Coal Mines Provident Fund Scheme 1948 PDF

Summary

This document is the Coal Mines Provident Fund Scheme, 1948, issued by the Indian government. It details the scheme's application, including to various coal mines in specific regions, and defines key terms such as "Basic Wages", "Member", and "Board".

Full Transcript

COAL MINES PROVIDENT FUND SCHEME, 1948 COAL MINES PROVIDENT FUND SCHEME COAL MINES PROVIDENT FUND SCHEME GOVERNMENT OF INDIA MINISTRY OF LABOUR NOTIFICATION...

COAL MINES PROVIDENT FUND SCHEME, 1948 COAL MINES PROVIDENT FUND SCHEME COAL MINES PROVIDENT FUND SCHEME GOVERNMENT OF INDIA MINISTRY OF LABOUR NOTIFICATION New Delhi, the 11th December, 1948 No. P.F.15(5)/48 — In exercise of the powers conferred by Section 3 of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (XLVI of 1948), the Central Government is pleased to frame the following Coal Mines Provident Fund Scheme, namely :-- 1. Short Title and Application—(i) This Scheme may be called the Coal Mines Provident Fund Scheme. 1[(ii) It shall apply to all coal mines in West Bengal, Bihar, [Maharastra], the Central Provinces and Berar, 6[Nagaland and Orissa including those in partially excluded areas in the Provinces of 3[West Bengal], Bihar, Central Provinces and Berar and Orissa to which the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, has been applied under Sub-section (1) of Section 92 of the Government of India Act, 1935]. 7[(iii)It shall apply to all the members of the Central Coalfields Limited Staff provident Fund, Darbhanga House, Ranchi, a non-statutory organization and the Coal Mines Authority Limited Staff Provident Fund constituted under the Coal Mines Nationalization Provident Fund Rules, 1976.] 4[(iii) The provisions of this Scheme shall be deemed to have come into force— (a) On the 12th May 1947, in respect of coal mines in West Bengal and Bihar including those situated in the partially excluded areas of the province of Bihar; (b) On the 10th October, 1947 in respect of the coal mines in the Central Provinces and Berar and Orissa including those situated in the partially excluded areas in those provinces; (c) On the 1st January, 1957 in respect of all coal mines (except Sasti Coal Mine) situated in the 5(territories which as from 1st May, 1960 are comprised in the State of the Maharastra]; _____________________________________________________________________ 1. This sub-paragraph with the exception of the words ‘West Bengal’ in sub-para (ii) was substituted for the original one under Government of India, Ministry of Labour Notification No. PF 15(9) 50 dated the 9th January, 1950. 2. The word ‘Bombay’ which had been inserted vide S.R.O. 3566 dated 31.10.57 was substituted by the word ‘Maharastra’ by S.O. 2276 dated 3.9.60 published on 27.9.60. 3. The words ‘West Bengal’ were inserted by the Government of India, Ministry of Labour Notification No. PF 15(9) 50, dated the 23rd February 1950. 4. Reconstituted by S.R.O. 3566 dated 31.10.57. 5. The words ‘New State of Bombay’ substituted vide S.O. 2276 dated 13.9.60 published on 27.9.60. 6. The words ‘Nagaland’ added vide G.S.R. 690 dated 25.4.1964. 7 The new para 1(iii) inserted vide G.S.R.687(E) dated 8.10.2002. 2 COAL MINES PROVIDENT FUND SCHEME 5[(d) On the 1st December, 1963 in respect of all coal mines situated in the State of Nagaland.] 1[(iv) The provisions of this Scheme shall come into force on the 1st December 1957 in respect of the Sasti Coal Mine] [For extension to Assam see para 1 of Appendix I, For extension to Talcher see para 1 of Appendix II, For extension to the States of Rewa and Korea see para 1 of Appendix III, For extension to J&K see para 1 of Appendix IV] 2. Definitions-- In this Scheme, unless there is anything repugnant in the subject or context— (a) “Act” means the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (XLVI of 1948); (b) “Basic Wages” means the total cash emoluments, whether earned while on duty or while on leave with pay, but excluding all payments for food concession, dearness, house rent and other similar allowances, overtime, bonus, commission, presents, or donations; (c) “Board” means the Board of Trustees constituted under X[Section 3-A of the Act]. 2[(cc) “Chief Inspector of Mines” has the meaning assigned to it in sub-section (1) of Section 5 of the Mines Act, 1952 (35 of 1952); (d) “Children” means legitimate children and includes adopted children if the 3(Commissioner) is satisfied that under the personal law of the member adoption of a child is legally recognised; (e) “Commissioner” means the Coal Mines Provident Fund Commissioner appointed under *[sub section (1) of section 3-C of the Act]; ** * ** 4(g) “Excluded Employee” means an employee— 6(i) who, having been a member of the Fund once, withdraw the amount of his accumulation in the Fund either in whole or in part on permanent retirement after attainment of the age of 50 years or on retirement on account of total incapacity due to bodily or mental infirmity acquired after attaining the age of 50 years, or, ___________________________________________________________________ 1. Clause (iv) inserted vide S.R.O. 3566 dated 31.10.57. 2. Inserted vide S.O. 2620 dated 26.11.61. 3. Inserted by S.R.O. 1360 dated 1.6.56. ** Omitted by S.R.O. 1360 dated 1.6.56. 4. Clause (g) reconstituted vide S.O. 2620 dated 26.11.61. 5. Sub-clause (d) added vide GSR 690 dated 25.4.1964. x The words and figures “paragraph 3 of this Scheme” substituted vide G.S.R. 492 dated 1.4.66. * The words and figures “paragraph 23 of this scheme” substituted vide G.S.R. 492 dated 1.4.66. 6. Sub-clause (i) substituted vide G.S.R. 509 dated 5.4.72. 3 COAL MINES PROVIDENT FUND SCHEME $[ ] (iii) who is employed as labourer of a contractor for building, brick making or tile making; (h) “Family” means-- *[in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son’s widow and children.] Provided that if a member proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouse belongs to be entitled to maintenance she shall no longer be deemed to be a part of the member’s family in matters which this scheme relates, unless the member subsequently intimates by express notice in writing to the commissioner that she shall continue to be so regarded; and @[in the case of a female member, her husband, her children whether married or unmarried, her dependent parents, her husband’s dependent parents and her deceased son’s widow and children.] Provided that if a member by notice in writing to the commissioner expresses her desire to exclude her husband from the family, the husband shall no longer he deemed to be a part of the member’s family in matters to which this scheme relates unless the member subsequently cancels in writing any such notice. Explanation—In either of the above two cases, if the child of a member +*[or, as the case may be, the child of a deceased son of a member] has been adopted by another person and if, under the personal law of the adopter adoption is legally recognised such a child shall be considered as excluded from the family of the member; ______________________________________________________________________ * The words “in the case of a male member, the wife, children and dependent parents of the member, and the widow and children of a deceased son of the member substituted vide G.S.R.863 dated 27.5.67. @ The words in the case of female member, the husband and children of the member, the dependent parents of the husband, and the widow and children of a deceased son of the member substituted vide G.S.R. 863 dated 27.5.67. +* Inserted vide G.S.R. 863 dated 27.5.67. $ The paragraph 2(g)(ii) omitted vide G.S.R.687(E) dated 8.10.2002. 4 COAL MINES PROVIDENT FUND SCHEME (i) “Inspector” means a person appointed as such under section 10 of the Act; (j) “Member” shall have the meaning assigned in the Act and shall include initial member; 3(k) “Period of Membership” means in respect of a member the period beginning with the day on which he was employed in the coal mine wherefrom he qualifies for the membership of the Fund and 1(ending with the date on which the amount standing to his credit in the Fund and refundable under paragraph 63 is tendered for payment). @[Provided that in the case of a member whose accumulations in the past provident fund are transferred to the Fund under sub-section (1) or sub-section (3) of section 3D of the Act, his period of membership of the Fund shall be deemed to have commenced from the date of his employment in the coal mine or establishment, as the case may be, wherein he became a subscriber of the provident fund from which his accumulations are transferred to the Fund. Provided *[further] that in any case where the date on which a member was employed cannot be ascertained, the first day of the period or quarter in which he qualified for membership of the Fund shall be deemed to be the date on which he was employed in the Coal Mine. (I) “Quarter” means a period of three calendar months commencing on the first of January, the first of April, the first of July and the first of October of each year : 2[(II) “Temporary Disablement” means a condition resulting from a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment in a coal mine, which requires medical treatment and renders the employee temporarily incapable of work and which entitles such employee to compensation under the Workmen’s Compensation Act, 1923 (8 of 1923);] _____________________________________________________________________ 1 The words “ending with the date of application on which he is permitted to withdraw the amount standing to his credit in the Fund under paragraph 63” substituted by S.R.O. 424 dated 22.1.58. @ The proviso inserted vide G.S.R. 492 dated 1.4.66. * The word “further” inserted vide G.S.R. 492 dated 1.4.66. 2 Clause (II) inserted vide S.O. 2620 dated 26.11.61. 3 Clause (k) reconstituted vide S.R.O. 2564, dated 31.7.57. 5 COAL MINES PROVIDENT FUND SCHEME 3 [(m) “Total Emoluments” means the total cash emoluments inclusive of all allowances, overtime, compensation for guaranteed wage, additional payments for difficult and arduous work, remuneration for paid holidays, whether earned while on duty or on any kind of leave with pay, but does not include— (i) bonus under the Coal Mines Bonus Scheme; (ii) any traveling allowance or the value of any traveling concession; (iii) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; (iv) any gratuity payable on discharge; (v) any retrenchment compensation; (vi) any commission; and (vii) any ex-gratia payment] 4[(n) “Wages” has the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (IV of 1936); [For Assam, see para 2 Appendix-I, For Talcher, see para 2 of Appendix-II, For Rewa and Korea, see para 2 of Appendix-III, For J&K see para 2 of Appendix-IV]. 3. 