[1][THE
KERALA LABOUR WELFARE FUND RULES, 1977 These rules may be called the
Kerala Labour Welfare Fund Rules, 1977. In these rules, unless the
context otherwise requires. (a)
"Act" means the Kerala Labour Welfare Fund Act, 1975 (11
of 1977) (b)
"Form" means a form appended to these rules; (c)
"Section" means a section of the Act. (1)
Within fifteen days from the date on which the Act comes into
force, every employer shall pay by cheque, money order or cash to the
Commissioner.- (a)
All fines including the amounts realised under Standing Order 20
of the Model Standing Orders issued under the Kerala Industrial Employment
(Standing Orders) Rules, 1947, from the employees before the said date and
remaining unutilized on that date; (b)
All deductions made under the proviso to sub-section (2) of
Section 9 of the Payment of Wages Act, 1936 (Central Act 4 of 1936), from the
wages of employees before the said date and remaining unutilized on that date;
and (c)
all unpaid accumulation held by the employer on the aforesaid
date. (2)
The employer shall, along with such payment, submit a statement to
the Commissioner giving full particulars of the amount so paid. (3)
All the fines realised and deductions made from the wages of the
employees and all unpaid accumulation held on or after the date on which the
Act comes into force, shall be remitted half-yearly to the commissioner along
with the half-yearly contributions payable by the employer and employees under
Section 15. The notice referred to in
sub-section (3) of Section 13 shall contain the following particulars, namely:- (i)
name and address of the establishment in which the unpaid
accumulation was earned; (ii)
wage period during which the unpaid accumulation was earned. (iii)
names of employees with amount of unpaid accumulation in respect
of each employee; and the total amount of the unpaid accumulation; and (iv)
a declaration that a list containing the names of employees and
the amount due to them and paid to the Board has been put on the notice board
of the factory or establishment in which the unpaid accumulation was earned. The Commissioner may, after
making such enquiries as he may deem fit and after calling for a report from
the Inspector, if necessary, serve a notice as required by Section 14 on any
employer to pay the amount of fines realised or unpaid accumulation held by him
which the employer has not paid in accordance with Rule 3. (1)
Application for remission of penalty payable under sub-section (2)
of Section 14 shall be made to the Government within thirty days from the date
of payment of penalty and shall clearly specify the grounds on which remission
is claimed. (2)
When the Government is satisfied that such penalty is likely to
cause undue hardship to the employer concerned or that employer has suffered
financially on account of riots war, or through natural calamities or that
delay caused in the payment of unpaid accumulation or fines was due to
circumstances beyond his control, the Government may remit such penalty in part
or whole. (1)
The accounts of the fund shall be prepared and maintained by the
Finance Officer of the Board in such manner and forms as may be prescribed by
the Board and shall be got audited as provided in sub-rule (3). (2)
The Commissioner shall be responsible for the disposal of audit
note. (3)
The Accounts of the Fund shall be audited in accordance with the
instruction issued by the Government. (4)
The charges on account of audit shall be paid out of the
Administration Account. (1)
The Budget estimates for each financial year shall be prepared and
laid before the Board on or before the 1st December of the previous financial
year and after it is approved by the Board, shall be forwarded to the
Government for approval on or before the 15th December. (2)
The Government shall approve the Budget before 15th of January
after making such amendments and alterations, if any, as they consider
necessary. (3)
The Budget as approved by the Government with or without
amendments or alterations shall constitute the Budget of the Board for the
ensuring financial year and shall be issued under the seal of the Board and
signed by the Officer or Officers of the Board duly authorised by it in this
behalf. (4)
Two authenticated copies of the Budget shall be forwarded to the
Government before the 28th February. (1)
