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section 28

MeNGIMOS MILIMAAS ZoMoMooom AlWa@DBMlenDaldesocnsm aoe.

The Kerala Madrasa Teachers' Welfare Fund Act, 2019
Education201925 sections
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In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to authorise the publication in the Gazette of the following translation in English language of the Kerala Madrasa Teachers Welfare Fund Act, 2019 (18 of 2019).

By order of the Governor,

ARAVINTHA BABU P. K.,

Law Secretary.

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[Translation in English of the 2019-ma GCSB AGMIWVae ceva (@1qaQ published under the authority of the Governor.]

ACT 18 OF 2019 THE KERALA MADRASA TEACHERS WELFARE FUND ACT, 2019

An Act to provide for the constitution of a Welfare Fund for the welfare of the Madrasa teachers in the State and to pay pension and other benefits to them and for other

matters connected therewith or incidental thereto.

Preamble. -WHEREAS, it is expedient to provide for the constitution of a Welfare Fund for the welfare of the Madrasa teachers in the State and to pay pension and other benefits to them and for other matters connected therewith or incidental thereto;

BE it enacted in the Seventieth Year of the Republic of India, as follows:

1. Short title and commencement. (1) This Act may be called the Kerala Madrasa

Teachers Welfare Fund Act, 2019.

  1. (2) It shall be deemed to have come into force on the 4" day of September, 2018. 2. Definitions tn this Act, unless the context otherwise requires,-
    • (a) Board means the Kerala Madrasa Teachers Welfare Fund Board constituted under section 10;
    • (b) Chief Executive Officer means the Chief Executive Officer of the Board appointed as per clause (vi) of sub-section (3) of section 10;
    • (c) Committee means Committee constituted for the administration of Madrasa or other administrative committee and include person responsible for the payment of wages to the Madrasa teacher; { a - at a»Beautety Vhis is a digitally signed Gazette. Authenticity may be verified through hups://compose.kerala. gov.in/
    • (ad) contribution means the amount payable to the Welfare Fund by the members of the Welfare Fund under sub-section (1!) of section 5 and by the Committee under sub-section (2) of section 5;
    • (ec) Corpus Fund means the fund specified in section 4; (f) dependent means wife or husband, minor children, unmarried or widowed or divorced daughters, mentally or physically disabled children or father or mother who are solely dependent on the member;
    • (g) "Fund" means the Kerala Madrasa Teachers Welfare Fund constituted under section 3;
    • (h) "Government" means the Government of Kerala;
      • (i) Madrasa means an institution constituted for the study of muslim religious principles, rituals and includes any institution by whatever name called where muslim religious principle, rituals or idea are taught; i
    • (j) Madrasa Teacher means teacher appointed in Madrasas of the State for the purpose of teaching Muslim religion, but shall not include teachers in the service entitled to receive pension or other benefits from the Local Self Government Institutions or Semi-Government Institutions or Central or State Governments or teachers coming within the purview of the Kerala Education Rules, 1959;
    • (k) "member" means a Madrasa Teacher who has been enrolled as a member in the Welfare Fund under the provisions of this Act or a Madrasa teacher ; i ue oe : mfaf a '

continuing as a member of the Kerala Madrasa Teachers Welfare Fund Scheme,

2010;

  1. (1) "Notification" means a notification published in the Kerala Gazette,
    • (m) "prescribed" means prescribed by rules made under this Act, This is a digitally signed Gazette, Authenticity may be verified through hitps://compose.kerala.gov.in/
    • (n) "Scheme" means the Kerala Madrasa Teachers Welfare Fund Scheme framed under section 3;
    • (o) Workers Welfare Fund means the Kerala Madrasa Teachers Welfare Fund Scheme framed as per G.O.(P) No.209/2010/GAD dated 315* May, 2010 by the General Administration (Minority Cell) Department;
    • (p) State means the State of Kerala;
    • (q) Year means financial year starting from April onwards.

