SECRETARIAT OF THE KERALA LEGISLATURE

NOTIFICATION

No. 5359/Legn. 1/08/Leg.

Dated, Thiruvananthapuram, 11th November 2008.

The Kerala Tailoring Workers’ Welfare Fund (Amendment) Bill, 2008

together with the Statement of Objects and Reasons, the Financial Memorandum

is published, under Rule 69 of the Rules of Procedure and Conduct of

Business in the Kerala Legislative Assembly.

DR. N. K. JAYAKUMAR,

Secretary,

Legislative Assembly.

Kerala Gazette No. 45 dated 11th November 2008.

PART II

G.. 943/08/G.

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Twelfth Kerala Legislative Assembly

Bill No. 224

[Translation in English of “2008-se tIcf X¿Â sXmgnemfn

t£a\n[n (t`Z-K-Xn) _n ” published under the authority of the Governor.]

THE KERALA TAILORING WORKERS’ WELFARE FUND

(AMENDMENT) BILL, 2008

A

BILL

to amend the Kerala Tailoring Workers’ Welfare Fund Act, 1994.

Preamble.—WHEREAS, it is expedient to amend the Kerala Tailoring

Workers’ Welfare Fund Act, 1994 (16 of 1994) for the purposes hereinafter

appearing ;

BE it enacted in the Fifty-ninth Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called the Kerala

Tailoring Workers’ Welfare Fund (Amendment) Act, 2008.

(2) It shall be deemed to have come into force on the 3rd day of

January, 2008.

2. Amendment of section 7.—In section 7 of the Kerala Tailoring

Workers’ Welfare Fund Act, 1994 (16 of 1994), (hereinafter referred to as

principal Act),-

(a) for sub-section (1) the following sub-section and proviso shall be

substituted, namely:-

“(1) Every tailoring worker and every self employed person shall

pay twenty rupees per month and every emlployer, on the basis of the number

of tailoring workers engaged by him, shall pay five rupees per worker per

month respectively as contribution :

Provided that in the establishments where more than hundred workers

are working, it is sufficient for the employer to pay to the Fund, three rupees

each, per worker exceeding hundred, per month.”;

(b)

in sub-section (2), the words, “rupees fifteen” shall be omitted ;

(c) after sub-section (4), the following proviso shall be inserted,

namely:—

“Provided that where the amount of monthly contribution increases above

ten rupees, the Government have no liability to provide grant to the Fund in

propotion to such increase.”.

3. Repeal and saving.— (1) The Kerala Tailoring Workers’ Welfare Fund

(Amendment) Ordinance, 2008 (23 of 2008) is hereby repealed.

(2) Notwithstanding such repeal, anything done or deemed to have

been done under the principal Act as amended by the said Ordinance shall be

deemed to have been done or taken under the principal Act as amended by this

Act.

STATEMENT OF OBJECTS AND REASONS

The registration of employers become too low and the receipt of

contribution to the Fund is so meager, in these circumstances in order to

achieve the objectives of the collection of more contribution by expenditing the

registration of employers and to enhance the contribution of members in

relation with the increase given in the benefits of the members and to attain

self-sufficiency of the Board, Government have decided to make necessary

amendments in the Kerala Tailoring Workers’ Welfare Fund Act, 1994. Though

the Kerala Tailoring Workers’ Welfare Fund (Amendment) Bill, 2007 had been

published as Bill Number 93 of the Twelfth Kerala Legislative Assembly the

same could not be introduced in the Legislative Assembly.

2. As the Legislative Assembly of the State of Kerala is not in session

and the Government is satisfied that immediate legislation is to be made for

implementing the above said decision, the Governor of Kerala had promulgated

the Kerala Tailoring Workers’ Welfare Fund (Amendment) Ordinance, 2008 (1

of 2008) and the same was published in the Kerala Gazette Extraordinary No.

33 dated 3rd day of January, 2008.

3. Though a Bill to replace Ordinance No.1 of 2008 by an Act of the State

Legislature was published as Bill No.156 of the Twelfth Kerala Legislative

Assembly, the same could not be introduced in, and passed by the Kerala

Legislative Assembly during its session which commenced on the 20th day of

February, 2008 and ended on 19th day of March, 2008. In order to keep alive

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the provisions of the said Ordinance, the Kerala Tailoring Worker’s Welfare

Fund (Amendment) Ordinance, 2008 (5 of 2008) was promulgated by the

Governor on the 1st day of April, 2008 and the same was published in the

Kerala Gazette Extraordinary No. 656 dated 1st day of April, 2008.

4. Though a Bill to replace the Ordinance No.5 of 2008 by an Act of

the State Legislature was published as Bill No. 187 of the Twelfth Kerala

Legislative Assembly, the same could not be introduced in, and passed by the

Kerala Legislative Assembly during its session which commenced on the 23rd

day of June, 2008 and ended on 24th day of July, 2008. In order to keep alive

the provisions of the said Ordinance, the Kerala Tailoring Workers’ Welfare

Fund (Amendment) Ordinance, 2008 (23 of 2008) was promulgated by the

Governor on the 1st day of August, 2008 and the same was published in the

Kerala Gazette Exiraordinary No.1675 dated 2nd day of August, 2008.

5.

This Bill seeks to replace Ordinance No. 23 of 2008 by an Act of

the State Legislature.

FINANCIAL MEMORANDUM

The Bill if enacted and brought in to operation, would not involve any

additional expenditure from the Consolidated Fund of the State.

P. K. GURUDASAN

.