LexThe KERALA TAILORING WORKERS WELFARE FUND ACT 1994
Kerala · state statute
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THE KERALA TAILORING WORKERS’ WELFARE FUND ACT, 1994
(ACT 16 OF 1994)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Tailoring Workers’ Welfare Fund Scheme.
4. Registration of tailoring worker as member.
5. Cessation of membership.
6. Maintenance of register by employer.
7. Contribution to the Fund.
8. Modification of the Scheme.
9. Constitution of Board.
10. Term of Office of the Directors.
11. Removal of non-official Directors.
12. Appointment of officers and staff.
13. Determination of the amount due.
14. Provisional assessment and collection of contribution.
15. Forfeiture of membership in case of non-payment of contribution.
16. Mode of recovery of money due from self employed persons and employers.
17. Priority of payment of contribution over other debts.
18. Employer not to reduce wages etc.
19. Closure of accounts.
20. Directors of Board etc. to be public servants.
21. Penalty.
22. Enhanced punishment for second or subsequent offence.
23. Offences by companies.
24. Power of the Board to borrow.
25. Power to recover damages.
26. Protection for acts done in good faith.
27. Directions by Government.
28. Power to order inquiry.
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29. Power to supersede Board.
30. Audit of accounts of the Board.
31. Annual report and audited statement of accounts.
32. Bar of jurisdiction of Civil Courts.
33. Special provisions for transfer of accumulations from Welfare Fund Scheme.
34. Power to make rules.
SCHEDULE.
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[Translation in English of the Kerala Tailoring Workers’ Welfare Fund Act, 1994, published
under the authority of the Governor].
THE KERALA TAILORING WORKERS’ WELFARE FUND ACT, 1994*
(ACT 16 OF 1994)
An Act to provide for the constitution of a Fund to grant relief to, to promote the welfare
of, and to pay pension to tailoring workers and self-employed persons in tailoring
work 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 tailoring, workers, and
self-employed persons in tailoring work in the State of Kerala and for certain other
matters incidental thereto;
BE it enacted in the Forty-fifth year of the Republic of India as follows:-
1. Short title, extent and commencement.-(1) This Act may be called the Kerala
Tailoring Workers’ Welfare Fund Act, 1994.
2. It extends to the whole of the State of Kerala.
3. 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) “Board” means the Kerala Tailoring Workers’ Welfare Fund Board
constituted under section 9;
(b) “Chief Executive Officer” means the Chief Executive Officer appointed
under sub-section (1) of section 12;
(c) “Contribution” means the sum of money payable to the Fund under
section 7;
(d)“employer” means any person who employs, directly or indirectly or
whether on behalf of himself or for any other person, one or more tailoring workers to do
any work in connection with the various processes in tailoring or embroidery work or 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);
(e) “family” means,-
(i) husband/wife of the tailoring worker or self-employed person, and their
minor children;
(ii) father and mother who are dependent on the tailoring worker or self
employed person;
(f)“Fund’ means the Tailoring Workers’ Welfare Fund established under
section 3 and the Scheme;
* Received the assent of Governor on 14 th June, 1994 and published in the Kerala Gazette Extraordinary No.
610 dated 14.06.1994. Translation in English published in the Kerala Gazette Extraordinary No. 1254 dated
13.12.1995.
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(g) “member” means a person registered in the welfare fund and who is paying
contribution under section 7 to the Fund;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “schedule” means the Schedule to this Act;
(j) “scheme” means a scheme framed under this Act;
(k) “self-employed person” means a person who engages himself in the
processes of tailoring or embroidery work with or without the assistance of machine and
depends mainly on tailoring work for his livelihood;
(l) “tailoring worker” means any person who is employed for wages to do any
work in connection with the various processes in tailoring work or embroidery work, with
or without the assistance of machine, and who gets his wages directly or indirectly from
the employer and includes any person employed by or through a contractor or through an
agent and depends mainly on tailoring or embroidery work for his livelihood and any
other person engaged in tailoring or embroidery work whom the Government may by
notification in the Gazette, from time to time, declare to be a tailoring worker for the
purposes of this Act;
(m) “year” means the financial year.
