THE
KERALA COIR WORKERS’ WELFARE FUND ACT 1987
(ACT
34 OF 1987)
An Act to provide for the constitution of a fund
to grant relief to, to promote the
welfare of, and to pay pension to coir
workers and self employed persons in
coir industry in the State of Kerala.
Preamble.-WHEREAS it is expedient to provide for the constitution of a fund
to grant relief to, promote the welfare of, and to pay pension to coir
workers and self employed persons in coir industry in the State of Kerala and
for certain other matters incidental thereto ;
BE it
enacted in the Thirty-eight Year of the Republic of India as follows:-
1.
Short title, extent and commencement:-(1) This Act may be called
the Kerala Coir Workers’ Welfare Fund Act, 1987.
(2) It
extends to the whole of the State of Kerala.
(3) This
section shall come into force at once, and the remaining provisions of this Act
shall come into force on such date as the Government may, by notification in
the Gazette, appoint; and different dates may be appointed for different
provisions of this Act:
Provided that the provisions relating to payment
of pension shall be deemed to have come into force on the last day of April,
1987
2.
Definitions:- In this ac, unless the context otherwise requires,-
(a)
“Board” means the Kerala Coir Workers’ Welfare fund Board constituted
under section 6;
(b)
“Chief Executive Officer” means the Chief Executive officer appointed
under sub-sector (1) of section 9 ;
(c)
[“coir
products” means mats and mattings, rugs and carpets, fibre, yarn, rubberised
coir products and other articles manufactured wholly or partly from fibre, yarn
or pith and includes such products of coir backed with PVC, rubber or any
similar backing materials; “ ;]
(d)
“coir worker” means any person who is employed for wages to do any work
in connection with the various processes in coir industry, and who gets his
wage directly or indirectly from the employer, dealer or producer of coir
products and includes any person employed by or through a contractor or through
an agent and depends mainly on coir industry for his livelihood, [and
includes a floating worker or any person] employed in coir industry, whom the
Government may by notification in the Gazette from time to time declare to be a
coir worker for the purposes of this Act;
[“Explanation.-If
any question arises as to whether a person is or is not a coir worker for the
purpose of this Act, the matter shall be referred to the concerned Project
Level Advisory Committee of trade unions in coir industry constituted for such
Coir Project area for the purpose for decision and an appeal shall lie to the
Board against the decision of the Project Level Advisory Committee;”;]
(e)
“contribution” means the sum of money payable to the fund under section
4 ;
(f)
“dealer” means any person who is engaged in the business of purchase,
sale, or storage for sale, of husks or fibre[or
pith] or coir yarn any coir products or a person who rets husks and includes
an agent of a dealer but does not include a cultivator who sells, or stores for
sale raw husks owned by him [“and
the Kerala State Co-operative Coir Marketing Federation and the Kerala State
Coir Corporation Ltd;]
(g)
“Director of coir Development” means the Director of Coir Development
for the State of Kerala ;
(h)
[“(h)
“Employer” means any person who directly employs whether on behalf of himself
or for any other persons one or more coir workers to do any work in connection
with the processes in coir industry ; “ ;]
[“ha)
“exporter” means any dealer or producer of coir products who exports coir
products to any country outside India from ports within the State of Kerala and
any such person who produces in or procures from Kerala such coir products and
exports them to any country outside India from ports outside the State of
Kerala;”:]
(i)
“family” means the husband, wife and their children;
(j)
“fibre” means coir fibre extracted from coconut husk
[
‘with or without use of machinery ‘]
[’(ja)
“Floating worker” means a coir worker who works for more than one employer,
dealer or producer of coir products;”;]
(k)
“fund” means the Coir Workers’ Welfare Fund established under section 3
and the scheme ;
(l)
“husk” means coconut husk, green, dry or retted ;
(m) “member”
means a member of the fund ;
(n)
“person” includes 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);
[“(na)
“pith” means the pith obtained from husk in the process of extracting fibre
from husk ;”;]
(o)
“prescribed” means prescribed by rules made under this Act;
[“(p) “process in coir industry” means retting raw husks, taking out and
counting retted husk, peeling the outer layer of retted husks, extracting fibre
from husk, cleaning fibre, spinning yarn, drying and bundling fibre and yarn,
rehanking yarn, making coir products, dyeing shearing and allied process in
finishing coir products with or without the use of machinery and includes
packing and such other activities which the Government may, by notification in
the Gazette, from time to time declare to be a process in coir industry;”;]
[“(q)
“producer of coir products” means a person who manufacture coir products or
carries on the business of processing coir products for export or for internal
marketing;”;]
(r)
“Schedule” means the schedule to this Act;
(s)
“Scheme” means a scheme framed under this Act:
(t)
“self-employed person” means a person other than a coir worker, who is
engaged in the extraction of coir fibre, spinning yarn and manufacture of coir
products for other person and depends mainly on coir industry for his
livelihood;
(u) “yarn”
means the coir yarn obtained by the spinning of fibre ;
(v) “year”
means the financial year.
