LexThe Kerala Khadi Workers' Welfare Fund Act,1989( 1 of 1989)
Kerala · state statute
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KERALA GAZETTE: . - EXTRAORDINARY :
PUBLISHED BY AUTHORITY -
4 43th April 989 *
Vol. XXXIV] ‘frivandram, Thursday, eer et [NO 354
. 23rd Chaithra i9i1 s stat
t
“GOVERNMENT OF KERALA |
Law (Legislation C) Department.
~ a . ™ é . +
: . 9 NOTIFICATION .
"No. 20673/Leg:'C3/88/Lave. Dated; Trivandrum, 13th ‘April, 1989 7 a
- eo - "98rd Chaithra, 191).
Ss '
In ; ursuance of clause (3) of article 348 ofthe Constitution of India,
*, the Governor is pleated ‘to authorise the publication in the Gazeite of the
following translahen, i: the English lax.guage of the Kerala Khadi Wothkers’
‘Welfare Fund Act, 1989 (1 of 1989). .
3 : . By order of the Governor,
. ALY. Rawaxnrsavi "PANIOKER, —
Special Gechetary Gan)
‘ PRINTED ‘AND PUBYISHED RY THE 8.4.7. AT THE coves - PRES —
TRIVANDRUM, 1989
«
THE KERALA KAD] WORKERS WELFARE, FUND. ACP, i9ad ,
*. : . ‘CONTENTS
Preanible . : . .
' ‘Sections so | rn “ ’ . . . a .
1. Short. title, extent and “commencement.” ,
, 2. “Definitions -. 8 : .
J) 3.) Khadi: Workers’ Welfare’ Futid Scheme 2 oe 4 Contribution to the Fund Pe a
5.. Modification ‘of the Scheme ‘ ‘ 4,
6 Constitution of Board . ,
‘ "7. Term of office: ‘of the. Directors 2 oo) oe tt
; 8." Removal of non-official’ Diréctols, '
9. Appointment of Officers and Staff "2 _
10. Power of the Board‘to borrow # .
Ji. Determination of amount dues 4: ‘
12.. Mode of recovery of money, due, from Khadi Institutions
13, Priority of. Payment of contribution over other debits
14. ° Khadi Institutions not to. reduce wages etc. .
. * 15." Diréctérs of Board ete. to. ‘be public servants . : 7
! 16, Penalty, + wo Bs vo \
"Ls Power to. recover damages. . , Loo. °
18. “Protection for actsdone:i in: good faith Te - ‘
19. Directions by Government fw ;
20. Power to order inquiry" a:
21. Power te supersede Board. +
_ 22, -Nudit of accounts” of. the Board, sppiniment and “semunération of
auditors”: .
Annual report and audited statement ‘ofacconnts me,
‘Bar of: jurisdiction , of Civil Corrs : 1a rey
' Special provisions. for translér of accumulation | from Welfare Funds
established ‘by any Act or agreement
. Power to. make rules - ¥ yk . ‘
ao Repéal . , : ‘ , ,
_ Scheduis [ ae + ,
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. _ +) 6 0) English Translation)”
oo ; “" "ACT 1 OF’ i999 :
THE, KERALA: KHADI WORKERS’ WELVARE, FUND: ACT, 1989 ~
(Received thé" assent oF the: Govemor Gu “the 30th. day of janiary, 1989 ”
and published. as Act 1 of 1989 in the Kerala, Gazeite Extracrdinary No» 100
_ dated the 31st January, 1989. y ;
1 in Att: to provide for. the: constitetion af & Find te grant rélief to, to pronivte the
. , welfare of and to pay fension. ie: ihe hadi Workers in khade industry va the State
“> of Kerala and for certain: other matters, ingidental thereto, | +s =
_ Preamble. —WHEREAS it: ig "expedient to provide’ for the constitution ,
of a Fund to grant relief io, to promote the welfare of and to: pay pension
“to the Khadi' Workers in. khadi industry in the State.of Kerala ‘and for certain
other _ Matters incidental thereto. “ mw OF, , us re * . “ye c
mo . ~BE it enacted in n He fini Yeats ‘of the: Republic ‘of India as.
