The Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006

(1) This Act may be called the Kerala Shops and Commercial Establishments Workers' Welfare Fund Act, 2006. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

In this Act, unless the context otherwise requires,- (a) "Board", means the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board constituted under section 6; (b) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section 9; (c) "Contribution" means the sum of money payable to the Fund under section 4; (d) "employer" means a person who employs, directly or indirectly; whether, on behalf of himself or for any other person, one or more workers to do any work in institutions including hospital, nursing home, ayurvedic pharmacy, dispensary, medical shop, paramedical institution, parcel service, petrol-diesel-autogas bunks, fish processing establishment, food processing establishment, textile manufacturing establishment, hotel, restaurant, meat shop, computer-computer allied service establishment, printing press, telephone booth; courier service, cooking gas distribution agency, hostel, hill produce-procurement and marketing establishment, small scale copra processing unit, small scale oil mill, leather procurement establishment, small scale foot wear-bag manufacturing establishment, cinema theatre, photo/video studio, bakery, automobile-engineering establishment, establishment providing sound, light and decoration or in trade/commercial establishments coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960; (34 of 1960); (e) "family" means,- husband/wife, their minor children, unmarried daughters; and father, mother and widowed daughters who are dependent on the worker or self employed person, coming under the purview of the Kerala Shops and Commercial Establishments Act; (f) "Fund" means the Kerala Shops and Commercial Establishments Workers' Welfare Fund established under section 3; (g) "Worker" means an employee coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960, (34 of 1960) and includes a person employed in Establishments including hospitals, nursing home, ayurvedic pharmacy, dispensary, medical shop, paramedical institution, parcel service, petrol-diesel-autogas bunks, fish processing establishment, food processing establishment, textile manufacturing establishment, hotel, restaurant, meat shop, computer-computer allied service establishment, printing press, telephone booth, courier service, cooking gas distribution agency, hostel, hill produce-procurement and marketing establishment, small scale copra processing unit, small scale oil mill, leather procurement establishment, small scale foot wear-bag manufacturing establishment: cinema theatre, photo/video studio, bakery, automobile-engineering establishment, establishment providing sound, light and decoration or in trade/commercial establishments and who receives wages from the employer directly or otherwise or through contractor or agent or by agreement or otherwise or a self employed person and any other person, declared by the Government from time to time, by notification in the Gazette, for the purposes of this Act to be an employee coming under the purview of the Kerala Shops and Commercial Establishments Act: "employer" means a person who employs, directly or indirectly, whether on behalf of himself or for any other person, one or more workers to do any work in institutions including hospital, nursing' home, ayurvedic pharmacy, dispensai'y, medical shop, paramedical institution, parcel service, petrol-diesel-autogas bunks, fish processing establishment, food processing establishment, textile manufacturing establishment, hotel, restaurant, meat shop, computer-computer allied service establishment, printing press, telephone booth, courier service, cooking gas distribution agency, hostel, hill produce-procurement and marketing establishment, small scale copra processing unit, small scale oil mill, leather procurement establishment, small scale foot wear-bag manufacturing establishment, cinema theatre, photo/video studio, bakery, automobile-engineering establishment, establishment providing sound, light and decoration or in trade/commercial establishments coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960); "family" means, husband/wife, their minor children, unmarried daughters; and father, mother and widowed daughters who are dependent on the worker or self employed person, coming under the purview of the Kerala Shops and Commercial Establislimcnts Act; (f) "Fund" means the Kerala Shops and Commercial Establishments Workers' Welfare Fund established under section 3; (g) "Worker" means an employee coming under the purview of the Kerala Shops and Conimercial Establishments Act, 1960, (34 of 1960) and includes a person employed in Establishments including hospitals, nursing home, ayurvedic pharmacy, dispensary, medical shop, paramedical institution, parcel service, petrol-diesel-autogas bunks, fish processing establishment, food processing establishment, textile manufacturing establishment, hotel, restaurant, meat shop, computer-computer allied service establishment, printing press, telephone booth, courier service, cooking gas distribution agency, hostel, lull produce-procurement and marketing establishment, small scale copra processing unit, small scale oil mill, leather procurement establishment, small scale foot wear-bag manufacturing establishment: cinema theatre, photo/video studio, bakery, automobile-engineering establishment, establishment providing sound, light and decoration or in trade/ commercial establishments and who receives wages from the employer directly or btherwise or through contractor or agent or by agreement or otherwise or a self employed person and any other person, declared by the Government from time to time, by notification in the Gazette, for the purposes of this Act to be an employee coining under the purview of the Kerala Shops and Commercial Establishments Act: Provided that the employees coming under the purview of the Factories Act, 1948 (Central Act 63 of 1948) or the Plantation Labour Act, 1951 (Central Act 69 of 1951) or those working in the Establishments where any other Welfare Fund of the Government of Kerala, are applicable and in Establishments exempted by the Government, from the provisions of the Kerala Shops and Commercial Establishments Act, 1960 and those who are getting benefit under the purview of any other law, for the time being in force, shall not be included in this Welfare Fund; (h) "member" means a member of the Fund; (i) "person" includes a company, a firm, an association of individuals or a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969); "schedule" means the schedule to this Act; "scheme" means a scheme framed under section 3; (1) "self employed person" means a person who actually engages himself mainly in a work coming under the purview of the Kerala Shops and Commercial Establishments Act, 1960 for the livelihood, without employing any workers, and which does not include a person who is a member of Vyapari Vyavasayi Welfare Fund or Ration Dealers Welfare Fund; "wages" means the total amount received by an employee including dearness allowance and other allowances in a calendar month; "year" means a financial year commencing on the 1st day of April. (As provided for in the context of the amendment acts cited in the document: specific definitions of terms like 'employee', 'employer', and 'welfare fund' are implied in the operational clauses of the Act.)