3. Kerala Madrasa Teachers Welfare Fund (1) As soon as, after the

commencement of this Act, the Government shall, by notification, frame a Scheme

to be called the "Kerala Madrasa Teachers Welfare Fund Scheme and after framing

of the Scheme, constitute a Fund to be calted "the Kerala Madrasa Teachers Welfare

Fund" under the provisions of this Act and the Scheme.

  1. (2) Subject to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule.
  2. (3) The following shall be credited to the Fund, namely:
    • (a) Corpus Fund as per section 4;
    • (b) any grants, loans or advances as may be given by the Central-State Governments or Local Self Government Institutions or other Institutions:
    • (c) contributions as per section 5;
    • (d) any donation voluntarily given to the Fund by any organisation or meeRemaSg,0a aS institution or person;
    • (c) amount transferred to the Fund as per section 16;
    • (f) any grants, loans or advances as may be given by the Central Government or the State Government or any other institution or organisation; ae Aas] Mis is adiedaliv signed Gazette. be . \uthenteity may be verified through hitps://compose.kerala. gov.inf pe StL
    • (g) any fees levied under the Scheme;
    • (h) any other amount, to be credited to the Fund under the provisions of the Scheme;
      • (i) any amount mobilised by the Board from any sources to increase the resources of the Fund.
  3. (4) The Fund shall vest in the Board constituted as per section 10 and shall be administered by the Board.
  4. (5) The Fund may be utilised for all or any of the following purposes, namcly:-
    • (a) for the payment of a fixed amount and pension to a member who has completed sixty years of age and has remitted contribution for not less than five ycars, al such rate, as may be specified in the Scheme, based on the number of years for which he had remitted contribution. Explanation 1. -The Board shall have the power to take decision regarding the eligibility of pensionary benefits of a member who could not continue his employment. Explanation 2. -In the case of a member who had remitted contribution for a period less than five years and is unable to continue in employment shall be eligible only for the amount remitted by him to the Welfare Fund;
    • (b) for the payment of pension and other benefits to the dependents of the deceased in the event of death of a member who is eligible for pension and benefits as per clause (a);
    • (c) for the payment of expenses for treatment of the member who suffers from disease; This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
    • (d) for the payment of expenses for treatment of the member who met with an accident,
    • (e) for the payment ofbenefits to the dependents ofthe deceased in the event ofdeath of a member who is eligible for the benefits;
    • (f) a member, shall be eligible for the payment of amount remitted to the Fund and the share of the Committee on cessation of his employment, who has remitted contribution continuously to the Fund for five years or more;
    • (g) for any other purpose as may be specified in the Scheme;
    • (h) for the day to day administrative expenses of the Board.
  5. (6) The Scheme framed under sub-section (1) shall be laid, as soon as may be afier 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 ofthe session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the Scheme or decides that the Scheme should not be issued, the Scheme 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 the Scheme. 4. Corpus Fund.- For the smooth functioning of the Fund, to ensure better benefits to the members and for providing it without fail and for minority welfare activities Government shall sanction amount from the Grant earmarked in the State budget and it shall be the Corpus Fund of the Welfare Fund. Corpus Fund shall be interest free deposit and the amount received as Government contribution shall be utilized for insurance coverage premium, service charge, amount to be given to the members who are retiring and other expenses approved by Government. nee eats ee 5 . Vius is a digitally signed Guzette. (eeeal ni =] Authenticity may be verified through https://compose.kerala,gov. ; 5 Contribution to the Fund {1) Each Madrasa Teacher who is a member of ihe Fund shall pay rupees fifty per month as contribution to the Fund.
