The Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers' Welfare Fund Act, 1998
Kerala · state statute
Open in Lexace · Ask the AI about this act[Translation in English of “ 1998-ലലെ കകേരള ഈററ, കേകാടട്ടുവളളള, തഴ ലതകാഴളലെകാളള കക്ഷേമനളധള ആകക്ട്” published under the authority of the Governor.] ACT 17 OF 1998 THE KERALA BAMBOO, KATTUVALLI AND PANDANUS LEAF WORKERS’ WELFARE FUND ACT, 1998* An Act to provide for the constitution of a Fund to grant relief to, to promote the welfare of , and to pay pension to, bamboo, kattuvalli and pandanus leaf workers, and self-employed persons in bamboo, kattuvalli and pandanus leaf industries in the State of Kerala. Preamble.—WHEREAS it is expedient to provide for the constitution of a Fund to grant relief to, to promote the welfare of , and to pay pension to, bamboo, kattuvalli and pandanus leaf workers, and self-employed persons in bamboo, kattuvalli and pandanus leaf industries in the State of Kerala and for matters incidental or ancillary thereto; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:— 1. Short title, extent and commencement .—(1) This Act may be called the Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers’Welfare Fund Act, 1998. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on 1such date as the Government may, by notification in the Gazette, appoint. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) "bamboo industry" means anindustry to which bamboo, reeds or cane is used as raw material for making bamboo products and includes collecting, storing or * Received the assent of the Governor on the 9th day of August,1998 and published in the Kerala Extraordinary Gazette No. 1860 dated 12th November,1998. 1 2nd day of December,1999 vide S.R.O No. 493/2005 dated 13-05-2005 published in the Kerala Gazette Extraordinary No. 1091 dated 18th May,2005. distributing bamboo, reeds or cane for the purpose of making bamboo products or doing any work in connection with or incidental thereto; (b) “bamboo product” means tany article which is made out of bamboo, reeds or cane; (c) "bamboo, kattuvalli or pandanus leaf worker" means any person who is employed for wages to do any work in connection with or incidental to the bamboo industry or kattuvalli industry or pandanus leaf industry, as the case may be, and who get his wages, directly or indirectly from the employe, dealer or producer of bamboo products or kattuvalli products or, as the case may be, pandanus leaf products and includes any person employed by or through a contractor or through an agent and depends mainly on bamboo industry, kattuvalli industry or pandanus leaf industry for his livelihood and also a person whom the Government may, by notification in the Gazette, from time to time, declare to be a bamboo, kattuvalli or pandanus leaf worker for the purpose of this Act, but does not include a person engaged in collecting bamboo, reed or cane for the purpose of making pulp, paper and artificial threads with medicinal aid. Explanation.—If any question arises as to whether a person is or is nota bamboo worker or kattuvalli worker or a pandanus leaf worker for the purpose of this Act, the question shall be referred for decision to an officer authorised by the Board in this behalf and an appeal may be filed before the Board against the decision of the said officer and the decision of the Board thereon shall be final; (d) "Board" means the Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund Board constituted under section 6; (e) "Chief Executive Officer" means Chief Executive Officer appointed under sub- section (1) of section 9; (f) "Contribution" means the money payable to the Fund under section 4; (g) "dealer" meansany person who is engaged in the business of purchase, sale or storage for sale of bamboo or kattuvalli or pandanus leaf products; (h) "employer" means any person who employs, whether directly or indirectly, or whether on behalf of himself or for any other person, one or more bamboo or kattuvalli or pandanus leaf workers to do any work in connection with the various process in bamboo or kattuvalli or pandanus leaf industry; (i) "family” means,— (i) husband, wife and their minor sons, unmarried daughters and mentally retarded children; (ii) father and mother who are solely dependent upon the bamboo, kattuvalli or pandanus leaf worker or self-employed person; (j) "Fund"means theBamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund established under section 3; (k) "kattuvalli industry" means an industry in which kattuvalli is used as a raw material for making products out of it and includes collecting, storing or distributing kattuvalli for the purpose of making kattuvalli products or doing any work in connection with or incidental thereto; (l) "kattuvalli products" means canything made out of raw or processed kattuvalli; (m) "member" means a member of the Fund; (n) "pandanus leaf industry" means an industry in which pandanus leaf is ussed as raw materials for making products out of it and includes collecting, storing or sistruibuting pandanus leaf for the purpose of making pandanus leaf products or doing any work in connection wiuth or incidental thereto; (o) "pandanus leaf product" means mats, baskets, toys, handicraft items, fancy things, furniture, thazhapauya, vatti and such other things made out of raw or processed pandanus leaf; (p) "person" includes a company , a firm, an association of individuals or a co- operative society registered or deemed to be registered under the Kerala Co-operative Societies Act,1969 (21 of 1969); (q) "prescribed" means prescribed by rules made under this Act; (r) "producer of bamboo or kattuvalli or pandanus leaf products" means a person who carries on the business of making bamboo or kattuvalli or pandanus leaf products for export or for internal use; (s) "Schedule" means the Schedule to this Act; (t) "Scheme" means the Scheme framed under this Act; (u) "self-employed person" means a person other than a bamboo or kattuvalli or pandanus leaf worker who is engaged in the extraction of bamboo, reeds, cane, kattuvalli or pandanus leaf or engaged in the making of bamboo products or kattuvalli products or pandanus leaf products and cdepends maily on bamboo industry or kattuvalli industry or pandanus leaf industry for his livelihood; (v) "year" meansa financial year. 3. Bamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund .