Kerala Gazette No. 9 dated 26th February 2008

PART I

GOVERNMENT OF KERALA

Labour and Rehabilitation (E) Department

NOTIFICATION*

G. O. (P) No. 80/2004/LBR. Dated, Thiruvananthapuram, 10th December, 2004.

The Government of Kerala hereby make the following scheme for the

constitution of a Fund for the welfare of the workers engaged in the automobile

workshops in the State of Kerala and for the self employed persons who have

accepted jobs related to workshops and for matters connected therewith,

namely:—

THE KERALA AUTOMOBILE WORKSHOP WORKERS’

WELFARE FUND SCHEME—2004

CHAPTER–1

Short title extent and commencement.—(1)

This Scheme may be

called the Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004.

(2)

It extends to the whole of the State of Kerala.

(3)

It shall come into force at once.

Definitions.—In this scheme, unless the context otherwise requires,—

(a)

‘Board’ means the Kerala Motor Workers’ Welfare Fund Board

constituted under section 6 of the Kerala Motor Workers’ Welfare Fund Act,

1985;

(b)

‘Chief Executive Officer’ means the Chief Executive Officer

appointed under sub-section (1) of section 7 of the Kerala Motor Workers’

Welfare Fund Act, 1985 and specified in sub-section (b) of section 2;

*English Translation of the Notification No. G.O. (P) 80/2004/LBR dated

10th December, 2004.

G. 390/07 (c)

(c)

‘Contribution’ means the sum of money payable to the welfare

fund under para 6 of the scheme;

(d)

‘District Executive Officer’ means the District Executive Officer or

the Additional District Executive Officer appointed under section 7 of the Kerala

Motor Workers’ Welfare Fund Act, 1985;

(e)

‘Worker’ means and includes the person appointed in the

automobile workshops in Kerala directly or through agents for doing any job

connected with workshop jobs on wage, commission basis or any kind of

remuneration and related to automobile industry for livelihood i.e. mechanic,

driver, cleaner, fitter, electrician, tyremen, turner, battery man, painter, welder,

greeserman, vulcanizer, spray-painter, workshop attender who are related with the

repairing of motor vehicles and maintenance of motor vehicles and its parts and

carpenters related to body building, black smiths, helpers, office staff, self-

employed persons mentioned in para 2(m) and those workers included from time

to time by the Government through Notification, but worker coming under the

definition in the Kerala Motor Workers Welfare Fund Act, 1985 is not included;

(f)

‘Employer’ means a person who is having ownership of

automobile workshop or connected establishment specified in para 2(g) or person

who or is having possession or management or license of an establishment;

(g)

‘Employment establishment’ means automobile workshop service

station, body building workshop of vehicles, tube vulcanizing shop or

automobile workshops or for doing any work related to it, appoints one or more

workers directly or not by any person, or a company, a firm, an association of

persons, Co-operative society registered or deemed to be registered under the

Co-operative Society Act, 1969, charitable society and any establishment included

by the Government through Gazette notification, from time to time, but does not

include the establishments under the control of the Government of Kerala or

Central Government;

(h)

‘Fund’ means the ‘Kerala Automobile Workshop Workers’ Welfare

Fund’ constituted under this scheme;

(i)

‘Licensee’ mean a person who has obtained ‘licence’ from a

competent authority for the management of establishment as referred to in

para 2 (g);

(j)

‘Member’ means person registered as a member in the Fund under

the provisions of this scheme;

(k)

‘Possessor’ means person having any kind of authority over an

establishment as referred in para 2 (g) under an agreement, or on rent or on the

basis of a contract;

(l)

‘Proprietor’ means owner of an establishment referred to in

para 2 (g) or person having complete control in the management of the

establishment;

(m)

‘Self employed person’ means, a person other than a worker in the

automobile workshop or any establishment related to this as referred in

para 2 (g) and a person who accepts jobs related to automobile industry for

livelihood;

(n)

‘Family’ means, in respect of a member, wife, husband, minor

children, unmarried daughters and parents who depend upon the member;

(o)

‘Scheme’ means, the Kerala Automobile Workshop Worker’s

Welfare Fund Scheme;

(p)

‘State’ means the State of Kerala;

(q)

‘Year’ means financial year for financial matters and calender year

for the period of membership;

(r)

If any dispute or doubt arises in respect of the meaning or

interpretation of words or expressions used, in this scheme, but not defind the

same shall be referred to the Government or an officer authorised by the

Government, whose decision thereon shall be final.