(1) The Government may, by notification in the Gazelle, frame a scheme to be called "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Scheme" for the establishment of a Fund for the welfare of the workers coming 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) These shall be credited to the Fund, namely:— (a) the contributions as per section 4; (b) amounts borrowed by the Board under section 10; (c) damages realised under section 20; (d) grants, loans or advances made by the Government of India or the State Government or any institution; (e) any donations from whatever source; (f) any amount raised by the Board from any other sources to augment the resources of the Board; (g) fee levied under the scheme; (h) any other amount which under the provisions of the scheme, shall be credited to the Fund. (3) The Fund shall vest in, and be administered by the Board constituted under section 6. (4) The Fund may be utilised for all or any of the following purposes namely:— (a) for payment of pension to a member who is unable to work, for period of more than two years due to permanent physical infirmity, or has completed the age of sixty years and had remitted contribution to the Fund for at least ten years continuously or for payment of family pension, on the death of a member who had remitted contribution for at least fifteen years continuously; (b) for payment of maternity wages in such manner as may be provided in the scheme, to the female employees who have paid contribution to the Fund at least for a period of one year continuously and not coming within the purview of Employees State Insurance Scheme, for a period of twelve weeks, in the case of delivery and for a period of six weeks, in the case of premature delivery, abortion or medical termination of pregnancy as the case may be: Provided that no one shall be eligible for maternity wages beyond a maximum of two times; (c) for payment of financial assistance to meet the expenses in connection with the marriage of daughters or in connection with the death of dependants of members who had contributed to the Fund continuously at least for a period of three years; (d) for providing educational benefits and for payment of a sum equal to an amount of his wages towards medical benefit for a period not exceeding ninety days in a year, to members who have contributed to the fund continuously for one year and their family members subject to certain conditions as may be fixed by the Government in consultation with the Welfare Fund Board; (e) for the payment of assistance on the death of a member due to illness or accident who has paid contribution to the Fund continuously for a period of three years or more, at such rates as may be provided in the Scheme; Explanation:—Those who have contributed to the Fund continuously for a period of six months or more in a year shall be deemed to have continued as members till the completion of that year and according to this pension and financial assistance on death shall be computed. Service less than six months shall be ignored. (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 sub-section (4) and the schedule. (4) In the Kerala Shops and Commercial Establishments Workers' Welfare Fund Act, 2006 (24 of 2006), in sub-section (4) of section 3, after clause (f), the following clauses shall be inserted, namely:- (a) for payment of the amount remitted as employees contribution by a member who has made contribution to the Fund continuously at least for five years in Government or semi-Government institutions if such member has not availed any benefits from the Fund; (b) for payment of the amount remitted as contribution to the Fund to the dependants of a member who is not eligible for financial assistance on death. (1) The Government shall, by notification, constitute a Fund to be called the 'Kerala Shops and Commercial Establishments Workers' Welfare Fund'. (2) There shall be credited to the Fund: (a) contributions specified in section 5; (b) grants, loans or advances made by the Government; (c) any amount borrowed by the Board; (d) any voluntary donations; (e) any amount raised by the Board from other sources; (f) any profit or dividend received from investments; (g) any amount recovered under this Act; (h) any other amount which may be credited to the fund under the provisions of this Act or the rules made thereunder.

