LexThe Kerala Jewellery Workers' Welfare Fund Act, 2009
Kerala · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF KERALA
Law (Legislation-C) Department
NOTIFICATION
No. 1771/Leg. C2/08/Law. Dated, Thiruvananthapuram,
1 st August, 2009.
10th Sravana, 1931.
In pursuance of clause (3) of Article 348 of the Constitution of
India, the Governor is pleased to authorise the publication in the
Gazette of the following translation in the English language of the
Kerala Jewellery Workers’ Welfare Fund Act, 2009 (26 of 2009).
By order of the Governor,
K. JOHN BRITTO,
Special Secretary (Law).
[Translation in English of "2009- ലല കകരള ആഭരണ ലതതഴഴലതളഴ
” കകമനഴധഴ ആകക published under the authority of the Governor.]
ACT 26 OF 2009
THE KERALA JEWELLERY WORKERS’ WELFARE FUND ACT, 2009 *
An Act to provide for the constitution of a Fund to grant relief to, to ensure
the welfare of and to pay pension to the workers and self employed
persons engaged in the processing of gold, silver, platinum, copper,
brass, bronze, bullion, gem, pearl (except artificial pearl) and
manufacturing jewellery or figures or other products by using it or its
alloy or product and doing other connected works in the State of
Kerala and for matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for the constitution of a
Fund to grant relief to, to ensure the welfare of and to pay pension to the
workers and self employed persons engaged in the processing of gold,
silver, platinum, copper, brass, bronze, bullion, gem, pearl (except artificial
pearl) and manufacturing jewellery or figures or other products by using it
or its alloy or product and doing other connected works in the State and for
matters connected therewith or incidental thereto;
BE it enacted in the Sixtieth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the
Kerala Jewellery Workers’ Welfare Fund Act, 2009.
(2) It shall come into force on such date as the Government may, by
1notification in the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) 'Board' means the "Kerala Jewellery Workers’ Welfare Fund
* Received the assent of the Governor on the 1st day of August, 2009 and published in
the Kerala Gazette Extraordinary No.1413 dated 1st August, 2009.
1 S.R.O No. 147/2010 dated 06-02-2010 published in Kerala Gazette Extraordinary No. 326 dated 10-02-2010
(w.e.f 10-02-2010).
Board" constituted under section 19;
(b) ‘Chief Executive Officer’ means the ‘Chief Executive Officer’
appointed under sub-section (1) of section 21;
(c) ‘contribution’ means the sum of money payable to the Fund under
section 4;
(d) ‘dealer’ means the establishment or person or an agent who
engaged in the processing of gold, silver, platinum, copper, brass, bronze,
bullion, gem, pearl (except artificial pearl) or buys or sells jewellery or
figures or other products made by using its alloy or product;
(e)‘employer’ means the person who make use of the service of one
or more workers either directly or through another person, in his own
establishment or in other places for manufacturing jewellery or figures or
any other product by using gold, silver, platinum, copper, brass, bronze,
bullion, gem, pearl (except artificial pearl) or its alloy or product or for
moulding or for processing or for connected work and includes, if an
establishment, its main administrative controller, the contractor who
appoints or controls the workers, the Manager and other persons known in
any other name;
(f) 'family' means,—(i) Husband or wife, their minor children, major
mentally retarded children, unmarried daughters including adopted
children; and(ii) father, mother and widowed daughters who are solely
dependent upon the worker or self-employed person;
(g) ‘Fund’ means the Kerala Jewellery Workers’ Welfare Fund to be
constituted under section 3;
(h) ‘jewellery’ means the ornaments, figures, articles and other
forms and of modifications, products, which are made after
mixing/processing for putting on or for decorating or for any other use
which are made mainly by using gold, silver, platinum, copper, brass,
bronze, bullion, gem, pearl (except artificial pearl) etc., or its alloy;
(i)‘member’ means a member of the Fund;
(j) ‘nominated person’ means the person nominated and includes a
person who comes under the definition of family;
(k) ‘person’ includes a company or an establishment or an
association of individuals or a co-operative society registered or to be
registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)
or an association which is legal or not or trust or firm or establishment
which is either religious or social;
(l)‘prescribed’ means prescribed by rules or schemes made under
this Act;
(m)‘Schedule’ means the Schedule to this Act;
(n) ‘Scheme’ means the "Kerala Jewellery Workers’ Welfare
Scheme” framed under section 3;
(o) ‘self employed person’ means the person who is really engaged
himself for his livelihood mainly in the works and connected works of
processing gold, silver, platinum, copper, brass, bronze, bullion, gem, pearl
(except artificial pearl) or its alloy or of modifications or other products
and manufacturing or moulding any form of jewellery or figures or other
products by using it and does not include a person who is working under
any employer;
(p)‘worker’ means the person who is engaged under an employer
directly or otherwise or through an agent or on contract basis, or otherwise
mainly in the works and connected works of processing gold, silver,
platinum, copper, brass, bronze, bullion, gem, pearl (except artificial pearl)
or its alloy or modifications or other products and manufacturing or
modifying any form of jewellery or figure or other products by using it;
(q) ‘year’ means a financial year from 1st April to 31 st March of
the next year;
(r)‘sale proceeds’ means the value of 1[final sale] of gold, silver,
platinum, copper, brass, bronze, bullion, gem, pearl (except artificial pearl)
