LexThe Kerala Cashew Workers' Relief& Welfare Fund Act.1979
Kerala · state statute
Open in Lexace · Ask the AI about this actu_I GOVERNMENT OF KERALA 19 OF 1984 THE KERALA CASHEW WORKERS' RELIEF & WELFARE FUND ACT. 1979 I & a THE KERALA CASHEW WORKERS' RELIEF & WELFARE FUND SCHEME, 1988 -1. I ) Government of Kerala 1934 Reg. No. KLTV(N) 12 KERALA GAZETTE EXTRAORDINARY PUBLISHED BY RUTHOPITY - 22nd August 1984 Vol. XXJX] Trivaudrum, Wednesday, [No. 742 31st Sravana 1906 GOVERNMENT OF KtRALA Law (Legislation—C) Department NOTIFICAT ION No. 13919/Leg. C3/84/Law Dated, Trivandrum, 22ndAugust, 1984/ 3/st Sravana, 1905 The following Act of the Kerala State Legislature is hereby published for general information. The Bill as passed by theLegislative Assembly received the assent of the President on the 30th day of July, 1984. By order of the Governor, P. P. MATHAI, Special Secretary (Law) 33/3572/MC I a 1 ) ACT 19 OF 1984 THE KERALk CASHEW WORKERS RELIEF AND WELFARE FUND ACT, 1979 An Act to provide for the constitution of a fund to grant relief to, and to promote the welfare of, employees in cashew factories in the State of Kerala. Preamble.—WHEREAS it is expedient to provide for the constitution of a fund to grant relief to, and to promote the welfare of, employees in cashew factories in the State of Kerala; BE it enacted in the Thirtieth Year of the Republic of India as follows:- 7 1. Short title, extent, commencement and application. (1) This Act may be called the Kerala Cashew Workers Relief and Welfare Fund Act, 1979. It extends to the whole of the State of Kerala. It shall come into force on such date as the Government may, by notification in the Gazette, appoint. I - It shall apply to all cashew factories regist'ered and licensed in the State of Kerala under the Factories Act, 1948 (Central Act 63 of 1948. 2. Definitions:— In this Act, unless the context otherwise requires: "Board" means the Kerala Cashew Workers Relief and Welfare Fund Board constituted under section 7. "contribution" means the contribution payable by an employer or employee or the Govt. under the scheme. * "cashew factory' means a factory wherein processing of cashewnuts is being carried on and which is registered and licensed under the Factories Act, 1948 (Central Act 63 of 1948). "employer" means any- person who employs, whether directly or through another person or whether on behalf of himself or any other person, one or more employee or employees and includes any person who has a licence for the construction of extension of a cashew factory under the Factories Act, 1948 (Central Act 63 of 1948) and the rules made thereunder. "employee" means any person who is employed in any cashew factory for wages for processing cashewnuts and who gets his wages directly or indirectly from the employer and includes. '(i) any person employed by or through a contractor cr - I through an agent in or in connection with the processing at cashewnuts ; and (ii) clerical and other staff employed in connection with the processing of cashewnuts: *lnse r ted as per Kerala Cashew Worker's Relief and Welfare - Fund (Amendment) Act, 1987 as per Now. No. 18803/Leg, C3/87/ Law Dt. 28-1-88 Published in Kerala Gazette (E. 0.) No. 68 dt. 28-1-88. 0' 3 "Fund" means the Kerala Cashew Workers Relief and Welfare Fund established under the scheme; "member' means any employee who contributes to the Fund. 'Processing", with reference to cashewnuts, means loading, unloading, transporting, stacking, unstacking, soaking roasting shelling, frying, peeling, grading, tilling, packing or otherwise treating l ror adapting cashewnuts, with a view to their use delivery, sale '. or ather disposal, and includes work connected with the maintenance Of processed cashewnuts. - (i) "scheme ' means the scheme framed under this Act. (j) "State" means the State of Kerala; "wages" means all remuneration paid or payable to an employee for work done on services rendered by him and includes leave and holiday wages paid or payable to him under any law or agreement for the time being in force, but does not include overtime aRowance, bonus and commission 3. Kerala Cashew Workers Relief and Welfare Fund:- (1) The Gover- nment may, by notification in the Gazette, frame a 'scheme to be cafled the Kerala Cashew Workers Relief and Welfare Fund Scheme for the establishment of a Fund under this act and there shall be established, as soon as may be after the framing of the scheme, a Fund, to be called the Kerala Cashew Workers Relief and Welfare Fund, in accordance with the provisions of this Act and the Scheme. (2) There shall be credited to the Fund- (a) the contribution to be paid by the Govt., employers and employees under section 5; (b)any voluntary donations; (cl grants or advances made by the Central Government or the Government of Kerala or any local authority; and (d) any other amount which, under the provisions of the scheme shall be credited to the Fund. F (3) The Fund shall vest in, and be administered by, the Board. (4) Subject to the provisions of this Act, the scheme may provide ,for all or any of the matters specified in the Schedule. - (5) The scheme shall be taUt as soon as may be, after it is jframed before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of * Substituted as per (Amendment)Act, 1987, as per Noin. No. 18803/ - Leg. C3187/1-aw Dt. 28-1-88 published in K. G. (E. 0) No. 68 dt. 28-1-88. 