Preamble

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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. .