CHAPTER–2

Administration of the Fund.—The appropriation and administration of

the Fund of the Kerala Automobile Workshop Worker’s Welfare Fund Scheme

shall be vested with the Kerala Motor Worker’s Welfare Fund Board constituted

under section 6 of the Kerala Motor Worker’s Welfare Fund

Act, 1985.

Governing body.—The Governing body of the scheme, shall consists of

the following members,—

(a)

two members nominated by the Government representing the

employers;

(b)

two members nominated by the Government representing the

workers;

(c)

two members nominated by the Government representing the self

employed persons;

(d)

a member of the Motor Workers Welfare Fund Board representing

the Finance Department of the Government of Kerala;

(e)

the Chairman and the Chief Executive Officer of the Kerala Motor

Workers Welfare Fund Board shall be the Chairman and Secretary (Chief

Executive Officer) of the Governing body of the Kerala Automobile Workshop

Worker’s Fund Scheme.

(f)

the term of the committee shall be three years.

Appointment of officers and staff.—(a)

The Chief Executive Officer and

staff appointed under section 7 of the Kerala Motor Workers’ Welfare Fund Act,

1985 shall be the Chief Executive Officer and staff of the Kerala Automobile

Workshop Workers Welfare Fund Scheme.

(b)

Prior permission of the Government shall be obtained, if more posts

have to be created for the implementation of this scheme.

Contribution to the Fund.—(a)

Contribution to the fund by the

workers registered as members in the Scheme shall be Rs. 20 per month.

(b)

The contribution of the employer for each worker, registering as a

member of the scheme shall be Rs. 10 per month.

(c)

The contribution of the self employed person to the Fund,

registering as member of the scheme shall be Rs. 30 per month.

(d)

An amount equal to 10% of the total contribution received to the

Fund for one year, from the members registering in the scheme except those who

are self employed shall be given as grant to the Fund by the State Government.

(e)

The Government grant shall be given only on production of the

audited accounts.

(f)

The Government shall not undertake any other liabilities.

CHAPTER–3

Qualifications for getting membership in the scheme.—(a)

A worker

defined in para 2 (e) of the scheme, who in between the age of 20 and 54 years

and self employed person defined in para 2 (m) are eligible to be registered as

member.

(b)

Those who are in between the age of 20 years and 54 years shall

submit application for registration as member within one year from the date of

commencement of this scheme. Those who are above the age of 35 years shall

not be eligible to become member after one year. In the case of persons who

are in between the age group of 20 and 35 and not submitted the application,

within one year, the delay in submitting the application shall be explained and

the Governing body may take a suitable decision on the same.

8A.

Procedure to register as member.—(1)

Those workers and self

employed persons who desires and are eligible to become members of this

scheme shall submit the application in Form No. 1 (2 copies) before the District

Executive Officer or Additional District Executive Officer in the District they are

working. Along with the application, two recently taken passport size photos,

certificate of employment attested by either of the employer, Secretary/President

of the employers Association, Member of Legislative Assembly/Member of

Parliament of the place, Secretary of the Local Self Government Institution or a

Gazetted Officer and Rs. 25 as registration fee shall also be given along with the

application.

(2)

Under sub para (1), the worker and the self employed person shall

give the duly filled, signed nomination in ‘Part B’ along with the application in

Form 1. But, a worker on getting married shall file a new nomination since the

existing nomination stands lapsed to suo motu. Nobody other than wife or

children shall be newly nominated if they are alive.

