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State of Kerala - Act

THE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008

KERALA
India

THE KERALA SMALL PLANTATION WORKERS' WELFARE FUND ACT, 2008

Act 17 of 2008

Published in Kerala Gazette on 24 July 2008
Commenced on 24 July 2008
[This is the version of this document as it was from 24 July 2008 to 13 November 2021.]

An Act to provide for the constitution of a Fund for promoting the welfare of, and to pa pension to, the workers in small plantations in the State of Kerala and for certain other matters connected therewith.

WHEREAS, it is expedient to provide for the constitution of a Fund forpromoting the welfare of, and to pay pension to, the workers in small plantations in theState of Kerala and for certain other matters connected therewith.BE it enacted in the Fifty-ninth Year of the Republic of India as follows:-

1. Short title, extent and commencement.- (1) This Act may be called the Kerala

Small Plantation Workers' Welfare Fund Act, 2008.

(2)It extends to the whole of the State of Kerala.

(3)It shall come into force at once.

2. Definitions. - In this Act, unless the context otherwise requires.-

(a)"Board" means the Kerala Small Plantation Workers' Welfare Fund

Board constituted under section 6;

(b)"Chief Executive Officer" means the Chief Executive Officer

appointed under sub-section (1) of section 9;

(c)"contribution" means the sum of money payable to the Fund in

accordance with the provisions of section 5;

(d)"employer" in relation to a plantation, means the person who has the

ultimate control over the affairs of the plantation, and where the affairs of any plantationare entrusted to any other person (whether known as a managing agent or manager orsuperintendent or by any other name) such other person shall be deemed as the employerin relation to that plantation;

(e)"family" means wife or husband, minor sons and unmarried daughters

of a plantation worker and includes his father, mother and mentally retarded or physicallyhandicapped or widowed children who are solely dependant upon him;

(f)"Fund" means the small Plantation Worker's Welfare Fund established

under section 3;

(g)"member" means a member of the Fund;

(h)"plantation" means any land used or intended to be used for

cultivating one or more than that of rubber, tea, coffee, cardamom, coco, oil palm orcashew;

(i)"prescribed" means prescribed by rules made under this Act;

(j)"Schedule" means the Schedule to this Act;

(k)"Scheme" means a Scheme framed under sub section (1) of section 3;

(l)"small plantation" means a plantation having an extent less than five

hectares and where one or more small plantation workers are employed, but shall notinclude a plantation as defined in the Plantations Labour Act, 1951 (Central Act 69 of 1951);

(m)"small plantation worker" means a person engaged for doing any

work in a small plantation for not less than ninety days in the preceding twelve monthsfor wages or reward, whether directly or through any contractor or agent, of the owner orcompany or family or Trust or Society and includes any self-employed person working inhis own small plantation having an extent not more than half hectare.Explanation. - For the purpose of this Act, if any question arises as to whether aperson is a small plantation worker or not that question shall be referred to the Board, orto an officer authorised by the Board in this behalf, and the decision of the Board/ histhereon shall be final;

(n)"year" means the financial year.

3. Small Plantation Workers' Welfare Fund Scheme.- (1) The Government shall,

by notification in the Gazette, frame a Scheme to be called "the Kerala Small PlantationWorkers' Welfare Fund Scheme" and there after as soon as may constitute a Fund inaccordance with the provisions of this Act and the Scheme.

(2)The Fund shall vest in the Board and be administered by the Board.

(3)Subject to the provisions of this Act, the Scheme may provide for all orany of the matters specified in the Schedule.

(4)The following shall be credited to the Fund, namely:-

(a)the contributions specified under section 5;

(b)the amount borrowed by the Board under section 10;

(c)damages realised under section 19;

(d)grants, loans or advances given by the Government of India, the State

Government, any local authority institution or any institution;

(e)any donation from any other manner in accordance with law;

(f)any amount raised by the Board from other sources to augment the

resources of the Board;

(g)any fee levied under the Scheme;

(h)any other amount to be credited to the Fund under the provisions of

the Scheme.

