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The KERALA CULTURAL ACTIVISTS WELFARE FUND ACT, 2010

Kerala · state statute
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THE KERALA CULTURAL ACTIVISTS’ WELFARE FUND ACT,  2010
ACT 6 OF 2011
CONTENTS
Preamble.
Sections
1. Short title and commencement.
2. Definitions.
3.  The Kerala Cultural Activists’ Welfare Fund Scheme.
4.  Constitution of separate Schemes.
5. Modification of Scheme or Schemes.
6. Contribution to the Fund.
7. Membership.
8. Constitution of the Board.
9. Term of office of the Directors.
10. Resignation, removal and filling up of casual vacancies of nominated Directors of the 
Board.
11. Meetings of the Board.
12. Functions of the Board.
13. Appointment of Officers and Staff.
14. Power of the Board to borrow.
15. Directors of the Board, etc. to be public servants. 
16. Penalty.
17. Offences by company.
18.  Power to recover damages.
19. Protection of action taken in good faith.
20. Directions given by Government.
21. Power to order inquiry.
22. Power to supersede the Board.
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23. Audit of accounts of the Board, appointment and remuneration of auditors.
24. Annual report and audited statement of Accounts.
25. Bar of jurisdiction.
26. Removal of difficulties.
27. Power to make Rules.
28.Repeal and Saving.
SCHEDULE.
******
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[Translation  in  English  of   “ കേരള  സാംസ ്ക്കാരി  പ്രവർത്ത   കേമനിധി  ആ ്റ്റ്,  2010”
published under the authority of the Governor.]
 ACT 6 OF 2011
THE KERALA CULTURAL ACTIVISTS’ WELFARE FUND ACT,  2010*
An act to provide for the constitution of a Fund to grant relief to the cultural activists, to 
promote their welfare and to pay pension to those who engaged in various forms of
arts, literature and cultural activities 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
grand relief to the cultural activists who had or has been engaged in cultural activities and to
promote their welfare and to pay pension to them and for matters connected therewith or
incidental thereto;
BE it enacted in the Sixty-first Year of the Rebublic of India as follows:—
1.  Short title and commencement .—(1)This Act may be called the Kerala Cultural
Activists’ Welfare Fund Act, 2010.
(2) It shall come into force on such date as the Government may, by notification in
the Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Academy” means the Kerala State Chalachithra Academy, the Kerala Sahithya
Academy,  the  Kerala  Sangeetha  Nadaka  Academy,  the  Kerala  Lalithakala  Academy,  the
Folklore Academy and the Kerala Kalamandalam Deemed University established by the
Government of Kerala;
(b) “Board” means the Kerala Cultural Activists’ Welfare Fund Board constituted
under section 8;
(c) “Contribution” means the amount payable to the Fund under section 6;
(d) “Cultural activist” means any person engaged in any of the activities relating to
the field of cinema, electronic media, cable and Direct To Home network, drama, music,
kathakali, ganamela, mimics, literature, painting, sculpture, folklore, ritual arts, semi classical
arts, folk songs, make up, percussion arts, magic, circus, margamkali, chavittu nadakam,
cartoon,  poetic  story  presentation,  recitation  of  Holy  Books,  Bible  recitation,  Koran
recitation,  Mappilakalakal,  stage  decoration,  light  and  sound,  costume  design,  art  of
*Received the assent of the Governor on the  27th day of January, 2011 and published in the Kerala Gazette
Extraordinary No.944 dated 30th April, 2011.