1[ ] 5 [4. Terms of Office — (1) Save as otherwise expressly provided in this Scheme the term of office of the trustees other than those referred to in clauses (a), (b), (c) & (d) of sub-section (1) of section 3A of the Act shall be two years or such other period not exceeding five years as the Central Government may specify by notification in the Official Gazette, commencing on the date on which their appointment is notified in the Official Gazette. Provided that a trustee shall notwithstanding the expiry of the period specified in sub-paragraph (1), continue to hold office until the appointment of his successor is notified in the Official Gazette.] (2) The trustee referred to in 2[clause (a), (c) and (d) of sub-section (1) of section 3A of the Act] shall hold office during the pleasure of the Central Government. ______________________________________________________________________ 3 Clause [m] inserted vide Notification No.PF1/2(114) 56-1 dated 10.1.58. 4 Re-lettered vide Notification No. PF 1 /2(114)56-1 dated 10.1.58. 1 Paragraph 3 omitted vide G.S.R. 492 dated 1.4.66. 2 The words, brackets, figures and letters “clauses (a) and (b) of sub-paragraph (1) of paragraph 3” substituted vide G.S.R. 492, dated 1.4.66. 5 Sub-paragraph (1) of para 4 substituted vide G.S.R. 1013 dated 20.7.79. 6 COAL MINES PROVIDENT FUND SCHEME 5(2A) Where the Central Government directs that a trustee appointed under clause (d) of sub-section (1) of section 3-A of the Act to represent any state Government shall cease to be a trustee, the State Government concerned shall be consulted; 3(3) An outgoing trustee *** shall be eligible for 4(reappointment.)*** 5. 6[Resignation—A trustee 7(other than that referred to in clause (b) of sub- section (1) of section 3-A of the Act) may resign his office by notice in writing to the Central Government and his office shall fall vacant from the date on which his resignation is accepted or on the expiry of 30 days from the date of receipt of the letter of resignation whichever is earlier] 6. 8(Ceasation and restoration of Trusteeship)— 9(A trustee † shall cease to be such) trustee, † if he fails to attend three consecutive meetings of the Board † without obtaining leave of absence from the Chairman of the Board; Provided that the Central Government may restore him to trusteeship + if it is satisfied that there were reasonable grounds for the absence. 10[6A. Disqualification for trusteeship— (1) A person shall be disqualified for being appointed as and for being a Trustee-- (i) If he is declared to be of unsound mind by a competent court; or (ii) If he is an undischarged insolvent; or (iii) If before or after commencement of the Act, he has been convicted of an offence involving moral turpitude; or (iv) If he, as an employer in relation to a coal mine to which the Scheme applies has defaulted in the payment of any dues to the Board or the Fund recoverable from him under the Act or the Scheme, as the case may be.] 7. Removal from 11[Trusteeship]—The Central Government may remove from office any trustee if it is satisfied that the trustee has ceased to represent the interest on whose behalf he was nominated ₤2(or that his continuance is otherwise undesirable). ______________________________________________________________________ 3 Original sub-paragraphs (3) and (4) omitted and sub-para (5) renumbered as (3) by S.R.O. 1360 dated 1.6.56. *** The words “or member of the Committee” “or re-election as the case may be” “or member” or the Committee” “or membership as the case may be” were omitted by S.R.O. 1360 dated 1.6.56. 4 The word “renomination” substituted vide G.S.R. 492 dated 1.4.66. 5 The new sub-paragraph (2A) added by G.S.R. 492 dated 1.4.66. 6 Paragraph 5 reconstituted vide Notification No.PF2(120)/56, dated 12.2.57. 7 Inserted vide G.S.R. 492 dated 1.4.66. † The words “or member of the Committee” “or re-election as the case may be” “or member” “or the Committee” “or membership, as the case may be” were omitted by S.R.O. 1360, dated 1.6.56. 8 The word “cessation of membership” substituted vide Notification No.1,11015(21)/70 PF 1 dated 1.12.71. 9 The words “A trustee shall cease to be such” substituted vide Notification No.1,11015(21)/70 P.F. 1 dated 1.12.71. 10 Para ‘6A’ added vide Notification No.1,11015(21)/70, PF 1, dated 1.12.71. 11. The word “membership” substituted vide Notification No.1,11015(21)/70, PF 1, dated 1.12.71. ₤ Please see on next page. 2. Please see on next page. 7 COAL MINES PROVIDENT FUND SCHEME 12(7A. Removal from Trusteeship for default in payment of any dues of the Fund.—The Central Government may remove from office any trustee if in its opinion the trustee, as an employer in relation to a coal mine to which the Scheme applies, has defaulted in the payment of any dues to the Board or the Fund recoverable from him under the Act or the Scheme, as the case may be; Provided that no such trustee shall be removed from office unless a reasonable opportunity is given to such trustee of making any representation against the proposed action.) 8. Absence from India.—(1) Before a non-official trustee leaves India-- (a) he shall intimate to Chairman of the Board** of the date of his departure from and expected return to India, or (b) if he intends to absent himself for a longer period than six months, he shall tender his resignation. @(2) if any trustee leaves India for a period of six months or more without intimation to the Chairman of the Board he shall cease to be a trustee; Provided that the Central Government may restore him to trusteeship, if it is satisfied that there were reasonable grounds for his leaving India without intimation to the Chairman. *[8A—Nomination of a substitute during absence of a Trustee— (1) If a Trustee is unable to attend any meeting of the Board, he may by a written instrument, signed by him, addressed to the Chairman of the Board and explaining the reasons for his inability to attend the meeting, appoint any representative of the organisation which he represents on the Board as his substitute for attending that meeting of the Board in his place and stead; Provided that no such appointment shall be valid unless— (i) such appointment has been approved by the Chairman of the Board, and (ii) the instrument making such appointment has been received by the Chairman of the Board at least 1(seven days) before the date fixed for the meeting. (2) A substitute validly appointed under sub-paragraph (1) shall have all the rights and powers of a Trustee in relation to the meeting of the Board in respect of which he is appointed and shall receive fees and allowances enjoy immunities and be under obligations as if he were a Trustee appointed 13[under section 3-A of the Act. ______________________________________________________________________ 12. Para ‘7A’ added vide Notification No.1,11015(21)/70 PF 1 dated 1.12.71. ** The words “and if he is also a member of the Committee the Chairman of the Committee” omitted by S.R.O. 1360 dated 1.6.56. ₤ The words “The trustee so removed shall cease to be a member of the committee if he is on Committee” were omitted by S.R.O. 1360 dated 1.6.56. 2. Added vide Notification No.PF 54(45)/56, dated 12.2.57. @ Sub-para (2) substituted vide Notification No.1,11013(13)/71 PF 1 dated 18.11.72. * Paragraph 8A added vide G.S.R. 1245 dated 17.7.63. 1. The word “fifteen days” substituted vide G.S.R. 845 dated 29.5.64. 13. The words and figure “under paragraph 3” substituted vide G.S.R. 492 dated 1.4.66. 8 COAL MINES PROVIDENT FUND SCHEME (3) A Trustee appointing a substitute for attending any meeting of the Board shall notwithstanding anything contained in this paragraph, continue to be liable for the misappropriation or misapplication of the Fund and shall also be liable for any act of misfeasance or non-feasance committed in relation to the Fund by the substitute appointed by him]. 2 [9. Filling of Vacancies (1) A casual vacancy in the office of a trustee shall be filled up by the Central Government by notification in the Official Gazette, as soon after the occurrence of the vacancy as possible, after consultation with the State Government or the organisations of employers or employees, as the case may be, which was being represented by the trustee whose office is to be filled up. (2) A Trustee appointed to fill a casual vacancy shall hold office for the unexpired portion of the term of his predecessor]. 10. Vacation of office—A person shall be disqualified for being a trustee— (a) if he is declared to be of unsound mind by a competent court; or (b) if he is an undischarged insolvent; or (c) if he has been convicted of any offence which in the opinion of the Central Government involved moral turpitude. 1[10A. Constitution of Committees—(1) The Board may constitute committees consisting of such number of trustees as the Board may consider necessary in each case, to assist it in the discharge of its functions and shall lay down the terms of reference of such committees, the quorum thereof and the venue where such committees should meet. (2) The provisions of paragraph 21 shall mutatis mutandis apply for the payment of fees and allowances to the members of the committees constituted under sub- paragraph-(1) for attending meeting thereof.] 11. Authentication of orders, Decisions etc.—(1) All orders and decisions of the Board* shall be authenticated by the signature of its Chairman or by some other officer or member of the Board @ authorised by it in this behalf. 3[All orders and decisions of any committee set up by the Board under paragraph 10A shall be authenticated by the Commissioner.] ______________________________________________________________________ 2 Paragraph 9 substituted vide G.S.R. 492 dated 1.4.66. 1 The new paragraph 10A inserted vide G.S.R. 492 dated 1.4.66. * The word “or the Committees” omitted by S.R.O. 1360 dated 1.6.56. @ The words “or Committee as the case may be” omitted by S.R.O. 1360 dated 1.6.56. 3 The existing Paragraph 11 renumbered as the sub-paragraph (1) there and the new sub- paragraph (2) added vide G.S.R. 492 dated 1.4.66. 9 COAL MINES PROVIDENT FUND SCHEME 3[12. Delegation of Powers – The Commissioner may delegate, from time to time, the powers vested in him under this Scheme to any officer under his control to the extent considered suitable by him for the administration of the Scheme.] 13. Disposal of Business – (1) Every question which is to be considered by the Board shall be considered either at its meeting or, if the chairman so directs, by sending the necessary papers to all the trustees for their opinion; Provided that the paper need not be sent to a trustee who is absent from India at that time. (2) When a question is referred under sub-paragraph-(1) for opinion, any trustee may request that the question be considered at a meeting of the Board and thereupon the Chairman, may, and if the request is made by not less than three trustees, shall direct that it be so considered. † 14. Meetings of Board of Trustees. †† - The Board †† shall meet at such place and time as may be appointed by the Chairman of the Board. †† 15. Notice of Meeting and List of Business— (1) Notice of not less than fifteen days from the date of posting shall be given of the time and place fixed for each ordinary meeting of the Board †† to every trustee†† present in India and to such notice shall be attached a list of business to be discussed at the meeting; Provided that when the Chairman calls a meeting for considering any matter which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary, shall be deemed sufficient. (2) No business which is not on the list shall be considered at the meeting except with the permission of the Chairman. 