(5)Fund may be utilised for all or any of the following purposes, namely:-

(a)for payment of pension to a member who is unable to work due to

infirmity or has completed the age of sixty years;

(b)for payment of family pension;

(c)for payment of financial assistance to a member who is suffering from

permanent disability;

(d)for payment of loans or grants to a member to meet expenses in

connection with the marriage of daughters or for expenses in connection with the death ofmember or dependant or for expenses for construction or maintenance of his house;

(e)for providing maternity benefits to women workers employed in

plantations;

(f)for providing facilities for treatment and education to the member and

his family members;

(g)to provide for loan if a member is not having his own land or

residential house, to purchase such land or land with building for him/her.

(h)to provide for the necessities in relation to the education of the

Children of Plantation workers.

(i)for any other purpose stated in the Schedule and Scheme.

(6)The Government may, by notification in the Gazette, add, amend or modifyanything to the Scheme either prospectively or retrospectively.

(7)The Scheme framed under sub-section (1) or the notification under sub-section (6) shall be laid, as soon as may be, after it is issued, before the LegislativeAssembly while it is in session for a total period of fourteen days, which may becomprised in one session or in two successive sessions, and if, before the expiry of thesession in which it is so laid or the session immediately following, the LegislativeAssembly makes any amendment in the Scheme or notification, or decides that theScheme or notification should not be issued, the Scheme or notification shall thereafterhave effect only in such amended form or be of no effect, as the case may be; howeverthat any such amendment or annulment shall be without prejudice to the validity ofanything previously done under the Scheme or the notification, as the case may be.

4. Saving of certain rights and privileges.-- On the date of commencement of this

Act, any privileges, which have been provided by the employer to the worker shall notbe denied or reduced by the reason of payment of contribution.

5. Contribution to the Fund.--(1) Every plantation worker shall contribute for

every half year one hundred and twenty rupees each to the Fund.

(2)Every employer shall contribute to the Fund every half year an amountof one hundred and twenty rupees equal to the contribution of the worker to the Fund.

(3)Every self-employed member shall contribute for every half-year twohundred and forty rupees each to the Welfare Fund.

(4)The Government shall contribute to the Fund at the rate of sixty rupeesfor half year for each worker/each self-employed person.

(5)The contribution shall be paid to the Chief Executive Officer or to anyofficer authorised by the Board in this behalf.

6. Constitution of the Board.- (1) The Government may, by notification in the

Gazette, constitute with effect from such date as may be specified therein, a Board byname "the Kerala Small Plantation Workers' Welfare Fund Board" for the administrationof the Fund, to supervise and exercise the functions including the payment of financialassistance from the Fund.

(2)The Board shall be a body corporate by name aforesaid, havingperpetual succession and a common seal and shall, in the said name, sue and be sued.

(3)The Board shall consist of fifteen Directors as may be nominated by theGovernment as hereinafter provided, namely:-

(i)five members representing the plantation workers;

(ii)five members representing the employers;

(iii)five members representing the Government.

(4)The Government may appoint one of the Directors of the Board to bethe Chairperson.

(5)The Government shall publish in the Gazette, the names of theChairperson and the Directors of the Board.

(6)The Board shall administer the Fund vested in it, in such manner asspecified in the Scheme.

(7)The Board may, with the previous approval of the Government,delegate the powers and functions under this Act or the Scheme as it may considernecessary for the efficient administration of the Fund to the Chief Executive Officer,subject to such condition and restrictions as may be specified.

7. Term of office of the Directors.-(1) A Director nominated under sub-section

(3)of section 6 shall hold office for a period of three years from the date of suchnomination:Provided that a Director may continue as Director till the appointment of hissuccessor.

(2)Notwithstanding anything contained in section 8, the Governmentmay, at any time for the reasons to be recorded in writing, remove any Director of theBoard from his office, after giving him a reasonable opportunity of showing cause againstthe proposed removal:Provided that if the Government are of the opinion that it is notexpedient in the public interest to record the reasons in writing or to give an opportunity,it shall not be necessary to record in writing the reasons for removal or to give anopportunity of showing cause against the proposed removal.