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advertising, painting, compeering, photography or any person working as librarian in libraries
approved by the State Library Council or any person working in connection with any such
other form of art, literature, culture, cultural speech or any such other activities for their
livelihood or any person who was engaged or is being engaged in such other activities as
declared by Government, by notification in the Gazette, for the purposes of this Act;
(e)  “cultural  activity”  means  an  activity  performed  by  a  cultural  activist  and
recognized as such by the respective Academy or Organisations or Trade or such other Body
or Association approved by Government for the purposes of this Act, in which the activist is a
member;
(f)  “Chalachithra  Academy”  means  the  Kerala  State  Chalachithra  Academy
establised by the Government of Kerala;
(g) “family” means wife or husband, minor sons and unmarried daughters of a
cultural activist and includes in it his father, mother and mentally retarded or physically
handicapped or widowed daughters who are solely dependent upon him;
(h) “Folklore Academy” means the Kerala State Folklore Academy established by
the Government of Kerala;
(i) “Fund” means the Kerala Cultural Activists’ Welfare Fund constituted under the
scheme as provided in section 3 of the Act;
(j) “Government” means the Government of Kerala;
(k)  “Kalamandalam”  means  the  Kerala  Kalamandalam  Deemed  University
established  by  the  Government  of  Kerala  and  approved  by  the  University  Grants
Commission;
(l) “Lalithakala Academy” means the Kerala Lalithakala Academy established by the
Government of Kerala;
(m) “member” means a member of the Fund;
(n) “Nadaka Academy” means the Kerala Sangeetha Nadaka Academy established
by the Government of Kerala;
(o) “notification” means a notification published in the Kerala Official Gazette;
(p) “prescribed” means prescribed by rules made under this Act;
(q) “Sahithya Academy” means the Kerala Sahithya Academy established by the
Government of Kerala;
(r) “Scheme” means the Kerala Cultural Activists’ Welfare Fund Scheme framed
under section 3 of this Act;
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(s) “Schedule” means the Schedule appended to this Act;
(t) “Secretary” means the Secretary appointed under sub-section (1) of section 13 of
this Act;
(u) “State” means the State of Kerala;
(v) “Trade body” means an Association registered under the Societies Registration
Act, 1860 (Central Act  XXI of 1860) or the  Travancore-Cochin Literary, Scientific  and
Charitable Societies Registration Act, 1955 (12 of 1955).
3. The Kerala Cultural Activists’ Welfare Fund Scheme.—(1) The Government shall, by
notification in the Gazette, frame a Scheme to be called the Kerala Cultural Activists’ Welfare
Fund Scheme for the welfare of the cultural activists coming under this Act and thereafter, as
soon as, constitute a Fund in accordance with the provisions of this Act.
(2) The following shall be credited to the Fund under the Scheme or Schemes,
namely:—
(i) the contributions specified under section 6;
(ii) grants, loans, advances or donations made by the Government of India or the
State Government or the Local Authorities or any other Non-Governmental institutions or
Organisations or individuals;
(iii) fund raised  through lottery conducted in association with the State Lottery
Department;
(iv) the amount borrowed by the Board under section 14;
(v)the profit, interest, dividend on any investment or share made by the Board;
(vi) any fee collected by the Board under the Act or Rules or the Scheme;
(vii) any amount raised by the Board from any other source for augmenting the
amount in the Fund;
(viii)  amount  collected  by  the  Board  from  cinema  tickets  of  fare  exceeding
Rupees Twenty five;
(ix) arrear amount realised under section 18;
(x) the amount collected by conducting art and cultural programmes for raising
the Fund;
(xi) the amount collected from the subscribers of the D.T.H. Cable network at the
rate of one rupee.
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(xii) any other amount to be credited to the Fund under the provisions of the
Scheme.
(3) The Fund shall vest in the Board and be administered by the Board in accordance
with the provisions of the Act or the Rules or the Scheme.
(4)  The  Fund  shall  be  utilized  for  the  implementation  of  the  Welfare  Schemes
framed  under  sub-section  (2)  of  section  4,  particularly  for  all  or  any  of  the  following
purposes, namely:—
(a) for the payment of pension to any person who has completed sixty years of
age and obtained membership under the provisions of section 7;
(b) for the payment of all benefits including pension to the members who have
completed sixty years of age and contributed to the Fund for a period not less than five years
continuously or as one time payment;
(c) for the payment of family pension on the death of a member who had remitted
contribution for a period of not less than two years;
(d)  for  providing  financial  assistance  to  meet  the  expenses  towards  medical
treatment of the members suffering from chronic diseases;
(e) for payment of financial assistance and pension to a member who suffers from
permanent physical disability or physical infirmity which incapacitated him to do any work
for his livelihood;
(f) for payment of financial assistance to women members, for maternity benefits,
miscarriage,  medical  termination  of  pregnancy  and  sterilization,  who  had  remitted
contribution to the Fund continuously for more than three months;
(g) for payment of financial assistance for the marriage of women members and
their daughters who had remitted contribution to the Fund continuously for at least one year;
(h) for payment of financial assistance to the family on the death of a member;
(i) for the payment of loans or advances and scholarship for educational purposes
to the children of members, who had remitted contribution to the Fund for a period of five
years;
(j) for providing  loans or advances  or  maintenance  fund to members for the
promotion of cultural activity;
(k) for implementing any other purposes as may be specified in the Scheme.
(5) The terms and conditions for the payment to be made under clauses (a) to (k) of
sub-section (4) shall be such as  may be specified in the Schemes.
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(6) Subject to the provisions of this Act, the Scheme or Schemes framed under sub-
section (1) may provide for all or any of the matters specified in sub-section (4) and in the
Schedule.