(3)

In order to prove the age, true copy of the school certificate,

certificate issued by the Registrar of Birth and Death or true copy of the identity

card issued by Election Commission shall be produced along with the

application as a basic document.

(4)

Immediately on receipt of the application, the concerned District

Executive Officer/Additional District Executive Officer shall, scrutinise the

applications and after ascertaining the matters specified in the application shall

pass orders either approving or rejecting the same and communicate the order in

Form No. 2 or Form No. 3 to the applicant and the employer within 15 days.

Registration of Employment Establishment.—(1)

The owner of an

establishment and the self employee as defined in sub-para (g) of para 2 shall

file an application for registration in Form No. 4 along with the registration fee of

Rs. 100 to the concerned District Executive Officer/Additonal District Executive

Officer.

(2)

Immediately on receipt of the application the concerned District

Executive Officer/the Additional District Executive Officer shall scrutinise the

application and ascertain the matters mentioned in the application and issue

certificate in Form No. 5 as an evidence of Registration of the establishment.

The employer shall keep the said certificate in his establishment.

(3)

Registration Certificate shall have the validity till 31st day of

December of that year and shall be renewed each year. In order to renew as

such a sum of Rs. 25 along with the existing certificate shall be submitted to the

concerned District/Additional District Executive Officer before the 31st day of

January and shall obtain the renewed certificate.

(4)

If the above certificate in Form 5 has been lost or destroyed,

duplicate certificate shall be sanctioned and issued on submitting separate

application after remitting Rs. 25 to the concerned officer.

Identity Card.—(1) District Executive Officer/Additional District

Executive Officer shall issue photo affixed Identity Card in Form No. 6 to the

worker who got membership. If the Identity Card is lost, on submission of

separate application with two passport size photos to the concerned officer

duplicate card shall be issued after realizing Rs. 25 as penalty.

(2)

Cancellation of membership.—If it is found that anybody has

obtained membership by furnishing false information, the Chief Executive Officer

or the officer authorised by him shall have power to cancel such membership at

any time. But, in this case the membership shall only be cancelled only if the

person concerned is given a reasonable opportunity to explain his part.

(3)

Transfer of membership.—After obtaining membership if the residence

is shifted permanently from one district to another district his membership can be

trasnsferred to other Districts accordingly. Separate application is necessary for

the purpose. The details of the members transferred to other Districts and

admitted in shall be kept in a separate register in the Concerned District Offices.

(4)

The District/Additional District Executive Officer shall give one code

number to each employer and a register “containing details regarding the

employers shall be written and kept in Form-7 as Employers Register”. Keeping

the details regarding the workers working under the control of each employer, in

the above register shall be helpful to ascertain the amount to be remitted by the

employer to the fund.

(5)

One copy of the application submitted in Form 1 and one copy in

Form 3 or Form 2 as described under sub-para (3) of para 8A, shall be

forwarded to Chief Executive Officer by the concerned District Executive Officer/

Additional District Executive Officer within 30 days.

Procedures regarding the remittance of contribution.—(a)

As per the

provisions contained in sub-para A (3) of para 8, on receipt of an order in

Form 2, within 15 days, the employer shall remit to the fund, the contribution

payable both by himself in the capacity as an employer and the contribution

payable by the workers working under his control.

(b)

The Contribution as mentioned above shall be remitted before the

10th day of every month consecutively.

A member can remit the contribution for 6 months in advance.

(c)

Employers share not to be deducted.—No employer shall by reason

only of his liability for the payment of any contribution to the fund, deduct

whether directly or indirectly the wages or other benefits of any worker to

whom the scheme applies.

(d)

Contribution to be remitted for the member.—The amount of

contribution payable by a member and the amount of a member’s contribution

paid by the employer in advance shall, notwithstanding any kind of contract, be

recoverable by deduction from the wages of the worker.

10.

Default in payment of contribution.—(a)

If the employer commits

default in payment of contribution for each month, he shall be liable to pay the

amount with 12% penal interest.

