contractor, such accounts, books, registers and other documents, relating to the employment of persons in a coal mine as the Inspector may co

S.10(a) Mode of recovery of money due from an employer

       Any amount due from an employer in respect of any contribution or bonus under any scheme framed under this Act2[or any accumulations required to be transferred under sub-section (1) or sub-section (3) of section 3D or any damages recoverable under section 10F or any charges payable by the employer under this Act in respect of the administration of any such scheme] may be recovered by the Central Government in the same manner as an arrear of land revenue.]
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       1. Inserted by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (21 of 1951), S. 2 (28-4-1957).
       2. Inserted by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (45 of 1965), S. 9 (1-4-1966).

S.10(b) Determination of employer in certain cases

       (1) Where the employer is a firm or other association of individuals, all, or any of the partners or members thereof or where the employer is a company, all or any of the directors thereof, may be prosecuted and punished under this Act for any offence for which the employer is punishable:
       Provided that where a firm, association or company has given notice in writing to the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behalf that it has nominated,--
       (a) in the case of a firm, any of its partners;
       (b) in the case of an association, any of its members,
       (c) in the case of a company, any of its directors, who is resident in each case in any place to which this Act extends and who is in each case ei

S.10(c) Delegation of powers

       (1) The Central Government may, by notification in the Offical Gazette, direct that any power exercisable by it under this Act or any scheme framed thereunder shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by the Coal Mines Provident Fund Commissioner or any officer authorised in this behalf by the Central Government.
       (2) The Board may delegate to its Chairman or the Coal Mines Provident Fund Commissioner or any other officer or the Board, subject to such conditions and limitations, if any, as the Board may specify, such of the powers and functions of the Board und oo: this act or any scheme framed thereunder, as the Board may deem necessary for the efficient .i Iministration of any scheme framed under this Act.

S.10(d) Payment of contribution by employers and recovery thereof from members

       (1) The contribution shall be payable by the employer (hereinafter referred to as the employer's contribution) and by the employee (hereinafter referred to as the employee's contribution) at such rate as may be specified in the Coal Mines Provident Fund Scheme, and the employer shall pay the employer's contribution as well as the employee's contribution, whether or not he has recovered from any employee the employee's share of the contribution.
       (2) The amount of any contribution paid by the employer on behalf of a member shall, notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, be recoverable by means of deduction from the wages of the member and not otherwise.
       (3) Save as otherwise provided in ,the Coal Mines Provident Fund Scheme, no deduction under sub-section (2) shall be

S.10(e) Recovery of monies by employers and contractors

       (1)1[The amount of contribution (that is to say the employer's contribution in pursuance of the Insurance Scheme)] and any charges referred to in section 10A paid or payable by an employer in respect of an employee employed by or through a contractor and any bonus paid or payable under any Coal Mines Bonus Scheme in respect of any such employee may be recovered by such employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
       (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may, save as otherwise provided in the Coal Mines Provident Fund Scheme, recover from such employee the employee's contribution under any such Scheme by deduction from the wages payable to the employee subject to the condition that n

S.10(f) Power to recover damages

       Where an employer makes default in the payment of any contribution or bonus or any charges payable by him under any scheme framed under this Act, or where any person who is required to transfer provident fund accumulations in accordance with the provisions of section 3D makes default in the transfer of such accumulations, the Central Government may recover from such employer or person, as the case may be, such damages, not exceeding twenty-five per cent of the amount of arrears, as it may think fit to impose.]

S.11 Priority of payment of contributions and bonus over other debts

       The amount due in respect of any contribution or bonus under a scheme framed under this Act or any charges incurred in respect of the administration of any such scheme, shall where the liability therefor has accrued before the person liable has been adjudicated insolvent or, in the case of a company ordered to be wound up, before the date of such order, 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 under1[Section 53 of the Companies Act, 1956,] (31 of 1956) are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of a company being wound up, as the case may be.
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       1. Substituted for "Section 230 of the Indian Companies Act 1913" by t

S.11(a) Protection for acts done in good faith

       No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act or under any schemes framed there under.]
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       1. Inserted by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (80 of 1950), S. 5 (31-12-1950).

S.11(b) Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act or any scheme framed thereunder the Central Government may, by order published in the Official Gazette, make such provision or give such direction not inconsistent with the provisions of this Act, as it appears to it to be necessary or expedient for removing the difficulty.]
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       1. Inserted by Coal Mines Provident Fund and Bonus Schemes (Amendment) Act (45 of 1965), S. 11 (1-4-1966).

S.11(c) Power to exempt

       (1) The Central Government may, if requested so to do by the employer, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt any coal mine from the operation of all or any of the provisions of the Insurance Scheme, if it is satisfied that the employees of such coal mine are without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether linked to their deposits in provident fund or not, and such benefits are more favourable to such employees than the benefits admissible under the Insurance Scheme.
       (2) Without prejudice to the provisions of sub-section (1), the Insurance Scheme may provide for the exemption of any person or class of persons employed in any coal mine and covered by that scheme from the operation of all any of the provisions thereof, if t

S.11(d) Act to have effect notwithstanding anything contained in Act 31 of 1956

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Life Insurance Corporation Act, 1956.]

S.12 Repeal of Ordinance 7 of 1948

       (1) The Coal Mines Provident Fund and Bonus Schemes Ordinance, 1948, is hereby repealed.
       (2) Notwithstanding any such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act had commenced on the 23rd day of April, 1948.

Sch.1 Schedule I

       THE FIRST SCHEDULE
       (See Section 3)
       Matters To Be Provided For In The Coal Mines Provident Fund Scheme
       1. The employees or class of employees who shall join the Fund, the contributions payable to the Fund and the conditions under which an employee may be exempted from joining the Fund or from payment of contributions.
       1[2. Payment of contributions to the Fund by employers and by, or on behalf of,2[employees (whether employed by an employer directly or by or through a contractor)], the rate, time and manner of such payment and the manner in which such contributions may be recovered.]
       3[2A. The manner in which employees' contribution may be recovered by contractors from employees employed by or through s

Sch.2 Schedule II

       [THE SECOND SCHEDULE
       [See section 3E(5)]
       Matters To Be Provided For In The Coal Mines Pension Scheme
       1. The employees or class of employees to whom the Coal Mines 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. The time within which the employees who are not members of the2[Pension Scheme] under section 3E as it stood before the commencement of the Coal Mines Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme,
       3. The portion of employers' contribution and employees' contribution

Sch.3 Schedule III

       [THE THIRD SCHEDULE
       (See section 3G)
       Matters To Be Provided For In The Coal Mines Deposit-Linked Insurance Scheme
       1. The employees or class of employees who shall be covered by the Insurance Scheme.
       2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund, subject to such pattern of investment as may be determined, by order, by the Central Government.
       3. The form in which an employee shall furnish particulars about himself and the members of his family whenever required.
       4. The nomination of a person to receive the insurance amount due to the employee after his death and the cance

Sch.4 Schedule IV

       [THE FOURTH SCHEDULE]
       (See Section 5)
       Matters To Be Provided For In The Coal Mines Bonus Scheme
       1. The payment of bonus dependent on the attendance of an2[employee] during any period.
       2. The employees or class of employees who shall be eligible for the bonus and the conditions of eligibility.
       3. The rate at which the bonus shall be payable to an employee and the manner in which the bonus shall be calculated.
       4. The conditions under which an employee may be debarred from getting the bonus in whole or in part.
       5. The rate at which sums shall be set apart by the employer for payment of bonus and the time and manner of s