The Kerala Anganawadi Workers' and Anganawadi Helpers' Welfare Fund Act, 2016

 [Translation in English of “ 2016-ലലെ കകേരള അങ്കണവവാടടി വര്‍ക്കര്‍മവാരര കടയരയ
കകേരള അങ്കണവവാടടി ലഹെല്‍പ്പര്‍മവാരര കടയരയ കക്ഷേമനടിധടി  ആകക " published under the
authority of the Governor.]
ACT 10 OF 2016
THE KERALA ANGANAWADI WORKERS' AND
ANGANAWADI HELPERS' WELFARE FUND ACT, 2016*
An Act to provide for the constitution of a Welfare Fund for the welfare of the
Anganawadi workers' and Anganawadi helpers' in the Anganawadis which were
introduced in the State under Integrated Child Development Services Programme
and are functioning in the State of Kerala and to provide pension and other
benefits to them and for other matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for the constitution of Welfare
Fund for the welfare of the Anganawadi workers and Anganawadi helpers in the
Anganawadis which were commenced in the State under Integrated Child Development
Services Programme and are functioning in the State of Kerala and to provide pension
and other benefits to them and for other matters connected therewith or incidental
thereto.
BE, it enacted in the Sixty-seventh Year of the Republic of India as follows:—
1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Kerala
Anganawadi Workers' and Anganawadi Helpers' Welfare Fund Act, 2016.
(2) It shall be deemed to have come into force on the 12 th day of November,
2015. 
2. Definitions.—In this Act unless the context otherwise requires,—
(a) "Board" means the Anganawadi Workers and Anganawadi Helpers Welfare
Fund Board constituted under section 10; 
(b) "contribution" means the amount payable to the Welfare Fund by the
members of the Welfare Fund under sub-sections (1) and (2) of section 4 and by the
Government under section 17;
*  Received the assent of the Governor on the 22nd day of March, 2016 and published in the Kerala Gazette Extraordinary
No. 676 dated 22nd March, 2016.
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(c) "Anganawadi Worker" means a person who has been selected by a selection
committee or promoted from Anganawadi Helper or has been appointed by transfer
from Balawadi or such other institutions and is working in the Anganawadi on
Honorarium basis or has been appointed permanently as worker as per the guidelines
approved by the Government from time to time;
(d) "Anganawadi Helper" means a person who has been selected by a selection
committee or has been appointed by transfer from Balawadi or such other institution
and is working in the Anganawadi on Honorarium or has been appointed permanently
as a helper as per the guidelines approved by the Government from time to time;
(e) "Fund" means the Kerala Anganawadi Workers' and Anganawadi  Helpers'
Welfare Fund constituted under section 3;
(f) "Government" means the Government of Kerala; 
(g) "Member" means an Anganawadi Worker or Anganawadi Helper who has
been enrolled as a member in the Welfare Fund or continuing as a member of the
Workers Welfare Fund under the provisions of this Act; 
(h) "Dependents" means husband, minor children, unmarried or widowed or
divorced daughters, mentally or physically disabled children or father or mother who
are solely dependent on the member; 
(i) "Scheme" means the Kerala Anganawadi Workers' and Anganawadi Helpers'
Welfare Fund Scheme framed under this Act;
(j) "Workers' Welfare Fund" means Anganawadi Workers' Welfare Fund framed
as per the Government Order issued under G. O. (P) No. 12/92/SWD, dated 10th April,
1992 of the Social Welfare Department;
(k) "Notification" means a notification published in the Official Gazette;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "Chief Executive Officer" means the Chief Executive Officer, appointed
under section 15;
(n) "Integrated Child Development Service Scheme" means a social security
scheme implemented by the Central Government on 2nd October, 1975 for the health
care and service of the children below the age of six years, pregnant women and breast
feeding mothers;
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(o) "Schedule" means the Schedule of this Act;
(p) "Selection Committee" means a selection committee constituted by the
Government for the selection of Anganawadi worker and Anganawadi helper.
