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TIIE KERALASTATELOTIERYAGD1TS'A."\1JSELLERS' WELFARE l-l.;l'\1) ACT, 2008
(Act 2 of 2009)
Preamble Sectwns Short title and Commencement
2 Defimt10ns
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34/19/2011/DTP The Kerala State Lottery Agents' and Sellers' Welfare Fund Scheme Contnbut10n to the Fund
Modification of the Scheme
Const1tut10n of Board
Meetmg of the Committee
Term of office of the members of the Board
DisqualificatiOn and removal of non-offic1al members T ravelhng and datly allowance to members ofBoard Appomtment of Officers and Staff
Power of the Board to borrow
Non-official Members of Board, to be pubhc servants Protection of actiOn taken m good fa~th
D1rectwns by Government
Power to order mquiry
Power to supersede Executive Committee
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18 Audit of Accounts of the fund and appomtment of audttors ~ .l '
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ACT 20F2009
niE KERALASTATt LOTI1::RY AGEN fS' AND SELLERS' WELl-ARE FUND ACI~ 2008*
An Act to provtde for the con.'Jtltutwn of a Fund for promotmg the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala m the State of Kerala and fm other matter.'J connected therewith or mctdental the1 eto
Preamble -WIIl:Rrfl~. 1t 1s cxpcd1cnt to prov1dc for the constitution of a rund for promotmg the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kcrala m the State of Kerala and other matters connected thercw1th or mctdcntal thereto,
Br 1t enacted m the ft fty-nmth Year of the Rcpubltc of Indta as follows-
l. Short title and commencement.--- ( l) Thts Act may be called the Kerala State Lottery Agents' and Sellers' Welfare Fund Act, 2008;
(2) It shall be deemed to have come mto force on the 12th day of July, 2008.
2 Defimtwns- In thts Act unless the context othcrwtse requires,- ( a) "Board" means the Kcrala State Lottery Agents' and Sellers' Welfare l·und Board con~lltuted under sub-scctton (I} of sectiOn 6, ~I... {b) 'ldenttty Card' mean., the Identity Card ts!>ucd to the lottery agents/sellers from the Board,
(c ) 'Chtcf Executive Officer' means the Chtef Executive Officer under sub-scctton (5) of scctton 6;
{d) 'Contnbutton' means the amount payable to the Fund under sub-scct10ns (I) and (3) of scctton 4;
(c) 'Dtrcctor of Lotteries' means the Dtrcctor of the Kcrala State Lottencs Department,
(f) 'Dtstnct Lottery Officer' means the Dtstrict Lottery Officer of the Kcrala State Lottcncs Department for the concerned Revenue Dtstrict; * Rece1vcd the assent of the Governor on 3rd day of J,muary 2003 and pubh~hcd m the Kcrala Gatcllc Extraordmary No 27 dated 5th January 2009
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(g) 'D1stnct Welfare Officer of Lottery' means the officer bcmg appmntcd under sectJOn II and offic1ally designated for the D1stnct level '! adnumstratJOn of the Scheme,
(h) 1;am!ly' mean'>, W1fe or hu~band, mmor sons and unmarncd daughters of a lottery agenth.ellcr and mcludes h1s father, mother, mentally or phys1cally d1sablcd ch1ldrcn who arc dependent on the lottery agent/seller and m the absence of such dependants, maJor son and mamed daughter,
(1) 'Fund' means the Kcrala State Lottery Agents' and Sellers' Welfare Fund estabhshed under sec!Jon 3,
(J) 'Government' means the Government of Kerala,
(k) 'Lottery Agent' means an md1v1dual to whom an agency has been 1ssued by the D1stnct Lottery Officer m the State of Kerala for sale of the paper lottery of the Government of Kcrala and 1s holdmg a vahd 1dentJty card 1ssued under the Scheme and docs not mclude a company, a firm, an assoc1at10n of md1v1duals or a co-operat1vc soc1cty,
(I) 'Lottery Seller' means, a pcn.on who ~ells paper lottery t1ekets of the Government of Kerala,
(m) 'Member' means a lottery agent or lottery seller enrolled as a member m the Fund and 1s holdmg d pass book IS'iucd under the Scheme,
(n) 'Notdicat1on' means a notdicat10n pubh~hcd m the Kcrala Gazette,
