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LIMESTONE AND DOLOMITE MINES LABOUR WELFARE FUND ACT

Ministry of Law and Justice

Act nº 62 of 1972


  • Act nº 62 of 1972

Preamble

THE LIMESTONE AND DOLOMITE MINES LABOUR WELFARE FUND ACT, 1972

[Act, No. 62 of 1972]

[2nd December, 1972]

PREAMBLE

An Act to provide for the levy and collection of a cess on limestone and dolomite for the financing of activities to promote the welfare of persons employed in the limestone and dolomite mines.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:--

Section 1. Short title, extent and commencement

(1) This Act may be called the Limestone and Dolomite Mines Labour Welfare Fund Act, 1972.

(2) It extends to the whole of India.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States.

1. 1-12-1973 has been so notified.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "agent" and "owner" have the meanings respectively assigned to them in clauses (c) and (1) of sub-section (1) of section 2 of the Mines Act, 1952;

(b) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) of section 2 of the Factories Act, 1948;

1[(bb) "Limestone" includes minerals like lime-shell, calcareous sand and sea sand essentially composed of lime shell, marl, kankar or lime kankar;]

(c) "manager" means the manager referred to in section 17 of the Mines Act, 1952;

(d) a person is said to be employed in a limestone or dolomite mine,--

(1) if he is employed within the premises or in the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in any one or more of the following, namely:--

(i) any limestone or dolomite mining operation;

(ii) the operation, servicing, maintenance or repair of any machinery or any part thereof used in or about such mine;

(iii) the loading, unloading or despatch of limestone or dolomite or any other material connected with the mining of limestone or dolomite;

(iv) any work in any office, canteen or creche situate within the precincts of such mine;

(v) any welfare, health, sanitary or conservancy services or any watch and ward duties at any place situate within such premises or vicinity, not being a place occupied by any residential building; or

(2) If, in any such area as may be notified by the Central Government in the Official Gazette in this behalf, he is employed by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in the loading, unloading or despatch of limestone or dolomite or any other material connected with the mining of limestone or dolomite;

(e) "prescribed" means prescribed by rules made under this Act.

1. Inserted by the Limestone and Dolomite Mines Labour Welfare Fund (Amdt.) Act 70 of 1972, section 2 (13-11-1982).


Section 3. Levy and collection of cess on limestone and dolomite

With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be levied and collected as a cess for the purposes of this Act on so much of limestone and dolomite produced in any mine--

(i) as is sold or otherwise disposed of to the occupier of any factory; or

(ii) as is used by the owner of such mine for any purpose in connection with the manufacture of cement,1[iron, steel, ferro-alloys, alloy steels, chemicals sugar, paper, fertilizers, refractories, iron ore, pelletisation or such other article or goods or class of articles or goods, as the Centred Government may, from time to time, specify by notification, in the Official Gazette,]

aduty of excise, at such rate not exceeding one rupee per metric tonne of limestone or dolomite, as the case may be, as the Central Government may, from time to time, fix by notification in the Official Gazette.

Explanation.-- Where the owner of any limestone or dolomite mine is also the occupier of any factory, then, for the purposes of clause (ii), all limestone, or dolomite, as the case may be, produced in the mine and not sold or otherwise disposed of to the occupier of any other factory shall be deemed, unless the contrary is proved, to have been used by such owner for any purpose in connection with the manufacture of2[any article or goods referred to in or specified under clause (ii).]

1. Substituted and deemed always to have been so substituted for the words 'iron or steel" by the Limestone and Dolomite Mines Labour Welfare Fund (Amdt.) Act, 1982 (70 of 1982), section 3(a).

2. Words "cement, iron or steel" substituted and deemed always to have been so substituted, by the Limestone and Dolomite Mines Labour Welfare Fund (Amdt.) Act, 1982 (70 of 1982), section 3(a), section 3(b).


Section 4. Payment of duty of excise

(1) Every duty of excise liviable under this Act on limestone or dolomite shall be payable,--

(a) to the occupier of the factory, by the person by whom such limestone or dolomite is sold or otherwise disposed of to such occupier;

(b) to the Central Government, by the owner of the limestone or dolomite mine where the limestone or dolomite is used by such owner for any purpose in connection with the manufacture of1[any article or goods referred to in or specified under clause (ii) of section 3], within such period as may be prescribed;

(2) All amounts referred to in clause (a) of sub-section (1) shall be collected by the occupier of the factory in such manner, and paid by him to the Central Government within such period, as may be prescribed.

1. Substituted and deemed always to have been so substituted by the Limestone and Dolomite Mines Labour Welfare Fund (Amdt.) Act, 1982 (70 of 1982), Section 4.


Section 5. Application of proceeds of duty of excise

(1) An amount equivalent to the proceeds of the duty of excise levied under this Act, reduced by the cost of collection as determined by the Central Govt. together with any income from investment of the said amount and any other moneys received by the Central Government for the purposes of this Act, shall, after due appropriation made by Parliament by law, be paid to the credit of a fund to be called the Limestone and Dolomite Labour Welfare Fund (hereinafter referred to as the Fund).

