Act 012 of 1952 : Coal Mines (Conservation and Safety) Act, 1952

Section 1. Short title and extent

1. Short title and extent.-(1) This Act may be called the Coal Mines (Conservation ¹ [, Safety and Development]) Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 1 read as:

____________________________________________________________

1. Short title and extent.-(1) This Act may be called the Coal Mines (Conservation and Safety) Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

Section 2. Declaration as to expediency of control by Central Government

2. Declaration as to expediency of control by Central Government.-It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation ¹ [and development] of coal mines to the extent hereinafter provided.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 2 read as:

____________________________________________________________

2. Declaration as to expediency of control by Central Government.-It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the regulation of coal mines to the extent hereinafter provided.

Section 3. Definitions

3. Definitions.-In this Act, unless the context otherwise requires,-

(a) "Board" means the Coal Board established under Section 4;

(b) "blending" means the process of intimately mixing different varieties of coal so as to provide a mixture which on carbonisation results in coke, which, in the opinion of the Board, is suitable for being used in metallurgical industries, particularly in iron and steel industries;

(c) "coal" includes coke in all its forms;

(d) "coking coal" means such type of coal from which on carbonisation coke suitable, in the opinion of the Board, for being used in metallurgical industries, particularly in iron and steel industries, can be prepared;

(e) "Chief Inspector" and "Inspector" mean the persons respectively appointed as the Chief Inspector of Mines and Inspector of Mines under sub-section (1) of Section 4 of the Indian Mines Act, 1923 (4 of 1923)¹ and the provisions of that Act shall apply to the Chief Inspector and to all Inspectors while exercising their powers under this Act or the rules made thereunder;

²[(f) "Development Fund" means the Coal Development Fund constituted under Section 12;]

(g) "India" means the territory of India excluding the State of Jammu and Kashmir;

(h) "prescribed" means prescribed by rules made under this Act;

³[(hh) "railway" shall have the meaning assigned to it in the Indian Railways Act, 1890 (9 of 1890);

⁴[(hha) "Safety Fund" means the Coal Mines Safety and Conservation Fund constituted under Section 12;]

(hhh) "safety in coal mines" includes the safety of any railway situated on the surface above a coal mine;]

(i) "soft coke" means all coke which is unsuitable for being used in metallurgical industries, and "hard coke" means all coke which is not soft coke;

(j) "stowing" means the operation of filling with sand or any other material or with both spaces left underground in a coal mine by the extraction of coal;

(k) "washing" means such a process or a combination of processes as may be approved in this behalf by the Board by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom;

(l) "agent", "mine" and "owner" have the meanings respectively assigned to them in Section 3 of the Indian Mines Act, 1923 (4 of 1923)⁵.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 3 read as:

____________________________________________________________

3. Definitions.-In this Act, unless the context otherwise requires,-

(a) "Board" means the Coal Board established under Section 4;

(b) "blending" means the process of intimately mixing different varieties of coal so as to provide a mixture which on carbonisation results in coke, which, in the opinion of the Board, is suitable for being used in metallurgical industries, particularly in iron and steel industries;

(c) "coal" includes coke in all its forms;

(d) "coking coal" means such type of coal from which on carbonisation coke suitable, in the opinion of the Board, for being used in metallurgical industries, particularly in iron and steel industries, can be prepared;

(e) "Chief Inspector" and "Inspector" mean the persons respectively appointed as the Chief Inspector of Mines and Inspector of Mines under sub-section (1) of Section 4 of the Indian Mines Act, 1923 (4 of 1923)⁶ and the provisions of that Act shall apply to the Chief Inspector and to all Inspectors while exercising their powers under this Act or the rules made thereunder;

(f) "Fund" means the Coal Mines Safety and Conservation Fund constituted under Section 12;

(g) "India" means the territory of India excluding the State of Jammu and Kashmir;

(h) "prescribed" means prescribed by rules made under this Act;

⁷[(hh) "railway" shall have the meaning assigned to it in the Indian Railways Act, 1890 (9 of 1890);

(hhh) "safety in coal mines" includes the safety of any railway situated on the surface above a coal mine;]

(i) "soft coke" means all coke which is unsuitable for being used in metallurgical industries, and "hard coke" means all coke which is not soft coke;

(j) "stowing" means the operation of filling with sand or any other material or with both spaces left underground in a coal mine by the extraction of coal;

(k) "washing" means such a process or a combination of processes as may be approved in this behalf by the Board by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom;

(l) "agent", "mine" and "owner" have the meanings respectively assigned to them in Section 3 of the Indian Mines Act, 1923 (4 of 1923)⁸.