16. Presiding at Meeting -- The Chairman of the Board, †† shall, 1( ) preside at every meeting of the Board †† at which he is present. If the Chairman is absent at any time, the trustees* present shall elect one of their members to preside over the meeting and the trustee* so elected shall at that meeting exercise all the powers of the Chairman. ______________________________________________________________________ 3 Original paragraph omitted and the paragraph inserted by S.R.O. 1363 dated 1.6.56 and later substituted by G.S.R. 492 dated 1.4.66 † Sub-paragraph (3) omitted by s.R.O. 1360 dated 1.6.56. †† The Word “and Executive Committee” “and the Committee” “or the committee as the case may be” “or of the committee as the case may be to every member of the committee” “or of the committee as the case may be” deleted by S.R.O. 1360 dated 1.6.56. 1 The words, brackets and figures save as provided in sub-paragraph (2) and (3) of paragraph 3 omitted vide G.S.R. 492 dated 1.4.66. * The words, “or the members of the committees” omitted by S.R.O. 1360 dated 1.6.56. 10 COAL MINES PROVIDENT FUND SCHEME 17. 3[(1) No business shall be transacted at a meeting of the Board, whether ordinary or emergent, unless at least four Trustees are present of whom at least one each shall be a trustee appointed under clause (e) and under clause (f) respectively of sub-section (1) of section 3A of the Act.] **(2) If at any meeting the number of trustees + is less than the required quorum, the Chairman shall adjourn the meeting to a date not less than seven days later informing the trustees @present and also the other trustees @ of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting whether the quorum is secured or not. 18. Recommendation by Majority – (1) Every question at a meeting of the Board @ shall be decided by a majority of votes of the Trustee @ present and voting, but the minority may require their dissent to be noted. (2) Every question referred to the trustees for opinion shall, unless the Chairman in pursuance of sub-paragraph (2) of paragraph 13 reserves it for consideration at a meeting, be decided in accordance with the opinions received within the time limit allowed. (3) In the case of equality of votes or opinions, the Chairman shall exercise an additional vote or opinion. 19. Minutes of Meetings — (1) The proceedings of a meeting of the Board @ shall be circulated to all trustees present in India and thereafter they shall be recorded in a minute book to be kept as a permanent record. (2) The record of the proceedings of each meeting shall be signed by the Chairman after confirmation at the next meeting. 20. Acts of the Board etc. not invalid by reason of defect in constitution— No act of the Board @ shall be deemed to be invalid by reason of any defect in the constitution of the Board @ or on the ground that any trustee @ thereof was not entitled to hold or continue in office by reason of any disqualification or of any irregularity in ______________________________________________________________________ ** Sub-paragraph (2) omitted and sub-paragraph (3) renumbered as sub-paragraph (2) by S.R.O. 1360 dated 1.6.56. + The words “or members of the committee as the case may be” “or members” omitted by S.R.O. 1360 dated 1.6.56. @ The words “or the committee” “or members of the committee” “or of the committee,” “or members as the case may be” “or the committee” “or member” “or election” “and/or the committee” omitted by S.R.O. 1360 dated 1.6.56. 2 The words, brackets and figures “nominated under clause (c ) and at least two nominated under clause [d] of sub-paragraph (1) of paragraph 3” substituted vide G.S.R. 492 dated 1.4.66. * The words, “or member” omitted by S.R.O. 1360 dated 1.6.56. 3 Sub-paragraph [i] of paragraph 17 substituted vide notification No. R-110/1/1/76-PFI, dated 10.9.76. 11 COAL MINES PROVIDENT FUND SCHEME the *[appointment] @ or by reason of such act having been done during the period of any vacancy in the Board @. 21. Fees and allowances – (1) The traveling allowance of an official trustee shall be governed by the rules applicable to him for journey performed on official duty and shall be paid by the authority paying his salary. 1[(2) Subject to the provisions of sub-paragraphs (3), (4) and (5), every non-official trustee shall be paid traveling allowance for attending the meetings of the Board at such rates as are admissible to grade-I officers of the Central Government and daily allowance calculated at the maximum rates admissible to Grade-I Officers of the Central Government in the respective localities: Provided that, where such trustee- (i) arrives at the place of the meeting at 12 noon or in the afternoon of the day immediately preceding the day of the meeting or leaves the place of the meeting in the forenoon of the day immediately succeeding the day of the meeting, he shall be entitled to one half of the daily allowance for such days of arrival and departure: (ii) arrives at the place of the meeting in the forenoon of the day immediately preceding the day of the meeting or leaves the place of the meeting at 12 noon or in the afternoon of the day immediately succeeding the day of meeting, he shall be entitled to full daily allowance for such days of arrival and departure.] 2 [(iii) arrives at and departs from the place of the meeting on the same day, he shall be entitled to full daily allowance for the day of meeting]. (3) Where such trustee, being a member of a State Legislature attends a meeting of the Board, he shall be entitled - (i) When the State Legislature is not in session, to such traveling and daily allowance as are admissible to grade-I officers of the State Government; and (ii) When the State Legislature is in session, to such travelling and daily allowance as are admissible to the members of Legislature for attending meeting of the Legislature. (4) Where such trustee, being a member of either House of Parliament, attends meeting of the Board, he shall be entitled to such travelling allowance and daily allowance _____________________________________________________________________ * The word ‘nomination’ substituted vide G.S.R. No. 492 dated 1.4.66. 1 Sub-paragraph (2) reconstituted and new sub-paragraph 3, 4 & 5 added vide S.O. No. 2778 dated 17th November 1961. 2 Clause (iii) sub-para(2) added vide G.S.R. 1772 dated 6.11.63. @ The words “or the committee” “or members of the committee” “or of the committee”, “or members as the case may be”, “or the committee”, “or member” “or election” “and/or the committee” omitted by S.R.O. 1360 dated 1.6.56. 12 COAL MINES PROVIDENT FUND SCHEME as may be admissible to him under the rules laid down by the Central Government on the subject from time to time. (5) Where such trustee is neither a member of the State Legislature nor of either House of Parliament and he resides at the place where the meeting of the Board is held and he attends such meeting, he shall be entitled only to the actual amount of conveyance hired subject to a maximum of Rs. 10/- per day. [(6) In matters regarding grant of traveling and daily allowance to the non-official members of the Board not covered in this paragraph orders issued by the Central Government from time to time shall apply]1 Note:- (1) No daily or travelling allowance in respect of any day or journey, as the case may be, shall be claimed from the Fund by a trustee if he has drawn or will draw allowance for the same from his employer or as a member of Legislature or of any Committee or Conference of Government and no travelling allowance shall be claimed if he uses a means of locomotion provided at the expense of Government or his employer. Note:- (2)Where the journey is performed by road between places connected by railway road mileage shall be paid only if the trustee concerned certifies that the journey was undertaken by road to avoid loss of time which the journey by railway would have entailed and the distance travelled does not exceed 75 miles in a single journey. 22. *[ ] 23. Coal Mines Provident Fund Commissioner – @ [ ] (2) The Commissioner shall be a whole time officer of the Fund and shall not undertake any work not connected with his office without the sanction of the Central Government. 2[ ] @[ ] (5) A person shall be disqualified from being the Commissioner if he is subject to any of the disqualifications specified in Paragraph 10. (6) [Coal Mines Provident Fund Commissioner appointed under 4[sub- section (1) of section 3-C of the Act] may at any time, for reasons to be recorded in writing and after he is given reasonable opportunity of showing cause against the action proposed to be taken in the manner prescribed for Central Government officers of similar status, be removed by the Central Government.]3 _____________________________________________________________________ 1 Sub-para (6) added vide G.S.R. 1772 dated 6.11.63. * Paragraph 22 omitted by G.S.R. 492 dated 1.4.66. @ Sub-paragraph (1) and (4) omitted by G.S.R. 492 dated 1.4.66. 2 Sub-paragraph (3) omitted by G.S.R. 1121 dated 13.8.62. 4 The words “this paragraph” substituted by G.S.R. 492 dated 1.4.66. 3 Sub-paragraph (6) substituted vide G.S.R., 1121 dated 12.8.62. 13 COAL MINES PROVIDENT FUND SCHEME 4 [24. Opening of Regional and Other Offices – The Board may, with the approval of the Central Government, open such regional and local offices as it may consider necessary for the proper implementation of the Scheme framed under section 3 of the Act. It may also define and vary from time to time the functions, duties and jurisdiction of the regional and local offices.] 