Sunday, December 29, 2013

THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996

BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-
An Act further to amend the Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Coal Mines Provident Fund and Miscellaneous Provisions (Amendment)
Act, 1996,
(2) It shall come INTO force on such date as the Central
Government may, by notification in the Official Gazette, appoint,
2.Amendment of long title of Act 46 of 1948.2. Amendment of long title of Act 46 of 1948. In the long title to the Coal Mines Provident Fund and Miscellaneous Provisions Act,
1948 (hereinafter referred to as the principal Act), for the words
“Family Pension Scheme”, the words “Pension Scheme” shall be substituted.
2.3.Amendment of section 2.3. Amendment of section 2. In section.2 of the principal Act,-
(a) clause (ee) shall be omitted;
(b) after clause (g), the following Rowing clauses shall be inserted, namely:-
(h) “Pension Fund” means the Pension Fund established under sub-section (2) of section 3E;
(i) “Pension Scheme” means the Coal Mines Pension
Scheme framed under sub-section (1) of section 3E;
(j) “superannuation”, in relation to an employee who is a member of the Pension Scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment..
4.Substitution of references to certain expressions by certain other expressions.
4. Substitution of references to certain expressions by certain other expressions. In the principal Act, for the expressions”Family
Pension”, “Family Pension Fund”, “Family Pension Scheme” and “Coal
Mines Family Pension Scheme”, wherever they occur, the expressions
“Pension”, “Pension Fund”, “Pension. Scheme” and “Coal Mines Pension
Scheme” shall respectively be substituted.
5.Substitution of new section for section 3E.
5. Substitution of new section for section 3E. For section 3E of the principal Act, the following section shall be substituted, namely:-
3E.
Coal Mines Pension Scheme.
“3E. Coal Mines Pension Scheme. (1) The Central
Government may, by notification-in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for-
(a) superannuation pension, retiring pension, or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and
(b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.
(2) Notwithstanding anything contained in section
3,there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund INTO which there shall be paid, FROM time to time, in respect of every employee who is a member of the Pension Scheme,-
(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of section 10D as the employers contribution as well as the employees contribution, as may be specified in the
Pension Scheme;
(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;
(c) the net assets of the Family Pension Fund as existed immediately before the establishment of the
Pension Fund; and
(d) any other contribution which may be made to the Pension Fund with the previous approval of the
Central Government.
(3) On the establishment of the Pension Fund, the Family Pension
Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension”Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits. riot less than the benefits, they were entitled to under the ceased scheme, FROM the Pension Fund.
(4) The Pension Fund shall vest in and be administered by the
Board in such manner as may be specified in the Pension Scheme.
(5) A scheme trained under the provisions of sub-section (1) may provide for all or any of the matters specified in the Second
Schedule.”.
3.6.Substitute— new section 4.6. Substitute— new section– section 4– For section 4 of the principal Act, the following section shall be substituted, namely:-
4.Fund to — recognise under Act of 1961.”4. Fund to — recognise under act of 1961. For the purposes of the Income-tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth
Schedule to that Act.”.
7.Amendment section 10.7. Amendment section 10. In section 10 of the principal Act, in sub-section (2B),-
(a) for the words and figures “the Code of Criminal
Procedure, 1898″, (5 of 1898) the words and figures “the Code of Criminal Procedure, 1973″ (2 of 1974) shall be substituted;
(b) for the word and figures “section 98″, the word and figures “section 94″ shall be substituted.
8.Amendment of section.
8. Amendment of section. In section 11 of the principal Act, for the words and figures “section 230 of the Indian Companies Act, 1913″,
(7 of 1913) the words and figures “section 530 of the Companies Act,
1956″ (1 of 1956) shall be substituted.
9.Substitution of new Schedule the Second Schedule.
9. Substitution of new schedule the Second Schedule. For the
Second Schedule to the principal Act, the following Schedule shall be substituted, namely:-
SCHE
[See section 3E(5)]
“THE SECOND SCHEDULE
[See section 3E(5)]
MATTERS TO BE PROVIDED FOR IN THE COAL MINES PENSION SCHEME
1. The employees or class of employees to whom the Coal Mines
Pension Scheme shall apply and the time within which option to join that Scheme shall be exercised by those employees to whom the said
Scheme does riot apply.