and jewellery or figures or other products made by using that obtained after
1 Substituted by Act 17 of 2019 (w.e.f. 1/4/2019).
processing or its alloy or products 1[made by the dealer to the consumer] in
the State of Kerala;
3. Kerala Jewellery Workers' Welfare Fund Scheme.—(1) The
Government may, by notification in the Gazette, frame a scheme to be
called the 2"Kerala Jewellery Workers’ Welfare Scheme” for the welfare of
the workers and self employed persons coming under this Act and
thereafter as soon as may be possible constitute a Fund in accordance with
the provisions of this Act and the Scheme.
(2) Subject to the provisions of this Act, the Scheme framed under
sub-section (1) may provide for all or any of the matters specified in sub-
section (5) and in the Schedule.
(3) The following shall be credited to the Fund, namely:—
(a) the contributions specified under section 4;
(b) the cess amounts received under section 5;
(c) amounts borrowed by the Board under section 22;
(d) compensation realised under section 29;
(e) any other amount to be credited to the Fund under the
provisions of the Rules and the Scheme;
(f) any donation from any other source.
(4) The Fund shall vest in the Board and be administered by the
Board constituted under section 19.
(5) The Fund may be utilised for all or any of the following purposes
and for the partial or full implementation of that, namely:—
(a) for payment of pension to the following persons,—
1 Inserted by Act 17 of 2019(w.e.f. 1/4/2019).
2 S.R.O No.530/2010 dated 29-5-2010 published in the Kerala Extraordinary Gazette
No.1235 dated 29-5-2010 ( G.O (P) No. 64/2010/Labour.
(i) to a member who had completed sixty years of age and had
remitted contribution for a period not less than five years;
(ii) to a person, who had completed sixty years of age before the
commencement of the Scheme or not eligible for membership in the
Scheme but had been a worker or self employed person, for a period of ten
years, subject to the provisions of the Scheme;
(iii) to a member who had remitted contribution to the Fund for
at least ten years continuously and is unable to do any work, for a period of
two years due to permanent physical infirmity;
(iv) to a person of the member's family, on the event of the death
of a member who had remitted contribution to the Fund continuously for at
least ten years, in the order of preference, as may be prescribed;
(b) for the payment of maternity benefits, as may be prescribed, to
the woman member who had remitted contribution to the Fund
continuously at least for a period of two years and not coming within the
purview of the Employees State Insurance Scheme;
(c) for the payment of financial assistance to the marriage of the
daughters of the members and woman members who had remitted
contribution to the Fund continuously at least for a period of three years;
(d) for providing educational benefits or grant to the children of
members who had remitted contribution to the Fund continuously at least
for a period of two years;
(e) for providing medical assistance, as may be prescribed, to the
members and family members of the members who had remitted
contribution to the Fund continuously, at least for a period of one year, for
diseases like Cancer, Tuberculosis, Heart Disease, AIDS, Kidney Disease,
Cerebral Hemorrhage;
(f) for providing financial assistance to the family on the death of
a member, as may be prescribed in the Scheme, if a member died during
the tenure of his membership or within two years on the event of
permanent physical infirmity;
(g) for providing financial assistance, as may be prescribed, to the
family of the person who died within three years after becoming a member
as per the Scheme and entitled for pension;
(h) for providing loan to a member for constructing house or for
the repair and maintenance of the house who had remitted contribution to
the Fund at least for a period of five years;
(i) for providing a consolidated amount to a member, in the event
of . becoming unable to continue the employment, who had remitted
contribution to the Fund at least for a period of five years, at such rates as
may be prescribed on the basis of the number of years he had worked;
(j) for implementing any other purposes as may be provided in the
Scheme.