3. Tailoring Workers’ Welfare Fund Scheme .- (1) The Government may, by
notification in the Gazette, frame a scheme to be called “the Kerala Tailoring Workers’
Welfare Fund Scheme” for the establishment of a Fund under this Act for the welfare of the
tailoring workers and self employed persons in tailoring work and there shall be established,
as soon as may be after the framing of the scheme, a Fund in accordance with the provisions
of this Act and the scheme.
(2) There shall be credited to the Fund,-
(a) the contributions specified under section 7;
(b) the amount borrowed by the Board under section 24;
(c) damages realized under section 25;
(d) grants or loans or advances made by the Government of India or
the State Government or any institution;
(e) any donations from whatever source;
(f) any amount raised by the Board from other sources 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 9.
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(4) The Fund may be utilized for all or any of the following purposes,
namely:-
(a) for payment of pension,-
(i) to a member who is a member at least for three years and unable to
work due to infirmity or has completed the age of sixty years, and
(ii) to a person who before the commencement of this Act was a tailoring
worker or a self-employed person for a period of not less than three years and has completed
age of sixty years and who suffers from permanent disablement;
(b) for payment of family pension;
(c) for payment of the retirement benefits as may be specified in the scheme;
(d) for payment of financial assistance to a member who suffers
from permanent disablement;
(e) for payment of loans or grants to a member to meet expenses for the
marriage of daughter; or for expenses in connection with the death of a dependent or for
expenses for construction or maintenance of house;
(f) to provide for maternity benefits to women workers;
(g) to provide for the tailoring workers, self-employed persons and members of
their families, medical facilities and educational facilities including higher education;
(h) for payment of loan for the purchase of tailoring machines or accessories;
(i) for 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) The Scheme 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, the scheme shall thereafter have effect
only in such modified form; so however that any such modification shall be without
prejudice to the validity of anything previously done under the scheme.
4. Registration of tailoring worker as member. —(1) Every tailoring worker or
self employed person who has completed 18 years of age, but has not completed 60 years
of age, who is not a member of any other Welfare Fund Scheme established under any
law for the time being in force and who has been engaged in the tailoring for embroidery
work for not less than three years shall be eligible for registration as a member under this
Act and the scheme.
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(2) An application for registration shall be made, in such form as may be
prescribed, to the officer authorized by the Chief Executive Officer in this behalf in whose
jurisdiction the applicant resides.
(3) Every application shall be accompanied by such documents together with the
fee for registration as may be specified in the scheme.
(4) If the officer authorized under sub-section (2) is satisfied that the applicant
has complied with the provisions of this Act and the Scheme, he may register the name of
the tailoring worker:
Provided that an application for registration shall not be rejected without
giving the applicant an opportunity of being heard.
(5) Any person aggrieved by the decision under sub-section (4) may, within such
time as may be specified in the scheme, prefer an appeal to the Chief Executive Officer or
any other authority as may be specified by the Government in this behalf and the decision
of the Chief Executive Officer or of such other authority on such appeal shall be final.
(6) The Chief Executive Officer shall cause to maintain the registers as prescribed
in this behalf.
5. Cessation of membership.- Subject to the provisions of this Act, a tailoring
worker shall cease to be a member when he is not engaged in tailoring or embroidery
work for not less than two years:
Provided that if the Chief Executive Officer is convinced on an application made
by the tailoring worker within such time and subject to such conditions as may be
prescribed that a member could not engage himself in tailoring and embroidery work for
sufficient reasons, his membership shall be restored.
6. Maintenance of register by employer .-Every employer shall maintain a register
in the prescribed form showing the details of employment of registered tailoring workers
employed in the tailoring or embroidery work undertaken by him and the same may be
inspected without prior notice by the Chief Executive Officer or any other officer
authorized by him.
