.....KERALA STATE LOTTERY AGENTS' AND SELLERS' WELFARE FUND ACT, 2008 ACT 2 OF 2009 THE KERALA STATE LOTTERY AGENTS' AND SELLERS' WELFARE FUND ACT, 2008 An Act to provide for the constitution of a Fund for promoting the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala in the State of Kerala and for other matters connected therewith or incidental thereto. Preamble. - WHEREAS, it is expedient to provide for the constitution of a Fund for promoting the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala in the State of Kerala and other matters connected therewith or incidental thereto; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title and commencement.- (1)This Act may be called the Kerala State Lottery Agents' and Sellers' Welfare Fund Act, 2008; (2) It shall be deemed to have come into force on the 12th day of July, 2008. 2. Definitions.- In this Act unless the context otherwise requires. - (a) "Board" means the Kerala State Lottery Agents' and Sellers' Welfare Fund Board constituted.....
List Judgments citing this section.....of Ist Class Judicial majistrate.- (3) No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made with the previous sanction of the Chief Executive Officer. 19. Offences by Companies.- (1) Where an offence under this Act has been committed by a Company, every person, who at the time when the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he had exercised due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any negligence on the part of any officer of the company, such officer.....
List Judgments citing this section.....from the husk of the coconut; (c)"Coir Products" means mats and mattings, rugs and carpets, coconut husk fibre, other rubberized coir products manufactured by using coconut husk fibre, coir or pith wholly or partly and it includes products manufactured in traditional looms and machanised looms, other products and other allied products with the backing of P.V.C, rubber or any similar backing materials; (d) "dealer" means any person engaged in the business of buying, selling or storing for sale of coconut husk, coconut husk fibre ,coir or any coir products within the State of Kerala but it does not include a cultivator who stores his own coconut husk for sale; (e)'Fund' means Kerala Coir Workers Welfare fund established under section 3 of the Kerala Coir Workers Fund Act, 1987; (f)"Government" means Government of Kerala; (h) 'prescribed' means prescribed by rules made under this Act; (i) 'sale proceeds' means the value of buying and selling of coconut husk, coconut husk fibre ,coir or coir products made in the State of Kerala for sale or to process otherwise; (2)Words and expressions used herein but not defined in the Kerala Coir Workers' Welfare Fund Act, 1987 shall have the.....
List Judgments citing this section.....clause (g) of section 2, the following proviso shall be substituted, namely :- 'Provided that the workers employed in the establishments where the Factories Act, 1948 or the Plantation Labour Act, 1951 are applicable shall not include under the purview of this Act.' 3.Amendment of section 3 - After clause (e) of sub-section (4) of section 3 of the principal Act, the following clause shall be inserted, namely :- "(f) for the refund of the amount of contribution remitted by the members who are unable to work, for a period of more than two years due to permanent physical infirmity or had completed the age of sixty years." 4. Insertion of new section '3A' - After section 3 of the principal Act the following section shall be inserted, namely :- "3A. A worker who is a member of the Kerala Labour Welfare Fund and coming under the purview of the Kerala Shops and Commercial Establishments Act be a member of the Fund. "(1) Notwithstanding anything contained in the Kerala Labour Welfare Fund Act, 1975 (11 of 1977), a worker who is a member of the Kerala Labour Welfare Fund and coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 ( 34 of 1960) shall be a.....
List Judgments citing this section.....the rank of Chief Judicial Magistrate Court shall take cognizance of any offence punishable under this Act except on a report in writing of the fact constituting such offence by an officer authorised under sub-section (1) of section 12. 26. Grant of injunction etc., by civil courts . - No civil court shall grant an injunction or make any order for any other relief against the Government or any officer authorized under this Act, in respect of any act done or purporting to be done by the Government or such officer under this Act or the rules or notifications made thereunder, unless notice of such injunction or other relief has been given to the Government or such officer, as the case may be. 27. Sums due recoverable as arrears of land revenue to Government . - Any amount due to the Government under the provisions of this Act shall be deemed to be arrears of revenue due on land and shall, without prejudice to any other mode of recovery, be recoverable under the Revenue Recovery Act for the time being in force. 28. Revision. - The Government may either suo-motu or on application from any aggrieved party call for the records of any act or proceedings of the Collector in any.....