4 4 the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the scheme, the scheme shall thereafter have effect only in such modified form; so however that any such modification shall be without prejudice to the validity of anything previously done under the scheme 4. Purposes for which Fund may be expended.— Subject to the provisions of this Act and the scheme, the Fund shall be expendecf for the following purposes, namly:- (a) payment of relief wages to employees in cashew factorie when there is no work in those factories; and *(aa) payment of pension:- to an employee who is unable to work due to old age or infirmity or who has completed the age of sixty years; and (iA) * "to an employee of a cashew factory retired before or after the commencement of this Act on attaining the age of superan- nuation as per the rules of the concerned cashew factory and is out of employment; and" to a person who; before the commencement of this Act was an employee and completed the age of sixty years or who sufffers from permanent disablement and is out of employment; and 2 * (aaa) payment of,- family pension to the spouse of a deceased employee; (ii) financial assistance to an employee who suffers from permanent or temporary disablement; loans or grants to an employee to meet expenses for the marriage of children or for expenses in connection with the death of dependent or for expenses for construction or maintenance of house; for providing,- maternity benefits to women employees and members of their families who are not eligible for such benefits under any other law for the time being in force; medical facilities to thoss employees and members of theii families who are not eligible for such benefits under any other raw for the time being in force. facilities for education to the employees and members'of their families; and * (iA) Added as per (Amendment) Act 1990 (Notn. No. 331/Leg: C2/90/ Law dated 2-3-90 Published in K. G. (E. 0.) No. 202 dt. 2-390. 5 Explanation. - For the purpose of the above clause (aaa) family means and includes the following relatives of the employee, namely:- wife in case of male employee; husband in case of female employee; - (c) minor sons; minor daughters; father and mother who are solely dependent upon the employee. (b) payment of such other amount as may be specified in the scheme, 5 Contribution and matters which may be provided for in the scheme:- ( 1) The contribution which shall be paid by an employer to the Fund shall be at the rate of one rupee for each employee for each day of work done by him in the cashew factory. The contribution which shall be paid by an employee shall be at the rate of "fifty paise" for every day of work done by him in the cashew factory. * 3 "(2A) The amount of contribution due for the period prior to the date of publication of the Kerala Cashew Workers Relief & Welfare Fund (Amendment) Act 1990 shall be deemed to be in arrears and shall be paid to the Fund in such instalments and in such manner as may be- specified by the Cove'. The emyloyees' contribution -shall be deducted by the employer from the wages payable and remitted to the Fund along with the employers share before the date specified in section 9. * 4 "(3A) The Govt. shall contribute to the Fund every year by way of grant on a matching basis an amount equal tn twice the amount of contribution paid by employees under Sub Section (2). Where the amount of contribution payable under this Act involves a fraction of a rupee, the scheme may provide for 'rounding off of the fraction to the nearest rupee, half-a-rupee or quarter of a rupee. 6 Modification of scheme:— (1) The Government may, by nbtification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively. - (2) Every notification under sub-section (1) shall be laid as soon as may be, after it is issued, before the Legislative Assembly -* 1, 2. 3 & 4 Inserted, substituted and added as per (Amendment) tct, 1987 as per Notn No. 18803/Led. C3/87Law dt. 28-1-88 Published in K. C. (E 0) No. 68 dt. 28-1-88. a while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modifica- tion in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice- to the validity of anything previously done under that notification. 7 Constitution of Board:-. (1) The Government may, by notification in the Gazette, constitute, with effect from such date as may be specified therein, a Board to be called the Kerale Cashew Workers Relief and Welfare Fund Board for the administration of the Fund and to supervise or carry out the activities financed from the Fund The Board shall be a body corporate by the name afore- said having perpetual succession and a common seal and shall by the said name sue and the sued. The Board shall consist of such number of Directors as may be appointed by the Government and they shall be chosen in such manner' as may be provided for in the scheme; Provided that the Board shall include an equal number of Directors representing the Government, the employers and the employees. One of the Directors of the Board shall be appointed by the Government as its Chairman. The Chairman shall exercise such powers and perform such functions as may be specified in the scheme. 