7. Contribution to the Fund. – [(1) Every tailoring worker and every self employed
person shall contribute to the Fund fifty rupees each per month and every employer, in
respect of each of tailoring worker engaged by him, shall contribute twenty five rupees
per month.]1
[(2) Every employer shall, along with the amount of monthly contribution in
respect of each tailoring worker engaged by him, pay to the Fund seventy five rupees
including the amount of the worker's contribution:
Provided that workers employed by the employer may remit the contribution
by themselves, if they are prepared to remit it by themselves. In the case of such workers, it is
sufficient for the employer to pay, employer's contribution only.]2
1. Substituted by Act No. 28 of 2021(w.e.f. 21.04.2020).
2. Substituted by Act No. 28 of 2021(w.e.f. 21.04.2020).
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(3) The amount which has been remitted by the employer as contribution of a tailoring
worker, can be deducted from the salary of the tailoring worker notwithstanding any contract
to the contrary but shall not be so deducted in any other manner.
(4) The Government shall contribute to the Fund every year by way of grant an
amount equal to ten per cent of the contribution paid by tailoring workers and self-
employed persons in a year:
[Provided that where the amount of monthly contribution increases above ten
rupees, the Government have no liability to provide grant to the Fund in proportion to
such increase.]3
(5) The contribution shall be paid to the Chief Executive Officer or to any officer
of the Board authorized by the Board or in any other manner as may be decided by the
Board in this behalf.
(6) The amount of contribution collected shall be deposited in the Treasury
Savings Bank Account of the State or in a nationalized bank or scheduled bank or co-
operative bank.
8. 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, 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 agrees in making 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 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.
9. Constitution of Board. - (1)The Government may, by notification in the Gazette,
constitute, with effect from such date as may be specified therein, a Board to be called “the
Kerala Tailoring Workers’ Welfare Fund Board” for the administration of the Fund and to
supervise or carryout the activities financed from the Fund.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual
succession and common seal and shall by the said name sue and be sued.
(3) The Board shall consist of fourteen Directors nominated by Government as
hereinafter provided;-
(i) six persons representing the tailoring workers and self-employed persons; one of
whom shall be from scheduled caste-scheduled tribe and one shall be a woman;
(ii) four persons representing the employers;
3. Inserted by Act No. 35 of 2008(w.e.f. 03.01.2008).
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(iii) four persons representing the Government.
(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.
(7) The Board may, with the previous approval of the Government, delegate to the
Chairman or to the Chief Executive Officer or an officer appointed under sub-section (1)
of section 12 such of its powers and functions under this Act or Scheme as it may
consider necessary for the efficient administration of the Fund, subject to such restrictions
and conditions, if any, as it may specify.
10. Term of Office of the Directors . – (1) A Director appointed under sub-
Section (3) of section 9 shall hold office for a period of three years.
(2) Notwithstanding anything contained in section 11, the Government may, at
any time, for reasons to be recorded in writing remove from office any Director of the
Board 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 reason 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 membership by giving notice in writing to the
Government and his resignation shall be deemed to have come into force on the date of
the letter of resignation.
11. Removal of non-official Directors. - (1) The Government, may, by notification
in the Gazette, remove any non-official Director of the Board from office,-
(a) if he has, without the permission of the Board, been absent for
three consecutive meetings of the Board:
Provided, however, that such absence may be condoned by the Board before
the publication of the notification in the Gazette;
(b) If in the opinion of the Government, he 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 detrimental to the public interest:
Provided that, before removing a Director under this sub-section, he shall be
given a reasonable opportunity to show cause why he should not be removed.
(2) A non-official Director of the Board removed under clause (a) of sub-
section (1), shall be disqualified for re-appointment as a Director of the Board for a
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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.
12. Appointment of officers and staff .-(1) The Government may appointment 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 provisions 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.
(3) In the case of posts in the service under the Board to which appointment
is made by direct recruitment, the Government shall mutatis mutandis observe the
provisions of clauses (a), (b) and (c) of rule 14 and the provisions of rules 15,16,17
and 17A of the Kerala State and Subordinate Service Rules, 1958 as amended from
time to time.