3.
Coir Workers’ Welfare Fund Scheme.-(1) The Government may, by
notification in the Gazette, frame a scheme to be called the Kerala Coir
Workers Welfare Fund Scheme for the establishment of a fund under this Act for
the welfare of the coir workers and self employed persons in the coir industry
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 in section 4;
(b)
the amount borrowed by the Board under section 10;
(c)
damages realised under section 19 ;
(d)
grants or loans or advances made by the Government of India or the State
Government or the Coir Board or any institutions;
(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
6;
(4) The
fund may be utilised for all or any of the following purposes, namely,-
(a)
for payment of pension.-
[
“(i) to a member who has completed the age of sixty years and had valid
membership in the Fund for a minimum period of five years :
Provided that the minimum
period of five years membership in the Fund shall not be insisted.-
(a) to
a member who become disabled to do any normal work in connection with the
various process in coir industry or
(b) to a
member who subscribed to the Fund with effect from the 18th day of
January, 1989 and attained the age of sixty years before the 17th
day of January 1994:
Provided further that a
member who has valid member ship for a minimum period of thirty years in the
fund and who retires voluntarily, shall also be eligible for pension even if
he has not attained the age of sixty years.”]
(ii) to a person who before
the [30th
day of September 1989] was a coir worker or a self employed person and completed the age of sixty years or who suffers from permanent disablement and
is of out of employment;
[“(iii)
to a person who, before the 30th day of September, 1989 was a coir
worker or self employed person and who has not become a member of the Fund and
has completed the age of sixty years before the 30th day of
September, 1997, if he pays to the Fund and amount equivalent to the
contribution payable by him, had he been a member for the period from the 1st
day of October, 1989 to the date of completion of sixty years, within a period
of nine months from the 30th day of September, 1997:”]
[“(b)
for payment of family pension to the spouse of deceased member or if the
deceased member was a widow or a widower to the minor children;”;]
[“(ba)
for payment of any other retirement benefit;” ;]
(c) for
payment of financial assistance to a member who suffers from permanent or
temporary disablement;
(d) for
payment of loans or grants to a member to meet the day to day expenses during
off season or to meet expenses for the [“marriage
of daughters”] or for expenses in connection with disease or death of
dependents or for expenses in connection with the education of children or for
expenses for construction or maintenance of houses;
[“(da) for payment of loans or grants to a female member, to meet the expenses
in connection with her own marriage;
(db) for payment of
financial assistance to the dependents of a deceased member to meet the
expenses in connection with the death of that member;” ;]
(e) to
provide maternity benefits to women workers engaged in coir industry who are
not eligible for such benefits under any other law for the time being in force;
(f) to
provide for distress relief to the family of a members affected by natural
calamities and epidemics;
(g) to
provide for the coir workers, self-employed person and members of their
families,-
(i)
medical facilities;
(ii)
nurseries and creches;
(iii)
education, vocational training and facilities for part time
employment;;
(h) for
implementation of any other purpose specified in the scheme.
