KERALA
TAILORING WORKERS? WELFARE FUND ACT, 1994 THE KERALA TAILORING WORKERS? WELFARE FUND
ACT, 1994 [Act No. 16 of 1994] An Act to provide for the constitution of a
Fund to grant relief to, to promote the welfare of, and to pay pension to
tailoring workers and self-employed persons in tailoring work in the State of
Kerala. WHEREAS
it is expedient to provide for the constitution of a Fund to grant relief to,
to promote the welfare of, and to pay pension to tailoring, workers, and
self-employed persons in tailoring work in the State of Kerala and for certain
other matters incidental thereto; BE it
enacted in the Forty-fifth year of the Republic of India as follows:- (1)
This Act may be called the Kerala Tailoring
Workers? Welfare Fund Act, 1994. (2)
It extends to the whole of the State of
Kerala. (3)
It shall come into force on such date as the
Government, may by notification in the Gazette, appoint. In
this Act, unless the context otherwise requires,- (a)
?Board? means the Kerala Tailoring Workers?
Welfare Fund Board constituted under section 9; (b)
?Chief Executive Officer? means the Chief
Executive Officer appointed under sub-section (1) of section 12; (c)
?Contribution? means the sum of money payable
to the Fund under section 7; (d)
?employer? means any person who employs,
directly or indirectly or whether on behalf of himself or for any other person,
one or more tailoring workers to do any work in connection with the various
processes in tailoring or embroidery work or a company, a firm an association
of individuals or a Co-operative Society registered or deemed to be registered
under the Kerala Co-operative Societies Act, 1969 (21 of 1969); (e)
?family? means,- (i)
husband/wife of the tailoring worker or
self-employed person, and their minor children; (ii)
father and mother who are dependent on the
tailoring worker or self employed person; (f)
?Fund? means the Tailoring Workers? Welfare
Fund established under section 3 and the Scheme; (g)
?member? means a person registered in the
welfare fund and who is paying contribution under section 7 to the Fund; (h)
?prescribed? means prescribed by rules made
under this Act; (i)
?schedule? means the Schedule to this Act; (j)
?scheme? means scheme framed under this Act; (k)
?self-employed person? means a person who
engages himself in the processes of tailoring or embroidery work with or
without the assistance of machine and depends mainly on tailoring work for his
livelihood; (l)
?tailoring worker? means any person who is
employed for wages to do any work in connection with the various processes in
tailoring work or embroidery work, with or without the assistance of machine,
and who gets his wages directly or indirectly from the employer and includes
any person employed by or through a contractor or through an agent and depends
mainly on tailoring or embroidery work for his livelihood and any other person
engaged in tailoring or embroidery work whom the Government may by notification
in the Gazette, from time to time, declare to be a tailoring worker for the
purposes of this Act; (m)
?year? means the financial year (1)
The Government may, by notification in the
Gazette, frame a scheme to be called ?the Kerala Tailoring Workers? Welfare
Fund Scheme? for the establishment of a Fund under this Act for the welfare of the
tailoring workers and self employed persons in tailoring work and there shall
be established, as soon as may be after the framing of the scheme, a Fund in
accordance with the provisions of this Act and the scheme. (2)
There shall be credited to the Fund,- (a)
the contributions specified under section 7; (b)
the amount borrowed by the Board under
section 24; (c)
damages realized under section 25; (d)
grants or loans or advances made by the
Government of India or the State Government or any institution; (e)
any donations from whatever source; (f)
any amount raised by the Board from other
sources to augment the resources of the Board; (g)
fee levied under the scheme; (h)
any other amount which, under the provisions
of the scheme, shall be credited to the Fund. (3)
The Fund shall vest in, and be administered
by the Board constituted under section 9. (4)
The Fund may be utilized for all or any of
the following purposes, namely:- (a)
for payment of pension,- (i)
to a member who is a member at least for
three years and unable to work due to infirmity or has completed the age of
sixty years, and (ii)
to a person who before the commencement of
this Act was a tailoring worker or a self-employed person for a period of not
less than three years and has completed age of sixty years and who suffers from
permanent disablement; (b)
for payment of family pension; (c)
for payment of the retirement benefits as may
be specified in the scheme; (d)
for payment of financial assistance to a
member who suffers from permanent disablement; (e)
for payment of loans or grants to a member to
meet expenses for the marriage of daughter; or for expenses in connection with
the death of a dependent or for expenses for construction or maintenance of
house; (f)
to provide for maternity benefits to women
workers; (g)
to provide for the tailoring workers,
self-employed persons and members of their families, medical facilities and
educational facilities including higher education; (h)
for payment of loan for the purchase of
tailoring machines or accessories; (i)
for any other purpose specified in the
scheme. (5)
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 sub-section (4) and in the Schedule. (6)
The Scheme shall be laid, as soon as may be,
after it is framed, 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 scheme, the scheme shall thereafter have effect only in