(o) 'Paper Lottery' means any lottery other thdn on-hnc lottery, conducted by the Government of Kcrala 111 accordance w1th the prov1s1ons of the Lottencs (Regulallon) Act, 1998 (Central Act, 17 of 1998),
(p) 'Prcscnbcd' means prc'lcnbed by the Rules made under th1s Act,
(q) 'Scheme' means the Kcrdla State Lottery Agent!>' and Sellers' Welfare Fund Scheme framed under sectJ~m 3,
(r) 'Spec1fied' means spccd'ied m the Scheme,
(s) 'State Welfare Officer of Lottery' means the off1cer appomted under sectiOn II to as!>ISt the Ch1ef Execut1ve Officer,
(t) 'Year' means the financ1al year, )_
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3 The Kerala State Lottery Agent!>· and Sellers' Welfare Fund S(heme -(I) As soon as after the commencement of th1s A~. the Government shall, by notificatiOn m the Ga..:cttc, frame a Scheme to be called the "the Kerala State Lottery Agents' and Sellers' Welfare Fund Scheme" and after the frammg of the Scheme, constitute a Fund to be called the "Kcrala State Lottery Agents' and Sellers' Welfare Fund" m accordance w1th the prov1s10ns of th1s Act and the Scheme,
(2) Subject to the proviSions of th1s Act, the Scheme may prov1de for all or any of the matters specified m the Schedule,
(3) Those lottery agents and sellers who <;ell Kerala State Lottery tickets atlcast for the prescnbed mmtmum amount m a month shall alone ~- be, ehg1blc to become a member of the rund,
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Explanatwn -Whtlc calculatmg the amount of Kcrala State Lottery ttckcts to be sold by the lottery agents and ~cllers for contmumg as a member m the Fund, the tn-monthly average of the sa1d amount shall be taken mto account
( 4) 1 he followmg shall be crcdtted to the fund, namely -
(a) contnbu!lons under sectwn 4,
(b) the amount borrowed by the Board under sectiOn 12,
(c) grants or advances gtven by the Government or an lnstttutwn,
(d) any kmd of donation or amount rcm1tted,
(c) any amount ratsed by the Board from other sources to augment the resources of the Fund,
(f) any fcc lcv1ed under the Scheme,
(g) any other amount available on the date of const1tutton of the rund under the prov1~1on~ of the Scheme as prov1dcd m the Kcrala State Lottery Welfare J·und Scheme, 1991,
(h) any other amount to be crcdtted to the Fund under the prov1~1ons of the Scheme
(5) ·r he Fund shall vest m the Board and be adnurustered by the Board
(6) The Fund may be uttlt..:cd for all or any of the followmg purposes, namely-
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(a) for the payment of pension to the members who had completed fifty-five years of age and had remitted contnbut10n for not less than ten years
Explanatwn -Those persons who had completed s1xty year~ of age and was a lottery agent or seller for atlca~t f1ve years before the commencement of th1s Act and 1f he rcmlls contnbuiJon tor a pcnod of one year as member under the provJsJom, of the Scheme, he wJII become ehgJblc for a spec1al pensiOn
(b) for the -payment of famdy pcn'>JOn on the death of a member who had remitted contnbut1on for not less than ten years,
(c) for the payment of financial asststancc on the death of a member due to illness or acctdcnt, ~
(d) for the repayment of the contnbut10n amount remitted by the members w1th mterest as may be prescnbcd, to those who suffer from permanent physical disability mcapacllatmg hun to do work or on the cessation of membership m the Welfare l·und,
(c) for the payment of financial a~s1stance to meet the expense towards medical treatment of the members affected With scnous disease,
(f) for the payment of financial a~si~tancc for the purpo~c of marnage of the members and daughters of the mcmbcrc; and for the maternity purpose of the female members,
(g) for the payment of financial assistance or loans or advances to the members for the purpose connected w1th thc1r .>-- employment, or for the constructiOn of dwelling house or for the mamtenance or renovatiOn of the house or for the purchase of l,md for the constructiOn of house or for the purchase of land and bUtldmg and for the educatiOn, mcludmg h1ghcr educatiOn, of the children of the members,
