In this Act, unless the context otherwise requires,-
(a) “Board” means The Kerala Motor Transport Workers Welfare Fund Board constituted under section 6;
(b) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (1) of section (7);
(c) “contribution” means a contribution payable in respect of a member under the scheme;
(d) “employee” means a person who is employed for wages in a Motor Transport undertaking directly or through an agency to work in a professional capacity on a transport vehicle or to attend to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time keeper, watchman, or attendant, 2 *(e) “employer” means in relation to any motor transport undertaking, the registered owner or the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such other person;
(f) “Fund” means the Kerala Motor Transport Workers Welfare Fund established under the scheme;
(g) “member’ means the member of the Fund and includes any person eligible to become a member of the Fund;
(h) “motor transport undertaking” means a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward and includes a private carrier;
(i) “prescribed” means prescribed by rules made by this Act;
*(ia) “quantum” means a fixed amount of welfare fund contribution payable to the fund by the employer, employee and self employed person as may be specified in the scheme;
(j) “scheme” means the scheme framed under this Act;
*(ja) “self employed person” means a person other than an employee who is engaged in the profession of a motor transport undertaking by actually operating the vehicle and depending mainly on such a motor transport undertaking for his lively hood;
*omitted
(l) all other words and expression used but not defined in this Act and defined in the Motor Vehicles Act, 1939 (Central Act 4 of 1939), shall have the meanings respectively assigned to them in that Act
3.Motor Transport Workers Welfare Fund;- (1) The Government may by notification in the Gazette, frame a scheme to be hold the Kerala Motor Transport workers Fund Scheme for the establishment of a Fund under this Act for employees and their 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.
………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 3
(2) The fund shall vest in, and be administered by, the Board
(3) Subject to the provisions of this Act, the scheme may provide for all or any of the matters specified in the Schedule.
4. * Contribution to the Fund;- (1) The contribution payable by employee to the fund shall be such quantum of each type of motor transport undertaking as may be specified in the scheme.
(2) The contribution payable by the employer and the self employed person shall be such quantum as may be specified in the Scheme.
(3) The quantum under sub-sections (1) and (2) shall be fixed taking into account the average number of man power required for Operating the motor transport undertaking.
(4) The contribution payable by the employer, employee and self Employed person shall be subject to revision from time to time.
Provided that nothing in the section shall apply to a Motor Transport undertaking to which the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Central Act 19 of 1952) or the Payment of Gratuity Act, 1972 (Central Act 39 of 1972) apply.