[Provided
that a member shall be eligible for financial assistance under clauses (c),
(d), (e), (f), (g) and (h) of sub-section (4), only if he has subscribed to
the fund for a continuous period of two years:
Provided further that two
years period of membership shall not be insisted in the case of permanent
disablement or accident or death of a member who was not a defaulter of the
fund.”.]t
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.
[“4.
Contribution payable to the Fund.-(1) Every coir worker and self
employed person shall contribute to the Fund five rupees per month and the
contribution by the coir worker shall be paid directly or through the employer:
Provided that a coir worker
or a self employed person who has not become a member of the Fund before the 30th
day of September, 1997 shall become a member of the Fund if he pays to the Fund
an amount equivalent to the contribution payable by him, had he been a member
for the period prior to the 30th day of September 1997, within nine
months from the said date:
Provided further that the
arrears of contribution, if any, for any period prior to the 30th
day of September, 1997, payable by a member shall be allowed to be paid waving
interest and penalty if such payment is made before the 30th day of
September, 1998.
(2)
Every employer, producer of coir products and dealer shall pay to the
Fund a contribution at the rate shown in the Annexure per year.
(3)
The Government shall contribute to the Fund every year an amount equal
to twice the amount contributed by the coir workers and self-employed persons,
by way of grant.
(4)
Every exporter shall with effect from the 1st day of October,
1989 pay to the Fund every year an amount equal to 0.75 per cent of the F.O.B.
value of his annual exports by way of contribution:
Provided that the
contribution payable by producers of coir products, dealers or exporters, as
the case may be, till the 30th day of September, 1997 shall be
calculated at the revised rates and excess payments, if any shall also be
adjusted against future payments and arrears, if any, may be allowed to be paid
in suitable quarterly instalments not exceeding twenty, after waiving interest
and penalty on such arrears:
Provided further that the
instalment facility for payment of arrears and waiver of interest and penalty
shall be extended only if the current contributions are paid without default
along with instalments of arrears.”]
(6) The
contribution shall be paid to the Chief Executive Officer or
to
any officer of the Board authorised by the Board in this
behalf.
(7) Where
the amount of any contribution payable under this Act involves a fraction of a
rupee, the scheme may provide for the rounding off of such fraction to the
nearest rupee.
5.
Modification of scheme.-(1) The Government may, by notification in the
Gazette, add to, amend or vary the scheme 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 from 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 notification.
(6)
Constitution of Board.-(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 Coir workers’ Welfare Fund Board” for the
administration of the fund and to supervise or carry out the activities
financed from the fund.
(2)
The Board shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal and shall by the said name sue and be
sued.
[“(3)
The Board shall consist of fifteen Directors as may be appointed by the
Government and they shall consist of,-
I.
five Directors representing coir workers and self employed persons;
II.
one Director each representing Government in the Industries and finance
Departments ;
III.
one Director representing Coir Board ;
IV.
Director of Coir Development ;
V.
Chief Executive Officer of the Board; and
VI.
five Directors representing exporters, dealers, employers producers of
coir products and Coir Co-operative Societies registered or deemed to be
registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969).”.]
(4) One of the
members of the Board shall be appointed by the Government
to be
its Chairman.
(5)
The Government shall publish in the Gazette the names of all 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 any Director of the Board or to the Chief Executive Officer
such of its powers and functions under this Act or the 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.
7. Term of Office of Directors.-(1) A
Director appointed under sub-section (3) of section 6 shall hold office for a
period of three years.
(2)
Notwithstanding anything contained in section 8, 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 the 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, but shall continue in office until his resignation is accepted
by the Government.
(8) Removal
of non-official Directors.-(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 from the meetings of the Board
for three consecutive meetings:
Provided, however, that such
absence may be condoned by the Board before the publication of the notification
in the Gazette;
(b) if he, in the opinion of the
Government, 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 reappointment 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 reappointment until he is declared by an order of the Government to be no
longer ineligible.
