GOVERNMENT OF KERALA
Law (Legislation-I) Department
NOTIFICATION
No.11930/Leg.I2/2018/Law. Dated, Thiruvananthapuram, 20thDecember, 2019 4thDhanu, 1195
29thAgrahayana, 1941.
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of Kerala is pleased to authorise the publication in the Gazette of the following translation in English language of the Kerala Farmers' Welfare Fund Act, 2019 (26 of 2019). By order of the Governor,
ARAVINTHA BABU P. K.,
Law Secretary.
16
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
1
[Translation in English of the "2019-ടേ കേരള േർഷേ കേമനിധി ആേ്റ്" published under the authority of the Governor.]
ACT 26 OF 2019
THE KERALA FARMERS' WELFARE FUND ACT, 2019
AN
ACT
to provide for the constitution of a Welfare Fund for the welfare of the farmers engaged in agriculture in the State of Kerala and to pay pension and other allowances to them and to attract younger generation into agriculture and for the matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to constitute a welfare fund for the welfare of the farmers engaged in agriculture in the State of Kerala and to pay pension and other allowances to them and to attract younger generation in agriculture and for the matters connected therewith or incidental thereto;
BE it enacted in the Seventieth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Kerala Farmers' Welfare Fund Act, 2019.
(2) It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,-
(a) "agriculture" includes horticulture, farming of medicinal plants, planting of crops and intercrops, fruit trees, vegetables, grass, fodder grass and trees or any kind of cultivation in soil, conducting nursery, breeding and keeping of livestock including fish, ornamental fish, mussel, oyster, bees, silk worm, poultry, duck, quail , goat, rabbit, cattle, pig and the use of land for agriculture allied activities or any other agricultural purposes;
(b) "Board" means the Kerala Farmers' Welfare Fund Board constituted as per section 11;
(c) "Chief Executive Officer" means the Chief Executive Officer appointed as per sub-section (1) of section 15;
(d) "contribution" means the amount payable to the Fund as per section 8;
17
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
2
(e) "family" means,-
(i) wife or husband of the farmer, their minor or differently abled children, adopted children, unmarried or widowed or divorced daughters and widows and minor children of deceased sons of farmer;
(ii) parents of the farmer who are dependent on him;
(f) "farmer" means a person who holds, whether as owner or licensee or mortgagee in possession or oral lessee or Government land lessee or kuthakapattakaran or partly in one capacity and partly in another, possession of land having an extent of not less than five cents and not exceeding fifteen acres and annual income does not exceed Rupees five lakhs and whose principal means of livelihood is agriculture for a period of not less than three years:
Provided that Government may, on the recommendation of the Board, by notification in the Gazette, revise the limit of annual income:
Provided further that for the purposes of this section, in the case of plantation crops such as rubber, coffee, tea and cardamom, those who possess more than seven and half acres of land in any way are not included in the definition of farmer;
(g) "Fund" means the Kerala Farmers' Welfare Fund constituted as per section 3;
(h) " Government" means the Government of Kerala;
(i) "Kissan Abhiman Scheme" means the scheme introduced as per G.O.(P) No.22/09/Agri. dated 31stJanuary, 2009 for providing benefits for the paddy cultivators and for giving pension to them on their completion of sixty years of age and subsequently introduced for providing pension and other benefits to small scale and nominal farmers also, as per order number GO(MS)197/2011/Agri dated 16thAugust, 2011.
(j) "member" means a member of the Fund ;
(k) " Notification' means notification published in the Official Gazette;
(l) "prescribed" means prescribed by rules under this Act;
(m) "Schedule" means the Schedule to this Act;
(n) "Scheme" means the Kerala Farmers' Welfare Fund Scheme framed under this Act.
3. Kerala Farmers' Welfare Fund Scheme.—(1) The Government shall, by notification in the Gazette, frame a Scheme for constituting a Fund under this Act for the welfare of farmers, to be called the 'Kerala Farmers' Welfare Fund Scheme' and as soon as possible constitute a Fund in accordance with the provisions of this Act and the Scheme.
