Kerala act 010 of 2007 : The Kerala Handloom Workers Welfare Cess Act 2007

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- GovEn}mfEwrOFKERArA •j:. •'

• i_; , . I La,w (LegmlstlonC) Department NOFJcAfON .

13th April 2007,

No 2971 /1$g CV S O5,w Dc', Tinni; anon!) • 23rd Chaitlira, 1929. In pursu3flC 01 ca'ise (3) of Article 348 of ilteConstilutiOlt of India, the Go crnor is pleased to authorise the pohlicatkn in the Gazette of (he fol!o'xing arisl:tiofl in the EIgh5.h language cf Urn Ker;jhi liandloom \VorkcTs' Welfare ( e ,, Act. 2007 (ID of 2001). -

By order of the Governor,

GEORGE JAMES,

Special Scc/vtmy (Law):

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[Translation in Englishf the "2007-6 aa0@

6o1,@1 aajj rn-ur

published under the auffloefty of the Governor] - ACTIOOF2007

THE KaA LA ftANDLOOM WOREp'

NVELFARk CSS AC[ 2007

p -.. • In Act -o P0; ide for the kit and collection of c'ss on the sale proceeds of .:ik or Iati/e prodMets Wi t h a LIugmdntzng the resogtrct'v K tEa flatu/loon; Wo, -h-p' IPelfare Euro' 8 card Cans! i/u/cd 11tH/cr i/an d/oom U'jrken' lie/fare Fund .4c,- 1989. it ig expedient to provide for the levy and colkenon of cc.> on :hc sale proceeds of s -am, textile or textile products with a view to augmer;j.- the resources of the Kerata Hazidloorn Workers 'Velcire Fund [3ard conspn:::d under :h Kerala Handiootn Wbrkers' \Vclfre Fund Act, 1989. in ilw FLv-eighth year of Republic of Endia as - fojlos-s:_

1 '- r: t::!c ;:n.1 cQn:nvncernenj( I) Kcr]j ThiE Act may be called the !f..:..tm Vcrkers' Ccss Act, 2007.

U shaH come iao for;e on such date

: Government ;cty, v fl IC Gazette. mpeint. i 2 ') "..t!ouv --Ic this .\ct unicss the con ise quic —

-:scssn O:i:er' means an Officer apci:ued by the GO\vnnflL-n[ under

b) floarij rlcZljls the Kerala llandjoem Workers \~

lfare Fund Board' coflszi;urrJ under SCeijon 6 of the Kerala Handloom \Vokcrs' Wcltj; -c hind Act, 1989; . I, (c) 'dealer means any pers6u'h0 carres oz thd business of manufacturing, Selling, Processing, '1fpurching o.atoiing for saic of yarn, textile or textile products and in1udaL.

cq-i ':: .49/j3,.-. ' - • (i) a commission , called) who •, cames on

the business of manfactunflg,epj0ç55g 'f i purchisingbr storing of yarn , tcl;Je or textile ptOducLs wi thin the Stai. ; o

n f Kenila the

azi4klls or lransfc • (in same fotrn or form) processed to oujjJ frdm the S&tè o Keraia' . fl 4 t

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fl -- -. ^U -- : (ii) a non-resident dialer, or an agent of non-resident dealer local'braüch office of a firm'orJtdmpany or association di persons whethet, incorporated or bt situated outside'{he' State of Kerala; means, Kerala Flandloom Workers' Welfare Fund-

estabhshed undetsection S of 'the Kerala Randloom W6rkrs 1 Welfare Fud' Acti$9 (2 of 1989);

'Government'.means the Govemmeril of Kerala;

'prescribed' means prcscribd by rulec made under this Aft -, 'salt proceeds' means the value of buying and selling of yarn, textile or textile products in the State of Kerhi, for sale or to process othetwise;

- (h) 'textile' means an cloth-woven in nandloom or powerloom (including textile mills) or any other looms out of conon yam, polyester yarn, silk yarn or any other yarn (blended or oher\vis2), but dues not include khadi prducts;

'textile products' mems any garment ci other articles manufacwred by using cloth as basic colnpc'ncni.