(3)Any Director may resign his office, by giving notice in writing to theGovernment, but shall continue in office until the resignation is accepted by theGovernment.

(4)A casual vacancy of the Director may be filled up by the Governmentand the Director so appointed shall hold office for the unexpired term of office of theDirector in whose vacancy he is appointed.

8. Removal of non-official Directors.- (1) The Government may, by notification

in the Gazette, remove any non-official Director of the Board from the said position onthe following reasons.-(a)If he absents himself for three consecutive meetings, without the permissionof the Board:Provided that such absence may be condoned by the Board for sufficient reasonsbefore the publication of the notification in the Gazette;(b)If the Government are of the opinion that he is ineligible to function asDirector or has become incapable or the continuance of such Director by abusing hisposition is detrimental to the public interest:Provided that before removing a Director under this sub-section, he shall begiven 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 re nomination as a Director of the Board for a periodof 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 re-nomination until he is declared by an order of theGovernment to be no longer ineligible.

9. Appointment of officers and staff.- (1) The Government may appoint a Chief

Executive Officer and such number of other officers and employees as may considernecessary for carrying out the functions of the Board under this Act.

(2)The conditions of appointment, service and the scales of pay of theofficers and employees referred to in sub-section (1) shall be such, as may be prescribed.

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 bespecified by the Government, borrow the required amount for carrying out the purposesof this Act.

11. Determination of the amount due.- (1) The Chief Executive Officer or any

other officer appointed under sub-section (1) of section 9 authorised by him in this behalfmay, after making such enquiry as he may consider necessary, from employer orplantation worker under the provisions of this Act and the Scheme made thereunder toascertain the contribution to be received from the employer or the plantation worker asper the provision of this Act or the scheme made thereunder.

(2)The Officer conducting the enquiry under sub-section (1) shall, for thepurposes of such enquiry, have the same powers as are vested in a civil court while tryinga suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of thefollowing matters, namely:-

(a)enforce the attendance of any person and examine him on oath;

(b)require the discovery and production of documents;

(c)receive evidence on affidavits;

(d)issue commission for the examination of witnesses.

(3)Any enquiry under this section shall be deemed to be a judicialproceeding within the meaning of sections 193 and 228 of the Indian Penal Code (CentralAct 45 of 1860) and for the purpose of section 196 of the said Code.

(4)No order determining the amount under sub-section (1) shall be madeunless the persons involved have been given a reasonable opportunity of being heard.

(5)Any person aggrieved by an order under sub-section (1) may withinsixty days from the date of receipt of the order, prefer an appeal to the Government or toany other authority as may be specified by the Government in this behalf and the decisionof the Government or of such authority on such appeal shall be final.

12. Provisional assessment and collection of contribution. - Every employer liable

to pay contribution under section 5 shall, pending determination of the amount due fromhim under section 11, pay on every three months by way of an advance contribution anamount equal to one fourth of the amount payable annually by him according to the latestassessment under the said section, in the time and manner as specified in the Scheme.

(a)If the advance contribution of the employer is not paid on or before the due

date, the officer authorised under section 11 or the Chief Executive Officer shall issue anotice to the defaulter showing the amount of arrears, and, if the amount is not paidwithin fifteen days of the receipt of such notice, it may be recovered in the mannerprovided in section 13 of this Act.

(b)Where the contribution of the worker is not paid within a period of six

months from the due date, the officer authorised under section 11 or the Chief ExecutiveOfficer shall issue a notice to the defaulter to clear of the dues and even after the date ofreceipt of such notice and fails to remit the amount due his membership shall standcancelled.

(c)An application for resumption of membership of whose membership

cancelled as per clause (b) of the above shall be entertained by the officer authorisedunder section 11 or the Chief Executive Officer, if the applicant adduces sufficient causefor not remitting the contribution before the due dates and also expresses his consent inwriting for remittance of the entire dues as on the date of application together with nineper cent interest thereon. An application under clause (c) shall not be entertained, if it isnot preferred within three years from the date of cancellation of the membership.