such modified form; so however that any such modification shall be without
prejudice to the validity of anything previously done under the scheme. (1)
Every tailoring worker or self employed
person who has completed 18 years of age, but has not completed 60 years of
age, who is not a member of any other Welfare Fund Scheme established under any
law for the time being in force and who has been engaged in the tailoring for
embroidery work for not less than three years shall be eligible for
registration as a member under this Act and the scheme. (2)
An application for registration shall be
made, in such form as may be prescribed, to the officer authorized by the Chief
Executive Officer in this behalf in whose jurisdiction the applicant resides. (3)
Every application shall be accompanied by
such documents together with the fee for registration as may be specified in
the scheme. (4)
If the officer authorized under sub-section
(2) is satisfied that the applicant has complied with the provisions of this
Act and the Scheme, he may register the name of the tailoring worker: Provided
that an application for registration shall not be rejected without giving the
applicant an opportunity of being heard. (5)
Any person aggrieved by the decision under
sub-section (4) may, within such time as may be specified in the scheme, prefer
an appeal to the Chief Executive Officer or any other authority as may be
specified by the Government in this behalf and the decision of the Chief
Executive Officer or of such other authority on such appeal shall be final. (6)
The Chief Executive Officer shall cause to
maintain the registers as prescribed in this behalf. Subject
to the provision of this Act, a tailoring worker shall cease to be a member
when he is not engaged in tailoring or embroidery work for not less than two
years; Provided
that if the Chief Executive officer is convinced on an application made by the
tailoring worker within such time and subject to such condition as may be
prescribed that a member could not engage himself in tailoring and embroidery
work for sufficient reasons, his membership shall be restrored. Every
employer shall maintain a register in the prescribed form showing the details
of employment of registered tailoring workers employed in the tailoring or
embroidery work undertaken by him and the same may be inspected without prior
notice by the Chief Executive Officer or any other officer authorized by him. (1)
Every tailoring worker and every self-employed
person shall contribute to the Fund ten rupees each per month and every
employer, in respect of each tailoring worker engaged by him, shall contribute
five rupees per month. (2)
Every employer shall along with the amount of
monthly contribution in respect of each tailoring worker engaged by him pay to
the Fund fifteen rupees including the amount of the workers contribution. (3)
The amount which has been remitted by the
employer as contribution of a tailoring worker, can be deducted from the salary
of the tailoring worker notwithstanding any contract to the contrary but shall
not be so deducted in any other manner. (4)
The Government shall contribute to the Fund
every year by way of grant an amount equal to ten per cent of the contribution
paid by tailoring workers and self-employed persons in a year. (5)
The contribution shall be paid to the Chief
Executive Officer or to any officer of the Board authorized by the Board or in
any other manner as may be decided by the Board in this behalf. (6)
The amount of contribution collected shall be
deposited in the Treasury Savings Bank Account of the State or in a
nationalized bank or scheduled bank or co-operative bank. (1)
The Government may, by notification in the
Gazette, add to, amend 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 agrees in making 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 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. (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 Tailoring Workers? Welfare Fund Board? for the
administration of the Fund and to supervise or carryout the activities financed
from the Fund. (2)
The Board shall be a body corporate by the
name aforesaid, having perpetual succession and common seal and shall by the
said name sue and be sued. (3)
The Board shall consist of fourteen Directors
nominated by Government as hereinafter provided;- (i)
six persons representing the tailoring
workers and self-employed persons; one of whom shall be from scheduled
caste-scheduled tribe and one shall be a woman; (ii)
four persons representing the employers; (iii) four persons representing the Government. (4)
One of the Directors of the Board shall be
appointed by the Government to be its Chairman. (5)
The Government shall publish in the Gazette
the names of the Chairman and 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 the Chairman or to the Chief Executive Officer or
an officer appointed under sub-section (1) of section 12 such of its powers and
functions under this Act or 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. (1)
A Director appointed under sub-section (3) of
section 9 shall hold office for a period of three years. (2)
Notwithstanding anything contained in section
11, the Government may, at any time, for reasons to be recorded in writing
remove from office any Director of the Board after giving him a reasonable
opportunity of showing cause against the proposed removal: Provided
that it shall not be necessary to record in writing, the reason for removal or
to give an opportunity of showing cause against the proposed removal, if the