'yarn' means c2V ''nm, polyester flbr, silk yarn or any other blended Fibre v.hich can )-e

(2) Words and cxpres,cns UscJ hrein UL,: iot ddiaed and dcfiatd in the 1(erab Handloorn Workers' We!iarc lund^,A :t, 9 s', hiU have th meanings respectively assigned to theta in that :ct.

3, Liv and collccüon of tess. -(l) There sh1ll he levied and collected a

'cess for the purpose of the Kcata }lzutdlcom '.Vorkcrs' Welfare Fund Act, 1989 at a rate of quarter per cent of the total sale proceeds of a dealer

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ose sal di

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Jeff that%o cesishall be levie under sub-sectiop(1) 4from a dealer -, -. . - V.,,]

proceeds for,a. year is less than Five !akhs''upces,jC' - ' -:

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,'• -. thflmnd suchtme thaajHea Ufl rs8éthün (1) shall beln ?dditidn ioaiiy^- pi '.C9'r' ' ' I ' "•'fl '

,x,yjlë'on yaqt, texti1',drtixtile products undd ply; othet law being4i thee.

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The pibceCds of cess collected under sub-scëtion (2) sh2 .e credited initially to the Consolidated Fund of the State of Kerala, in the im..nier as may be prescribed. . . .

The aount of ces• collected shall be paid to the Fiihd of the Board by the Gàvernxñent aftr deduetig the cost of collection èfifàhcgs not icceediig one per cent Of the amount collected every year, before 30th June, in such manner as may be prescribed.

Appointment of Assessing OfJicer.—The Government may by

notifscim in tiic Gazette, aproiut sudi officers of the Labour Department. nn belay Wc rank of Assistant Labout Officr Grade I or Ofticers of equal s:::hi::i:

the A::......,n'i Officers, for the pun" of this Act and shall fix the local inils clii. :c

A1c/intcJlance of R,cters d'2t1 J?edords -( H Every dealer shall maintain such registers and tt-eords in their coln -mer-Cial cstablishmcn! in the manner as may be prescribed.

(L) The registers and records shall be produced for verification, on denu:nd by any officer or any authority authorised by this Act. FurnLching of returns by the dealer—(l) Every dealer shall fuñiish return showing the sale proceeds of the previous financial year to the Assessing. Officer in such rnsnner end at such time as may be prescribed.

(2) if any dealer liable to pay the cess under section 3 fails to furnish the return under sub-section (1), the Assessing Officer shall give a notice requiring such dealer to furnish such return before such date as may be specified in the notice.

Assessment of cess.—( I) The Assessing Officer to whom the return has been flurnished undei section 6 shall, after making or causing t9 be made such enquiry as he thinks fit and after satisfying himself that the particulars stated in the return are correct, by order, asàess the amount of c&ss payable by the L dealer..

(2) If the return has not been furnished to the Asscising Officer under) sub-section (2) of Section 6, be shall, after making or causing to be made such enquiry as he thinks fit, by-order, assess the amottht of céss iayab1e by the dçalei.

t!on (2) sha'l specify the amount of cess and the date scithm which the tess

shall be paid by,the dealer. (4 ) The Officer conducting the enquiiyuiider sub-sectjon (1) oriub , section (2) shall, for the'purposes of such enquiry, have the same powers as are, vested in a Civil Cairn while trying a suit under 'the Code of'CMI Sà'cedure, 1908 (Central Act of 1908), in respect of The following matieis, -nameI':--. enforcing the altCnd2nce of any person or examining him on oaW ffi pr ::r iiatio'n:

icqu:r.:-.2H.,fe a!: procucr;nn uf' docuaen:;:

rccc\::.: .::;.ht. on affldviLc: and

:1'1 for the examination of witnesses.

(5) Any eiquir u;;cc: this section shall bt deemed to be a judicial p;uccc!ia5-'vithin the :;::iac of section .193 ard scelion 228 of the Indian Pc'n I Code '(Central At 4. cf IS$G) and for the purnose of section 196 of Qie said Code.