(6) The Scheme framed under sub-section (1) shall be laid, as soon as
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 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 amendment in the Scheme, the Scheme shall
thereafter have effect only in such amended form. So, however, that any
such amendment shall be without prejudice to the validity of anything
previously done under the Scheme.
4. Contribution to the Fund .—(1) Every worker and self employed
person shall pay to the Fund 1[rupees fifty per month] as contribution.
(2) The Government shall pay to the Fund every year an amount
equal to five percentage of the amount remitted by every member under
sub-section (1) as contribution;
(3) The amount of contribution to be remitted as such, shall be
remitted to the Fund in the manner as may be prescribed in the Scheme.
1 Substituted by Act 14 of 2022 (w.e.f. 19/5/2020).
5. Dealer cess.—(1) For the purpose of collecting amount to the fund,
for the welfare of the jewellery workers and self employed persons, every
dealer shall be liable to pay a sum amounting to 1[0.1%] of his jewellery
sale proceeds of a year to the Consolidated Fund of the Government as cess
in the manner as may be prescribed. Provided that this is not applicable to
dealers whose sale proceeds are less than 2[twenty lakh] rupees for a year.
(2) The cess levied under sub-section (1) shall be collected from
every dealer, in the manner and time as may be prescribed.
(3) The cess levied under sub-section (1) shall be in addition to any
cess, duty or tax as may be levied under any other law for the time being in
force.
(4) The amount collected as cess under sub-section (2) shall be
credited to the Consolidated Fund of the Stale of Kerala, in the manner as
may be prescribed.
(5) The amount of cess collected by the Government shall be paid
to the Fund of the Board after deducting the cost of collection of such Cess
not exceeding one per cent of the amount collected every year, before 30th
June, in such manner as may be prescribed.
6. Appointment of Assessing Officer.—The Government may, by
notification in the Gazette, appoint officers of the Labour Department, not
below the rank of Assistant Labour Officer Grade I or other officers not
below the same rank of the Government as Assessing Officers for the
purposes of this Act and may fix the local limits of their jurisdiction.
7. Maintenance of Registers and Records. — (1) Every dealer shall
maintain such registers and records in the manner prescribed.
(2) The registers and records shall be maintained in the commercial
establishment of the dealer and they shall be produced for verification on
demand by any officer or authority authorised by this Act.
1 Substituted by Act 17 of 2019 (w.e.f. 1/4/2019).
2 Substituted by Act 17 of 2019 (w.e.f. 1/4/2019).
8. Furnishing of returns by the dealer .—(1) Every dealer shall furnish
returns showing the sale proceeds of the previous financial year to the
Assessing Officer in the manner and time as may be prescribed.
(2) If any dealer liable to pay the cess under section 5 fails to
furnish the return under sub-section (1), the Assessing Officer shall give a
notice demanding such dealer to furnish such return before the date as may
be specified in the notice.
9. Assessment of cess. — (1) An Assessing Officer who is in receipt of
a return under section 8 shall, after making or cause to make an enquiry in
such manner as he may think fit ,by order, assess the amount of cess
payable by the dealer.
(2) An order of assessment of cess made under sub-section (1) shall
specify the amount of cess and the date within which the cess shall be paid
by the dealer.
(3) 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 while trying a suit under the Code of Civil Procedure, 1908
(Central Act 5 of 1908), in respect of the following matters, namely :—
(a) enforcing the attendance of any person and examining him on
oath or affirmation;
(b) requiring the disclosure, discovery and production of records
and documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses.
(4) Any enquiry under this section shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Indian Penal
Code (Central Act 45 of 1860) and for the purpose of section 196 of the
said Code.
10. Provisional collection of cess .—(1) Any dealer liable to pay cess
under section 5 shall, pay by way of advance cess on or before the 10th of
every month an amount equivalent to one-twelfth of the amount payable by
him annually according to the last assessment made under section 9.
(2) Where the amount is not paid under sub-section (1) on or
before the due date, the Assessing Officer may issue notice to the defaulter
showing the amount in arrears and directing him to pay the said amount
within such period not exceeding seven days of the receipt of the notice.
(3) The amount paid under sub-section (1) by the dealer for a year
shall be adjusted against the amount assessed under section 9 for that year.
