section 5
Constitution of the Board
The Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006(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.
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