Government are of the opinion that it is not expedient, in the public interest,
to record the reasons in writing or to give such opportunity. (3)
Any director may resign his membership by
giving notice in writing to the Government and his resignation shall be deemed
to have come into force on the date of the letter of resignation. (1)
The Government, may, by notification in the
Gazette, remove any non-official Director of the Board from office,-- (a)
if he has, without the permission of the
Board, been absent for three consecutive meetings of the Board: Provided,
however, that such absence may be condoned by the Board before the publication
of the notification in the gazette; (b)
If in the opinion of the Government, he is
unsuitable or has become incapable of acting as a Director or has so abused his
position as a Director as to render his continuance as such Director
detrimental to the public interest: Provided
that, before removing a Director under this sub-section, he shall be given a
reasonable opportunity to show cause why he should not be removed. (2)
A non-official Director of the Board removed
under clause (a) of sub-section (1), shall be disqualified for re-appointment
as a Director of the Board for a period of three years from the date of his
removal unless otherwise ordered by the Government. (3)
A non-official Director of the Board removed
under clause (b) of sub-section (1), shall not be eligible for re-appointment
until he is declared by an order of the Government to be no longer ineligible. (1)
The Government may appointment a Chief
Executive Officer and such number of other officers and staff as they consider
necessary to assist the Board in the discharge of its functions and duties
under this Act. (2)
Subject to the provisions of sub-section (3),
the method of appointment, salary and allowances, discipline and other
conditions of service of the Chief Executive Officer and the other officers and
staff appointed under sub-section (1) shall be such as may be prescribed. (3)
In the case of posts in the service under the
Board to which appointment is made by direct recruitment, the Government shall
mutatis mutandis observe the provisions of clauses (a), (b) and (c) of rule 14
and the provisions of rules 15,16,17 and 17A of the Kerala State and
Subordinate Service Rules, 1958 as amended from time to time. (1)
The Chief Executive Officer or any other
officer authorized by the Board in this behalf may, after making such enquiry
as may be necessary and after giving every person liable to pay contribution
under section 7, an opportunity to be heard, by order determine the amount due
from every emp0loyer under the provisions of this Act or the scheme. (2)
The Officer conducting the enquiry under
sub-section (1), shall for the purposes of such enquiry, have the same powers
as are vested in a civil court while trying a suit under the Code of Civil
Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters,
namely:- (a)
enforcing the attendance of any person for
examining him on oath; (b)
requiring the discovery and production of documents; (c)
receiving evidence on affidavits; (d)
issuing commissions for the examination of
witnesses. (3)
Any enquiry under this section shall be
deemed to be a judicial proceeding within the meaning of sections 193 and 228
of Indian Penal Code (Central Act 45 of 1860) and for the purpose of section
196 of the said code. (4)
Any person aggrieved by an order under
sub-section (1) may, within thirty days from the date of receipt of the order,
prefer an appeal to the Labour Commissioner or an officer not below the rank of
the District Labour Officer authorized by him in this behalf and the Labour
Commissioner or the officer authorized by him may, after making such enquiry,
pass such others thereon as he thinks fit: (5)
The Government may, either suo-motu or on an
application of the aggrieved person, call for the records of any proceedings of
the Labour Commissioner or the officer authorized by him under sub-section (4)
and make such enquiry and pass such orders as they deem fit: Provided
that, an application for revision under this sub-section shall be made within
thirty days from the date of receipt of the order by the applicant: Provided
further that no order shall be passed under this sub-section, without giving
the person who may be affected thereby, an opportunity of being heard. (1)
Every employer liable to pay contribution
under section 7 shall, pending determination of the amount due from him under
section 13 pay on or before the 10 th day of each month an amount equivalent to
one-twelfth of the amount payable annually by him under the said section. (2)
The contribution due from a self-employed
person for a month shall become payable on or before the 5 th day of the
succeeding month. (3)
Where the contribution under sub-section (1)
is not paid on or before the due date, the Chief Executive Officer or any
officer of the Board authorized by it in this behalf, shall issue a notice to
the employer showing the amount in arrears, and if the amount is not paid
within fifteen days of the receipt of such notice, it may be recovered in the
same manner as arrears of public revenue due on land. (4)
The amount, paid under sub-section (1) by an
employer shall be adjusted against the amount determined under section 13 for
that year. Where
a member has not paid his contribution under sub-section (1) of section 7 for a
continuous period of not less than one year, his membership shall automatically
stand cancelled: Provided
that if the Chief Executive Officer is satisfied that the non-payment of
contribution was on reasonable grounds, he may revive the membership of the
