Kerala act 021 of 1985 : The Kerala Motor Transport Workers' Welfare Fund Act, 1985 (Act 21 of 1985)

135

THE

KERALA

MOTOR TRANSPORT WORKERS'

WELFARE FUND

ACT,

1985

(Act ^21of

1985)

CONTENTS

Preamble Sectwns

1.

Short

title,

extent and commencement.

2.

Definitions.

3.

Motor

Transport

Workers'

Welfare Fund.

4.

Contributions to the

Fund.

5. Modification of scheme.

6. Constitution of Board.

7.

Appointment

of

Officers.

8. Determination of amount due from

employers.

9.

Provisional assessment

of contribution.

10. Mode of

recovery of moneys due

from

employees.

11. Protection

against

attachment.

12.

Priority

of

payment

of contributions over other

debts.

13.

Employer ^notto reduce wages

etc.

14.

Directors

of

Board

etc.,

to be

public

servants.

15.

Penalties.

16.

Enhanced

punishment

for

default

in

payment

of

employees' contributions

already

deducted. )7. Enhanced

punishment

for second

or

subsequent

offence.

18.

Offences

by companies.

19. Directions

by

Government.

20. Power to order

inquiry.

.

136

THE KERALA MOTOR

TRANSPORT WORKERS

WELFARE FUND

ACT,

1985' (Act ^21of

1985)

An Act to

provide for

the constitution

of

a Fund to

promote

the welfare of

motor

transport

workers ^inthe

State ^of

Kerala. Preamble.——WHEREAS it is

expedient

to

provide ^{for the} constitution ^ofa.Fundto

promote

the

welfare^ofmotor

transport workers in the State of

Kerala; BE it enacted in

the

Thirty-sixth

Year of

the

Republic

of India as follows:—

1. Short

title,

extent^and

mmencement—(l)

This Act may ^be called

the

Kerala Motor

Transport

Workers' Welfare Fund

Act,

1985.

(2) ^Itextends ^tothe

whole ^ofthe

State ^of

Kerala.

(3) ^It

shall^bedeemed^{tohavecomeinto}force^{on the 27th} day ^of

June,

1985.

2.

Definitions.—In

this

Act,

unless^thecontext

otherwise requires,— (a)

"Board" means^theKerala Motor

Transport

Workers' Welfare ^FundBoard

constituted under

section

6:

(b)

"Chief

Executive Oflicer" means^theChief Executive Officer

appointed

under sub-section

(1) ^ofsection

7; (c)"contribution

"

means a contribution

payable

in

respect of a member under the

scheme;

((1)

"employee"

means ^a

person^whois

employed ^forwagesⁱⁿ a motor

transport undertaking directly ^or

through

an

agency

to work in a

professmnal capaclty

on a

transport

vehicle or to attend to

duties

in connection with the

arrival, departure, loading

or unload- ing ^ofsuch

transport

vehicle ^and

includes ^a

driver,

conductor, cleaner,

station

staff, ^line

checking

staff,

booking

clerk, ^cash

clerk, depot clerk, ^time

keeper,

watchman^orattendant. (e)

"employer"

means,ⁱⁿrelation^to

any

motor

transport undertaking, ^theperson^{who, orthe}

authority

which, ^{has the}

ultimate control ^overtheaffairs ^{of the}motor

transport undertaking, ^and '

Received the assent of the

President on the 12th

day

of

August,

1985

and

Published^intheKarate.

Gazette,

Extraordinary

No. 681

dated 16th August

1985.

1'37 where ^thesaid

affairs ^are

entrusted to

any other

person, whether called ^a

manager, managing

director,

managing

agent

or

by

any other name, such other person; (f)

"Fund" means^theKerala Motor

Transport

Workers' Welfare ^Fund

established under the

scheme; (g)

"member" means ^amember ^{oftheFund and}

ineludes any person eligible ^tobecome^a

member of the

Fund; (h)

"motor

transport

undertaking"

means ^a

motor

transport undertaking engaged ⁱⁿ

carrying passengers ^or

goods ^orboth

by road for hire ^or

reward and

includes ^a

private

carrier; (i)

"prescribed"

means

prescribed by

rules^madeunder^this Act;

(j)

"scheme" means ^the

scheme framed under^{this Act;} (k)