(7) Each 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 next  session immediately
following, the Legislative Assembly makes any modification in the schemes or decides that
the Schemes should not be made, the Schemes 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 the
schemes.
4. Constitution of separate Schemes .— (1) The Government may, in consultation with
the Board and after previous publication, frame separate welfare Scheme or Schemes for any
class or classes of cultural activists and the said Scheme or Schemes shall be implemented in
accordance with the provisions of this Act.
(2) Each such Scheme under sub-section (1) shall vest in the Board constituted
under section 8 of this Act and the Board shall make provision for the constitution of separate
Welfare Funds for its administration.
(3) Save as otherwise provided and subject to other provisions of this Act, the
provisions including the matters which are specified in the Schedule to this Act, applicable to
the Scheme constituted under section 3, shall mutatis mutandis  be applicable to the Scheme
framed under sub-section (1).
5. Modification of Scheme or Schemes .—(1) The  Government may, by notification in
the Gazette, modify or add to or omit or vary any Scheme framed under section 3 of this Act.
(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 Assmebly agrees in making any modification in the said 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.
6.  Contribution to the Fund .—(1) Every member other than those specified in sub-
section (2) of this section shall contribute to the Fund at the rate of rupees fifty per month.
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(2) Every producer, director, editor, lyricist, director of Photography, distributor,
actor of cinema, actor of serials in television, owners of studios and labs and owners of
theatres shall contribute to the Fund at the rate of rupees two hundred per month.
(3) Any member referred under sub-section (1) or  (2) may remit their one year’s
contribution as one time payment.
(4) The Government shall contribute to the fund by way of grant every year an
amount equal to two per cent of the  total contribution under sub-sections (1) and (2).
(5) The remittance towards the Fund and payments from the Fund shall be in such
manner and subject to such terms and conditions as may be prescribed.
(6) The Government may, by notification, revise the rate of contribution specified in
sub-sections (1) and (2) once in three years taking into account the amount needed for the
implementation of the Scheme.
7. Membership.—(1) Every cultural activist who has completed eighteen years of age
but not completed sixty years of age shall be eligible for registering as a member of the Fund:
Provided that  any cultural activist who has completed sixty years  of age shall be
eligible for registering as a member of the Fund by remitting five year's contribution as one
time payment:
Provided further that such cultural activist shall produce a recommendation certificate
from the respective Academy or Trade body or any such other body or association approved
by the Government to which he relates to the effect that he is a cultural activist within the
meaning of this Act, as a pre-requisite for getting membership in the Fund under this Act:
Provided also that a cultural activist who is engaged in more than one cultural activity
as defined in this Act shall have to opt anyone of the Academy or Trade body or such other
body or association approved  by the Government for membership in the Fund and such
option once exercised shall be final.
(2) Every cultural activist eligible to register under sub-section (1) shall, if he
wishes to do so, register his name in the Fund in the manner as specified in the Scheme.
(3) Notwithstanding anything contained in sub-section (1), a cultural activist who
has completed sixty years of age prior to the commencement of this Act and the Schemes
made thereunder shall register his name in the Fund within such period and in such manner as
may be specified in the Scheme, for receiving minimum pension.
8.  Constitution of the Board .—(1) The Government may, by notification, constitute
with effect from such date as may be specified therein, a Board to be called “the Kerala State
Cultural Activists' Welfare Fund Board” for the administration and management of the Fund
and to supervise and carry out the activities financed from the Fund.
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(2) The Board shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal and shall in the said name sue and be sued.
(3) The Head Office of the Board shall be at Thiruvananthapuram.
(4) The Board shall consist of twenty two Directors as hereinafter provided:—
(a) six members to be nominated by the Government representing the field of
cinema and drama of whom two shall be women;
(b) two members to be nominated by the Government representing the field of
electronic media of whom one shall be a woman;
(c) four members to be nominated by the Government representing the field of
art, literature and music of whom two shall be women;
(d) the Secretary to Government, Cultural Affairs Department, ex-officio;
(e) one member not below the rank of Joint Secretary representing the Law
Department, ex-officio;
(f) one member not below the rank of Joint Secretary representing the Finance
Department, ex-officio;
(g) the Secretary, Chalachithra Academy, ex-officio;
(h)  the  Managing  Director,  Kerala  State  Film  Development  Corporation,  ex-
officio;
(i) the Secretary, Kerala Folklore Academy, ex-officio;
(j) the Secretary, Kerala Sahithya Academy, ex-officio;
(k) the Secretary, Kerala Sangeetha Nadaka Academy, ex-officio;
(l) the Secretary, Kerala Lalithakala Academy, ex-officio;
(m) the Registrar, Kerala Kalamandalam, ex-officio.