1 * (6) Omitted The Government shall publish in the Gazette the names of the Chairman, 2 * and the other Directors of the Board. The Board shall administer the Fund vested in it in such manner as may be specified in the scheme. 8 Appointment of officers:- (1) The Government may appoint a Chief Executive Officer and as many Inspectors as they cosider nec ssary to assist the Chief Executive Officer in the exercise of hi powers and the discharge of his duties. (2) The Board may, with the previous approval of the Gover- nment appoint such officers and other employees as it may considir necessary for assisting it in the administration of the Fund. * I & 2 Omitted as per (Amendrnent)Act, 1987, as per NoIn No. 18803/ - Leg. C3/87/Law Dt. 28-1-88 published in K. G. (E. 0) No. 68 dt. 28-1-88. lb S (3) The method of recruitment, salary and allowances, disci- pline and other conditions of service of the Chief Executive Officer and the Inspectors shall be such as may be specified by the Gover- nment, and the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and other - employees appointed by the Board shall be such as may be specified by the Board with the previous approval of the Government. - (4) In making appointments to the posts of officers and other employees to be appointed by the Board, the provisions of -clauses (a), fbi and (c) of rule 14 and the provisions of rules 15, 16 and 17 of the Kerala State and Subordinate Servipes Rules, 1958, as amended from time to time, shall mutatis mutandis, be observed. 9 Duty of employer to file return:- Every employer shall, before the 10th of every month, tile a return showing the details of contributions paid into the fund, in such manner as may be specified in the scheme.. 10 Determination of amounts due from employers:- (1) The Chief Executive Officer or any Inspector authorised by him in this behalf may, by order, determine the amounts due from any employer under the provisions of this Act or of the scheme and for this purpose may conduct such enquiry as he may deem necessary. (2) The officer conducting the enquiry under sub-section (1) shall for the purposes of such enquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 6 of 1908), when trying a suit, in respect of the following matters, namely. enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavit; issuing commissions for the examination of witness. (3) Any enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, 1860 Central Act 45 of 1860). - (4) No order determining the amount due from any employer shall be made under sub-section (1) unless the employer has been - gven a reasonable opportunity of being heard. (5) Any person aggrieved by an order under sub-section (1) may prefer an appeal to the Government or such other authority - as may be specified by the Government in this behalf, within sixty days from the date of the receipt of the order, and the decision of the Government or such other authority on such appeal shall be final. 11 Provisional assessment where return is not filed:- If any employer fails to submit the return as required by section 9, the Chief Executive Officer or the Inspector authorised by him in this behalf may provi- sionally determine the amount due from that employer 10 the Fund. - Provided that no provisional assessment shall be made final till the party is given an opportunity of being heard. 12 Mode of recovery of money due from employers:. Any amount due - from an employer in pursuance of the provisions of this Act or the scheme may, if the amount is in arrears be recovered in the same manner as an arrear of land revenue. 13 Penalties:- (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or under the scheme or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false represen- tation, shall be punishable whith imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever contravenes or makes default in complying with any of the provisions of this Act or of the scheme shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 14 Enchanced punishment for default in payment of employee's contributions already deducted:- (1) Whoever makes default in the payment of the employees' share of the contribution to the Fund after having deducted it from the wages of the employees in accordance with the provisions of this Act or the scheme, shall be punishable with imprisonment for a term which may extend to one year, but which shall not be less than three months. and with fine which may extend to four thousand rupees. (2) Notwithstanding anything contaked in the code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence under sub-section (1) shall be cognizable. 15 Enhanced punishment for second or .ubsequent offence:- Whoever having been convicted by a court of an offence punishable under this Act, commits the same offence again, shall be punishable for every such subsequent offence with imprisonment for a term whick may extend to one year, but which shall not be less than three months and with fine which may extend to four thousand rupees. 