8 follows:— : : - . eo,
nm
_ i. Short’ titles extent ind corumencemeitt. tH) This ‘Act ; ; may: be ‘called
. & the Kerala Khadi Workers’ ‘Welfare Fund, Act, 1989. . "
_&Y Tt éxtends to the. whole'of” ‘the State ‘of ‘Kerala.
“@) It ‘shall: ¢ come. into force’ on stich date as the Government may; by. : we
notification in the. Gazette, ap appoint. , 7 ne
ae A : 2. - Defi In this, Act, “vinless the context otherwise fequires,— Se
a , (ay * Board?’ méaris tte Kerala Khadi Workers! Wettare Fund Board
constituted. under section, B3_ . s
(b) “Chief theecutive “Officer” means the Chief “Executive "Offices "appointed. tinde? sub-section (1) of section 9; 2 oh :
(ey Contribution’ neans the sum ‘of money, payable te the Fans .* under section. “4, : :
xe @ ‘ “#Cost: Chart” means the Cost Chart ‘appiovel ‘and enforced bre the “Khadt and ‘Village: Industries Conunission from’ time to- ‘time; po
-@ “Eainily”” mealisy-— . oy oo 3
fi). husband, wife, minor sons, unmarriéd daughters; :
ay father: ‘and mother who ‘are dependent upon. the Khad Worker;
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" *@) “und’? meansthe Kerala Khadi Workets’ Welfare Fund establi- shed under section .3; aa
(g) “Khadi Institution” means the Kerala Khadiand Village Industries
Beard constituted under the Kerala Khadi and Village Industries Board Act,
1957°(9 of 1957); Societies registered. or ;deeméed.to be registered. under the
Kerala Co-operative Societies Act, 1969 (21 of 1969) or theTravancore-Cochin
Literary, Scientific and Charitable Societies ‘Registration Act, 1955 (12 of °
- 1955} or the Societies Registration Act, 1860 (Central Act XXI of 1860) and
. engaged in the production of Khadi with the financial and technical assistance .
from the Kerala Khadi and Village Industries Board or from the Khadi
and Village Industries Commission constituted under the Khadi and Village
Industries Commission Act, 1956 (Central Act LixI of 1956); * L wt
(h)} “Khadi? means any cloth woven. ori handlooms in. India from
cotton, silk or woollen yarn handspun in India or froma mixture of any to or
all of such yarns; * , ~.
(i) “Khadi worker means any person employed'thvough Khadi Insti-
tutions and engaged in the production of Khadi. or doing any,work in connec-
tion with the various processes in tkhadi. indystry fand gets his wages
from such inétitiitions and includes any? other person. engaged. in. Khadi
industry whom-the Government may’ by notification in the Gazette from. °
time to time deciarejto {be Khadi worker for the ‘purposes, of this Act.
»* —. dxplanation,—If any question arises as to whether a ‘person is or is notia
Khadi worker for the.purpose’ of this Act, the question shall be
referred to the Secretary, Kerala Khadi and Village Industries Board
decision thereon Shall be final.
(jy “Merhber’” means a member of the Fund; x
{k) “Péi'son” includes a company,.a firm, ‘an association of individuals,
Societies registered or deemed to he registered under the Kerala Co-gperative
Societies Act, 1969 (21 of 1969} or the Travancore-Cochin, Literary Scientific
Registration Act, 1860 (Central Act XXT of 1860);
yand Charitable Societiés Registration Act, 1955 (12 of 1955) or the Societies
4
‘ ) “Prescribed” means. prescribed, by rules made under this
- Act; a . “
Gm) ‘‘Processes in khadi industry” means processing of cotton, sliver
yarn production, processing of yarn for weavitig, weaving, designing, dyeing -
products;
or bleaching of Khadi yarn or Khadi cloth, printing an Snishing of Khadi
Pll ’ , . ™
/ . or an officer authorised ‘by the Government in this behalf whose -
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(n) “schedule” means the. schedule to this Acts"
. (0) “scherne’? mens a, scheme framed under section 3;
. (p) “Wages” means wages payable as prercribed in the Cost Chast;
“@) “year? means the financial year. ) sO \
3. Khadi Workers? Walfere Fund Scheme. —(1) The Government andy, by
Workers’ Welfare Fund Scheme” fox the establishment of a Fund under this +
Act for the welfare of the Khadi workers inthe khadi industry and
. there shall be established ag soon as may ibe after the framing of the schenie,
a Fund in accordance with the provisions of this Act and the scheme.