  6. (2) Each Committee shall pay rupees fifty per month as contribution for each Madrasa Teacher under the Committee.
  7. (3) The Government may, by notification, from time to time, revise the rate of contribution referred in sub-sections (1) and (2), subject to a maximum limit of rupees five hundred, for the management ofthe Scheme.
  8. (4) Every notification under sub-section (3) shall be laid as soon as may be, after it is issued, before the Legislative Assembly while it is in session fora total period of fourteen days which may be comprised in one session or in two successive sessions and, ifbefore 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 ofno 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.
  9. (5) The contribution shall be paid in the name of the Chief Executive Officer or any other officer authorised in this behalf, as specified in the Scheme. 6. Membership in the Fund. (1) Any Madrasa teacher as defined in clause () of section 2 and who has completed eighteen years of age but not completed fifty five years of age, may apply to the Board for admission as a member in, such form and manner, as may be specified in the Scheme.
  10. (2) On an application under sub-section (1), the Board may make such enquiry as it deems fit and may either admit the applicant to the Fund or for reasons to be recorded in writing, reject the application: ii Vhis is a digitally signed Gazette Authenticity may be vevified through hitps://compose.kerala.gov ity Provided that no order rejecting an application shall be passed without giving the applicant an opportunity ofbeing heard: Provided further that any person aggrieved by an order rejecting any application for membership may prefer an appeal to the Government within such period, as may be specified, in the Scheme.
  11. (3) Every applicant shall pay such amount, as may be specified, in the Scheme as application fee, in such manner along with the application.
  12. (4) Every member who has enrolled as a member in the Fund shall be issued a certificate of membership, Identity Card and a pass book recording the details, as may be specified and a register shall be kept in this regard.
  13. (5) A member of the Fund, on completion of service or on resignation or on termination from service shall cease to be a member ofthe Fund. 7. Cancellation of Membership. (1) The membership of a member shall be cancelled by the Board or the officer authorised in this behalf, if it is found that a member has made any kind of manipulation or has given false information at any time in connection with the conditions for membership to obtain benefits as per the Scheme: Provided that no order ofcancellation ofmembership shall be passed unless the applicant has been given an opportunity ofbeing heard.
  14. (2) Membership in the Fund shall automatically cease ifa member commits default in making payment of contribution continuously for a period of six months.
  15. (3) Appeal against the orders under sub-section (1) shall be filed before the Government within such period, as may be specified in the Scheme. This is a digitally signed Gazette. Authenticity may be verified through hitps://compose.kerala.gov.in/ 8. Revival of Membership. The membership of a member which has been ceased as per sub-section (2) ofsection 7 may be revived on payment of full amount of contribution within one year from the date of cessation of such membership.