(1) Every employer shall pay to the Fund such amount of contribution as may be specified in the scheme. (2) Every worker shall contribute to the Fund such amount as may be specified in the scheme subject to a minimum of Rs. 20. (3) Every employer shall deduct the contribution of the worker from the wages of the worker and shall pay it to the Board within such time as may be specified in the scheme along with his own contribution. (4) Any contribution payable to the Fund under this Act shall be a first charge on the assets of the establishment. (5) The contributions and any interest due in respect thereof shall be deemed to be the arrears of land revenue and shall be recovered in accordance with the provisions of the Kerala Revenue Recovery Act, 1968. (6) The contribution of the employer shall not be deducted from the wages of the worker by the employer. (7) If any amount of contribution is found to have been paid in excess or less, the employer shall be liable to pay or refund the same in such manner as may be prescribed. (1) The Government shall, by notification in the Gazette, frame a scheme to be called the Kerala Shops and Commercial Establishments Workers' Welfare Fund Scheme for the establishment of a fund under this Act for the welfare of workers employed in shops and commercial establishments and there shall be established a fund called the 'Kerala Shops and Commercial Establishments Workers' Welfare Fund'. (2) There shall be credited to the Fund: (a) the contribution specified in sub-section (3); (b) the amount borrowed by the Board; (c) the amount collected from employers and employees under sub-section (4); (d) the grants or loans or advances made by the Government; (e) any amount raised by the Board from other sources; (f) any other amount to be credited to the Fund under the provisions of the scheme. (3) Every employee of a shop or commercial establishment shall contribute to the Fund such amount as may be specified in the scheme and the employer shall contribute an equal amount. (4) The employer shall deduct the contribution of the employee from his wages and shall pay the same to the Fund along with his own contribution at such rate and in such manner as may be prescribed. (5) The Fund shall vest in and be administered by the Board. (6) The Fund may be utilised for all or any of the following purposes, namely: (a) for payment of pension to the employees who are unable to work due to old age or infirmity or who have completed such age as may be specified in the scheme; (b) for payment of financial assistance to the employees who suffer from permanent or temporary disablement; (c) for payment of medical expenses to the employees and their dependents; (d) for meeting the expenses for the higher education of the children of the employees; (e) for payment of funeral expenses of the employee; (f) for payment of natural calamity relief to the employees; (g) for providing maternity benefit to the female employees; (h) for any other purpose as may be specified in the scheme. (7) The Board may, with the prior approval of the Government, invest the money in the Fund in any Government securities or any other security approved by the Government or in any nationalised bank or other financial institutions in such manner as may be prescribed. (1) Every member shall contribute to the Fund Rs. 20 per month. (2) Every employer shall contribute, to the Fund Rs. 20 per month, in respect of each worker employed by him. (3) A self employed person shall pay Rs. 20 every month in addition to the contribution to the Fund as per sub-section (1). (4) The Government shall contribute to the Fund by way of grant, an amount of Rs. 5 per month paid by each member under sub-section (1) or twenty five per cent of the employee's contribution; whichever is higher. (5) The amount of contribution to be remitted as such shall be deposited in a Co-operative Bank recognised by the Board, or Nationalized Banks or any institutions decided by the Government for collecting such amount. (6) The Government may, by notification in the Gazette, revise the rate of contribution specified in sub-section (1) and (2) and the rate of grant specified in sub-section (4), once in every three years taking into account the expenses required for the implementation of the scheme. (7) Every notification under sub-section (6), 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. (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 the workers and appoint a board for the administration of the fund. (2) The scheme may provide for all or any of the matters relating to the administration of the fund, the registration of workers and employers, the mode of collection of contribution, the disposal of the fund for the benefits of the workers and any other matters necessary or expedient for the purpose of the scheme. (1) The Government shall, by notification in the Gazette, constitute a Board to be called the Kerala Shops and Commercial Establishments Workers Welfare Fund Board to administer the Fund. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with powers to acquire, hold and dispose of property.

(1) The Government may, by notification in the Gazette, constitute a Board to be called 'The Kerala Shops and Commercial Establishments 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 of whom one shall be the Chairman and one shall be the Chief Executive Officer. (4) The Board shall consist of equal number of representatives of employers and employees and such number of Government officials as the Government may think fit. (5) The term of office of the members of the Board shall be three years. (6) The Government may, by notification in the Gazette, remove any member of the Board who in its opinion is unable to perform his duties or acts in a manner prejudicial to the interests of the Fund. (7) A member of the Board may resign his office by giving notice in writing to the Government and on such resignation being accepted, the member shall be deemed to have vacated his office. (8) The Board shall meet as often as may be necessary and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided in the scheme. (1) The Government may, by notification in the Gazette, modify or vary the scheme framed under this Act either prospectively or retrospectively. (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 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. The Fund shall be constituted by the contributions of the employers and the employees and by the grants or aids which the Government may make from time to time. Every employee and every employer of a shop or commercial establishment shall contribute to the Fund at such rates, not exceeding the maximum prescribed by the Government, as may be notified in the Gazette.