13. Determination of the amount due .- (1) The Chief Executive Officer or any
other officer authorized by the Board in this behalf may, after making such enquiry
as may be necessary and after giving every person liable to pay contribution under
section 7, an opportunity to be heard, by order, determine the amount due from
every employer 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 for 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 judicial
proceeding within the meaning of sections 193 and 228 of 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 not below the rank of the District Labour Officer
authorized by him in this behalf and the Labour Commissioner or the officer
authorized by him may, after making such enquiry, pass such orders thereon as he
thinks fit.
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(5) The Government may, either suo-motu or on an application of the aggrieved
person, call for the records of any proceedings of the Labour Commissioner or the
officer authorized by him under 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 of being heard.
14. Provisional assessment and collection of contribution .-(1) Every employer
liable to pay contribution under section 7 shall, pending determination of the amount due
from him under section 13 pay on or before the 10th day of each month an amount
equivalent to one-twelfth of the amount payable annually by him under the said section.
(2) The contribution due from a self-employed person for a month shall become
payable on or before the 5th day of the succeeding month.
(3) Where the contribution under sub-section (1) is not paid on or before the due
date, the Chief Executive Officer or any officer of the Board authorized by it in this
behalf, shall issue a notice to the employer 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
the same manner as arrears of public revenue due on land.
(4) The amount, paid under sub-section (1) by an employer shall be adjusted against
the amount determined under section 13 for that year.
15. Forfeiture of membership in case of non-payment of contribution.—Where a
member has not paid his contribution under sub-section (1) of section 7 for a continuous
period of not less than one year, his membership shall automatically stand cancelled:
Provided that if the Chief Executive Officer is satisfied that the non-payment of
contribution was on reasonable grounds, he may revive the membership of the defaulter
on payment of arrears of contribution in the manner as may be specified in the scheme.
16. Mode of recovery of money due from self employed persons and employers.- Any
amount due from the self-employed persons and employers in pursuance of the
provisions of this Act or the Scheme may, if the amount is in arrears, be recovered in the
same manner as an arrear of public revenue due on land.
17. Priority of payment of contribution over other debts .-Where any employer, liable
to pay contribution under section 7 is adjudicated as insolvent or in case such employer is
a company, an order of winding up is made, the amount due from such employer under
this Act or the Scheme shall, where the liability therefore 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 1of 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.
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18. Employer not to reduce wages etc.-No employer shall by reason only of his
liability for the payment of any contribution to the Fund, reduce whether directly or
indirectly the wages of any tailoring worker to whom the scheme applies or the total
quantum of benefits to which the tailoring worker is entitled under the terms of his
employment, express or implied.
19. Closure of accounts .– (1) The amount outstanding in the account of a member
shall be returned to him when he ceases to be a member under section 5 or section 15.
(2) In case a member does not wish to continue his membership the amount
outstanding in his account shall be returned to him upon his application, in the manner
prescribed.
20. 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 this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (Central Act 45 of 1860).
21. Penalty.– (1) A person who, for the purpose of avoiding any payment to be made
by him under this Act or under the scheme, or of enabling any other person to avoid such
payment, knowingly makes or causes to be made any false statement or false
representation, shall be punishable 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) A person who contravenes or makes default in complying with any of the
provisions of this Act or of the scheme shall, if no other penalty is elsewhere provided by
or under this Act, for such contravention or non-compliance, be punishable with
imprisonment for a term which may extend to 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 punishable under this Act.
(4) No court shall take cognizance of any offence punishable under this Act except
on a report in writing of the facts constituting such offence made with the previous
sanction of the Chief Executive Officer.
22. Enhanced punishment for second or subsequent offence . — Whoever, having been
convicted by a Court, of an offence punishable under this Act, again commits the same
offence, shall be punishable for every such subsequent offence with imprisonment for a
term which may extend to one year, but which shall not be less than three months or with
fine which may extend to four thousand rupees:
Provided that the Court may, for any adequate and special reason to be recorded in
the judgement; impose a sentence of imprisonment for a term of less than three months.