(d)A plantation worker, not preferring an application for resumption of

membership within three years of cancellation of his membership, is eligible to get backseventy five per cent of the contribution at his credit.

13. Mode of recovery of money due from the employer.-- Any amount due from

the employer in pursuance of the provisions of this Act or the Scheme may, if the amountis in arrears, be recovered together with interest thereon at the rate of nine per cent in thesame manner as arrears of public revenue due on land.

14. Priority of payment of contribution over other debts.-- Where any employer,

liable to pay contribution under section 5, is an adjudged insolvent or in case suchemployer is a company and an order for winding up of such company is made, theamount due from such employer under this Act or the Scheme shall, where the liabilitytherefore has accrued before the order of adjudication or winding up is made, as the casemay be, deemed to be included among the debts under section 64 of the Insolvency Act,

1955. (Central Act 2 of 1956) or under section 530 of the Companies Act, 1956 (Central

Act 1 of 1956) which are to be paid in priority to all other debts, in the distribution of theproperties or assets of the insolvent, or the properties or assets of the company beingwound up, as the case may be.

15. Employer not to reduce wages etc.-- No employer shall, by reason only of his

liability for the payment of any contribution to the Fund, reduce, whether directly orindirectly, the wage of any plantation worker to whom the Scheme applies or the totalquantum of benefits to which the plantation worker is entitled under the terms of hisemployment express or implied.

16. Directors of Board etc. to be public servants.- Each Director of the Board, the

Chief Executive Officer and other officers and members of the staff of the Boardappointed under sub-section (1) of section 9 shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

17. Penalty. -- (1) A person, who for the purpose of avoiding any payment to be

made by him under this Act or under the Scheme or of enabling any other person to avoidsuch payment, knowingly makes or causes to be made any false statement or falserepresentation, shall be punishable with imprisonment for a term which may extend tothree months or with fine which may extend to two thousand and five hundred rupees, orwith both.

(2)Any person who, contravenes or makes default in complying with any of theprovisions of this Act or the Scheme shall, if no other penalty is elsewhere provided by orunder this Act for such contravention or non-compliance, be punishable withimprisonment for a term which may extend to five months or with fine which may extendto five thousand rupees, or with both.

(3)No court inferior to that of a Judicial Magistrate of the First Class shall tryany offence punishable under this Act.

(4)No court shall take cognizance of any offence punishable under this Actexcept on a report in writing of the facts constituting such offence made with the previoussanction 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, when the offence wascommitted, was in charge of, and was responsible, to the company for the conduct of thebusiness of the company, and the company shall be deemed to be guilty of the offenceand shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such personliable to any punishment contained in this Act, if he proves that the offence wascommitted without his knowledge or that he had exercised all due diligence to prevent thecommission of such offence.

(2)Notwithstanding anything contained in sub-section (1), where any offenceunder this Act has been committed by a company and it is proved that the offence hasbeen committed with the consent or connivance of, or is attributable to any negligence onthe part of, any Director, Manager, Secretary or any other officer shall be deemed to beguilty of that offence and shall be liable to be prosecuted against and punishedaccordingly.Explanation.- For the purpose of this section, "Company" means any bodycorporate and includes a firm or other association of individual and "Officer of theCompany" means the Managing Director, Director, Secretary, Treasurer or Manger of theCompany.

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 thedefaulted amount with nine per cent interest.

20. Protection of action taken in good faith.- No suit or other legal proceedings

shall lie against the Government or any Director of the Board or any officer or otherperson in respect of anything which is in good faith done or intended to be done underthis Act or any rule made thereunder or under the Scheme.

21. Directions of the Government.- (i) 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 its powers and performance of its duties under this Act, theBoard shall not deviate from any general directions issued under sub-section (1), exceptwith the previous permission of the Government.