(1) The Government shall appoint a Chief Executive Officer for the Board. (2) The Board may appoint such other officers and staff as it may consider necessary for the efficient performance of its functions. (3) The conditions of service and the salary and allowances of the Chief Executive Officer and other officers and staff shall be such as may be prescribed. (1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board by name "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board" for the administration of the Fund and to supervise and management the activities financed from the Fund. (2) The Board shall be a body corporate by 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 fifteen Directors nominated by Government as hereinafter provided:— (i) five members representing worker and self employed persons; (ii) five members representing the employees; (iii) five members representing the Government. (4) One of the Directors of the Board shall be appointed by the Government, to be its Chairman. (1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board by name "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board" for the administration of the Fund and to supervise and management the activities financed from the Fund. (2) The Board shall be a body corporate by 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 fifteen Directors nominated by Government as hereinafter provided:- (i) five members representing worker and self employed persons; (ii) five members representing the employees; (iii) Five members representing the Government. (4) One of the Directors of the Board shall be appointed by the Government, to be its Chairman. (5) The Government shall publish in the Gazette, the names of the Chairman and the Directors of the Board. (6) The Board shall administrate the Fund vested in it, in such manner as may be provided in the scheme. (7) The Board may, with the previous approval of the Government, delegate to the Chairman or to any Director or to the Chief Executive Officer of the Board or 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, subject to any restrictions and conditions, if any, as it may direct. (8) An amount up to seven percentage of the contribution collected by the Board every year or the amount as may be fixed by the Government, from time to time, may be expended towards payment of salary of the Staff of the Board and other approved expenses. The Government may, by notification in the Gazette, constitute a Board to be called as 'The Kerala Shops and Commercial Establishments Workers' Welfare Fund Board' for the administration of the fund and to carry out the objects of the scheme. The Fund shall be utilized for the welfare of the employees and their dependents through schemes notified by the Government.

The Board may, with the prior approval of the Government and subject to such conditions as may be prescribed, borrow money from the Government or any other financial institution for the purpose of carrying out the provisions of this Act. (1) A Director appointed under sub-section (3) of section 6 shall hold office for a period of three years. (2) Notwithstanding anything contained in section 8, the Government at any time, for reasons to be recorded in writing, remove from his office, any Director of the Board and such removal shall be made after giving him a reasonable opportunity of showing cause against proposed removal: Provided that it shall not be necessary to record in writing, the reasons for removal or to give an opportunity of showing cause against the proposed removal, if the Government are of the opinion that it is not expedient in the public interest; to record the reasons in writing or to give such opportunity. (3) Any Director may resign his office by giving notice in writing to the Government but, he shall continue in office till the resignation is accepted by the Government. The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(1) Any contribution or other amount due to the Fund may be recovered as an arrear of land revenue under the provisions of the Kerala Revenue Recovery Act, 1968 (15 of 1968). (2) Any employer who defaults in the payment of contribution to the Fund shall be liable to pay, in addition to the arrears, interest at such rate as may be prescribed. (1) The Government may, by notification in the Gazette, remove any non-official Director of the Board from his office for the following reasons:- (a) if he absents himself, without the permission of the Board from three consecutive meetings of Board: Provided, however, that such absence may be condoned for sufficient reasons by the Board before the publication of the notification in the Gazette; (b) if, in the opinion of the Government, he is ineligible or has become incapable of acting as a Director or has so abused his position as a Director as to render his continuance as Director, as such detrimental to public interest: Provided that, before removing a Director under this sub-section, he shall be given, a reasonable opportunity to show cause why he should not be removed. (2) A non-official Director of the Board removed under clause (a) of sub-section (1) shall be disqualified for re-appointment as a Director of the Board for a period of three years from the date of his removal, unless otherwise ordered by the Government. (3) A non-official Director of the Board removed under clause (b) of sub-section (1) shall not be eligible for reappointment until he is declared by an order of the Government to be no longer ineligible. (1) The Board shall have a Chief Executive Officer and such other officers and staff as may be appointed by the Government. (2) The method of recruitment, salary and allowances, discipline and other conditions of service of the officers and staff shall be such as may be prescribed by the Government.

(1) The Government may, by notification in the Gazette, exempt any class of shops or commercial establishments or any class of employees from all or any of the provisions of this Act, subject to such conditions as may be specified in the notification. (2) Notwithstanding anything contained in sub-section (1), the Government may, if it is satisfied that the purpose of the Act can be achieved by any other existing fund, by notification, exempt such shop or commercial establishment from the provisions of this Act. (1) The Government may appoint a Chief Executive Officer and such number of other Officers and Staff as they consider necessary, to assist the Board in the discharge of its functions and duties under this Act. (2) Subject to the provisions of sub-section (3), the method of appointment, salary and allowances, discipline and other conditions of service of the Chief Executive Officer and other Officers and Staff appointed under sub-section (1) shall be such, as may be prescribed by Government. (3) In the case of direct recruitment to the posts in the Board, provisions in the Rules 14 to 17 in Part I of the Kerala State and Subordinate Service Rules, 1958 as amended from time to time shall be complied with. Appointment may be made provisionally on deputation basis, when the board is constituted and starts functioning. (1) Every employer shall contribute to the Fund such amount as may be prescribed by the Government and every employee shall contribute to the Fund such amount as may be prescribed by the Government. (2) The Government may, by notification in the Gazette, enhance the contribution from time to time.

Any person who contravenes any of the provisions of this Act or the scheme made thereunder shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both. 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 of the scheme. The Government may, by notification in the Gazette, add to, amend or vary the scheme either prospectively or retrospectively.

