The Motor Transport Workers Welfare Fund Act 1985(amendment

(1) This Act may be called the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005. (2) It shall be deemed to have come into force on the 7th day of June, 2005.

In the Kerala Motor Transport Workers' Welfare Fund Act, 1985 (21 of 1985) (hereinafter referred to as the principal Act), in section 2,— (i) in clause (e) for the words "in relation to any motor transport undertaking, the person" the words "in relation to any motor transport undertaking, the registered owner or the person" shall be substituted; (ii) after clause (f), the following clause shall be inserted, namely:— "(fa) "contribution" means a fixed amount of welfare fund contribution payable to the fund by the employer, employee and self-employed person as may be specified in the Scheme"; (iii) after clause (k), the following clause shall be inserted, namely:— "(ka) "self-employed person" means a person other than the employee who is engaged in the profession of a motor transport undertaking by his own labour and does not depend primarily on such a motor transport undertaking."; (iv) clause (k) shall be omitted.

For section 8 of the principal Act, the following section shall be substituted, namely:— "8. Determination of money due from employers, etc.— (1) The Chief Executive Officer or any other officer appointed under sub-section (1) of section 4 or any person authorized by him in this behalf may, by order, determine the amount due under the provisions of this Act or of the Scheme from the employer, employee and self-employed person and if the amount due is not paid on or before the due date, shall issue a demand notice to the party showing the amount of arrears. (2) Any person aggrieved by an order under sub-section (1) may file a review petition within thirty days of receipt of such order showing detailed facts and reasons for reviewing the original order. (3) The review petition filed under sub-section (2) shall be disposed of by the authority within a period of sixty days from the date of receipt of such petition. (4) Any person aggrieved by an order under sub-section (1) or (3) may prefer an appeal before the District Labour Officer of the concerned district and it shall be disposed of by him within a period of sixty days from the date of receipt of the appeal. (5) In case the amount of dues exceeds Rs. 1,00,000, any person aggrieved by an order under sub-section (4) may prefer a further appeal before the Board and it shall be disposed of within a period of sixty days from the date of receipt. (6) Every order passed under sub-section (4) or sub-section (5) as the case may be shall be final. (7) No appeal under this section shall be entertained unless fifty per cent of the amount in accordance with the order against which the appeal has been preferred is paid. (8) If the appellate authority in an appeal decides that the amount paid is in excess of that is due from the appellant, it may by order direct for the refund of the excess amount. (9) An officer or authority exercising the powers of appeal under sub-section (5) of section 8 of the Kerala Motor Transport Workers' Welfare Fund Act, 1985, immediately before the commencement of the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005 shall continue to exercise such powers, in respect of the cases pending before such officer or authority.".

After section 8 of the principal Act, the following section shall be inserted namely:— "8A. Production of receipt of remittance of welfare fund contribution.— Notwithstanding anything contained in any other laws for the time being in force, every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution (other than autorickshaws covered under the provisions of the Kerala Autorickshaw Workers' Welfare Fund Scheme, 1991) shall, at the time of making payment of the tax under the Kerala Motor Vehicles Taxation Act, 1976 (19 of 1976), produce before the Taxation Officer, the receipt of remittance of the contribution to the fund due up to the preceding month.".

For section 9 of the principal Act, the following section shall be substituted, namely:— "9. Remittance of monthly contribution.— (1) Every employer, employee and self-employed person shall pay the contribution every month as provided for in the Scheme. (2) The monthly contribution shall become payable on or before the 7th day of the succeeding month.".

For section 10 of the principal Act, the following section shall be substituted, namely:— "10. Mode of recovery of moneys due from the employer, employee and self-employed person.— (1) The amount of arrears for which demand notice has been issued under sub-section (1) of section 8, shall be recovered together with interest thereon at the rate of 9 per cent per annum in the same manner as an arrear of public revenue due on land. (2) Notwithstanding anything contained in any other law for the time being in force, where any registered owner is paying any amount due under this Act, all the dues accrued before the date of the transfer of ownership of a motor vehicle shall be a charge on the vehicle so transferred.".

After section 12 of the principal Act, the following section shall be inserted namely:— "12A. Registration and membership.— Every employee or self-employed person shall, register himself with the Board as a member of the fund within six months of commencement of his service in a motor transport undertaking and obtain identity card in such manner as may be provided for in the Scheme: Provided that every employee or self-employed person who has been registered as a member of the Fund as on the date of commencement of the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005 shall be required to get re-registered with the Board as specified in the Scheme.".

In section 15 of the principal Act, (a) in sub-section (1), for the words "one thousand rupees" the words "five thousand rupees" shall be substituted; (b) in sub-section (2), for the words "two hundred rupees" the words "one thousand rupees" shall be substituted.

In section 17, in sub-section (1), after the words "by notification in the Gazette" the words "and such notification may be given retrospective effect" shall be inserted; (b) the following item shall be substituted, namely:— "The total fund payable to the fund by the employer, employee and self-employed person as may be specified in such pay rules.".

(1) The Kerala Motor Transport Workers' Welfare Fund (Amendment) Ordinance, 2005 (17 of 2005) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.