3. Kerala Anganawadi Workers' and Anganawadi Helpers' Welfare Fund .—(1) As
soon as, after the commencement of this Act, the Government shall, by notification,
frame a Scheme to be called the "Kerala Anganawadi Workers and Anganawadi Helpers
Welfare Fund Scheme" and after the framing of the Scheme, constitute a Fund to be
called "the Kerala Anganawadi Workers' and Anganawadi Helpers' Welfare Fund" in
accordance with the provisions of this Act and the Scheme.
(2) Subject to the provisions of this Act, the Scheme may provide for all or
any of the matters specified in the Schedule.
(3) The following shall be credited to the Fund, namely:—
(a) contributions under sections 4 and 17; 
(b) application fee realised under section 5; 
(c) any amount borrowed under section 18;
(d) any donation voluntarily given to the Fund by any association or
institution or person;
(e) any profit, interest, dividend or other income on any investment made of
any part of the Fund;
(f) balance amount outstanding in the Workers' Welfare Fund; 
(g) any grants, loans or advances as may be given by the Government of
India or the State Government or any other institution or organisation; 
(h) any fees levied under the Scheme; 
(i) any other amount, to be credited to the Fund under the provisions of the
Scheme;
(j) any amount mobilised by the Board from any other sources to increase
the resources of the Fund.
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(4) The Fund shall vest in the Board constituted under section 10 and shall be
administered by the Board.
(5) The Fund may be utilised for all or any of the following purposes, namely:
—
    (a)  for the payment of a fixed amount and pension to a person who had
been a member and remitted contribution for not less than ten years and completed his
period of service or ceased his service or unable to continue in the service due to ill
health, at such rate, as may be specified in the Scheme, based on the number of years
in which he had remitted contribution.
Explanation—1.  The  Board  shall  have  the  power  to  take  decision  regarding  the
eligibility of pensionary benefits payable to a member who could not continue
his employment due to ill health.
Explanation—2. In the case of a member who had remitted contribution for a period
less than five years and is unable to continue in employment shall be eligible
only for the amount remitted by him to the Welfare Fund;
(b) for the payment of pension and benefits to the dependents of the
deceased in the event of the death of a member eligible for pension and benefits as per
clause (a); 
(c) for the payment of expenses for treatment of the member who suffers
from disease;
(d) for the payment of the treatment expenses of the member who met with
accident;
(e) for the payment of benefits to the dependents of the deceased on the
death of a member who is eligible for the benefits; 
(f) for the payment of amount remitted to the Fund together with interest
and the Government contribution to a member on cessation of his employment who has
remitted contribution continuously for five years or more; 
(g) for providing medical treatment to the children of members; 
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(h) for the payment of financial assistance to meet the marriage expense of
the members and their daughters and for the maternity expenses of the female
members;
(i) for providing loan to the members for constructing house and for the
renovation of the house to the members who own a house, as may be provided in the
Scheme;
(j) for any other purpose specified 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 modification in the Scheme
or decides that the Scheme should not be issued, the Scheme shall, thereafter have
effect only in such modified form or be of no effect, as the case may be; so that any
such modification or repeal shall be without prejudice to the validity of anything
previously done under the Scheme.
4. Contribution to the Fund .—(1) Each Anganawadi Worker who is a member of
the Welfare Fund shall pay two hundred rupees per month as contribution to the Fund.
(2) Each Anganawadi Helper who is a member of the Welfare Fund shall pay
one hundred rupees per month as contribution to the Fund.
(3) The Government may, by notification, from time to time revise the rate of
contribution referred in sub-sections (1) and (2) up to a limit of five hundred rupees
for the management of the Scheme.
(4) The contribution shall be paid in the name of the Chief Executive Officer
or an officer authorised in this behalf as specified in the Scheme.
5. Membership in the Fund .—(1) Any person who has got permanent appointment
as Anganawadi Worker or Anganawadi Helper in the Anganawadis of Kerala may apply
to the Board for a membership in the Fund in such form and manner as may be
specified in the Scheme.
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(2) On an application under sub-section (1), the Board may make such enquiry
as it deems fit and either admit the applicant to the Fund or for reasons to be recorded
in writing, reject the application:
Provided that no order rejecting an application shall be passed without giving the
applicant an opportunity of being heard:
Provided further that any person aggrieved by an order rejecting any application
for membership may prefer an appeal to the Government within such period as may be
specified in the Scheme.