(1) No suit, prosecution or other legal proceedings shall lie against the Government or the Board or any officer or person for anything which is in good faith done or intended to be done under this Act or any scheme made thereunder. (2) No suit or other legal proceedings shall lie against the Government or the Board or any officer or person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any scheme made thereunder. (3) The Board is a local authority within the meaning of clause (28) of section 3 of the General Clauses Act, 1897 (Central Act 10 of 1897). (4) The Board and the Chief Executive Officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). (1) The Chief Executive Officer or any other officer authorised by the Board in this behalf may after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4, an opportunity of being heard, by order determine the amount of contribution due under the provisions of this Act or the scheme. (2) The Officer conducting an enquiry under sub-section (1), shall, for the purposes of such enquiry, have the same powers as are vested in a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:- (a) enforce the attendance of any person and examine him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (3) Any enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and coming under the purview of section 196 of the said Code. (4) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal before the Labour Commissioner or an Officer, not below the rank of the District Labour Officer of the Labour Department authorised by him in this behalf, and such officer may, after making such enquiry, pass such orders thereon as he thinks fit. (5) The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorised by him under sub-section (4) and make such enquiry and pass such orders as they deem fit: Provided that, an application for revision under this sub-section shall be made within thirty days from the date of receipt of the order, by the applicant: Provided further that, no order shall be passed under the sub-section, without giving the person who may be affected thereby, an opportunity of being heard. (1) The Officer conducting an enquiry under sub-section (1), shall, for the purposes of such enquiry, have the same powers as are vested in a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:— (a) enforce the attendance of any person and examine him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (3) Any enquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of Indian Penal Code (Central Act 45 of 1860) and coming under the purview of section 196 of the said Code. (4) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of receipt of the order, prefer an appeal before the Labour Commissioner or an Officer, not below the rank of the District Labour Officer of the Labour Department authorised by him in this behalf, and such officer may, after making such enquiry, pass such orders thereon as he thinks fit. (5) The Government may, either suo motu or on application of the aggrieved person, call for the records of any proceedings of the Labour Commissioner or the officer authorised by him under sub-section (4) and make such enquiry and pass such orders as they deem fit: Provided that, an application for revision under this sub-section shall be made within thirty days from the date of receipt of the order, by the applicant: Provided further that, no order shall be passed under the sub-section, without giving the person who may be affected thereby, an opportunity of being heard. Any amount due to the fund shall be recovered in the same manner as an arrear of land revenue due from the employer.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty. (1) The Government shall, by notification in the Gazette, constitute a Fund to be called "The Kerala Shops and Commercial Establishments Workers Welfare Fund" in accordance with the provisions of this Act and the scheme made thereunder. (2) There shall be credited to the Fund: (a) the contribution specified in section 11; (b) the amount borrowed by the Board under section 378ZD of the Kerala Co-operative Societies Act, 1969; (c) the grants or loans or advances made by the Government; (d) any amount raised by the Board from other sources; (e) any fee levied under the Act or scheme; (f) any other amount to which the Fund becomes entitled under this Act or any other law or under any contract or agreement. (1) Every employer liable to pay contribution under section 4 shall, pending determination of amount due from him under section 11, pay on or before the fifth day of each succeeding month, an amount equal to one-twelfth of the amount payable annually by him as determined for the last time under the said section, in the manner as specified in the scheme. (2) Where the contribution is not paid by the employer, worker or self employed person on or before the due date, any officer of the Board authorised by the Board in this behalf shall issue a notice, showing the amount in arrears and if the amount is not paid within fifteen days of the receipt of such notice, that amount may be recovered with twelve per cent interest per annum in the same manner as arrears of public revenue due on land. (1) Every employer liable to pay contribution under section 4 shall, pending determination of amount due from him under section 11, pay on or before the fifth day of each succeeding month, an amount equal to one-twelfth of the amount payable annually by him as determined for the last time under the said section, in the manner as specified in the scheme. (2) Where the contribution is not paid by the employer, worker or self employed person on or before the due date, any officer of the Board authorised by the Board in this behalf shall issue a notice, showing the amount in arrears and if the amount is not paid within fifteen days of the receipt of such notice, that amount may be recovered with twelve per cent interest per annum in the same manner as arrears of public revenue due on land. (3) The amount paid by an employer under sub-section (1) may be adjusted against the amount determined under section 11, for that year. (1) No suit or other legal proceedings shall lie against the Government, the Board or any member of the Board or any officer or staff of the Board for anything which is in good faith done or intended to be done under this Act or any rule or scheme made thereunder. (2) No suit or other legal proceeding shall lie against the Government or the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or scheme made thereunder.

Subject to the provisions of this Act, the Government may, by notification in the Gazette, constitute a Board to be called the "Kerala Shops and Commercial Establishments Workers Welfare Fund Board" for the administration of the Fund and to supervise or carry out the activities financed from the Fund. Any amount is due from a worker, employer or self employed person, under the provisions of the Act or Scheme and the amount being defaulted, and it is felt that an appeal is to be preferred on such debt, an appeal may be preferred before the District Labour Officer (General), within fifteen days from the date of receipt of notice by paying at least half of that amount and the District Labour Officer shall, after conducting enquiry through notice to the concerned parties and after conducting hearing, by taking evidence, finally dispose of it within three months. No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine 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.

