( 1) The Government may, by notification in the Gazette, frame a scheme to be called the Kerala Motor Transport Workers’ Welfare Fund Scheme for the establishment of a Fund under this Act for employees 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) The Fund shall vest in, and be administered by, the Board.
. (3) Subject to the provisions of this Act, the scheme may pro- ‘v1de for all or any of the matters spec1fied 1n the Schedule.
4. Contnbutions to the Fund—(1) The contribution which shall be paid by the employer to the Fund shall be eight per cent of the wages for the time being payable to each of the employees and employees’ contribution shall be equal to the contribution payable by the employer in respect of him:
25I686IMC 138
Provided that nothing in this sub-section shall apply to a motor transport undertaking to which the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (Central Act 19 of 1952), apply.
(2) The employer shall, in addition to the contribution payable under sub-section (1), contribute to the Fund as gratuity an amount equal to five per cent of the wages for the time being payable to each of the employees:
Provided that nothing in this sub-section shall apply to a motor transport undertaking to which the provisions of the Payment of Gratuity Act, 1972 (Central Act 39 of 1972), apply.
(3) Where the amount of any contribution payable under this Act involves a fraction of a rupee, such fraction shall be rounded off to the nearest rupee, half of a rupee or quarter of a rupee.
5. Modificatwn of Schema—(1) The Government may, by notification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively.
(2) Every notification under sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have efiect 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. Constitution of Board—(1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified in such notification a Board to be called the Kerala Motor Transport Workers' Welfare Fund Board for the administration of the Fund and to supervise or carry out the activities financed from the Fund. .
(2) The Board shall .be a body corporate by the name aforesaid, having 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 as may be appointed by the Government and they shall be chosen in such manner as may be provided for in the scheme:
139
Provided that the Board shall include an equal number of Directors representing the Government, the employers and the employees. , \
(4) One of the Directors of the Board shall be appointed by the Government to be its Chairman.
(5) The Government shall publish the names of all the Directors of the Board in the Gazette.
(6) The Board shall administer the Fund in such manner as may be specified in the scheme.
(7) The Board may, with the previous approval of the Govern~ ment, delegate to Its Chairman or to the Chief Executive Officer or to any officer appointed under sub-section (1) of section 7 such of its powers and functions under this Act or the scheme as it may consider necessary for the efficient administration of the Fund, subject to such restrictions and conditions, if any, as it may spec1fy:
Provided that no delegation shall be made under this sub-section unless all the members present support such delegation.