____________________________________________________________

Prior to amendment by Act 24 of 1961, Section 3 read as:

____________________________________________________________

3. Definitions.-In this Act, unless the context otherwise requires,-

(a) "Board" means the Coal Board established under Section 4;

(b) "blending" means the process of intimately mixing different varieties of coal so as to provide a mixture which on carbonisation results in coke, which, in the opinion of the Board, is suitable for being used in metallurgical industries, particularly in iron and steel industries;

(c) "coal" includes coke in all its forms;

(d) "coking coal" means such type of coal from which on carbonisation coke suitable, in the opinion of the Board, for being used in metallurgical industries, particularly in iron and steel industries, can be prepared;

(e) "Chief Inspector" and "Inspector" mean the persons respectively appointed as the Chief Inspector of Mines and Inspector of Mines under sub-section (1) of Section 4 of the Indian Mines Act, 1923 (4 of 1923)⁹ and the provisions of that Act shall apply to the Chief Inspector and to all Inspectors while exercising their powers under this Act or the rules made thereunder;

(f) "Fund" means the Coal Mines Safety and Conservation Fund constituted under Section 12;

(g) "India" means the territory of India excluding the State of Jammu and Kashmir;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "soft coke" means all coke which is unsuitable for being used in metallurgical industries, and "hard coke" means all coke which is not soft coke;

(j) "stowing" means the operation of filling with sand or any other material or with both spaces left underground in a coal mine by the extraction of coal;

(k) "washing" means such a process or a combination of processes as may be approved in this behalf by the Board by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom;

(l) "agent", "mine" and "owner" have the meanings respectively assigned to them in Section 3 of the Indian Mines Act, 1923 (4 of 1923)¹⁰.

Section 4. Establishment of the Board

4. Establishment of the Board.-(1) There shall be established a Board¹, to be called the Coal Board, and such Board shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

(2) The Board shall consist of a Chairman and such number of other members, not exceeding six, as the Central Government may think fit to appoint and the members (including the Chairman) shall hold office during the pleasure of the Central Government for any period not exceeding five years and shall be eligible for re-appointment:

Provided that the Chairman or any other member of the Board may resign his office by giving notice in writing to the Central Government and shall, on such resignation being accepted by that Government, be deemed to have vacated his office.

(3) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members (including the Chairman) or any defect in the constitution thereof.

Section 5. Functions of the Board

5. Functions of the Board.-(1) The Board may, for the purpose of maintenance of safety in coal mines ¹ [or for development of coal mines] or for conservation of coal, exercise such powers and discharge such duties as may be assigned to it by or under this Act.

(2) The Central Government may, by general or special order², delegate to the Board, subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under this Act or under any other law for the time being in force as it may deem necessary for effectively dealing with problems relating to safety in ³ [, or development of,] coal mines or conservation of coal and matters connected therewith or incidental thereto.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 5 read as:

____________________________________________________________

5. Functions of the Board.-(1) The Board may, for the purpose of maintenance of safety in coal mines or for conservation of coal, exercise such powers and discharge such duties as may be assigned to it by or under this Act.

(2) The Central Government may, by general or special order⁴, delegate to the Board, subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under this Act or under any other law for the time being in force as it may deem necessary for effectively dealing with problems relating to safety in coal mines or conservation of coal and matters connected therewith or incidental thereto.

Section 6. Powers of the Board in executing operations

6. Powers of the Board in executing operations.-(1) If in the opinion of the Board, it is necessary or desirable that any measures, including stowing, required in furtherance of the objects of this Act should be undertaken directly by the Board, the Board may execute or cause to be executed such measures under its own supervision.

(2) For the purposes of this section, the Board shall have the right for itself and all persons employed in the execution of any work undertaken under this section to enter upon any property in which the work has to be done, and to do therein all things necessary for the execution of the work.

(3) No person shall obstruct or interfere with the execution of any work undertaken under this section and no person shall remove or tamper with any plant or machinery or any stowing or other materials used in the execution of such work.

(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Section 7. Powers of Central Government in respect of safety in coal mines and conservation of coal

7. Powers of Central Government in respect of safety in coal mines and conservation of coal.-(1) The Central Government may, for the purpose of maintenance of safety in coal mines ¹ [or for development of coal mines] or for conservation of coal, exercise such powers and take or cause to be taken all such measures as it may deem necessary or proper or as may be prescribed.

