TAMIL
NADU FISHERMEN AND LABOURERS ENGAGED IN FISHING AND OTHER ALLIED ACTIVITIES
(SOCIAL SECURITY AND WELFARE) ACT, 2007 THE TAMIL NADU
FISHERMEN AND LABOURERS ENGAGED IN FISHING AND OTHER ALLIED ACTIVITIES (SOCIAL
SECURITY AND WELFARE) ACT, 2007[1] [Act No. 19 of 2007] Statement of Objects
and Reasons[2] In the Budget Speech for the year 2007-2008, it has
been announced that all benefits given under the landless Agricultural
Labourers and Farmers Social Security and Welfare Scheme will be extended to
fishermen also and that a separate Bill for the same will be introduced during
this session of the Legislative Assembly and Women who have engaged in
activities like drying and sale of Fish will also be covered under the above
scheme. A sum of Rs. 5 crores has been provided for this purpose. 2. The Government have therefore decided to
undertake legislation for the above purpose. 3. The bill seeks to give effect to the above
decision. Financial Memorandum Bill provides for enactment of Tamil Nadu Fishermen
and Labourers engaged in Fishing and other Allied Activities (Social Security
and Welfare) Act. 2007. Clause 9(3) of the Bill provides for the Government
contribution to be made towards the implementation of the Scheme under the
proposed legislation. Hence, the Bill when enacted would involve expenditure
from the Consolidated Fund of the State. 2. It is not possible at this stage to estimate
with any degree of accuracy the expenditure likely to be incurred from the
Consolidated Fund of the State on account of the proposed legislation. Memorandum Regarding
Delegated Legislation Clauses 1(3), 2(11), 3(1), 3(3), 4, 5(1), 5(5),
5(6), 6(1), 6(3), 8(1), 9(6), 11(1), 17(1), 19, 20 and 21 of the Bill empower
the Government to issue notifications or to make Rules, or to pass orders as
the case may be, for the purpose specified therein. An Act to provide for
comprehensive social security and for ensuring well being of fishermen and
labourers engaged in fishing and other allied activities. Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-eighth Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Fishermen and
Labourers engaged in Fishing and other Allied Activities (Social Security and
Welfare) Act, 2007. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the State
Government may, by notification, appoint. In
this Act, unless the context otherwise requires,-- (1) "allied activity" means an activity of a
person who is working as beach worker, peeling worker, processing labourer,
boat building yard worker, net mending worker, or small scale fish distributor
for his livelihood; (2) "beach worker " means a person who is
employed in fishing harbours or fish landing centres or fish landing sites to
carry out activities such as,-- (a) unloading of fish from fishing crafts to fish
baskets; (b) transportation of fish baskets to auction site or
icing site; (c) transportation of trash fish or, small fish, to
curing site; (d) sorting of fish at the landing site, unloading and
crushing of ice, packing of fish with ice in boxes and loading of packed boxes
into vehicles used for transportation; (e) loading of fish directly from boats to lorries,
sale of ice in the fishing harbours or fish landing centres; (f) cleaning of auction hall, fishing crafts and
supplying water for fishing boats; (3)
"Board"
means a Board established under Section 5; (4)
"boat
building yard worker" means a worker who is engaged in construction and
repairing of fibre reinforced plastic and wooden boats; (5) "dealer" means any person who carries on,
within the State of Tamil Nadu, the business of buying or selling or
processing, fish or exporting fish in raw or in processed form or fish products
and includes,-- (a) a commission agent, a broker or any other
mercantile agent, by whatever name called; and (b) a non-resident dealer or an agent of a non-resident
dealer or a local branch of a firm or company or association situated outside
the State of Tamil Nadu; (6) "dependent" in relation to a registered
member means any of the relatives of such member as specified below:-- (a) wife or husband, as the case may be; (b) children; (c) widow and children of the pre-deceased son; and (d) parents; (7)
"employer"
means a person who engages labourers; (8)
"fish
" means fish of all varieties including prawn, lobster, shell fish, clam,
squids and any other aquatic organism exploited commercially for edible purpose
or for manure; (9)
"fish
farm " means the land of water spread area of fresh water or brackish
water or saline water in which cultivating of fish is carried on; (10) "fish products " means fish in raw or in
processed form; (11) "fisheries" means marine fisheries,
inland fisheries, brackish water fisheries, mariculture which includes
lobsters, crabs, fin fish, seaweed, oyster, mussel culture, pearl and chank