2. The time within which the, employees who are not members of the Family Pension Scheme under section 3E as it stood before the commencement of the Coal Mines Provident Funds and Miscellaneous
Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme.
3. The portion of employers contribution and employees
contribution to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.
4. The Central Governments contribution and other contributions to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.
5. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted die benefits of their past service under section 3E as it stood before the commencement of the amending Act.
6. The regulation of the period of service for which Do contribution is received.
7. The manner in which employees interest will be protected against default in payment of contribution by the employer.
8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the
Central Government.
9. The form in which an employee shall furnish particulars about himself and the members of his family whenever- required.
10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme.
11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such payment.
4.12. The mode of disbursement of pension and arrangements to be entered INTO with such disbursing agencies as may be specified for the purpose.
13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by,the Central
Government to the Board.
14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee.
15. Any other matter which is to be provided for in the Pension
Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.”.
10.Repeal and saving.
10. Repeal and saving. (1) The Coal Mines Provident Fund and
Miscellaneous Provisions (Amendment) Third Ordinance, 1996 (Ord. 22 of
1996) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
K. L. MOHANPURIA,
Secy. to the Govt. of India.****************************************************************
THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1996.ACT NO. 24 OF 1996.[16th August, 1996.]
BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-
An Act further to amend the Industrial Disputes Act, 1947.
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Industrial Disputes (Amendment) Act, 1996.(2) It shall be deemed to have come INTO force on the 11th day of October, 1995.2.Amendment of Act 14 of 1947.2. Amendment of Act 14 of 1947. In section 2 of the Industrial
Disputes Act,1947 (hereinafter referred to as the principal Act), in clause (a), in sub-clause (i),-
(i) for the words and figures “the Industrial Finance
Corporation of India established under section 3 of the
Industrial Finance Corporation Act, 1948″, (15 of 1948.) the words and figures “the Industrial Finance Corporation of
India Limited formed and registered under the Companies Act,
1956″ (1 of 1956.)shall be Substituted;
2.(ii) the words and figures or the “Indian Airlines”
and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953(27 of 1953.) shall be omitted;
(iii) for the words and figures “the Oil and Natural
Gas Commission established under section 3 of the Oil and
Natural Gas Commission Act, 1959″, (43 of 1959.) the words and figures “the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956″ (1 of 1956.) shall be substituted;
(iv) for the words and figures “the International
Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971.)
“, the words and figures “the Airports Authority of India constituted under section 3 of the Airports Authority of
India Act, 1994″ (55 of 1994.) shall be substituted;
(v) for the words “a banking or an insurance company”, the words “an air transport service, or a banking or an insurance company” shall be substituted.
3.Repeal and saving.
3. Repeal and saving. (1) The Industrial Disputes (Amendment)
Third Ordinance, 1996 (Ord. 23 of 1996.) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
CHAPTER I
GENERAL PROVISIONS
BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-
An Act further to amend the Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Coal Mines Provident Fund and Miscellaneous Provisions (Amendment)
Act, 1996,
(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint,
2.Amendment of long title of Act 46 of 1948.2. Amendment of long title of Act 46 of 1948. In the long title to the Coal Mines Provident Fund and Miscellaneous Provisions Act,
1948 (hereinafter referred to as the principal Act), for the words
“Family Pension Scheme”, the words “Pension Scheme” shall be substituted.
2.3.Amendment of section 2.3. Amendment of section 2. In section.2 of the principal Act,-
(a) clause (ee) shall be omitted;
(b) after clause (g), the following Rowing clauses shall be inserted, namely:-
(h) “Pension Fund” means the Pension Fund established under sub-section (2) of section 3E;
(i) “Pension Scheme” means the Coal Mines Pension
Scheme framed under sub-section (1) of section 3E;
(j) “superannuation”, in relation to an employee who is a member of the Pension Scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment..
4.Substitution of references to certain expressions by certain other expressions.
4. Substitution of references to certain expressions by certain other expressions. In the principal Act, for the expressions”Family
Pension”, “Family Pension Fund”, “Family Pension Scheme” and “Coal
Mines Family Pension Scheme”, wherever they occur, the expressions
“Pension”, “Pension Fund”, “Pension. Scheme” and “Coal Mines Pension
Scheme” shall respectively be substituted.
5.Substitution of new section for section 3E.
5. Substitution of new section for section 3E. For section 3E of the principal Act, the following section shall be substituted, namely:-
3E.