(5) The Government may appoint one of the Directors of the Board as the Chairman.
(6) The Government shall publish in the Gazette the names of the Chairman and the
Directors of the Board.
(7) The Board shall administer the Fund vested in it in such manner as may be
specified in the Scheme under which the Fund has been constituted.
(8) The Board shall, in exercise of its powers and discharge of its functions, be
bound by such directions as may be issued by the Government from time to time.
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(9) The Board may, with the previous approval of the Government and subject to
such restrictions and conditions, as may be specified by the Board, delegate to the Chairman
or to any member or to the Secretary or any other officer of the Board, such of its powers and
functions under  this Act  or the Schemes, as it may  consider necessary  for the efficient
administration of the Fund.
(10) Four separate sub-committees consisting of a Chairman and two members
shall be constituted for the smooth functioning of the Fund in the following fields and the
sub-committees  so  constituted  shall  submit  recommendations  for  the  Schemes  in  the
respective fields,
(a) literature, culture, etc.
(b) music, drama, drawing, folklore, etc.
(c) cinema;
(d) electronic media and art.
9. Term of office of the Directors .—(1) The Directors nominated under section 8 shall
hold office for a periof of four years:
Provided that there shall be no disqualification for a Director who has completed his
term of office to hold office for a further term.
10. Resignation, removal and filling up of casual vacancies of nominated Directors of
the Board.—(1) The Chairman or any Director of the Board may resign his office by giving
one month notice in writing to the Government and his resignation shall come into force on
the date of receipt of the letter of resignation by the Government.
(2) The Government may, at any time for reasons to be recorded in writing, remove
from office the Chairman or 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 where 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 casual vacancy in the office of the Director referred under sub-section (1)
shall be filled up within a period of three months and the Director so nominated to fill such
vacancy shall hold office only for the remaining period of the term of his predecessor.
(4) The Chairman or Director resigned under sub-section (1) shall not be eligible for
reappointment to the Board unless otherwise ordered by the Government.
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(5) The salary and other conditions of service including the travelling allowances for
journeys performed in official duties by the Chairman and other Directors shall be such as
may be prescribed.
11. Meetings of the Board.—(1) The Board shall meet at such place and time as may be
specified by the Chairman at least once in two months or more, if found necessary, and
transact its business in such manner as may be prescribed.
(2) The quorum for the meeting of the Board shall be one third of the Directors of
the Board.
12.  Functions  of  the  Board.—The  Board  shall  perform  the  following  functions,
namely:-
(a) to administer the affairs of the Fund vested in it as laid down in the Scheme or
Schemes under which the Fund is constituted;
(b) to provide necessary inspiration, support and encouragement to those engaged in
the fields of art, literature and culture as may be specified in the Scheme;
(c) to formulate Schemes for the relief and welfare of the cultural activists engaged
in different activities in the field of art, literature and culture for livelihood;
(d)  to  maintain  properly  the  accounts  and  registers  in  such  manner  as  may  be
prescribed;
(e)  to  prepare  the  general  guideline,  necessary  for  the  welfare  of  the  activists
engaged in the field of art, literature and culture, etc. ;
(f) to recommend the Government for taking decision on such matters arising out of
the administration of this Act;
(g) to submit the audited annual financial statement and report of the Board to
Government in such manner and within such time as may be prescribed;
(h) to undertake such other functions which are assigned to it by the Government
from time to time;
13. Appointment of Officers and Staff.— (1) The  Government  may,  appoint  a
Secretary and such number of other officers and staff as it deems necessary to assist the
Board in the performance of its functions and discharge of its powers under this Act, Rules
and the Schemes framed thereunder.
(2) The Secretary shall be the Chief Executive Authority of the Board and have the
powers and duties as may be prescribed.
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(3) The method of appointment, salary, allowances and other conditions of service of
the Secretary and other officers and staff appointed under sub-section (1) shall be such as
may be prescribed.
14.  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.
15. Directors of the Board, etc. to be public servants .— Every Director of the Board
appointed under sub-section (4) of section 8 and the officers and staff appointed under sub-
section (1) of section 13 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).
16. Penalty.—(1) Any person who for the purpose of avoiding any payment to be made
by him  under  this  Act  or the Schemes or for enabling  any  other  person to avoid such
payment, knowingly makes or causes to be made any false statement or false representation,
shall be punishable with imprisoment 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 the Schemes shall, if no other penalty is elsewhere provided by or
under this Act for such contravention or non-compliance, be punishable with fine which may
extend to four thousand rupees.