fishery, breeding, raising of fish seeds and farming, ornamental fish culture,
sewage fed fish culture and also any other fisheries as may be notified by the
Government; (12) "fisherman " means any person in the age
group of 18-65 years,-- (a) engaged in fishing, drying of fish, sale of fish or
other allied activities for his livelihood; (b) who owns fish farm not exceeding 2.5 acres of land; (c) who owns,-- (a)
one
country craft; or (b)
one
country craft fitted with outboard motor or inboard engine with capacity of
less than 15 HP; or (c)
one
coracle in fresh water; (13)
"fund"
means the Tamil Nadu Fishermen and Labourers engaged in Fishing and other
allied activities (Social Security and Welfare) Fund established under a
scheme; (14)
"Government"
means the State Government; (15)
"labourer"
means any person in the age group of 18 to 65 years, engaged to work in fishing
or other allied activities or in fisheries or in fish farms for wages but who
does not own any crafts; (16) "Member-Secretary" means the Member-Secretary
of the Board constituted under Section 5; (17)
"net
mending worker" means a worker engaged in mending and repair of fishing
nets; (18)
"peeling
worker" means a worker who is engaged in peeling prawn, lobster, clam,
cleaning squids and cuttle fishes in huts, peeling sheds and fish processing
plants; (19) "processing" means any means of
preservation offish products effected with or without physical or chemical
changes by mechanical means or otherwise, intended to facilitate increase in
the shelf life of fish or fish products or to avoid loss during transit or
value addition; (20)
"processing
labourer" means a worker who is engaged in cleaning, grading, processing
and packing of fish or fish products; (21)
"registered
members" means fishermen and labourers engaged in fishing and other allied
activities registered as a member under a Scheme; (22) "Schedule " means a Schedule to this Act; (23) "Scheme" means a scheme made by the
Government under this Act; (24) "small scale fish distributor" means any
person engaged for a period of not less than one hundred and twenty days in a
year in the distribution of fish from fish landing centres or fish harbours or
fish curing yards or markets through retail outlets or by house delivery and
includes,-- (a) auto-carrier distributors; (b) cycle load vendors; (c) drivers and cleaners engaged in fish transporting
on a permanent basis; (d) head load vendors, including vendors, who sell fish
in temporary camps; (e) mini lorry distributors; and (f) moped load distributors. (1) The Government may, by notification, by means of a
Scheme provide for the registration of members subject to such conditions as
may be provided therein and make provisions for the purpose of ensuring social
security and welfare of the fishermen and labourers engaged in fishing and
other allied activities. (2) The relief or assistance as the case may be, to its
registered members in respect of all or any of the following matters, that is
to say? (a) Accident relief for death and injury; (b) Missing fisherman while fishing; (c) Death while fishing or immediately thereafter not
due to accident; (d) Natural Death; (e) Funeral expenses; (f) Education of children; (g) Marriage; (h) Delivery or miscarriage or termination of
pregnancy; (i) Old age Pension; shall be as specified in the Schedule. (3) The Government may, in consultation with the Board,
by notification, add to, amend or vary all or any of the provisions of the
aforesaid scheme or substitute another scheme for any scheme made by it. If
any question arises whether any scheme applies to any class of fishermen or
labourers engaged in fishing and other allied activities, the matter shall be
referred to such authority as may be prescribed in this behalf and the decision
of such authority shall be final. (1) The Government may, by notification, establish a
Board to be known by such name as may be specified in the notification for
implementing and administering a scheme. (2) The Board shall be a body corporate with the name
aforesaid, having perpetual succession and common seal, with power to acquire,
hold and dispose of property, and to contract, and may, by that name sue or be
sued. (3) The Board shall consist of members nominated from
time to time by the Government representing the fishermen and labourers engaged
in fishing and other allied activities, employers and the Government of whom
the Director of Fisheries shall be the Member-Secretary of the Board. (4) The Chairman of the Board shall be appointed from
amongst the members nominated to represent the Government. (5) After nomination of all the members of the Board
including the Chairman, the Government shall, by notification, publish the
names of all the members of the Board. (6) The term of office of members of the Board shall be