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. Where any employer, liable to pay contribution to the fund under section 4 is adjudicated as insolvent or in case such employer is a company, an order of winding up is made, the liability in respect of the amount due from such employer under this Act or the scheme shall, where the liability therefore has accrued before the order of adjudication or winding up is made be deemed to be included among the debts under section 64 of the Insolvency Act, 1955 (2 of 1956) or under section 530 of the Companies Act, 1956 (Central Act 1 of 1956) which are to be paid in priority to all other debts, in the distribution of the property of the insolvent or the asset of the company being wound up as the case may be. (1) The Government may, by notification in the Gazette, make rules to carry out the provisions 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 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 rule.

[Content as per the Act text provided, including sub-sections (1) to (4)] No employer shall by reason only of his liability for the payment of any contribution to the Fund, reduce whether directly or indirectly the wages of any worker to whom the scheme applies or the total quantum of benefits to which the worker is entitled under the terms of his employment, express or implied. Any person who contravenes any of the provisions of this Act or the scheme shall be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees, or with both.

A member nominated under section 9 may resign his office by a letter addressed to the Government and the vacancy shall be filled by fresh nomination. Each Director of the Board and the Chief Executive Officer and each other officer and employee of the Board appointed under sub-section (1) of section 9 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). (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to them necessary for the purpose of removing the difficulty. (2) Every order made under this section shall be laid before the Legislative Assembly.

(1) The Board shall meet as often as may be necessary and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations. (2) The Chairman shall preside over the meeting of the Board. (3) All questions at any meeting of the Board shall be decided by a majority of the members present and voting. (4) The minutes of the meetings shall be recorded. (1) A person, who for the purpose of avoiding any payment to be made by him under this Act or under the scheme, or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term, which may extend to three months, or with fine, which may extend to five hundred rupees or with both. (2) Any person who contravenes or makes default in complying with any of the provisions of this act or of the scheme; shall, if no other penalty is elsewhere provided by or under this act, for such contravention or non compliance, be punishable with imprisonment for a term which may extent to two months or with fine which may extent to four hundred rupees, or with both. (3) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this act. (4) 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. (i) Every employee shall contribute to the Fund. (ii) Every employer shall contribute to the Fund. (iii) The procedure for collection and management of the contribution is as prescribed by the Government.

The Fund shall be managed by the Board and shall be kept in any Nationalized Bank or Scheduled Bank or the State Co-operative Bank. Whoever, having been convicted by a Court, of an offence Punishable under this Act, again commits the same offence, shal be punishable, for every such subsequent offence, with imprisonment for a term which may extent to one year, but, which shall not be less than two months or with fine which may extent to three thousand rupees or with both: Provided that the Court may, or any adequate and special reason to be recorded in the Judgment, impose sentence of imprisonment for a term of less than two months.

(1) The Government may appoint a Chief Executive Officer and such other officers and staff as they consider necessary for the performance of the functions of the Board. (2) The terms and conditions of service of the staff shall be as prescribed by the Government. (1) Where an offence under this Act has been committed by a company, every person, who at the time of 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 sub-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 all 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 commission of, or is attributable to, any neglect on the part of every officer of the company, such officer of the company shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) “Company” means any body corporate and includes a firm, a Co-operative Society or other Association of individuals; (b) “Officer of the Company” means the Managing Director, Director, Secretary, Treasurer or Manager of the Company and includes, the office bearers of a firm, Co-operative Society or other Association of individuals; (c) “Director” in relation to a firm means a partner of that firm.

The Board shall prepare in such form and at such time each year as may be prescribed a budget in respect of the financial year next ensuing showing estimated receipts and expenditure. Where any person makes default in the payment of any contribution to the Fund under this Act or the scheme, the Board may recover from him damages not exceeding twenty-five per cent of the amount of arrears, as it may think fit. (1) Subject to such rules as the Government may make in this behalf, an Inspector may, within the local limits for which he is appointed,— (a) enter and search at all reasonable times any premises of any shop or commercial establishment; (b) require any employer to produce for his inspection any record, register or other document maintained in pursuance of this Act or the rules made thereunder; (c) examine any person found in any premises which he has reasonable cause to believe is a worker employed in any shop or commercial establishment; (d) require the employer to furnish such information as he may consider necessary for the purpose of this Act.

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance sheet in such form as may be prescribed. (2) The accounts of the Board shall be audited annually by an auditor appointed by the Government. No suit or other legal proceeding shall lie against any Director of the Board or any other person in respect of anything which is in good faith done or intended to be done under this Act or under the scheme. (1) The fund shall be administered by the Board. (2) The Board may, with the prior approval of the Government, appoint such officers and staff as it considers necessary for the efficient performance of its functions under this Act. (3) The terms and conditions of service of the officers and staff appointed under sub-section (2) shall be such as may be determined by the Board with the approval of the Government.

The Government may at any time arrange for a special audit of the accounts of the Board. (1) The Government may, after consultation with the Board, give to the Board, general directions to be followed by the Board. (2) In the exercise of the power and performance of its duties under this Act, the Board shall not depart from any general directions issued under sub-section (1) except with the previous permission of the Government.

