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  "title": "EXCISE DUTY ON MINERALS (LABOUR WELFARE) ACT, 1967",
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  "text": "THE EXCISE DUTY ON MINERALS (LABOUR WELFARE) \r\nACT, 1967 \r\n(VIII of 1967) \r\nCONTENT \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Imposition and collection of duty \r\n4. Mines Labour Housing and General Welfare Fund \r\n5. Expenditure from the Fund \r\n6. Constitution, etc., of the Mines Labour Housing Board \r\n7. Provisions regarding housing accommodation \r\n8. Constitution, etc., of the Miners Welfare Board \r\n9. Appointment and powers of officers \r\n10. Power to amend Schedule \r\n11. Power to make rules \r\n12. Repeal of Act XXXII of 1947 \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE EXCISE DUTY ON MINERALS (LABOUR WELFARE) ACT, 1967 \r\n(VIII of 1967) \r\n[12th June, 1967] \r\nAn \r\nAct \r\nto impose a duty of excise on certain minerals for financing measures for promoting \r\nthe welfare of labour employed in the mining industry. \r\nWHEREAS it is expedient to impose a duty of excise on certain minerals for \r\nfinancing measures for promoting the welfare of labour employed in the mining \r\nindustry and to provide for the administration and utilization of the proceeds of such \r\nduty and for matters ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\nExcise Duty on Minerals (Labour Welfare) Act, 1967. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on such date as the \r\n2\r\n[Federal Government] may, \r\nby notification in the official Gazette, appoint. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext ,– \r\n(a) “Commissioner” means the Mines Labour Welfare Commissioner \r\nappointed under section 9, and includes any officer authorised in writing \r\nby the Commissioner to exercise or perform any of his powers or \r\nfunctions under this Act; \r\n(b) “Fund” means the Mines Labour Housing and General Welfare Fund \r\nconstituted under section 4; \r\n(c) “Housing Board” means the Mines Labour Housing Board constituted \r\nunder section 6; \r\n(d) “Miners Welfare Board” means the Miners Welfare Board constituted \r\nunder section 8; and \r\n(e) “prescribed” means prescribed by rules made under this Act. \r\n3. Imposition and collection of duty.– (1) There shall be levied and collected as \r\na cess for the purposes of this Act a duty of excise on all minerals specified in the \r\n                                                 \r\n1This Act was assented to by the President of Pakistan on 10th June, 1967; and was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 12th June, 1967, Pages 373-396. For statement of object and reasons see Gazette of Pakistan \r\n(Extraordinary), dated: 29 November 1966 P. 181. For report of the Standing Committee see Gazette of Pakistan (Extraordinary), \r\ndated: 19 May 1976. P. 237. \r\n2Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\nSchedule dispatched from the mines, at such rate not less than \r\n3\r\n[thirty rupees] and not \r\nmore than 4\r\n[fifty rupees ] per ton as may be fixed by the \r\n5\r\n[Federal Government] by \r\nnotification in the official Gazette \r\n6\r\n. \r\n7\r\n: \r\nProvided that the \r\n8\r\n[Federal Government] may, by notification in the official \r\nGazette, exempt from liability to the duty any of such minerals or any class thereof. \r\n(2) The duty levied under sub-section (1) shall, subject to and in accordance \r\nwith rules made in this behalf under this Act, be collected by such agencies (hereinafter \r\nreferred to as the collecting agencies) and in such manner as may be prescribed.  \r\n4. Mines Labour Housing and General Welfare Fund.– (1) There will be \r\nconstituted a fund to be called the Mines Labour Housing and General Welfare Fund. \r\n(2) On the last date of each month or as soon thereafter as may be \r\nconvenient, the proceeds of the duty levied under section 3 shall be paid by the \r\ncollecting agencies into the State Bank of Pakistan or into any Government treasury \r\nor sub-treasury in the prescribed manner, and shall be credited to the Fund and \r\napportioned under two separate accounts, to be called respectively the housing \r\naccount of the Fund and the general welfare account of the Fund, in such manner and \r\nin such proportion as the \r\n9\r\n[Federal Government] may, by notification in the official \r\nGazette, determine. \r\n(3) There shall also be credited to– \r\n                                                 \r\n3Substituted for the words “ one rupees” by the Punjab Finance Act 2024 (VIII of 2024), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5003, s. 6. It was earlier substituted for the words “fifty paisa” by the Excise Duty \r\non Minerals (Labour