PROVIDENT FUND SCHEME, 1948

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].

2 · 3 #*

2 · 3

3 · 4

5 · '[ResignationA trustee I(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 · S(Ceasation and restoration of Trusteeship) 9(A trustee shall cease to be such) trustee, t if he fails to attend three consecutive meetings of the Board t without obtaining leave of absence from the Chairman of the Board;

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 behalfhe was nominated €2(or that his continuance is otherwise undesirable).

10 · 11. € 2_

3 · 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]:

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:

13 · Disposal of Business (1) Every question which is to be considered by the Board shall be considered either at its meeting O, if the chairman so directs, by sending the necessary papers to all the trustees for their opinion;

14 · Meetings of Board of Trustees tt 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 tt to every trusteett present in India and to such notice shall be attached a list of business to be discussed at the meeting;

16 · Presiding at Meeting The Chairman of the Board, tt shall, preside at every meeting of the Board tt 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.

17 · 3[(1) No business shall be transacted at meeting of the Board, whether ordinary O 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:]

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

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 minute book to be kept as a permanent record:

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

21 · Fees and allowances (1) The traveling allowance of an official trustee shall be governed by the rules applicable to him for journey performed o official duty and shall be paid by the authority paying his salary:

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

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.

23 ·

25 · Class of Employees Required to Join the Fund S[In respect of any quarter prior to the Ist 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.

5 · 6 7

2 · 3

5 · 6

8 · 9

25B ·

15 · 6.71. Paragraph 2SD inserted vide G.S.R.687(E) dated 8.10.2002

27 · Rates of Contributions (1) Contributions shall be payable under this Scheme in respect of every member, whether an initial member o not, employed directly o indirectly in any coal mine to which this scheme applies in respect of each month O 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:

2 · 3 S #

51 · #*

2 · If any dispute arises as t 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.

2 · 3 4 5 $

2 · 3

5 · 6

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 member employed by or through him, shall recover therefrom, the member s contribution for the period to which the wages relate.

30 · Duties of Contractors- (1) Any sum recovered Or due to be recovered by 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 · 1

31 · Payment of contribution in respect of Initial members- 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 I0h Januaryl948 to 13th Septemberl948 the employer shall be required to pay for the credit as member $ 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'$ contribution and also an administrative charge equal to 5 per cent of the total amount of the employer'$ and member' s contributions.

31B · Transfer of accumulations from Provident Funds of establishments other than coal mines:

31C · Transfer of Accumulations from the Fund to Other Provident Funds:

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:

33 · Mode of Payment of Contribution in respect of any period of currency commencing prior to the ]st 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.

33A · Mode of Payment of contribution for any period of currency commencing on or after the Ist April 1953 Payment in cash (1) Every contribution payable under this Scheme during a period of currency commencing at any time 0n 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 · 3 4 5

133B · 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 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.

2 · The rate mentioned in clause I[(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 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 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

36 · Writing o Contribution Cards and Stamps (1) An employer may, if he thinks fit, inscribe upon the card of any member employed by him, but oly 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 · 3

5 · 6

10 · 11 12

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 ifhe 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 0 the form at the place provided for the purpose and shall immediately thereafter prepare in respect of the person a Contribution Card**_

2 · 3

38 · Submission of return of qualified employees 1(1) Every employer shall send by registered post or through messenger to Commissioner return in (triplicate)-

9 · 10 11 12

39 · Allotment of Account Number- On receipt of the return required under paragraph 38 the Commissioner shall promptly allot an Account Number to each person who has qualified to become a member and shall communicate the Account Number to the employer? [ J=

244 · the Commissioner- (1) where an employee leaves service in a coal mine @[at any time during ay period of currency commencing before the 1st April 1956] without any notice to employer; the

52 · 2

10 · ~(2A) From quarter ending June, 1988 onwards, a return 0f the members ceasing to be employed and persons going to retire in the next 6 months shall be sent to respective Regional Commissioner in Form HH' instead of Form W

45 · Declaration Form Procedure to be followed by the Employer When person presents himself for work at coal mine, the employer shall ask him to state whether or not he is a member of the Fund and if he is, ask for his Account number and the name and the particulars of last employer and get his Cards from the Commissioner or from the last employer: When the new employer receives the Contribution Cards, Emergency Cards, if any 2[ ] in respect of the members of the Fund who have joined him, from the last employer or the Commissioner; he shall sign and return one copy of the statement in Form J or K annexed hereto in token of receipt to the last employer or the Commissioner, as the case may be.