"wages"

means^allemoluments

which ^are

earned

by ^an employee

while ^{on duty or on}leave^withwages ⁱⁿaccordance^with the terms^of

the contract of

employment

and which are

paid ^or payable ^{incashto him, but does not}include—

(i) ^thecash

value ^ofany^food

concession; (ii)

overtime

allowance,

bonus ^and

commission;

(1) ^allother words^and

expressions ^{usedbut not}

defined ⁱⁿ this ^Actand defined ⁱⁿ

the

Motor

Vehicles

Act,

1939

(Central

Act 4 of

1939),

shall have the

meanings

respectively

assigned

to them

in that ^Act.

3. Motor

Transport

Workers'

Welfare

Fund.—(

1) ^The Government may, by

notification ^{in the}

Gazette,

frame a scheme to be called the

Kerala

Motor

Transport

Workers'

Welfare

Fund Scheme for

the establishment of^aFund under

this ^Actfor

employees and there shall

be

established, ^as

soon ^as

may be after the

framing of the

scheme,

a Fund in accordance with

the

provisions

of this Act ^andthescheme.

(2) ^TheFundshall^vest

in, ^andbe

administered

by, ^theBoard.

.

(3)

Subject

to the

provisions

of this

Act,

the scheme may pro- 'v1de ^forallor

any^ofthe

matters

spec1fied ^{1n the}Schedule.

4. Contnbutions ^tothe

Fund—(1)

The contribution which shall ^be

paid by

the

employer ^to

the Fund shall ^be

eight per ^centof the wages^for

the ^time

being payable ^toeachof

the

employees

and employees'

contribution

shall^be

equal ^tothecontribution

payable by ^the

employer ⁱⁿ

respect ^{of him:}

25I686IMC

138

Provided

that

nothing

in this sub-section

shall

apply

to a motor transport undertaking ^towhich ^the

provisions ^ofthe

Employees' Provident Funds

and

Miscellaneous Provisions

Act,

1952

(Central Act 19 of

1952),

apply.

(2) ^The

employer

shall, ⁱⁿ

addition ^{to the}

contribution payable

under sub-section ^(1),

contribute ^{to the Fundas}

gratuity an

amount

equal

to five per

cent of

the wages for the time

being payable ^{toeachof the}

employees:

Provided that

nothing

in this sub-section shall

apply

to a motor transport undertaking ^towhich ^the

provisions ^ofthe

Payment ^of Gratuity ^{Act, 1972}

(Central ^{Act 39 of}

1972),

apply.

(3)

Where^theamount^ofany contribution

payable

under this Act

involves a

fraction

of a

rupee, such fraction shall be rounded off to the nearest

rupee, half ^ofa

rupee

or

quarter

of a

rupee.

5.

Modificatwn of

Schema—(1)

The Government may, by notification in the

Gazette,

add

to,

amend or

vary the

scheme 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 ^itisin

session

for^atotal

period ^offourteen

days

which may be

comprised

in^one

session ^orintwo successive

sessions,

and

if, before ^the

expiry ^ofthe

session ⁱⁿwhich^{itisso laid or the}

session immediately

following, ^the

Legislative

Assembly

makes^anymodi- fication ⁱⁿ

the notification ^or

decides that the notification

should ^not be

issued, ^thenotification shall thereafter^haveefiect

only ^insuch modified ^formorbeofno

effect, ^asthecase

may be;

so however that any such modification or annulment shall be without

prejudice to the

validity

of

anything previously

done under that notification.

6. Constitution

of

Board—(1)

The

Government may, by notification in the

Gazette,

constitute with effect from such date as

may be

specified

in such notification a Board to

be

called the Kerala Motor

Transport

Workers' Welfare Fund Board for the administration ^{of the Fund andto}

supervise ^or

carry ^outtheactivities financed from

the

Fund. ^.

(2) ^TheBoard shall^.bea

body

corporate

by ^thename aforesaid,

having perpetual

succession^{and a}common ^sealandshall by ^{thesaidnamesueandbe}sued.

(3) ^TheBoard shall consist ^ofsuchnumber ^ofDirectors^as may be

appointed

by

the Government and

they

shall be chosen in such manner ^as

may^be

provided

forⁱⁿthe scheme:

139

Provided that the

Board

shall include an

equal

number^of Directors

representing

the

Government,

the

employers

and the employees. ^{, \}

(4) ^{One of the}Directors ^{of the}

Board shall^be

appointed

by the

Government to be

its

Chairman.