(2) Without prejudice to the generality of the foregoing power, the Central Government may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such measures as it may think necessary for the purpose of maintenance of safety in coal mines ² [or for development of coal mines] or for conservation of coal, including-

(a) in any coal mine, stowing for safety; or

(b) without prejudice to any order under clause (a), in the case of any coal mine producing coking coal or producing coal which on beneficiation is likely to yield coking coal or producing coal suitable for blending, stowing for conservation; or

(c) washing of coal with a view to beneficiating and reducing the ash contents of coal and improving its coking qualities.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 7 read as:

____________________________________________________________

7. Powers of Central Government in respect of safety in coal mines and conservation of coal.-(1) The Central Government may, for the purpose of maintenance of safety in coal mines or for conservation of coal, exercise such powers and take or cause to be taken all such measures as it may deem necessary or proper or as may be prescribed.

(2) Without prejudice to the generality of the foregoing power, the Central Government may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such measures as it may think necessary for the purpose of maintenance of safety in coal mines or for conservation of coal, including-

(a) in any coal mine, stowing for safety; or

(b) without prejudice to any order under clause (a), in the case of any coal mine producing coking coal or producing coal which on beneficiation is likely to yield coking coal or producing coal suitable for blending, stowing for conservation; or

(c) washing of coal with a view to beneficiating and reducing the ash contents of coal and improving its coking qualities.

Section 8. Imposition of excise duties

8. Imposition of excise duties.-(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be levied and collected-

(a) on all coal raised and despatched, and on all coke manufactured and despatched, from the collieries in India, such duty of excise not exceeding ¹ [four rupees] per ton as may be fixed from time to time by the Central Government by notification in the Official Gazette, and different rates of duty may be levied on different grades or description of coal or coke:

Provided that the Central Government may, by general or special order, exempt any special grade or grades or description of coal or coke from the levy of such duty of excise;

(b) on all coking coal raised and despatched form the collieries in India, such additional duty of excise not exceeding five rupees per ton in the case of coal of Selected Grade A or Selected Grade B, and not exceeding two rupees per ton in the case of coal of Grade I, as may be fixed from time to time by the Central Government by notification in the Official Gazette.

²[Explanation.-Coal of Selected Grade A, Selected Grade B and Grade I means coal graded as such by the Board in accordance with the specifications laid down by the Central Government from time to time.]

(2) Where coking coal, in respect of which an additional duty of excise has been levied and collected under clause (b) of sub-section (1), is despatched to any person for use in India and-

(a) the use of coking coal is, in the opinion of the Central Government, essential for carrying on any industrial or other process in which such person is engaged; or

(b) the despatch of the coking coal is made under the orders of the Board, although it was not specifically indented for by such person;

then, the Central Government shall cause to be paid to that person a sum equivalent to the additional duty of excise so collected on the coking coal received and used by that person.

(3) All notifications issued under this section shall be laid, as soon as may be, before Parliament.

____________________________________________________________

Prior to amendment by Act 24 of 1961, Section 8 read as:

____________________________________________________________

8. Imposition of excise duties.-(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be levied and collected-

(a) on all coal raised and despatched, and on all coke manufactured and despatched, from the collieries in India, such duty of excise not exceeding one rupee per ton as may be fixed from time to time by the Central Government by notification in the Official Gazette, and different rates of duty may be levied on different grades or description of coal or coke:

Provided that the Central Government may, by general or special order, exempt any special grade or grades or description of coal or coke from the levy of such duty of excise;

(b) on all coking coal raised and despatched form the collieries in India, such additional duty of excise not exceeding five rupees per ton in the case of coal of Selected Grade A or Selected Grade B, and not exceeding two rupees per ton in the case of coal of Grade I, as may be fixed from time to time by the Central Government by notification in the Official Gazette.

Explanation.-Coal of Selected Grade A, Selected Grade B and Grade I means coal graded as such under the Colliery Control Order, 1945.

(2) Where coking coal, in respect of which an additional duty of excise has been levied and collected under clause (b) of sub-section (1), is despatched to any person for use in India and-

(a) the use of coking coal is, in the opinion of the Central Government, essential for carrying on any industrial or other process in which such person is engaged; or

(b) the despatch of the coking coal is made under the orders of the Board, although it was not specifically indented for by such person;

then, the Central Government shall cause to be paid to that person a sum equivalent to the additional duty of excise so collected on the coking coal received and used by that person.

