HARI NAIR, Law Secretary.

[Translation in English of “2021-ലലെ കകേരള ലതതൊഴഴിലുറപപ്പ് ലതതൊഴഴിലെതൊളഴി കക്ഷേമനഴിധഴി ആകപ്പ് ” published under the authority of the Governor.]

ACT 29 OF 2021

THE KERALA EMPLOYMENT GUARANTEE WORKERS' WELFARE FUND ACT, 2021 An Act to provide for the constitution of a Fund to grant relief to, to ensure the welfare of, to pay pension and other benefits to the workers those come under the purview of Mahatma Gandhi National Rural Employment Guarantee Scheme and Ayyankali Urban Employment Guarantee Scheme in the State of Kerala and for matters connected therewith or incidental thereto.

Preamble.-WHEREAS, it is expedient to provide for the constitution of a Fund to grant relief to, to ensure the welfare of, to pay pension and other benefits to the workers those come under the purview of Mahatma Gandhi National Rural Employment Guarantee Scheme and Ayyankali Urban Employment Guarantee Scheme in the State of Kerala and for matters connected therewith or incidental thereto;

BE it enacted in the Seventy-second Year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Kerala Employment Guarantee Workers' Welfare Fund Act, 2021.

1. (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 2. Definitions.- In this Act, unless the context otherwise requires,-
   • (a) "Board" means the Kerala Employment Guarantee Workers' Welfare Fund Board constituted under sub-section (1) of section 8;
   • (b) "Chief Executive Officer" means the "Chief Executive Officer" appointed under sub-section (1) of section 13;
   • (c) “contribution” means the sum of money payable to the Fund under sub-section (1) of section 4;
   • (d) “District Welfare Officer” means the “District Welfare Officer” appointed under sub-section (1) of section 13;
   • (e) “Employment Guarantee Worker” means a worker who has received employment guarantee card by registering in the grama panchayats in the State on the basis of the provisions of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act 42 of 2005) or an unskilled worker who has received employment guarantee card by registering in the Municipal Council or Municipal Corporation in the State on the basis of the provisions of Ayyankali Urban Employment Guarantee Scheme; Explanation.- Ayyankali Urban Employment Guarantee Scheme means the Scheme constituted as per G.O. (Ms) No. 210/2010/LSGD. dated 13th day of September, 2010.
   • (f) “family” means wife or husband, their minor children and unmarried daughters and includes father, mother or mentally or physically disabled children or widowed daughters who are solely dependent on the worker;
   • (g) “Fund” means the Kerala Employment Guarantee Workers' Fund constituted under sub-section (1) of section 3;
   • (h) “Government” means the Government of Kerala;
     • (i) "identity card" means an identity card issued by the Board to the employment guarantee worker;
   • (j) "member" means a member of the Fund;
   • (k) "Mission Director" means the Kerala State Mission Director for the implementation of Mahatma Gandhi National Rural Employment Guarantee Scheme or Director of Urban Affairs, having State level charge of Ayyankali Urban Employment Guarantee Mission;
   • (l) "Notification” means a notification published in the Official Gazette of the Government of Kerala;
   • (m) "prescribed" means prescribed by rules made under this Act;
   • (n) “Schedule” means Schedule to this Act;
   • (o) "Scheme" means “the Kerala Employment Guarantee Workers' Welfare Fund Scheme" framed under sub-secton (1) of section 3;
   • (p) "year" means a financial year which commence from 1st April. 3. Kerala Employment Guarantee Workers' Welfare Fund.- (1) The Government shall, by notification, frame a scheme to be called “the Kerala Employment Guarantee Workers' Welfare Fund Scheme" for the workers and after framing the scheme, as soon as possible, constitute a Fund under the provisions of this Act and the Scheme.
2. (2) The following shall be credited to the Fund, namely:-
   • (a) contributions under section 4;
   • (b) amount borrowed by the Board under section 14;
   • (c) fine realised under section 19;
   • (d) grants, loans or advances granted by the Government of India or the State Government or the Local Self Government Institutions or any other institution or organisation;
   • (e) any donation from any other source;
   • (f) any amount raised by the Board from other sources to augment the resources of the Board;
   • (g) fees levied under the provisions of the Scheme and any other amount to be credited to the Fund.
3. (3) The Fund shall vest in the Board and shall be administered by the Board.
4. (4) The Fund may be utilised for all or any of the following purposes, namely:-
   • (a) for payment of pension to a member who have completed sixty years of age and have remitted contribution without interruption upto the age of sixty years;
   • (b) for payment of family pension, in case of death of a member who have remitted the contribution for a period not less than ten years;
   • (c) for payment of financial assistance to a member who died due to illness or accident;
   • (d) for payment of the amount remitted by a member as contribution, with interest as may be specified on cessation of membership of a member in the Fund, who is unable to work due to infirmity or disablement and for the grant of disability pension;
   • (e) for providing financial assistance for the treatment of members who suffers from serious ailments;
   • (f) for providing financial assistance to the expenses in connection with the marriage of women members, daughters of the members and for providing maternity benefits to the women members;
   • (g) for providing financial assistance for the purpose of education and incentive to the children of members;
   • (h) for providing financial assistance to any other purposes specified in the Scheme;
     • (i) to meet the day to day administrative expenses of the Board and other expenses as directed by the Government, from time to time.
5. (5) Subject to the provisions of this Act, the Scheme framed under sub-section (1) may provide for, all or any of the matters specified in subsection (4) and in the schedule.
6. (6) The Scheme after it is framed shall be laid, as soon as may be after it is framed, 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 amendment in the Scheme or decides that the Scheme should not be made, the Scheme shall, thereafter have effect, only in such amended form or be of no effect as the case may be; so however that any such amendment or annulment shall be without prejudice to the validity of anything previously done under the Scheme. 4. Contribution to the Fund.- (1) Every worker who join as a member of the Fund shall contribute to the Fund, an amount of rupees fifty per month as contribution.
7. (2) The contribution payable under sub-section (1), shall be remitted in any nationalised bank or co-operative bank as approved by the Board for collecting the same or institutions as decided by the Government. It may be paid in advance monthly, half yearly or yearly.
8. (3) The Government shall contribute to the fund such amount as contribution or grant, as fixed in accordance with the number of workers and the number of days of work.
9. (4) The State Government shall contribute a fixed amount, monthly or yearly, for the welfare of the employment guarantee workers.
10. (5) The Government may, by notification, modify the rate of contribution specified in sub-section (1), for the smooth functioning of the Scheme, once in three years.
11. (6) Every notification under sub-section (5), shall be laid as soon as may be, after it is issued, 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 notification or decides that, the notification should not be issued, the notification 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 notification.