Amendment of seciion 8, In 4 0f 1936.-In Section 8 of the Payment of

Wages Act, 1936 (Central Act 4 of 156i lits application 10 the State of Kerala, in sub- Co section (8), before the Explanation, he folléwing provise shall be inserted, namely :- wo IE : my In ” "Provided that in the case of any Establishment to which the Kerala Labour Welfare Fund Act, 1975, applies all such relations; shall be paid into the fund constituted under that Act." i | od ol | i i ’ | . | | | ' od i & B i i | I . ! .

Hg THE KERALA LABOUR VFLPARE FUND (AMENDMENT) to . ACT 1986 [1] ¢ | (ACT 1 OF 1987) An Act io amend the Kerala Labour po Fund. Act, 1975. | . Preamble— WHEREAS it is expedient to amend the Kerala Labour Welfare. Fund | H Act, 1975, for the purposes hereinafier appearing; 4 | BE it enacted in the Thirty-seventh Year of the Republic of India as follows: — 1. Short title and Commencement, 4 1) This Act may be called the Kerala Labour Welfare Fund (Amendment) Act, 19806. ! . )

1. (2) Section $ shall be deemed to have [come into force on the Ist day of January, 1983 Co and the remaining provisions of this Act shall be deemed to have come into force on the . 25th day of February, 1984. | { & 2 Amendment of section 2— In section 2 of the Kerala Labour Welfare Fund Act, 1975 (11 of 1977) (hereinaficr referred t0:as the principal Act) — .
2. (1) in clause (d), in sub-clause (i}— | |
   • (i) in the opening paragraph, for the words "for a period of one hundred and fifty days © in an year", the words "for an aggregate périod of not less than thirty days during the preceding twelve months” shall be substithted; ! ’ | |
   • (ii) in item (B). for the words "seven hundred and fifty nipecs” the words ** two thousand and five hundred rupees” shall bl: substituted ; | L @) in clause ().— |
   • (a) for sub-clause (iii), the following sub-clause shall be stositted, namely; — & "(iii) any land used for growing tea, rubber, coffee, cardarhom, oil palm or cocoa, in which ten or more persons are employed or were employed in any day of the preceding twelve months: | , .
   • (b) in sub-clause (iv),— .
     • (i) after the word, brackets and figure |e (4)", the words brackets and figures "or any shop within the meaning of clause (15)" shall be inserted: i
     • (ii) the provisos shall be omitted. Ge § A o 3. Amendment of section 3.—In subsection (2) of section 3 of the principal Act,— | ,
     • (i) in clause (b). for the words, figures and brackets “Standing Order 20 of the Model Standing Orders issued under the Kerald Industrial Employment (Standing Orders) Rules, 1947", the words, figures and brackets "Standing Order 17 of the Model Standing Orders . issued under the Kerala Industrial Employment (Standing Orders} Rules, 1958" shail be i H substituted : . | w ON f Fy
     • (ii) clause (1) shall be omitted. 4. Substitution of new section for section 14.—For section 14 of the principal Act, the following section shall be substituted. naiely:— h "14. Interest on the employers and eleyeas contributions unpaid accumula tions or | i Sines after notice of demand, —(1) If an émployer docs not pay to the Fund any amount i of the employers’ and employees’ contribitions due under section 15 before the date specified in that section or does not pay td the Board any amount of the unpaid accumulations or fines. realised from the bmployees within the time specified by or under this Act, the Commissioner may serve or tausc 1o be served on such employer a notice to pay the amount within the period specifict therein, which shall not be less than thirty days from the date of service of such notice. | i LE 2) If the employer fails, without boat cause, to pay the amount specified in a : notice issued under sub-section (1) within lhe period specified therein, he shall be liable a to pay. in addition to that amount, to the Flind or the Board, as the case may be, by way of penaliy. simple interest at the rate of nine per cent per annum from the date on which the amount fell due: | Provided that the Government may, subject to such conditions as may be prescribed, | i remit the whole or any part of the penalty 1 respect of any period." Lo \ . 5. Amendment of section 15.—In section 15 of the principal Act, in sub section (1), for the words "fifty paisc” and "onc rupee”! the words "one rupee” and "two rupees” shall respectively be substituted. cod | 6. [nsertion of new section 28A anh section 28 of the incipat Act, the . following section shall be inscried, mannely 1 " "28A. Penalties for other offences. — 0) Whocver contravenes, or makes default in ’ complying with any of the provisions of this Act or of any rules or regulations made there w under shall. if no penalty is provided in section 28 for such contravention or default, be punishable with imprisonment for a term which may extend to Six months, or with fine which may extend to five hundred rupees, of with both. i
3. (2) A court while passing a judgement Lonvicting a person under sub section (1) for | ’ : making default in the payment of any amount due to the Fund or the Board shall also : | | : | | | I ’ N B | . &e . re order that such amount be recovered from such person as if it were a fine imposed by such court and paid to the Fund or the Pe as the case may be." i . ' i ' 7. Amendment of section 29.—In sub-section (1) of section 29 of the prin cipal Act, ] ’ for the words "except on a complaint by jor with the previous sanction in writing of, the Commissioner”, the words "except on a complaint made by an Inspector with the previous sanction in writing of the J. shall be substituted. | 8 Amenciment of section 31 —In “1 31 of the principal Act,—
   • (a) for the words "the datc on which the offence is alleged to have been committed”, the words "the date on which the offence came to the notice of the Inspector” shall be substituted; | i f
   • (b) the following proviso shall be inscried at the end, namely:— "Provided that no court shall také gsc of an offence punishable by or under this Act afier the expiry of three years from the date on which the offence is alleged to I ' have been committed.” | } ' 9. Repeal and saving. — (1) The Kerala Labour Welfare Fund (Amend ment) ¢ Ordinance, 1986 (71 of 1986), is hereby i :
4. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been (aken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as . amended by this Act. | | | | ’ 4 ! 1 | : | | “ | | [ | [