such as may be prescribed. (7) The meetings of the Board and procedures to be
followed for the purpose and all matters supplementary or ancillary thereto
shall, subject to the approval of the Government be regulated by the Board
itself. (1) For any reasons whatsoever, if it appears to the
Government that it is unable to establish a Board in accordance with the
provisions of Section 5, the Government, may by notification appoint a person
who shall hold office until a Board is duly established under Section 5. (2) The person so appointed shall be deemed to
constitute the Board for the time being, and shall exercise all the powers and
perform and discharge all the duties and functions conferred and imposed upon
the Board by or under this Act. He shall continue in office until the day
immediately preceding the date of the first meeting of such Board. (3) The person constituting the Board shall receive
such remuneration from the fund of the Board, and the terms and other
conditions of service shall be such as may be prescribed. (1) The Board shall be responsible for administering a
scheme, and shall exercise such powers and perform such functions as may be
conferred on it by the scheme. (2) The Board may take such measures as it may deem fit
for administering the scheme. (3) The Board shall submit to the Government as soon as
may be, after the first day of April every year, the annual report of the working
of the scheme during the preceding year ending on Thirty-first March of that
year. Every report so received shall be laid as soon as may be after it is
received before the Legislative Assembly if it is in session, or in the session
immediately following the date of receipt of the report. (4) The Board shall receive all contributions and use
such contributions in the manner as it may deem fit in order to achieve the
objects of the scheme. (5) In exercise of the powers and discharge of its
functions, the Board shall be bound by such directions as the Government, may,
for reasons to be stated in writing, give to it from time to time. (1) The Government may, by order, constitute district
level, taluk level or village level committees with members nominated by the
Board and such committees shall be presided by an official nominated by the
Government. (2) The Committee shall have such powers and perform
such duties as may be specified in the scheme or entrusted by the Board from
time to time. (1) There shall be a Fund constituted in the name and
style as Tamil Nadu Fishermen and Labourers engaged in Fishing and other Allied
Activities (Social Security and Welfare) Fund under a scheme and all monies received
from the sources as specified in subsection (3) shall be credited to such fund. (2) The Board shall hold the fund in any of the
Nationalised Banks or any of the Co-operative Banks under the control and
supervision of the Tamil Nadu State Co-operative Bank or any other Bank as may
be decided by the Board, with the approval of the Government from time to time.
Such an account shall be jointly operated by any two of the authorized
signatories of the Board, one of them being the Member-Secretary. (3) The contributions to the Fund shall be made by the
sources specified in sub-section (4), the Government and such other sources as
may be specified in the scheme. (4) The contribution towards the Fund shall be,-- (i) at such rate, as may be fixed by the Government
from time to time on the recommendation of the Board for every year from,-- (a) every fisherman; (b) every allied worker; (c) the owner of a mechanised fishing vessel of any
category; (d) the owner of net making plant and fish feed
manufacturing unit; (e) the owner of a prawn culture farm or a fish farm; (ii)
one
per cent of the sale proceeds of the dealer for every year; (iii)
at
the rate of 5 paise per litre of diesel sold by the Tamil Nadu Fisheries
Development Corporation Limited, Tamil Nadu Apex Fisheries Co-operative
Federation Limited and private diesel bunks approved by the Government; (iv)
at
the rate of 10 paise per litre of Tax Free Diesel purchased by the mechanized
Boat owners from the Tamil Nadu Fisheries Development Corporation or Tamil Nadu
Apex Fisheries Co-operative Federation Limited and private diesel bunks
approved by the Government; (v)
at
the rate of 5 per cent of the lease amount for the lease of reservoirs under
the control of the Tamil Nadu Fisheries Development Corporation Limited; (vi) at the rate of 5 per cent of the lease amount for
fishing collected by the respective authorities in Revenue, Hindu Religious and
Charitable Endowments, Public Works and Forest Departments and Local
authorities; (vii)
at
the rate of Rs. 10 per member for every year by the Primary Fishermen
Co-operative Societies or Primary Fisherwomen Cooperative Societies; (viii) at the rate of one rupee for every Kilogram of fish