(2) There shall be credited to. "the Fund,— >
(a) the ‘contributions specified under section 4;
(by the afaount borrowed, by the Board undér section 1 0; 4,
(ce): damages realised, under section AZ; A, eo
(a) grant or loans or advances‘made by the Government of India. or
the State Government or any institution; ‘ .
{e)« any donations from. whatever source; - 7
(f) any amount raised by the Board from other ‘sources to augment
the. resource of the Board; . . , ok : 5
+. (g) fee. levied under the scheme; ok
7 (h). ‘any amount; which under the, provisions of the scheme, shall be ©
credited: to the Fund: re : - oe,
(3) She Fund. shall vest in and be administered by the Board. cons-
tituted under section 6. .
©
“* (4) The. Bund may be utilised for all or any of the following*pur-
poses, namely :-—~ . o .
to infirmity or has completed the age of tixty years}. - :
- . -
{b) forfpayment of family pension and Provident fund;
(c) to provide for matemiity benefits io wonien khadiworkers;
%
-notification in the Gazette, fratne a-scheine to be called. “The. Kerala Khadi -
(a) for ‘payment of pension to a member who is unable to work fue
sh - ; ‘ os
. _: fo 4 . | - & . . . .
.{d) to. provide for the khadi workers and members of ; their famnilies:. .
-. + fi) miedical facilities; * - - SO
~ @) nureeries and creches: Le a oy Pg
(iii) educational benefits;”
{e). for “meeting ‘the funeral expenses of the khadi workers and
members of ‘their families; _ Lo ot
~ (fF) for any other purpose specified in the scheme. -
- fy te . . ,
(8) ‘Subject’ to the provisions of this Act, the ‘scheme framed under sub-section (1) may. providé for all or any of the matters specified in
_ sub-section (4) and in.the schedule-: ”, eo . aos é
(6) The scheme. “shall, ‘be laid, ‘ds sdonas ‘may: be after it is framed,
. before the, Legislative Assembly while it is in -session for.a total period of
fourteen days which may be, comprised in one session of in. two Successive
sessions, and if, before the expiry of the session in“ which jt-is so laid.or the
. Session immediately following the Legislative Assembly’ makes any modifi-
cation in the stheme, the scheme shall thereafter have effect’ only in. such :
modified form; so ‘however thas, any suck modification shail be without °' “. prejudice to the yalicity of amything previously done under the scheme. .
4.° Contribution to the Fund.—(1). Every khadi worker shall contribute _ -to the find. évery year in the manner provided in the schenie eight ‘per ‘cent.
of the. total wages reeeived by himin a' year im-accordance with the’ terrhs
of thé Cost Chart. , wots . an ve
. + (2): Every Khadi institution shall éontribute td the ¥und ‘every "yebr! " an amount equal to the amount contributed by the Khadi workers: employed
, through that institution. 7 , . eo,
(3) Governnient shall contribute to-the Fund an amount equal to the : amount contributed by the khadi worker under sub-section (1).
.(4)’ The contribution shalt be’ paid tothe Chief Executive Officer or other officers authorised by: him in this behalfir. the manner provided - ._ in the scheme. : re Me ye, .