Welfare) (Amendment) Ordinance, 1979 (XXVIII of 1979 ), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 19 June 1979, pp. 165-166, s. 2. \r\n4Substituted for the words “ five rupees” by the Punjab Finance Act 2024 (VIII of 2024), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 27 June 2024, pp. 4999-5003, s. 6. It was earlier substituted for the words “one rupee” by the Excise Duty \r\non Minerals (Labour Welfare) (Amendment) Ordinance, 1979 (XXVIII of 1979), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 19 June 1979, pp. 165-166, s. 2. \r\n5Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n6Federal Government fixed the following rates of duty of excise on the minerals specified in the Schedule to the Act in suppression \r\nof Noti.S.R.O.188(k)69 dt.4th April, 1969 [Noti.S.R.O.608(1)79 dt.8th July 1979, Gaz of Pak.Extr.Pt.II, 8 July 1979, P.1118]. The \r\nrate is per ton. 1.Coal Rs.2, 2.Lime Stone Rs.1, 3.Gypsum Rs.1.50; 4.Sandstone, 5.Stone, 6.Silica Sand, 7.Aragonite, 8.Baryte, \r\n9.Bauxte Rs.1 each, 10.Bentonite Rs.3, 11.Celestite Rs.1.50. 12.Chromite Rs.2.50, 13.Dolomite Rs.1. 14.Feldspar Rs.1, \r\n15.Flourite Rs.4, 16.Fireclay, 17.Fuller’s Earth, 18.Gravel Ordinary Stone Rs.1 each; 19.Iron Ore Rs.2.50. 20.Marble Rs.3. \r\n21.Lead Rs.2.50. 22.Magnesite Rs.2. 23.Manganese Rs.1.50, 24.Quartz Rs.1. 25.Soap stone Rs.2. 26.Sulphur Rs.3. \r\n7Application of certain laws to PATA of NWFP: Through Provincially Administered Tribal Areas of North West Frontier Province \r\n(Application of Laws) Regulation, 1992 (Regulation No.1 of 1992) vide Noti. No.F.9(II)/F.IV/91 (Gazette of Pakistan, Extraordinary, \r\nPart I May 16, 1992), certain laws are made applicable to all of PATA of NWFP: \r\n“3Application of certain laws to PATA of NWFP:- \r\nThe provisions of the Excise Duty on Minerals (Labour Welfare) (Amendment) Ordinance, 1979 (XXVIII of 1979) and the Federal \r\nGovernment’s Notification No.S.R.O.607 (I)/79 and S.R.O.608 (I)/79, dated the 8th July, 1979 shall apply to the Provincially \r\nAdministered Tribal Areas of the North-West Frontier Province: \r\nProvided that the duty of excise already levied and collected on the minerals at the enhanced rate, shall, notwithstanding the \r\naforesaid Ordinance and the Notifications being not extended to such areas at the time of levy and collection of such duty be \r\ndeemed to have been validly levied and collected and shall not be liable to be refunded”. \r\n8Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n9Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n(a) the housing account Fund– \r\n(i) any grants made thereto by the \r\n10\r\n[Federal Government]; \r\n(ii) rents, if any, realised from housing accommodation constructed \r\nout of such account; and \r\n(iii)  any other moneys received by the Housing Board; and \r\n(b) the general welfare account of the Fund– \r\n(i) any grants made thereto by the \r\n11\r\n[Federal Government]; and \r\n(ii) any other moneys received for the general welfare of the miners. \r\n5. Expenditure from the Fund.– (1) The cost of administering the Fund and the \r\nsalaries and allowances, if any of the Commissioner, Inspectors, Welfare Officers and \r\nother staff appointed to supervise or carry out measures financed from the Fund shall \r\nbe defrayed out of the Fund, and shall be apportioned between and debited to the \r\nhousing account and the general welfare account in such manner as may be \r\nprescribed. \r\n(2) The \r\n12\r\n[Federal Government] may out of the general welfare account of \r\nthe Fund pay annually grants-in-aid to such of the mine owners as maintain to the \r\nsatisfaction of the Commissioner dispensary services of the prescribed standard for \r\nthe benefit of labour employed in their mines, so however that the amount payable as \r\ngrant-in-aid to the owner of a mine shall not exceed– \r\n(a) such proportion of the duty recovered in respect of the mineral \r\ndispatched from the mine less the proportionate cost of recovery as the \r\n13\r\n[Federal Government] may, by notification in the official Gazette, fix, or \r\n(b) the amount spent by the owner in the maintenance of the dispensary \r\nservice, as determined by the Commissioner, whichever is less: \r\nProvided that no grant-in-aid shall be payable in respect of any \r\ndispensary service maintained by the owner of the mine if the amount \r\nexpended thereon, as determined by the Commissioner, is less than \r\neighty rupees per mensem. \r\n(3) The balance of the moneys in the general welfare account of the Fund \r\nshall be applied by the \r\n14\r\n[Federal Government] to meet expenditure incurred in \r\n                                                 \r\n10Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n11Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n12Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n13Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n14Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\nconnection with measures which are in the opinion of the \r\n15\r\n[Federal Government] \r\nnecessary or expedient to promote the welfare of the labour employed in the mining \r\nindustry. \r\n(4) Without prejudice to the generality of sub-section (3), the moneys in the \r\ngeneral welfare account of the Fund may be utilised to defray– \r\n(a) the cost of measured for the benefit of labour employed in the mining \r\nindustry directed towards– \r\n(i) the improvement of public health and sanitation, the prevention of \r\ndisease, the provision and improvement of medical facilities, \r\nincluding the provision and maintenance of dispensary services \r\nin mines the owners of which do not receive grants-in-aid under \r\nsub-section (2); \r\n(ii) the provision and improvement of water-supplies and facilities for \r\nwashing; \r\n(iii) the provision and improvement of educational facilities; \r\n(iv) the improvement of standards of living, including nutrition, \r\namelioration of social conditions, and the provision of recreational \r\nfacilities; \r\n(v) the provision of transport to and from work. \r\n(b) the grant to a Provincial Government, a local authority or the owner, \r\nagent or manager of a mine of money in aid of any scheme approved by \r\nthe \r\n16\r\n[Federal Government] for any purpose for which moneys in the \r\ngeneral welfare account of the Fund may be utilised; \r\n(c) the allowances, if any, of the members of the Miners Welfare Board and \r\nthe amounts debitable to the account under sub-section (1); and \r\n(d) any other expenditure which the \r\n17\r\n[Federal Government] directs to be \r\ndefrayed out of the moneys in the general welfare account of the Fund. \r\n(5) The \r\n18\r\n[Federal Government] shall publish\r\n19\r\n annually in the official Gazette \r\nan estimate of receipts into and expenditure from the general welfare account of the \r\nFund together with a statement of the accounts and report of the activities financed \r\nduring the previous year from the general welfare account of the Fund, and shall \r\nforward copies of such statement and report to the members of the Miners Welfare \r\nBoard. \r\n                                                 \r\n15Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n16Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n17Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n18Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n19Annual report Published for 1975-76 , Baluchistan Gaz. Extr.5th May, 1977 = 1977 LLC 104 \r\n(6) The moneys in the housing account of the Fund shall be applied by the \r\nHousing Board to defray– \r\n(a) the cost of erecting, maintaining and repairing housing accommodation \r\nfor labour employed in the mining industry and of providing services and \r\nfacilities connected therewith; \r\n(b) the cost of preparing schemes, and of acquiring any land required, for \r\nthe purposes referred to in clause (a); \r\n(c) the grant, subject to the previous approval of the \r\n20\r\n[Federal Government], \r\nto a Provincial Government, a local authority or the owner, agent or \r\nmanager of a mine of money in aid of any scheme approved by the \r\nHousing Board for the purposes referred to in clauses (a) and (b); \r\n(d) the allowances, if any, of the members of the Housing Board and the \r\namounts debitable to the account under sub-section (1); and \r\n(e) any other expenditure which the \r\n21\r\n[Federal Government] directs to be \r\ndefrayed out of the moneys in the housing account of the Fund. \r\n(7) In May of each year the Housing Board shall submit to the \r\n22\r\n[Federal \r\nGovernment] a statement in the prescribed form of the estimated receipts into and \r\nexpenditure from the housing account of the Fund for the ensuing financial year \r\ntogether with a report of the activities financed during the previous year from the \r\nhousing account of the Fund, and may at any time during the ensuing financial year \r\nsubmit to the \r\n23\r\n[Federal Government] a supplementary statement and shall forward \r\ncopies of such statements and report to the members of the Miners Welfare Board. \r\n (8) The Housing Board shall comply with such directions as the \r\n24\r\n[Federal \r\nGovernment] may from time to time think fit to give in respect of expenditure from the \r\nhousing account of the Fund. \r\n(9) The Housing Board may invest moneys in the housing account of the \r\nFund in securities of the \r\n25\r\n[Federal Government] or, with the previous approval of the \r\n26\r\n[Federal Government], in other