An Act, to amend the Toddy Workers' Welfare Fund Act , 1969.
Preamble.— Whereas it is expedi ent to amend the Toddy Workers' Welfare Fund Act, 1969, for the purposes hereinafter appearing;
Be it enacted in the Twenty-ninth Year of the Republic of India as follows: —
1. Short title and commencement.— (1) This Act may be called the Toddy Workers' Welfare Fund (Amendment) Act, 1978.
(2) It 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.
2. Amendment of Section 1.— In section I of the Toddy Workers' Welfare Fund Act, 1969 (22 of 1969) (hereinafter referred to as the principal Act), in subsection (1), for the words “Toddy Workers' Welfare Fund Act”, the words “Kerala Toddy Workers' Welfare Fund Act” shall be substituted.
3. Amendment of section 2.— In section 2 of the principal Act,—
(i) in clause (a), for the words “Toddy Workers' Welfare Fund Board”, the words “Kerala Toddy Workers Welfare Fund Board” shall be substituted;
(ii) in clause (b), for the words “a scheme”, the words “the scheme” shall be substituted;
(iii) in clause (c), for the words “distribution or sale” , the words “distribution, storage or sale” shall be substituted;
(iv) in clause (d), for the words “transport or sale” , in both the places where they occur, the words “Transport, storage or sale” shall be substituted;
(v) .for clause (c), the following clause shall be substituted, namely:—
“(e) “fund” means the Kerala Toddy Workers' Welfare Fund established under the scheme:”;
(vi) for clause (g), the following clauses shall be substituted, namely:—
“(g) “member” means a member of the fund and includes any person eligible to become a member of the fund;
(gg) “prescribed” means prescribed by rules made under this Act;”;
(vii) in clause (i), for the words “a scheme”, the words “the scheme” shall be substituted.
4. Amendment of section3 .—In section 3 of the principal Act, in subsection (1), for the words “Toddy Workers' Welfare Fund Scheme”, the words “Kerala Toddy Workers' Welfare Fund Scheme” shall be substituted.
5.Amendment of section5 .—In section 5 of the principal Act, in subsection (1), the words “either prospectively or retrospectively” shall be inserted at the end.
6. Amendment of section 6 .—In section 6 of the principal Act.—
(a) in sub-section (1), for the words “Toddy Workers' Welfare Fund Board”, the words “Kerala Toddy Workers' Welfare Fund Board” shall be substituted;
(b) after sub-section (6), the following sub-section shall be inserted, namely:—
“(7) The Board may, with the previous approval of the Government, delegate to its Chairman or to the Chief Welfare Fund Inspector or to any Welfare Fund Inspector 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:
Provided that no delegation shall be made under this sub-section unless all the members present support such delegation.”.
7 . Insertion of new section 8A .—After section 8 of the principal Act, the following section shall inserted, namely:—
“8A. Provisional assessment of contribution .—(1) Every employer shall, pending determination under section 8 of the amount due from him, pay every month by way advance contribution an amount equivalent to one-twelth of the amount payable annually in respect of his shop according to the latest determination under the said section.
(2) The advance contribution for a month shall become payable on or before the 5 th day of the succeeding month.
(3) Where the advance contribution is not paid on or before the due date the Welfare Fund Inspector shall issue a notice to the defaulter showing the amount of arrears, and if the amount is not paid within seven days of the receipt of such notice, it may be recovered in the same manner as arrears of land revenue.
(4) The amount paid under this section for an year shall be adjusted against the amount determined under section 8 for that year.”.
8 . Amendment of section 9 .—In section 9 of the principal Act, after the words “be recovered”, the words “together with interest thereon at the rate of nine per cent per annum” shall be inserted.
9. Amendment of section 14 .—In section 14 of the principal Act, —
(a) in sub-section (1), for the words “three months” and “five hundred rupees”, the words “six months” and “one thousand rupees” shall respectively be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:—
“(2A) No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.”;
(c) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) No court shall take cognisance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made with the previous sanction of the Chief Welfare Fund Inspector.”.
10.Insertion of new sections 14A and 14B .—After section 14 of the principal Act, the following sections shall be inserted, namely:—
“14A. Enhanced punishment for default in payment of employees' contributions already deducted .—(1) Whoever makes default in the payment of the employees' share of contribution to the fund after having deducted it from the wages of the employees, in accordance with the provisions of this Act or the scheme, shall be punishable with imprisonment for a term which may extend to one year but which shall not be less than three months and with fine which may extend to four thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence under sub-section (1) shall be cognizable.
14B. Enhanced punishment for second or subsequent offence .—Whoever, having been convicted by a court of an offence punishable under this Act, commits the same offence again shall be punishable for every such subsequent offence with imprisonment for a term which may extend to one year but which shall not be less than three months and with fine which may extend to four thousand rupees.”.
11. Insertion of new sections 15A, 15B and 15C .—After section 15 of the principal Act, the following sections shall be inserted, namely:—
“15A. Directions by Government .—The Government may, after consultation with the Board, shall not depart from any general instructions to be followed by the Board.
(2) In the exercise of its powers and performance of its duties under this Act, the Board shall not depart from any general instructions issued under sub-section (1), except with the previous permission of the Government.
15B. 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 or information in possession of the Board as he may require.
15C. Power to supersede the Board.— (1) If, on consideration of the report under section 15B 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 subsection, 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 subsection (1),—
(a) all the members of the Board shall, as from the date of such publication, vacate their offices as such members;
(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 re-constitute the Board in the manner provided in section 6.”.
12. Omission of section 16.—Section 16 of the Principal Act shall be omitted.
13. Insertion of new section 17A .—After section 17 of the Principal Act, the following section shall be inserted, namely:
“17A 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 required to be settled, decided or dealt with or to be determined by the Government or the Board or the Chief Welfare Fund Inspector or any Welfare Fund Inspector.”.
14.Insertion of new section 19 .—After section 18 of the principal Act, the following section shall be inserted, namely:—
“19. Power to make rules.— (1) The Government may, by notification in the Gazette, make rules 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 session or in two successive sessions, and if, before the expiry of the sessions 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.”.
15.Amendment of Schedule.— In the Schedule to the Principal Act,—
(a) after item 2, the following item shall be inserted, namely:—
“2A. The payment by the employer of such sum of money as may be necessary to meet the cost of administering the fund and the rate at which and the manner in which such payment shall be made”.;
(b) in item 3, for the words “Toddy Workers' Welfare Fund Board”, the word “Board” shall be substituted;
(c) after item 16, the following items shall be inserted, namely:—
“16A. The rate of gratuity payable to members and the conditions for such payment.
16B. The conditions under which any amount due to the Board may be written off.”.