S. Provisional co!/cction of ccss.—(1) Every dealer liable to pa ees under section 3 shall. pay by way of advance cesson or before the 10th of every month an amou:t eu:vaIcnr to one-twelfth of the ameur±I payable annually by him cccordi t:c the latest ascssznent under section 7. \\'hee the amount i s not paid under sub-secdn (1)'on before th due date, the Msessing Offlcer may issue noi, ice to the 'defaulter showing the amount in arrears and d'frccting 10 pay the-said amount within such period nÔt exceeding seven days of thc reccipt of the notice.

The amount paid under sub-section (1) by the dealer for a year shafl be adjusted against the amount assessed under se,ction 7 for that yeat

9 Interest payable on dclay in payment of cess4—If any dealer fails 'tç ' pay any amount of cess payable under section 3 within the time specified in ë ' order of 9sessment, such dealer shall be liable to pay mteresr on the amount S bepaid t the rate of one and a half per cent per'month for every moüth'&'jft of a month comprised in the period from the datt wbièh,such payineht Is Sc

till such amount is actually paid - -

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• 10: FiAefor.non-paymera of cess within 'the speqfled ziAie.—lfany arnc of cess payable by any dealer 'under.'section 3 is nQt paid within the date specified in the order, of assesshient under section 7 it. shall be deemed to be in - arieàrs and the Assessing Officer- may, after mAking such enqufry as he deems fit; impose on such dea!er' a fine not exceeding the amount of cess:-., -4 . .._(_ .4 , •

Provided that before imposing any such fine, such dealer shall be gVén a reasonable opportunity of being heard and if after such hearing the Assessing Officer, is satisfied that the default was foi any good and sufficient reason, no penalty shall be imposed under this,section. • .

ii. Recovery of amount due under this Ac!.—Any amount due under this Act (including any interest or penalty) from the dealer May be recovered in the same manner as an at-rear of land revenue.

2. Appeal.—(l) Any dealer aggrieved by an order of assessment made 4 under section 7 or by an order impbsing fine tinder section 10 may, within such time as may be prescribed prefer an appeal to such appellate authority in such , form and in such manner as may be prescribed.

Every appeal preferred under sub-sectioh (1) shall be accompanied by such fees as may he prescribed.

On receipt of the appel under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard ;n the matter, dispose of the appeal as expeditiously as possible. Every order passed in appeal under thk section shall he final and '±ail not be called in question in any court of 12w. - B. POwer of entiy--Any Assessing Officer or any other officer specially empowered in this behalf by the Goiernineiit, may,—.

with such assis.tancb if any, as he thinki^fit1 cuter at any reasonable time, any establishmeñt.oj1ace where h&considers.it necessaty to,

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enter for, carrying out the purposes .of this Act, including verification of the correethess of the particulars futnished b9 any dealer undcI section 6,' recjuire the productiox of anregiter . alid'ny,óther doqtirnçut^. r' telating to the sale of yarn, text1e'r textile prodtibts, anf(( exercise such other çiowers as ay be prcsc1h,d.

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17 ' 14 - .Rc/urn of' collectsdn vf cess —(1) Every Assessing Officer shall furnish to the $ond and pther authority as may be directed, every month a return howi$,$J1 amopnt quiess collected by bIn during the preyjous , month, nAiich IOr!i and within Bp P1Od as may be preicribed

(2) The Chief Execouv Officer of the Board or the authcznty specified in sut>-séiion11) shall fiarnish,to the Governmenj every year a return shbwing the total jimount of cess collected during the previous financial year, within such^I pcnod and in such form as may be prescribed

j • Penaltv--(l) Any dea1er under an obligation to fiiri.ish a return under Cs Act, furEihCs any return knowingy, or having reason tohee':e. the same he false shaH be punishable with litprisonment which rny CX!CUt. tc ccnhs or with fine which may extcn. ' five thousand rupees ......' (h both. Whoever, being liable r çy cess under thi:: A... t;ifuliv or intentionally cvdes^or attempts to e't e tnt payment of suc; &;, shall be punishsble with imprisonment which may c\tenld to six moEths. r fiDe which may exteid to five thousand rupees or with bdth, - Whocver,contravenes any of the provisions.of th: \ct or the rules made thereunder shall, if no other penalty is elsewhere rr: .: 'd by this Act for such contravendon be punishthk with irnprisonmcnt :: :trui which may extend to three .months or with fine which may extend t.3 ".c thousand five hundred rupees or with both. .