(5) ^The

Government shall

publish ^thenames^{of all the} Directors of the Board

in the Gazette.

(6) ^TheBoard shall

administer^{theFundin such}manner ^as may be

specified

in the scheme.

(7) ^TheBoard

may,^withthe

previous approval ^{of the}Govern~ ment,

delegate ^toIts

Chairman^{orto the}Chief

Executive Officer^or to

any officer

appointed

under sub-section

(1)

of section 7 such of its powers ^and

functions

under this ^{Actor the}scheme^asitmay consider necessary ^forthe efficient administration

of the

Fund,

subject ^to such restrictions and

conditions, ^if

any,

as it

may

spec1fy:

Provided ^thatno

delegation

shall^bemade

under this sub-section unless ^all

the members

present support

such

delegation.

140

vested in a

civil court while

trying

a

suit under the Code of Civil

1

Procedure, ¹⁹⁰⁸

(Central ^{Act 5of}

1908), ⁱⁿ

respect ^ofthe

following matters,

namely:— (a)

enforcing ^theattendance^of

any

lesson^and

examining him on

oath; '

(b)

requiring ^the

discovery ^and

production ^of

documents; (c)

receiving

eVidence^on

aflidaVit; (d)

issuing

commissions^forthe

examination^ofwitnesses.

(3)

Any

inquiry

under ^this

section shall^bedeemed ^tobea JudlClal proceeding

within ^themeaning^ofsections^{193and228 of} the Indian Penal Code

(Central

Act 45 of

1860)

and for

the purposes of

section

196

of that code.

(4) ^Noorder

determining ^the

amount ^{due from}any

employer shall be made under sub-section

(1)

unless the

employer ^hasbeen given ^a

reasonable

opportunity ^of

being

heard.

(5)

Any

person

aggrieved by ^an

order under

sub-section

(1)

may, Within

sixty

days

from the date of

receipt

of

the

order,

prefer an

appeal

to the

Government ^or

any other

authority ^as

may be speCified by ^theGovernment ^{in this}

behalf^andthedecision ^ofthe Government ^orof

such

authority ^on

such

appeal

shall be final.

9. Provisional assessment

of

contribution—(1)

Every employer shall,

pending

determination under section^{8 ofthe}amount ^due from

him, pay every month

by way of advance contribution an amount

equivalent

to

one-twelfth

of the amount

payable

annually in

respect

of

his

motor

transport

undertaking, according

to the latest determination under the

said section or, if^theamount due from him has not been

previously

determined under the

said

section, an amount

equivalent

to one-twelfth of the amount

which,

according to

the

assessment of the

employer

is

payable

by

him

annually

in respect ^ofhismotor

transport undertaking.

(2) ^The

advance contribution^foramonth

shall

become payable ^onorbefore ^{the 5th day ofthe}

succeeding

month.^,

(3)

Where ^theadvance contribution ^isnot

paid ^{on or}

before the due

date, any officer

appomted

under sub-section

(1)

of sec- tion 7

authorised

by

the Chief Executive Officer

in this behalf

shall issue ^a

notice to^thedefaulter

showing ^theamount^ofarrears,^and if the amount is

not

paid

within seven

days

of

the

receipt

of such notice, ^itmay^be

recovered^{in thesame}

manner ^as

arrears^of

public revenue

due ^onland.

.

I

'34

14-1

(4) ^Theamount

paid

under this section for ^an

year shall ^be adjusted against ^theamount

determined

under

section^8forthat year.

10. Mode

of recovery of moneys

due

from employera—Any amount due from

the

employer

in

pursuance of the

prowsions

of this. ^{Act or the}

scheme,

other^thananamount

payable

under^sub- section

(1)

of section

9, may, if the

amount is

in arrear, he recovered together ^With

interest thereon^{attherateof nine}per^cent

per annum in

the same manner as an

arrear of

public

revenue due on land.

11.

