7 months ago
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Seeking to beforehand societal information laws and adjusting them to “current script and circumstances”, the Ministry of Coal Tuesday floated a draught consultation to repeal the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948. The projected legislation, lasting arsenic a measure astatine present, intends to obviate the “present difficulties” of the ember assemblage and align it with developments with respect to concern quality resolution, moving conditions, societal security, wage regularisation and digitalisation, according to the ministry. “This volition guarantee its effectiveness successful gathering the contiguous and aboriginal needs of the ember sector,” reads the draught legislation.
The 1948 authorities provides for framing a provident money scheme, a deposit linked security strategy and a bonus strategy for ember excavation workers. Though the enactment has been amended 7 times since its inception, the latest was astir 3 decades backmost successful 1996. The ministry is soliciting comments until November 7.
Legalising money administrator, reconstitution of committee
The measure seeks to legalise the Coal Mines Provident Fund Organisation (CMPFO) and inducing parity with the Employees Provident Fund and Miscellaneous Provision Act, 1952, and different applicable societal information laws. In different words, imbibing an authoritative designation arsenic the main head of the fund, arsenic existing astatine present, meant for payment of ember excavation workers.
However, successful a large alteration, it seeks to regenerate the Board of Trustees, which is the administrative assemblage of the CMPFO, with a much typical Coal Mines Employees’ Provident Fund Board. The ministry underlined the constitution of the committee would beryllium altered to guarantee “efficient governance, capable practice and effectual oversight” of the provident fund. Additionally, it would mandate that of the six radical representing employees (in the board), astatine slightest 1 subordinate indispensable beryllium a woman.
At present, the committee of trustees consistsof the Secretary, the Commissioner — arsenic an ex-officio subordinate — who is the wide in-charge alongside Joint Secretary astatine the Ministry of Coal and eleven different members representing employees.
De-criminalises provisions
The measure seeks to partially decriminalise penal provisions of the enactment substituting them with monetary penalties and further penalties. This is towards ensuring [a] much “pragmatic and reformative approach”. Additionally, it proposes the assignment of adjudicating officers to find violations and enforce penalties. This is to facilitate a “fair and expeditious informal adjudication process”, the explanatory enactment states. However, the nonstop contours of the penal provisions were not enumerated successful the explanatory note. Presently, immoderate contravention of the enactment calls for an imprisonment word of up to six months and fines up to ₹1,000, and 1 twelvemonth for a repetition offence.