' , (5) Where the amount of“ contribution- payable under this Act. ‘involves. a fraction of 4 rupee; the. scheme may, provide for the rounding of
such fraction to the nearest rupee: . - me
+ . a a nn ‘3. Modification of the scheme.—(1) The Government may, by notification athe Gazette, add tc, amend or vary the scheme framed tinder ‘this Act pither prospectively of retrospectively. . ‘ Ka
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may be, after it js issued, before the Legislative Assembly while it is im session for a, total period. of fourtéen, days whick may be comprised in one session ‘or in two siccessive sessions, and if, before the expiry of the session in which it is $0 laid or the session immediately following, the Legislative Asembly agrees” in making any modification inthe notification or decides. that the notification Should not be issued, the notification shall, thereafter have effect: Gnly im such - ” modified form or be of'no effect, as the case: inay bes,s0 however that ani such modification or annulment shall be without. prejudice-to the! validity of any" thing. previously doné under that notification. ~ : ) a
6. Constitution. of Boierd:-—~{1) ‘The Governtient may, by notification in.
the Gazette, constitute with effect fiom such,date as may be specified therein a ‘Board to be called.“the Kerala Khadi'Workets’ Welfare Fund: Board” for the.
administration of the Fund and'to supervise.or carry. out the activities financed ‘from the, Fund, eee, Pa
perpetual succession. and 4.common seal and, shall by the said name.sue and Be sued,. Sa . oe Eds. | . tay . qd
Government as hereinafter, ‘provided— —__
(2) ” Every notifiéation ander sub-section’ (1) shall be laid as soon ad.
, 2) ‘TheBodrd ghall'be a’body corporate by the jname-aforesaid, having: ©
" (3): "Fhe Board “shall consist .of eleven’ Directors: nominated. by
‘
bey a ef coe, Gy Vice-Chairman, Kerala Khadi and: Village Industies Board, |
*. exofficios ~. *
ii) Secretary, . Kerala Khadi and + Village Industries\Hoard,
(ii) One pérson fepresenting -Khadi and Village Industries
* Gormimission; ” a se ys
" Gy) One person, representing Khadi Institutions;
‘ (v) -Four persoris representing thé. Khadi workers; :
(vi) Three Officers of Government, representing the Industries \ epartment, the Finance Department and the Labour Depart- ‘ment. ” o,f RO gee
Government to be its. Chairman.
Lacs
(4) - One of:the Directors of the Board”shail be appointed “by the ° 4 , an \ fs os yoy oF
(3) “The Governnient shall’ publish in the Gazette the names of the, Chairman. and:-Directory of the. Board.. :
*
(6) The Board shall administer the Fund vested in it in such manner _ as may be-specified.in the scheme, ° - a Lo?
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. 7) ‘The Board may, with the previous approval. of the Government
delegate to. the Chairman or to any Director of the Board or to the Chief Exe-
gutive Officer. ‘suck: of its powers~and functions urider this Act “or the
scheme a8 it inay ‘consider necessary for the. efficient administration of the
Fund, subject io such restrictions and conditions, if any, as it may specify.
: : : 3
7. Term of office of the Directors.--(1) _ Non-ollicial Directors appointed
under sub-section (3) of section 6 shall hold office for a period of three years.
. (2) Notwithstanding anything contained in section 8, the Government
may, atany timé, for reasons to be recorded in writing, remove from Office
. any Director of the Board after giving him a reasonable opportunity of showing .
cause against. the proposed rémoval: ot :
Provided that it shall not be necessary to record ‘in’writing, the reason
for removal or to give an, opportunity of showing cause against the,proposed
removal, if the Government are ofthe opinion. that sit is not expedient,. in
the public interest, fo.record the reasons in writing or to give such opportunity.
(3): Any Director nay resign his: membership by giving notice in -
writing to the Government, but shall continue in office until his resignation
is-accepted by the Government. : Lt .