2 · of 3

2 · 3

9 · 8 5

46 · Supply of Cards and Forms to Employers- The Commissioner shall supply to employers free of charge on demand Declaration Forms; + Contribution Cards, Emergency Cards and other forms referred to in this Scheme:

48 · Inspection ![of Cards and Pass Books] by Members Any member who makes a request in this behalf to the employer shall be permitted I[to inspect his card and pass book] within period of 72 hours of making such request provided that no member may make such a request more than once in any calendar month:

50 · Procedure for the Purchase of Contribution Stamps by Employers Rate of Administrative Charge The contribution stamps to be affixed to the contribution Cards of the members under this Scheme shall be obtained by the employer from one of the Govt. treasuries [and post offices?] specified in Schedule A on indent in Form 'N annexed hereto and the nominal value of the stamps indented for, togetherwith an administrative charge of 5 per cent of the nominal value of the stamps shall be

2 · 3

51 · Stamps Suspense Account and Administration Account (1) Out of the total amount realised under paragraph 50 an amount equal to the nominal value of the stamps sold shall be credited to an account to be named as the ~Stamps Suspense Account and the amount realised as the administrative charge shall be credited to an account to be called Administration Account

52 · Provident Fund Account _ (1) When the Contribution Cards of members [*for any period of currency commencing before the Ist April 1953] are received after the expiration of their period of currency from the employers, the aggregate amount for which stamps have been affixed on the Contribution Cards shall be credited to an account to be called the Provident Fund Account > by contra debit to the "Stamps Suspense Account"

54 · Investment of Monies belonging to Coal Mines Provident Fund _ (1) All monies belonging to the Coal Mines Provident Fund shall be either deposited in the Imperial Bank of India or in such other scheduled banks as may be approved by the Central Government from time to time, Or invested in securities mentioned Or referred to in clauses (a) to (d) of section 20 of the Indian Trusts Act; 1882 (I[ of 1882) subject to the condition that the securities in which investments are made are payable both in respect of capital and of interest in Dominion of India.

56 · Expenses of Administration (1) Subject to the provisions of the Act and of the Scheme all expenses of administration of the Coal Mines Provident Fund, including the fees and allowances of the trusteestand salaries, leave and joining time allowances, traveling and compensatory allowances, gratuities and compassionate allowances pensions, contribution to Provident Fund or other benefit, Funds for the officers and servants of the Fund, the cost of audit of the accounts, legal expenses and the cost of all stationery and forms required for the purpose of '2[giving effect to this scheme and any amount over and above the grant made by the Central Government under section 3F of the Act; which is found inadequate to meet the expenditure for the administration of the Coal Mines Pension Scheme, 1998,] shall be met from the Administration Account

57 · Budget _ (1) The [Commissioner shall place before the Board at a meeting to be held in January each year a budget showing separately the probable receipts from the sale of stamps and the levy of the administrative charge and the expenditure which [he proposes to incur during the financial year commencing on the first of April next The budget as approved by the Board shall be submitted for sanction to the Central Government before the 1Sth of February each year.

58 · Form of Accounts The Board shall maintain the accounts of the Fund including the *Administration Account" in such form and manner as may be specified by it with the previous approval of the Central Government

59 · Audit (1) The accounts of the Fund including the Administration Account' shall be audited in such manner as the Central Government may direct: (2_ The cost of the audit as determined by the Central Government shall be paid out of the Administration Account"'.