9. Amendment of the Scheme ({1) The Government may, by notification,

amend the Scheme framed under this Act, either prospectively or retrospectively.

  1. (2) Every notification under sub-section (1) 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 offourteen 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 ofno effect, as the case may be: so however, that any such modification or annulment shal! be without prejudice to the validity of anything previously done under that notification.

10. Constitution ofthe Board. (1) The Government may, by notification, with effect from such date as may be specified therein, constitute a Board to be called, the Kerala Madrasa Teachers Welfare Fund Board for the administration and management ofthe Fund and to supervise and implement connected activities.

  1. (2) The Board shall be a body corporate by the name "the KeralaMadrasa Teachers Welfare Fund Board" having perpetual succession and a common seal and shall, by the said name, suc and be sued.
  2. (3) The Board shall consist ofmembers nominated by the Government as hereinafter provided, namely:
    • (i) A person nominated by the Government, he shall be the Chairman of the Board; = on ely This is a digitally signed Gazeite rigid Authenticity may be verified through https://compose kerala.gov.1/ reese)
    • (ii) Six members representing Madrasa teachers;
    • (iii) Six members representing Madrasa Committee;
    • (iv) Director, Minority Welfare Department;
    • (v) An officer of the Minority Welfare Department not below the rank of a Deputy Secretary to Government;
    • (vi) An officer ofthe General Administration Department not below the rank of a Section Officer, he shall be the Chief Executive Officer of the Board;
    • (vii) An officer of the Finance Department not below the rank of a Deputy Secretary to Government,
    • (viii) An officer of the Law Department not below the rank of a Joint Secretary to Government.
  3. (4) The Board shall administer the Fund vested in it in such manner as may be specified in the Scheme.
  4. (5) The Board may, with the previous approval of the Government, delegate to the Chairman or to any other authority of the Board such of its powers and functions under this Act or the Scheme as it may consider necessary, for the efficient administration ofthe Fund, subject to such restrictions and conditions, as it may deem fit. ll. Meeting of the Board ()) The Board shall meet at least once in three months to transact its business.
  5. (2) Quorum of the meeting shall be the presence ofat least, more than half of the members including Chairman. Quorum shall deemed to be satisfied ifat least two members among the Official members are present. Sd ee This is a digitally signed Gazette. Authenticity may be verified throughhitps://composekerala.gov.in/ fl
  6. (3) The Chairman or in his absence, a member of the Board to be elected from among the members present at the meeting shall preside over the meeting of the Board.
  7. (4) Any matter coming up before a meeting of the Board shall be decided by a majority of the members present and voting at the meeting and in the case of equality of votes, the Chairman or the member presiding over the meeting, shall have right for a casting vote. 12. Term of office of members of the Board {1) The non-official members appointed under sub-section (3) of section 10 shall hold office for a period of five years from the date ofpublication ofthe notification in the Gazette constituting the Board.
  8. (2) Any non-official member may resign his membership by giving notice in writing 10 the Government, but shall continue to hold office until his resignation is accepted by the Government.
  9. (3) The Government may appoint new members in the casual vacancy arose as per sub-section (2), for the remaining period available to the member resigned, had he continued in the office.
  10. (4) The Government may at any time, for reasons to be recorded in writing, remove from office any official member, ifthe Government is ofthe opinion that, in public interest it is improper to allow such member to continue in office. 13. Disqualification and removal ofnon-official members. (1) The Government may remove any non-official member ofthe Board from office,-
    • (a) ifhe is ofunsound mind,
    • (b) ifhe is adjudged as undischarged insolvent, imeer This is a digitally signed Gazette. Authenticity may be verified through htips://compose.kerala.govin!
    • (c) if he, without the permission of the Board, fails to attend three consecutive meetings of the Board; or
    • (d) if in the opinion ofthe Government, he is not suitable or has become incapable of acting as a member of the Board or has so abused his position as a member as to render his continuance as member ofthe Board as such detrimental to public interest: Provided that before removing a member of the Board under this subsection, he shall be given a reasonable opportunity to show cause why he should not be removed.
  11. (2) A non-official member of the Board removed under clause (c) of subsection (1) shall be disqualified for re-nomination as a member of the Board for a period of three years from the date of his removal, unless otherwise ordered by the Government.
  12. (3) A non-official member removed under clause (d) of sub-section (1) shall not be eligible tor re-nomination as a member ofthe Board until he is declared by an order ofthe Government to be no longer ineligible. 14. Sitting fees, travelling allowance and daily allowance to members of the Board.- The sitting fees of the non-official members of the Board and travelling allowance and daily allowance of all members of the Board shall be at such rate as may be prescribed. 15. Appointment of Officers and Staff {1) The Government may appoint a Chief Executive Officer, two Assistants, an Accountant, an Office Attendant and other officers and staff as it may consider necessary to perform the functions ofthe Board under this Act. Fi This is a digitally signed Gazette. Authenticity may be verified through hups://compose.kerala.gov.in!
  13. (2) The method of appointment, salary and allowance, condition regarding disciplinary action and other service conditions ofofficers and staffappointed under sub-section (1) shal] be in, such manner as may be prescribed.
  14. (3) The ChiefExecutive Officer ofthe Board or other Officer authorized by him shall be responsible for the implementation ofthe decisions ofthe Board.

16. Specialprovisionsfor transferring the consolidated amountfrom the existing Workers Welfare Fund. (\) All amounts in the account of a member of the Workers Welfare Fund on the date ofcommencement ofthis Act shall be transferred to the Fund established under this Act and credited to the account in such manner as may be prescribed and the amount in the credit of a member of the Welfare Fund shall be credited to his account. The liability ofa member to pay contribution to the

Workers Welfare Fund, shall be ceased on such date. The amount in the Fund

constituted as per this Act shall be deposited and operated in the Treasury Savings

Bank Account (Interest Free) by the Government.