(3) All notifications issued under this section shall be laid, as soon as may be, before Parliament.

Section 9. Imposition of customs duty

9. Imposition of customs duty.-During the period in which any duty of excise is being levied under Section 8, the Central Government may, by notification in the Official Gazette, impose on all coal (including soft and hard coke) imported or brought into India from any place outside India, a duty of customs (which shall be in addition to any duty of customs for the time being leviable under any other law), at rates equivalent to the rates of duties of excise levied under Section 8.

Section 10. Collection of excise duties

10. Collection of excise duties.-The duties of excise levied under Section 8 shall be collected by such agencies and in such manner as may be prescribed.

Section 11. Payment to the Coal Board

¹[11. Payment to the Coal Board.-The Central Government may, in each financial year, pay to the Board a sum not exceeding the aggregate of the net proceeds (determined in such manner as may be presribed) of the duties of excise collected, under Section 8, during the period commencing on the date of commencement of this Act and ending on the 1st day of the preceding financial year, less the aggregate of the amounts already paid to the Board, under this section, during that period.]

____________________________________________________________

Prior to substitution by Act 52 of 1970, Section 11 read as:

____________________________________________________________

11. Payment to the Coal Board.-The Central Government may, in each financial year, pay to the Board a sum not exceeding the net proceeds (determined in such manner as may be prescribed) of the duties of excise collected under Section 8 during the preceding financial year.

Section 12. Money received by the Board to be credited to the Fund

12. Money received by the Board to be credited to the Fund.-¹ [(1) The sum referred to in Section 11 and any other money received by the Board shall be credited to,-

(a) where it relates to safety in coal mines or conservation of coal, a Fund to be called the Coal Mines Safety and Conservation Fund,

(b) where it relates to the developing of coking coal mines, a Fund to be called the Coal Development Fund.

(1-A) The Safety Fund shall be applied by the Board, in such manner and subject to such conditions as may be prescribed, to-

(a) meeting the expenses in connection with the administration of the Board and the furtherance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(b) the grant of stowing materials and other assistance for stowing operations to the owners, agents or managers of coal mines;

(c) the execution of stowing and other operations in furtherance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(d) the prosecution of research work connected with safety in coal mines or conservation and utilisation of coal;

(e) meeting the cost of administering the Safety Fund and the expenses in connection with Advisory Committees;

(f) the grant to State Governments, research organisations, local authorities and owners, agents or managers of coal mines of money in aid of any scheme approved by the Central Government in furtherance of the objects of this Act in so far as such objects relate to safety in coal mines or conservation of coal;

(g) any other expenditure which the Central Government directs to be defrayed out of the Safety Fund.

(1-B) The Development Fund shall be applied by the Board, in such manner and subject to such conditions as may be prescribed, to-

(a) development of coal mines in a scientific manner,

(b) meeting the cost of the administration of any scheme for the development of coal mines.]

(2) The Board shall keep ² [separate accounts in relation to the Development Fund and the Safety Fund], and such accounts shall be examined and audited by the Comptroller and Auditor-General of India at such times and in such manner as he deems fit and the report of the Comptroller and Auditor-General of India shall be laid, as soon as may be, before Parliament.

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 12 read as:

____________________________________________________________

12. Money received by the Board to be credited to the Fund.-(1) The sum referred to in Section 11 and any other money received by the Board shall be credited to a Fund to be called the Coal Mines Safety and Conservation Fund which shall be applied by the Board, in such manner and subject to such conditions as may be prescribed, to-

(a) meeting the expenses in connection with the administration of the Board and the furtherance of the objects of this Act;

(b) the grant of stowing materials and other assistance for stowing operations to the owners, agents or managers of coal mines;

(c) the execution of stowing and other operations in furtherance of the objects of this Act;

(d) the prosecution of research work connected with safety in coal mines or conservation and utilisation of coal;

(e) meeting the cost of administering the Fund and the expenses in connection with Advisory Committees;

(f) the grant to State Governments, research organisations, local authorities and owners, agents or managers of coal mines of money in aid of any scheme approved by the Central Government in furtherance of the objects of this Act;

(g) any other expenditure which the Central Government directs to be defrayed out of the Fund.