16 Offences by companies:- Where an offence under this Act hasTT been cmmitted by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the - company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. ) Provided that nothing contained in this sUb-section shall render any such person p liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. p (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed with the consent or connivance of, or is attributble to any neglect on the part of, any. Director, Manager, - Secretary or other officer o(the company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section, - "company' means any body corporate and includes a firm or other association of individuals, and "director", in relation to a firm means a partner in the firm 17 Cognisance of offences:- 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 the previous sanction of the Govern- ment or such other authority as may be specified in this behalf by the Government, by the Chief Executive Officer or any Inspector appointed under this Act 18 Powerto order inquiry: -( 1) The Government may, at anytime, appoint any person to inquire into the working of the Board and to submit a report to the Government. (2) The Board shall give the person so appointed all facilities for the proper conduct of the inquiry and furnish to him such documents, accounts or information in the possession of the Board as he may require. 19, Powerto supersede the Board:- 1) If, on consideration of the report under * section 18 or otherwise, the Government are of opinion that the Board has ) persistently made default in the performance of the duties imposed on it ( by or under the povisions of this Act or the scheme or has exceeded or.. - 1ecified %used its powers, the Government may by notification i the Gazette, supersede the Board for such period not exceeding six months as may be sp in the notification: Provided that, before issuing a notification under this sub-section, the Govern- ment shall give a reasonable opportunityto the Board to show causewby it should not besuoerseded and shall considerthe explanations and obiections. if any, of theBoard. 10 (2) Upon the publication of a notification under sub-section (1)— all the Directors of the Board shall, as from the date of such publication, vacate their offices as such Directors; all the powers and duties which may be exercised or performed by the Board shall, during the period of supersession, be exercised or performed by such. • officer or officers as may be specified in the notification; * (c)all funds and other properties vested in the Board shall, dth'ing the period of- • supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1) the Government shall reconstitute the Board in the manner provided in section 7 20 Power to recover damages :- Where an employer makes default in the payment of any contribution due to the Fund under this Act, the Govern- ment may recover from the employer damages not exceeding twenty-five per cent of the amount of arrears as they may think fit to impose. - 21 Bar of benefits under Industrial Disputes Act, 1947:- Any employee who is paid relief wages under this Act shall not be entitled to claim the compensation, if any, payable under Chapter VA of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), for the days on which such relief wages have been paid. 22 Barofjurisdiction of civil courts:- No civil court shall havejurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Government orthe Board or the Chief Executive Officer or any Inspector. 23 Directors of the Board etc. to be public servants :- Every Director of the Board and every officer or other employee appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Pehal Code 1860 (Central Act 45 of 1860). 24 Protection of actions faked in good faith :- No suit, prosecution or other legal proceedings shall lie against the Government or the Board or any officer or other person in respect of anything which is in good faith done or intended to be done under this Act or the scheme. 25 Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act or of the scheme, the governmentcnay by order, do anything not inconsistent with such provisions which appears to them to be necessary or expedient for the purpose of removing the difficulty It SCHEDULE (See Sub-section (4) of section 3 MATTERS OF WHICH PROVISIONS MAY BE MADE IN THE SCHEME - ~db 1 The time and manner in which contributions shall be made to the Fund by the employers. 2 The payment by the employers of sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made. 3 The constitution of any committee for assisting the Board. 4 The manner in which accounts shall be kept, the investment of money belonging to the Fund in accordance with any direction iued on condition specified by the Government, the preparation of the budget, the audit of accounts And the submission of reports to the Government. 5 The conditions under which the Fund may be expended for paymentof relief wages to the workers during the period of closure of cashew factories. 1 5A The amount and the conditions and procedures for the payment of pension, family pension, grant and advance from the fund. 2* 5-B The purposes forwhich thefund may beutilised forthewelfare of employees or their dependents'. 