Coal Mines Pension Scheme.
“3E. Coal Mines Pension Scheme. (1) The Central
Government may, by notification-in the Official Gazette, frame a scheme to be called the Coal Mines Pension Scheme for the purpose of providing for-
(a) superannuation pension, retiring pension, or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this Act applies; and
(b) widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees.
(2) Notwithstanding anything contained in section
3,there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,-
(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of section 10D as the employers contribution as well as the employees contribution, as may be specified in the
Pension Scheme;
(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;
(c) the net assets of the Family Pension Fund as existed immediately before the establishment of the
Pension Fund; and
(d) any other contribution which may be made to the Pension Fund with the previous approval of the
Central Government.
(3) On the establishment of the Pension Fund, the Family Pension
Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension”Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits. riot less than the benefits, they were entitled to under the ceased scheme, from the Pension Fund.
(4) The Pension Fund shall vest in and be administered by the
Board in such manner as may be specified in the Pension Scheme.
(5) A scheme trained under the provisions of sub-section (1) may provide for all or any of the matters specified in the Second
Schedule.”.
3.6.Substitute— new section 4.6. Substitute— new section– section 4– For section 4 of the principal Act, the following section shall be substituted, namely:-
4.Fund to — recognise under Act of 1961.”4. Fund to — recognise under act of 1961. For the purposes of the Income-tax Act, 1961, the Fund shall be deemed to be a recognised Provident Fund within the meaning of Part A of the Fourth
Schedule to that Act.”.
7.Amendment section 10.7. Amendment section 10. In section 10 of the principal Act, in sub-section (2B),-
(a) for the words and figures “the Code of Criminal
Procedure, 1898″, (5 of 1898) the words and figures “the Code of Criminal Procedure, 1973″ (2 of 1974) shall be substituted;
(b) for the word and figures “section 98″, the word and figures “section 94″ shall be substituted.
8.Amendment of section.
8. Amendment of section. In section 11 of the principal Act, for the words and figures “section 230 of the Indian Companies Act, 1913″,
(7 of 1913) the words and figures “section 530 of the Companies Act,
1956″ (1 of 1956) shall be substituted.
9.Substitution of new Schedule the Second Schedule.
9. Substitution of new schedule the Second Schedule. For the
Second Schedule to the principal Act, the following Schedule shall be substituted, namely:-
SCHE
[See section 3E(5)]
“THE SECOND SCHEDULE
[See section 3E(5)]
MATTERS TO BE PROVIDED FOR IN THE COAL MINES PENSION SCHEME
1. The employees or class of employees to whom the Coal Mines
Pension Scheme shall apply and the time within which option to join that Scheme shall be exercised by those employees to whom the said
Scheme does riot apply.
2. The time within which the, employees who are not members of the Family Pension Scheme under section 3E as it stood before the commencement of the Coal Mines Provident Funds and Miscellaneous
Provisions (Amendment) Act, 1996 (hereinafter, in this Schedule, referred to as the amending Act) shall opt for the Pension Scheme.
3. The portion of employers contribution and employees
contribution to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.
4. The Central Governments contribution and other contributions to the Fund which shall be credited to the Pension Fund and the manner in which it is credited.
5. The minimum qualifying service for being eligible for pension and the manner in which the employees may be granted die benefits of their past service under section 3E as it stood before the commencement of the amending Act.
6. The regulation of the period of service for which Do contribution is received.
7. The manner in which employees interest will be protected against default in payment of contribution by the employer.
8. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the
Central Government.
9. The form in which an employee shall furnish particulars about himself and the members of his family whenever- required.
10. The forms, registers and records to be maintained in respect of employees required for the administration of the Pension Scheme.
11. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees, the amount of life assurance payable under the Pension Scheme and the manner of such payment.
4.12. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose.
13. The manner in which the expenses incurred in connection with the administration of the Pension Scheme may be paid by,the Central
Government to the Board.
14. Nomination of persons for receiving pension and assurance amounts in the case of death of an employee.
15. Any other matter which is to be provided for in the Pension
Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme.”.
10.Repeal and saving.
10. Repeal and saving. (1) The Coal Mines Provident Fund and
Miscellaneous Provisions (Amendment) Third Ordinance, 1996 (Ord. 22 of
1996) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
K. L. MOHANPURIA,
Secy. to the Govt. of India.****************************************************************
THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1996.ACT NO. 24 OF 1996.[16th August, 1996.]