(2) The Board shall keep accounts of the Fund, and such accounts shall be examined and audited by the Comptroller and Auditor-General of India at such times and in such manner as he deems fit and the report of the Comptroller and Auditor-General of India shall be laid, as soon as may be, before Parliament.

Section 13. Powers of Inspectors

13. Powers of Inspectors.-(1) The Chief Inspector or any Inspector may make such examination and inquiries as he thinks fit in order to ascertain whether the provisions of this Act or of any rules and orders made thereunder are being complied with.

(2) The Chief Inspector or any Inspector may, with such assistants, if any, as he thinks fit, enter, inspect and examine at any time by day or night any coal mine in respect of which assistance is being or has been given under this Act, in order to ascertain the amount of sand or other materials used in stowing in the mine or to ensure that stowing or any other operation towards which assistance may be granted under this Act, has been, or is being, done effectively:

Provided that the power conferred by this sub-section shall not be exercised in such a manner as unreasonably to impede or obstruct the working of the mine.

(3) Without prejudice to the provisions of Section 19 of the Indian Mines Act, 1923 (4 of 1923)¹, the Chief Inspector or any Inspector may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such protective measures, including stowing, in the mine as the Chief Inspector or the Inspector may think necessary, if in the opinion of the Chief Inspector or Inspector-

(a) the extraction or reduction of pillars in any part of the mine is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger human life or the mine ² [or a railway], or

(b) adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of any part of the mine or for restricting the area that might be affected by fire or flooding, as the case may be.

(4) The powers conferred on the Inspector under sub-sections (1), (2) and (3) may also be exercised by such officers of the Board suitably qualified in this behalf as the Central Government may, by notification in the Official Gazette,³ specify in this behalf.

____________________________________________________________

Prior to amendment by Act 24 of 1961, Section 13 read as:

____________________________________________________________

13. Powers of Inspectors.-(1) The Chief Inspector or any Inspector may make such examination and inquiries as he thinks fit in order to ascertain whether the provisions of this Act or of any rules and orders made thereunder are being complied with.

(2) The Chief Inspector or any Inspector may, with such assistants, if any, as he thinks fit, enter, inspect and examine at any time by day or night any coal mine in respect of which assistance is being or has been given under this Act, in order to ascertain the amount of sand or other materials used in stowing in the mine or to ensure that stowing or any other operation towards which assistance may be granted under this Act, has been, or is being, done effectively:

Provided that the power conferred by this sub-section shall not be exercised in such a manner as unreasonably to impede or obstruct the working of the mine.

(3) Without prejudice to the provisions of Section 19 of the Indian Mines Act, 1923 (4 of 1923)⁴, the Chief Inspector or any Inspector may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such protective measures, including stowing, in the mine as the Chief Inspector or the Inspector may think necessary, if in the opinion of the Chief Inspector or Inspector-

(a) the extraction or reduction of pillars in any part of the mine is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger human life or the mine, or

(b) adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of any part of the mine or for restricting the area that might be affected by fire or flooding, as the case may be.

(4) The powers conferred on the Inspector under sub-sections (1), (2) and (3) may also be exercised by such officers of the Board suitably qualified in this behalf as the Central Government may, by notification in the Official Gazette,⁵ specify in this behalf.

Section 14. Application of Act 4 of 1923

14. Application of Act 4 of 1923.-The provisions of sub-sections (3) to (6) (both inclusive) of Section 19 of the Indian Mines Act, 1923 (4 of 1923)¹, shall apply to an order made under sub-section (3) of Section 13 of this Act as they apply to an order made under sub-section (2) of Section 19 of that Act, and all the provisions of the Indian Mines Act, 1923² [except sub-section (1) of Section 11 thereof], affecting committees appointed for the purposes of that Act or relating to the disposal of references made to such committees, shall apply, so far as may be, to a committee appointed to inquire into a reference under this Act and to the disposal of such reference:

Provided that the power conferred by the proviso to sub-section (6) of the said Section 19 to suspend the operation of a requisition under sub-section (1) of that section shall include a power similarly to suspend the operation of an order made under sub-section (3) of Section 13 of this Act.

Section 15. Advisory Committees

15. Advisory Committees.-(1) The Central Government may, by notification in the Official Gazette, constitute one or more Advisory Committees consisting of such number of persons and on such terms and conditions as may be prescribed.