defaulter on payment of arrears of contribution in the manner as may be
specified in the scheme. Any
amount due from the self-employed persons and employers in pursuance of the
provisions of this Act or the Scheme may, if the amount is in arrears, be
recovered in the same manner as an arrear of public revenue due on land. Where
any employer, liable to pay contribution under section 7 is adjudicated as
insolvent or in case such employer is a company, an order of winding up is made
the amount due from such employer under this Act or the Scheme shall, where the
liability therefore has accrued before the order of adjudication or winding up
is made, be deemed to be included among the debts which under section 64 of the
Insolvency Act, 1955 (2 of 1955) or under section 530 of the Companies Act,
1956 (Central Act 1of 1956) are to be paid in priority to all other debts in
the distribution of the property of the insolvent or the assets of the company
being wound up, as the case may be.. No
employer shall by reason only of his liability for the payment of any
contribution to the Fund, reduce whether directly or indirectly the wages of
any tailoring worker to whom the scheme applies or the total quantum of
benefits to which the tailoring worker is entitled under the terms of his
employment, express or implied. (1)
The amount outstanding in the account of a
member shall be returned to him when he ceases to be a member under section 5
or section 15. (2)
In case a member does not wish to continue
his membership the amount outstanding in his account shall be returned to him
upon his application, in the manner prescribed. Every
Director of the Board, the Chief Executive Officer and other officers and
Members of the staff of the Board 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). (1)
A person who for the purpose of avoiding any
payment to be made by him 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 three months, or with fine which
may extend to five hundred rupees or with both. (2)
A person who 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 two months or with fine which may extend to four hundred
rupees or with both. (3)
No court inferior to that of a Judicial
Magistrate of the First Class shall try any offence punishable under this Act. (4)
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
Executive Officer. Whoever,
having been convicted by a Court, of an offence punishable under this Act,
again commits the same offence, shall be punishable for every such subsequent
offence with imprisonment for a term which may extend to one year, but which
shall not be less than three months or with fine which may extend to four
thousand rupees: Provided
that the Court may, for any adequate and special reason to be recorded in the
judgement; impose a sentence of imprisonment for a term of less than three
months. (1)
Where an offence under this Act has been
committed by a company, every person who at the time that offence was committed
was in charge of and was responsible to the company for the conduct of the
business of the Company, as well as the Company, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished
accordingly: Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment if he proves that the offence was committed without his
knowledge or that he had exercised all due deligence to prevent the commission
of such offence. (2)
Notwithstanding anything contained in
sub-section (1) , where any offence under this Act has been committed by a
Company and it is proved that the offence has been committed with the consent
or connivance of or is attributable to, any neglect on the part of any officer
of the Company, such officer of the Company shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly. Explanation.-For
the purpose of this section,- (a)
?Company? means any body corporate and
includes a firm, co-operative society or other association of individuals; (b)
?Officer of the Company? means the Managing
Director, Director Secretary, Treasurer or Manager of the Company and includes
the office, bearers of a firm, co-operative society or other association of
individuals. The
Board may from time to time with the previous approval of the Government and
subject to such terms and conditions as may be specified by the Government,
borrow money for the purposes of the Scheme. Where
any person makes default in the payment of any contribution to the Fund under
this Act or the Scheme, the Board may recover from him damages not exceeding
twenty-five percent of the amount of arrears as it may think fit to impose. No
suit or other legal proceeding shall lie against any Director of the Board or
any other person in respect of anything which is in good faith done or intended
to be done under this Act or under this Scheme. (1)
The Government may, after consultation with
the Board, give to the Board, general directions to be followed by the Board. (2)
In the exercise of its powers and performance
of its duties under this Act, the Board shall not depart from any general
directions issued under sub-section (1), except with the previous permission of
the Government. (1)
The Government may, at any time, appoint an
officer not below the rank of a Joint Secretary to Government to enquire into
the working of the Board and to submit a report to the Government. (2)
The Board shall give the person so appointed,
all facilities for the proper conduct of the inquiry and furnish to him such
documents accounts and information in the possession of the Board as he may
require. (1)
If, on consideration of the report under
section 28 or otherwise, the Government are of opinion that the Board has