(3) No court shall take cognizance of any offence punishable under this Act except
on a report of the Secretary in writing of the facts constituting such offence.
(4) No court inferior to that of a Judicial Magistrate Court of the First Class shall
try any offence punishable under this Act.
17. Offences by company .— (1) Where an offence under this Act has been committed
by a company, every person, who at the time when the offence was committed was in charge
of, and was responsible to the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and shall liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this 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 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 any willful negligence 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 liable to be punished accordingly.
Explanation.—For the purpose of this section,—
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(a) ‘Company’ means a company defined under section 3 of the Companies Act,
1956 (Central Act 1 of 1956) and includes a firm, 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 a firm or Co-operative Society or
other association of individuals;
(c) ‘Director’ in relation to a firm or establishment means a partner in that firm.
18. Power to recover damages .— Where any person makes default in the payment of
any contribution to the  Fund under this Act or the Rules or the Schemes, the Board may
recover from him the arrear amount with interest at such rate as may be fixed by Government
from time to time as if it were arrears of revenue due on land.
19.  Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal
proceeding shall lie against  the Chairman or any Director of the Board or officer of the
Board for anything which is in good faith done or intended to be done under this Act or under
the Schemes.
20.  Directions  given  by  Government.—(1)  The  Government  may,  give  general
directions to the Board to be followed by the Board.
(2)  The  Board,  except  with  the  previous  permission  of  the  Government,  while
exercising the powers and performing its duties under this Act, shall not deviate from any
general directions given under sub-section (1).
21. Power to order inquiry.—(1) The Government may, at any time, appoint an officer
not below the rank of Joint Secretary to Government to inquire into the working of the Board
and to submit the 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.
22. Power to supersede the Board .—(1) If, after consideration of the report under sub-
section (1) of section 21 or otherwise, the Government are of the opinion that the Board,—
(a) is unable to perform the functions imposed on it; or
(b) has persistently made default in the performance of the duties imposed on it
by or under the provisions of the Act or Rules or Schemes; or
(c) 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:
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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) Upon 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 such Directors;
(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 or owned or controlled by 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 the manner
provided under section 8.
23.  Audit of accounts of the Board, appointment and remuneration of auditors .—(1)
The accounts of the Board shall, with the approval of Government, be audited by an auditor
appointed by the Government.
(2) Such auditor shall audit the accounts of the Board once in every year.
(3) The salary of such auditors appointed under sub-section (1) shall be such as may
be prescribed by the Government and shall be paid from the  Fund of the Board.
24.  Annual report and audited statement of Accounts .—(1) The annual report of the
Board shall be prepared by the Secretary, and submitted to the Board for approval.  A copy of
the  report  together  with  the  audited  statement  of  accounts  shall  be  forwarded  to  the
Government before the end of July every year.
(2) The Government shall, as soon as the annual financial statement and annual
report is received, be laid before the Legislative Assembly.
25. Bar of jurisdiction .— No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of anything done, any action taken under this Act or order or direction
issued by the Government or the Board or any other authority or officer in pursuance of any
power conferred on or in relation to its or his function under this Act.
26.  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 such
provision not inconsistent with the provisions of this Act as appears to it be necessary for the
purpose of removing the difficulty:
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Provided that no such order shall be made after the expiry of a period of two years from
the commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be after such
order is made before the Legislative Assembly.
27. Power to make Rules.— (1) The Government may, by notification, make rules 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 no effect, as
the case may be, so however, that any such modification or annulment shall be without
prejudice in the validity of anything previously done under that rule.
28. Repeal and Saving.—(1) The Kerala Cultural Activists’ Welfare Fund Ordinance,
2010 (55 of 2010) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
SCHEDULE
[See sub-section (6) of section 3]
MATTERS FOR WHICH PROVISIONS MAY BE MADE IN THE SCHEME
1. Registration of cultural activist in the Fund.
2. The time, manner and other terms and conditions of contributions be made in the
Fund by or on behalf of the members.
3. The matters to be included  in the Welfare Scheme or Schemes to be framed under
sections 3 and 4.
4. 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
Government.
5. The 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.
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6. The form in which a member of the Fund shall furnish particulars about himself and
his family, whenever required.
7. The nomination of a person to receive any family pension of a member on his death
and cancellation or verification of such nomination.
8. The manner and the terms and conditions for collecting the amount by the Board on
cinema tickets of fare exceeding rupees twenty five.
9. 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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