(2) Subject to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule.
(3) The following shall be credited to the Fund, namely:-
(i) arrears and interest received as per section 6;
18
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
3
(ii) contribution specified in section 8;
(iii) amount in the Treasury Savings Bank Account under the "Kissan Abhiman Scheme" transferred under sub- section (1) of section 29;
(iv) grants, loans or advances received through the Central Government, State Government, Local self Government Institutions, any institutions or organisations or Corporate Social Responsibility Fund as per the Companies Act, 2013 (Central Act 18 of 2013 ) etc.
(v) amount given by the Government annually to the Fund, equivalent to the amount being given by the Government to the Agriculture Department for the implementation of Kissan Abhiman Scheme;
(vi) amount mobilized through any legal means as per the decision of the Board to augment revenue of the Board;
(vii) fee levied as per the scheme;
(viii) amount received from the sale of Kerala Farmers' Welfare Fund Stamp, as a part of income generation;
(ix) amounts sanctioned for the welfare of the farmers with the intention of environment protection, as per any law or Government order or sanctioned for the welfare of farmers by any other law or Government Order;
(x) amount received as agricultural incentive as per section 9;
(xi) any other amount to be credited to the fund as per the provisions of the Scheme.
(4) The Fund shall vest in the Board and be administered by the Board as provided in this Act and Scheme.
(5) Subject to the provisions of this Act and the Scheme the Fund may be utilized for all or any of the following purposes, namely:-
(a) for payment of pension to farmers who have became members of the Welfare fund by remitting contribution for not less than five years and have completed sixty years of age, at the rate fixed, on the basis of the contribution remitted and the number of years of remittance, as per the scheme:
Provided that in the case of any farmer who has completed fifty six years of age on the date of commencement of this Act and has become a member as per sub-section
(1) of section 4 and is remitting contribution for the succeeding years, pension may be paid at the eligible rate as per the Scheme, after he has completed the age of sixty years;
(b) for payment of pension to the small scale marginal farmers who have completed sixty years of age and were receiving pension under the 'Kissan Abhiman Scheme', at the rate fixed by Government from time to time:
19
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
4
Provided that those persons who are members of any other welfare fund and are receiving pension and other benefits shall not be eligible to get the benefits under the Scheme;
(c) for payment of fixed amount and pension to a person, who had been a member and remitted contribution for not less than five years, and discontinued his farming activities or unable to continue work due to ill health, at such rates fixed as per scheme on the basis of the contribution remitted and the number of years of remittance;
(d) for payment of family pension and death benefits;
(e) for payment of financial assistance to the member who is suffering from permanent physical/ mental disability;
(f) for financial assistance to the members for treatment, for giving maternity benefits to women members, for financial assistance for marriage of women members or daughters of the members and for financial assistance for education of children of the members;
(g) for giving a fixed amount at the rate specified in the scheme, at one time, to those members who have remitted contribution for twenty five years;
(h) for giving compensation to the members or members of the family, as the case may be, for accident and death of members, accident and death due to natural calamity, such other distresses including death, physical disabilities and different types of poisoning due to attack of wild animals;
(i) for refunding amount to those who had remitted contribution to the Fund, but not eligible for benefits due to the non completion of five years, at the rate that may be prescribed, and in the manner as may be prescribed;
(j) for the day to day administrative expenses of the Board.
(6) Board may invest the Fund in a profitable manner with the previous sanction of the Government and may frame new schemes in the sectors which deserve special attention.
(7) Subject to the provisions of this Act, the Scheme framed under sub-section (1) may provide for the matters specified in sub-section (5) and in the Schedule.
(8) Government may, by notification, make any addition, amendments or variations to the scheme framed under this section, either prospectively or retrospectively.
(9) The Scheme framed under this section shall be laid as soon as may be it is framed before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any amendment in the Scheme or decides that the Scheme should not be made, the scheme shall, thereafter have effect only in such form as amended or be of no effect, as the case may be. However, that any such
20
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
5
amendment or annulment shall be without prejudice of the validity of anything previously done under that scheme.