(b)

If the employer does not remit the contrtibution in any financial year

within one month after the end of that financial year, the same amount shall be

recovered with 12% interest as compound interest in the same manner as arrears

of public revenue due on land.

(c)

District Executive Officer/Additional District Executive Officer after

ascertraining and satisfying the amount of contribution remitted by the employer,

shall, submit an application to recover the arrear amount with interest due from

the employer through Revenue Recovery proceedings to the concerned District

Collector with required certificate.

(d)

With regard to the self employed persons, if default is committed in

the payment of contribution consecutively for six months, his membership will

lose suo moto.

But, if the Chief Executive Officer is satisfied that there was

sufficient grounds for such default, on payment of the defaulted amount with 8%

interest the membership will be revived. In the circumstance that the

membership cannot be continued on reasonable grounds, the remitted amount

alone shall be refunded.

CHAPTER–4

11A.

Administration of the fund, accounts and audit.—(1)

The amount

received as contribution from the employers, workers and those who are self

employed persons,

the amount received as Government share the Registration

fees etc. shall be credited in the name of Fund Account.

(2)

Interest, interest on deposits, loan, any other kind of income etc.

shall be deposited as ‘Suspense Account’.

(3)

An amount not exceeding 15% of the total contribution collected in

a year or the contribution expected to be collected shall be separately set apart

and payment shall be made on the basis of actual expenditure incurred by the

Kerala Motor Workers’ Welfare Fund Board towards administrative expense.

(4)

The expenses required for the administration of the Fund, travelling

allowances of the Board Directors, travelling allowances of the Officers, other

allowances and benefits and expenses for other legal requirements of the Board,

expenses for audit of accounts etc. shall be met from the administrative expenses

of the Fund.

(5)

No expenses shall be met from the fund for any of the functions

that are not proposed in the Scheme without the prior sanction of the Govern-

ment.

(6)

The Chief Executive Officer or any other officer authorised by him

shall be the Administrator of the fund and shall act as per the directions of the

Governing body.

(7)

Audit of accounts of the Fund shall be made in accordance with

the directions of the Board subject to the approval of the Government.

(8)

The Chief Executive Officer or any other officer authorised by him

shall submit the classified brief descriptions of the assets along with annual

report to the Government on the 15th day of March of every year or on any

other dates to be fixed by the Government.

B. Deposit of the Fund.—All amount of the Fund shall be deposited in any

Nationalised Bank, Government security or National Savings Certificate, with the

approval of the Government.

CHAPTER–5

12.

Retirement Benefits.—(1)

A member who has remitted the contribu-

tion towards the Scheme without any break and completed forty years or has

completed 60 years of age shall be deemed to have retired from the Scheme and

shall be eligible for the retirement benefit amounting to the actual deposits made

by him and the employer on his behalf together with 5 % interest thereon, as

mentioned in Annexure—I.

(2)

After getting membership in the scheme, if a member dies before

completing the age of 60 years or is unable to work due to permanent

disability, he shall be eligible for financial assistance upto Rs. 5,000 in addition

to the benefits stated in Annexure—1, in proportionate to the length of service

of the member in the scheme and on the basis of the certificate issued by a

doctor not below the rank of a Civil Surgeon in the Government

Service.

Provided that, if the genuineness of the above certificate is not

satisfied, the Chief Executive Officer shall have the power to refer for the opinion

of the Medical Board.

(3)

In case of the death of member either the nominee of the member

or other legal heirs, and in case of occuring of disability the worker shall apply

to the concerned District Executive Officer/Additional District Executive Officer

along with the necessary records, after conducting necessary enquiry on the

above application the District Executive Officer/Additional District Executive

Officer shall forward the application to the Chief Executive Officer together with

detailed and specific report.

The power to sanctioned or reject the application

shall be vested the Chief Executive Officer and the same shall be communicated

to the applicant in Annexure 2-3.

Accordingly when the amount is sanctioned

the amount equal to 10% of the retirement benefit stated in Annexure—1 Shall

be deducted as service charge from those workers who have a service of 2 years

or less.

