(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in chargelof, 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:
Provxded 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 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 neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explamtion.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
19. Directions by Government—(1) The Government may, after consultation with the Board, give to the Board general instructions 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 instructions issued under sub-section (1), except with the previous permission of the Government. .
'20. Power to order inquiry—(1) The Government may, at any time, appoint any person to inquire 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.
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21. Power to supersede the Board—(1) If, on consideration of the report under section 20 or otherWise, the Government are of opinion that the Board has persistently made default in the performance of the duties imposed on it by or under the provisions of this Act or the scheme or has exceeded or abused its powers, the Governmcnt 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 subsection (1),—
(a) all the Directors of the Board shall, as from the date of such publication, vacate 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 supersossion, vest in the Government.
(3) 0n the expiration of the period of superscssion the Government shall reconstitute the Board in the manner provided in section 6.
22. Protection of action taken in good faith—No suit or other legal proceeding shall lie against any Director of the Board or the Chief Executive Officer or any other person in respect of anything which. is in good faith done or intended to be done under this Ac)”;
or any rule made thereunder or under the scheme.
23. Bar of jurisdictwn of ciml 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 sub-section (i) of section 7.
24. Special provisions for transfer and posting of welfare fund mfabltshed by custom or agreement—A11 welfare funds established either by custom or agreement before the date of commencement of this Act and standing to the credit of the employees on such date M— m L_ _ _4 ‘4 145 shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument, stand transferred to, and vest in the Fund established under section 3 and shall be credited to the accounts of the employees entitled thereto in the Fund.
25. Power to make rules—(1) The Government may, by notification in the Gazette, make rules for the purpose of cariying 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 prevxously done under that rule.
26. Repeal and Saving—(1) The Kerala Motor Transport Workfrs’ Welfare Fund Ordinance, 1985 (38 of 1985), is hereby repea ed.
(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/ section 3 (3)] Matters for which provision‘may be made in the scheme-
1. The time and manner in which contributions shall be made tc the Fund by employers and by, or on behalf of employees (whether employed directly, or through an agency), thc contributions which an employee may make under section 4 and the manner in which such contributions may be recovered.
'
2. The payment by the employer of such sum of money as may be necessary -to meet the cost of administering the Fund and the rate at which and the manner in Wthh such payment shall be made.
25/686/MC.
9°
10.
11.
12.
Via.
14.
15.
16.
17.
18.
146 The constitution of'any committee for assisting the Board.
The manner in which account shall be kept, the investment of money 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.
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.
The fixation by the Government in consultation with the Board of the rate of interest payable to members.
The form in which an employee shall furnish particulars about himself and his family whenever required.
The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination.
The registers and records to be maintained with respect to employees and the returns to be furnished by the employers or agencies.
The form or design of any identity card, token or disc for the purpose of identifying any employee, and for issue, custody and replacement thereof.
The fees to be levied for any of the purposes specified in this schedule.
The conditions under which a member may be permitted to pay premia on life insurance from the Fund.
The further powers, if any, which may be exercised by the oflicers appointed under this Act.
The manner in which the Directors of the Board shall he chosen and appointed.
’ The manner in which any welfare fund vested under section 24 is to be brought and credited to the accounts of the employees entitled thereto in the Fund.
The rate of gratuity payable to members and the conditions for such payment.
The conditions under which any amount due to the Board may be written off.
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.
,__.