—(1) The Government may, by notification in the Gazette, frame a Scheme to be called “ the Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund Scheme” for the establishment of a Fund under this Act for the welfare of Bamboo, kattuvalli and pandanus leaf workers and self- employed persons the bamboo or kattuvalli or pandanus leaf industry, as the case may be, and there shall be established , as soon as amy be after the framing of the Scheme a Fund in accoradance with the provisions of this Act and the Scheme. (2) There shall be credited to the Fund,— (a) the contribution specified in section 4; (b) the amount borrowed by the Board under section 10; (c) damages realised under section 19; (d) grants or loans or advances made by the Government of India or the State Government or any institution; (e) any donation from whatever source; (f) any amount raised by the Board from other soueces to augment the resources of the Board; (g) fee levied under the Scheme; (h) any other amount which, under the provisions of the Scheme shall be credited to the Fund. (3) The Fund shall vest in, and be administered by, the Board constituted under section 6. (4) The Fund may be utilised for all or any of the following purposes, namely:— (a) for payment of pension— (i) to a member who is unable to work due to infirmity or completed the age of sixty years; and (ii) to a person, who, before the commencement of this ActAct was a baamboo worker or kattuvalli worker or pandanus worker or self-employed person for a period of not less than three years and completed the age of sixty years or who suffers from permanent ailment or permanent diablement and is out of employment; (b) for the payment of family pension subject to the conditions specified in the Scheme; (c) for payment of financial assistance to amember who suffers from permanent disablement to the family of a member who died in accident; (d) for payment of loans or grants to women members to meet the expenses in connection with their marriage or to a member to meet the expenses for the marriage of children or for the expenses in connection with the death of a member or of a dependant or for the expenses for construction or maintenance of a house or for the purchase of a hose site or land with building for residential purposes; (e) to providde for maternity benefits to women menmbers engaged in bamboo or kattuvalli or pandanus leaf industry; (f) to provide for the bamboo workers, kattuvalli workers, pandanus leaf workers and self-employed person who are having membership of not less than one year in the Fund and members of their families— (i) mediacla expenses subject to the conditions and limitations specified in the Scheme; (ii) educational favcilities including scholarships at high school level and for higher education; (g) for payment of gratuity to a member, who has not less than five years of continuous service as abamboo, kattuvalli or pandanus leaf worker, on his retirement or in the event of permanent disablement due to ailment; (h) for implementation of any other purpose specified in the Scheme. (5) 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 (4) and in the Schedule. (6) Every 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 atotal period of fourteen days, which may be comprised in one session or in two sucessive 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, 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 previouly done under the Scheme. 4. Contribution to the Fund .—Every bamboo, kattuvalli and pandanus worker shall contribute to the Fund 2[fifteen rupees each per month]. (2) Every employer and every producer of bamboo products or kattuvalli products or pandanus leaf products shall, in respect of each bamboo or kattuvalli or pandanus leaf worker, contribute to the Fund 3[fifteen rupees per month]. (3) Every self-employed person shall contribute to the Fund 4[fifteen rupees each per month]. (4) The Government shall contribute to the Fund every year 5[an amount equal to seventy five percentage of the amount contributed] by the bammboo workers, kattuvalli workers and pandanus leaf workers and self-employed persons, by way of grant. (5) The Contribution shall be paid to the Chief Executive Officer or to any officer of the Board authorised by the Board in this behalf. (6) Every dealer shall contribute to the Fund an amount equal to one per cent of their sale proceeds in a year. (7) Every person receiving bamboo, rteeds, cane, kattuvalli or pandanus leaf as raw material from Government for their industrial purposes shall contribute to the Fund an amount equal to two per cent of the total cost of such raw material. 2 Substituted as per Act 23 of 2021 ( w.e.f 03-07-2020). 3 Ibid 4 Ibid 5 Ibid (8) Where the amount of contribution payable under this Act involves a fraction of a rupee the Scheme may provide for the rounding off of the fraction to the nearest rupee. 