11. Interest payable for the delay in payment of cess .—If any dealer
fails to pay any amount of cess payable under section 5 within the time
specified in the order of assessment, such dealer shall be liable to pay
interest on the amount to be paid at the rate of one and half per cent for
every month or part of a month comprised in the period from the date on
which such payment is due till such amount is actually paid.
12. Fine for non-payment of cess within the specified time. —If any
amount of cess payable by any dealer under section 5 is not paid within the
date noted in the order of assessment under section 9 it shall be deemed to
be in arrears and the Assessing Officer may, after making such enquiry as
he may deem fit, impose on such dealer an amount of fine not exceeding
the arrear cess amount:
Provided that before imposing any such fine such dealer shall be
given a reasonable opportunity of being heard and if after hearing, the
Assessing Officer is satisfied that the default was made due to good and
sufficient reason, no fine shall be imposed under this section.
13. Recovery of amount due under this Act .—Any amount due from
the dealer under this Act may be recovered in the same manner as an arrear
of land revenue from the dealer.
14. Appeal.— (1) Any dealer aggrieved by an order of assessment
made under section 9 or by an order imposing fine under section 12 may,
prefer an appeal to the appellate authority in such form, within such time
and in such manner as may be prescribed.
(2) Every appeal preferred under sub-section (1) shall be
accompanied by such fees as may be prescribed.
(3) On receipt of the appeal under sub-section (1), the appellate
authority shall, after giving the appellant an opportunity of being heard in
the matter, dispose of the appeal as expeditiously as possible.
(4) Every order passed in appeal under this section shall be final
and shall not be called in question in any court of law.
15. Power of entry. —Any Assessing Officer or an officer specially
empowered in this behalf by the Government, may—
(a) along with such assistance, if any, as he may think fit, enter at
any reasonable time, in any establishment or place where he considers it
necessary for carrying out the purposes of this Act, including verification of
the correctness of particulars furnished by any dealer under section 8 and to
examine the records;
(b) exercise such other powers as may be prescribed.
16. Return of collected Cess.—(1) Every Assessing Officer shall
furnish to the Board and other authority as may be prescribed, every month
a return showing the amount of cess collected by him during the previous
month in such form and within such period.
(2) The Chief Executive Officer of the Board or the authority
specified in sub-section (1) shall furnish to the Government every year a
return showing the total amount of cess collected during the previous
financial year, in such form and within such period as may be prescribed.
17. Membership.— (1) After the commencement of the Scheme each
eligible worker may apply for membership in the Fund in the manner and
within the fixed date as may be prescribed.
(2) Each eligible self-employed worker may also apply for
membership in the manner and within the fixed date as may be prescribed.
(3) Those workers and self-employed persons who have completed
18 years of age but not completed 55 years of age shall be eligible for
membership.
(4)Application, acceptance of application for membership, taking up
of decision, fees and registration of members shall be in the manner as may
be prescribed.
(5) The right for appeal to whom the membership was denied,
cancellation of membership and reinstatement of cancelled membership
shall be in the manner as may be prescribed.
18. Amendment of the Scheme.— (1) The Government may, by
notification in the Gazette, add to or amend or vary anything in the Scheme
framed under this Act either retrospectively or prospectively.
(2) Every notification under sub-section (1) shall be laid as soon as
may be, after it is issued, before the Legislative Assembly while it is in
session for a total period of 14 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 amendment in the said notification or
decides that, the notification should not be issued, the notification shall
thereafter, have effect only in such amended form or be of no effect, as the
case may be; so however that any such amendment shall be without
prejudice to the validity of anything previously done under that
notification.
19. Constitution of the 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, 1“The Kerala Jewellery Worker's
Welfare Fund Board" for the administration and management of the Fund
and to supervise and carry out the activities of providing financial aid from
the Fund.
1 S.R.O No. 759/2010 dated 3-8-2010 published in the Kerala Extraordinary Gazette No.
1774 dated 3-8-2010 ( G.O(Ms) No. 85/2010/Labour).
(2) The Board shall be a body corporate by name aforesaid, having
perpetual succession and common seal and shall, by the said name, sue and
be sued.