6 The registers and records to be maintained with respect to employees and the returns to be furnished by employers. 7 The form or design of any identity card: token or disc for the purpose of identifying and employee; and for issue, custody and replacementthereof. The fee to be levied for any of the purposes specified in this schedule. 9 The further powers, if any,wtiich may be exercised by the Chief Executive I # Officer and the Inspectors 10 Any other matter which is to be provided for in the scheme or which may be .necessary or proper for the purpose of irnplementihg the scheme * I and 2 : Inscrted as per (Ainendincnt) Act 1987 (Non. No. 18803/ Leg. (3/87/Law dt. 28.1.88 publishcd in K.G.E.O No.68 dt 28-148 a GOVERNMENT OF KERALA Labour and RehabiLitation Department NOTIF1CATI0N G. 0(P) No. 96/88/LBR. Dated, Trivandrum, 4th November, 1988 0' S.R.O.No. 1432/88 In exercise of the powers conferred by sub-section (1)01 section 3 of the Kerala Cashew Workers Relief and Welfare Fund Act, 1979 (19 of 1984) and in supersession of the existing scheme, the Government of Kerala hereby frame the following scheme for the establishniehi of a Fund for the Cashew Workers and the matters connected therewith namely THE KERALA CASHEW WORKERS RELIEF AND WELFARE FUND SCHEME 1988 .C}tAPTER I PRELIMINARY I S/son title, Commencement and Application - ( 1) This scheme may be called the Kerala Cashew Workers' Relief and Welfare Fund Scheme, 1988. It shall be come into force on such date as the Government may by notification in the Gazette, appoint. - It shall apply to all Cashew factories registered and licensed in the State of Kerala under the Factories Act, 1948 (Central Act 63 of 1948). 2 Definition -(1) In this scheme unless the contest otherwise requires,- (a) "Act"means the Kerala Cashew Workers Relief and Welfare Fund Act, 1979 (19 of. 1984); - (b) "Board means the Kerala Cashew Workers Relief and Welfare Fund Board, constituted under section 7 of the Act; Pnblished as Extra ordinary0zette No. 982 dated 4th November 1988 by the Superintendent Govt. Presses, Trivandrum "Calendar Year" means the year commencing on the I st day of January and ending with the 31 st day of December; "Cashew Factory" means a factory wherein the processing of cashewnuts is being carried on and which is registered and licensed under the Factories Act, 1948 (Central Act 63 of 1948); "Contribution" means the contribution payable by an employer or em- ployee or Government under the Scheme; (0 "Director" means a Director of the Board; - 4 (g) "Employee" means any person who is employed in any Cashew Factory for wages for processing cashewnuts and who gets his wages directly or indirectly from the employer and includes;— any person employed by or through a Contractor or through an agent or in connection with the processing of Cashewnuts; and clerical and other staff employed in connection with processing of cashewnuts. (h) "Employer" means any persoii who employs whether directly or through an other person or whether on behalf of himself or any other person one or more employee or employees and includes any person who has a licence for the construction or extension of a Cashew Factory under the Factories Act, 1948 (Central Act 63 of 1948) and the Rules made there under. (i) "Family" means;- wife in case of male employee; husband in case of female employee; minor sons; minor daughters; father and mother who are solely dependant upon the employee U) "Form" means form appended to this scheme; (k) 'Government" means a the Government of Kerala. (I) "Government Security" shall have the meaning assigned to it in the Public Debt Act, 1944 (Central Act, 18 of 1944) V "Register" means the register in which the names of the employees are registered. "Registered Worker" means an employee whose name has been entered in the register "Superannuation" means the retirement of any employee on Completing 60 years of age. "Wages" means aliremuneration paid or payable to an employee for work done or services rendered by him and includes leave and holiday wages paid or payable to him under any law or agreement for the time being in force, but does not include overtime wages, bonus and commission. (2) All other words and expressions used in this scheme but not defined shall have the meanings respectively assigned to them in the Act. CHAFFER II THE CASHEW WORKERS RELIEF AND WELFARE FUND BOARD 3. Constitution of the Board;—( 1) The Board shall consist of fifteen directors nominated by Government as hereinafter provided;— (ayt'ive official Directors nominated by the Government of whom one shall be the Chief Executive of the Board, one representative of the Labour Dc partment and the die representative of the Finance Department of the Gov / ernment. five Directors representing the employers nominated by the Government, five Directors representing employees nominated by the Government. (2) One of the Directors shall be appointed by the Government as the Chair- man of the Board. 