Protection

agamst

attachment—(1)

The amount

standing to

the credit of any member in the Fund shall not in

any way be capable ^of

being assigned ^or

charged ^and

shall^notbeliable^to attachment under any decree

or

order of any

court in

respect

of any debt or

liability

incurred

by

the

member.

and no receiver

appointed under the

Insolvency

Act,

1955

(II

of

1956),

shall be entitled to or have any claim on

any such amount.

(2)

Any

amount

standing ^to-thecredit^ofamember ^inthe Fund at the time

of his death and

payable

to his nominee under the scheme

shall,

subject

to

any deduction

authorised

by

the scheme, ^vestinthenominee^andshall^befreefromany^debtor other

liability

incurred

by

the deceased or the nominee before the death ^{of the}member.

12.

Priority

of

payment of

contributions over-other

debts.— Where any employer

is

adjudicated

insolvent ^or

the

employer

is

a company and^anorder

for

winding up of such

company is

made,

the amount

due from

the

employer

under

this Act

or

the scheme

shall, where the

liability

therefore has accrued

before

the order for

adjudi— cation or

winding

up is

made, ^be

deemed to be included among the debts

which under section ^64ofthe

Insolvency

Act, ¹⁹⁵⁵

(II ^of 1956), ^orunder section^530ofthe

Companies

Act, ¹⁹⁵⁶

(Central Act ^1of

1956), ^areto

be

paid

in

priority

to all other debts in the distribution of the

property

of

the insolvent ^or

the assets of

the company being

wound up, ^asthecase

may be.

13.

Employer ^nottoreduce wages eta-No

employer

shall

by reason

only

of

his

liability

for the

payment

of any contribution to the

Fund reduce

whether

directly ^or

indirectly,

the wages of any employee ^towhomthe

scheme

applies ^{or the}total

quantum ^of benefits ^towhich the

employee ^is

entitled

under ^theterms^ofhis employment

express ^or

implied.

14. Directors

of

Board

etc.,

to

be

public servants—Every Director ^ofthe

Board,

the Chief Executive Officer and every officer appointed

under sub-section ^{(i) of}section⁷shall^bedeemed^tobea public

servant within^the

meaning ^ofsection^{21of the}Indian Penal Code

(Central ^Act45of

1860).

142

15.

Penalties—(1)

Whoever, ^forthe

purpose ^of

avoiding

any payment ^{tobe made}

by ^himunder^{this Actor}

under ^the scheme or of

enabling any other person

to

avoid any

payment

to be made

under

this Act or the

scheme,

knowingly

makes ^orcauses^to be made any false statement ^or

false

representation,

shall

be

puni-' shable with

imprisonment ^fora term. which may extend to^six months, ^{orwith fine}which may extend^toonethousand rupees, or

with

both.

(2)

Whoever contravenes^or

makes

defaultⁱⁿ

complying ^with any ^ofthe

provisions ^{ofthisActorofthe}

scheme

shall, ^ifnoother penalty ^iselsewhere

provided

by ^orunder ^{this Act forsuch}contra- vention or

non-compliance, ^be

punishable ^with

imprisonment

for a term which may extend to three

months,

or with fine which may extend to

five

hundred rupees,

or

with both.

(8) ^Nocourt inferior^tothatof8.

Judicial

Magistrate ^ofthe First Class shall

try

any offence

punishable

under this^Act.

(4) ^Nocourt shall^take

cognisance ^ofany offence

punishable under

this

Act

except ^ona

report

in

writing

of

the

facts

constituting such offence made with

the

previous

sanction of the Chief Executive Oflicer. I

16.

Enhanced

punishment

for default ⁱⁿ

payment of employees' contributions

already

deducted.—(1)'

Whoever makes

default ^inthe payment ^ofthe

employees'

share ^ofthecontribution^{to the Fund} after having

deducted^itfromthewages^ofthe

employees ⁱⁿ accordance ^withthe

provisions ^ofthisAct ^{or the}

scheme,

shall ^be punishable ^With

imprisonment ^foratermwhich^mayextend ^{to one} year, but which shall not be

less

than

three

months,

and with

fine which

may

extend to four thousand

rupees:

Provided ^thatthe

court

may,^forany adequate

and

special reasons to he mentioned in the

judgment, impose ^a

sentence of imprisonment ^{fora.termoflessthan}three months.