4. Membership in the Fund.- (1) Any Farmer, who has completed the age of eighteen years shall be eligible to register as a member in the Fund as per the provisions of this Act and Scheme:
Provided that, in case, if the amount of Kissan Abhiman Scheme is transferred to the Fund under sub-section (1) of section 29, the members of the said Scheme shall be deemed to be the members of the Fund from the date of such transfer:
Provided further that, any farmer who has completed the age of fifty six years as on the date of commencement of this Act, shall be eligible to be a member of the Fund upto the age of sixty five years.
(2) Applications for registration as a member shall be given to Krishibhavan, directly or through online, along with such documents and registration fee as specified in the Scheme. All such applications submitted shall be certified by the Agricultural Officer concerned or the officer concerned of the farming activity of the applicant, as specified in the scheme.
(3) In case where the Agricultural Officer is satisfied as per sub-section (2) that the applicant has complied with the provisions of this Act and the Scheme, he shall immediately register the applicant as a member. If the application is rejected on any reason, said matter shall be intimated to the applicant with its reasons in writing, within thirty days from the date of receipt of the application:
Provided that no application for registration as a member shall be rejected without giving the applicant a reasonable opportunity of being heard.
(4) Any person aggrieved by the decision under sub-section (3) may within such time as specified in the Scheme, prefer an appeal to the Chief Executive Officer or any other authority specified by the Government in this behalf and after conducting necessary inquiry on the appeal petition and after giving an opportunity of being heard to the appellant, the Chief Executive Officer or such other authority shall take a decision on such appeal within thirty days from the date of its receipt, and such decision shall be final.
21
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
6
(5) Every member shall be given a membership certificate, identity card and a pass book with the details recorded, in such format and manner as may be prescribed and a register regarding this shall be maintained in the office concerned.
(6) The Chief Executive Officer shall make necessary arrangements for maintaining the prescribed registers and other records for the purposes provided in this section.
5. Cancellation of membership in the Fund.- (1) If it is found that a member has done any kind of manipulation or has given false information in connection with the conditions for the membership or to obtain the benefits as per the Scheme at any time, his membership shall be cancelled:
Provided that no order of cancellation of membership shall be issued, without giving the member a reasonable opportunity of being heard:
Provided further that any member who is aggrieved by the cancellation of membership may prefer an appeal to the Government within such period as may be specified in the scheme.
(2) If a member makes default in the payment of contribution continuously for a period of one year his membership in the Fund shall be ceased.
6. Revival of membership.- The membership may be revived on the payment of arrears with annual interest at the rate as may be prescribed within three years from the date of cessation of membership as per sub-section (2) of section 5:
Provided that if the Board is satisfied that there is sufficient cause for non-payment of contribution, the interest may be waived.
7. Informations be maintained.- Informations which are necessary for the implementation of the Scheme shall be maintained in all Krishibhavans in the manner prescribed. The Board shall periodically update the information required for the implementation of the scheme through a centralized Information Technology based platform.
8. Contribution to the Fund.-(1) Each farmer shall contribute to the Fund a minimum of one hundred rupees per month:
22
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
7
Provided that members may remit monthly contribution at higher rate, at their own discretion. Such higher rate of amount remitted shall not be reduced more then two times in the same financial year:
Provided further that the members may remit the contribution to be remitted by them annually or half yearly, in lump sum.
(2) The Government shall, in each financial year pay as contribution, an amount equal to the amount to be paid by the members to the Fund as contribution, subject to a maximum of two hundred and fifty rupees per month. On the request of the Board, Government contribution, in proportionate to the amount remitted by the members to the fund, may be given half yearly.
(3) Notwithstanding anything contained in sub-section (2), the Government may take necessary steps to make available to the Board every year, an amount equal to the amount which had been allotted by the Government for the payment of pension under Kissan Abhiman Scheme before the date of commencement of this Act, in the manner as may be prescribed.