4. Term of office;— The term of office of the Board shall be 3 Years from the date of constitution and it shall be reconstituted afterwards. Provided that the Government shall have the right to nominate any person in the place of any other person, who has ceased to be a member of the Board. Provided further that the Board duly constituted shall continue even after the expiry of 3 yeazs until a new Board is constituted. Removal of Director,— Notwithstanding anything contained in the scheme, the Government may remove from office, any Director, if in their opinion such Director has ceased to represent the interests which he purports to represent in the Board or if the Government are satisfied that a Director had acted against the implementation of the Act or the Scheme or against the due discharge of the function of the Board or of the Chairman or the office of the fund; Provided that no such Director shall be removed, unless a reasonable opportunity is given to him for making representation against the proposed action. Filling up of casual vacancies;- A Director appointed to fill a casual vacancy shall hold office for the remaining period of the term of office of the Director in whose place he is appointed. Resignation;— Any Director may resign his office by letter in writing addressed to the Government through the Chairman and his office shall fall vacant from the date on which his resignation is accepted by the Government. Provided that the Chairman shall send his resignation to Government directly. Cessation of Membership;— (1)-If, a Director or Chairman fails to attend three consecutive meetings of the Board without obtaining prior permission of the Chair- man or the Government, as the case may be, he shall subject to the provision of sub- paragraph (2) cease to be a Director. (2) A person who ceased to be a Director under sub-paragraph (I) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that, if he desires to restore his position as Director he may apply therefore within fifteen days from the date of receipt of such letter. The application for such restoration, if received-within the prescribed period shall be submitted to Government and if the Government are satisfied that the reasons for failure to attend three consecutive meetings are adequate the Directorship may be restored to him if so ordered by the Government. - Disqualcafipns;— (I) A person shall be disqualified for being appointed as or for being a Director, if he is declared to be of unsound mind by a competent court; or he is an undischarged insolvent; or he has been sentenced by a criminal court to impriionment for any offence involving moral turpitude. '(2) Ifanyquestionariseswhetheranyperson isdisqualifiedundersubpaiagrapli(l),itshall referred to Government and the decision of the Government thereon shall be final lO Meetings oft/se Board -(1) The Board shall ordinarily meet once in three months (2)The Chairman may, whenever he thinks fit and shall within fifteen days of the receipt of a requisition in writing from not less than one third of the Directors of the Board call a meeting thereof - II Notice of meeting and list of business:- Not less than fifteen days notice from the date of posting, containing the date, time and place of every meeting together with a list of business to be transacted at the meeting shall be despatched by registered post or by special messenger to each Director: Provided that when the Chairman calls a meeting for considering any matter, which in his opinion is urgent, a notice giving such reasonable time as he may consider necessary shall be deemed sufficient. 12 Chairman to preside at meetings :- The Chairman shall preside at every meeting of the Board at which he is present. If the Chairman is absent at any time the Directors present shall elect one of the Directors to preside over the meeting and the Director so elected shall exercise all powers of the chairman at the meeting. 13 Quorum:- (I) No business shall be transacted at any meeting of the Board unless at least five Directors are present, of whom at least two shall be from among those appointed under clause (c) of sub-paragraph (I) of Paragraph 3 of the scheme. 14 Absence from the_State:- If any Director leaves the State for a period of six months or more without intimation to the Chairman, he shall betemed to have resigned from the Board. 15 Time and place ofMeeting :- The meeting of the Board shall be held at the place and time specified in the notice issued under paragraph II 16 Disposal of Business :- Every question considered at the meeting cf the Board shall be decided by a majority of votes of the Directors present and voting. In the event of any equality of votes the Chairman shall have and exercise a casting 4 vote. 17 Minutes of Meeting:- (I) The minutes of a meeting of the Board showing inter alia the names of the Directors present there shall be circulated to all Directors present in the state not later than fifteen days from the date of meeting. The minutes shall thereafter be recorded in a Minutes Book, as a permanent record. (2) The records of minutes of every meeting shall be signed by the Chairman after confirmation with such modifications, if any, as may be considered necessary at the next meeting. 