(l) The Government may appoint a Chief Welfare Fund Inspector and as many Welfare Fund Inspectors as they consider necessary to assist the Chief, Welfare Fund Inspector in the discharge of his duties.
The Chief Welfare Fund Inspector in the discharge of his dutjes, The Chief Welfare Fund Inspector shall be the Chief Executive Officer of the Board.
The Board may with the previous approval of the Government appoint such staff as it may consider necessary The method of recruitment, salty and allowaMes, discipline and other conditions of service of the Chief Welfare. Fund Inspector and the Welfare Fund Inspectors shall be such as may be specified by the Government and the method of recruitment, salary and allowatices; discipline and other conditions ohervice of the staff appointed by the Board, shall be such as may be specified by the Board with the previous approval of the Government.
2 I t ) • . I ¼ 5 ii
8. Detennlnafion of èqounts 4ue froni pn$) iiie Walfin Fund lnsecWr or any other *ftre F inspccSauess by him in tbii behalf may, by order, determine the áiount *ie from any employer under the provis lonE of this Act or of the scheme as4 for this purpose may conduct such inquiry as he maydecntneocssajy. .
(2) The officer CánàÜCUIig the inqujxy under sub-sétkn (I) shall for the purposes of such ir)ç have the same jowon as are vested in a cowl for trying a suit under the Code of Civil Procedure, 1908, in respect Of the following mitten, niiniely.—
(a). entokutg the attancef any pemon or exsjnining hum on oath;
discoNiiry receiving evidence 6 affidavit; I issuing commissloist the examination of witnesses.
(3) Any inquiry under thinection shall be deemed to be a judicial proceeding within the theaning of sccftoms 193 and 228 and (attIre purpose of sectirjn 196 of the Indian Penal Code. c- ...
(4) No order 4etennining the amount due from any employer shall be made under sub-section (I) unlesa the employer has been given a rcaso$ble.
opportunity of being heard.
(5) Any person aggrieved by an order wider sub-section (I) may prefer an appeal to the Government or any other authority as may be specified by the Government within sixty days from the date of the receipt of the order and th e decision of the Governsñcnt or of such authority on suchappeal shall be final.
" BA. Provisional Ass enmen! of Con!,!bullbn.—(I) Every employer shall;
pending determination under section 8 of the amount due from him in any year, pay •evefli month by way at advance contribution an amount equivalent to one-twelfth of the amount payable innually in respect of his rmployces according to the lAtest determinationunder the said section:
Provided that every employer, iii respect of whom an o1dd of determination tinder section 8 has not beaimadc at any time,sball pay every month by vayof advance contribution an amount equivalent to one-twelfth of the amount of conuiburiori payable by hini under section 4 in respect of his employeeS accoiding tothebeastofhiajudent:'' • - Pinvided further that where advance contribution is paid by an employer according to the best of his judAcm,.a ;st6tcziient showing the manner in which sudhjudgmeaf was mide by him shill cad af the time of pAyment • (2) The Advance Conumhtibn tot a month shall become payable on or before the 5th datof the succeeding month.
(3) Where the advance contribution isnot paid ott or before the due date, the: Welfare Fund hInsptprobaU isiue wnotke to the defaulter showing the amount of asrean and if the ampunt is not paid within seven days of the receipt of such notice, it may be recovered In the aamanner as wean of land revenue.
__ I.
(4) The amountpaid under this section for an year shalt be adjusted against the amount deteirnined under SectionS fiw that year.
BE. Power to ftciifr errors, etc—(I) The Chief Welfare Fund Inspector or any other Welfare Fund Inspector who has passed an order under sub-section (1) of sectionS, against which no appeal has been made to the Qovemment as provided.
in sub-section (5), may, on ajplication or othcrwise,'at any time within four years from the date of passing such order, rectify any error apparent on the face of the
Provided that np such rectification, whichhas the effect of enhancing the amount determined, ihailbe made unless the employer concerned has been given a reasonable opportunity of being heard:
Provided further that the time-limit mentioned in this sub-sectibn shall not be applicable, for a period of six months from the date of commencement of the Kerala Toddy Workers' Welfare Fuiid.(Amendnuent) Act, 1996, in the case of an order made under sub-section (1) of section $ which is prejudicial to the'interests of the Fund.
• (2) Where any such rectification has the effect of reducing the amount diterminéd, the officei concerned shall make refund to the employer entitled thereto or adjustment against future contribution of the employei according to his option.