9. Agricultural incentive. (1) For the purpose of collecting amount to the Fund for farmers' welfare, every trader who trade agricultural products, by converting them into value added products, shall pay an amount of one percentage of his annual profit, as a matter of right of profit sharing as agricultural incentive, to the fund in the manner prescribed:
Provided that this is not applicable to the traders whose annual profit is less than one lakh rupees:
Provided further that on the recommendation of the Board, the Government may, by notification, revise the limit of the annual profit.
(2) In order to determine such profits, every dealer shall, submit the return showing his sale proceeds and profits of the previous year to the Assistant Chief Executive Officer in the Regional Offices of the Board, in the manner and time as may be prescribed.
(3) The Assistant Chief Executive Officer, shall after making or causing to make an inquiry in the prescribed manner, examine the return submitted as per sub-section(2), issue an order determining the amount of agricultural incentive payable by the traders and the date within which it shall be paid. Any person who is aggrieved by the said order may prefer an appeal to the Board in the manner prescribed.
(4) The Officer conducting the enquiry under sub-section (3) shall, for the purposes of such enquiry, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matter, namely:-
23
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
8
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) requiring the disclosure, discovery and production of records and documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses;
(5) Any enquiry under this section shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code,1860 (Central Act 45 of 1860) and for the purpose of section 196 of the said Code.
Explanation.-For the purpose of this section "trader" means an entrepreneur or industrialists or industrial institutions, who converts the agricultural products produced by the farmers into value added products.
10. Members shall take insurance policy.- The members shall join the insurance scheme as decided by the Board.
11. Constitution of the Board.- (1) On the commencement of this Act, the Government may, by notification in the gazette, constitute a Board by name the 'Kerala Farmers' Welfare Fund Board' for the administration and management of the Fund and to supervise and implement the functions of payment of financial assistance from the Fund and related activities.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and common seal and shall in the said name sue and be sued.
(3) The Government shall, by notification in the gazette, nominate a person having proficiency in agricultural sector as Chairperson of the Board.
(4) In addition to the Chairperson, the Board shall consists of the following directors, namely:-
(i) Agricultural Production Commissioner ;
(ii) Secretary, Agriculture Department or an Officer not below the rank of Joint Secretary in Agriculture Department;
(iii) Director, Agriculture Development and Farmers' Welfare Department;
(iv) Director, Animal Husbandry Department;
(v) An Officer not below the rank of Joint Secretary in Finance Department;
(vi) An Officer not below the rank of Joint Secretary in Law Department;
24
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
9
(vii) Chief Executive Officer, Kerala Vegetable and Fruits Promotion Council (VFPCK);
(viii) An expert from Agricultural sector, nominated by the Government;
(ix) Fourteen members representing farmers, nominated by the Government; of whom, minimum two shall be women farmers, one farmer each from scheduled caste and scheduled tribe one shall be a representative of younger farmers and one shall be a representative of paddy farmers;
(x) Chief Executive Officer- Member Secretary
(5) The following officers shall be there for the administration of the Board, namely:-
(i) Chief Executive Officer, he shall be an officer from the cadre of All India Service or Kerala Administrative Service or not below the rank of Joint Director in Agriculture Department;
(ii) Joint Chief Executive Officer, he shall be from the post of Deputy Director, Agriculture Department;
(iii) Assistant Chief Executive Officers, they shall be from the cadre of Assistant Director of Agriculture Department and shall function at the three Regional levels;
(iv) Administrative Officer, he shall be from the post of Under Secretary to Government;
(v) Finance Officer, he shall be from the post of Under Secretary, Finance Department.
(6) The limit of amount to be spent for the administrative expenses of the Board from the Fund shall be ten percent of the contribution.
(7) The Board shall administer the Fund vested in it, in such manner as specified in the Scheme.
(8) The Board may, with the prior approval of the Government and subject to such restrictions and conditions as it may specify, delegate the powers and functions under this Act or Scheme to the Chairperson or to the Chief Executive Officer of the Board or to any officers or employees authorised under sub-section (1) of section 15, as it may consider necessary for the efficient administration of the Fund.