BE it enacted by Parliament in the Forty-seventh Year of the
Republic of India as follows:-
An Act further to amend the Industrial Disputes Act, 1947.
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Industrial Disputes (Amendment) Act, 1996.(2) It shall be deemed to have come into force on the 11th day of October, 1995.2.Amendment of Act 14 of 1947.2. Amendment of Act 14 of 1947. In section 2 of the Industrial
Disputes Act,1947 (hereinafter referred to as the principal Act), in clause (a), in sub-clause (i),-
(i) for the words and figures “the Industrial Finance
Corporation of India established under section 3 of the
Industrial Finance Corporation Act, 1948″, (15 of 1948.) the words and figures “the Industrial Finance Corporation of
India Limited formed and registered under the Companies Act,
1956″ (1 of 1956.)shall be Substituted;
2.(ii) the words and figures or the “Indian Airlines”
and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953(27 of 1953.) shall be omitted;
(iii) for the words and figures “the Oil and Natural
Gas Commission established under section 3 of the Oil and
Natural Gas Commission Act, 1959″, (43 of 1959.) the words and figures “the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956″ (1 of 1956.) shall be substituted;
(iv) for the words and figures “the International
Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 (43 of 1971.)
“, the words and figures “the Airports Authority of India constituted under section 3 of the Airports Authority of
India Act, 1994″ (55 of 1994.) shall be substituted;
(v) for the words “a banking or an insurance company”, the words “an air transport service, or a banking or an insurance company” shall be substituted.
3.Repeal and saving.
3. Repeal and saving. (1) The Industrial Disputes (Amendment)
Third Ordinance, 1996 (Ord. 23 of 1996.) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
K. L. MOHANPURIA,
Secy. to the Govt. of India.
CHAPTER I
General provisions
2.Definitions.
2. Definitions. (1) In this Part, unless the context otherwise requires,-
(a) “arbitration means any arbitration whether or not administered by permanent arbitral institution;
(b) “arbitration agreement” means an agreement referred to in section 7;
(c) “arbitral award” includes an interim award;
3.(d) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;
(e) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not-include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes;
(f) “international commercial arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in for in
India and where at least one of the parties is-
(i) an individual who is a national of, or habitually resident in, any country other than India; or
(ii) a body corporate which is incorporated in any country other than India; or
(iii) a company or ail association or a body of individuals whose central management and control is exercised in any country other than
India; or
(iv) the Government of a foreign country;
(g) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting;
(h) “party” means a party to an arbitration agreement.
2.Scope.
(2) Scope. This Pail shall apply where the place of arbitration is in India.
(3) This Part shall not affect any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration.
(4) This Part except sub-section (1) of section 40, sections 41.and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as the provisions of this
Part, are inconsistent with that other enactment or with any rules made thereunder.
(5) Subject to the provisions of sub-section (4), and save in so, far as is otherwise provided by any law for the time being in force or in any agreement in force between India and any other country or countries. this Part shall apply to all arbitrations and to all proceedings relating thereto.
6.Construction of references.
(6) Construction of references. Where this Part, except section
28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to determine that issue.
(7) An arbitral award made under this, Part shall be considered as a domestic award.
(8) Where this Part-
(a) refers to the fact that the parties have agreed or that they may agree, or
(b) in any other way refers to an agreement of the patties,
4.that agreement shall include any arbitration rules referred to in that agreement.
(9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counterclaim, and where it refers to a defence, it shall also apply to a defence to that counterclaim.
3.Receipt of written communications.
3. Receipt of written communications. (1) Unless otherwise agreed by the parties,-
(a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and
(b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressees last known place of business, habitual residence or mail* address by registered letter or by any other means which provides a record of the attempt to deliver it.
(2) The communication is deemed to have been received on the day it is so delivered.
(3) This section does not apply to written communications in respect of proceedings of any judicial authority.
4.Waiver of right to object.
4. Waiver of right to object. A party who knows that-
(a) any provision of this Part from which the parties may derogate. or
(b) any requirement under the arbitration agreement.
has not been-complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is provided for slating that objection, within that period of time, shall be deemed to have waived his right to so object.
5.Extent of judicial intervention.
5. Extent of judicial intervention. Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part.
6.Administrative assistance.
6. Administrative assistance. In order to facilitate the conduct of die arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

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