(3) Where any such rectification has the effect of enhancingthe amount detennined, the provisions of this Act and the scheme made there under shall apply to every such order of enhancement, as if such determination has been made under sub-section (I) of section 8.
8C. Power of revision—The Chairman of the Boardmay, on his own motion, call for and exarninc,ariy order passed under sub-section (1) of section 8 or sub-section (I) of section 8B at any time with in a period Of two years from the date of passing such order if he has reason to believe that such an order is prejpdicial' to the interests of the Board; and subject to the provisions of this Act and the 4 scheme made thereunder may pass such orders as he thinks fits:
Provided that no such order shall be passed unless the employer concerned ' has been given a reasonable'Opportunity of being heard:
Provided further that the time limit mentioned in this section shall not be appticable for a period of six months from the date of commencement of the lCernla Toddy Workers' Welfare Fund (Amendment) Act, 1996.
9. Mode of recovery of months due from employers—Any amount due from the enaloyer in pursuance of the provisiens of this Act or the scheme may, if the amount i5 in arrear, be recovered * together with interest thereon at the same rate as applicable, from time to time, to the dues in arream'under the Abkari Act, I of 1077 in the same manner as an antar of land revemse.
1 •.&C 'f a" • - - .. -r'-- e amoyxti standing to the credit of in5 lthefimdsballnotinanyway afbeingassignedorcharged be liable to attachment under decree or order of any court ih debi Or liability incurred by the snnbór and no.mccivei • 'tda.ge lnsolvScy Act, 1955jWb entitled to or have any claim on any such • . • .-e_ - ( .
• • (2) Any *niott stapdingto the creditof a mcmber frfl&$mdas bethne of his deàth.ed payable to his nominee under the schemeisbalI;:ét to tiy - deneon authdtised by the scheme vest in the nominee and shall be*eeftUm any debt or other liability incurred by the deceased or the nominee bethre the death ot.
themezuber . I • II. Priority of payment of contributions over other debts.Where any employer is adjudicated insolvent orbeing a company an order fir winding up is •• the amount due from the employer under the scheme shall, where thèlisbiliiy tlefor has accrued before the order of adjudication or winding up is made be • a -deS to be included among the debts which under section 64 of the Insélvancy.
4Q1, i955 or under section 530 of the Corlipanies Act, 1956 ire to be paid in priority to all other-debts in the distribution of the property of the insotveit or the assets of the codpany being wOund up as the case may be.
Employer not to rSwe rnige etc.--Noeniploycr shall by reason only • of his liability for the payment of any contribution to the fil, reduce whether.
directly or indirectly the wages of anjientployee to whom the scheme applies or the total quantum of benefits to which the employee is entitled under the terms of his employment express or implied. . .
MEmbersof Board etc, to be public servants—Every Director of the Board, the Chief Welfare Fund Inspector and every Welfare Fund -Inspector ppoinS under this Act shall be deethãd toe a public tenant within the meaning ofsectionzlofthelndianpetialcode. . .
• 14. Penally.—{l) Whoever for the pwpose M avoiding any-payment to be made by himself under this Act or widcflhe scheme or of enabling anyotber person to avoid such payment knowingly makes or causes to be made any thIle stAtement or false represcñti on shall be punishable with impthotthicnt for a tans which may extend to jnonths or with fine which may extend to 'one thousand rupees, or withboth.
(2) WboevcrconUavenfloTndefràtirnpt,ingwithAoyof*c • proVisions of this1ct or of the scheme shk if no other penalty is elsévbcre • . provided by or under this Act for such cori¼avention ornoncotppliarice, tt .
punishable with imprisonment for a tennwbich fr bdendtctl.ne rndt%ot with 'N fine Which may extend to five hundred )upeea or with -...- • '(2A) Nocowt inferith to that ofajtzdjcial strateMthe fit&th '4*.: •-;:. ___ - Q No eou&hall take C5gitlsunca of any offenct p thisMt except ol a eport$Cfiñgof the facts constituting suI withthipintiousaarLCtiOuOf St Cbiàf Welfare Fund Inspecto 14 A. Enhanced punishment far default in paymen ployees contributions already 'dethscted.—(l) WhoeQer makes default in thc"ymeflt of the employees sham of the contribution to the funflr having dedticId it fenn the wages. of the employees, in accordance with the prSions of this Act or the Scheme shall be punishable with inprisonment fora tcmi'which ma 'xtendto one.
year but which shall not be less than three months and With fine w ich may extend ".tofourthonsandntpees.. .
(2) Notwithstanding anything contained in the code of criminal procedure, 1973 (Ceniral Act 2 of 1974); an otThnce under sub section (I) shaft be cognialt. . . .