(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with measures which, in the opinion of that Government, are necessary or expedient to promote the welfare of persons employed in the limestone or dolomite mines; and in particular--

(a) to defray the cost of measures for the benefit of persons employed in the limestone or dolomite mines directed towards--

(i) the improvement of public health and sanitation, the prevention of disease and the provision and improvement of medical facilities;

(ii) the provision and improvement of water supplies and facilities for washing;

(iii) the provision and improvement of educational facilities; and

(iv) the improvement of standards of living including housing and nutrition, the amelioration of social conditions and the provision of recreational facilities;

1 [(v) the provisions of family welfare, including family planning education and services;]

(b) to grant loan or subsidy to a State Government, a local authority or the owner of a limestone or dolomite mine, in aid of any scheme approved by the Central Government for any purpose connected with the welfare of persons employed in limestone or dolomite mines;

(c) to pay annually grants-in-aid to such of the owners of limestone or dolomite mines who provide to the satisfaction of the Central Government welfare facilities of the prescribed standard for the benefit of person employed in their mines, so, however, that the amount payable as grants-in-aid to any such owner shall not exceed--

(i) the amount spent by him in the provision of welfare facilities as determined by the Central Government or any person specified by it in this behalf, or

(ii) such amount as may be prescribed, whichever is less :

Provided that no grant-in-aid shall be payable in respect of any welfare facilities provided by the owner of a limestone or dolomite mine where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;

(d) to meet the allowances, if any, of the members of the Advisory Committees and the Central Advisory Committee constituted under sections 6 and 7 respectively and the salaries and allowances, if any, of persons appointed under section 8;

(e) any other expenditure which the Central Government may direct to be defrayed from the Fund.

1. Inserted by Labour Fund Laws (Amendment) Act (15 of 1987), section 3 (22-5-87).


Section 6. Advisory Committees

(1) The Central Government may constitute as many Advisory Committees as it thinks fit, but not exceeding one for each of the principal limestone or dolomite producing States, to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.

(2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed :

Provided that each Advisory Committee shall include an equal number of members representing the Government, the owners of limestone and dolomite mines and the persons employed in the limestone and dolomite mines and that at least one member of each such Committee shall be a woman.

(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.

(4) The Central Government shall publish in the Official Gazette the names of all members of every Advisory Committee.

Section 7. Central Advisory Committee

(1) The Central Government may constitute a Central Advisory Committee to co-ordinate the work of the Advisory Committees constituted under section 6 and to advise the Central Government on any matter arising out of the administration of this Act.

(2) The Central Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed :

Provided that the Central Advisory Committee shall include an equal number of members representing the Government, the owners of limestone and dolomite mines and the persons employed in the limestone and dolomite mines.

(3) The Chairman of the Central Advisory Committee shall be appointed by the Central Government.

(4) The Central Government shall publish in the Official Gazette the names of all members of the Central Advisory Committee.

Section 7A. Power to co-opt, etc.

1[7A. Power to co-opt, etc

(1) An Advisory Committee or the Central Advisory Committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the Committee.

(2) A person co-opted under sub-section (1) to a Committee shall exercise and discharge all the powers and functions of a member thereof, but shall not be entitled to vote.]

1. Inserted by the Limestone and Dolomite Mines Labour Welfare Fund (Amendment) Act, 1982 (70 of 1982), 5.5(13-11-1982).


Section 8. Appointment of Inspectors, etc. and their powers

(1) The Central Government may appoint as many1[Welfare Commissioners, Welfare Administrators, Inspectors] and such other officers and staff as it thinks necessary for the purposes of this Act.

(2) Every person so appointed shall be deemed to be a pubic servant within the meaning of section 21 of the Indian Penal Code.

(3)2[Any Welfare Commissioner, Welfare Administrator or Inspector] may,--

(a) with such assistance, if any, as he may think fit, enter at any reasonable time any place which he considers it necessary to enter for carrying out the purposes of this Act.

(b) do within such place anything necessary for the proper discharge of his duties; and

(c) exercise such other powers as may be prescribed.

1. Substituted for the words "Inspectors, Welfare Administrators" by the Limestone and Dolomite Mines Labour Welfare Fund (Amendment) Act, 1982 (70 of 1982), section 6 (13-11-1982).

2. Substituted for the words "Any Inspector or Welfare Administrator", by the Limestone and Dolomite Mines Labour Welfare Fund (Amdt.) Act, 1982 (70 of 1982), section 6 (13-11-1982).


Section 9. Power of Central Government to exempt

Notwithstanding anything contained in this Act, if the Central Government is satisfied that there is in force in any State or part thereof a law making adequate provision for the financing of activities to promote the welfare of persons employed in the limestone or dolomite mines, it may, by notification in the Official Gazette, direct that all or any of the provisions of this Act shall not apply or shall apply to such State or part thereof subject to such exceptions and modifications as may be specified in the notification.

Section 10. Annual report of activities financed under the Act

The Central Government shall, as soon as may be, after the end of each financial year cause to be published in the Official Gazette a report giving an account of its activities financed under this Act during the previous financial year, together with a statement of accounts.

Section 11. Interest payable by occupiers of factories and owners of mines

If any occupier of a factory or any owner of a limestone or dolomite mine fails to pay any amount payable by him to the Central Government under section 4 within the period prescribed therefor under that section, such occupier or owner, as the case may be, shall be liable to pay simple interest at twelve per cent, per annum on the amount to be paid, from the date on which such payment is due till such amount is actually paid.

Section 12. Penalty for non-payment of duty of excise within the prescribed period

If any duty of excise payable by the occupier of the factory or the owner of the limestone or dolomite mine to the Central Government under section 4 is not paid to that Government within the period prescribed thereunder, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after such inquiry as it deems fit, impose on the occupier of the factory or, as the case may be, on the owner of the limestone or dolomite mine a penalty not exceeding the amount of duty of excise in arrears :

Provided that before imposing any such penalty such occupier or such owner, as the case may be, shall be given a reasonable opportunity of being heard and, if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section.

Section 13. Recovery of amounts due under the Act

Any amount due under this Act (including the interest or penalty, if any, payable under section 11 or section 12, as the case may be from any occupier of a factory or any owner of a limestone or dolomite mine may be recovered by the Central Government in the same manner as an arrear of land revenue.