  1. (2) All claims regarding such schemes shall be decided by the Board constituted under this Act.

17. Power ofthe Board to borrow. The Board may, from time to time,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 ofthe Fund.

18, Non-official Members of the Board to be public servants. Every non-official member of the Board and other officers of the Board including Chief Executive Officer shall be deemed to be a public servant within the meaning of

section 21 ofthe Indian Penal Code, 1860 (Central Act 45 of 1860).

19. Protectionofaction taken in goodfaith- No suit or other legal proceedings

shall lie against any member ofthe Board or any other person assisting the Board in

ts

This is a digitally signed Gazette. Authenticity may be verified through hups://compose.kerala.gov in!

the discharge ofits functions and duties in respect ofanything which is done in good

faith or intended to be done under this Act or under the Scheme.

20. Directions by Government.- __The Government may, from time to time, give

directions to the Board, and the Board is bound to implement them.

21. Power to order enquiry. -(1) The Government may, at any time, appoint an officer not below the rank ofa Secretary to Government as enquiry officer to enquire into the working of the Board and to submit report to the Government.

  1. (2) The Board shall give the enquiry officer so appointed, all facilities for the proper conduct ofthe enquiry and furnish such documents, accounts and information in the possession ofthe Board as he may require. 22. Audit of Accounts of the Fund and appointment ofauditors(1) The Board shall entrust State Audit Department to audit the accounts ofthe Fund in such manner, as may beprescribed.
  2. (2) The accounts of the Fund shall be audited every financial year by such auditors.
  3. (3) Further inspection shall be conducted through Accountant General regarding the Audit report or follow up action, as the Government deems fit. 33, Annual report and audited statement ofaccounts. (1) For everyfinancial year, the annual report of the Fund, showing the complete details of its activities of the previous year shall be prepared by the ChiefExecutive Officer after getting the approval of the Board and a copy of the report together with the audited statement ofaccounts, shall be submitted to the Government before the 31* July ofevery year by the Board.
  4. (2) As soon as the annual report is received, the same together with the audited statement ofaccounts shall be laid before the Legislative Assembly. Rea e fat n ra This is a digitally signed Gazette. a Authenticity may be verified through https://compose.kerala.gov.iv 24. Bar on Jurisdiction ofCivil Courts No Civil Court shall have jurisdiction to settle, decide or deal with any problem or any matter which is by or under this Act or the Scheme, required to be settled, decided or dealt with or to be determined by the Government or the Board or the ChiefExecutive Officer or any officer authorised by the Board. 25. Power to summon witness and take evidence. The Board shall, for the purposes of enquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code ofCivil Procedure, 1908 (Central Act 5 of 1908) in respect ofthe following matters, namely:
    • (a) enforcing the attendance of any person or examining him on oath;
    • (b) requiring the discovery and the production ofdocuments;
    • (c) receiving evidence on affidavit; and
    • (d) engaging Commission for the examination ofwitnesses.

26. Removal ofdifficulties Q) If any difficulty arises for implementing the provisions ofthis Act, the Government may, by order published in the Gazette, make provisions which appear to them to be necessary and not inconsistent with the

provisions ofthis Act, for the purpose of removing the difficulty:

Provided that no such order shall be passed after the expiry oftwo years from

the date of commencement of this Act.

  1. (2) Every order issued under sub-section (1) shall be laid before the Legislative Assembly.

27. Power to make rules (1) The Government may, by notification, make rules either, retrospectively or prospectively, for the purpose of carrying into effect

the provisions ofthis Act.

This is a digitally signed Gazette. Authenticity may be verified throughhttps://compose kerala.gov.in/

  1. (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 n 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 ofanything :

previously done under that rule.

28. Repeal and saving ({1) The Kerala Madrasa Teachers Welfare Fund Ordinance, 2019 (30 of 2019) is hereby repealed.

  1. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.

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