The Board may, with the previous sanction of the Government and subject to such conditions as may be approved by them, borrow money from the Government or any financial institution for carrying out the purposes of this Act. (1) The Government may, at any time, appoint, an officer not below the rank of a Joint Secretary to the Government to enquire into the working of the Board and to submit a report to the Government. (2) The Board shall give the person so appointed, all facilities for the proper conduct of the enquiry and furnish to him such documents, accounts and information in the possession of the Board, as he may require.

The Board may invest the money of the Fund in such securities and in such manner as may be prescribed by the Government. (1) If, on consideration of the report under section 26 or the enquiry report under section 23 or otherwise, the Government are of opinion that the Board has persistently made default in the performance of the duties imposed on it by or under the provisions of this Act or the scheme or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the Board for such period not exceeding six months as may be specified in the notification: Provided that, before issuing a notification under this sub-section, the Government shall give a reasonable opportunity to the Board to show cause why it

The Government may, by notification in the Gazette, exempt any shop or commercial establishment or class of shops or commercial establishments from the provisions of this Act.

(1) If, on consideration of the report under section 26 or the enquiry report under section 23 or otherwise, the Government are of opinion that the Board has persistenly made 4efault in the performance of the duties imposed on it by or under the provisions of this Act or the scheme or has exceeded or abused its powers, the Government may, by flotification in the Gazette, supersede the Board for such period not exceeding six months as may be specified in the notification: Provided that, before issuing a notification under this sub-section, the Government shall give a reasonable opportunity to the Board to show caus why it should not be superseded and shall consider the explanation and objections, if any, of the Board. (2) Upon the publication of a notification under sub-section (1),- all the Directors of the Board shall, as from the date of such publication, be deemed to have vacated their offices as such Directors; and all the powers and duties which may be exercised or perform$ by the Board shall, during the period of supersession, be exercised or performed by such officer or officers, as may be specified in the notification; and all funds and other properties vested in the Board shall, during the period of supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government shall reconstitute the Board in the manner provided under section 6.

(I) The Government shall appoint auditors to audit the accounts of the Board. (2) The Board shall pay to the said auditors, such remuneration as the Government may direct. (3) The accounts of the Board shall be examined and audited once in every year by such auditors. 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 or order made thereunder.

(1) The annual report of the Board shall be prepared by the Chief Executive Officer, under the direction of the Board, and after approval by the Board, a copy of the report together with the audited statement of accounts shall be submitted to the Government before the nd of July every year. (2) The Government shall, as soon as the annual report is received, together with the audited statement of accounts, to be laid on the table of the Legislative Assembly.

The sums standing to the credit of a member in any existing welfare ftind on the date of commencement of this Act shall stand transferred to and credited to the find established under this Act and the liability of such member topay contribution to such welfare hind shall cease from such date.

(I) The Govermnent, may by nod iication in the Gazette, make rules, either prospectively or retrospectively for the purpose of carrying into effect the provisions of this Act. (2) Every rule made under this Act shall be laid as soon as may be, after it is made, before the Legithfive 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 sessip immediately following, the Legislative Assembly makes any modifièation in the or decide that the rule should not be made, the rule shall, thereafter have ef ect -, 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 rule.

(1) The Kerala Shops and Commercial Establishment Workers' Weiflire Fund Ordinance, 2006 (30 of 2006) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette, make such provisions, not inconsistent with the provisions of this Act, which appear to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before the Legislative Assembly.

(1) The Government may, by notification in the Gazette, make rules to carry out the objects 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 following matters, namely: (a) all matters required or allowed to be prescribed under this Act; (b) the procedure to be followed by the Board in the transaction of business; (c) any other matter which has to be, or may be, prescribed.

Every rule made and every notification issued under this Act shall be laid, as soon as may be after it is made or 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 any rule or notification or decides that the rule or notification should not be issued, the rule or 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 rule or notification.

The Kerala Shops and Commercial Establishments Workers' Welfare Fund Ordinance, 2006 (1 of 2006) is hereby repealed.

(1) The Government shall, by notification in the Gazette, frame a scheme for the establishment of a fund under this Act for the welfare of the workers and there shall be constituted a fund in accordance with the provisions of this Act and the scheme made thereunder. (2) There shall be credited to the Fund: (a) contributions specified under section 39; (b) the amount borrowed by the Board; (c) any voluntary donation, gift or contribution made to the Fund by any person or institution; (d) any sum borrowed by the Board under section 42; (e) any profit, interest or dividend in relation to any investment of the Fund; (f) any other sum which may be directed to be credited by the Government.

(1) Every worker shall contribute to the Fund such amount per mensem as may be prescribed and the employer shall contribute to the Fund such amount per mensem as may be prescribed in respect of each such worker. (2) Every employer shall remit the aggregate of the amount of contribution of the worker and his own contribution to the Fund in such manner as may be prescribed. (3) The employer shall be entitled to recover the employer's contribution from the worker in respect of whom the contribution is made, in such manner as may be prescribed and the employer shall be liable to pay contributions to the Fund at such rates as may be fixed by the Government from time to time: Provided that no employer shall pay to the Fund an amount less than Rs. 10,000 as contribution.