• - - 1411. Enhanced punishment for Second or subsequent offence.—Whoev* having been convicted by a court of an offende punishable under this Act, commits.
the same offence again shall be punishable for every such subsequent offence with imprisonment for a term which may extend to one year but which shall not he less than three months and with free which may eatead to fourthousand rupees.
15. Offence by Companies—(l) If the per$on committing an offence under thisAct isa companyr eveiy, offlcer.of the compaffy who is in default as well as the cémpany; shill be deemed to be guilty of the offence and shalt be 'liable to be proceeded against and punished accordingly:
Provided that in any proceeding against an officer of the company in respect' of an offence under this Act is appears to the Court hearing the ease that the offencc is attributable to the 'negligence, default, breach of duty, misfeasance or,breach of trust committd by the officer, but that he has noted honestly and reasonably, and that having regard to all the circumstances of the case, including those connected with his appointment he out fairly tobe excused, the Court mdy relieve him either wholly or partly, from his liability on such terms as itniay think fit S
(2) NoSithstanding anything contained in sub-section (I), where an offence under this Act has been commited by a Eompany and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any wilfiul negligence, default, breach of duty, rnisfeasance'or breach-of trust on the part of any officer of the company/such officer of the company, shall be deemed to heUtlty of offence and shalt be liable to be proceeded against and punished /atcordingly. . .
&planation.-t,br the purpose of this section,- )tccenpany" means any body corporate and includes a firm, a co-operative society of other association of individuals;'
"Director" in relation to a finn means a parther in the firm.; .• H S V a Zr . ....
"Officer of die èompanf means the Móarg Directot Directors;.
Managing Agent, Secrttaty, Tmas4rcràt4anagr of.thecoinpany and includes the office bearers of a fir co-operative i' or. niañ000fbxbviduals; and "Officer of th&company who is in deft&' means any officer of the company who is ImSingly guilty of not'cOmpliance, failure or conbavention of the provisions of this Actor the Schathtade thereunder or who kfiowingly and t'illy authorises or permits such nonmpUaMe, failure orconbaventioñ..
IS& . Directions by Gàvernme,jg—The Govertunent May, after consultation with the Board, give to the Board genmi ã,uuctions to be foflowed by the Board.
(2) In exercise of its powers aodpetformaacof its duties under this Act, the Board sball.not depaitfronz any general instructions issued under sub-iection (I), except with the previous permission of the Govenunent * 1'5B. .Powèrtoo1deihzthy_(l1iieGovemmentmjy,.atanytijne,çpojm any ptrson to inquire into the working oftho. Board and to submit a mpozt•tothe Govrmmcnt . . .
(2) The Board shall give the penn so appointed all facilities for the proper •:.
conduct of the üiquisy and furnish to him such documenti, accournsorinformatiâ.
in possession of th' Board as he niay.require. . -. . .
,. '..
fl5C. Powerto Supersede the Boa,d.— (1)14 ân,considaution df the teppit under section 158 or otherwise, the Government arenf opinion that the BasS has paisinitIy made default in the performance of the duties imposed on itby winder the provisions of this Act or the scheme or has exceeded or abused its pgm, the GovernMent may, by notification in the Gazette, itiperscile, the Dodd fri such period not exceedingrix months as may be specified in the noificatio
Provided that, before Issuing a notification tinder this sub-section', the Government shall give a reasonable opportunity to the Bond to show cause ihy it should not be superseded and shill consider the aplAnaions and *ctios if any, of the Board.
(2) Upon the publication ofañotificationunder sub-section (1), all the members ,f the Board shall; as from the publiátion, vacate their offices as stich members; ..
nithepowersanddutieswhichmaybeeiercisedorp.jfo.ns by the Board shall, during the periodof euperseesion be exercised orperformed by such officer or officers as may be specified in the notificaDon4'.
(a) all funds and other prvpettiei csted lathe BOsS ibsU, dog the pSod of supetsession, vest in the GOVeZWIIenL .. :. .
(3) Onthe expiration of the period of supersesskOn4ecifitd.i.itbt notification issued under sub-section (l),theGovenimentsltaljreconstitute the Beardm the manna provided in section 6" ei R 0111.
•10 '.95 I); Power to bonvw.---The Board may, with the previous approval of th Governmtttt and subject to such terms and conditions as may be specified by the Government, boitow money for the purposes of the Scheme.
15E. Audit pf Accounts of the Board--The accounts of the Board shall be examined and audited once in every year by the Director of Local Fund Audit.
