The Kerala Handloom Workers Welfare Fund Act 1989

(1) This Act may be called the Kerala Handloom Workers Welfare Fund Act, 1989. (2) It extends to the whole of the State of Kerala.

In this Act, unless the context otherwise requires,— (a) "Board" means the Handloom Workers Welfare Fund Board constituted under section 6; (b) "Chief Executive Officer" means the Chief Executive Officer appointed under section 9; (c) "contribution" means the sum of money payable by the employer and the employee to the Fund under the provisions of section 4; (d) "employee" means any person who is employed for wages in any handloom industry to do any skilled or unskilled manual, supervisory, technical or clerical work; (e) "employer" means any person who employs, either directly or through another person, or whether on behalf of himself or any other person, one or more employees in any handloom industry and includes any person who has the ultimate control over the affairs of the handloom industry; (f) "Fund" means the Handloom Workers Welfare Fund established under section 3; (g) "handloom industry" means the industry of weaving cloth on handlooms and includes all processes preparatory to and ancillary for such weaving; (h) "member" means a member of the Fund; (i) "Scheme" means a scheme framed under this Act.

(1) The Government shall, by notification in the Gazette, frame a scheme to be called the Handloom Workers Welfare Fund Scheme for the establishment of a Fund for the handloom workers in the State of Kerala and there shall be established, as soon as may be after the framing of the scheme, a Fund in accordance with the provisions of this Act and the Scheme. (2) There shall be credited to the Fund: (a) the contributions specified in section 4; (b) the amount borrowed by the Board; (c) damages realised under section 14; (d) grants or loans or advances made by the Government; (e) any other amount to be credited to the Fund under the provisions of the Scheme. (3) The Fund shall vest in, and be administered by, the Board.

(1) Every employee shall contribute to the Fund such amount as may be specified in the Scheme and the employer shall contribute such amount as may be specified in the Scheme. (2) Every employer shall pay to the Fund both the contribution payable by himself and also, on behalf of the employee employed by him, the contribution payable by such employee. (3) Every employer shall, on or before such date of each month as may be specified in the Scheme, pay to a person or bank as may be so specified, the total contribution payable by himself and the employee. (4) The employer shall be entitled to recover from the employee the contribution paid by him on behalf of the employee, in such manner as may be specified in the Scheme. (5) An employer shall not, by reason only of his liability for the payment of any contribution to the Fund, reduce directly or indirectly the wages of any employee or except as provided by any law, otherwise alter to the disadvantage of such employee any condition of service. (6) Any contribution, interest or other amount due from an employer or other person under this Act or the Scheme may be recovered as an arrear of land revenue.

(1) Where a member leaves the employment of one employer and obtains employment under another employer, the account of such member shall be transferred to the new employer in such manner as may be specified in the Scheme. (2) Every employer shall furnish such details of the employees as may be required for the purpose of sub-section (1) and comply with such directions as may be issued by the Board in this behalf.

(1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board to be called the Handloom Workers Welfare Fund Board for the administration of the Fund and to supervise or carry out the activities financed from 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 may be appointed by the Government consisting of: (a) representatives of Government; (b) representatives of employers; (c) representatives of employees. (4) The number of directors representing employers and employees shall be equal in number. (5) The Government shall appoint one of the directors to be the Chairman of the Board. (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 the Chairman or to the Chief Executive Officer or to any other officer of the Board such of its powers and functions under this Act or the Scheme as it may consider necessary for the efficient administration of the Fund.

(1) The Board shall meet and conduct its business in such manner as may be specified in the Scheme. (2) Any vacancy in the Board or any defect in the constitution of the Board shall not invalidate any proceedings of the Board held at any time.

(1) The Government shall, by notification in the Gazette, frame a scheme to be called the "Kerala Handloom Workers Welfare Fund Scheme" for the establishment of a Fund under this Act and there shall be established, as soon as may be after the framing of the scheme, a Fund in accordance with the provisions of this Act and the scheme. (2) There shall be credited to the Fund: (a) contributions specified in section 9; (b) the amount borrowed by the Board; (c) damages realised under section 12; (d) grants or loans or advances made by the Government; (e) any interest or other income earned from the investments of the Fund; (f) any amount raised by the Board from other sources; (g) any fee or charge levied under the scheme; (h) any amount received from any other source.

