Bare ActsThe Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006

Section 4

Contribution to the Fund

Amendment status not verified — confirm the current text below against the official source.

Contribution to the Fund.—(l) Every member shall contribute to the Fund rupees twenty per month. Every employer shall contribute, to the Fund rupees twenty per month, in respect of each worker employed by him. A self employed person shall pay rupees twenty every month in addition to the contribution to the Fund as per sub-section (1). The 'Government shall contribute to the Fund by way of grant, an amount of rupees five per month paid by each member under sub-section (1) or , twenty five per cent of the employee's contribution; whichever is higher. The amount of contribution to be remitted as such shall be deposited in a Co-operative Bank recognised by the Board, or Nationalized Banks or any institutions decided by the Government; for collecting sucK amount. The Government may, by notification in the Gazette, revise the rate of contribution specified in sub-section (1) and (2) and the rate of grant specified in sub-section (4), once in every three years taking into account the expenses required for the implementation of the scheme, Every notification under sub-section (6), 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 makes any modification 314872/07. 26 S 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 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 ModWcation of the sthetne.—( I) The Government may, by notification in the Gazette, modify 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 expiy of the session in which it is so laid or the session immediately following, the Legislative assembly makes 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 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. Constitution of Board.-41) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a oard by name "the Kerala Shops and Commercial Establishments Workers' Welfare Fund Board" for the administration of the Fund and to supervise and nanagement the activities financed from the Fund. (2) The Board shall be a body corporate by 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 nominated by Government as hereinafter provided:- five members representing worker and self employed pesons; five members representing the employees; (ii Five members represending the Government. (4) One of the Directors of the Board shall be appointed by the Government, to be its Chairman. 27 The Govertiment shall publish in the Gazette, the names of the Chairman and the Directors of the Board. The Board shall administrate the Fund vested in it, in such manner as may be provided in the scheme. The Board may, with the previous approval of the Government, delegate to the Chairman or to any Director or to the (thief Executive Officer of the Board or any other officer of the Board, such of its powers and functions under this Act or the scheme, as it may consider necessary for the efficiert administration of the Fund, subject to any restrictigns and conditions, if any, as it may direct. An amount up to seven percentage of the contribution collected by the Board every year or the amount as may be fixed by the Government, from time to time, may be expended towards payment of salary of the Staff of the Board and other approved expenses. Term of office of the 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 at any time, for reasons to be recorded in writing, remove from his office, any Director of the Board and such removal shall be made after giving him a reasonable opportunity of showing cause against proposed removal: Provided that it shall not be necessary to record in writing, the reasons 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 office by giving notice in writing to the Government but, he shall continue in office till the resignation is accepted by the Government. Removal of non-official Directors—(I) The Government may, by notification in the Gazette, remove any non-official Director of the Board from his office for the following reasons:- 28 S if he absents himself, without the permission of the Board from three consecutive meetings of Board: Provided, however, that such absence may be condoned for sufficient reasons by the Board before the publication of the notification in the Gazette; if, in the opinion of the Govenunent, he is ineligible or has become incapable of acting as a Director or has so abused his positipn as a Director as to render his continuance as Director, as such detrimental to 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. A non-official birector 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. A non-official Director of the Board removed under clause (b) of sub-section (1) shall not be eligible for reappointment untjl he is declared by an order of the Government to be no longer ineligible.

Section 4 – The Kerala Shops & Commercial Establishments Workers Welfare Fund Act, 2006 | DailyLaw.ai