If during the course of a financial year it becomes necessary to
incur expenditure over and above the provisions made in the budget, the Board
shall immediately submit to the Government the details of the proposed
expenditure and specify the manner in which it is proposed to meet the
additional expenditure and thereupon the Government may either approve the
proposed expenditure after making such modifications as they considered
necessary or reject it. (2)
A copy of the order passed by the Government on every such
proposal to incur additional expenditure shall be communicated to the Board. All payment from the Fund
amounting to:- (a)
Less than R.50 may be made in cash or money order; (b)
Rs. 50 or more shall be made in cheque issued by the Commissioner; Provided that the Board may, in
any particular case, for special reasons; authorise such payment also in cash. (1)
Every employer shall recover from every employee whose name is
borne on the register of his establishment on the 30th June, or 31st December
of each year, the employee's contribution from his Wages for the month of June
or December, as the case may be, of that year: Provided that no such deduction
shall be made in excess of the amount of the contribution payable by such
employee. nor shall it be made from any wages other than the wages for the
month of June and December: Provided further that if by
inadvertence or otherwise no deduction has been made from the wages of an
employee for the months aforesaid, such deduction may be made from the wages of
such employee for any subsequent month or months with the permission in writing
of the Inspector. (2)
Notwithstanding any contract to the contrary, no employer shall
deduct the employer's contribution from any wages payable to the employee or
otherwise recover it from the employees. (3)
An employer shall pay the employer's and employee's contributions
to the Board by cheque, money order or in cash, and he shall bear the expenses
of remitting to the Board such contributions. (4)
The employer shall along with such payment submit a statement in
Form "A" to the Commissioner giving full particulars of the amount so
paid. The Board shall consist of the
following 21 members appointed by the Government. (a)
Five representatives of employers; (b)
Five representatives of employees; (c)
Five Government officials; and (d)
Six non-officials; Provided that the Government may
appoint one or more additional persons to be members of the Board, so, however,
that the total number of members does not exceed 25. The members of the Board other
than Government officers shall be entitled to travelling allowance and daily
allowance at the rates applicable to 1st Grade Officers of the Government;
provided however that travelling allowance for journeys performed shall be
limited to journeys performed from the place of residence within the State. (1)
The Board shall meet at least once in every quarter and as often
as may be necessary. (2)
The Commissioner shall, in consultation with the Chairman, fix the
date, time and place of meeting and also draw up the agenda for every meeting. (3)
Notice of not less that seven clear days shall be given for every
such meeting and no matter, other than that included in the agenda, shall be
considered except with the permission of the Chairman: Provided that, seven days clear
notice shall not be necessary when, in the opinion of the Chairman, business of
an urgent nature has to be transacted. Subject to the prior approval of
the Government, the Board may, from time to time borrow any such of money and
secure repayment of such sum in such manner and upon such terms and conditions
as they think fit. The Commissioner shall be an
officer of the Labour Department not below the rank of Joint Labour Commissioner
appointed on deputation on usual terms and conditions applicable to Government
servants of deputation. (2) The scale of pay of the Commissioner shall be Rs.
1150-50-1450-50/2-1650. (1)
The Finance Officer shall be an officer of the Government in the
Finance Department not below the rank of Under Secretary or an Officer in the
Accountant General's Officer not below the rank of Accounts Officer appointed
on deputation basis on the usual terms and conditions applicable to Government
servants on deputation. (2)
The scale of pay of the Finance Officer shall be Rs.