25. Class of Employees Required to Join the Fund 5[In respect of any quarter prior to the 1st January 1962] – (1) Every employee in a coal mine to which this scheme applies, other than an excluded employee shall be required to join the Fund and become a member immediately after the end of the quarter following any quarter after the thirtieth of September, 1948] 6[but before the first of January 1962] in which he qualified for a bonus under sub-paragraph (b) of paragraph 4 or sub-paragraph (c) of paragraph 5 of the Coal Mines Bonus Scheme. (2) Every employee in a coal mine to which this scheme applies, other than an excluded employee, shall be required to become a member of the Fund (hereinafter called the “initial member”) from the beginning of the first period or quarter before the first of October 1948, in respect of which he qualifies for a bonus under paragraph 4 or paragraph 5 of the Coal Mines Bonus Scheme: Provided that an initial member, who has received before the first October 1948 from his employer the full amount of his as well as the employer’s contribution on his leaving employment in the coal mining industry, shall cease to be an initial member. [7(3) Every employee in a coal mine to which this scheme applies, except an excluded employee, and an employee employed in a managerial or supervisory capacity in a coal mine belonging to or under the control of the National Coal Development Corporation (Private) Ltd., who, by virtue of exception (a) under paragraph 3 of the coal Mines Bonus Scheme cannot entitle himself for the membership of the Fund in accordance with sub-paragraph (1) and (2) above, by qualifying for Bonus, shall be required to become a member and join the Fund immediately after the end of the quarter following any quarter after the 13th June 1956 in which he puts in seventy five days’ attendance in any coal mine to which this Scheme applies]. 1[Explanation – An employee whose basic wages exceed three hundred rupees per month subsequent to his qualifying for the membership of the Fund under sub- paragraph (1) and (2) shall be required to continue his membership and contribution shall be payable as under :- _____________________________________________________________________ 4 Paragraph 24 substituted vide G.S.R. 492 dated 1.4.66. 5 Heading substituted vide S.O. 2620 dated 26.11.61. 6 Added vide S.O. 2620 dated 26.11.61. 7 Sub paragraph (3) of paragraph 25 added vide S.R.O. 128 dated 2.1.1957. 1 Explanation substituted vide G.S.R. 1173 dated 1.9.62. 14 COAL MINES PROVIDENT FUND SCHEME (a) at the rates prescribed in Table I of paragraph 27 till the 31st December 1957; (b) at the rates prescribed in Table IV of Paragraph 27 during the period from the 1st January 1958 to the 30th September 1962. (c) at the rates prescribed in Table V of paragraph 27 from the 1st October 1962 1(to the 31st March, 1991.) *[(d) at the rates prescribed in Table Vi of para-graph 27 from the 1st April, 1991 onwards.] [For Assam, see paragraph 3 and 4 of Appendix-I. For Talcher, see paragraph 3 of Appendix-II. For Rewa and Korea, see paragraph 3 of Appendix-III. 2[25A- Class of employees required to join the Fund after the 31st December 1961. 4(1)Every employee in a coal mine to which this Scheme applies other than an excluded employee shall be required to join the Fund and become a member immediately after the end of the month following any month 5(or quarter as the case may be ) in which he completes the days of attendance - (i) in the period beginning with (December 1961)3 and ending with December 1967 for not less than 105 days, if he is an underground employee and 130 days, if he is a surface employee, and (ii) after December 1967 6(but before January 1970) for not less than 95 days, if he is an underground employee and 120 days, if he is a surface employee in a coal mine during a period of six months; 7(iii) after December 1969, for not less than 48 days, if he is an underground employee and 60 days, if he is a surface employee in a quarter; 8(iv) after December 1978, for not less than 48 days, if he is an underground employee and 60 days, if he is a surface employee from the date he is employed in a coal mine]; 9(v) after March 1989 for not less than 30 days from the date he is employed in a coal mine. ______________________________________________________________________ 1. The word “on-wards” substituted vide G.S.R. 506 dated 07.09.1991. * Paragraph 25(3)(d) inserted vide G.S.R. 506 dated 07.09.1991. 2 Paragraph 25 & 25 B added vide S.O. 2620 dated 28.10.61. 3 “December 1962” for Assam, Talcher and Rewa & Korea vide G.S.R. 161,162 & 163 and 49 respectively dated 19.1.68. 4 Sub-paragraph (1) substituted vide G.S.R. 157. 5 ( ) Added vide S.O. 54 dated 2.1.70. 6 ( ) Added vide S.O. 54 dated 2.1.70. 7 Clause (iii) added vide S.O. 54 dated 2.1.70. 8 Clause (iv) of paragraph 25 A inserted vide G.S.R. 463 dated 24.3.79. 9 Clause (v) of paragraph 25 A inserted vide G.S.R. 258 dated 8.4.89. 15 COAL MINES PROVIDENT FUND SCHEME (2) Any dispute as to whether an employee is an underground or a surface employee shall be referred to the Coal Mines Provident Fund Commissioner, whose decision thereon shall be final. (3) The period of six months in which the qualifying attendance is required to be put in under sub-paragraph (I) shall be reckoned from the beginning of 4[August 1961] or from the beginning of the month in which an employee is appointed in the Coal Mine concerned, whichever is later. Where an employee fails to qualify for membership of the Fund in the first spell of six months, subsequent spells shall be worked out by eliminating the first month of the previous spell and adding up there to another month at the end; Provided that in the case of an employee other than a monthly paid employee, the attendance put in a week which spreads over two calendar months shall be deemed to relate to the calendar month in which the week ends. 25B. Allowance for leave etc. (1) For the purpose of paragraph 25A, any kind of leave, other than maternity leave, granted by the employer to an aggregate of 21days in a calendar year or, where an employee has availed himself of earned leave (including accumulations), the actual number of days of such leave plus five days, days of lay off as defined in clause (kkk) of Section 2 of the Industrial Disputes Act, 1947 days of idleness caused by any lock out which is illegal under Section 24 of the Industrial Disputes Act,1947 and days of absence from work on account of compulsory attendance in a court of law shall count as days of attendance. (For J & K see paragraph 3 of Appendix-IV). (2) If on any working day in any qualifying period of six months an employee is on maternity leave or is unable to attend work owing to temporary disablement, the number of days for which such employee must put in attendance to qualify for the membership of the Fund under paragraph 25A shall be reduced by seventy percent of such working days if such employee is an underground employee and by eighty five percent of such working days if such employee is a surface employee. Explanation - In calculating the said percentage of such working days a fraction less than half shall be disregarded and not less than half shall be counted as one. 1[(3) If in any qualifying period of six months, anyday, other than the weekly holiday is observed as a paid holiday in any coal mine, the number of days for which the employees must put in attendance in such period to qualify for the membership of the Fund under paragraph 25A shall be reduced by the number of such paid holidays falling in such period. In the event of a dispute as to whether a day is a paid holiday or not, the decision of the Chief Inspector of Mines shall be final.] ______________________________________________________________________ 4 “August 1962” for Assam, Talcher and Rewa & Korea vide G.S.R. 48, 50 and 49 respectively dated 28.12.62. 1 sub-paragraph (3) of para 25B substituted by G.S.R. 45 dated 28.12.62. 16 COAL MINES PROVIDENT FUND SCHEME (4) If any question arises whether an employee is required to become or continue as a member of the Fund or as regards the date from which he is required to become a member, the decision thereon of the Coal Mines Provident Fund Commissioner shall be final. [225C. Continuance of membership of the Fund in case of Employees of the National Coal Development Corporation. In the event of a member becoming an excluded employee under sub-clause (ii) of clause (g) of paragraph 2, he shall be required to continue his membership of the Fund till the date on which the order of his permanent absorption by the National coal Development Corporation Limited in a cadre to which this scheme does not apply, is issued. Provided that where any member on becoming an excluded employee as mentioned above, before the commencement of the Coal Mines Provident Fund (Amendment) Scheme 1970, has been made a member of any Provident Fund other than the Coal Mines Provident Fund, such member shall be required to contribute to the later Fund from such date as the Commissioner may specify in each case.] #[25D. Membership of the Scheme to employees of Central Coalfields Limited Staff provident Fund and Coal Mines Authority Limited Staff Provident Fund. (1) Every person who is in the employment of a coal mine and is a member of the Central Coalfields Limited Staff Provident Fund and the Coal Mines Authority Limited Staff Provident Fund shall become a member of the Fund. (2) An employee shall pay his contribution at the rate specified in Table V of paragraph 27 of the Scheme.] 26. Election for Continuance of Membership of Certain Other Provident Funds— (1) Notwithstanding anything to the contrary contained in paragraph 25 a subscriber to a Provident Fund recognised under the Indian Income Tax Act 1922 (XI of 1922), or to which the Provident Funds Act 1925 (XIX of 1925), applies, may elect to continue as a subscriber thereto and if he does so, he shall not be required to or be entitled to become a member of the Fund. (2) The election referred to sub-paragraph (1) shall be made in Form C annexed hereto as soon as possible after he qualifies for membership of the Fund and shall be sent by the employer by registered post to the commissioner so as to reach him within six months of the date on which the Scheme is notified or within six weeks of the end of the period or quarter in which he qualifies for membership of the Fund under paragraph 25, whichever is later. [For Assam, see paragraph 5 of Appendix-I. For Talcher, see paragraph 4 of Appendix-II. For Rewa and Korea, see paragraph 4 of Appendix-III. For J & K, see paragraph 4 of Appendix-IV]. *[(3) Where a subscriber to a recognised Provident Fund having elected to continue to subscribe to that Fund under sub-paragraph (1) and (2) makes an application to the Commissioner @ for becoming a member of the Provident Fund established under this Scheme, the Commissioner may, if he is so satisfied, permit the subscriber to make a fresh election and where the subscriber is so permitted, the employer shall require the subscriber ______________________________________________________________________ 2 Paragraph 25C inserted vide G.S.R. 531 dated 21.3.70. * Inserted vide S.R.O. 1472 dated 2nd July 1955. @ The words “such period as the Commissioner may specify in this behalf” first inserted vide Govt. of India, Min. of Labour Notification No. PF 2(99) 56 dated 20th April 1956 and then omitted alongwith the word ‘within’ vide notification No. 1, 111015/47/71-PF I(1) dated 17 COAL MINES PROVIDENT FUND SCHEME 15.6.71. # Paragraph 25D inserted vide G.S.R.687(E) dated 8.10.2002. to make a fresh election in Form C and if he elects to join the Fund, he shall be deemed to have become a member of the Fund and shall be entitled to contribute to it from the date of such re-election. The election certificate together with a return, in duplicate, in form ‘H’ and the declaration of the subscriber in Form ‘A’ shall be forwarded to the commissioner by the employer within a fortnight of the date of the said certificate. The said return in Form ‘H’ shall be marked ‘Special’ and shall be deemed to relate to the quarter in which the certificate in Form C is signed irrespective of whether the subscriber qualifies or does not qualify for bonus in that quarter.] 