section 12
Power to remove difficulties
The Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006(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.
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