G. 390/07 (c).

If there is objection against the order of the Chief Executive Officer

under sub para (3) appeal may be preferred before the Board along with specific

records, within 60 days after receipt of the order.

If the Board is satisfied that

there is sufficient reason for submitting the appeal the delay in filling the appeal,

may be condoned by the Board.

But in no case, the Board shall have power

to consider the appeals submitted after 6 months.

13.

(1)

Other Welfare Fund Benefits.—In addition to the benefits stated

in the above para the workers shall be entitled for, medical benefits, educational

assistance for the children, financial assistance for the marriage of daughters,

financial assistance for the purchase of housing plot or for the construction of

house subject to the availability of funds from time to time in accordance with

the decision of the Board and also subject to the approval of the Government.

(2)

Settlement of the benefits.—At the time of payment of benefit to

the member, the Governing body shall have the power to settle finally the con-

tributions, remitted by the employer on behalf of a member after the member has

completed the age of 60 years and the contribution remitted in excess or less,

etc. on behalf of a member subject to the decision of the Governing body at the

time of the payment of benefit to the member.

14.

Mode of payment of the amount.—(1)

All benefits as per the Scheme

shall be made only through cheque.

(2)

If a minor claims any amount from the Scheme as benefit, the said

amount may be received by his father, or mother, or grand father or grand mother

on production of relationship and guardianship certificate from the Tahsildar

having jurisdiction over the area where the said minor resides.

But if none of

the persons mentioned above are guardian of the minor, the benefit amount shall

be deposited in the name of Chief Executive Officer in a Nationalised Bank as

fixed deposit, till the minor attains the age of 18, and the amount shall be given,

with prior notice.

(3)

The Government shall have the power to give any kind of explanation

in matters related to this scheme and the decision of the Government thereon

shall be final.

By order of the Governor,

C. MOHANAN,

Additional secretary to Government.

FORM NO. 1

THE KERALA AUTOMOBILE WORKSHOP WORKERS’ WELFARE FUND

SCHEME, 2004

[See Para 8 A]

PART–A

1. Name of Applicant

2. Surname

3. Date of Birth

4. Address

5. Name of Father

6. Marital status (Married/Unmarried)

7. Nature of work (worker/self-employed

person)

8. Name and address of the Establishment :

9. Name and address of employer and

nature of ownership

10. If the employer is not the licensee of

the establishment the name and address

of the licensee.

11. Total length of service related to the

work in automobile workshop

12. Details of fee remitted

All facts stated above are true to the best of my knowledge and belief.

Date:

Signature of Applicant.

PART–B

I hereby nominate the person/persons named below as heir/heirs to receive

the amount due to me from the fund and to receive all the claims in the fund on

my death.

NOMINATION FORM

Signature of the Worker:

Name:

Certified that the above details furnished by Sri..................................................

.....................................................worker employed in my establishment is correct.

I will promptly pay the employer’s contribution for each worker at the

rate of (Rs. 10 per month), to a worker as specified in para 6 of the Scheme.

I hereby agree that, on failure, the amount with interest is to be recovered

from me or from the establishment run by me as specified in para 10 of the

Scheme.

Signature of the Employer/Person

Authorised by the Employer.

Date:

Designation

Name and Address of the Establishment.

PART–C

(to be filled in by the District Executive Officer)

Application is accepted/rejected.

Identity Card Number.

Date:

Office Seal

Signature of the District

Executive Officer.

Name and address

of nominees

Relationship

with the member

Age and date

of birth

Amount to be

paid to each

nominee (Percentage)

FORM NO. 2

[See Para 8 A (4)]

The Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004

PROCEEDINGS OF THE DISTRICT EXECUTIVE OFFICER

Present:

Sub.—Order giving membership in the Kerala Automobile Workshop

Workers’ Welfare Fund Scheme, 2004.

Ref.—Application of Shri.................................................................dated.................

Order No............................................................Date..........................................