No court shall take cognizance of an offence punishable uder this section. save Dfl a complaint made by or under thc zil:thorit)i of the GoveymnL .

16. Offence by co?npanies.—(i) Where an offence under this Act has been committed by a è-ornpany, every person who, at the time when the óffeEe was committed, was in chirge of and was responsible to the company for the conduct of the businss of the company, as well as the. company, shall be deemed to be -guilty nc of the offee and shall be liable to be jrocceded agthst and punished accordingly

Provided thit cnothing contained m this sib-section shall render any such

,person liable to ant punishment if he proses that the offence was committed; without his knowledge or that he had exercised all due diligence to prevent the

• commission of sch offence. .

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(2) Notwithstanding anythihgcdutained in sub -sàttibfI}tfiei n 'offèe under thi's Act has been _wlih ike cosetoè &ne of,

.jz-L-.' or s 'attributable to any neglect on: 1St part of any director, ma4geir,pecretary or other officer of the Company, suci' director, manzgeç secretary &ret officer shall also be deemed tQ be guiltygf that offence and shill be tiabld to be proceed agamst and punished accordmy

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Explanation —For the pth-posd of this section,— ' 'company' means any body corporate and includes a firthR* other; association of individuals; and

l&OrI in relation t(N firm, means a partner in the firm 17..• Bar of jurisdictidnjof ('lvii- Couns.—No Civil Courts shill hate jurisdiction to settle. decidetor 'deal with any, question r to determine any- matter wEich is by or under this Act or the rules required to be settled, kcided or dealt with or to be determined by-the Government or any authority.- or-Officer appointed under this Act.

Power to make nzles.4(1) . The Government may by notification in the Gazette, thake rules for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the forêoing power, uch:

rules may provide for all or any of the following matters, namely:-

(a) the manner in which asiJ the time within ' hich cess shall be kvied and collected under section 3;

b partcuhrs of the registers kind rcords to be zeintaincd by a dealer undd section 5: -

the manner and time ithin which a return zhowina the sale proceeds of th pre'vtous financial year shall be furnished by a dealer to the MsessiiigOfficer under section' 6;

d) the manner in a appe4 may be, filed and the ckbc. paid und* section 12, '

(e) the power which rn* be cxercised-.by aii As&esszd,.. 'any.other'ofticer under clause (c)b9etion 1 344 ' r

the form and thHIj&fwjthm wicbnhnofcdl1&t'Lxag is to be famished unda sectrnnJ4

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( Every rule sidocndet this Act shall be laid, as soon as after; it iiinsde, before the I2gilative Assembly, while it is in sessi&z Si totsi periodbttfourteen days's'hkch,niaY be conipriseâ.in one session rin'tro ,- successive sessions, md if, béfort the expiry of the sessiott)n which it is sojaid dr tle stäion j rnedj atiyfol1owiflg, , the L

egislatie Msembly maket in[y

modification iii the rule or decides that the nil8 should not be made, the rule shall thereaftet' have effeci' only jnsucl3 modified form or be of no effect, as The case may be; so however, that •ay such modificatiOn or annulment shall be withottt prejuaice to the validity of anything previously done under that rule. - 19. Repeal and savirg.—(l) The Kerala [mi1com Workers' \Vclfaro Cess Oniitaiicc, 2007 (7 of 2007) is hereby itpca:d

I (2) Notwithstanding such repeal, anything done or any action taken under th said Ordinance shill he deemed to bye been done or takcñ jzdtr this Act.

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