22. Power to order inquiry.-(1) The Government may, at any time, appoint an

officer not below the rank of a Joint Secretary to Government to inquire into the workingof the Board and to submit a report to the Government.

(2)The Board shall give the person so appointed, all facilities for the properconduct of the enquiry and to furnish him such documents, accounts and information inthe 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 is unable toperform, or has persistently made default in the performance of the duties imposed on itby or under the provisions of this Act or the Scheme or has exceeded or abused itspowers, the Government may, by notification in the Gazette, supersede the Board forsuch period not exceeding six months, as may be specified in the notification:Provided that before issuing a notification under this sub-section, the Governmentshall give a reasonable opportunity to the Board to show cause why it should not besuperseded and shall consider the explanations and objections, if any of the Board.

(2)On the publication of a notification under sub-section (1).-

(a)all the Directors of the Board shall, from the date of such publication, be

deemed to have vacated 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 orofficers, as may be specified in the notification;

(c)all funds and other properties vested in the Board shall during the period of

supersession, be vested with the Government.

(3)On the expiration of the period of supersession specified in the notificationissued under sub-section (1), the Government shall reconstitute the Board in the mannerprovided under section 6.

24. Audit of accounts of the Board.--(1) The Board shall appoint auditors to audit

the accounts of the Board.

(2)The accounts of the Board shall be verified and audited once in every yearby 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 theBoard, a copy of the report together with an audited statement of accounts shall besubmitted to Government before the end of July every year.

(2)The Government shall, as soon as the annual report is received, together withthe audited statement of accounts, be laid on the table of the Legislative Assembly.

26. Bar of jurisdiction of Civil Court.-- No civil court shall have jurisdiction to

settle, decide or deal with any question or to determine any matter which is by or underthis Act or the Scheme required to be settled, decided or dealt with or to be determined,by the Government or the Board or the Chief Executive Officer or any officer authorisedby the Board.

27. Special provisions for transfer of accumulation from welfare funds

established by any other law or agreement.-- All sums standing to the credit of a memberin any welfare fund established either by any law or by agreement shall stand transferredto and credited to the Fund established under this Act and the liability of such member topay contribution to such welfare funds shall cease from such date as may be specified bythe Government in this behalf.

28. Power to remove difficulties.-- (1) Where any difficulty arises in giving

effect to the provisions of this Act, the Government may, by order published in theGazette, make such provisions not inconsistent with the provisions of the Act whichappear to them necessary for the purpose of removing the difficulty:Provided that no such order shall be made after the expiry of two years from thecommencement of this Act.

(2)Every order made under this section, shall, as soon as, may be, after it ismade, be laid before the Legislative Assembly.

29. Power to make rules.-- (1) The Government may, by notification in the

Gazette, make rules, either prospectively or retrospectively, for the purpose of carryinginto effect the provisions of this Act.

(2)Every rule made under this Act shall be laid, as soon as may be after it ismade, before the Legislative Assembly while it is in session for a total period of fourteendays which may be comprised in one session or in two successive sessions, and if, beforethe expiry of the session in which it is so laid or the session immediately following, theLegislative Assembly, makes any amendment in the rule or decides that the rule shouldnot be made, the rule shall, thereafter have effect only in such amended form or be of noeffect, as the case may be; so, however, that any such amendment or annulment shall bewithout prejudice to the validity of anything previously done under that rule.

Schedule

(See section 3(3))MATTERS FOR WHICH PROVISIONS MAY BE MADE IN THE SCHEME

1. Registration of plantation workers and employers.

2. The time and manner in which contribution shall be made to the

Fund by or on behalf of the workers and employers under section 5 and the manner inwhich contribution may be recovered.

3. The manner in which the contribution of small plantation workers'

may be recovered from different sectors.

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 conditionsspecified by the Government, the preparation of the Budget, the audit of accounts and thesubmissions of reports to the Government.

6. The conditions under which withdrawals from the Fund may be

permitted and any deduction or forfeiture may be made and the maximum amount of such

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