The Kerala Toddy Workers Welfare Fund Act, 1969

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;t*wbtpartneit : flWAI1ONH.L I . Nov l1011/JCl/6&jaw, Dated, Thvandrum, 17th Apr14 19691 271h Chalthra 1891. The following Act of the Kerala S4ite Legislature is hereby pubuièhed for geber1 infoinudion. The Bill as passed by the Legislative Msenibly received the assent of the President on the'lIth day dfApril 1969 . By other of the Governor, P. Snxtheu MEN0N, Addttional~ Law Sccreza. THE KALA TODDY WORJCS' WFLPARE R ND ACt

• • .
• • (ACT22OF 1969)

. An Act to

'provide for the costjtution of a fund to promote the ' wolfare, of and for paymeni ofensios, to toddy workenia the Stntc of Keith. Preamble,—Wsttrtns, it is expedient to provide for the constitution of a fund's to.prórnotc the welfare of, and for payment of pension to toddy woel1itheStateofKcrala BE it enactedin the Nineteenth Yen of the Republic of India, as follows:- 1. Shàn title, exterà and commencement-4l) This Aét tháy be called the • nitToddy Workers' Welfare Fund Act 1969. It atendi to the whole of the State. 5fltcrnla. It éhafl ctne into Lowe on such data as the Go'èrthment may, by notification in the Gazette, appoint 2. DefinItions—In this Act, unless the context otherwise requires- (a) "BOard" means the çIToddy Workers' WelfaM Fund Board constituted wider section 6; GCP'T. 3I8IOt2OIIfDTP.

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'n*• (aa) 'Compensation" means an amount payable in lump sum to a membeft_ fur his treaunent for injuries sustained during the course of his employment or to his legal heirs in the event of his death as a result of th e injunes so sustained; "contiibution" means aconthbution payable in respect of a member under *lh "employer" means any person who employs whether directly or through iotber person, or whether on behalf of himself or any other person, one or more tiployces and includes any person who has a licence for the manufacture, distribution, or sale of todd> under the Ahkari Act for the time being in force; "employee" means any pEtson who is employed for wages in coon ction With the tapping, maguf cture, transport, 'inu or sale of toddy and who gets his wages directly or indirectly froth the employer and includes any person employed by or through contractor or through an agent thor in connection with the tapping, senulhcture, transport 9torage or sale of toddy; "Fund" means the

Ja Toddy Workers' Welfare Fund established under tl scheme

1. (1) "manufacture" means any process for the preparation of toddy and includes the preparation of a tree for tapping; •(g) "member" means a member of the fluid aml includes any nerson eligible to become a mbaof the fundz '(gg) "orescribed" means trescribed by rules made under thisct: A "schedule" means the schedule to this Act; 'scheme" means 1k scheme framed under this Act; (j)"wages" means all emoluments which are.eamed by an employee while on duty or on leave with wages in accordance with the terms of the contract of employmeut and which are paid or payable'in cash to him, but does not include- (t) the cash value of any food concession;
   • (if) overtime allowance, bonus and commissio,g 3. Todriy Workers itdfare Fund.—(l)The Governmcht may, bynotification in the Gazette; dame a scheme to be called the Kexala Toddy Worlcm' Welfare Fund Scheme for - the establishment of a fluid under this Act for employees and • there shall be established, as soon as may be after the framing of the scheme, a Auid in accordance with the provisions of this Act and the scheme, The fund 5Si vest in, and be administered by the Board Constituted under secLion 6. 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 the Schedule. f . . . - 4. Contribution and matters which maji beprovided for 41s Me chone.-
     • (I) The contnbuhon which shall be paid by the aap$yqqo the md shall be ****ten per cent of the wages for the time being payftblc latacb of the employees, and employees contribution shall be equal to the coathbütIótij'i$'a11e bythcemployerinrespeètofhjtm . . - .. . The employer shall, in addition to the contribution payible un4er'- sub-section (1), contribute to the fund as grawityan amount equal to five p of the wages for the time being payable:;o' each of the employees: . , - Provided that where the amount of any contribution payable under this Act" involves a fraction of a rupee, the scheme may provide for the rounding off such fraction to the nearest rupee, half of a nsee or quarter of a rupee. **CThe government shall contribute to the Rand every year an amount not less than 7.5 per cent of the'employees' Contribution to the Rand by way of grant. Every employer shill payto the fund ten rupees eachfor every: half year in the case of every coconut tree and twenty rupees each for every year. in the case of every palmirab flee tapped, under his control to be utilized for tlt. payment of compensation. (4:A.) " Power of exemption._—(l) Notwithstanding anything contained in section 4, where the Govemmcnt, on the recommendation of the Roanj are of opinion that it is necessary in the public interest so to do, they may, by notification in the Gazette, exempt any class of employers, either prospectively or retrospectively, from payment of contribution under that section for such period as may be specified in the notification.
2. (2) For the removal of doubt it is hereby declared that an employee shall not be.liable to pay his contribution under sub-section (I) of section 4 for the period for which his employer is exempted from payment of contribution. S. Modificorion of Scheme..—Ø) The Govetnniint may, by notification in the Gazette add to, amend or vary the scheme framed under this Act • J pro nectivelv or reiosoectivcv
3. (2) Every notification under sub-section (I) shall be laid as son 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 inunediatcly following, the Legislative Assembly agrees in making any modification in the notification or agrees that the notification should not be issued, the notification shall thereafter have effect anl in such 'modified form or be of no
   • • effect, as the.case may be; so however that any such modification o. a annulment shall be without prudice to the validity Of any hing Øeviousty done under that notification. Note: As per U 0. (Ia.) No. 2 114/99LLBR dt' 7-1-1999 the Govemmeni have enhanced the contribution to 10 per cent. .