27. Rates of Contributions - (1) Contributions shall be payable under this Scheme in respect of every member, whether an initial member or not, employed directly or indirectly in any coal mine to which this scheme applies in respect of each month or week, as the case may be, for the whole or part of which he is so employed after the 31st December 1948 and shall comprise contribution by the member and contribution by the employer at the rates specified in the following table: 1[Provided that in respect of every member who may qualify for membership of the Fund under sub-paragraph (3) of paragraph 25, contribution shall be payable under this scheme in respect of every month for whole or part of which he is so employed after the 31st December 1956 and shall comprise contribution by the member and the employer at the rates specified in – 2[(a) Table-I below till the 31st December 1957. (b) Table- IV below during period from the 1st January 1958 to the 30th September 1962; (c ) Table-V below from the 1st October 1962 *(to the 31st March, 1991.)] **[(d)Table VI below from the 1st April, 1991 $to 30th April, 2000;.] #[(e) Table VII below from 1st May, 2000 onwards.] 3[Provided further that nothing contained in this paragraph shall be deemed to require contribution in respect of any member for any period before the commencement of the Coal Mines Provident Fund (Amendment) Scheme,1961 during which he was a non-contributory member and contributions in respect of a member who, immediately before the commencement of the said Scheme, was non-contributory member, shall be payable in respect of each month or week, as the case may be, for the whole or part of which he is employed after such commencement.] [For Assam, see paragraph 6 of Appendix-I. For Talcher, see paragraph 5 of Appendix-II. For Rewa and Korea, see paragraph 5 of Appendix-III. ______________________________________________________________________ * The word “onwards” substituted vide G.S.R. 506 dated 07.09.1991. ** Paragraph 27(d) inserted vide G.S.R. 506 dated 07.09.1991. 1 New proviso added vide S.R.O. 128 of 2nd January 1957. 2 Substituted vide G.S.R. 1173 dated 1.9.62. 3 Second proviso to para 27(1) re-constituted vide S.O. 2620 dated 26.11.61. $ The words “onwards.” substituted vide G.S.R. 940(E) dated 27.12.2000. # Paragraph 27(e) inserted vide G.S.R. 940(E) dated 27.12.2000. 18 COAL MINES PROVIDENT FUND SCHEME TABLE I 1[Rate of contribution for the period from 18th July 1955 to 31st December 1957 in respect of monthly rated employees whose rates of basic wages exceed rupees thirty per month]. ** Total of monthly basic wages, Member’s Employer’s Total monthly dearness allowance and cash contribution contribution contribution equivalent to concessional rations at the rate of fifteen rupees per month Rs. As. Rs. Rs. As. As. Upto Rs. 10 0 10 1 0 4 10 Over Rs. 10 and upto Rs. 16 1 0 2 1 0 0 Over Rs. 16 and upto Rs. 24 1 8 3 1 0 8 Over Rs. 24 and upto Rs. 36 2 0 4 2 0 0 Over Rs. 36 and upto Rs. 54 3 0 6 3 0 0 Over Rs. 54 and upto Rs. 72 4 0 8 4 0 0 Over Rs. 72 and upto Rs. 88 5 0 10 5 0 0 Over Rs. 88 and upto Rs. 104 6 0 12 6 0 0 Over Rs.104 and upto Rs. 120 7 0 14 7 0 0 Over Rs.120 and upto Rs. 136 8 0 16 8 0 0 Over Rs.136 and upto Rs. 150 9 0 18 9 0 0 Over Rs.150 and upto Rs. 175 10 0 20 10 0 0 Over Rs.175 and upto Rs. 200 12 0 24 12 0 0 Over Rs.2002 and upto Rs. 240 15 0 30 15 0 0 2Over Rs. 240 @1/16th of the @1/16th of the @2/16th of the total of monthly total of monthly total of monthly basic wages,basic basic wages, wages, dearness dearness dearness allowances and allowances and allowances and cash equivalent of cash equivalent cash equivalent concessional of concessional of concessional ration at the rate ration at the rate rations at the of fifteen rupees of fifteen rupees rate of fifteen per month rupees per month per month rounded off to the nearest rupee. ______________________________________________________________________ 2 These words and figures were inserted under the Ministry of Labour Notification No. P.F. 2(2) 51 dated 23rd April 1951. ** The words “basic wages for the month” substituted by S.R.O. 1472 dated 2.7.55. @ The words and figures “1/16th of basic wages” and “2/16th of basic wages rounded off to the nearest rupee” which were inserted vide notification No. PF 2(2)/51 dated 23.4.1951 were later substituted by S.R.O. 1472 dated 2.7.55. 1 The heading modified by Notification No. P.F. 2(10)/52 dated 2nd July 1955 was reconstituted under Notification No. PF 1/ 2 (114)/56-1 dated 10th January 1958. 19 COAL MINES PROVIDENT FUND SCHEME TABLE-II *Emoployees Other than Monthly Rated Basic wages for **any week ending Member’s Employer’s Total weekly on or before the 17th July 1955 contribution contribution contribution Annas Annas Annas Upto re. 1 Nil Nil Nil Over Rs. 1 and upto Rs. 2 2 2 4 Over Rs. 2 and upto Rs. 3 3 3 6 Over Rs. 3 and upto Rs. 5 4 4 8 Over Rs. 5 and upto Rs. 7 6 6 12 Over Rs. 7 and upto Rs. 9 8 8 16 Over Rs. 9 and upto Rs. 11 10 10 20 Over Rs. 11 12 12 24 @TABLE III Rates of Contribution for any Wage Period Ending on or 1[between the 18th July 1955 and the 26th January 1958] Rate of Provident Fund Contribution Category of Employees Member’s contribution per Employer’s contribution rupee of basic wage for the per rupee of basic wage for week the week Annas Annas (a) Weekly paid employees- (i) In the states of Bihar 3 3 & West Bengal 2½ 2½ (ii) In all other States Member’s contribution per Employer’s contribution rupee of basic wage for the per rupee of basic wage for month the month Annas Annas (b) Monthly paid employees whose basic rate of pay does not exceed Rs. 30 per mensem: (i) In the states of Bihar & West Bengal 3 3 (ii) In all other States 2½ 2½ ______________________________________________________________________ * The words “other employees” substituted by S.R.O. 1472 dated 2nd July 1955 ** The words “the week” substituted by S.R.O. 1472 dated 2nd July 1955 @ Table III inserted by S.R.O. 1472 dated 2nd July 1955. 1 These have been substituted for the words “after the 18th July 1955” vide Notification No. P.F. 1/ 2(114)/56-1 dated 10.1.1958. 20 COAL MINES PROVIDENT FUND SCHEME 1[TABLE IV Rates of contribution for all members for any wage period ending on or 2(between the 27th January 1958 & the 30th September 1962) RATE OF PROVIDENT FUND CONTRIBUTION MEMBER’S CONTRIBUTION EMPLOYER’S CONTRIBUTION 6½ % of total emoluments rounded 6¼ % of total emoluments rounded off to off to the nearest naya paisa. the nearest naya paisa.] 3[TABLE V (Rate of contribution for all members for any wage period ending on or after 1st October 1962 *and the 31st March, 1991) RATE OF PROVIDENT FUND CONTRIBUTION MEMBER’S CONTRIBUTION EMPLOYER’S CONTRIBUTION 8% of total emoluments 8% of total emoluments] ______________________________________________________________________ (2) If any dispute arises as to whether a particular item of emoluments is a part of basic wages or not, the dispute shall be referred to the Chief Labour Commissioner (Central), whose decision shall be final. 4[(2A) If any doubt arises to whether a particular payment is a part of total emoluments or not, the matter shall be decided by the commissioner whose decision shall be final]. 5[(3) For the purpose of ascertaining the amounts of a member’s contribution or an employer’s contribution payable in terms of Table-III, any fraction of a rupee in the member’s basic wages for the wage period for which contribution is so payable shall, in the first instance, be rounded off to a rupee, even though the fraction is less than eight annas. Fraction of an anna both in the member’s and the employer’s contributions shall be ignored. $[TABLE VI (Rate of contribution for all members for any wage period ending on or after the 1st April, 1991 to **30th April, 2000). RATE OF PROVIDENT FUND CONTRIBUTION Member’s Contribution Employer’s Contribution 10% of total emoluments. 10% of total emoluments. #[TABLE VII (Rate of contribution for all members for any wage period ending on or after the 1st May, 2000) RATE OF PROVIDENT FUND CONTRIBUTION Member’s Contribution Employer’s Contribution 12% of total emoluments. 12% of total emoluments. ______________________________________________________________ * Inserted vide G.S.R. 506 dated 07.09.1991. 1 Table IV inserted vide Notification No. P.F.1/ 2 (114)/56-1 dated 10.1.1958. 2 Substituted vide G.S.R. 1173 dated 1.9.1962. 3 Table V inserted vide G.S.R. 1173 dated 1.9.1962. 4 Sub-para (2A)inserted vide Notification No. P.F. 1/ 2 (114)/56-1 dated 10.1.1958. 5 Sub-para (3) and (4) inserted vide S.R.O. 1472 dated 2.7.1955. $ Table VI inserted vide G.S.R.506 dated 7.9.1991. 21 COAL MINES PROVIDENT FUND SCHEME ** The words and figures “30th April, 2000” substituted vide G.S.R. 940(E) dated 27.12.2000. # Table VII inserted vide G.S.R.940(E) dated 27.12.2000. 22 COAL MINES PROVIDENT FUND SCHEME (4) In calculating the total emoluments for the purpose of ascertaining the amount of a member’s contribution or an employer’s contribution in terms of Table-I the cash equivalent of concessional rations for the entire month shall be reduced by eight annas for each day of absence without pay irrespective of whether rations at concessional rates are drawn by the member or his dependents during such absence or not. Where a member leaves service in a coal mine before the end of a month or is appointed in a coal mine after the first day of month, reduction at the rate of eight annas per day shall be made from the cash equivalent of concessional rations at the rate of fifteen rupees per month in respect of the days of that month following or preceding such termination or joining service.] 1 [(5) For the purpose of ascertaining the amount of a member’s contribution or an employer’s contribution payable in terms of Table IV, 2[or Table V], total emoluments shall, in the first instance, be rounded off, to the nearest rupee by treating 50 naye paise or more as a rupee and ignoring sums less than 50 naye paise.] 