9. Appointment of
officers and staff.-(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 the 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,-
(a)
fifty per cent shall be reserved for appointment from candidates
belonging to the families of coir workers and self employed persons; and
(b)
fifty per cent shall be filled in accordance with the procedure laid
down in the Kerala State and Subordinate Service rules, 1958
[“(4)
The Government may, in such manner as may be prescribed, delegate such of their
powers under sub-section (1) to the Board.”.]
10. Power of the Board
to borrow.-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.
11. Determination of
amount due.-(1) The Chief Executive Officer or any other officer authorised
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 4, an
opportunity to be heard, by order determine the amount due from every employer
or dealer [or
exporter] 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 and examining him on oath:
(b) requiring the
discovery and production of documents;
(c) receiving
evidence on affidavit;
(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 the
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, in the case of an
order passed by any officer, other than the Chief Executive Officer, to the
Chief Executive Officer and, in the case of an order passed by the Chief
Executive Officer, to the Board and the Chief Executive Officer or the Board,
as the case may be, shall, after making such enquiry, pass such orders thereon,
as he or it may deem fit:
Provided that no appeal shall be entertained either
by the Chief Executive Officer of the Board unless the appellant has remitted
to the Fund the amount determined under sub-section (1) .”;]
(5) The Government may,
either suo moto, or on application of the aggrieved person, call for the
records of any proceedings taken by the [Chief
Executive Officer or the Board] 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 on which the order was communicated to 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 to be heard.
12. Provisional
assessment and collection of contribution.- [“(1)
Every employer or dealer or producer of coir products or exporter liable to pay
contribution under section 4 shall, pending determination under section 11 of
the amount due from him, pay the amount according to latest determination under
the said section and in the absence of such determination according to self
assessment of contribution payable under section 4, as shown below, namely:-
|
(a) |
contribution upto Rs . 100 per annum |
In lumpsum on or before 30th June of every year |
|
(b) |
contribution above Rs.100 and upto Rs.12000 per annum |
In two half yearly instalments before 30th June and 31st December of every year. |
|
(c) |
Contribution above Rs.1200 per annum |
In equal quarterly instalments before 30th June, 30th September, 31st December and 31st March every year. |
Note.-The Board may at its discretion allow
appropriate rebate for prompt payment or advance payment..”;]
(2) The
contribution for a month due from a coir worker or self-employed person shall
become payable on or before the [15th
day] of the succeeding month.
(3) Whether
the contribution is not paid on or before the due date, the Chief Executive
Officer or any officer of the Board authorised by it in this behalf, shall
issue a notice to the defaulter showing the amount of 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 or dealer or producer of coir
products[or
exporter] for a year shall be adjusted against the amount determined, under
section 11 for that year.
13. Mode of recovery of
money due from coir workers, self-employed persons, employers, dealers [producers
of coir products and exporter] [1]
Any amount due from the coir workers, self-employed persons, employers,
dealers [
producers of coir products and exporters] in pursuance of the provision 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.
[“(2)
The Chief Executive Officer or any other officers authorised by the Government
in this behalf shall have power to seize goods, stocks including goods in
transit along with the carrier, machinery or equipment of the employers,
dealers, producers of coir products or exporters who has defaulted contribution
to the Fund for more than one year and sell them in public auction for
realisation of defaulted amount due to the Fund from them:
Provided that if the
defaulter pays the defaulted amount within seven days from the date of such
seizure, the articles so seized shall be released to him.”]
14. Priority of payment
of contribution over other debts.-Where any employer or dealer [or
producer of coir products or exporters] liable to pay contributions under
section 4 is adjudicated as insolvent or, in case such employer or dealer [or
producer of coir products or exporter] is a company, an order for winding up is
made, the amount due from such employer or dealer [or
producer of coir products or exporter] 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 1956) or under section 530 of the
Companies Act, 1956 (Central Act 1 of 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.
15. Employer not to
reduce wages etc.-No employer or dealer or producer of coir products 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 coir worker to
whom the scheme applies or the total quantum of benefits to which the coir
worker is entitled under the terms of his employment express or implied.
16. Directors of Board
etc, to be public servants.-Every Director of the Board, the Chief
Executive Officer and other officers and members of the staff of the Board
appointed under sub-section (1) of section 9 shall be deemed to be a public
servant within
the meaning of section 21 of the Indian Penal Code
(Central Act 45 of 1860).
