THE KERALA TODDY WORKERS' WELFARE FUND (AMENDMENT) ACT, 1996 [1] Complete Act - Bare Act

ACT 3 OF 1996

THE KERALA TODDY WORKERS' WELFARE FUND

(AMENDMENT) ACT, 1996 [1]

An Act further to amend the Kerala Toddy Workers' Welfare Fund Act, 1969.

Preamble." WHEREAS it is expedient further to amend the Kerala Toddy Workers' Welfare Fund Act, 1969 for the purposes hereinafter appearing;

BE it enacted in the Forty-seventh Year of the Republic of India as follows: "

1. Short title and commencement ."(1) This Act may be called the Kerala Toddy Workers' Welfare Fund (Amendment)Act,1996.

(2) It shall come into force at once.

2. Amendment of long title. "In the Kerala Toddy Workers' Welfare Fund Act, 1969 (22 of 1969) (hereinafter referred to as the principal Act), in the long title, for the words "to promote the welfare of toddy workers", the words "to promote the welfare of, and for payment of pension to, toddy workers" shall be substituted.

3. Amendment of preamble." In the preamble to the principal Act, for the words "to promote the welfare of toddy workers", the words "to promote the welfare of, and for payment of pension to toddy workers" shall be substituted.

4. Amendment of section 4."In section 4 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:"

"(3) The Government shall contribute to the fund every year an amount not less than 7.5 percent of the employees' contribution to the fund by way of grant".

5. Insertion of new section 4A."After section 4 of the principal Act, the following section shall be inserted, namely:"

"4A. P ower of exemption. "(1) Notwithstanding anything contained in section 4, where the Government, on the recommendation of the Board, are of opinion that it is necessary in the public interest so to do, they may, by notification in the Gazette, exempt any class of employers, either pros pectively or retrospectively, from payment of contribution under that section for such period as may be specified in the notification.

(2) For the removal of doubt it is hereby declared that an employee shall not be liable to pay his contribution under sub-section (1) of section 4 for the period for which his employer is exempted from payment of contribution".

6. Amendment of section 6."In section 6 of the principal Act, after sub-section (7), the following sub-section shall be inserted, namely:"

"(8) No act or proceeding of the Board shall be invalidated merely by reason of any vacancy in, or any defect in the constitution of the Board".

7. Amendment of section 8A. "For sub-section (1) of section 8A of the principal Act, the following sub-section shall be substituted, namely:"

"(1) Every employer shall, pending determination under section 3 of the amount due from him in any year, pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount payable annually in respect of his employees according to the latest determination under the said section:

Provided that every employer, in respect of whom an order of determi nation under section 8 has not been made at any time, shall pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount of contribution payable by him under section 4 in respect of his employees according to the best of his judgment:

Provided further that where advance contribution is paid by an employer, according to the best of his judgment, a statement showing the manner in which such judgment was made by him shall be produced at the time of payment.".

8. Insertion of new sections 8B and 8C. "After section 8A of the principal Act, the following sections shall be inserted, namely:"

"8B. Power to rectify errors, etc. "(1) The Chief Welfare Fund Inspector or any other Welfare Fund Inspector who has passed an order under sub section (1) of section 8, against which no appeal has been made to the Govern ment as provided in sub-section (5), may, on application or otherwise, at any time within four years from the date of passing such order, rectify any error apparent on the face of the record:

Provided that no such rectification, which has the effect of enhancing the amount determined, shall be made unless the employer concerned has been given a reasonable opportunity of being heard:

Provided further that the time-limit mentioned in this sub-section shall not be applicable for a period of six months from the date of commencement of the Kerala Toddy Workers' Welfare Fund (Amendment) Act, 1996, in the case of an order made under sub-section (1) of section 8 which is prejudicial to the interests of the Fund.

(2) Where any such rectification has the effect of reducing the amount determined, the officer concerned shall make refund to the employer entitled thereto or adjustment against future contribution of the employer according to his option.

(3) Where any such rectification has the effect of enhancing the amount determined, the provisions of this Act and the scheme made there under shall apply to every such order of enhancement, as if such determination h as been made under sub-section (1) of section 8.

8C. Power of revision. "The Chairman of the Board may, on his own motion, call for an examine any order passed under sub-section (1) of section 8, or sub-section (1) of section 8B at any time within a period of two years from the date of passing such order if he has reason to believe that such an order is prejudicial to the interests of the board, and subject to the provisions of this Act and the scheme made thereunder may pass such orders as he thinks fit:

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 applicable for a period of six months from the date of commencement of the Kerala Toddy Workers' Welfare Fund (Amendment) Act, 1996.".

9. Amendment of section 9."In section 9 of the principal Act, for the words "together with interest thereon at the rate of nine per cent per annum", the words "together with interest thereon at the same rate as applicable, from time to time, to the dues in arrears under the Abkari Act, 1 of 1077," shall be substituted.

10. Insertion of new Sections 15D, 15E and 15F. "After section 15C of the principal Act, the following sections shall be inserted, namely:"

"15D. Power to borrow. "The Board may, with the previous approval of the Government and subject to such terms and conditions as may be specified by the Government, borrow money for the purposes of the Scheme.

15E. Audit of 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.

15F." Laying of annual report and audited accounts of the Board before the Legislative Assembly. "(1) 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 every year.

(2) The Government shall as soon as the receipt of the same, cause to be laid on the table of the Legislative Assembly".

11. Amendment of the Schedule. "In the Schedule in the principal Act, after item 16A, the following item shall be inserted, namely:"

"16AA. Eligibility for and the manner of payment of, pension from t he fund".