sold by the Mettur Dam Co-operative Fish Marketing Society. (5) The Government may, in consultation with the Board,
revise the proportion in which the contribution is to be collected. (6) The contribution to the fund referred to in
sub-section (4) shall be remitted to the Fund within such period and in such
manner as may be prescribed. (7) All the expenditures relating to the implementation
of the scheme shall be met from the Fund including the contingent expenditure
in the administration of the scheme. (1) On an application made by the Board for the
recovery of arrears of any sum payable to it under this Act or under the scheme
and on its furnishing of a statement of accounts in respect of such arrears the
Collector may after making such inquiries as he deems fit, grant a certificate
for the recovery of the amount stated therein to be due as arrears. (2) A certificate by the Collector shall be final and
conclusive as to the arrears due. The arrears stated to be due therein shall be
recovered as arrears of land revenue by the Collector and remitted to the
Board. (1) The Board shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts, including a
balance-sheet in such form as may be prescribed. (2) The accounts of the Board shall be audited annually
by such qualified person as the Government may appoint in this behalf. (3) The auditor shall at all reasonable time have
access to the books of accounts and other documents of the Board, and may for
the purposes of the audit, call for such explanation and information as he may
require or examine any member or officer of the Board. (4) The accounts of the Board certified by the auditor,
together with the audited report thereon shall be forwarded annually to the
Government before such date as the Government may specify in this behalf. (5) The Board shall comply with such directions as the
Government may after perusal of the report of the auditor, think fit to issue. (6) The cost of audit shall be paid out of the funds of
the Board. (1) No person shall be chosen as, or continue to be a
member of the Board who? (a) is a salaried officer of the Board; or (b) is or at any time has been adjudged insolvent; or (c) is found to be lunatic or becomes of unsound mind;
or (d) is or has been convicted of any offence involving
moral turpitude. (2) The Government may remove from office any member who? (e) is or has become subject to any of the
disqualifications mentioned in sub-section (1); or (f) is absent without leave of the Board for more than
three consecutive meetings of the Board. Any
member of the Board may at any time resign his office by writing under his hand
addressed to the Government, and, his office shall, on acceptance of
resignation by the Government, become vacant. In
the event of any vacancy occurring on account of death, resignation,
disqualification or removal or otherwise, the Board shall forthwith communicate
the occurrence to the Government and the vacancy shall be filled not later than
ninety days from the date of the occurrence of the vacancy and the person
nominated to fill in the vacancy shall hold office so long only as the member
in whose place he is nominated would have held it if the vacancy had not occurred: Provided
that during any such vacancy, the continuing members may act as if no vacancy
has occurred. No
act or proceedings of the Board shall be questioned or invalidated merely by
reason of any vacancy in its membership or by reason of any defect in the
constitution thereof. (1) The Government may, at any time, appoint, any
person to investigate or enquire into the working of the Board or scheme and
submit a report to the Government in that behalf. (2) The Board shall give to the person so appointed all
facilities for the proper conduct of the investigation or enquiry, and furnish
to him such documents, accounts or information in possession of the Board as he
may require. (1) If the Government on consideration of the report
referred to in sub-section (1) of Section 16 or otherwise is of the opinion,-- (a) that the Board is unable to perform its functions;
or (b) that the Board has persistently made default in the
discharge of its functions or has exceeded or abused its powers, the Government
may by notification, supersede the Board and reconstitute it in the prescribed
manner, within a period of twelve months from the date of supersession. The
period of supersession may be extended for sufficient reasons by a like
notification by not more than six months: Provided
that before issuing a notification under this sub-section on any of the grounds
mentioned in clause (b), 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) After the supersession of the Board and until it is
reconstituted, the powers, duties and functions of the Board under this Act