(1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board to be called the Kerala Toddy 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 and they shall be chosen in such manner as may be provided for in the scheme: Provided that the Board shall include an equal number of Directors representing the Government, the employers and the employee. (4) One of the Directors of the Board shall be appointed by the Government as Chairman. (5) The Government shall publish in the Gazette the names of all the Directors of the Board. (6) The Board shall administer the Fund vested in it in such manner as may be specified in the scheme. (7) The Board may with the previous approval of the Government, delegate to its Chairman or to the Chief Welfare Fund Inspector or to any Welfare Fund Inspector 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 such restrictions and conditions, if any, as it may specify: Provided that no delegation shall be made under this sub-section unless all the members present support such delegation. (8) No act or proceeding of the Board shall be invalidated merely by reason of any vacancy in, or any defect in the constitution of the Board.

(1) The Government may appoint a Chief Welfare Fund Inspector and as many Welfare Fund Inspectors as they consider necessary to assist the Chief Welfare Fund Inspector in the discharge of his duties. The Chief Welfare Fund Inspector shall be the Chief Executive Officer of the Board. (2) The Board may with the previous approval of the Government appoint such staff as it may consider necessary. (3) The method of recruitment, salary and allowances, discipline and other conditions of service of the Chief Welfare Fund Inspector and the Welfare Fund Inspectors shall be such as may be specified by the Government and the method of recruitment, salary and allowances, discipline and other conditions of service of the staff appointed by the Board, shall be such as may be specified by the Board with the previous approval of the Government.

(1) The Chief Welfare Fund Inspector or any other Welfare Fund Inspector or any other officer authorised by him in this behalf may, by order, determine the amount due from any employer under the provisions of this Act or of the scheme and for this purpose may conduct such inquiry as he may deem necessary. (2) The officer conducting the inquiry under sub-section (1) shall for the purposes of such inquiry have the same powers as are vested in a court for trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely.— (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses. (3) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code. (4) No order determining the amount due from any employer shall be made under sub-section (1) unless the employer has been given a reasonable opportunity of being heard. (5) Any person aggrieved by an order under sub-section (1) may prefer an appeal to the Government or any other authority as may be specified by the Government within sixty days from the date of the receipt of the order and the decision of the Government or of such authority on such appeal shall be final.

The Chairman of the Board may, on his own motion, call for and examine any order passed under sub-section (1) of section 8 or sub-section (1) of section 8B at any time within a period of two years from the date of passing such order if he has reason to believe that such an order is prejudicial to the interests of the Board; and subject to the provisions of this Act and the scheme made thereunder may pass such orders as he thinks fit: Provided that no such order shall be passed unless the employer concerned has been given a reasonable opportunity of being heard: Provided further that the time limit mentioned in this section shall not be applicable for a period of six months from the date of commencement of the Kerala Toddy Workers' Welfare Fund (Amendment) Act, 1996.

Any amount due from the employer in pursuance of the provisions of this Act or the scheme may, if the amount is in arrear, be recovered together with interest thereon at the same rate as applicable, from time to time, to the dues in arrear under the Abkari Act, 1 of 1077 in the same manner as an arrear of land revenue.

(1) Whoever for the purpose of avoiding any payment to be made by himself 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 six months or with fine which may extend to Rs. 1,000, or with both. (2) Whoever 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 extend to three months or with fine which may extend to Rs. 500 or with both. (2A) No court inferior to that of a judicial magistrate of the first class shall try any offence under this Act. (3) 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 Welfare Fund Inspector.

The accounts of the Board shall be examined and audited once in every year by the Director of Local Fund Audit.

payment. "16AA. Eligibility for, and the manner of payment of, pension from the . fund.... •"' I6AAA. Eligibility for and the manner of payment of compensation *ointhe fund. The condititins under which any amount due to the Board may be • writtenoff. Any other matter which is to be provided for in the scheme or which may be necessary or proper for the pulpose of iitiplemeñting.the scheme. Ms amended by the Kerala Toddy Workers' Welfare Fund (Amendment) Act, 1978-It shall conic into kite with effect from 1-2-1919. "As amended by the Keraia Toddy Workers' Welfare Fund (Amendment) Act, 1978(31 of 1978). It thaI1 come into force with effect kin1-4-1979. "M amend4 by the1S a Toddy Workers' Welfare Fund (Amendment) Act 1996(3 of1996). it shall come into force from 26-3-1996. tm'As amended by th e Kerila Toddy Workers' Welfare Fund (Anleudment) • Ordinance 2009 (5 of 2009) it shall come into force with effect from 19-1-2009. ., . .