(3) Every applicant shall pay such an amount as application fee along with the
application in such manner as may be specified in the Scheme. 
(4) Every member who has been enrolled as member in the Fund shall be issued
a certificate of membership, identity card and a pass book recording the details as may
be prescribed and a register shall be kept in this regard.
(5) A member of the Fund, on completion of service or on resignation or on
termination from service shall cease to be a member of the Fund.
6.  Cancellation of  Membership .—(1)  The  membership of  a member shall be
cancelled by the Board or the officer authorised in this behalf, if it is found that a
member has made manipulation of any kind or has given false information at any time
in connection with the conditions for the membership or to obtain benefits as per the
Scheme: 
Provided that no order of cancellation of membership shall be passed unless the
applicant has been given an opportunity of being heard.
(2) Membership in the Fund shall automatically cease if a member commits
default in making payment of contribution, continuously, for a period of six months. 
(3) Appeal against the orders under sub-section (1) shall be filed before the
Government within such period as may be specified in the Scheme.
7. Revival of Membership.—The membership of a member which has been ceased
under sub-section (2) of section 6 may be revived on payment of arrears along with
interest at the rate of twelve per cent per annum within six months from the date of
cessation of such membership. 
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8. Members shall take insurance Policy.—Every member of the Welfare Fund shall
join the insurance scheme made applicable to them, each year.
9. Amendment of the Scheme .—(1) The Government may, by notification, amend
the Scheme framed under this Act, 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 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  modification  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.
10.  Constitution of the Board .—(1) The Government may, by notification, with
effect from such date as may be specified therein, constitute a Board to be called the
"Kerala Anganawadi Workers' and Anganawadi Helpers' Welfare Fund Board" for the
administration and management of the Fund and to supervise and implement connected
activities.
(2) The Board shall be a body corporate by the name "Kerala Anganawadi
Workers' and Anganawadi Helpers' Welfare Fund Board" having perpetual succession and
a common seal and shall by the said name, sue and be sued. 
(3) The Board shall consist of members nominated by the Government as
hereinafter provided, namely:— 
(i) A person nominated by the Government, he shall be Chairperson of the
Board;
(ii)  Four  members  representing  Anganawadi  Workers'  and  Anganawadi
Helpers;
(iii) An expert having special knowledge in the matters relating to women
and children and having sufficient skill to deal with the matters;
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(iv) 1[Director, Women and Child Development Department];
(v) 2[An officer of Women and Child Development Department not below the
rank of Joint Secretary];
(vi) 3[An officer of the Women and Child Development Department not below
the rank of Assistant Director], he shall be the Chief Executive Officer of the Board;
(vii) An officer of the Finance Department not below the rank of Deputy
Secretary;
(viii) An officer of the Law Department not below the rank of Joint
Secretary.
(4) The Board shall administer the Fund vested in it in such manner as may be
specified in the Scheme.
(5) The Board may, with the previous approval of the Government, delegate to
the Chairperson or to any other authority of the Board such of its powers and
functions under this Act or the Scheme as it may consider necessary, for the efficient
administration of the Fund, subject to such restrictions and conditions, as it may deem
fit.
11. Meeting of the Board.—(1) The Board shall meet at least once in three months
to transact its business.
(2) Minimum of more than half of the total members including Chairperson
shall form the quorum for a meeting of the Board.
(3) The Chairperson or in his absence, a member of the Board to be elected
from among the members present at the meeting shall preside over the meeting of the
Board.
(4) Any matter coming up before a meeting of the Board shall be decided by a
majority of the members present and voting at the meeting and in the case of equality
of votes, the Chairperson or the member presiding over the meeting, shall have right
for a casting vote.