(h) for the payment of spcctal relief to the mcmbct~ who suffers from phystcal dJsab1hty,
(i) any other purpose specified m the Scheme,
(j) for the day to day adtmmstrauvc expenses of the Board
(7) The Scheme framed under sub-section ( 1) shall be laid, as soon as may be after Jt IS framed, before the Lcgt~lallvc Assembly whtlc 11
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1s m o;esston for a total' penod of fourteen days whtch may be compnsed m one l-.esston or m two suceess1ve sesstons, and tf, before the expiry of the sesston m whtch It ts so latd or the sesston tmmedtately followmg, the Legtslattvc Assembly makes any modtficatJOn m the Scheme, the Scheme shall, thereafter have effect only tn such mod1fied fmm, so however, that any such mod1ficatton shall be wtthout preJudtce to the vahdtty of anythmg previOusly done under the Scheme
4. Contnbut10n to the Fund- (I) Every Lottery Agent and Lottery Seller, as the case may be, who IS chgtble to become a ~member shall subc;cnbe rupees fifty per month as contnbut10n to the Fund;
(2) The Government may, by not1ficatton m the Gcu..ette, from ttme to tune revtse the rate of eontnbuuon referred to m sub-sectton (1) takmg mto account the amount reqUired for the mangement of the Scheme
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(3) The Government shall contnbute one per cent of the total ..,ale proceed of lottery tickets collected through the Kerala State Lottenes Department to the Fund evct y year. The rate of contnbut10n of the Government may he mod1fied from t1me to tune and recommend the due appropnat10n m the Budget proposals
(4) The eontnbut10n shall be patd to the Chtef Executtve Officer or other officers authonzed m thts behalf m the manner spectfied m the Scheme
(5) The non-payment of eontnbut10n by any member for a -( contmuous penod of stx months w11l result m loss of membersh1p suo motu
Provtded that the Board shall, for reasons appears to be reasonable to the Board, have the power to restore the membersh1p
5 Mo(/tjrwt10n of the Scheme --(1) !'he Government may, by nottficatton m the Gazette, add to or amend the Scheme framed under thts Act, etther prospecttvely or retrospectively
(2) [very nottficat10n under sub-section (I) shall be la1d as soon as may be, after 11 IS 1ssucd, before the Leg1slat1ve Assembly wh1le 1t IS m sessiOn for a total penod of 14 days, wh1ch may be compnsed m one .L, sess10n 01 m two success1ve sess10ns, and 1f, before the exp1ry of the sessiOn m whtch tt IS so la1d or the sesswn tmmedtately followmg, the
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Legtslattve Assembly agrees m makmg any modtfn:;attOn m the nottfieatton or dectdes that the notificatiOn should not be tssued the notJficatJOn shall thereafter have effect only m such modtfied form or be of no effect, as the case may be
6 Constrtutwn of Board --{I) The Government may, by nottficatlon constitute wtth effect from such date a~ may be !>pectfied therem, for the admmtstrattOn of the Fund and for the management of the Scheme and to supervtse and to tmplement the connected acttvtttes constttute a Board to be called the "Kerala State Lottery Agent~' and Sellers' Welfare I und Board"
(2) The Board shall be a body corporate by the name "Lottery 'I -
Agents and Sellers Welfare Fund l3oard" havmg perpetual succcsston and ~ a common seal and shall by the ~atd name, sue dnd be sued
(3) The l3oard ~hall constst of four offictal members rcpresentmg the Government and seven non-offtctal members representtng the benefictanes of the Scheme as may be nommated by the Government as hcrcmafter provtded -
(a) The Secretary to Government, laxes Department,
(b) 111c Dtrector of State Lottencs,
(c) A rcpresentattve from the Fmance Department not below the rank of a Jomt Secretary nommated by the Government,
(d) A reprcscntattvc from the Labour Department not below the rank of a Jomt Secretary nommated by the Government, )-
(c) Seven non-offietal members representmg the Lottery Agent~ and Sellers nommated by the Government