List Judgments citing this section.....to amend the Kerala Headload Workers Act, 1978 and to repeal the Kerala Loading and Unloading (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002. Preamble.- WHEREAS, it is expedient further to amend the Kerala Headload Workers Act, 1978 and to repeal the Kerala Loading and Unloading(Regulation of Wages and Restriction of Unlawful Practices) Act, 2002 for the purposes hereinafter appearing; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Kerala Headload Workers (Amendment) Act, 2008. (2) It shall come into force at once. 2. Amendment of section 2.- In section 2 of the Kerala Headload Workers Act, 1978 (20 of 1980) (hereinafter referred to as the principal Act),- (a) in clause (g) for the words "or in groups for the purpose of engaging them in such establishment and includes a sub-contractor and a broker", the words "for the purpose of engaging them in such establishment and includes a sub-contractor, a broker, a clearing and forwarding agent, commission agent, mercantile agent, consignment agent or the owner of a vehicle laden with goods" shall be substituted: (b).....
List Judgments citing this section.....annually and the audit report shall be laid before the Legislative Assembly. 15. Overriding effect of the Act.- The provisions of the Act or any rule or order made thereunder shall have effect, notwithstanding any thing inconsistent therewith contained in any law, other than this Act, or any instrument having effect by virtue of any law other than this Act. 16. Members of the Commission to be public servant.-Every member of the Commission nominated under sub-section (1) of section 3 and the Secretary and other employees appointed under sub-section (4) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860). 17. Protection of action taken in good faith.-No suit or legal proceeding shall lie against any member of the Commission or Secretary or other Officers for anything which is done or purported to be done in good faith under this Act. 18. Bar of jurisdiction of Civil Court.-No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under the Act or the rule made thereunder are required to be settled, decided or dealt with or to be.....
List Judgments citing this section.....arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder which appear to them to be necessary or expedient for the purposes of removing the difficulty: Provided that no order under this sub-section shall be issued after the expiration of a period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid before the Legislative Assembly. 9. Power to make rules.- (1) The Government may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes 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 days, which may be 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 decides that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no.....
List Judgments citing this section.....words "The Commissioner and other Controlling Authorities", the words "The Board and its Officers" shall be substituted. 4. Substitution of new section for section 7 . - , For section 7 of the principal Act, the following section shall be substituted, namely:- "7. Constitution of the Malabar Devaswom Board. - (1) As soon as after the commencement of the Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008, the Government shall, by notification in the Gazette, constitute a Board by name "the Malabar Devaswom Board.". (2) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of both movable and immovable properties and to enter into contracts and may sue and be sued in the name of the Board. (3) The Board shall consist of the following nine Hindu members, namely:- (a) one philosopher of Hindu religion; (b) one social reformer of Hindu religion; (c) one member from any of the Temple Advisory Committees constituted under section 14; (d) one woman, wellversed in Hindu devotional songs; (e) one member from Scheduled Caste Communities; (f) one member from Scheduled Tribe.....
List Judgments citing this section.....No suit or appeal shall lie against the order passed by the Scrutiny Committee.". 7. Amendment of section 12.- In section 12 of the principal Act, sub-section (3) shall be omitted. 8. Insertion of new section 15A.- After section 15 of the principal Act, the following section shall be inserted, namely:- " 15A. Penalty for obtaining a fraudulent Community Certificate by a Scheduled Caste member as Scheduled Tribe and vice versa.- Whoever belonging to any of the Scheduled Castes obtains falsely a community certificate that he belongs to any of the Scheduled Tribes or whoever belonging to any of the Scheduled Tribes obtains falsely a community certificate that he belongs to any of the Scheduled Castes, shall on conviction, be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not be less than one thousand rupees but which may extend to five thousand rupees.". 9. Insertion of new section 16A.- After section 16 of the principal Act, the following section shall be inserted, namely:- "16A. Deferment of pensionary benefits.- Notwithstanding anything contained in any other.....
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