23. Offences by companies.–(1) Where an offence under this Act has been committed
by a company, every person who at the time that offence was committed was in charge of
and was responsible to the company for the conduct of the business of the Company, as
well as the Company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
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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 all due deligence 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 neglect on the
part of any officer of the Company, such officer of the Company shall be deemed to be
guilty of that offence and shall be 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, 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 a firm, co-
operative society or other association of individuals.
24. 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.
25. Power to recover damages. - Where any person makes default in the payment of
any contribution to the Fund under this Act or the Scheme, the Board may recover from
him damages not exceeding twenty-five percent of the amount of arrears as it may think
fit to impose.
26. Protection for acts done in good faith .—No suit or other legal proceeding shall lie
against any Director of the Board or any other person in respect of anything which is in
good faith done or intended to be done under this Act or under this Scheme.
27. Directions by Government .-(1) The Government may, after consultation with the
Board, give to the Board, general directions to be followed by the Board.
(2) In the exercise of its powers and 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.
28. Power to order inquiry .-(1) The Government may, at any time, appoint an officer
not below the rank of a Joint Secretary to Government to enquire into the working of the
Board and to submit a report to the Government.
(2) The Board shall give the person so appointed, all facilities for the proper
conduct of the inquiry and furnish to him such documents accounts and information in the
possession of the Board as he may require.
29. Power to supersede Board .—(1) If, on consideration of the report under section
28 or otherwise, the Government are of opinion that the Board has persistently made
default in the performance or the duties imposed on it by or under the provisions of this
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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, of the Board.
(2) Upon the publication of a notification under sub-section (1),—
(a) all the 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;
(c) all funds and other properties vested in the Board shall, during the period
of supersession, vest in the Government.
(3) On the expiration of the period of supersession specified in the notification issued
under sub-section (1), the Government shall reconstitute the Board in the manner provided in
section 9.
30. Audit of accounts of the Board . — (1) The Board 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 once in every year
by such auditors.
31. Annual report and audited statement of accounts . — (1) The Annual report of the
Board shall be prepared by the Chief Executive Officer under the direction of the Board
and after approval by the Board, a copy of the report together with an audited statement of
accounts shall be submitted to 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 in the immediately following
session of the Legislative Assembly.
32. 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
Government or the Board or the Chief Executive Officer or any other officer appointed
under section 12.
33. Special provisions for transfer of accumulations from Welfare Fund Scheme . –
(1) The sums standing to the credit of a member in any existing welfare fund on the date
of commencement of this Act shall stand transferred to and credited to the fund
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established under this Act and the liability of such member to pay contribution to such
welfare funds shall cease from such date.
(2) When the amount standing to the credit of a member of any existing
welfare fund is transferred to the welfare fund constituted under this Act, action shall be
taken recognizing the seniority of the said member in the former scheme.
34. 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 however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
SCHEDULE
[See section 3 (5)]
Matters for which provision may be made in the Scheme.
1. Registration of tailoring workers and self-employed persons.
2.The time and manner in which contribution shall be made to the fund by tailoring
workers, self-employed person and employees under section 7 and the manner in which
contribution may be recovered.
3.The manner in which the tailoring workers contribution may be recovered by the
employers.
4. The constitution of any 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 direction 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. 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.
7. The form in which a member shall furnish particulars about himself and his family
whenever required.
8. The nomination of a person to receive any family pension of a member on his death
and the cancellation or variation of such nomination.
9. The registers and records to be maintained with respect to tailoring workers and the
returns to be furnished by the employers.
10. The form or design of any identity card for the purpose of identifying any member of
the fund and for issue, custody and replacement thereof.
11. The fees to be levied for any of the purposes specified in the schedule.
15
12. The further powers, if any, which may be exercised by the officers appointed
under the Act.
13. The manner in which the sums transferred under section 33 to be brought and
credited to the fund.
14. The purposes for which the fund may be utilized for the welfare of tailoring
workers, self employed person or their dependents.
15. The procedure for defraying the expenditure incurred in the administration of the
Fund.
16. The procedure for paying pension, family pension, death cum-retirement benefits,
grants or advances from the fund.
17. 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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