Amendment status not verified — confirm the current text below against the official source.
Penalty 18 Offence by compames 19 Bar of JunsdtctJOn of Civ1l Courts 20 Power to make Rules 21 Repeal and Savmgs , . ... 215 ,~ [Translatton m Engh~h of "2007-6lru acfhm~ Cllctn:'>j6l<miD::l\91ruo~ldh@l6lS<D>~o ClJ1'11m~6TlJCTW 6ltmo\91ruo@ldh~~6lS<D>lo Q~Cll Ei><ru<"QJ ~dhg" pubhshed under the authonty of the Governor J ACT 9 OF 2007 * TilE KERALA FISHERMI:""N'S 'AND ALLIED WORKERS' WELFARE CESS ACT, 2007 An Act to provzde for tire levy and collectzon of cess on the sale p1 oceeds of fish, fish products, allzed objects and equzpments wztlun the State wah a vzew to augmentzng the resowces of the Kerala Fishermen's Welfare Fund constltute3 under ~ectzon 3 of the Kerctla Fzshermen's Welfare Fund Act, 1985 (30 of 1985) Preamble -WHEREAS, It ts cxpedtent to levy and collect ces~ on the sale' \ proceeds of fish, fish products, alhcd obJects and cqUlpmcnts Withm the State wtth a vtew to augmcntmg the resources of the Kcrala Fishennen's Wellare rund constituted under the Kcrala Fishenncn Welfare Fund Act, 1985 (30 of 1985) for the welfare of fishermen and allied workers of fishery mdustry m Kcrala. and to Impose such cess on the dealers for the purpose of aehievmg the obJect to safeguard the mtercst of fishermen and alhcd workers m the State, B1: It enacted m the Ftfty-etghth Year of the Republic of lndta as follows·- 1 Short lltle, extent and commencement-{ 1) Thts Act may be called the Kerala Ftshennen's and Alhcd Workers' Welfare Ce'ig Act, 2007. (2) It extends to the whole of the State of Kerala (3) It shall be deemed to h'avc come Into force on 18th day of February, 2006 2 Defimtzons -{1) In this Act, unless the context othcrwtsc reqmres,- (a} "alhed worker" means any person who IS engaged mamly m fic;;lHery related aCtlVltleS for htS hvehhood and who dOCS not COme under the defimtton of the term • fishenncn' m clause (c) of scct10n 2 of the Kcrala Ftshennen 's Welfare Soctcties Act, 1980 (7 of 1981) and mcludes beach workers, ft~h dtstnbutors, fish curers, pcehng workers and processmg plant workers who arc not members or not chgible to get membershtp, m ctny other statutory welfatc scheme, (b) "Assessmg Officer" means an officer appomted by the Gov'emment under sect tOn 5, • RcccJvcd the assent of Governor on the 13th Apt Jl , 2007 and publn.hcd tn the Kcrala Gazette Extraor\imary No 705 dated 13th Aprtl, 20U7 216 (c) "Board" means the Kerala Frshermcn's Welfare Fund Board constituted under section 7 of the Kerala Frshermen 's Welfare Fund Act, 1985 (30 of 1985), (d) "dealer" means any person who engages m the busmcss of buymg and scllmg of fish or processmg fish or bnngmg mto the State or sendmg outstdc the State-the fish (raw or processed) or fish product or alhed objects or equ1pments, and mcludes,- {t) a commtsswn agent, a broker, auctiOneer or any other mercantlle agent by whatever name called, and (11) a non-res1dcnt dealer or an agent of a non-res1dent dealer or a branch of a firm or company or associatiOn s)tuated outs1de the State - PJTovtdcd that, ftshermen and allied worker as dcfmed m the Kerala F Ishennen 's Welfare Fund Act, 1985 (30 of 1985), shall not be mdudcd m thrs (e) "fish" means shnmp, prawn, mussel, clam, cuttlefish, squ1ds, crab mcludmg all vanetrcs of fish or any other aquatic 01gamsms and aquatrc plants and ornamental fishes explmted commercially for edible or mcdrcmal purposes or for manure or feed, , (f) "fisherman" means a fisherman as defined m clause (c) of sectiOn 2 of the Kerala F1shermen 's Welfare Soc1el1CS Act, 1980 (7 of 1981 ), (g) "fishmg vessel" means a sh1p or boat, whether or not fixed w1th mechamcal means of propuls10n, wh1cti IS engaged m fishmg for profit and mcludes,-. a catamaram, vanch1 or vallam or by any craft known by local vanallons thereof, (h) "fund" means the Kerala F1shennen 's Welfare Fund established under sectiOn 3 of the Kerala FJsh.enneri's Welfare Fund Act, 1985, , (1) "Government" means tll~ Government of Kerala; (J) "pre~cnbcd" means prcscnbcd by rules made under tlllli Act, (k) "Sale proceeds" means the sale value of all transactions earned out m the State mcludmg buymg or selhng, brmgmg m or scndmg outstde the State, fish or fish products or alhcd obJects or cqUipments for uc;e or for processmg otherwise (2) Words and expressiOns used m th1s Act ,but not defined and defined m the Kerala FI~hcrmen's Welfare Fund Act, 1985 shall have the same mcanmg respectively asstgned to them m that Act ----{ . ,... _,. 217 3 Levy and Collectzon of Cess.-{ 1) There shall be lev1ed and collected a cess for the purpose of the Kerala F1shcnnen Welfare Fund Act, 1985 and the scheme thereunder, at one per cent of the total sale proceeds of a dealer m a financial year (2) The cess lcv1ed under sub-sect10n (I) shall be collected from every dealer m such manner and at such ttme, as may be prcscnbcd . (3) The cess levted under sub-sect10n ( 1) shall be m add1t10n to any cess, duty or tax lev1ablc on fish under any law for the tlme bemg m force (4) The proceeds of the cess collected under sub.osect10n (2) shall be credtted tmtlally to the Consolidated Fund of the State m the manner, as may be prescnbcd . , (5) The amount of cess collected shall be patd to the Fund of the Board by the Government after deductmg the cost of collectiOn of such cess not excccdmg one per cent of the amount coJlccted every year, before 30th June, m the manner as may be prescnbed.