5. Modification of the Scheme. —(1) The Government may, by notification in the Gazette, add to, amend or vary 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, befor the Legislative Assembly, while it is in session for a toatal 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 fpllowing, the Legislative Assembly makes any modification in the notification or decides that 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 modifaication or annulment shall be without prejudice to the validity of anything previously done under that notification. 6. 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 “ Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund Board” for the administration of the Fund and supervise or carry out the activities financed from the Fund. (2) The Board shall be a body corporate by the name aforesaidhaving perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Board shall consist of such number of Directors not exceeding fifteen as may be appointed by the Government and thay shall be chosen in such manner, as may be prescribed: Provided that out of the total number of Directors one-third shll represent the bamboo, kattuvalli or pandanus leaf workers including self-employed persons and one-third shall represent the Government and the remaining one-third shall represent employers, dealers or producers of bamboo or kattuvalli or pandanus leaf products. (4) One of the Directors of the Board shall be appointed by the Government to be its Chairman. (5) The Government shall publish in the Gazette the names of the Chairman and the Directors of the Board. (6) The Board shall administer the Fund vested in it in such manner as may be specified in the Scheme. (70 The Board may, with the previous approval of the Government, delegate to the Chairman or to any Director of the Board or to the Chief Executive Officer or any other officer of the Board such of its powers and functions under this Act or the Scheme asd it may consider necessary for the efficient administration of the Fund, subject to such restrictions and conditions, if any, as it may specify. 7. Term of office of the Directors.—(1) A Director appointed under sub-section (3) of section 6 shall hold office for a period of three years. (2) Notwithstanding anything contained in section 8, the Government may, at any time, for reasons to be recorded in writing, remove fromoffice any Director of the Board, after giving him a reasonable opportunity of showing cause against the proposed removal: Provided that it sshall 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. (3) Any Director may resign his office by giving notice in writing to the government but shall continue in office until his resignation is accepted by the Government. 8. Removal of non-official Directors .— (1) The Government may, by notification in the Gazetten remove any non0-official Director of the Board from office,— (a) if he has, without the permission of the Board been absent from three consecutive meetings of the Board: Provided that such absence may be condoned by the Board on sufficiaent reassons before the publication of the notification in the Gazette; or (b) if he, in the opinion of the Government, is unsuitable or has become incapable of acting as a Director or has so abused his position as a Director as to render his continuance as such Director dtrimental to the public interest: Provided that before removing a Director under this sub-section he sall 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. (3) A non-official Director of the Board removed under clause (b) of sub-section (1), shall not be eligible for re-appointment until he is declared by an order of the Government to be no longer ineligible. 9. 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 under this Act. (2) Subject to the provision of sub-section (3), the method of appointment, salary and allowances, discipline 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 posts in the service under the Board to which appointment is made by direct recruitment,— (a) fifty per cent shall be reserved for appointmnet from among candidates belonging to the families of the bamboo, kattuvalli or pandanus leaf workers and self-employed persons; and (b) the other fifty per cent shall be filled up by following the procedure laid down in the kErala State and Subordinate Service Rules, 1958. 10. 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 Scheme. 11. Determination of amount due.— (1) The Chief Executive Officer or any any other officer authorised by the Board in this behalf may, after making such enquiry as may be necessary and after giving every person liable to pay contribution uner sub-section (1) of section 4 an opportunity to be heard, by order determine the amount due from every employer or dealer or producer of bamboo products or pandanus leaf products or kattuvalli products under the provisions of this Act or the Scheme. (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 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; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (3) Any enquiry under this section shall be deemed to be a judicail 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. (4) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal to the Labour Commissioner or an officer of the Labour Department not below the rank of a District Labour Officer authorised by him in this behalf and the Labour Commissioner or the officer authorised by him may, after making such enquiry pass such orders thereon as he thinks fit. (5) The Government may, either suo moto or on an application of the aggrievec person, call for the records of any proceedings of the Labour Commissioner or the officer authorised by himunder sub-section (4) , and make such enquiry and pass such orders as they deem fit: Provided that an application for revision under this sub-section shall be made within thirty 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 the person who may be affected thereby, an opportunity to be heard. 