(2

Notwithstanding anything

contained ⁱⁿ

the Code ^of Cn'mir. :1

Procedure, ¹⁹⁷³

(Central ^Act2of

1974),

an offence

under sub-section

(1)

shall^be

cognizable.

17. Enhanced

punishment for

second or

subsequent 01727106.— Whoever,

having ^beenconvicted

by ^acourt^ofanoffence

punishable under

this

Act,

again

commits the same

ofience

shall be

punishable for every such

subsequent

offence with

imprisonment

for a term which may extend to ^one

year, but which

shall^notbeless

than

three months, ^{andwith line}

which

may

extend^tofourthousand rupees:

J

14-3 Provided that the

court

may, ^for

any adequate

and

special reasons ^tobementioned ^{in the}

judgment,

impose ^a

sentence^of imprisonment ^{foratermof less than}three

months.

18.

Offences by

companies.—(1)

Where

an

offence

under^this Act

has

been

committed

by

a

company, every person

who at the

time the

offence

was

committed was

in

chargelof,

and was

responsible to, ^thecompany^forthe

conduct ^{of the}business ^{of the}

company ^as well as the

company, shall

be

deemed to be

guilty

of

the

offence ^and shall

be

liable to be

proceeded against

and

punished

accordingly:

Provxded that

nothing

contained ⁱⁿ

this

sub-section shall render any such person liable^to

any punishment,

if

he proves ^thatthe offence was committed

without his

knowledge ^or

that ^he

had exercised ^alldue

diligence

to

prevent ^thecommission of such offence.

(2)

Notwithstanding anything

contained ⁱⁿsub-section

(1),

where any offence under

this ^Acthasbeen

committed

by ^a

company and it

is

proved

that the offence has been committed with the

consent or connivance

of,

or

is attributable

to, any neglect

on

the

part

of any director, manager,

secretary ^or

other

officer of

the company, such

director, manager, secretary

or other

officer shall

be deemed

to be

guilty

of

that

offence and

shall be liable to

be

proceeded against and

punished

accordingly. Explamtion.—For ^thepurposes^ofthis

section,— (a)

"company"

means

any body corporate ^and

includes^a firm or other association of

individuals;

and (b)

"director" ⁱⁿ

relation^{to afirm}means^a

partner ^{in the} firm.

19. Directions

by

Government—(1) ^TheGovernment may, after consultation with

the

Board, give

to the Board

general

instructions to be followed

by

the

Board.

(2) ^Inthe

exercise ^{of' its}powers^and

performance ^ofits 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. ^. '20. Power to order

inquiry—(1) ^The

Government may,

at any time,

appoint

any

person ^to

inquire ^{into the}

working ^oftheBoard and to submit ^a

report ^to

the Government.

(2) ^The

Board shall

give ^theperson ^so

appointed ^all

facilities for the proper

conduct of the

inquiry

and

furnish to him such documents,

accounts ^andinformation^{in the}

possession ^{of the}Board as he may require.

144

21.

Power to

supersede

the

Board—(1)

If,

on consideration of the

report

under

section 20 or

otherWise,

the Government are of

opi- nion 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 Governmcnt may, by

notification^inthe

Gazette,

supersede ^theBoard^forsuch

period not

exceeding

SIX

months

as

may be

specified

in the notification:

Provided

that,

before

issuing

a notification under this sub—sec- tion, ^theGovernment shall

give ^areasonable

opportunity ^totheBoard 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 ^ofanotification

under^sub- section

(1),—

(a) ^allthe

Directors ^{of the}Board

shall, ^{asfromthedateof} such

publication,

vacate their

offices

as such

Directors;

(b) ^allthepowers^and

duties,

which may^beexercised^or performed by ^theBoard

shall,

during ^the

period ^of

supersession, be exercised or

performed by

such officer ^or

officers as

may^be specified ^inthe

notification;

(c) ^allfunds^andother

properties

vested ^{in the}Board

shall, during ^the

period ^of

supersossion, ^{vestin the}

Government.

(3) ^0nthe

expiration ^ofthe

period ^ofsuperscssion^the Government shall reconstitute the

Boardⁱⁿ

the manner

provided in section 6.

22. Protection

of

action taken in

good

faith—No

suit or other legal proceeding

shall^lie

against any

Director^{of the}

Board^orthe Chief

Executive

Officer ^or

any other personⁱⁿ

respect ^of

anything which. is in

good

faith done

or

intended

to be done under

this

Ac)"; or

any rule made thereunder or under the scheme.