(3) The Board shall consist of as much number of directors not
exceeding twelve nominated by Government as hereinafter provided,—
(i) four members representing workers and self-employed
persons. In this, at least two of them shall be represented by workers;
(ii) four members representing dealers;
(iii) four members representing Government;
(4) One of the Directors of the Board shall be appointed by the
Government as its Chairman;
(5) The Government shall publish in the Gazette the name of the
Chairman and the Directors of the Board;
(6) The term of office of the Board shall be three years;
(7) Notwithstanding anything contained in sub-section (6), the
Government may, at any time, for reasons to be recorded in writing remove
from his office, any Director of the Board and such removal shall be made
after giving him a reasonable opportunity of showing cause against the
proposed removal:
Provided that it shall not be necessary to record in writing, the reasons
for removal or to give an opportunity of showing cause against the
proposed removal, if the Government are of the opinion that it is not
expedient in the public interest, to record the reasons in writing or to give
such opportunity.
(8) Any Director may resign his office by giving notice in writing to
the Government and his resignation shall be deemed to have come into
force on the date of acceptance of the resignation by the Government;
(9) The administration of the Fund vested in the Board, shall be in
such manner as may be provided in the Scheme;
(10) The Board may, with the previous approval of the Government,
subject to any restrictions and conditions the Board may direct, delegate to
the Chairman or any Director or Chief Executive Officer or any other
officer of the Board such of its powers and functions under this Act or
Scheme as it may consider necessary for the efficient administration of the
Fund.
(11) The Board may every year expend towards the payment of
salary of the Staff of the Board and other approved expenses up to 10
percentage of the amount collected as contribution.
20. Removal of non-official Directors .—(1) The Government may, by
notification in the Gazette, remove any non-official Director of the Board
from his office for the following reasons,—
(a) if he absents himself, without the permission of the Board,
from three consecutive meetings of the Board:
Provided that such absence may be condoned for sufficient reasons by
the Board before the publication of the notification in the Gazette; or
(b) if, in the opinion of the Government, he is ineligible or has
become incapable of acting as Director or has so abused his position as
Director detrimental to public interest:
Provided 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.
(2) A Non-official Director of the Board removed under clause (a) of
sub-section (1) shall be disqualified for re-appointment as a Director of the
Board for a period of three years from the date of his removal, unless
otherwise ordered by the Government.
21. Appointment of officers and staff.—(1) The Government may
appoint a Chief Executive Officer and such number of other officers and
staff as they consider necessary to assist the Board in the discharge of its
functions and duties in addition to those officers appointed under section 6
of this Act.
(2) Subject to the provisions of sub-section (3), the method of
appointment, salary and allowances, disciplinary conditions and other
conditions of service of the Chief Executive Officer and the other officers
and staff appointed under sub-section (1) shall be such, as may be
prescribed by Government.
(3) In the case of direct recruitment to the posts in the Board, the
provisions in the Rules 14 to 17 in Part I of the Kerala State and
Subordinate Service Rules, 1958 as amended from time to time shall be
complied with,
22. Power of the Board to borrow.—The Board may, from time to time
with the previous approval of the Government and subject to the terms and
conditions as may be specified by the Government, borrow money for the
purposes of the Scheme.
23. Determination of the amount due.—(1) The Chief Executive
Officer or any other officer authorised by the Board in this behalf may,
after making such enquiry as may be necessary and after giving an
opportunity of being heard, to every person liable to pay contribution under
sub-section (1) of section 4 by order, determine the amount of contribution
due under the provisions of this Act or the Scheme.
(2) The Officer conducting the enquiry under sub-section (1), shall
for the purpose of such enquiry, have the powers as provided under sub-
section (3) of section 9.
(3) Any amount determined under sub-section (1) if not remitted to
the Fund as directed, it shall be recovered as arrears of public revenue due
on land.
(4) Any person aggrieved by an order under sub section (1) may,
within 60 days from the date of receipt of the order, prefer an appeal to an
officer not below the rank of the District Labour Officer of the Labour
Department authorised by Government in this behalf and such officer may,
after making necessary enquiry on such appeal and after giving the
petitioner a reasonable opportunity of being heard, and within 45 days of
the receipt of the appeal, pass such orders as he thinks fit.
(5) The Government may, either suo-motu or on an application of
the aggrieved person, call for the records of any proceedings of an officer
authorised under sub- section (4) and make such enquiry as the
Government may think fit and pass orders thereon:
Provided that an application for revision under this sub-section shall
be made within 30 days from the date of receipt of the order, by the
applicant:
Provided further that no order shall be passed under this sub-section,
without giving an opportunity of being heard to the person who may be
affected thereby.