18. Acts of the Board not invalid by reason merely of any vacancy in or defect in the constitution etc;— No Act or proceeding of the Board shall deemed to be invalid by reasons merely of any vacancy in or any defect in the constitution of the Board. 19. Fees and Allowances;—( 1) Every non-official member of the Board of Direc- tors shall be paid a sitting fee of Rs.50 for attending a meeting of the Board. l'his fee shall not be applicable for sub committee meetings. Lfl Every non-official Director shall also be paid travelling allowance and daily allowance for attending the meeting of the Board at such rates which are admissible to Grade I Officers of the Government of Kerala. The travelling allowance of an official Director shall be governed by the rules applicable to him for journeys performed on official duties and shall be paid initially by the authority paying his salary and claimed later by the concerned Director from the Board and remitted to Government. Any Director who being a member of the State Legislative Assembly, attends a meeting of the Board, shall be entitled to such travelling allowance as are admissible under the Provisions of the Payment of Salaries and Allowances Act, 1951 (14 of 1951) Any Director, who being a member of either House of Parliametit attends a meeting of the Board shall be entitled to travelling allowance as may be admissible to the Members of Parliament. 20. Formation of Standing 'Committee;—( 1) The Board may constitute a standing committee fonsidering the following items, namely;— (a)Annual Budget. Annual administrution Report; Recruitment of Staff; and Such other matters as may be referred to the Standing Committee by the Board. (2) The Standing Committee shall consist of the following persons, namely;- Chairman of the Board. TWo Directors representing the employers; TWo Directors representing the employees; The Director representing the Finance Department of the Government; The Chief Executive of the Board. The Chairman of the Board shall be the Chairman of the Standing committee also. But if the Chairman is absent at any time, the members present shall elect one among them to preside over the meeting. No business shall be transacted at a meeting of the Standing committee unless at least 4 members of the committee are present, of whom at least one shall be from the employer members and another shall be from the employee members. & - (5) The term of the Standing Committee shall be one year from the date of consti- tution; Provided that the standing committee shall continue to function beyond one year till the next committee is constituted. The recommendation of the Standing Committee shall be placed before the Board for its decision. - The members of the committee shall be allowed travelling allowance and daily allowance at the rate and subject to the conditions specified in paragraph 19. Opening of District and Local offices;- The Board may, with the approval of Government, open such District and local offices as it may consider desirable for the purpose of implementing the scheme. It may also define the functions and duties of such offices. Powers, Duties and Functions of the Board.- (1) The Board shall be responsi- ble for.- all matters connected with the administration of the fund specified in the scheme; - registration of employees to the fund; laying down policies for the deposit of the amount of the fund as directed by Government from time to time; submission of annual budget to the Government for sanction; submission of annual report to Government on the working of the scheme; (0 annual audit of accounts of the fund in accordance with the instruction issued by Government; (g) collection of contribution to the fund and other charges; - - (h) launching of prosecutions against officers uder the Act; (i) speedy settlement of claiths and sanction of advances and other benefits; (J) proper maintenance of accounts: (k) proper and timely recovery of any amount due to the Board.. (2) The Board shall furnish information to Government on such matters as the Government may refer to it from time to time; 23. Secretary of the Board-(1) The Chief Executive of the Board shall be the Secretary to the Board. (2) The Secretary shall, with the approval of the Chairman, issue notice to - convene meetings of the Board and Keep the record of minutes -and shall take neces- saiy steps for carrying out the decisions of the Board. - 4 CHAPTER III APPOINTMENT AND POWERS OF THE CHIEF EXECUTiVE AND OTHER STAFF OF THE BOARD 24. The Chief Executive District Executive Officers and Inspectors.-(I) The Gov- ernment may appoint an officer of the Labour Department not below the rank of a Joint Labour Commissioner as the Chief Executive of the Board who shall be subject to the general control of the Board and shall be the Secretary to the Board. The Government may also appoint as many District Executive Officers as it may consider necessay to assist the Chief Executive. - Government may also appoint as many officers as Inspectors for the pur- pose of Implementing the Act and the Scheme. Reference relating to all appoiñiments of the Officers of the fund made by the Government shall be placed before the next meeting of the Board for information. 25. Administrative and Financial Powers of the Chief Executive.