3 [27A. Voluntary contribution by members: (1) A member may, if he so desires, contribute in excess of the compulsory contribution prescribed in Table –V under sub-paragraph (1) of paragraph 27, *[at a rate not exceeding 12% of total emoluments] rounded off to the nearest rupee. #[Provided that the provisions of this sub-paragraph shall not apply to the members of the Central Coalfields Limited Staff Provident Fund who are contributing in excess of the above limit on the date they become members of the Coal Mines Provident Fund.] (2) A member desirous of making voluntary contribution under sub-paragraph (1) shall apply to the commissioner 4[or to any other officer subordinate to him and authorised by him in this behalf] in such form and manner as may be prescribed by 5[the Commissioner]. (3) The rate of voluntary contribution may be varried by a member at his own discretion within the maximum prescribed in sub-paragraph (1) not more than once in a currency year. Provided that an intimation of the variation in the rate of voluntary contribution shall be sent by the member to the commissioner 5[or to any other officer subordinate to him and authorised by him in this behalf] in such form and manner as may be prescribed by 5[the Commissioner]. 6 [(3A) The Commissioner or any other Officer so authorised by him may, on receipt of an application in such form as he may prescribe, permit a member to discontinue his voluntary contribution at any time. (3B) Where cessation of voluntary contribution is permitted under sub-paragraph (3A) within six months from the date of commencement of the Coal Mines Provident Fund(Amendment)Scheme, 1964, the Commissioner or any other Officer subordinate to him and duly authorised by him may, if the member so desires, allow the member to withdraw his voluntary contribution to the Fund made till the date from which cessation of voluntary contribution is permitted, together with such interest as may be admissible under paragraph 61.] 7 [(4) The voluntary contribution applied for under sub-paragraph (2) or the variation thereof under sub-paragraph (3) or cessation thereof under sub-paragraph (3A), as the case may be shall take effect from the beginning of a prospective wage periods, as may be directed in each case by the Commissioner or when so authorised by the Commissioner, by any officer subordinate to him.] ______________________________________________________________________ 1 Sub-para (5) of para 27 added vide Notification No. PF-1/2(114)/56-1 dated 10.1.1958. 2 Inserted vide G.S.R. 1173 dated 1.9.1962. 3 Para 27a added vide G.S.R. 1063 dated 6.6.1963. 4 Added vide G.S.R. 1063 dated 20.1.1964. 5 The word “him” substituted vide G.S.R. 121 dated 20.1.1964. 6 Sub-para (3A) and (3B) added vide G.S.R. 128 dated 20.1.1964. * Substituted vide G.S.R. 513 dated 16.7.1983. 7 Sub-para (4) re-constituted vide G.S.R. 128 dated 20.1.1964. # Added vide G.S.R.687(E) dated 8.10.2002. 23 COAL MINES PROVIDENT FUND SCHEME (5) The employer shall not be required to add any matching contribution on the voluntary contribution prescribed in sub-paragraph (1) by members in excess of their compulsory contribution prescribed in Table-V under sub-paragraph (1) of paragraph 27]. 1[27B. Rounding off to the nearest rupee: Each contribution under paragraphs 27 and 27A shall be rounded off to the nearest rupee treating fifty paise or more as the next higher rupee and ignoring fractions of a rupee less than fifty paise. 2 [28. Payment of contribution- The employer shall, in the first instance, pay both the contributions payable by himself (in this Scheme referred to as the employer’s contribution) and also on behalf of the members employed by him directly or by through a contractor the contribution payable by such members (in this scheme referred to as the member’s contribution) irrespective of whether he or the contractor has recovered the member’s contribution from their wages or whether the contractor has made the payment to the employer under paragraph 30 or not. 29. Recovery of Member’s Contribution – (1) The employer, while paying any wages to a member employed by him directly and a contractor while paying any wages to a member employed by or through him, shall recover therefrom, the member’s contribution for the period to which the wages relate. (2) Any sum deducted under sub-paragraph (1) by an employer or by a contractor from the wages of a member shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted. (3) Where an employer or a contractor proves to the satisfaction of the Commissioner that he, for reasons beyond his control or because of any bonafide error on the part of employees in charge of making recovery from the members, could not recover the member’s contribution from the concerned member’s wages for the period to which the contribution relates, the Commissioner may, at his discretion, permit recovery of arrears of such contributions from subsequent wages of the members concerned, in such number of instalments as he may deem proper. 30 Duties of Contractors- (1) Any sum recovered or due to be recovered by a contractor under sub-paragraph (1) of paragraph 29 alongwith the employer’s contribution thereon and the charges payable under sub-paragraph (2) of paragraph 33A for meeting the cost of administration of the Fund shall be paid by him to the employer within three days from the date on which the wages to which such contributions and charges relate, become due for disbursement to the members under Section 5 of the Payment of Wages Act, 1936. ______________________________________________________________________ 2 Paragraph 28,29 and 30 substituted vide G.S.R. 492 dated 1.4.1966. 1 Paragraph 27B inserted vide G.S.R. 1312 dated 29.12.1984 24 COAL MINES PROVIDENT FUND SCHEME (2) The contractor required to make any recovery under sub-paragraph (1) of paragraph 29 shall record all recoveries to be made under that sub-paragraph and also the employer’s contribution payable thereon, in the appropriate columns of the register of wages in form III appended to the Payment of Wages (Mines) Rules, 1956 framed under Payment of wages Act, 1936 relating to the wage period to which such recoveries and contributions relate and shall furnish a copy of the said form III to the employer within three days from the date on which disbursement of wages for that wage period becomes due under Section 5 of Payment of Wages Act, 1936. He shall also furnish to the employer such other documents and information as the employer may require of him for the purpose of submitting returns under this scheme or generally for the purpose of implementing this Scheme.] 31. Payment of contribution in respect of Initial members- (I) In respect of all initial members of the Fund employed by an employer in West Bengal and Bihar during the period from the 12th May 1947 to the 13th September 1948 and by an employer in Central Provinces and Berar and Orissa during the period from the 10th January1948 to 13th September1948 the employer shall be required to pay for the credit as member’s contribution to the Fund the amounts deducted by him under sub-paragraph (3) of paragraph 7 of the Coal Mines Bonus Scheme from the bonus payable, together with an equal amount on account of the employer’s contribution and also an administrative charge equal to 5 per cent of the total amount of the employer’s and member’s contributions. (2) The payment referred to in sub-paragraph (1) shall be made by deposit in such Government treasury or branch of the Imperial Bank of India and under such head of account and at such time as the Central Government may direct. The original treasury or bank challan shall be sent to the Commissioner with a statement in Form ‘B’ annexed hereto within one week of the date of the deposit. Note:1.- The employer’s as well as member’s contribution shall be payable in respect of all initial members irrespective of whether or not the initial member is in the services of the employer at the time when the payment falls due. Note:2.- If the total amount of the member’s as well as his employer’s contribution has been refunded by the employer to any member at the time of his leaving the coal mining industry before the 1st October 1948 no contribution shall be payable to the Fund by the employer in respect of such member. In all other cases employer’s as well as the member’s contribution shall be payable to Fund. Note:3.- For the sake of removal of doubt, it is hereby stated that no contribution under paragraph 27 or under this paragraph, shall be payable in respect of the period from the first of October 1948 to the thirty first of December 1948. 25 COAL MINES PROVIDENT FUND SCHEME [Paragraph 31 omitted for Assam, Talcher, Rewa and Korea and J& K see paras as 7,6,7 and 5 of Appendix I, II, III & IV respectively.] [For Talcher also see paragraph 9 of Appendix –II.] 1 [31A. Transfer of accumulation from other Provident Funds of coal mines- (1) Where an employee who is a subscriber to any provident fund of the coal mine in which he is employed becomes a member of the Fund he shall, if he has not withdrawn his accumulations in that Provident Fund before 1st April 1966, apply in form and in such manner as the Commissioner may specify, for transfer of his accumulations in the Provident Fund of the coal mine standing to his credit, to the Fund. (2) The Commissioner or, where so authorised by him, any officer subordinate to him shall, on receipt of an application under sub-paragraph (1), call upon the employer or the authority administering the Provident Fund of the coal mine, as the case may be, to transfer to the Fund the accumulations of the member under sub-section (1) of Section 3-D of the Act. (3) The employer or the authority called upon to transfer a member’s accumulations under sub-paragraph (2) shall, within 3 months from being called upon, transfer to the Fund all contributions of the member and of the employer on his behalf paid or payable till the date of the member’s joining the Fund or, till the date of his leaving service of the coal mine to which that Provident Fund relates whichever is earlier, togetherwith all accretions and interest upto the end of the month preceding the month in which the accumulations are transferred to the Fund. (4) Any amount required to be transferred to the Fund under sub-paragraph (3) shall be paid to the Fund by means of account-payee cheque or bank drafts drawn in favour of the Coal Mines Provident Fund Account No. 1 or, as the case may be, by transferring to the Board any Central Government securities in which accumulation of Provident Fund may have been invested. (5) Where any payment under sub-paragraph (4) is made by an outstation cheque the Bank collection charges thereon shall be paid by the Fund out of its Reserve Account referred to in sub-paragraph(4) of paragraph 63. (6) Where any payment under sub-paragraph (4) is made by transferring Central Government securities, such securities shall be acceptable by the Fund at their cost price, provided the cost price does not exceed the face value thereof and where the cost price exceeds the face value, the securities shall be accepted at their face value. (7) The employer or the authority making any payment under sub-paragraph (3) shall, within 15 days of the payment, submit a statement in such form and in such manner as the Commissioner may specify showing the amount of member’s contribution, employer’s contribution and interest transferred to the Fund for each member alongwith written acceptance of the concerned members confirming that the amount transferred has been accepted by them as correct. ______________________________________________________________________ 1 The new paragraph 31A, 31B and 31C inserted by G.S.R. 492 dated 1.4.66. 