section 4
Contribution to the Fund
The Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006(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.
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