( 4) Government shall nom mate a member from among the members of the l3oard as tts Chatrman
(5) fhe Dtrcctor of State Lottencs shall be the Chtef Executtvc Officer
(6) The Board shall admtnt~ter the l·und vested 111 tt tn sut.h manner as may be spectficd m the Scheme,
(7) The Board may wtth the prevwus approval of the -A. Government, delegate to the Chatrman or to the Chtef Executtvc officer
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!:' such of tt~ powers and functtons under thts Act or the Scheme as tt may con-;tdcr ncccc;sary, for the ciTcctiVC management of the Fund, subject to such rc-;tncttOns and condtllons, as 11 may deem fit
7 Meetmg of the Commlllee -- -( 1) -1 he Board shall meet at least once m three months to transact tts busmcso;,
(2) Stx members of the Board mcludmg at least two offictal members shall form the quorum for a mcctmg of the Board,
(3) The Chatrman or m hts absence, a member elected from among the members present at the mcctmg, shall prcstde over the mcctmg of the Board,
(4) Any matter commg up before a mcctmg of the Board shall be dectded by a majonty of the members prc~cnt and votmg at the mectmg and, m the case of any cqualtty of votes, the Chatrman or the member prcstdmg over the mccttttg shall have nght for a castmg vote 8 1e1 m of office of the memhe1 s of the Board ---{ 1) ll1c non-offictal members appomtcd under sub-scct10n (3) of scctton 6 shall hold office for a pcnod of three years wtth effect from the date of the nottftcattOn const1tutmg the Board,
(2) Any non-off1c1al member may rcstgn h1s mcmbcrshtp by gtvmg not1cc 111 wt 1tmg to the Government, but shall contmuc to hold office unttl hts rcstgnattOn IS accepted by the Government
(3) Government may at any tunc, for reason~ to be recorded 'm wntmg, remove from office any oftic1al member, 1f the Government are of the optnton that, m pubhc mtcre~t, tl ts not fatr to allow such member to contmue m office
9 Dlsquahficatwn and 1 emm•a/ of non-officwl membe1 s- (I) The Government may remove any non-offictal member of the Board from office,-
(a) tf he ts of unsound mmd,
(b) tf he ts adjudged as msolvent,
(c) tf he has, w1thout the pcrmtsston of the Board, been absent m three consecuttvc mcetmg-;, and
(d) tf 111 the optmon of the Government, he IS not suttable or has become tncapable of actmg as a member or has so abused hts )...... poo;ttton as a member as to render hts contmuance as such member dctnmental to the publtc tnterest
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Provided that before rcmovmg a member under this sub-sc<-t!On he shall be g1vcn a reasonable opportumty to show cause why he should not be removed.
(2) A non-offic1al member of the Board removed under clause (c) of <>ub-sectton (I), shall be du,quahficd for rc-appomtment as a member of the Board for a penod of three years from the date of h1s removal unless otherwise ordered by the Government,
(3) A non-offic1al member of the Board removed under clau<>c (d) of sub-sectiOn (1) shall not be chgtblc for rc-appomtmcnt until he 1s declared by an order of the Government to be no longer mchgJblc
10. Travellmg and dmly allowance to members of Board-- The nommatcd members of the Board shall be eligible to get !.Iltmg fcc, travcllmg allowance and da1ly allowance at !.Uch rdtc as may be prescnbed
11 Appomtment of Officers and Staff-- -(I) Government may appomt a State Welfare Officer of Lottery, such number of D1stnct Welfare Officers of Lottery and other staff on deputatiOn from the Kcrala State Lottcnes Department for ass1stmg the Ch1cf rxeeut1vc Officer m 1mplemcntmg the prov1s1ons of th1s J\ct,
(2) The Ch1cf hccutJvc Officer of the Board shall be rcspon~1blc for unplcmcntmg the dcc1s1ons of the Board
12 Powe1 of the Board to borrow--- I he Bo..trd may from t1mc to time, w1th the previOuS approval of the Govcmment and subJeCt to <;uch terms and conditiOns as may be spec1f1cd by the Government, borrow money for the purposes of the Scheme