shall be exercised and performed by the Government, or by such officer or
officers as the Government may appoint for this purpose. (3) when the Board is superseded, the following
consequences shall enure, that is to say? (a) all the members of the Board shall, as from the
date of publication of the notification under sub-section (1) vacate their
office; (b) all the powers, duties and functions, which may be
exercised or performed by the Board, shall during the period of supersession,
be exercised or performed by the Government or by such officer or officers as
may be specified in the notification; (c) all funds and other property vesting in the Board
shall, during the period of supersession, vest in the Government and on the
reconstitution of the Board, such funds and property shall revest in the Board. No
suit, prosecution or other legal proceedings shall lie against the Government
or the Board or the Chairman, Member-Secretary, or any member of the Board or
Committee or any other officers of the Board for anything which is in good
faith done or intended to be done in pursuance of this Act, or any scheme or
any Rule or order made thereunder. The
Government may, by notification, add to or modify the Schedule. (1) The Government may make Rules for carrying out all
or any of the purposes of this Act. (2) (a) All Rules made under this Act shall be
published in the Tamil Nadu Government Gazette and unless they are expressed to
come into force on a particular day, shall come into force on the day on which
they are so published. (b) All notifications issued under this Act shall
be published in the Tamil Nadu Government Gazette and unless they are expressed
to come into force on a particular day, shall come into force on the day on
which they are so published. (3) Every Rule or order made or notification issued
under this Act shall as soon as possible, after it is made or issued, be placed
on the Table of the Legislative Assembly, and if, before the expiry of the
session in which it is so placed or in the next session. The Legislative
Assembly makes any modification in any such Rule, order or notification or the
Legislative Assembly decides that the Rule, order or notification should not be
made or issued, the Rule, order or notification 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, order or notification. If
any difficulty arises in giving effect to the provisions of this Act, the
Government may, as occasion requires, by order, not inconsistent with the
provisions of this Act, do anything which appears to be necessary or expedient
for the purpose of removing the difficulty: Provided
that no such order shall be made after the expiry of two years from the date of
commencement of this Act. THE SCHEDULE [See
Section 3(2)] Sl. No. Relief or
Assistance Amount (in
Rupees) (1) (2) (3) 1 Accident
Relief: (a) Death due
to accident 1,00,000 (b) Loss of
both hands 1,00,000 (c) Loss of
both legs 1,00,000 (d) Loss of
one hand and one leg 1,00,000 (e) Total and
irrecoverable loss of sight in both eyes 1,00,000 (f) Loss of
one hand or one leg 50,000 (g) Loss of
limbs from grievous injuries other than those specified above 20,000 2 Death
while fishing or immediately thereafter not due to Accident 20,000 3 Missing
fisherman while fishing 1,00,000 4 Natural
Death 10,000 5 Funeral
Expenses 2,500 6 Educational
Assistance to Son and Daughter of the Members Day
Scholar Hosteller Boys Girls Boys Girls (a) 10th Std.
Pass 1,250 1,500 - - (b) 12th Std.
Pass 1,750 2,000 - - (c) I.T.I. or
Polytechnic (per year) 1,250 1,750 1,450 1,950 (d) Bachelor
Degree (Per year) 1,750 2,250 2,000 2,500 (e) Post
Graduate (per year) 2,250 2,750 3,250 3,750 (f) Professional
Courses (Law Engineering, Medicine, etc.) (per year) 2,250 2,750 4,250 4,750 (g) Post-Graduate
Professional Courses (per year) 4,250 4,750 6,250 6,750 7. Marriage
Assistance (a) Marriage
of Member -- (i) Male 3,000 (ii)
Female 5,000 (b) Marriage
of son or daughter of the Member-- (i) Male 3,000 (ii)
Female 5,000 8. Delivery
or Miscarriage of Pregnancy or Termination of Pregnancy: 0) Delivery 6,000 (@Rs.
1,000 per month for six months) (ii) Miscarriage 3,000 (ii) Termination 3,000 9. Old age
Pension (per month) 400 [1] Received the Assent of the Governor of
Tamil Nadu on the June 7, 2007 -- Published in Tamil Nadu Government Gazette,
Extraordinary, Part IV, Section 2, Iss. No. 157, pages 59-66, dated June 8,
2007. [2] Vide L.A. Bill No. 15 of 2007 as introduced
in the Tamil Nadu Legislative Assembly on May 8, 2007 -- Published in the Tamil
Nadu Government Gazette, Extraordinary, Part IV, Section 1, Issue No.113, pages
59-68, dated May 8, 2007.
Preamble - THE TAMIL NADU FISHERMEN AND
LABOURERS ENGAGED IN FISHING AND OTHER ALLIED ACTIVITIES (SOCIAL SECURITY AND WELFARE)
ACT, 2007PREAMBLE