950-50-1350-50/2-1450. (3)
The duties of the Finance Officer shall be the following . (a)
preparation of budget estimates; (b)
distribution of allotments among the subordinate Controlling
Officers; (c)
reconciliation of Board's account with the figures booked in the
Accountant General's Office; (d)
control over Board revenue and expenditure which includes; (i)
watching the progress of Board's revenue and expenditure and
issuing instructions to the subordinate officers to keep the expenditure and
issuing instructions to the subordinate officers to keep the expenditure within
allotment when any likelihood of excess is anticipated ; (ii)
reporting to the Board deviations from rules relating to
expenditure noticed on the part of the Subordinate Officers; (iii)
initiating and dealing with proposals relating to reappropriation
regalements, supplementary grants and surrender of Savings; (iv)
scrutinizing expenditure statement relating to various programs of
the Board. (e)
scrutiny of all cases involving. (i)
abandonment of Revenue; (ii)
refund of Revenue; (iii)
enhancement of Revenue; and (iv)
write off of Board's dues and liabilities; (f)
scrutiny of all proposals involving financial commitment submitted
by the Board to the Government; (g)
review of progress in the disposal of audit objection and dealing
with audit inspection reports; (h)
internal audit of the accounts of the head office; (i)
inspection of the accounts of subordinate officers under the
orders of the Commissioner and submission of notes of such inspection for his
perusal and orders; (j)
verification of claims for pension or gratuity; (k)
issue of instructions to Board's Officers regarding (i)
maintenance of accounts and observation of accounts rules, and (ii)
correct accounting of stores and observance of Store Rules; (l)
to arrange for the proper maintenance of accounts relating to
loans sanctioned and /or disbursed by the Board and to watch the prompt
recovery of such loans. (m)
to test audit of account of institutions which receive
grants-in-aid or loans from the Board and to furnish utilisation certificate
wherever required; (n)
to advise the Board on all matters relating to Finance accounts
and application of Code Rules; and (o) any other duties and functions assigned
by the Board. (4)
Subject to overall control and supervision of the commissioner the
Finance Officer shall be competent. (a)
to carry on correspondence with the subordinate officers on all
accounts and financial matters and the disposal of objections and audit
inspection reports; (b)
to sign fair copies of communications to Government relating to
Finance and Accounts, the drafts of which have been approved by the
Commissioner. (c)
to send communication to the Accountant General furnishing
information relating to finance and accounts. (d)
to sanction casual leave to the staff working under him; and (e)
to call for explanations from the staff working under him for
dereliction of duty and recommend suitable disciplinary action to the
Commissioner. (1)
No person shall be appointed as Inspector unless he. (a) is a
graduate and (b) possesses a postgraduate degree or diploma in Social Welfare
or equivalent qualification. [2]Provided
that the qualifications specified above shall not be insisted upon in the case
of officers of the Labour Department not below the rank of Assistant Labour
Officer Grade II. (2)
In addition to the powers conferred by sub-section (2) of Section
24, an Inspector shall, for the purpose of giving effect to the provisions of
the Act, have power. (i)
Subject to the provisions of sub-section (1) of section 29 to
prosecute, conduct or defend before court any complaint or other proceeding
arising under the Act; (ii)
to require any employer to supply or send any return or true copy
of any document or information relating to the provision of the Act; (iii)
to satisfy himself at each inspection that. (a)
the provisions of the Act and the rules regarding the payment of
contribution and unpaid accumulation and fines are complied with; (b)
the prescribed registers are properly maintained; (c)
the returns required under the rules are sent to the Commissioner; (iv)
to not how far the defects pointed out at previous inspections
have been removed and how far orders previously issued have been complied with;
and (v)
to point out all such defects or irregularities as he may have
observed and to give orders for their rectification. The Board shall insure that the
expenses of the staff including the staff employed for carrying out the
programme of the Board and other administrative expenses shall not exceed ten
per cent of the annual income of the Fund. (1)
The Board shall, within three months of the date of closing of
each financial year, submit to the Government an audited statement of receipt
and expenditure together with an annual report giving its activities, in the
year and the activities, if any, which are likely to be undertaken by the Board
in the next year. (2)
The Statement and the report shall be laid as soon as they are
received by the Government before the Legislative Assembly. (3)
After the statement and report are laid before the Legislative
Assembly, the Board shall cause the same to be published in such manner as it
may deem fit. (1)
Every employer of an establishment shall maintain the following
registers, namely: (a)
a register of wages in Form ''B"; (b)
a consolidated register of unpaid accumulation and fines and other
deduction in Form ''C''; (c)
a visit book in which the Inspector visiting the establishment may
record his remarks regarding any defect that may come to light at the time of
inspection, which shall be produced whenever required to do so by the
Inspector. Provided that no separate
register of wages in Form "B", and no separate visit book need be
maintained when the employer maintains such register of wages and such visit
book in compliance with the Payment of Wages Act, 1936 (Central Act 4 of 1936)
or the Minimum Wages Act, 1948 (Central Act 11 of 1948) or the Kerala Shops and
Commercial Establishment Act, 1960 (34 of 1960). (2)
The registers shall be preserved for a period of 10 years from the
date of last entry made therein. Form A Form BTHE
KERALA LABOUR WELFARE FUND RULES, 1977