26 COAL MINES PROVIDENT FUND SCHEME (8) A receipt granted by the Commissioner, or where so authorised by him, by any officer subordinate to him for the accumulations transferred to the Fund shall be a sufficient discharge of the liability of the employer or the authority making the transfer under sub-paragraph (3) to the extent of the amount transferred and the members whose accumulations are transferred shall not be required to give any letter of discharge or receipt for such amounts. (9) Any amount transferred to the Fund under sub-paragraph (3) for a member shall be credited to his accounts in the Fund and shall thereafter be treated as his accumulations in the Fund for all purpose of this Scheme. (10) Any accumulations transferred under sub-paragraph (3) for a member shall be deemed to be his contributions for the currency period in which the amount is received in the Fund and such contributions shall, not withstanding the provisions contained in paragraph 61, earn interest in the Fund from the beginning of the month immediately following the month in which the amount is received in the Fund. 31B. Transfer of accumulations from Provident Funds of establishments other than coal mines. (1) Where an employee who is subscriber to any Provident Fund of an establishment, not being a coal mine to which this Scheme applies, leaves his employment in that establishment and obtains re-employment in a coal mine and becomes a member of the Fund, he may, if he so desires, apply in such form and in such manner as the Commissioner may specify, for the transfer of his accumulations in the Provident Fund of the establishment to the Fund. (2) On receipt of an application under sub-paragraph (1) the Commissioner or, where so authorised by him any other officer subordinate to him shall ascertain from the authority administering the Provident Fund to which the member was subscribing period to his joining the Fund whether the rules of that Provident Fund permit the desired transfer. (3) Where rules of the Provident Fund to which the member was subscribing before joining the Fund permit the desired transfer, the Commissioner or where so authorised by him, any other officer subordinate to him shall call upon the authority administering that Provident Fund to transfer to the Fund the member’s accumulations in that Provident Fund. Where an authority administering a Provident Fund has been called upon to transfer a member’s accumulations under this sub-paragraph, the provisions contained in sub-paragraphs (3) to (10) of paragraph 31A shall apply in the same manner as if the Provident Fund from which accumulations are to be transferred, was that of a coal mine. 27 COAL MINES PROVIDENT FUND SCHEME 31C. Transfer of Accumulations from the Fund to Other Provident Funds. (1) 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 this Scheme applies, and becomes a subscriber to any Provident Fund of that establishment he may, if he so desires, apply in such form and manner as the Commissioner may specify for the transfer of his accumulations in the Fund to the Provident Fund of the establishment in which he is re-employed (hereinafter referred to as the new establishment). (2) On receipt of an application under sub-paragraph (1) the Commissioner or, where so authorised by him, any officer subordinate to him shall ascertain from the authority administering the Provident Fund of the new establishment whether the rules of the Provident Fund of the new establishment permit acceptance of accumulations transferred from other Provident Funds. (3) Where the rules of the Provident Fund of the new establishment permit acceptance of the transferred accumulations, the Commissioner or where so authorised by him, any officer subordinate to him shall transfer the amount standing to the credit of the member in the Fund together with interest upto the end of the month preceding the month in which the transfer is effected and shall send to the authority administering the Provident Fund of the new establishment a statement in such form as the Commissioner may specify showing the amount of member’s contribution, employer’s contribution and interest transferred. (4) The transfer of accumulation under sub-paragraph (3) shall be made by means of an account payee cheque in favour of the authority administering the Provident Fund to which the amount is transferred and in the event of any Bank collection charges being demanded by the authority administering the Provident Fund of the new establishment the same shall be paid out of the Reserve Account of the Fund referred to in sub-paragraph (4) of paragraph 63. (5) The receipt granted by the authority administering the Provident Fund to which any amount is transferred under this paragraph shall be a sufficient discharge of the liability of the Fund to the member whose accumulations are transferred to the extent of the amount transferred.] # [31D. (1) All moneys and assets standing to the credit of the Central Coalfields Limited Staff Provident Fund and the Coal Mines Authority Limited Staff Provident Fund shall be transferred to the Fund and shall be dealt with by the Commissioner in accordance with the provisions of the Scheme. (2) Any outstanding amount payable or due to be paid at any time by any employer to the Central Coalfields Limited Staff Provident Fund and the Coal Mines Authority Limited Staff Provident Fund shall be paid and be payable, as the case may be, to the Fund within thirty days from the date on which the amount become due. (3) Any default made by an employer under sub-paragraph (2) shall carry in interest at the rate of two percent. Over and above the rate of interest as applicable to the member of the Scheme on the accumulation of their Fund] 32. Lumpsum Contribution- (1) Every employer shall be required to pay for credit to the “Reserve Account” of the Fund a consolidated contribution in respect of the period from the twelvth of May 1947 in the case of coal mines in West Bengal and Bihar and from the Tenth of October 1947 in the case of coal mines in the Central Provinces and Berar and Orissa upto thirty first of December 1948 at such rate per ton of coal raised in the coal mine during the period concerned as the Central Government may specify in this behalf: 28 COAL MINES PROVIDENT FUND SCHEME # Para 31(D) inserted vide G.S.R.687(E) dated 8.10.2002. 29 COAL MINES PROVIDENT FUND SCHEME Provided that any sum deposited under paragraph 31 as the employer’s contribution and the administrative charge shall be allowed as a deduction from the amount which would otherwise be required to be paid under this paragraph. (2) The payment referred to in sub-paragraph (1) shall be made by deposit in such Government treasury or branch of the Imperial Bank of India and under such head of account and at such time, as the Central Government may direct. The original treasury or bank challan shall be sent to the Commissioner, with a statement in such Form as he may specify, within one week of the date of the deposit.. [For Assam, see paragraph 8of Appendix-I. For Talcher, see paragraph 7 of Appendix-II. For Rewa and Korea, see paragraph 7 and 7A of Appendix-III. For J & K, see paragraph 5 of Appendix-IV]. 33. Mode of Payment of Contribution (*in respect of any period of currency commencing prior to the 1st of April 1953) - Affixing of Stamps – (1) Every contribution payable under this Scheme (*in respect of any period of currency commencing prior to the 1st of April 1953) shall, except as otherwise provided herein, be paid by affixing stamp in the space provided therefore in the Contribution Card maintained for each member in Form ‘D’ or ‘E’ annexed hereto. (2) An employer who is liable to pay contribution in respect of [**such period of currency for] any member employed by him, shall pay the contributions in the following manner:- The employer shall before paying the member the wages in respect of any part of the period for which contributions are payable, affix to the card of the member a stamp or stamps in payment of the contributions due in respect of that period: Provided that it shall be the duty of the employer in any case- (a) before the termination of the employment, except where the employment is terminated by the member without any notice or intimation to the employer in which case the employer shall pay contributions within fourteen days of the termination of the employment, (b) within six days after the expiration of the period of currency of the card, (c) if the wages have become due but have not been paid, within forty eight hours after receiving a request in that behalf from the member to affix to the card of the member a stamp or stamps in respect of the period, ending at the date of such termination, expiration or request. (3) In respect of [***any currency period commencing before the 1st April 1953 or part thereof] during which the contribution card of the member has not been received by an employer from the last employer or the Commissioner, the employer shall prepare an emergency card in Form F annexed hereto and shall pay any contribution payable in respect of the member by affixing a stamp or stamps to such a card ______________________________________________________________________ * Inserted vide S.R.O. 3306 dated 22.10.1954. ** Inserted vide S.R.O. 3306 dated 22.10.1954. *** The words “the period” substituted by S.R.O. 3306 dated 22.10.1954. 30 COAL MINES PROVIDENT FUND SCHEME 31 COAL MINES PROVIDENT FUND SCHEME @ Provided that the Commissioner may direct that any payment under this paragraph shall be made in one or the other modes specified in clauses (i) to (iv) of sub-paragraph (3) of paragraph 33A of this Scheme. For J & K see Paragraph 5 of Appendix-IV. * 33A. Mode of Payment of contribution for any period of currency commencing on or after the 1st April 1953 – Payment in cash – (1) Every contribution payable under this Scheme during a period of currency commencing at any time on or after the 1st April 1953 shall be paid monthly in respect of each colliery separately on or before the date specified in sub-paragraph (2). The contributions shall be calculated - **[as provided in this Scheme} for all wage periods ending in a month. (2) The employer shall pay to the Fund both the employer’s contribution as well as the member’s contribution togetherwith an amount [***calculated at the rates mentioned in paragraph 33B of this Scheme] to defray the cost of administration of the Fund on or before 3(the last day) of every month following the month to which the contributions relate. 