12. Meetings of the Board.- (1) The Board shall meet at least once in three months to transact its business.
(2) The quorum for a meeting of the Board shall be three Official Directors and six non-official Directors including the Chairperson.
25
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
10
(3) In the absence of the Chairperson, a Director elected from among the Directors present at the meeting shall preside over the meeting of the Board.
(4) Any matter coming up before a meeting of the Board shall be decided by a majority of votes of the Directors present at the meeting and in the case of equality of votes, the Chairperson who is presiding over or the Director who is presiding over the meeting, shall have a right of casting vote.
13. Term of office of the Directors .—(1 ) A non-official Director appointed under sub-section (4) of section 11 shall hold office up to three years from the date on which he assumed duty.
. (2) Notwithstanding anything contained in section 14, the Government may, at any time, showing reasons to be recorded in writing, remove any Director of the Board, after giving him a reasonable opportunity of showing cause against the proposed removal:
Provided that it shall not be necessary to record the reason for removal in writing or to give an opportunity of showing cause against the removal, if the Government is of opinion that it is not expedient in the public interest, to record the reasons in writing or to give such opportunity.
(3) Any Director may resign his office by giving a letter in writing to the Government and the same shall come into force on the date of acceptance of the resignation letter by the Government.
14. Disqualification and removal of non-official Directors.—(1)If a non-official Director of the Board,-
(a) becomes a person of unsound mind;
(b) is adjudged as undischarged insolvent;
(c) has been convicted for an offence involving moral turpitude and is sentenced for imprisonment;
(d) in the opinion of the Government is ineligible to function as a Director of the Board or has become incapable or has abused his position as Director and his continuance as such is detrimental to public interest; or
(e) does not attend three consecutive meetings of the Board, without its permission,
Government may remove him from the said official position, finding that he is ineligible to continue in that position:
Provided that before removing a Director of the Board under clause (e), he shall be given a reasonable opportunity to show cause why he should not be removed.
26
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
11
(2) A non-official Director removed from the Board under clause (e) of sub-section (1) shall be disqualified for being nominated as a Director for a period of one year from the date of his removal.
15. Appointment of officers and employees.- (1) The Government may, for assisting the Board in performing the duties and functions of the Board under this Act and the Scheme, appoint a Chief-Executive Officer and officers specified in sub-section (5) of section 11, on deputation basis and appoint such other officers and staff as may consider necessary, directly and authorise other officers and employees including Agricultural Officers in Agriculture Department, by order.
(2) Subject to the provisions of sub-section (3), the method of appointment, salary, allowances and other conditions of service of other officers and employees appointed under sub-section (1), shall be determined by the Board with the approval of the Government.
(3) The provisions of clauses (a), (b) and (c) of rule 14 and the provisions in rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958 as amended from time to time shall be complied, mutatis mutandis in the case of appointment through direct recruitment to the posts in the services under the Board.
16. Sitting fees, travelling allowance and daily allowance to the Directors of the Board.- The sitting fees, travelling allowance and daily allowance for the non - official Directors of the Board shall be at such rates as may be specified in the Scheme.
17. Remittance of contribution.- (1) Every farmer who is a member of the Fund shall pay the amount to be paid to the Fund in time.
(2) Every farmer shall remit the contribution payable to the Fund under section 8, through online or by other manner specified in the scheme and it shall be the duty of Agricultural Officer concerned to remit such remitted amount to the Fund in the manner specified in the scheme.
18. Kerala Farmers' Welfare Fund Stamp.- (1) The Board may print in Government press, stamps of the value not exceeding fifty rupees, in such form and manner, as may be prescribed and stamped as "Kerala Farmers' Welfare Fund Stamp" as decided by it with the prior permission of Government.
(2) On the recommendation of the Board, the Government may issue order directing to affix the Farmers' Welfare Stamp in specified categories of applications submitted to various offices or institutions of the Government and in the specified categories of certificates, records and other documents issued by such offices or institutions as fixed by the Government.