17. Penalty.-(1)
Whoever, for the purpose of avoiding any payment to be made by himself 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) Whoever 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 previous sanction of the Chief Executive
Officer.
18. Offences by Companies.-(1) Where an offence
under this Act has been committed by a company, every person who at the time
the 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 diligence 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, Managing Agent,
Secretary, Treasurer or Manager of the company and includes the office bearers
of a firm, co-operative society or other association of individuals.
19. Power to recover
damages.-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 per cent of the amount of arrear as they may
think fit to impose.
20. Protection
for acts done in good faith.-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 the
scheme.
21. Directions by
Government.-(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 the 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.
22. Power to order
inquiry.-(1) The Government may, at any time appoint any person to inquire
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.
23. Power to
supersede the Board.-(1) If, on consideration of the report under section
22 or otherwise, the Government are of opinion that the Board has persistently
made default in the performance of 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, vacate 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 6.
24. Audit of
Accounts of the Board and remuneration of auditors.-
(1) The Government 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.
25. Annual
report and audited statement of accounts.-(1) The Annual report of the
Board shall be prepared under the direction of the Board and after approval by
the Board, a copy of the report shall be submitted to Government before [
the end of December] 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 on the Table of the
Legislative Assembly.
26. Bar of
jurisdiction of civil courts.-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 any officers authorised by the Government] or the Board or
the Director of Coir Development or any officer authorised by the Director of
Coir Development or the Chief Executive Officer or any officer authorised by
the Board.
27. Special
provisions for transfer of accumulation from welfare funds, established by any
Acts or agreement.-Notwithstanding anything contained in any other law for
the time being in force, on the date of publication of this Act in the Gazette,
the sums standing to the credit of a member in any welfare fund established
either by any law or agreement 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.
28. Removal
of difficulties.-(1) If any difficulty arises in giving effect to the
provisions of the Act, the Government may, as occasion may require, by order,
do anything not inconsistent with this Act or the rules made thereunder, which
appears to them necessary for the purpose of removing the difficulty.
(2) Every order made under
sub-section (1) shall be laid before the State Legislature.
29. Power to
make rules.-(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 sesssion 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.
[“ANNEXURE”
CONTRIBUTION PAYABLE
TO THE FUND BY EMPLOYERS
PRODUCERS OF COIR
PRODUCTS AND DEALERS
[See section 4
(2) ]
|
Sl. No. |
Category |
Rate of contribution |
|
|
1 |
2 |
|
1. |
Employers engaged in production of yarn using spinning ratts: |
|
|
|
(a) traditional Ratt |
rupees thirty per ratt installed or used |
|
|
(b) motorised Ratt |
rupees twenty-five per ratt installed or used |
|
2. |
Persons engaged in the extraction or production of fibre using defibering machinery from: |
|
|
|
(a) retted husk |
rupees one hundred and fifty |
|
|
(b) unretted husk |
rupees five hundred |
|
3. |
Persons engaged only in cleaning or curling of fibre using power: |
|
|
|
(a) for willowing or cleaning unit |
rupee fifty per unit |
|
|
(b) curling unit |
rupees two hundred per unit |
|
4. |
Persons engaged in the production of coirmats, mattings and carpets using: |
|
|
|
(a) handlooms producing mats |
rupees sixty per loom |
|
|
(b) handlooms capable of producing mattings of width upto and including Three metres |
rupees two hundred and forty per loom |
|
|
(c) handlooms capable of producing mattings of width above three metres |
rupees for hundred and eighty per loom |
|
|
(d) semi-automatic looms |
rupees nine hundred per loom |
|
|
(e) automatic looms or powerlooms |
rupees one thousand and two hundred per loom |
|
5 |
Persons engaged in the production of rubber backed coir products including those carrying out job work utilising: |
|
|
|
(a) hand press only |
rupees one hundred per unit or factory |
