All 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 shall, not with standing 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 there to the Fund.
*25. Power to make rules :- (1) The Government may, by notification in the Gazette either prospectively or retrospectively 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 day which may by 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 deciders 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, …………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 13 *26. Repeal and saving :- (1) The Kerala Motor Transport Workers Welfare Fund Ordinance, 2005 (8 of 2005) except section 4 there of is hereby repealed .
(2) Not with standing such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this act.
SCHEDULE [See reaction 3(3) 1] Matters for which provision may be made in the scheme
1. The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of employees (whether employed directly, or through an agency ) the 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 which such payment shall be made;
3. The constitution of any committee for assisting the Board;
4. 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.
5. The conditions under which withdrawals from the Fund may by permitted and any deduction or forfeiture may by made and the maximum amount of such deduction or for feaiure.
6. The fixation by the Government in consultation with the Board of the rate of interest payable to members.
7. The from in which an employee shall furnish particulars about himself and his family whenever required.
8. 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,
9. The registers and records to be maintained with respect to employees and the returns to be furnished by the employers or agencies.
* Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 14
10. The form or design of any identity card, token or dices for the purpose of identifying any employee, and for issue custody and replacement thereof
11. The fees to be levied for any of the purposes specified in this schedule
12. The conditions under which a member may be permitted to pay premium on life insurance reform the Fund.
13. The further powers, if any, which may be exercised by the officers appointed under this Act.
14. The manner in which the Directors of the Board shall be chosen and appointed.
15. The manner in which any welfare fund vested under section 24 is to be brought and credited to the accounts of the employees entitled there to in the Fund.
16. * The rate of Welfare fund payable to members and the conditions for such payment
17. The conditions under which any amount due to the Board may be written off.
18. 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.
…………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005)