13 Non-officwl Members of Bow d, to be public ~ervant:, -Every non-offic1al Member of the Boa1d, !.hall be deemed to be a pubhc servant w1thm the meamng of sect1on 21 of Ind1an Penal code (Central J\ct 45 of 1860)
14 Protectwn of actwn taken 111 good fwth --No SUit or other legal proccedmg shall he agamst any member of the Bodrd or any other person ass1!.tmg the Board m the d1scharge of 1!<; functwns and dut1cs 111 respect of anythmg wh1ch IS m good fallh done or mtended to be done under th1s J\ct or under the Scheme
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15 Dzrectwns by Government --The Government may from t1mc to ,..J_ t1mc g1ve d1rect10ns to the Board and the Board shall be hablc for Its 1mplementat10n
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16 Power to 01 der mqUtry -( 1) rhe Government may at any t1me, appomt an officer not below the rank of an AdditiOnal Secretary to Government to mqUJrc mto the workmg of the Board and to subm1t a report to the Government
(2) 'lltc Board shall g1ve the person so appomtcd, all fac1ht1es for the proper conduct of the cnqu1ry and furmsh to hun such documents. accounts and mformatlon m the possesswn of the Board a~ he may reqUJrc
17 Power to supersede Execut1ve Comm1ttee- (I) If on cons1derat10n of the report under sect10n 16 or otherw1sc, the Government arc of opmwn that the Board has persistently made default m the performance of the dulles 1mposcd on 1t by or under the prov1s1ons of th1s Act or the Scheme or has exceeded or abused 1ts powers, the Govenunent may, by not1ficat10n m the Ga.lette, supersede the Board for such penod not exceedmg s1x months as may be spec1f1ed m the not1 ficat10n
Prov1ded that before 1ssumg a not1 ficdtlon under th1s sub-sect1on, the Government shall g1ve a reasonable opportumty to the Board to show cau~e why 11 should not be super~eded dnd shall constder the explanations and obJectton~. 1f any, of Board
(2) Upon the publtcat10n of nottficat10n under sub-sect1on {I),-
(a) all the members of the Beard ~hall, from the date of such publtcattOn, vacate the1r offices as such members,
(b) all the powers and duttc!> wh1ch may be excrc1scd or performed by the Board shall, dunng the penod of super~esswn be cxcrc1sed or pcrforntcd by such officer or officers as may be ~pec1fied m the not1 ficat1on,
(c) all funds and other properties vested m the Board shall, durmg the penod of supcr~es~10n, vest m the Government
(3) On the cxp1rat1on of the pcnod of supcr~css10n spec1ficd m the nolif1catton 1ssucd under sub-scct1on (I), the Government shall conslltutc the Board m the manner provtdcd 111 section 6
18 Aud1t of Account.'> of the Fund and appomtment of auduon-
(I) The Board shall appomt such audttors to dudtt the accounts of the A.... rund !n such manner a-; may be prcscnbed,
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(2) The accounts of the Fund/Scheme ~hall be audited once m every year by such auditors
19 Annual report and audited \tatement of acwunts - (I) The annual report of the Fund/Scheme shall be prepared under the direction of the Board and after approval by the Board, a copy of the report together w1th audited statement of accounts shall be submitted to Government before the end of July every year,
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(2) The Government shall, as soon as the annual report IS received, cause the same together w1th the. aud1ted statement of accounts to be la1d before the Legislative As~cmbly
20 Bar on Junsdtctzon of Ctvtl Court!> - No CIVIl Court shall have JUnsdictiOn to settle, dec1de or deal w1th any question or to detcrmmc any matter wh1ch IS by or under th1~ Act or the Scheme reqUired to be settled, decided or dealt w1th or to be dctcrmmed by the Government or the Board or the Ch1ef Exeeut1ve Officer or any officer duthonsed by the Board
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21 Power to ~ummon wane\~ and take evidence -I he Board shall, for the purposes of enqu1ry under thl'> Act have the same powers as arc vested m a Civil Court while trymg a sui! under the Code of C1vil Procedure 1908, (Central Act 5 of 1908) m ~espect of the followmg matters, namely -