securities. \r\n                                                 \r\n20Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n21Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n22Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n23Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n24Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n25Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n26Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n(10) The Housing Board shall cause to be maintained such books of accounts \r\nand prepare an annual statement of accounts in such manner, as may be prescribed. \r\n(11) The Housing Board shall cause the housing account of the Fund to be \r\naudited annually by an auditor who shall be a chartered accountant within the meaning \r\nof the Chartered Accountants Ordinance, 1961 (XII of 1961), and as soon as the said \r\naccount has been audited the Housing Board shall forward copies thereof together \r\nwith copies of the report of the auditor thereon to the \r\n27\r\n[Federal Government] and to \r\nthe members of the Miners Welfare Board. \r\n(12) The \r\n28\r\n[Federal Government] shall have power to decide whether any \r\nparticular expenditure is or is not debitable to the housing account, or the general \r\nwelfare account, of the Fund, and its decision shall be final. \r\n (13) Before incurring any expenditure from the Fund other than expenditure \r\nof a routine or urgent nature, the \r\n29\r\n[Federal Government] or, as the case may be, the \r\nHousing Board shall consult the Miners Welfare Board. \r\n6. Constitution, etc., of the Mines Labour Housing Board.– (1) The \r\n30\r\n[Federal \r\nGovernment] shall, by notification in the official Gazette, constitute a Mines Labour \r\nHousing Board to prepare and carry out, subject to the previous approval of the \r\n31\r\n[Federal Government], schemes financed from the housing account of the Fund for \r\nthe provision of suitable housing accommodation for labour employed in mining \r\nindustry, and to carry out other functions of the Housing Board under this Act. \r\n(2) The Commissioner shall be the Chairman of the Housing Board, and the \r\nother members thereof shall be appointed by the \r\n32\r\n[Federal Government] and shall be \r\nof such number and chosen in such manner as may be prescribed. \r\n(3) The Housing Board shall be a body corporate by the name of the Mines \r\nLabour Housing Board, having perpetual succession and a common seal, with power \r\nto acquire and hold property, both movable and immovable, and shall by the said name \r\nsue and be sued. \r\n(4) No act done by the Housing Board shall be called in question on the \r\nground merely of the existence of any vacancy in, or defect in the constitution of, the \r\nHousing Board. \r\n                                                 \r\n27Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n28Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n29Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n30Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n31Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n32Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n7. Provisions regarding housing accommodation.– (1) The occupation by any \r\nperson of any housing accommodation provided out of the housing account of the \r\nFund shall be subject to payment of such rent by that person and compliance by him \r\nat all times with such conditions relating to his occupation of such accommodation as \r\nmay be prescribed. \r\n(2) Before any person occupies any such accommodation he shall be \r\nfurnished with a copy of the conditions referred to in sub-section (1), and if he so \r\ndesires the said conditions shall be read over to him in a language which he \r\nunderstands ;and the Housing Board shall cause to be published in such manner as it \r\nthinks best adapted for informing the persons concerned any changes which may from \r\ntime to time be made in the said conditions. \r\n(3)  If, in the opinion of Housing Board, any person in occupation of any such \r\naccommodation fails or ceases to comply with any of the conditions referred to in sub-\r\nsection (1), it may, by notice in writing, require him to vacate the accommodation on \r\nor before such date, not being less than thirty days after the service of the notice, as \r\nmay be specified in the notice; and the occupation of such accommodation by such \r\nperson or any dependent of his after the date so specified shall be unlawful, and such \r\nperson or dependent may be evicted from such accommodation by use of such force \r\nas may be necessary. \r\n(4) There shall be payable in respect of the occupation of any such \r\naccommodation as aforesaid rent at such rate as may be