The Board may, with the previous approval of the Government and subject to such terms and conditions as may be specified by the Government, borrow money from any bank or other financial institution for the purpose of carrying out the provisions of this Act.

(1) The Board may invest the money not immediately required for the purposes of this Act in such manner as may be prescribed. (2) The Board shall, with the prior approval of the Government, ensure that the contributions are invested in safe deposits and the interest accrued shall be credited to the Fund.

The Fund shall be utilized for the welfare of the workers and their families in such manner as may be prescribed and for the administrative expenses of the Board.

(1) The Board shall maintain the accounts of the Fund in such form as may be prescribed. (2) The accounts of the Fund shall be audited by the auditors appointed by the Government.

The Board shall prepare an annual report of its activities and the utilization of the Fund and a copy of the same shall be placed before the Government for its consideration.

(1) Any employer who contravenes the provisions of sections 36, 39, 40, 41, 42 or 43 shall be punishable with such fine and imprisonment as may be prescribed. (2) The fine shall be recovered in accordance with the provisions of the Revenue Recovery Act in force. (3) Any employer who fails to remit the contribution to the Fund within the period as may be specified by the Board shall be liable to pay such interest on the amount due as may be prescribed.

Any sum payable by an employer under this Act may be recovered as an arrear of land revenue under the provisions of the Kerala Revenue Recovery Act, 1968.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with the provisions of this Act, which appears to them to be necessary or expedient for the purpose of removing the difficulty. (2) Every order made under this section shall be laid before the Legislative Assembly as soon as may be after it is made.

(1) No suit, prosecution or other legal proceedings shall lie against the Government, the Board, or any member or officer thereof for anything which is done or intended to be done in good faith in pursuance of this Act or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is done or intended to be done in good faith.

The Government may, by notification, make rules for carrying out the purposes of this Act.

(1) The Government may, by notification, delegate any of the powers exercisable by it under this Act to the Board or any officer as may be specified. (2) The Board may delegate its powers to any officer of the Board.

(1) The Board shall, once in every three years, review the financial position of the Fund and the benefits provided to the workers and submit a report to the Government. (2) The Government may, after considering the report, pass such orders as deemed fit. (3) The report shall be laid before the Legislative Assembly.

(1) If any dispute arises between the employer and the worker regarding the contribution or payment from the Fund, it shall be referred to the officer authorized by the Government. (2) An appeal may be preferred against the decision of the authorized officer to the Labour Court within the time prescribed. (3) The decision of the Labour Court shall be final.

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force related to the welfare of the workers. Subject to the provisions of this Act, the Government shall constitute a Welfare Fund for the workers of shops and commercial establishments.

Any rule, order, or notification made or issued under the Acts repealed by this Act shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under the corresponding provisions of this Act. The administration of the Fund shall be governed by the regulations as set forth in the schedules annexed hereto, including provisions for membership, benefits, and management.

1. Registration of workers coming under the purview of the Ker Shops and Commercial Establishments Act, 1960 and self employed persons. 2. The time and manner in which contribution shall be made to the Fund by workers coming under the purview of the Kerala Shops and Commercial Establisments Act, 1960, and self employed persons and the amount of contribution to be paid under section 4 and the manner in which it may be recovered. 3. The constitution of any committee for assisting the Board. 4. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund iil accordance with any direction issued or conditions specified by the Government,the preparation of Budget, the audit of accounts and the submission of reports to the Government etc. 5. The conditions under which withdrawals from the Fund may be permitted, any deduction or forfeiture may be made and the inaxiinum amount of such deduction or forfeiture. 6. The form in which a memberihall fumish particulars about himself and his family, whenever rcquired. 7. The nomination of a person to receive any family pension of a member on his death and cancellation or variation of such nomination. 8. The registers and records to be maintained with respect to members and the returns to be ftirnisbcd by the employers. 9. The form or design of any identity card for the purpose of identifying any member of the Fund and for issue, custody and replacement thereof. 10. The fees to be levied for any of the purposes speci fled in the Act. 11. The further powers, if any, which may be exercised by the officers appointed under this Act. 12. The frnid may be utilized for any matter of welfare of the workers coming onder the purview of the Kerala Shops and Commercial Establishments Act, 1960 or self employed persons or their dependents. 13. The manner in which the sums transferred under section 28 is totbe credited to the Fund. 14. The procedure for defraying the expenditure incurred in the administration of the Fund. 15. The procedure for paying pension, family pension, grants or loans from the Fund. 16. Any other matter which is to be provided for in the scheme or which may benecessary or proper for the purpose of implementing the scheme. Contribution rates: Employee contribution of Rs. 500 up to Rs. 2000 depending on the category. Benefits: Various slabs for welfare assistance provided to workers upon registration in the fund as detailed in the statutory tables.