(1) The contribution to the Fund shall be paid by the handloom worker and the master weaver or primary society or the employer, as the case may be, in such manner as may be specified in the scheme. (2) The Government may, by notification in the Gazette, specify the rates of contribution payable by the handloom worker and the employer. (3) The employer shall pay the contribution payable by himself and also the contribution payable by the handloom worker and shall be entitled to recover the contribution of the handloom worker from his wages in such manner as may be specified in the scheme. (4) The Government may, by notification in the Official Gazette, enhance the rates of contribution specified in sub-sections (1), (2) and (3) of section 14, or sections 15, 16, 17, 17A as they deem fit, following the procedure as may be prescribed.

The administration of the Fund shall vest in the Board constituted by the Government in the manner prescribed, which shall consist of representatives of the Government, employers and handloom workers, as the Government may deem fit.

(1) The Government may, by notification in the Gazette, frame a scheme for the establishment of a Fund under this Act for the welfare of handloom workers and provide for all or any of the matters specified in sub-section (2). (2) A scheme framed under sub-section (1) may provide for: (a) registration of handloom workers and employers; (b) the contribution to be paid and the rates thereof; (c) the manner in which the Fund may be administered; (d) the procedure to be followed for the grant of benefits; (e) any other matter which is necessary for the administration of the Fund. (3) Without prejudice to the generality of the provisions contained in sub-section (1), the scheme may provide for all or any of the matters specified in the Schedule to the Act. (4) The Government may, by notification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively and such amendment shall be deemed to have been part of the original scheme from the date of the notification.

(1) Where an employer makes default in the payment of any contribution to the Fund, under the provisions of this Act or the scheme, the Board may recover from the employer such damages, not exceeding the amount of arrears, as it may think fit to impose. (2) The Board may recover the damages under sub-section (1) in the same manner as arrears of land revenue under the Kerala Revenue Recovery Act, 1968.

(1) The amount standing to the credit of any handloom worker in the Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the handloom worker and neither the Official Assignee nor any Receiver appointed under the Insolvency Act, 1955 shall be entitled to, or have any claim on, any such amount. (2) Any amount standing to the credit of any handloom worker in the Fund at the time of his death and payable to his nominee shall, subject to any deduction authorised by this Act and the scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the handloom worker.

(1) The Board may, with the prior approval of the Government, delegate to any officer of the Board any of its powers or functions under this Act or the scheme, except the power to make regulations. Any amount due from an employer or a worker under this Act shall be recoverable as if it were an arrear of land revenue.

No act or proceeding of the Board shall be deemed to be invalid by reason only of any defect in the constitution of the Board or of any irregularity in the procedure of the Board not affecting the merits of the case. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appears to them necessary or expedient for the purpose of removing the difficulty.

(1) The Government may, by notification in the Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed under this Act. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly.

(1) If the Government are of the opinion that the Board is unable to perform its duties or has persistently made default in the performance of the duties imposed on it by or under the provisions of this Act, the Government may, by notification in the Gazette, dissolve the Board with effect from such date as may be specified in the notification.

On the dissolution of the Board under section 18, the assets and liabilities of the Board shall vest in the Government and shall be dealt with in such manner as the Government may deem fit.

(1) If the Government are of the opinion that the Board is not competent to perform its duties, the Government may supersede the Board for such period as may be specified.

(1) The Government or any officer authorised by the Government may call for any information or report from the Board regarding the administration of the Fund.

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed. (2) The accounts of the Board shall be audited annually by such auditor as the Government may appoint.

(1) Notwithstanding anything contained in section 22, the Government may, for the initial period, transfer any amount from the consolidated fund of the State to the Handloom Workers Welfare Fund as may be considered necessary for the purpose of this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, for the purpose of removing the difficulty, by order, do anything not inconsistent with the provisions of this Act. (1) Every handloom worker to whom this Act applies shall get himself registered under this Act. (2) Details regarding the registration may be prescribed by the Board.

(1) Every handloom worker on registration shall be a member of the Fund. (2) Every member under this Act shall be eligible for the benefits associated with the Fund.

(1) The contribution to the Fund shall be made by the handloom worker and the employer at the rates as specified by the government. (2) The Board shall be responsible for the collection and management of these contributions, ensuring that they are credited properly to the accounts of the members.

The Kerala Handloom Workers Welfare Fund Ordinance, 1988 (14 of 1988) is hereby repealed.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything which appears to them to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.

The Government may, by notification in the Gazette, make rules to carry out the provisions of this Act.