GOA, DAMAN AND DIU TODDY
TAPPERS WELFARE FUND ACT, 1984 THE GOA, DAMAN AND DIU TODDY TAPPERS WELFARE
FUND ACT, 1984 [Act No. 17 of 1985] [0 9th August, 1985] AN ACT to provide
for payment of compensation and assistance to the toddy tappers for injury by
accident and for other matters connected therewith. Be it
enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-fifth
Year of the Republic of India as follows:-- (1)
This Act may be called the Goa, Daman and Diu
Toddy Tappers Welfare Fund Act, 1984. (2)
It extends to the whole of the Union
territory of Goa, Daman and Diu. (3)
It shall come into force at once. In
this Act, unless the context otherwise requires,-- (a)
"accident" means accident caused
during toddy tapping operation; (b)
"Board" means the Toddy Tappers
Welfare Fund Board constituted under section 6; (c)
"Fund" means the Toddy Tappers
Welfare Fund established under the Scheme; (d)
"member" means a member of the
Fund; (e)
"prescribed" means prescribed in
the Scheme made under this Act; (f)
"Schedule" means the Schedule
appended to this Act; (g)
"Scheme" means a scheme framed
under this Act; (h)
"toddy tapper" means a person who
is engaged in toddy-tapping operation and is registered as per Schedule; (i)
"toddy tapping operation" means
operation of collection of palm or coconut juice (toddy) by climbing up a palm
or coconut tree, and includes distillation of such juice. A
toddy tapper shall be entitled to compensation in case of an accident in
accordance with the Scheme: Provided
that no such compensation shall be payable in respect of any injury which
results in the disablement of the toddy tapper for a period of less than [1]
["fourteen days"].
Preamble - THE GOA, DAMAN AND DIU TODDY
TAPPERS WELFARE FUND ACT, 1984PREAMBLE
Section 4 - Toddy Tapper Welfare Fund
(1)
The Government may, by notification in the
Official Gazette and after consultation with such recognised toddy tappers
associations as it may deem fit frame a Scheme to be called "the Toddy
Tappers Welfare Fund Scheme" and also establish a Fund in accordance with
the provisions of this Act and the Scheme.
(2)
The Fund shall vest in, and be administered
by the Board constituted under section 6.
(3)
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.
Section 5 - Contribution to the Fund
The
contributions which shall be made by toddy tappers to the Fund shall be 15
paise [2] ["or such amount not
less than 15 paise as may be fixed by the Government by notification in the
Official Gazette."] per tree per month and equal contribution shall be
made by the Government:
[3] [ ].
Section 6 - Constitution of Board
(1)
The Government may, by notification in the
Official Gazette, constitute with effect from such date as may be specified
therein, a Board to be called the Toddy Tappers Welfare Fund Board for the
administration of the Fund.
(2)
The Board shall consist of such number of
members as may be appointed by the Government from time to time in such manner
as may be provided for in the Scheme.
(3)
One of the members of the Board shall be
appointed by the Government as Chairman and another member as Member-Secretary.
(4)
The Board shall be a body corporate having
perpetual succession and a common seal and may sue or be sued in its corporate name
and shall be competent to acquire, hold or dispose of property and to execute
contracts and to do all things necessary for the purposes of this Act.
(5)
The Board shall administer the Fund vested in
it in such manner as may be specified in the Scheme.
[4] ["(6) There shall be paid to the non-official
members of the Board such amount of TA/DA and sitting fees for attending the
meetings of the Board, as may be fixed by the Board from time to time. The
amount shall be drawn from the funds of the Board and shall be paid to the
members on producing attendance certificate issued by the
Chairman/Member-Secretary of the Board."]
Section 7 - Appointment of staff
(1)
The Board may, with the previous approval of
the Government, appoint such staff as it may consider necessary.
(2)
The method of recruitment, salary and
allowances and other conditions of service of the staff of the Board shall be
such as may be specified by the Board with the previous approval of the
Government.
Section 8 - Determination of amounts 1[due from] toddy tappers
The
Board may, by order, determine the amount due from any toddy tapper under the
provisions of this Act or of the Scheme and for this purpose, may, direct the
Member-Secretary to conduct such inquiry as it may deem necessary:
Provided
that no order determining the amount due from the toddy tapper shall be made
unless the toddy tapper has been given a reasonable opportunity of being heard.
Section 9 - Appeals
(1)
Any person aggrieved by any decision or order
passed under this Act or the Scheme, may, within sixty days from the date of
such decision or order, appeal against such decision or order to the Government
or any other authority as may be specified by the Government in this behalf.
(2)
In disposing of the appeal, the Government or
the authority as specified by the Government, as the case may be, after giving
reasonable opportunity of being heard,--
(a)
confirm the decision or order appealed
against; or
(b)
reduce or enhance or annul any amount
involved in the decision or order appealed against; or
(c)
pass such other orders as he may deem fit and
the decision of the Government or of such authority on such appeal shall be
final.
Section 10 - Mode of recovery of money due from toddy tappers
Any
amount due from a toddy tapper in pursuance of the provisions of this Act or
the Scheme may be recovered in the same manner as an arrear of land revenue.
Section 11 - Protection for acts done in good faith
No
suit or other legal proceedings shall lie against the Board or any of its
member or any other person in respect of anything which is in good faith done
or intended to be done under this Act or under the Scheme.
Section 12 - Members of Board etc. to be public servant
Every
member of the Board and every person appointed under this Act, shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code (Central Act 45 of 1860).
Schedule - SCHEDULE
SCHEDULE
(See section 4)
Matters for which provision may be made in
the Scheme
1.
The time and manner in which contributions
shall be made to the Fund by the toddy tappers and by, or on behalf of the
Government. The contribution which a toddy tapper may make under section 5 and
the manner in which such contributions may be recovered.
2.
The constitution of any committee for
assisting the Toddy Tappers Welfare Fund Board.
3.
The manner in which accounts shall be kept,
the investment of money belonging to the Fund in accordance with any directions
issued or conditions specified by the Government, the preparation of the budget,
the audit of accounts and the submission of reports to the Government.
4.
The conditions under which withdrawals from
the Fund may be permitted and any deduction or forfeiture which can be made and
the maximum amount of such deductions or forfeitures.
5.
The form in which a toddy tapper shall
furnish particulars about himself and his family whenever required.
6.
The manner in which a toddy tapper
association may be recognised by the Government.
7.
Amount of compensation in the case of death
or disability of a toddy tapper.
8.
The nomination of a person to receive the
amount standing to the credit of a toddy tapper after his death and the
cancellation or variation of such nomination.
9.
The registers and records to be maintained
with respect to the toddy tappers.
10.
The form or design of any identity card or
token for the purpose of identifying toddy tapper and for issue, custody and
replacement thereof.
11.
The fees to be levied for any of the purposes
specified in this Schedule.
12.
The manner in which the member of the Board
shall be chosen and appointed.
13.
The condition of service, duties and
remuneration of Officers appointed under this Act.
14.
The safety measures which a toddy tapper may
be required to adopt during toddy tapping operations.
15.
Any other matter which is to be provided for
under the Scheme or which may be necessary or proper for the purpose of
implementing the Scheme