12. Provisional assessment and collection of contribution .—(1) Every employer or producer of bamboo products or kattuvalli products or pandanus leaf products liable to pay contribution under section 4 shall, pending determination of the amount due from him under section 11, pay on or before the 5 th day of each month an amount bequivalent to one twelfth of the amount payable annually by him according to the latest determination under the said section. 92) The contribution due from a bamboo or kattuvalli or pandanus leaf worker or a self- employed person for a month shall become payable on or before the 5 th day of the succeeding month. (3) Every dealer liable top pay contributuion under sub-section (6) of section 4 or every person liable to pay contribution under sub-section (7) of that section shall pay the contribution to the Fund in such manner and at such time as may be specified in the Scheme. (4) Where the contribution is not paid on or before the due date, the Chief Executive Officer or any officer of the Board authorised by it in this behalf, shall issue a notice to the defaulter showing the amount in arrears, and, if the amount is not paid within fifteen days of the receipt of such notice, it may be recovered in such manner as trhe Board may determine. (5) The amount paid under sub-section (1), by an employer or a producer of bamboo products or kattuvalli products or pandanus leaf products for a year shall be adjusted against the amount determined under section 11 for that year. 13. Mode of recovery of money due from members, employers, dealers and producers of bamboo, kattuvalli or pandanus leaf prioducts.—Any amount due from any member, employer, dealer or producer of bamboo products, kattuvalli products or pandanus leaf products or from any person referred to in sub-section (7) of section 4, in pursuance of the provisions of this Act or the Scheme may, if the amount is in arrears, be recovered with interest at the rate of nine per cent in the sam,e manner as arrears pf public revenue due on land or in such other manner as the Board may deem fit. 14. Priority of payment of contribution over other debts.—Where any employer, dealer or producer of bamboo or kattuvalli products or pandanus leaf products or any other person liable to apy contribution under section 4, is adjudicated as insolvent or in case such employer, dealer or producer is a company an order of winding up is made, the amount due from such employer or dealer or producer of bamboo products or kattuvalli products or pandanus leaf products or any other person under this Act or the Schem,e shall, where the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 64 of the Insolvency Act,1955 (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. 15. Employer not to reduce wages etc.—No employer or producer of bamboo products or kattuvalli products or pandanus leaf products shall, by reason only of his liability for the paymnent of any contribution to the Fund, reduce, whether, directly or indirectly, the wages of asnybbamboo worker or kattuvalli worker or pandanus leaf worker to whom the Scheme applies or the total quantum of benefits to which he is entitled under the terms of his employment, express or implied. 16. Directors of Board etc. to be public servants.—Every Director of the Board , the Chief Executive Officer and other officers and members of the staff of the Board appointed under sub-0section (1) of section 9 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code( Central Act 45 of 1860). 17. Penalty.—(1) Whoever, for the purpose of avoiding any payment to be made by him thi 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 statementor false representation, shall be punioshable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred 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 wioth imprisonment for a term which may extend to two months or with fine which may extend to four hundred rupees, or with both. (3) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishbale under this Act. (4) No court shall take cognisance of an offence punishable under this Act except on a report in writing of the facts constituting such offence made with the previous sanction of the Chief Executive Officer. 13. Offences by Companies.—(1)Where an offence under this Acthas been committed 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 wekllk as the company, shall be deemed to be guilty of the offence and shall be liable to be proiceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised 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 opffence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any officer of the company, such officer of the company shall be f=deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) “company” means any body corporate and includes a firm. A co-operative society or other association of individuals; (b) “Officer of the company” means the Managing Director,Director, Secretary, Treasurer or Manager of the company and includes the office bearers of afirm, a co-operative siciety or other assiociation of individuals. 19. Power to recover damages.—Where any person makes default in the payment of any contributuion to the Fund under this Act or the Scheme, the Board may recover from him damages not exceeding twenty-five per cent of the amount of arrears, as it may think fit to impose. 20. Protection of action taken in good faith.—No suit or other legal proceedings 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 the Scheme made thereunder. 