8, Removal. of non-official Directors—(1) The Government, ‘may by
notification in the Gazette, remove any jon-official Director of the Board
from office, “- . - ~ oo
_ fa), ifhe has, without the permission of the Board, been. absent from
the meetings of the Board for three consecutive meetings:
*
Provided, however, that such absence. may be. condoned by the}Board
béfore the publication of the uotification in the Gazette; r
; (b) ‘ifin the opinion of the Government, he is unsuitable or has become
‘ incapable of acting. as a Director ot has so abused his. position as a Director.
as to retider his continuance.as such Director detrimental to the public interest:
-Pravided that before removing a Director under this sub-section, he
shall be given a-reasonable opportunity:to show cause why he should not be
removed. : . oO
(2) A indo ficial Director of the Board removed under clause. (a)
of sub-section (1), shall be disqualified for re-appointmént as a Director of ,
the Board for a period of three years from the date of his removal; unless *-
othetwisé ordered by the Government. _-
(3) A non-official Director of the Board removed under clause (b)
of sub-section (1) shall riot‘be eligible for reappointment until he is declared
by.an order of the Government to be no longer ineligible. '
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9, Appointment of Officers. and Siof-1) “The Governmeat may, appoint,
the Secretary; Kerala Khadi, and Village Industries ‘Board ‘as Chief Executive
Ofiéer ofthe Board and such number of other officers and staff as the Govern
>
ment consider necessary to assist.the Board in the discharge of. its “functions * . ~
and duties under this Act, ss . . “
. ~ 42). Subject to’ the provisions of sub-section’ (3), the method’ of ~
dppointinent, salary, and allowances, discipline and other’ conditions of service -* -
of the officers and staff appointed under sub-section (I) shall he ‘uch as-may,
be prescribed. - " . ann F : We . . ’
‘o (3) -In the-case of -‘posts in the, service under the. Board to which - me
appointment is made by..direct recruitment, ‘thé Govérninent* shall mutatis
“mutandis observe thé provisions of clauses (2), (6) and, (c}of rule 14 and the
rovisions of rales. 15,16, 17 and 17A of.the Kerala State and. Subordinate
rvice- Rules, 1958 as amended frova, time: to: tinie. ~ an »
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with the ‘previous-approval’ ofthe. Goverhpient’ and, subject to such, terms:
-" and conditions as maybe specified by thé Government, borrow snoney for . . - ' ii Tod
the purposes of the schemic. - eas . Con fe etsy
Lb. Détermination of aniount dué—(1) “The Chief Bxcoutive’Officer’er an. .
officer not ‘below-thie rank of an Assistant. Labour Officer authorised by the
‘Board in this ‘belalf may, 'dfter making such enquiry as may be necessary
sand after giving ‘every person liable to pay contribution under section -4, “ :
‘an, opportunity tobe heard, by order determine-the contribution ,due under -
‘the. provigions ofthisAct, =~. 1° * ee cho
(2) . ‘The. officer conducting: the enquiry ‘under dub-section (1) ‘shall, . iS ] 1
for the purposes of such enquiry, have-the same, powers as are vested ina Givil
Court while trying.a. suit under the Code.pf Civil Procedure, 1908: (Central,
4 7 le tae ont : x
4 . {e) -Peveiving evidente on affidavits; .-"~»
o rt we FL og 2h”
Act 5 6f,1908) in respect ‘of the. following. matters, namely: oo
7 * (a) _enforcing-.the attendatice of arly, person or” ékariining' him
‘Lon ‘oath; a oe, 5
te he Rs fe ae! .
tb)’. vequiring’ the discovery and production ‘of dooumerits;...” .-
“(d)... issuing: ‘commissions for the examination .of witnesses. ~
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‘ea 3). “Any' ediquiry under this.section shall be deemed, to be a judicial «.
. proceeding: within the meaning of séctions 193-and 228 of the Indian. Penal
ae (Central Act 45 of 1860} and for the -purpos¢ ‘of settion 196 of the said -
ode... « ‘ ran ‘ tes sO , .
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“10. "Power of thé ‘Board. io borrow;—The" Board, may, from’ timé to. time, .. ,
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. + (4) Any person. aggrieved by an order under: stib-section (1) may, within thirty days from the date of.receipt of the order prefex an appeal ‘to
‘the Labour Commissioner’or an officer not below the rank of District’ Labour’
Officer authorised by him in this behalf,and the Labour Commissioner or. :
orders thetgon. as he. thinks fit, .