4(3) Every payment under sub-paragraph (2) shall be made in one or the other of the methods specified below:- (i) By means of crossed account-payee cheque drawn in favour of the Coal Mines Provident Fund Account No. 1. Provided that where payment is made by means of a cheque of a Bank situated in a place, other than Dhanbad, bank collection charges shall be added to the amount of the cheque or remitted separately when so directed by the Commissioner; (ii) By means of crossed account-payee bank drafts on the State Bank of India, Dhanbad, 8[or any other Nationalized/Scheduled Bank] drawn in favour of the Coal Mines Provident Fund Account No. 1. (iii) By deposit of the amount in cash either in the State Bank of India, Dhanbad, or in the office of the Commissioner at Dhanbad for being credited to the Coal Mines Provident Fund Account No.1. #(iv) By “telegraphic transfer” or “electronic transfer”. 2[(4) For all payments made by an employer under sub-paragraph (3) upto and for the month of May, 1963 a monthly abstract in Form ‘P’ annexed hereto and in Form ‘P’ (Revised) annexed hereto in respect of all payments made thereafter shall be sent by an employer in duplicate separately in respect of each colliery to the Commissioner by registered post or by a messenger on or before 7(the last day) of each month following the month to which such payments relate togetherwith the appropriate cheques, draft, receipted pay-in-slip or 5(cash receipts) in taken of the employer having made such payment.] ______________________________________________________________________ @ Proviso inserted vide S.R.O. 1398 dated 6.6.1956. * Inserted vide S.R.O. No. 3306 dated the 22nd Oct. 1954. ** The words “on the basis of wages payable” substituted by S.R.O. 1472 dated 2nd July 1955. *** Inserted vide S.R.O. 1852 dated 20th August 1955 in substitution of the words “equivalent to five per centum of the total amount of contribution”. 2 Sub-para (4) of para 33A reconstituted vide G.S.R. 1063 dated 6.6.1963. 3 The words and figure, “The 15th day” substituted vide G.S.R. 1726 dated 11.9.68. 4 Sub-para (3) substituted vide G.S.R. 1726 dated 11.9.1968. 5 The words “original receipted challans” substituted vide G.S.R. 1726 dated 11.9.68. 7 The figure and word “15th day” substituted vide G.S.R. 1726 dated 11.9.68. # The new clause 33A(3)(iv) added vide G.S.R.121 dated 14.02.2001. 8. Added vide G.S.R.402 dated 19.11.2004. 32 COAL MINES PROVIDENT FUND SCHEME For J & K see Paragraph 6 of Appendix-IV. 11“Provided that all payments made by employer under sub-paragraph (3) of this paragraph and 12[under sub-paragraph (1) of paragraph 8 of the Coal Mines Pension Scheme, 1998 shall be remitted Form PS-5 annexed to the said Pension Scheme] by the employer, in triplicate, separately in respect of each colliery to the Commissioner or such other officer as may be authorised by the Commissioner, by registered post, or by a messenger on or before the last day of each month to which such payments relate togetherwith the appropriate cheques, drafts, receipted pay-in-slip, or cash receipt in token of employer having made such payment, as the case may be”. 1 33B. Rate of administrative charge – (1) The amount for defraying the cost of administration of the Fund payable under sub-paragraph (2) of paragraph 33A of this Scheme shall be calculated at the following rates:- Contribution Rate of administrative charge (i) Provident Fund contribution payable Five per centum of the total amount of for any period upto the 17th July 1955 member’s and employer’s contributions. (ii) Provident Fund contribution payable Three per centum of the total amount of for any period 2[between the 18th July member’s and employer’s contributions. 1955 and the 30th Sept. 1962 (iii) Provident Fund contribution payable Two and half per centum of the total for any period 3[between the 1st October amount of member’s and employer’s 1962 and 31st January 1963] contributions. 4[(iv) Provident Fund contribution 5[not Two and point four (2.4) per centum of including the voluntary contribution by the total amount of member’s and members in excess of their compulsory employer’s contributions] contribution prescribed in Table-V under sub-paragraph (1) of paragraph 27] payable for any period after the 31st January 1963 9[but before the 1st June 1973]. Three and point five (3.5) per centum of 9[(v) Provident Fund contribution not the total amount of member’s and including the voluntary contribution by employer’s compulsory contributions.] members in excess of their compulsory contribution prescribed in Table-V under sub-paragraph (1) of paragraph 27 payable for any period after the 1st June 1973, 10[but before the 31st March 1980]. Three (3) per centum of the total amount 10[(vi) Provident Fund contribution not of member’s and employer’s compulsory including the voluntary contributions by contributions]. members in excess of their compulsory contribution prescribed in Table-V under sub-paragraph (1) of paragraph 27 payable for any period after 31st March, 1981]. N.B.- For footnotes, see on the next page. 33 COAL MINES PROVIDENT FUND SCHEME (2) The rate mentioned in clause 10[(vi) of sub-paragraph (1) may, from time to time, be reviewed by the Central Government in consultation with the Board. 34. Stamps to be affixed by employer only and stamps which have previously been affixed or are cancelled or defaced not be affixed - No persons other than an employer shall affix to the card any stamp relating to this Scheme and no person shall affix to a card any stamp which has been cancelled or defaced or which has been previously affixed to a card to which stamps are required or authorised to be affixed for the purpose of this Scheme. 35. Cancellation of Stamps - Save as otherwise expressly provided in this Scheme, an employer shall immediately after affixing any contribution stamp to a card cancel the stamp by stamping with a metallic die with black indelible ink across the face of the stamp the date upon which it is affixed and the employer’s registered number. For J & K, see Paragraph 7 of Appendix – IV. 36. Writing on Contribution Cards and Stamps – (1) An employer may, if he thinks fit, inscribe upon the card of any member employed by him, but only in such manner as may easily be erased or removed, the number of that member upon the pay list or in the books of the employer. (2) Save as otherwise expressly provided in this Scheme or as specially authorised by the Central Government, no writing or other mark shall be made at any time upon the card or stamps until after the surrender of the card to the Commissioner. ______________________________________________________________________ 1 Inserted vide S.R.O. 858 dated 20.8.1955. 2 Substituted and inserted vide G.S.R. 1173 date 1.9.1962. 3 The words “after the 30t Sept. 1962” substituted vide G.S.R. 1428 dated 26.8.1963. 4 Clause (iv) inserted vide G.S.R. 147 dated 18.1.1963. 5 Added vide G.S.R. 1063 dated 6.6.1963. 6 The figure ‘(V)’ first substituted vide G.S.R. 1063 dated 6.6.1963 and again substituted vide Notification No. 1101312/73-PF I (i) dated 8.5.73. 9 Inserted vide Notification No. R-11013(2)/73-PF I(i) dated 8.5.73 10 Inserted vide G.S.R. 136 dated 7.2.1981. 11 Inserted vide G.S.R. 97 dated 13.2.88. 12 The words, figures, brackets and letters substituted vide G.S.R. 264(E) dated 25.05.1998. 34 COAL MINES PROVIDENT FUND SCHEME *(3) Subject to the provisions of this paragraph, no overwriting of erasure mark shall be allowed to be made in any entry in the contribution cards of a member relating to the basic wages + or the total of monthly basic wages, dearness allowance and cash equivalent of concessional rations at the rate of fifteen rupees per month #[or total emoluments as the case may be] of such member and the contributions paid in respect of him: Provided that where any alteration or amendment of such entry becomes necessary in the opinion of the Manager, accountant or the head clerk of a coal mine, such alteration or amendment shall be made in the contribution card by scoring through the incorrect entry and substituting therefor a correct entry, which will be duly initialed by the manager, accountant or the head clerk, as the case may be: Provided further that where any adjustment on account of any excess or short payment becomes necessary a plus or minus entry, as the case may be, shall be recorded in the appropriate column of Contribution Card. 37. Declarations by Employees and Preparation of Contribution Card- Every person who is required to be a member or an initial member of the Fund shall be asked forthwith by employer to furnish and shall on such demand furnish to him, for communication to the Commissioner, particulars concerning himself and his nominees in Form ‘A’ annexed hereto. The Particulars shall be entered in his own hand writing or if he is unable to write, shall be ascertained from him by the employer and entered in Form A. The employer shall obtain the signature and/or the thumb impression of the person and sign the certificate on the form at the place provided for the purpose and shall immediately thereafter prepare in respect of the person a Contribution Card**. **(a) in respect of a period of currency commencing before the 1st April 1953, but before the 1st July 1964 in Form E [ ]. 2(b) in respect of a period of currency commencing on or after the 1st April 1953, but before the 1st July 1964 in Form D (revised) or in Form E(revised) annexed hereto as the case may be. 3[Provided that in the case of a member permitted to make voluntary contribution under paragraph 27A, during any such currency period, the contribution card shall be opened in Form D(V) or E(V) annexed hereto as the case may be, with effect from the date of commencement of voluntary contribution]. ______________________________________________________________________ * Inserted vide S.R.O. 3306 dated 22.10.54 + Inserted vide S.R.O. 1472 dated 2.7.55 # Inserted vide notification No. PF 12(114)/56-1 dated 10.1.58. ** The words “in Form D or E as may be appropriate” substituted by S.R.O. 3306 dated 22.10.54 1 The words “and” omitted vide G.S.R. 1203 dated 20.8.1964. 2 Clause (b) of para 37 substituted and clause (c ) added vide G.S.R. 1203 dated 20.8.1964. 3 Proviso to clause (b) originally inserted vide G.S.R. 1063 dated 6.6.1963 and then substituted vide G.S.R. 1203 dated 20.8.64. 35 COAL MINES PROVIDENT FUND SCHEME 2 [(c ) in respect of any period of currency commencing on or after the 1st July 1964 6(but before the 1st April 1968) in Form T or in Form U annexed hereto as the case may be.] 7[(d) in respect of period of currency commencing on or after the 1st April 1968 in Form T (revised) or in Form U(revised) annexed hereto as the case may be.] [For Assam, see paragraph 9 of Appendix-I. For Talcher, see paragrap