15K Laying of annual report and audited accounts of the Board before the Legislative Assembly—(l ) The copy of the annual report of the Board, prepared under the direction of, and approved by, the Board together with an audited statement of accounts shall be submitted to Government before the end of the month of December, evcry ycati
(2).The Government shall, as soon as the receipt of the same, cause to be laid on the table of the Legislative Assembly.
• 16. Deleted.
17: Protection for acts done in good faith—No suit or other legal proceeding shall he against any Director of the Board or the Chief Welfare Fund liisptctor or any other person in respect of anything which is in good faith doneor intended to be dane Under this Act or under the scheme.
* 12A. tBar of jurisdiction of civil courts—No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or udder this.Act required to be settled, decided or deaLt with or to be determined by the Góvesnment or the Board or the Chief Welfare Fund Inspector or any Welfare Fund Inspector".
18. Specie/provision for transfer and vesting ofwelfarefrnds established by custom or agreement—MI 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 the date of commencement of thisAct shall, notwithstanding anything to the contrary contained in any law for the time being in fbrce or in any deed or other instrument, stand transferred to and vest in the find established under section 3 and shall be credited to the accounts of the employees entitled thereto in the jtñid * 19. P6wer to make rute.c.—(t) The Government, may by notification in • the Gazette, 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 soonas may be after it is made, before the Legislative Assembly while it is in sessiorf for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, bakre the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly r.oakes any modification in the rule or detides that the rule should not be made 1 the rule ihall thereafter have effect only in such nwdified form or be no effect, as they case may be; so however that any sash modification or annulment shall be without prejudice to the validity of aaything previouslydorie under that nile".
- ScMto [See Section 3 (3)] :•-- MATrFRS FO!. WmCR!aovIsloN MAY BEMAD N Tlili I. The time and maimer in which contributions shall be made to the Sd by.
employers ardby, or on behalf of emptâyecs (whether employed directly, or by or through a cohtractor) the contributions which an.employee may-make tinder section 4 and The manner in which such ctntributivnj may he recovered.
the manner in which cmploya'. cottribrstians may be recovered by colincton from employees employed by or through such contractors, ,_y payment by the employer of such sum of money as may be necessary to meet the cost of administetisig the fund and the rate at which and the manner in which such payment shall be made.
The constitution bf any con4nijtee for assisting the BqaM The manner in which accounts shall be kepi, the invesünent of inoney belonging- to the fluid in accotdance 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 wider which 1withdrawals 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 Governnnt in consultation with the Board thente of interest payible to membEà.
The form in which an employee shall throish pafliculara about himself and.
his family whenever required..
S. The nómindtion of a person to receive the amount standing to the credit of a member after his dcath and the cancellition or variation of such nomination,
9. The registers and records to ?e maintained with respect to the employees and the returns robe furnished by the enployeesorconnactora, tO. The form or design of any identity card, token or discfor the purpose of identifying any employee and for issue, custody ondieplacement thereof.
II. The fees to be levied for ao of die purposes specified in this Schedule.
12. The further powers, if any, whichinay be exercised by the officers • appointedunderthéAct - - 12 .13: The conditions under which a member may be permitted to pay premia on1ifeSce6umthe1id The manner in which the Directors of the Board shall be chosen and • appointed. .
The conditions of service, duties and remuneration of officers apppinted under this Act. - The manner in which any welfare fund vested under section 18 is to be bmught and credited to th e accounts of the employees entitled thereto in the fund.
* 16A.The rate of gratuity payable to members and the conditions for such payment.
"16AA. Eligibility for, and the manner of payment of, pension from the .
fund....
•"' I6AAA. Eligibility for and the manner of payment of compensation *ointhe fund.
The condititins under which any amount due to the Board may be • writtenoff.
Any other matter which is to be provided for in the scheme or which may be necessary or proper for the pulpose of iitiplemeñting.the scheme.
Ms amended by the Kerala Toddy Workers' Welfare Fund (Amendment) Act, 1978-It shall conic into kite with effect from 1-2-1919.
"As amended by the Keraia Toddy Workers' Welfare Fund (Amendment) Act, 1978(31 of 1978). It thaI1 come into force with effect kin1-4-1979.
"M amend4 by the1S a Toddy Workers' Welfare Fund (Amendment) Act 1996(3 of1996). it shall come into force from 26-3-1996.
tm'As amended by the Kerila Toddy Workers' Welfare Fund (Anleudment) • Ordinance 2009 (5 of 2009) it shall come into force with effect from 19-1-2009. ., . .