(5). The Government inay, either so, motu or on application of the
the officer authorised by him may, after making such enquiry, pass ‘such .
‘aggrieved person, call for the records of any proceedings taken by the Labour “ Commissionér: ‘or the officer authorised by him under sub-section (4) and make such enquiry and. pass such; orders,.as, they deem ‘fit:
Provided that an application for. revision under this sub-section shall
be made within sixty days from the date on which ‘the order was commu-.
nicated to: the, applicant: po _ ,
Provided further that no order shall be passed under this. sub-section
> be heard.’
"o 12..+ Mode of recovery of money due from Khadi Institutions, —Any amount’
‘without giving the person who may be affected thereby an’-opportunity te «
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due from the. Khadi Institutions” in pursuance of the /provisioris of ‘this Act
or thé scheme may, if the amount is in arrearsy be, recoveréd in the same
manner as an arrear of public revenu¢g due on land. a . ‘
a. 13. Priority to payment of contribution over other debis-—Where any Khadi |
Institution liable to pay contributior to the Fund‘inder section 4i8 adjudicated ‘
‘as insolvent, the:contribution due t6 the Fund.shall be,deemied io-be iicluded’
- among the debts of the insolvent institution and be: paid. in priority. to all
‘Other debts in the distribution of property or assets of such_institution.
Wd. Khai Institution not. io reduce, wagés etc.—No: Khadi Institution ‘shall
.., by ¥eason! only: of its liability for the-paymem of ‘any céntribution to the «
. Forid, reduce whether directly or indirectly. the wages of any Khadi worker
to whom the scheme applies or the total quantum of benefits. to which the -
Khadi worker is entitled underthe terms of his employment express or implied. ae . . a D #
_ $15... ‘Directors of Board etv., 10 be public servants.—Every Director of the
Board, the Chief Executive Officer and other officers and members of the
" staff of the Board. appointed under sub-section. -(1) of section 9 shall ‘be
deenied to be public sérvanis within the meaning of section 21 of the Indian
Penal Code-(Central Act 45 of 1860)... ¢
16. Peneltye—(1) Whoever, for thé purpose of avoiding any payment to
be made by himself under this Act or under the scheme or of enabling any
other person to ayoid such payment knowingly makes or causes to be rade.
* any false statement. or false. representation, shall be punishable with impri-
sonment for a term, which may extend. to thrée months, or with fine which
imay extend to Gve hundred rupees, or with both’ Los
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(2) _ Whoever, coftravenes or makes default in complying with any
of the provisions of this Act or.of the scheme shall, if no other penalty is else-
where provided by or under this Act-for such contravention or non-coni- ©
pliance be punishable with imprisonment for a term which may extend to
two months or with fine Which may extend to four hundred rupeés, or r with ©
both. a
(3) No. court inferior to that of a Judicial Magistrate of the First
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Class shall try ‘any offence punighable. under" this Act.
(4) No court: shall take cognisance:. of any offence: punishable under .
this Act except on a report in writing of the facts constituting such offence
made with, previous. sanction ‘of thé Chief Executive ‘Officer.
~ : ‘ “ ‘
17; Power 40 recover damiages:—Where any’ person makes default in the
Jpayment of any-contributior to: the Fund under this. Act or’ the scheme, the
Board may recover from him daimages..“not exceeding twenty per cent
of the amount of arrear, as it. may think fit to inipose.
18. Protection for acts done in n good foith.—No suit or other legal proceeding
shall lie against any Director of the Board.or any: other person ‘in respect of
anything which is mm good faith done or intended to be dene under this: Act
or under the scheme. 4
19.. Directions by. Goverament,—(1) The Government may. after.” ‘con-
.:
suliation with-the Boatd, give to the Board general directions to be followed -
by the Board, | a. Ce
(2) In, the exercise of the powers and performance of its duties under
this Act, the Board shall not-depart from any gencral directions issued under”
sub-section (,. except with the previous permission: of the Government.