23. ^Bar

of

jurisdictwn

of ^cimlcourts—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 ^or

the scheme required ^tobe

settled,

decided^ordealt^withortobedetermined

by the Government ^orthe Board ^or

the Chief Executive Officer ^or

any other officer

appointed

under sub-section

(i)

of

section 7.

24.

Special

provisions for transfer

and

posting of welfare fund mfabltshed

by

custom ^or

agreement—A11

welfare funds established either

by

custom ^or

agreement

before the date ^of

commencement of

this Act

and

standing

to the credit of

the

employees

on such

date M—

m

L_

_

_4

'4

145

shall,

notwithstanding

anything ^tothe

contrary

contained ^inany law

for the time

being

in force or in any deed or other instrument, stand transferred

to, ^andvest in^theFundestablished

under^sec- tion 3 and shall

be credited to the accounts^ofthe

employees

entitled thereto ⁱⁿthe Fund.

25. Power ^to

make

rules—(1) ^TheGovernment may, by notification in

the

Gazette,

make

rules

for

the purpose of

cariying into effect

the

:provisions

of

this

Act.

(2)

Every ^rulemadeunder ^thisAct

shall^be

laid, ^assoonas 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

com- prised ^inone

session^orintwosuccessive

sessions, ^{and if,}

before ^the expiry ^{of the}session ⁱⁿ

which ^{it issolaidorthe}

session

immediately following, ^the

Legislative Assembly

makes^anymodification ^{in the} rule or

decides that the rule

should

not be

made,

the

rule shall thereafter have

effect

only ^insuch

modified ^formor 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 prevxously ^done

under ^thatrule.

26.

Repeal

and

Saving—(1)

The Kerala

Motor

Transport Workfrs' Welfare Fund

Ordinance,

1985

(38

of

1985),

is

hereby repea ed.

(2)

Notwithstanding ^such

repeal, anything ^{done or}

any action taken under the

said Ordinance

shall be

deemed

to have been done or

taken under

this

Act.

SCHEDULE

[See/

section^{3 (3)]} Matters ^for

which

provision'may

be made ^inthe

scheme-

1.

The

time and manner in which contributions

shall be made

tc the Fund

by

employers

and

by,

or on

behalf

of

employees (whether

employed directly, ^or

through ^an

agency), ^thc contributions which an

employee may make

under section ⁴ and the manner in which such contributions may^be recovered.

'

2.

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

9°

10.

11.

12.

Via.

14.

15.

16.

17.

18.

146

The constitution

of'any

committee for

assisting

the Board. The manner in which account shall be

kept,

the investment of money

belonging

to the

Fund in accordance with any directions issued or

conditions

specified by

the

Government, the

preparation

of

the

budget.

the audit of accounts and the submission^of

reports ^to

the

Government. 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 deduction or forfeiture. The fixation

by ^the

Government in consultation with the Board of the ^rate

of

interest

payable

to members. The ^forminwhich^an

employee

shall furnish

particulars about

himself and his

family

whenever

required. The nomination of a

person

to receive

the

amount

standing to the

credit

of a

member after his death and the cancellation or variation of such

nomination. The

registers

and records

to be

maintained with

respect to

employees

and the returns to be furnished

by

the employers ^or

agencies. The form or

design

of any identity

card,

token or disc for the purpose of

identifying any employee,

and for

issue, custody ^and

replacement

thereof. The ^feesto be levied for any of the

purposes specified

in this schedule. The conditions

under

which

a

member may be

permitted

to pay premia ^onlife

insurance from the

Fund. The further powers, if any, which may be

exercised

by

the oflicers

appointed

under this Act. The mannerⁱⁿwhich the

Directors

of the

Board shall he chosen and

appointed. '

The manner in which any welfare

fund vested under section ²⁴is to be

brought

and

credited to the accounts of the

employees

entitled thereto

in

the Fund. The ^rate

of

gratuity payable

to

members and

the conditions for such

payment. The conditions under which any amount due to the Board may be

written off. Any

other matter which^istobe

provided ^{for in the}scheme^or which may be

necessary

or

proper

for the

purpose of implementing ^the

scheme. ,__.

12