(1) The Government may, by notification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively …………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 4
(2) Every notification under sub – section (1) shall be laid, as soon as may be after it issued, before the Legislative Assemble while it is in session for a total period of fourteen days 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 Assemble makes any modification in the notification or decides that the notification should not be issued, the notification shall thereafter have effect only in such modified from 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 form such date as may be specified in such notification a Board to it be called the Kerala Motor Transport Workers’ Welfare Fund Board for the administration of the Fund and to supervise or carry out activities financed form 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 my be appointed by the Government and they shall be chosen in such manner as may be provided for in the scheme.
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 Government, delegate to its Chairman or to the Chief Executive officer or to any officer appointed under sub section (1) of section 7 such or 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 restriction and conditions, if any, as it may specify:
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Provided that no delegation shall be made under this sub section unless all the members present support such delegation;
(7) Appointment of Officers ;- (1) The Government may appoint 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) The Chief Executive Officer and the other officers appointed under sub section (1) shall exercise such powers and discharge such duties as may be prescribed,
(3) The method of recruitment, 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.
* 8 Determination of amount due :- (1) The Chief Executive officer any other officer appointed under sub section (1) of section 7 authorised by hin in this behalf may, by order, determine the amount due under the provisions of this Act or of the Scheme form the employer, Employee and self employed person and if the amount due is not paid on or before the due date, he shall issue a demand notice to the defaulter showing the amount of arrears.
(2) Any person aggrieved by the determination of arrears under sub section (1) may file a review petition before the authority who had determined then arrears, showing detailed facts and reasons for reviewing the original determination within fifteen days of receipt of demand notice.
…………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 6
(3) A review petition filed under sub section (2) shall be disposed of by the authority within a period of thirty days from the date of its receipt
(4) Any person aggrieved by an order under sub section (3) may prefer are appeal before the District Labor Officer of the concerned district and it staff be disposed of by him within a period of sixty days form the date of its receipt.
(5) If the amount of arrears in dispute exceeds rupees one lakh, any person aggrieved by an order under sub section (4) may prefer a second appeal before the Board and it shall be disposed of within a period of sixty days from the date of its receipt.
(6) Every order passed under sub section (4) or sub section (5) as the case may be, shall be final.
(7) No appeal under this section shall be entertained unless fifty per cent of the amount in accordance with the order against which the appeal has been preferred is paid;
(8) If the appellate authority in an appeal decides that the amount paid is in excess of what is due from the appellant, it may by order, direct for the refund of the excess amount.
(9) An officer or authority exercising the power of appeal under sub section (5) of section 8 of the Kerala Motor Transport Workers Welfare Fund Act 1985, immediately before the commencement of the Kerala Motor Transport Workers Welfare Fund (Amendment) Act 2005 shall continue to exercise such powers, in respect of the cases pending before such officer or authority.
* 8 A Production of receipt of remittance of welfare fund contribution – Notwithstanding anything contained in any other law for the time being in force every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution ( other than auto rickshaws covered under the provisions of the kerala Auto rickshaw workers welfare Fund Scheme 1991) shall, at the time of making payment of the tax under the Kerala Motor Vehicles Taxation Act 1976 (19 of 1976) produce before the Taxation Officer the receipt of remittance of the contribution to the fund due up to the preceding month, …………………………………………………………………………… * Amendment Act 2005 (No 13285/Leg. C2/05/Law dated 15.8.2005) 7 *9. Remittance of monthly contribution :- (1) Every employer, employee and self employed person shall pay the contribution due from him every month as provided fro in the scheme.
(2) The monthly contribution shall become payable on or before the 7 th day of the succeeding month.
*10. Mode of recovery of moneys due from the employer employee and self employed person – (1) The amount of arrears for which demand notice has been issued under sub section (1) of section 8 shall by recovered together with interest thereon at the rate of 9 per cent per annum in the same manner as an arrear of public revenue due on land.
(2) Not with standing anything contained in any other provisions of this Act or in any other law for the time being in force, where an employer transfers his vehicle before paying any amount due under this Act in respect of the vehicle, the liability wherefore accrued before the date of the transfer, such amount shall be a charge on the vehicle so transferred.