21. Directions by the Government.—(1) The Gopvernment may, after consultation with the Board, give to the Board general directions, to be followed by the Board. (2) In the exercise of the powers and the performance of its duties under this Act the Board shall not depart from any general directions issued under sub-section(1), except with the previous permission of the Government. 22. Power to order inquiry.—(1) The Government may, at any time, appoint any officer to inquire into the working of the Board and to submit a report to the Government. (2) The Board shall give the officer so appointed, all facilities for the proper conduct of the inquiry and furnish to him, sucg documents, accounts and information in the possession of the Board, as he may require. 23. Power to supersede Board.—(1) If, on consideration of the report under section 22 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 provision of this Act or the Scheme or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the Board for such 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 explanations and objections, if any, made by the Board. (2) Upon the publication of a notificatiion under sub-section (1),— (a) all the Directors shall, as from the date od such publication, vacate their offices as such Disrectors; (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. (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 Governemnt shall reconstitute the Boarg in the manner provided in section 6. 24. Audit of accounts of the Board and appointment and remuneration of Auditors.—(1) The Government shall appoint auditors to audit the accounts of the Board. (2) The Board shall pay to the said auditors such remuneration as the Government may direct. (3) The accounts of the Board shall be examined and audited by such auditors, once in every year. 25. Annual report and audited statement of accounts.—(1) The annual report of the Board shall be prepared under the direction of the Board and after approval by the Board, a copy of the report together with an audited statement of accounts shall be submitted to the Government before the end of July every year. (2) The Government shall, as soon as the annual report is received, cause the same together with the audited statement of accounts to be laid on the table of the Legislative Assembly. 26. Bar of jurisdiction of civil courts.—No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act or the Scheme required to be settled , decided or dealt with or to be determined by the govvernment or the Bord or the Labour Commissioner or any officer authorised by the Labour Commisssioner or the Chief Executive Officer or any officer authorised by the Board. 27. Special provisions for transfer of accumulation from existing Welafare Funds.—The sums standing to the credit oa a 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 funds shall cease from such date. 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 decide 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 29. Repeal and saving .—(1) The Kerala Bamboo, Kattuvalli and Pandanus Leaf Workers’ Welfare Fund Ordinance, 1998 (11 of 1998), is hereby repealed. (2) Notwitstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. THE SCHEDULE [See Section 3(5)] Matters for which provisions may be made in the Scheme 1. Registration of bamboo, kattuvalli and pandanus leaf workers, self-employed persons, employers and dealers. 2. The time and manner in which contribution shall be made to the Fund by bamboo workers, kattuvalli workers, pandanus leaf workers, self-employes persons, employers, dealers, producers of bamboo products or pandanus leaf products or kattuvalli products and by or on behalf of the bamboo , kattuvalli and pandanus leaf workers, the contribution which a bamboo or pandanus leaf or kattuvalli worker and self-employed person may make under section 4 and the manner in which contribution may be recovered. 3. The time and manner in which contribution shall be made to the Fund by the persons liable to pay contribution under sub-section (7) of section 4. 4. The xonstitution of nay committee for assisting the Board. 5. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Government, the preparation of the budget, the audit of accounts and the submission of reports to the Government. 6. Thwe conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. 7. The form in which an employee shall furnish particulars about himself and his family. 8. The form in which a member shall furnish particulars about himself and his family. 9. The nomination of a person to receive any family pension 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 bamboo workers, pandanus leaf workers and kattuvalli workers and the returns to be furnished by the employers and producers of bamboo, kattuvalli or pandanus leaf products. 11. The form or design of any identity card, token or disc for the purpose of identifying any member of the Fund and for the 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 appointed under this Act. 14.The manner in which the sums transferred under sectiom 27 is to be brought and credited to the Fund. 15. The purposes for which the Fund may be utilised for the welfare of bamboo workers, kattuvalli workers, pandanus leaf workers, self-employed persons or their dependents. 16. The procedure for defraying the expenditure incurred in the administartion of the Fund. 17. The conditions and procedure for the payment of pension, financial assistance and medical benefit to the members, children or family as the case may be. 18. 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.
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