20. Power to «order inquiry.—-(1) The Government may at atiy. time,
appoint any petson to inquire. inta the working of’ the Board and to submit’
a report to the Govérnment. , i
(2)° The Board ‘shall give the perion so, 5 appointed, all! facilities fox
the proper conduct of the 4 inquiry and furnish to htim:such documents, account
And information .in. the possegsson of the Board. as he may requires.
: ‘ :
21, Power to supersede Board-—(1) If on considevation of the” repor:
under .séction 93.’or ‘after consideration of ‘the. enquiry repori
under section 20 the Govérnment are of opinion’ that the Board
has persistently made default in the:performance of the duties imposed .on it
by or under the provisions of this Act or the scheme or has exceeded or
abused its powers, the Government may, by notification in the’ Gazeite,
supersede-the Board for suck period not f exceeding six stonths § as may be .
Specified in the _Rotification:
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. sioner,o¥ ‘the, Chief Executive Officer érany Officer authorised. bythe Board" s
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Provided. that befote. issuing. a notification, under this’ sitb-dection, ‘th ,
Goqvérnmeénit shall give reasonable opportunity: to the Boardto show cause os.
why ,it should, not be superseded and shall. consider the¢explanationy and =. *
objections, if any, of the Board.2 = Be a - wo
(2)* Wpon the publication of anotification under sub-section (1) = + : . ' 3 ' ae itu, = &
‘
- publication, vacate ‘their offices: as: such Directors; . °° * a
aa so * : ‘ w-P e me gt
(a) all the Dikectors ‘of the Board ‘shall, a8 from. the date, of auch” on
‘) ~ all the powers and duties which may be exercised or péFformed ”
* “by the Board shall, during the period of supersession. be ‘exerciged Or pers °° *
*forméd by such officer or officers: ‘as/tmay be’ specified in the -notifications
+ A3y On the éxpixation of the period of suupersession, specified in the ee
notification issued under. sub-section “),, the Govérninent shail’ constitute: —
. the Board in’ the, manner providedin‘section 6. 01. Dg
2) 22. Auilit: of. saceouals | of “the “Board and’ appoininient. .0f ~ atditors—~ +
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- 93. Annual report and audited statentent of accourts-—(1)' The.annual report
of the Board, shall be: prepared. undér the direction. of the Board. and after
‘approval ‘by the Board, acopy of the report-tdgether with audited statement,
ofaccounts shall besubmitted to Government before the end of July every year. -
> . (2) “The Government shall-as soon. as the Annual-iépbrt is received, ~
Cause the same together’ with the audited statement of accounts to. be: laid --
on ‘the table of the, Legislative Assembly. oy ta Te ‘ ” . - a oe
** 98." Bar of Jurisdiction. of Gibil Courts.-No* Civil Court shall: Have juris - *,
" diction to settle, decide or deal with any question or to*determine any’ matter
. je(c) ‘all funds and they properties. vested in the Boardishall, dating. * .
_ thé period’ of supersession;~ vest im the Governments... ee
: (1)°. "The Board shall. appcint- auditors ‘to audit the “accounts of the = ['s
_ “Beard. BE ee A
A p \ . ba at a. ~ , 7 “ee <4 .
: - (2) ‘The accounts of’the Board shall be éxamined and. audited. once’ .*-
©, in. every year ‘by: such auditors. va ay ty . 7
2
‘which is'by or under this Act Jor the schenie required to’ be settled decided ~~ s-
_ ‘orgdealt with or to be determined bythe Government or the Board or-the +
” “Labotr Commissioner or any ‘officer authorised by- the Labour ‘Commis. - |.
25. Special provisions for transfer -of accumulation fron Welfare Funds estax “eS
<- Blishéd .69 any’ Act, ar: agreement-—Notwithstanding anything contained in any” .°
other law. for the time being in force on the. date of coring into force ‘of this
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Act the suin staiding. ste, ‘the scepalit of “a “emtBes? rin ‘any Weltare Fuad. an
: > .p established: cither ‘by any” *faw' or apreemént shall stand tianslerred ,to and < *
. “ credited to the Fund established, irider this Act ‘and. the: liability ofsuch-mem-
5 et to" pay contribution td such | welfare funds shall cease from sich’ date.