1. Substituted by  Act 12 of 2019 (w.e.f 01.03.2019)
2. Substituted by  Act 12 of 2019 (w.e.f 01.03.2019)
3. Substituted by  Act 12 of 2019 (w.e.f 01.03.2019)
9
12.  Term of office of members of the Board .—(1) The non-official members
appointed under clauses (i), (ii) and (iii) of sub-section (3) of section 10 shall hold
office for a period of 1[three years] from the date of publication of the notification in
the Gazette constituting the Board:
Provided that the Chairman and non-official members of the Kerala Anganawadi
Workers' and Anganawadi Helpers' Welfare Fund Board constituted as per G. O. (Rt.)
94/2013/SJD dated 7th March, 2013 of the Social Justice Department shall hold office
for a period of three years from the date of commencement of the Government Order
or the date of coming into force of the Board to be constituted by the Government
under section 10, whichever is earlier.
(2) Any non-official member may resign his membership by giving notice in
writing to the Government, but shall continue to hold office until his resignation is
accepted by the Government.
(3) The Government may appoint new members in the temporary vacancy arose
as per sub-section (2), for the remaining period available to the member resigned, had
he continued to in the office.
(4) The Government may at any time, for reasons to be recorded in writing,
remove from office any official member, if the Government are of opinion that, in
public interest it is improper to allow such member to continue in office.
13.  Disqualification and removal of non-official members. —(1) The Government
may remove any non-official member of the Board from office,—
(a) if he is of unsound mind; 
(b) if he is adjudged as undischarged insolvent; 
(c) if he, without the permission of the Board, fails to attend three
consecutive meetings of the Board; and
(d) if in the opinion of the Government, he is not suitable or has become
incapable of acting as a member of the Board or has so abused his position as a
member as to render his continuance as member of the Board as such detrimental to
public interest:
1. Substituted by  Act 12 of 2019 (w.e.f 01.03.2019)
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Provided that before removing a member of the Board under this sub-section, he
shall be given a reasonable opportunity to show cause why he should not be removed.
(2) A non-official member of the Board removed under clause (c) of sub-section
(1) shall be disqualified for re-nomination as a member of the Board for a period of
three years from the date of his removal, unless otherwise ordered by the Government.
(3) A non-official member of the Board removed under clause (d) of sub-section
(1) shall not be eligible for re-nomination until he is declared by an order of the
Government to be no longer ineligible.
14. Sitting fees, travelling allowance and daily allowance to members of the Board.
—The sitting fees of the non-official members of the Board and travelling allowance
and daily allowance of all members of the Board shall be at such rate as may be
prescribed.
15. Appointment of Officers and Staff .—(1) The Government may appoint a Chief
Executive Officer and other staff in such manner as may be prescribed to perform the
functions of the Board under this Act.
(2) The method of appointment, salary and allowance, discipline and other
service conditions of officers appointed under sub-section (1) shall be in such manner as
may be prescribed.
(3) The Chief Executive Officer of the Board or other Officer authorized by
him shall be responsible for the implementation of the decisions of the Board.
16. Special provisions for transferring the consolidated amount from the existing
Welfare Fund.—The amount in the account of a member of the Workers Welfare Fund
on the date of commencement of this Act shall be transferred to the Fund created
under this Act and credited to the account as may be prescribed.
17. Contribution of the Government.—The Government shall in each financial year
pay contribution, an amount equal to 50 per cent of total contribution to be paid by
the members.
18. Power of the Board to borrow .—The Board may, from time to time, with the
previous approval of the Government and subject to such terms and conditions as may
be specified by the Government, borrow money for the purposes of the Fund.
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19. Non-official Members of the Board to be public servants .—Every non-official
member 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).
20. Protection of action taken in good faith .—No suit or other legal proceedings
shall lie against any member of the Board or any other person assisting the Board in
the discharge of its functions and duties in respect of anything which is in good faith
done or intended to be done under this Act or under the Scheme.
21.  Directions by Government .—The Government may, from time to time, give
directions to the Board, and the Board is bound to implement them.
22. Power to order enquiry .—(1) The Government may, at any time, appoint an
officer not below the rank of a Secretary to Government as enquiry officer to enquire
into the working of the Board and to submit report to the Government.
(2) The Board shall give the enquiry officer so appointed, all facilities for the
proper conduct of the enquiry and furnish such documents, accounts and information in
the possession of the Board as he may require.