24. Priority for payment of contribution, cess, etc. over other debts .—
Where any dealer, liable to pay cess under sub-section (1) of section 5 is
adjudicated as insolvent or in case such dealer is a company, an order of
winding up is made, the liability in respect of the amount due from such
dealer under this Act or the Scheme shall, where the liability therefore has
accrued before the order of adjudication as insolvent or winding up is made
be deemed to be included among the debts which under section 64 of the
Insolvency Act, 1955 (Central Act 2 of 1956) or under section 530 of the
Companies Act, 1956 (Central Act 1 of 1956) are to be paid in priority to
all other debts, in the distribution of the property of the insolvent or the
assets of the company being wound up, as the case may be.
25. Directors of Board etc., to be public servants .—Each Director of
the Board and the Chief Executive Officer appointed under sub-section (1)
of section 21 and each other officer and staff of the Board shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860).
26. Penalty.—(1) A person who, for the purpose of avoiding any
payment to be made by him under this Act or Rules or the Scheme, or of
assisting any other person to avoid such payment, knowingly makes or
causes to be made any false statement or misrepresentation or false
representation, shall be punishable with imprisonment for a term, which
may extend to three months or with fine which may extend to five thousand
rupees but shall not be less than three thousand rupees or with both.
(2) Any person who contravenes or makes default in complying with
any of the provisions of this Act or Rules or 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 one month or with fine which may extend to three thousand
rupees but shall not be less than one thousand rupees or with both.
(3) A Judicial Magistrate of the First Class shall try any offence
punishable under this Act.
(4) No court shall take cognizance of any offence punishable under
this Act except on a complaint of such offence in writing made with the
prior sanction of the Chief Executive Officer.
27. Enhanced punishment for second or subsequent offence.—
Whoever, having been convicted by Court, of an offence punishable under
this Act, again commits the same offence, shall be punishable by giving
every such offence with imprisonment for a term which may extend to one
year, but shall not be less than one month or with fine which may extend to
twenty five thousand rupees but shall not be less than ten thousand rupees
or with both.
28. Offences by Company. —(1) Where an offence under this Act has
been committed by a company, every person, who at the time of offence
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 punished:
Provided that nothing contained in this section shall render any such
person made liable to any punishment, if he proves that the offence was
committed without his knowledge, or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of or is
attributable to or any willful neglect on the part of any officer of the
company, such officer of the company shall be deemed to be guilty of that
offence and shall be punished.
Explanation.—For the purpose of this section,—
(a) "Company" means a company defined under section 3 of the
Companies Act, 1956 (Central Act 1 of 1956) and includes an
establishment, a co-operative society or other association of individuals;
(b) “Officer of the Company" means the Managing Director or
Treasurer or Manager of the Company and includes the office bearers of an
establishment or Co-operative Society or other association of individuals;
(c) "Director" in relation to an establishment means a partner in
that establishment.
29. Power to recover damages .—Where any person makes default in
the payment of any contribution to the Fund under this Act or the Scheme
or Rule, the Board may recover from him the arrear amount with 18 per
cent interest.
30. Protection for acts done in good faith .— No suit or other legal
proceeding shall lie against any Director of the Board or any other person
in respect of anything which is in good faith done or intended to be done
under this Act or under the Scheme.
31. Directions given by Government. —(1) The Government may, after
consultation with the Board, issue to the Board, directions regarding
matters to be followed by the Board.
(2) In exercise of the powers and performance of its duties under
this Act, the Board shall not depart from any directions issued under sub-
section (1), except with the prior sanction of the Government.
32. Power to order inquiry .—(1) The Government may, at any time,
appoint an officer not below the rank of a Deputy Secretary to Government
to inquire into the working of the Board and to submit report to
Government.
(2) The Board shall give the officer so appointed, all facilities for
the proper conduct of the inquiry and furnish to him such documents,
accounts and information in the possession of the Board, as he may require.
33. Power to supersede the Board .—(1) If, after consideration of the
report under section 32 or otherwise, the Government are of the 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 superseded or abused its powers, the Government may, by notification
in the Gazelle, supersede the Board for a period not exceeding six months
as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the
Government shall give a reasonable opportunity to the Board to show cause
why it should not be superseded and shall consider the explanation and
objections, if any, of the Board.
(2) On the publication of a notification under sub-section (1),—
(a) all Directors of the Board shall, as from the date of such
publication, be deemed to have vacated their offices as Directors; and
(b) 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; and
(c) all funds and other properties vested in the Board shall, during
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 such manner as may be provided under section 19.
