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    <title>1958 (4) TMI 129 - CALCUTTA HIGH COURT</title>
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    <description>Section 9 of the Coal Mines Provident Fund and Bonus Schemes Act, 1948 and Clause 70 of the 1948 Scheme were treated as a permissible delegation because the Act laid down the legislative policy, fixed the outer limits of punishment, and confined the scheme-making power to statutory details; the provisions were therefore not ultra vires. The Scheme was also held capable of providing penalties for breach, since the Act expressly authorised penal provisions and the absence of a specific preamble reference to Section 9 did not affect validity. On the colliery agreement, the petitioners retained substantial incidents of ownership and so fell within the statutory concept of owner and employer; liability and conviction were sustained.</description>
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    <pubDate>Tue, 01 Apr 1958 00:00:00 +0530</pubDate>
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      <title>1958 (4) TMI 129 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=288583</link>
      <description>Section 9 of the Coal Mines Provident Fund and Bonus Schemes Act, 1948 and Clause 70 of the 1948 Scheme were treated as a permissible delegation because the Act laid down the legislative policy, fixed the outer limits of punishment, and confined the scheme-making power to statutory details; the provisions were therefore not ultra vires. The Scheme was also held capable of providing penalties for breach, since the Act expressly authorised penal provisions and the absence of a specific preamble reference to Section 9 did not affect validity. On the colliery agreement, the petitioners retained substantial incidents of ownership and so fell within the statutory concept of owner and employer; liability and conviction were sustained.</description>
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