prescribed:– \r\nProvided that the Housing Board may remit, subject to compliance at all times \r\nwith the conditions referred to in sub-section (1), either the whole or any part of the \r\nprescribed rent: \r\nProvided further that where, in the case of any person who is by virtue of a \r\nremission under the first proviso paying either no rent or a reduced rent, the Housing \r\nBoard has reason to believe that such person has contravened any of the said \r\nconditions, it may by notice in writing require such person to pay, for the period of \r\noccupation commencing immediately after the expiry of seven days of the service of \r\nthe notice, rent for the accommodation occupied by him at the full prescribed rate. \r\n(5) All rent payable in respect of the occupation of such accommodation as \r\naforesaid, whether at the full prescribed rate or at a lesser rate, shall be recoverable \r\nas an arrear of land revenue. \r\n8. Constitution, etc., of the Miners Welfare Board.– (1) The \r\n33\r\n[Federal \r\nGovernment] shall, by notification in the official Gazette, constitute a Miners Welfare \r\nBoard to perform such functions as it may be required to perform by or under this Act \r\nor as the \r\n34\r\n[Federal Government] may, by notification in the official Gazette, entrust to \r\nit. \r\n                                                 \r\n33Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n34Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n(2) The members of the Miners Welfare Board shall be appointed by the \r\n35\r\n[Federal Government] and shall be of such number and chosen in such manner as \r\nmay be prescribed: \r\nProvided that the Board shall include an equal number of members \r\nrepresenting Government, the owners of mines and workmen employed in the mining \r\nindustry, and that at least one member of the Board shall be a woman. \r\n(3) The \r\n36\r\n[Federal Government] shall appoint one of its officers to be the \r\nChairman of the Miners Welfare Board. \r\n9. Appointment and powers of officers.– (1) The \r\n37\r\n[Federal Government] may \r\nappoint a Mines Labour Welfare Commissioner and such number of Inspectors, \r\nWelfare Officers and other staff as it thinks fit to supervise and carry out measures \r\nfinanced from the Fund. \r\n(2) The Commissioner or any Inspector or Welfare Officer may, with such \r\nassistance, if any, as he thinks fit, enter at all reasonable times any place which he \r\nconsiders it necessary to enter for the purpose of supervising or carrying out the \r\nmeasures financed from the Fund, and may do therein anything necessary for the \r\nproper discharge of his duties. \r\n(3) Any person appointed under sub-section (1) shall be deemed to be a \r\npublic servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV \r\nof 1860). \r\n10. Power to amend Schedule.– The \r\n38\r\n[Federal Government] may, by notification \r\nin the official Gazette, make such amendments and modifications in the Schedule as \r\nit thinks fit. \r\n11. Power to make rules.– (1) The \r\n39\r\n[Federal Government] may, by notification in \r\nthe official Gazette, and subject to the condition of previous publication, make rules to \r\ncarry into effect the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, rules made under this section may provide for all or any of the following \r\nmatters, namely:– \r\n(i) the manner in which the duty levied under sub-section (1) of section 3 \r\nshall be collected, the agencies by whom the duty shall be collected, the \r\npersons who shall be liable to make the payments, the making of \r\n                                                 \r\n35Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n36Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n37Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n38Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n39Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\nrefunds, remissions and recoveries, the deduction by collecting agencies \r\nof a percentage of the realizations to cover the cost of collection, and the \r\nprocedure to be followed in paying the proceeds into the State Bank of \r\nPakistan or into any Government treasury or sub-treasury; \r\n(ii) the composition of the Housing Board, the manner in which its members \r\nshall be chosen, the term of office of its members, the allowances if any \r\npayable to them and the manner in which the Housing Board shall \r\nconduct its business, including the number of members necessary to \r\nform a quorum at a meeting thereof; \r\n(iii) the books of account to be maintained by the Housing Board, and the \r\nform of its financial estimates and statements of account; \r\n(iv) the composition of the Miners Welfare Board, the manner in which its \r\nmembers shall be chosen, the term of office of its members, the \r\nallowances, if any, payable to them and the manner in which the Board \r\nshall conduct its business; \r\n(v) the apportionment between the housing account and the general welfare \r\naccount of the Fund of the expenditure on the administration of the Fund \r\nand on the salaries and allowances of the Commissioner, Inspectors, \r\nWelfare Officers and other staff employed for the purposes of this Act; \r\n(vi) the standard of dispensary services to be provided by owners of mines \r\nfor the purposes of sub-section (2) of section 5, and the inspection and \r\nsupervision of the dispensaries and other places at which such services \r\nare provided; \r\n(vii) the application by owners of mines for grants-in-aid, the authority to \r\nwhom and the manner in which such applications shall be made and the \r\nparticulars to be specified in such applications; \r\n(viii) the manner in which dispensary services may be provided by the \r\n40\r\n[Federal Government]; \r\n(ix) the conditions governing the grant of money from the general welfare \r\naccount of the Fund to a Provincial Government, a local authority or the \r\nowner, agent or manger of a mine; \r\n(x) the rate of rent for housing accommodation provided out of the housing \r\naccount of the Fund; \r\n(xi) the conditions of service and the duties of Inspectors, Welfare Officers \r\nand other staff appointed to supervise or carry out measures financed \r\nfrom the Fund; \r\n(xii) the duties and functions of the Commissioner; \r\n(xiii) the furnishing by owners, agents or managers of mines of statistical or \r\nother information, and the punishment by fine not exceeding two \r\nhundred rupees on failure to comply with the requirements of any rules \r\nmade under this clause; \r\n                                                 \r\n40Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\n(xiv) any other matter which under this Act is to be or may be prescribed. \r\n12. Repeal of Act XXXII of 1947.– (1) On the coming into force of this Act, the Coal \r\nMines Labour Welfare Fund Act, 1947, hereinafter referred to as the said Act, shall \r\nstand repealed. \r\n(2) Upon the repeal of the said, Act ,– \r\n(a) any balance remaining in the Fund constituted under the said Act shall \r\nbe credited to the Fund constituted under this Act, and shall be \r\napportioned between the housing account and the general welfare \r\naccount of such Fund in such manner as the \r\n41\r\n[Federal Government] may \r\ndetermine; \r\n(b) the Housing Board and the Advisory Committee constituted under the \r\nsaid Act shall be deemed respectively to be the Housing Board and the \r\nMiners Welfare Board under this Act and the members thereof shall \r\ncontinue to hold office till the expiry of the term of their office or the \r\nconstitution of the Housing Board or, as the case may be, Miners Welfare \r\nBoard under this Act, whichever is earlier; \r\n(c) every appointment, rule and notification made or issued under the said \r\nAct and in force immediately before the repeal of the said Act shall, so \r\nfar as it is not inconsistent with the provisions of this Act, be deemed to \r\nhave been made or issued under this Act as if this Act were in force at \r\nthe time at which such appointment, rule or notification was made or \r\nissued; \r\n(d) all assets, properties, investments and rights and all debts and liabilities \r\nand obligations of whatever kind of the Housing Board subsisting \r\nimmediately before the repeal of the said Act shall stand transferred to \r\nand vest in the Housing Board constituted under this Act; and \r\n(e) all suits and other legal proceedings instituted by or against the Housing \r\nBoard before the repeal of the said Act shall be deemed to be suits and \r\nproceedings by or against the Housing Board constituted under this Act \r\nand shall be proceeded or otherwise dealt with accordingly. \r\n                                                 \r\n41Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General \r\nAdaptations. \r\nTHE SCHEDULE \r\n(See sections 3 and 10) \r\n \r\n1. Coal.   10. Bentonite   19. Iron Ore \r\n2. Limestone.  11. Celestite   20. Marble \r\n3. Gypsum.  12. Chromite   21. Lead \r\n4. Sandstone.  13. Dolomite   22. Magnesite \r\n5. Stone.   14. Feldspar   23. Manganese \r\n6. Silica Sand.  15. Flourite   24. Quartz \r\n42\r\n[7. Ataponite  16. Fireclay   25. Soapstone \r\n8. Baryte   17. Fuller’s Earth   26. Sulphur.] \r\n9. Bauxite  18. Gravel Ordinary Stone \r\n                                                 \r\n42Entries 7 to 26 added by Notification No. S.R.O 607 (I) 79 dated: 8 July, 1979, Part-II p.1117.",
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