34. Appointment of Auditors and audit of Accounts of the Board. — (1)
Auditors shall be appointed with the approval of Government to audit the
accounts of Board.
(2) Such auditors shall inspect and audit the accounts of the Board
once in every year.
35. Annual report and audited statement of Accounts .—(1) The annual
report of the Board shall be prepared by the Chief Executive Officer, under
the direction of the Board, and after getting approval by the Board, a copy
of the report together with the audited statement of accounts shall be
submitted to Government before the end of November every year.
(2) As soon as the annual report is received by the Government, it
shall be laid together with the audited statement of accounts on the table of
the Legislative Assembly.
36. Bar of jurisdiction of Civil Courts .—No Civil Court shall have
jurisdiction to settle or decide or deal with any matter which is by or under
this Act or the Scheme required to be settled, decided or dealt with by the
Government or the Board or any other officer authorised by the
Government or the Chief Executive Officer or any other officer authorised
by the Board.
37. Special provisions for transfer of accumulations from the existing
Welfare Funds.—The sums standing to the credit of member in any existing
Welfare Fund on the date of commencement of this Act shall stand
transferred to and credited to the Fund established under this Act and the
liability of such member to pay contribution to such Welfare Fund shall
cease from such date.
38. Removal of difficulties. —(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order, in
accordance with the occasion do anything not inconsistent with the
provisions of the Act and which are considered necessary for the purpose of
removing such difficulties:
Provided that no such order shall be passed after the expiry of two years
from the date of commencement of this Act.
(2) Every order passed under sub-section (1) shall be laid before the
first session of the Legislative Assembly after the order is passed. 39.
Power to make rules .—(1) The Government may, by notification in the
Gazette, make 1rules either retrospectively or prospectively for the purpose
of carrying into effect the provisions of this Act.
(2) Every rule made under this Act shall be laid as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of 14 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 amendment in the rule or decides that the rule should not be made the
rule shall thereafter have effect only in such amended form or be of no
effect as the case may be; so however that any such amendment or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
SCHEDULE
[See section 3(2)]
MATTERS FOR WHICH PROVISION MAY BE MADE IN THE
SCHEME
1. Registration of employees and self-employed persons.
2. The time and manner in which contribution shall be made to the Fund
by the workers and self-employed persons under section 4 and the
manner in which the same may be recovered and the procedure for
obtaining Government contribution to the Fund.
3. More informations regarding the recovery of Cess under section 5
and Assessment of Cess, Recovery, Appeal and Maintenance of
Registers.
4. Procedure of Board Meeting.
5. Constitution of any sub-committee for assisting the Board and
Procedure of sub-committee.
6. The manner in which accounts shall be kept, the investment of
1 S.R.O No. 267/2010 dated 15-3-2010 published in the Kerala Extraordinary Gazette No.
612 dated 15-3-2010 ( G.O (p) No. 40/2010/Labour.
money belonging to the Fund in accordance with any directions
issued or conditions specified by the Government, the preparation of
Budget, the audit of accounts and the submission of reports to
Government etc.
7. The conditions under which withdrawals from the Fund may be
permitted, any deduction or forfeiture may be made and the
maximum amount of such deduction or forfeiture.
8. The form in which a member shall furnish particulars about himself
and his family, whenever required.
9. The procedure for the nomination of a person to receive any family
pension and other benefits of a member on his death and the
cancellation or variation of such nomination.
10. The registers and records to be maintained with respect to members
and the returns to be furnished by the dealer.
11. The form or design of identity card for the purpose of identifying a
member of the Fund and their issue, custody and replacement
thereof.
12. The fees to be levied for any of the purposes specified in the Act.
13. The further powers, if any, which may be exercised by the officers
and assessing officers under this Act.
14. The Fund may be utilised for any of the matters of welfare of the
workers or self-employed persons or their dependants and its
procedures.
15. The manner in which the sums transferred under section 37 is to be
credited to the Fund.
16. The procedure for defraying the expenditure including
administrative expenditure incurred in the administration of the
Fund.
17. Procedure for paying grants, loans etc. from the Fund.
18. The procedure for payment of pension, Family Pension, Death/
Retirement benefits, other benefits and refund of contribution, etc.
from the Fund.
19. Any other matter which is to be provided for in the Scheme or
which may be necessary or proper for the purpose of implementing
the Scheme.