-(]) The Chief Executive of the Board may, without reference to the Board, sanction expenditure on contingencies, supplies and services and purchase of articles required for administer- ing the fund subject to the limits up to which he may be authorised to sanction ex- penditure on any single item from time to time by the Board with the approval of the Government. The Chief Executive may also exercise such administrative and financial powers other than those specified in sub para (I) as may be delegated to him from •• time to time by the Board, with the approval of the Government. - The Board may, from time to time, delegate, subject to such conditions as it may deem fit, its administrative and financial powers to any other officer under its - - control and supervision to the extent considered necessary for the administration of the scheme. - Powers of Government until Board is constituteS- The Government shall ad- minister the fund and exercise or discharge all or any of the powers or functionof the Board until the Board is constituted: Provided that on the constitution of the Board, the Government shall transfer -. - zany amount standing to the credit of the fund to the Board. CHAPTER IV MEMBERSHIP AND CONTRIBUTIONS Membership- At the commencement of this scheme every employee shall be entitled and be required to be a member of the Fund if he has completed one hundred and fifty days service in a cashew factory during the previous five calendar years: Provided that the workers of any cashew factory which has remained closed for over five years shall be entitled to membership of the fund on completion of three months service in the factory after its re-opening: Provided furtker that the workers of newly opened cashew factories shall also be eligible for membership on completion of three months service. Contribution to the Fund.- (1) The enployer shall in the first instance, pay both the contributions payable by himself and by the members employed by him. (2) The amount of contribution as per sub-paragraph (I) shall be remitted with the Chief Executive of the Board or any officer authorised by him in this behalf, before the 10th of every month along with the statement in Form No.1. Recovery ofa member's share or contribution. - (1) The amount of a Member's contribution paid by the employer shall notwithstanding any contract to the contrary, be Scoverable by means of deduction from the wages of the worker. Employer's share not to be deducted from the Member - Notwithstanding any contract to the contrary, the employer shall not deduct the empfoyer's contribution from the wages of a member or otherwise to recover it from hint CHAPTERV REGISTRATION, TRANSFER OF EXISTING FUNDS, MAINTENANCE OF RECORDS AND DEPOSIT OF MONEY - 31. Registration. -(I) Every employee who is entitled to be a member shall register > his name as a beneficiary of the fund, in the register maintained by the Chief Execu- tive or any other officer authorised by him for the purpose. 10 The employee who is entitled to be registered so, shall apply to the Chief Executive or any other officer authorised by him in this behalf in Form No.!!. The employee is entitled to file a nomination If he so desires in Form No.111 and to revise it in cases of either acquiring a family or having any legal change in his family as provided under proviso to sub-paragraph (1) (1) of Paragraph 2. Duty of employer to file returns.- (1) Every employer shall file to the Chief -. Executive within fifteen days of the commencement of this scheme a consolidated return in Form NoW. The form may contain particulars of the employees required or entitled to be registered, showing the basic wages, allowances, etc, including the cash value of any food concession paid to each employee. (2) Every employer shall send to the Chief Executive or any other officer author- ised by him within IS days from the close of every month a return in Form No. V showing the details of employees qualified to be registered for the first time during the preceeding month and thç details of those who have left service. information regarding establishment. - Every employer shall fütnish to Chief Executive or any other officer authorised by him in Form No. VI particulars of all branches, Owners, Occupiers, Directors, Partners, Managers or any other person or persons who have the ultimate control over the affairs of the establishment and also send intimation on any change thereto within 15 days of such change. identity Card. - The Chief Executive or any other officer authorised for the purpose shall issue an identity card to each employee registered in the fund in Form No. VII and maintain a register in Form No. VII A. Statement of Wages- Every employer shall send not later than fifteen days after the close of each month, a statement of the wages paid to the employee who are members of the fund or who are entitled to be members of the fund to the Chief Executive or any other officer authorised by him in Form No.VIIJ .36. Maintenance and Productiq'A of Record and Registers. - (1) Every employer shall maintain a Registef of worketh and a contribution regis
Excerpt shown. Open the full act in Lexace.