on oath,
(a) enforcmg the attendance of any per~on~ or exammmg illm
(b) requmng to find out and to produce documents,
(c) rece1vmg evidence on affidav1t , and
(d) engagmg CommiSSIOn for exammmg witnesses
22 Specwl provisiOns for the tramfer of Fund from the Kerala State Lottery Agents' Welfare Fund-- ( 1) Notw1thstandmg anythmg contamed m any other law for the time bemg m force on the date of commg mto force of th1s Act, the sum standmg to the credit of a member m the Kerala State Lottery Agents' Welfare Fund, 1991 shall stand transferred to and cred1ted to the l·und established under th1s Act and the habll1ty of such member to pay contnbul!on to the Kerala State Lottery Agents' Welfare Fund, shall cea~e from such date
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(2) All cla1ms m respect of such schemes shall be detennmed and d1sbur~cd by the Board constituted by th1s Act
23 Powe1 to make rule:. --(I) Inc Government, may, by notificatiOn, mdke rules e1thcr prospccllvcly or retrospectively for the purpose of carrymg mto effect the prov1s!ons of th1s Act
(2) Every rule made under th1s Act shall be la1d, as soon as may be after 11 1s made, before the Leg1c;lat1vc Assembly while 1t 1~ m scs~1on for a total pcnod of fourteen days wh1ch tnay be compnscd m one SCSSIOn or Ill tWO SUCCCS~IVe SC~SIOm, and, If, before the expiry of the scsswn m wh1ch 11 1s so la1d or the 'ies~!On 1rnmcd1atcly followmg, the Leg1slat1ve Assembly makes any modification m the rule or dcc1dcs that the rule should not be made, the rule shall thereafter have effect only m such mod1ficd form or be of no effect, as the case may be, so however that any such modificatiOn or annulment ~hall be without preJUdice to the vahd1ty of anythmg previOusly done under that rule
24 Repeal and Savmg -- ( 1) The Kcrdla State Lottery Agents' and Seller~' Wclfa1c l-und Ordmancc, 2008 (33 of 2008) IS hereby repealed
(2) Notwllhstandmg ~uch 1 cpeal, anythmg done or any act JOn taken under the c;a1d Ordmdnce shall be deemed to have been done or taken under th1s Act
SCHI:DUII
• fSee SectiOn 3(2)] MAllERS rOR WIIICI-1 PROVISIONS MAY BE MADE IN 11IE SCHEME I I he manner 111 wh1ch the fund ~~ to be ddmm1stcrcd by the Board
2 Reg1strat1on of lottery agents and seller~ 3 1 he lime and manner m wh1ch contnbut10n shall be made to the rund
4 rhc manner m wh1ch the contnbut1on may be recovered from d1ffercnt sectors
5 The const1tut10n of any commtttcc for as<>1stmg the Board.
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6 The manner m whtch account<> shall be kept, the mvestment of money belongmg to the Fund m accordance wtth any dtrectton!. tssued or condtttons spectfied by the Government, the preparatiOn of the budget, '! the audtt of accounts and the submtsston of reports to Government.
7. The condtttons under whteh wtthdrawal from the Fund may be permttted and any deductiOn or forfetture may be made and the maxtmum amount of such deductiOn or forfetture
8 The form m whtch a member of the l und shall furntsh parttculars about htmself and hts famtly, whenever reqUtred
9 The nommat10n of a person to recetve the benefits of a member from the Fund on !its death and venficat10n and cancellation of such nommatton
I 0. The regtsters and records to be mdtntamcd wtth respect to members
11 The form and dcstgn of the tdenttty card for the purpose of ~ tdenttfymg any member of the rund and for the tssue, custody and replacement of the same.
12 rhe fees to be levted for any of the purposes spectfied tn the Schedule
13. The manner m whtch the sum transferred under sectton 22 ts to be brought and credtted to the Fund
14. The matters for wluch the fund may be ut1ltzed for the welfare of members or thetr dependants
15 The procedure for defraymg the expendtture to be mcurred m the admtmstrattOn of the fund.
16 lbe procedure for paying the benefit'>, grants, advances etc , from the Fund
17 Any other matter whtch ts necessary or proper for tmplemcntmg the Scheme
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