23. Audit of Accounts of the Fund and appointment of auditors .—(1) The Board
shall appoint such auditors to audit the accounts of the Fund in such manner as may be
prescribed.
(2) The accounts of the Fund shall be audited once in every year by such
auditors.
24. Annual report and audited statement of accounts .—(1) The Board, for every
financial year, the annual report of the Fund, showing the complete details of its
activities of the previous year shall be prepared by the Chief Executive Officer under
the direction of the Board and after approval by the Board, a copy of the report
together with the audited statement of accounts, shall be submitted to the Government
before the 31st July, every year.
(2) As soon as the annual report is received, the same together with the
audited statement of accounts shall be laid before the Legislative Assembly.
25. Bar on Jurisdiction of Civil Courts .—No Civil Court shall have jurisdiction to
settle, decide or deal with any matter which is by or under this Act or the Scheme
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required to be settled, decided or dealt with or to be determined by the Government or
the Board or the Chief Executive Officer or any officer authorised by the Board.
26.  Power to summon witness and take evidence .—The Board shall, for the
purposes of enquiry under this Act, 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 or examining him on oath; 
(b) requiring the discovery and the production of documents; 
(c) receiving evidence on affidavit; and 
(d) engaging Commission for the examination of witnesses. 
27. Removal of difficulties .—(1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order published in the Gazette, make
provisions which appear to them to be necessary and not inconsistent with the
provisions of this Act, for the purpose of removing the difficulty:
Provided that no such order shall be passed after the expiry of two years from
the date of commencement of this Act.
(2) The order issued under sub-section (1) shall be placed before the Legislative
Assembly.
28. Power to make rules.—(1) The Government may, by notification in the Gazette,
make rules either prospectively or retrospectively 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
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 modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
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29. Repeal of the existing Workers Welfare Fund Order .—(1) Government Order
No. 12/92/SWD dated 10th April, 1992 of the Social Welfare Department is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
Order shall be deemed to have been done or taken under this Act.
30.  Repeal and Saving .—(1) The Kerala Anganawadi Workers' and Anganawadi
Helpers' Welfare Fund Ordinance, 2016 (5 of 2016), is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done
or any action taken or deemed to have been taken under this Ordinance, shall be
deemed to have been done or taken under this Act.
SCHEDULE
[See section 3(2)]
MATTERS FOR WHICH PROVISION MAY BE MADE IN THE SCHEME
1. The manner in which the Fund is to be administered by the Board. 
2. Registration of the members. 
3. The time and manner in which the contribution to be made to the Fund by
Anganawadi workers and Anganawadi helpers and the manner in which the contribution
to be collected. 
4. The time and manner in which the contribution under section 17 to be collected
to the Fund. 
5. The constitution of any committee for assisting the Board. 
6. Duties of the Chief Executive Officer. 
7. The manner in which accounts shall be maintained, the investment of money
belonging to the Fund in accordance with any direction issued or conditions specified
by the Government, the preparatien of budget, the audit of accounts and the submission
of reports to the Government.
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8. The conditions under which withdrawal from the Fund may be permitted and
any deduction or forfeiture may be made and the maximum amount of such deduction
or forfeiture.
9. The Form in which a member shall furnish particulars about himself and his
family whenever required.
10. The nomination of a person to receive the benefits of a member from the
Fund on the event of his death and verification of the nomination or cancellation of
such nomination.
11. The registers, records and other Forms to be maintained with respect to
members.
12. The Form of pass book, certificate and identity card and the procedure for
their issue and replacement.
13. The fees to be levied for any of the purposes specified in the Schedule.
14. The manner in which the amount transferred under section 16 is to be
transferred and credited to the Fund.
15. The matters for which the Fund may be utilized for the welfare of the
members or their dependents.
16. The procedure for paying benefits, grants, advances etc., from the Fund.
17. Regularisation of the rate of the amount and pension that may be given from
the Fund to the members, based on the number of years during which they have made
contribution, who have ceased or who are unable to continue in their service on
account of other reasons.
18. Any other matter which is necessary or proper for the implementation of the
Scheme.

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