2|1O-B. Determination of employer in certain cases.-(1) Where the employer is a firm or other association of individuals all, or any of the partners or members thereof, or where the employer is a company, all or any of the directors thereof may be prosecuted and punished under this Act for any offence for which the employer is punishable :

Provided that where a firm, association or company has given notice in writing to the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behalf that it has nominated,-
(a) in the case of a firm, any of its partners,
(b) in the case of an association, any of its members,

(c) in the case of a company, any of its directors, who is resident in each case in place to which this Act extends and who is in each case either in fact in charge of the management of or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the employer for the purposes of this Act or of any scheme framed thereunder, such partner, member or director, as the case may be. shall so long as he continues to so reside and be in charge or holds the largest number of shares as aforesaid, be deemed to be the employer for the purposes of this Act or any scheme framed thereunder, unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behalf.

(2) Where the employer is a Government or any local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be. to manage the affairs of the coal mine, shall, notwithstanding anything to the contrary contained in any law or contract for the time being in force, be deemed to be the employers or employer in respect of the coal mine and may be prosecuted and punished under this Act for any offence for which the employer is punishable.

10-C. Delegation of powers.-(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or any scheme framed thereunder shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by the Coal Mines Provident Fund Commissioner or any officer authorised in this behalf by the . Central Government.

(2) The Board may delegate to its Chairman or the Coal Mines Provident Fund Commissioner or any other officer of the Board, subject to such conditions and limitations, if any, as the Board may specify, such of the powers and functions of the Board under this Act or any scheme framed thereunder, as the Board may deem necessary for the efficient administration of any scheme framed under this Act.

10-D. Payment of contribution by employer and recovery thereof from members.-(1) The contribution shall be payable by the employer (hereinafter referred to as the employer's contribution) and by the employee (hereinafter referred to as the employee's contribution) at such rate as may be specified in the Coal Mines Provident Fund Scheme, and the employer shall pay the employer's contribution as well as the employees' contribution, whether or not he has recovered from any employee the employees' share of the contribution.

(2) The amount of any contribution paid by the employer on behalf of a member shall, notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, be recoverable by means of deduction from the wages of the member and not otherwise.


1. J. A. Trivedi Brothers u. Union of India. 1975 J.L.J. 404 at p. 411.
2. Ins. by Act 45 of 1965 (w.e.f. Isl April. 1966).