60 · Member s Accounts (1) An account shall be opened in the name of each member in which shall be credited

61 · Interest _ ( 1) The Commissioner shall credit to the account of each member interest at such rate as may be determined by the Central Government in consultation with the Board in respect of the periods of currency of the cards expiring in each financial year.

62 · Nomination (1) Each member; or if he is minor his guardian shall make in his declaration in Form A' 4(to be submitted in duplicate) a nomination conferring the right to receive the amount that may stand to his credit in the Fund in the event of his death before the amount standing to his credit has become payable, O where the amount has become payable, before payment has been made:

3 · 5

63 · Circumstances in which accumulations in the Fund are payable to member

4 · 2

3 · [(c) On being transferred to a cadre in a coal mine to which this Scheme does not apply:]

2 · 3

8 · 9

2 · 3

64 · Accumulations of a Deceased Member - to whom payable On the death of a member before the amount standing to his credit has become payable, or where the amount has become payable, before payment has been made

2 · 3

11 · )

2 · 3

3 · paragraph:

66 · Payment of Provident Fund (1) When the amount standing to the credit of member; or the balance thereof after any deduction under paragraph 63 or 65 becomes payable, it shall be the duty of the Commissioner to make prompt payment as provided in this Scheme 2[

69 · Issue of Duplicate *Copies of Members' Accounts, Annual Report; etc - (1)The Commissioner shall furnish ** [a copy of duplicate pass book or copy of annual report] of the Fund to any member on written application on payment of such fees and subject to such conditions as may be specified by Board in this behalf:

369B · Transfer of records in case of change of ownership or closure of a coal mine

70 ·

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11 ·

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1 · Name (in block Capitals)

2 · Sex .

3 · Religion.

4 · Father' s Name.

5 · Husband $ name (for married women only)=

6 · Date of birth.

7 · . Permanent Address .

8 · Name of Provident Fund of which he is already a member.

10 ·

11 ·

12 ·

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14 ·

15 · .

2 · Stamps must Week Week Week Week Week Week Week Week Week not be bought Week Week 9 8 10 11 12 13 14 42 43 44 except at a 45 46 8 Govt trersury 1 Week Week Week Week Week Week Week Week Week Week Week Week 15 16 17 18 19 20 8 47 48 49 50 51 52 2 NOTICE TO EMPLOYER SUMMARY OF STAMPS AFFIXED Each stamp should be firmly Num- Denomination Nominal value Signature of Week Week affixed and the date of affixing Week ber of stamps of Stamps employer $ 21 22 and employer'$ registered No_ 23 affixed affixed clerk at once stamped with metallic Rs_ As_ Rs_ As_ die across the face of stamps. Checked and found correct

5 · Date of birth.

7 · .

10 ·

11 ·

13 ·

14 ·

15 ·

2 · 3 2 3 2 20 € 21 E 20 8 8 8 7 8 } 1 8 J 7 8 | J 0 | i J 8 3 8 0 3 8 i 8 8 8 Rs. As. Rs. As_ Rs. As_ Rs. As. Rs. As. Rs. As_ Rs. As. 1 14th 27th

11 · th

11 · th

5 · Date of birth

7 · .

10 ·

11 ·

12 ·

13 ·

14 ·

15 ·

4 · Sex.

7 · .

10 ·

11 ·

12 ·

13 · .

14 ·

15 · .

7 · .

10 ·

11 ·

12 ·

13 ·

14 ·

15 · .

16 ·

17 ·

18 ·

9 · 0] 4 ] I 8 8 9

1 · Rs. Pa Rs. P.