|
|
(b) power press |
rupees two hundred and fifty per unit or factory |
|
6 |
Persons engaged in the production of rubberised coir products including rubberised coir mattresses and PVC, rubber, form, synthetic foam or any other foam backed coir products |
rupees fifteen thousand per unit or factory |
|
7 |
Persons engaged in sheering, stencilling and other finishing work of coir products |
rupees one thousand five hundred |
|
8 |
Persons engaged in the production of coir products not specified elsewhere: |
|
|
|
(a) for installed capacity in terms of value of production upto and including rupees one lakh |
rupees five hundred |
|
|
(b) for installed capacity in terms of value of production above one lakh and upto and including rupees ten lakh |
rupees one thousand and five hundred |
|
|
(c) for installed capacity in terms of value of production above rupees ten lakhs and upto and including rupees fifty lakhs |
rupees three thousand |
|
|
(d) for installed capacity in terms of value of production above rupees fifty lakhs |
rupees ten thousand |
|
Note 1.-
Note 2.- |
Employers or producers of coir products under Sl. Nos. 1 to 8 above need not make any contribution as a dealer in respect of sale within the country of products manufactured by them. However, if they resort to marketing of fibre, yarn or coir products procured from other sources, they shall be liable to pay contribution as applicable to a dealer for such quantity of goods procured and sold in the domestic market.
If any of the employers or producers of coir products in Sl. Nos 1 to 8 above exports their production to countries outside India they shall be liable to pay contribution as an exporter for such quantity of goods that are exported. |
|
9. |
Dealers of husk |
rupees fifty for every 50,000 Nos. of husk or fraction thereof. |
|
10. |
Retters of husk |
rupees twenty-five for every fifty thousand husk or fraction thereof. |
|
Note.- |
Category of persons included under Sl. Nos. 1, 2 and 3 above engaged in husk retting shall not be liable to pay contribution as retters. |
|
11 |
Dealers of fibre, pith, yarn or coir products |
rupees one hundred per rupees one lakh or part thereof of the annual turnover, subject to a minimum of rupees two hundred and fifty.” |
15. Repeal and saving.-(1)
The Kerala Coir Worker’s Welfare Fund (Amendment) Ordinance 1998 (5 of 1998 is
hereby repealed.
(2) Notwithstanding such repeal; anything done or
deemed to have been done or any action taken or deemed to have been taken under
the principal Act, as amended by the said Ordinance, shall be deemed to have
been done or taken under the principal Act, as amended by this Act.
SCHEDULE
[See section 3
(1) ]
MATTERS FOR WHICH
PROVISIONS MAY BE MADE IN THE SCHEME
1. Registration of coir
workers, self employed persons, employers, producers of coir products [dealers
and exporters]
[“(1A) Registration of certain coir workers and self employed persons who
have attained sixty years and could not become a member of the Fund before the
30th day of September 1997 and the payment of their contribution to
the fund.”.]
2. The time and manner in
which contribution shall be made to the fund by coir workers, self employed
persons, employers, producers of coir products and dealers and by, or on behalf
of coir workers, the contributions which a coir worker and self employed person
may make under section 4 and the manner in which such contributions may be
recovered.
3. The manner in which the coir 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 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.
6. The form in which a coir worker shall furnish
particulars about himself and his family whenever required.
7. The nomination of a person to receive [family
pension and retirement benefits] of a member on his death and the cancellation
or variation of such nomination.
8. The registers and records to be maintained with
respect to coir workers and the returns to be furnished by the employers.
9. The form or
design of any identity card, token or disc for the purpose of identifying any
member of the fund and for issue custody and replacement thereof.
10. The fees to be levied for any
of the purposes specified in the schedule.
11. The further powers, if any,
which may be exercised by the officers appointed under the Act.
12. The manner in which the sums
transferred under section 27 to be brought and credited to the fund.
13. The purposes for which the fund
may be utilised for the welfare of coir workers, self-employed persons or their
dependents.
14. The procedure for defraying
the expenditure incurred in the administration of the fund.
15. The procedure for paying
pension, [family
pension, retirement benefits] grants or advances from the fund.
16. 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.