persistently made default in the performance or the duties imposed on it by or
under the provisions of this Act or the scheme or has exceeded or abused its
powers, the Government may, by notification in the Gazette, supersede the Board
for such period not exceeding six months as may be specified in the
notification: Provided
that, before issuing a notification under this sub-section, the Government
shall give a reasonable opportunity to the Board to show cause why it should
not be superseded and shall consider the explanations and objections, if any,
of the Board. (2)
Upon the publication of a notification under
sub-section (1),- (a)
all the Directors of the Board shall, as from
the date of such publication, be deemed to have vacated their offices as such
Directors; (b)
all the powers and duties which may be
exercised or performed by the Board shall, during the period of supersession be
exercised or performed by such officer or officers as may be specified in the
notification; (c)
all funds and other properties vested in the
Board shall, during the period of supersession, vest in the Government. (3)
On the expiration of the period of
supersession specified in the notification issued under sub-section (1), the
Government shall reconstitute the Board in the manner provided in section 9. (1)
The Board shall appoint auditors to audit the
accounts of the Board. (2)
The Board shall pay to the said auditors such
remuneration as the Government may direct. (3)
The accounts of the Board shall be examined
and audited once in every year by such auditors. (1)
The Annual report of the Board shall be
prepared by the Chief Executive Officer under the direction of the Board and
after approval by the Board, a copy of the report together with an audited statement
of accounts shall be submitted to Government before the end of July every year. (2)
The Government shall, as soon as the annual
report is received, cause the same together with the audited statement of
accounts to be laid in the immediately following session of the Legislative
Assembly. No
civil court shall have jurisdiction to settle, decide or deal with any question
or to determine any matter which is by or under this Act or the scheme required
to be settled, decided or dealt with or to be determined by the Government or
the Board or the Chief Executive Officer or any other officer appointed under
section 12. (1)
The sums standing to the credit of a member
in any existing welfare fund on the date of commencement of this Act shall
stand transferred to and credited to the fund established under this Act and
the liability of such member to pay contribution to such welfare funds shall
cease from such date. (2)
When the amount standing to the credit of a
member of any existing welfare fund is transferred to the welfare fund
constituted under this Act, action shall be taken recognizing the seniority of
the said member in the former scheme. (1)
The Government may, by notification in the
Gazette, make rules either prospectively or retrospectively for the purpose of
carrying into effect the provisions of this Act. (2)
Every rule made under this Act shall be laid
as soon as may be after it is made, 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 rule or decides that the rule should not
be made, the rule 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 rule. SCHEDULE [See section 3 (5)] Matters for which provision may be made in
the Scheme. 1.
Registration of tailoring workers and
self-employed persons. 2.
The time and manner in which contribution
shall be made to the fund by tailoring workers, self-employed person and
employees under section 7 and the manner in which contribution may be recovered. 3.
The manner in which the tailoring workers
contribution may be recovered by the employers. 4.
The constitution of any committee for
assisting the Board. 5.
The manner in which accounts shall be kept,
the investment of moneys belonging to the Fund in accordance with any direction
issued or conditions specified by the Government, the preparation of the
budget, the audit of accounts and the submission of reports to the Government. 6.
The conditions under which withdrawals from
the Fund may be permitted and any deduction or forfeiture may be made and the
maximum amount of such deduction or forfeiture. 7.
The form in which a member shall furnish
particulars about himself and his family whenever required. 8.
The nomination of a person to receive any
family pension of a member on his death and the cancellation or variation of
such nomination. 9.
The registers and records to be maintained
with respect to tailoring workers and the returns to be furnished by the
employers, 10.
The form or design of any identity card for
the purpose of identifying any member of the fund and for issue, custody and
replacement thereof. 11.
The fees to be levied for any of the purposes
specified in the schedule. 12.
The further powers, if any, which may be
exercised by the officers appointed under the Act. 13.
The manner in which the sums transferred
under section 33 to be brought and credited to the fund. 14.
The purposes for which the fund may be
utilized for the welfare of tailoring workers, self employed person or their
dependents. 15.
The procedure for defraying the expenditure
incurred in the administration of the Fund. 16.
The procedure for paying pension, family
pension, death cum-retirement benefits, grants or advances from the fund. 17.
Any other matter which is to be provided for
in the scheme or which may be necessary or proper for the purpose of
implementing the Scheme.
Preamble - THE KERALA TAILORING WORKERS?
WELFARE FUND ACT, 1994PREAMBLE