. ins ' : e ae an
we 26. - Powiet if inake: idles (1) “The Governnient: may; ‘by. notifigation in *
7 the Gazette, make rules either prospectively or “getrospectively : for, the Puxpose ot
= a carsying “into, ssfleet ‘the : ‘provisions ‘of thisAct | 7+ We se
B « re eae ~ 7A
pea @), “fivery: “yl: sriade “4 mider “this” Act shall, “Bex aid. as™ soon. ‘as,
“ may: ‘be after it is‘made, beforé the Legislative ‘Asserhbly” while, te is. i session. +
-, ‘fer a*total -period of fourteen: days ‘which may be! comprised ‘in one. session.
Or? in. twé ‘siaccessiv6, sessions; and, if before: the ‘expity of the session in Avhich *
‘ Le jt is's6 laid-or the séssion, immediately, ‘follosvivigy. the: Legislative ‘Assenibly: .
, takes" any ,nodifieation ; in" hie, fule or-decides that the rule should not'be ~_ +,
™ made, the rule ghalk ‘thereafter’ ‘haves effect only-in, such’ modified. form or hes. a
” of no. effect; ag: the case-niey’ be; so } hawever, ‘that: any suck modification’ or .
“.* ‘ahinulment-shall. be without prejudice to. £ e validity oe aoyghing previously “os
. done’ undek: that File. ous abet en, 5
. oy woof. Mee
ot “27. * Repeal. me “Keri haat ‘onion, “Welfare Puna Ondine Co
"1988. (19 gf 1988), 8 "hereby welt, Be ee
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ss SCHEDULE Co
* [See seotion 3(2 yl . oT * a
. Matters. for which provision may be made in . the scheme’ 4 vO
‘
SOL “Rogisration of Khadi workers; so or .
2. “The time and manner in. which contiibution stiall be made to the.
Fund. by Khadi workers, and the Khadi institutions. under section 4 and the
amanner in which. contribution thay ‘be recovered; ' *
3. The tanner: in which thé contribution of -the Khadi workers from
different sectors may be recovered by the Khadi Institutions:
4, The constitution of any Committee for assisting the Board;
5. ‘The ‘manner in ‘which accourits’ shall be Kept, the investnent of
‘ moneys belonging io. the, Fund in, accordance with any directions. issued or
‘conditions. specified by thé Government, the preparation, of the budget,
‘audit of accounts and the submission of reports to the Goverament;
. 6. The conditions under! which withdrawal from the "Fund may be ©
-“permifted and any deduction or forféiture may be-made and ‘the maximum os
amount of ‘sich deduction or forfeiture; .
7. ‘The form in which a member shall furnish par ticulars about himself
and his family whenever required:
8. The nomination of a person to receive. any family pension of a
member, on his: death and the cancellation or variation of such ornination;
9. The registérs and records to be maintained with respect to. Khadi
workers and “the returns to be furnished by: the institution; 5
10. The form or design: of: any ‘identity card, tokerl or disc for the purpose
ment thereof;
. of identifying any member. of the Fund and. for i issue, custody and. replace-
aY
1b. The fees to be levied for any of the purposes ‘specified in the schedule; .
{2.. The further powers, if any, whicli may be exercised by the
officers ‘appointed under. the , Act; : >
13. The manner in which the sums transferred under section 25 to
_ be brought and credited to the Fund;
«l4. The purposes for which the ‘Fund may he utilised for the welfare *.
of Khadi workers:
&
_
&
Ey
18
t 5 / hte
*, 15, The procedure for defiaying thé expenditure incyrred in the
administration of the: ‘und; * t
ao ‘
16. ‘The “procedure for paying pension, family pension, grants ‘or
‘advances from the Fund; a - ‘« s r
17. Establishment of Provident.-Fund Scheme for Khadi Workers; '
18. Any other niatier which is to, be provided for'in the scheme or which may be necessary or proper for the: purpose of implementing the scheme.
‘ .
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