On the preliminary enquiry conducted on your application referred to

above, you are found eligible for the membership in the above Scheme.

Hence

you are admitted as a member of the Kerala Automobile Workshop Workers’

Welfare Fund Scheme, 2004 as per this Order.

Your membership number is

K.A.W.

This number should be shown in all future

correspondence.

District Executive Officer.

Sri..............................................................

...................................................................

For the information of the employer:

The Welfare Fund contribution at the rate of Rs. 10 per month for each

worker shall be paid from the month of ......................................................for the

worker/workers in the establishment.................................................................which is

under your ownership and control through the District Executive Officer/

Additional District Executive Officer.

If the above amount become arrears it

shall be recovered through revenue recovery at the rate of 12% per year with

penal interest.

District Executive Officer.

Shri..............................................................

...................................................................

Copy:

FORM NO. 3

[See Para 8A (4)]

The Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004

PROCEEDINGS OF THE DISTRICT EXECUTIVE OFFICER

No.

NOTICE

On verification of the application submitted by you on...............................date,

for membership in the Kerala Automobile Workshop Workers’ Welfare Fund

Scheme, your application appears to be not eligible for consideration due to the

following reasons.

Reasons

District Executive Officer.

Sri/Smt...............................................................

...........................................................................

FORM NO. 4

[See Para 8B (1)]

The Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004

APPLICATION FORM TO BE GIVEN BY THE EMPLOYER

FOR REGISTRATION

Name and address of the Establishment :

Name and address of the Employer/ :

Self employed person

Name, Address, Age, Salary, up-to-date :

service of the workers eligible for

registration shall be entered in the

Schedule given below

Serial No.

Name and address

Age

Salary

Service

Other details

Details of application fee remitted:

Signature of the Employer.

Place :

Date :

FORM NO. 5

[See Para 8B (2)]

The Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004

CERTIFICATE OF REGISTRATION

As per para 8B of the Kerala Automobile Workshop Workers’ Welfare Fund

Scheme, 2004, the ....................................................................................Establishment

under your ownership/licenced by you/under your possession ...................................

.................................................... is hereby registered in this year

........................................(Calendar Year).

Signature and seal of the

Registering Authority.

Particulars regarding the renewal of Certificate

Date

Year

Fee remitted

Signature and

No. and date of

seal of

receipt

registering

authority

FORM NO. 6

[See Para 8C (1)]

Kerala Automobile Workshop Workers’ Welfare Fund Scheme, 2004

IDENTITY CARD

Name

Permanent address

District

Taluk

Registration number of the:

Establishment of the worker

and the address of the owner

Thumb impression or

Signature of the worker

District Executive Officer.

Photo

G. 390/07 (c).

APPENDIX I

Kerala Automobile Workers’ Welfare Fund Scheme, 2004

RETIREMENT BENEFITS

(Monthly subscription @ Rupees 30 per month plus interest @ 5% per annum)

Completed

Subscription

Contribution

Amount payable to

year of

of members

by the employer

the beneficiaries as

service

retirement benefit

(1)

(2)

(3)

(4)

240

120

360

240

120

738

240

120

1135

240

120

1552

240

120

1989

240

120

2449

240

120

2931

240

120

3438

240

120

3970

240

120

4528

240

120

5114

240

120

5730

240

120

6377

240

120

7056

240

120

7768

240

120

8517

240

120

9303

240

120

10128

240

120

10994

240

120

11904

240

120

12859

240

120

13862

240

120

14915

240

120

16021

240

120

17182

240

120

18401

240

120

19681

240

120

21025

240

120

22436

240

120

23918

240

120

25474

240

120

27108

240

120

28823

240

120

30624

240

120

32515

240

120

34501

240

120

36586

240

120

38775

240

120

41074

240

120

43488

N.B.—If the employer and employee make default in payment of contribution, the

said employee shall not be eligible for the amount specified in the above

schedule on his retirement. Such worker is eligible only for the amount

remitted in the scheme for him with 5% interest thereon.

(1)

(2)

(3)

(4)