(2) It shall be the duty of the Advisory Committees to advise the Central Government or the Board in regard to any matter connected with the administration of the Act in respect of which their advice is sought by the Central Government, as the case may be, by the Board.

Section 16. Protection of action taken in good faith

16. Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie against the Chairman or any other member of the Board or any officer thereof or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

Section 17. Power to make rules

17. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules¹ to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the measures to be taken for the purpose of maintenance of safety in coal mines or for the conservation of coal;

²[(aa) the measures to be taken for the development of coal mines;]

(b) the levy, collection and payment of the duties of excise and the imposition, collection and payment of the duty of customs;

(c) the appointment and terms and conditions of service of the Chairman and other members of the Board;

(d) the powers and functions of, and the conduct of business by, the Board;

(e) the determination of the net proceeds of the duties of excise for the purposes of Section 11;

(f) the manner in which, and the conditions subject to which, sums at the credit of the ³ [Development Fund or the Safety Fund, as the case may be,] may be applied;

(g) the form in which the accounts of the ⁴ [Development Fund or the Safety Fund] shall be kept;

(h) the composition of any committee of inquiry which may be appointed to inquire into a reference arising out of an order passed under sub-section (3) of Section 13, the technical qualifications to be possessed by persons nominated thereto, and the powers and duties of such committee;

(i) the composition of Advisory Committees, their functions, and the terms and conditions of service of members thereof;

(j) recruitment of officers and staff to be appointed by the Board;

(k) any other matter which has to be, or may be, prescribed.

(3) Any rule made under the provisions of this Act may provide that the contravention thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

⁵[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

____________________________________________________________

Prior to amendment by Act 52 of 1970, Section 17 read as:

____________________________________________________________

17. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules⁶ to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the measures to be taken for the purpose of maintenance of safety in coal mines or for the conservation of coal;

(b) the levy, collection and payment of the duties of excise and the imposition, collection and payment of the duty of customs;

(c) the appointment and terms and conditions of service of the Chairman and other members of the Board;

(d) the powers and functions of, and the conduct of business by, the Board;

(e) the determination of the net proceeds of the duties of excise for the purposes of Section 11;

(f) the manner in which, and the conditions subject to which, sums at the credit of the Coal Mines Safety and Conservation Fund may be applied;

(g) the form in which the accounts of the Fund shall be kept;

(h) the composition of any committee of inquiry which may be appointed to inquire into a reference arising out of an order passed under sub-section (3) of Section 13, the technical qualifications to be possessed by persons nominated thereto, and the powers and duties of such committee;

(i) the composition of Advisory Committees, their functions, and the terms and conditions of service of members thereof;

(j) recruitment of officers and staff to be appointed by the Board;

(k) any other matter which has to be, or may be, prescribed.

(3) Any rule made under the provisions of this Act may provide that the contravention thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

⁷[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

____________________________________________________________

Prior to amendment by Act 24 of 1961, Section 17 read as:

____________________________________________________________

17. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules⁸ to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the measures to be taken for the purpose of maintenance of safety in coal mines or for the conservation of coal;

(b) the levy, collection and payment of the duties of excise and the imposition, collection and payment of the duty of customs;

(c) the appointment and terms and conditions of service of the Chairman and other members of the Board;

(d) the powers and functions of, and the conduct of business by, the Board;

(e) the determination of the net proceeds of the duties of excise for the purposes of Section 11;

(f) the manner in which, and the conditions subject to which, sums at the credit of the Coal Mines Safety and Conservation Fund may be applied;

(g) the form in which the accounts of the Fund shall be kept;

(h) the composition of any committee of inquiry which may be appointed to inquire into a reference arising out of an order passed under sub-section (3) of Section 13, the technical qualifications to be possessed by persons nominated thereto, and the powers and duties of such committee;

(i) the composition of Advisory Committees, their functions, and the terms and conditions of service of members thereof;

(j) recruitment of officers and staff to be appointed by the Board;

(k) any other matter which has to be, or may be, prescribed.

(3) Any rule made under the provisions of this Act may provide that the contravention thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

(4) All rules made under the provisions of this Act shall be laid, as soon as may be, before Parliament.

Section 18. Act to apply to Government coal mines

18. Act to apply to Government coal mines.-This Act applies also to coal mines belonging to the Government.

Section 19. [Repealed]

19. Repeals and Savings.-[Repealed by the Repealing and Amending Act, 1957 (36 of 1957), Section 2 and Schedule I.]