1 · Govt. of India Securities 2. Indian Provincial Govt. Securities 3 . Indian Municipal, Port & Improvement Trust Securities including Debentures 4. Debentures of Indian Railways 5. Guaranteed and Preference Shares of Indian Railways 6. Annuities of Indian Railways 7 . Ordinary Shares of Railways in India 8. Other Debentures of Concerns in India 9. Other Guaranteed and Preference Shares of Concerns in India 10. Other Ordinary Shares of Concerns in India 11. Cash on Deposit in Banks 12. Cash in hand and on Current Account in Banks 13 . Other Assets (to be specified)

1 · _ Total wages earned by members of C.MPF. 2. Provident Fund Contribution (Employer's & Employee' s shares) 3. Add on account of undercharge (both shares for the month of Rs_

5 · . Net Total (2+3+4 6. Administrative Charges** Total in figures_ 5+6, 8_ Total in words 5+6) Rupees. 9_ *(i) Deposited under Treasury challan No_ dated. in Treasury (original challan attached) (ii) Deposited in the Imperial Bank of India, Dhanbad, on for credit to the Coal Mines Provident Fund Account No. 1 (Receipted "pay in slip' attached) (iii) Remitted vide crossed Account payee chequelcrossed Account payee draft No. dated. on the Imperial Bank of India, Dhanbad; in favour of Coal Mines Provident Fund Account No.I (cheque o draft attached) Dated . 19 Manager/ Agent Colliery Delete portions not applicable CMPF Regd No. Zone_

1 · _ 2_

19 ·

19 ·

1 · Form `Q inserted vide S.RO. 3306 dated 22nd Oct , 1954. 2. Added vide G.S.R 1063 dt. 6.6.1963.

1 · . New form S' added vide S.O. 2620 dated 28 Nov. 61.

2 · |3 | 4 |5 | 6 | 7 | 8 9

11 · | 12

19 · to June 19. to July 19. to August 19. to September 19. to October 19. to November 19. to December

19 · August 19. to January 19 January 19. to June 19. 19 ... September 19. to February 19 February 19. to July 19 . 19. October 19 . to March 19. March 19. to August 19 . 19. November 19 . to April 19. April 19. to September 19. 19 ...December 19 . to May 19. May 19 . to October 19 . 19. June 19. to November 19. 19. July 19. to December 19 INSTRUCTION In the case of employees other than monthly paid employees, attendance put in during the wage-periods ending in a calendar month shall be deemed to be the attendance for that month: Delete portion not applicable: To be filled up when the worker qualifies for membership of the Fund or leaves service. as the case may be. The register would be closed when the employee qualifies for membership of the Funds O Leaves service and no entry should be made thereafter. FORMS omitted for J&K. see paragraph II of appendix IV

1 · Form T' Inserted vide G.SR 1203 dated 20.8.64.

1 · 1 0] 1 ]

1 · 2. 3 4. 5. 6. 7 . 8. 9. 10 11. 12. 13 Total

14 · 15 . 16. 17. 18. 19. 20. 21. 22. 23 . 24. 25 . 26 Total

27 · 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Total

40 · . 41. 42. 43 . 44. 45 . 46. 47 . 48. 49. 50. 51. 52. Total

5 · .

10 · .

11 ·

12 ·

9 · 5 2 ] 3 Member' s Employer' s Member' s Employer' s 2 J1 82 1 share share share share 0 .9 { 7 11 5nl Rs. Rs. Rs. Rs. 2 3 4 5 6 8

2 · In columns 5,6,7 & 8 sub-heading `Rs' added vide GSR No. 1312 dt 8.12.84.

2 · per cent Amount of of salary one ** increment granted from ]st July,1995

1 · 2. 3_ 4. 5 . 6. 7. 8. 9. 10. 11. 12. 13. TOTAL

14 · 15 . 16. 17. 18. 19. 20. 21. 22. 23 . 24. 25 . 26. TOTAL

27 · 28. 29 . 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. TOTAL

4u · QUARTER

40 · . 41. 42. 43 . 44. 45 . 46. 47 . 48. 49. 50. 51. 52. TOTAL

1 · 2. 3 4. 5. 6. 7. 8_ 9_ 10 . 11. 12. Total

1 · { 1 1 2