(3) The stamps printed as per this section shall be under the custody of the Board and the distribution and sale of the stamp shall be in such manner as may be prescribed.
27
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
12
19. Power to summon witnesses and take evidence.- (1) The Board shall, for the purposes of inquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:-
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses.
20. Bar on jurisdiction of Civil Courts.- No Civil Courts shall have jurisdiction to settle, decide, deal with any question or to determine any matter which is by or under this Act or the Scheme required to be settled, decided or dealt with or to be determined by the Government or the Board or the Chief Executive Officer or any other officer authorised by the Board.
21. Directors of the Board etc. to be Public Servants.- Every Director of the Board, Chief Executive Officer, other officers and employees of the Board appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
22. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against any Director of the Board or the Chief Executive Officer or any other officers in respect of anything which is in good faith done or intended to be done under this Act or Scheme.
23. Power of the Board to borrow.- The Board may, from time to time, with the previous approval of the Government and subject to such terms and conditions as may be specified by the Government, borrow money for the purposes of the Fund.
24. Directions of the Government.-(1) The Government may issue general directions to be followed by the Board.
(2) While exercising the powers and performing its duties under this Act, the Board shall not depart from any general directions issued under sub-section (l), except with the prior sanction of the Government.
25. Power to supersede Board.- (1) If the Government is satisfied 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 Government may, by notification in the Gazette, supersede the Board for such period not exceeding six months, as may be specified in the notification.
(2) In the case of supersession of the Board under sub-section (1) the Government may appoint Administrator for the administration of the Board.
28
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
13
26. Audit of the Accounts of the Fund.- (1) The Board shall appoint Auditors to audit the accounts of the Fund.
(2) The accounts of the Fund shall be examined and audited by such auditors once in every year.
(3) Government may, in respect of the audit report, or further proceeding, as it deems proper, may further examine the audit report through Accountant General.
27. Annual Report and Audited Statement of Accounts.—(1) The annual report of the Board shall be prepared by the Chief Executive Officer, under the directions of the Board, and after approval by the Board, a copy of the report together with the audited statement of accounts shall be submitted to the Government within six months after the expiry of every financial year.
(2) The Government shall, as soon as the annual report submitted under sub-section
(1) is received, cause the same together with the audited statement of such accounts to be laid before the next session of the Legislative Assembly immediately follows.
28. Power to make Rules.- (1) The Government may, by notification in the Gazette, make rules either prospectively or retrospectively for carrying into effect the provisions of this Act and for all other purposes of the Scheme.
(2) Every rule made under this Act shall be laid, as soon as 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 comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any amendments in the rule or decides that the rule should not be made, the rule shall, thereafter, have effect only in such amended form or be of no effect, as the case may be. However, that any such amendment or annulment shall be without prejudice to the validity of anything previously done under that rule.
29. Provisions for the transfer of fund from Kissan Abhiman Scheme.- (1) Notwithstanding anything contained in any other law for the time being in force, from the date notified by the Government for this purpose, all amounts in the credit of the existing Kissan Abhiman Scheme for the payment of pension to the small scale marginal farmers shall stand transferred to and credited to the Fund.
(2) All the rights and disputes regarding the 'Kissan Abhiman Scheme' may be decided by the Board.
(3) From the date on which the Fund is transferred as per sub-section (1), the amount given by the Government annually for disbursing pension to the members of Kissan Abhiman Scheme shall be disbursed through Board.
29
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/
14
SCHEDULE
[See Section 3(7)]
1. The manner of administration of fund by the Board (including the making of bye-law)
2. Registration of farmers.
3. The time and manner in which the contribution to be made to the fund by the farmers and the manner in which the contribution to be realised.
4. The constitution of any committee for assisting the Board.
5. Duties of the Chief Executive Officer.
6. The manner in which accounts shall be maintained, the investment of money in the Fund in accordance with any directions issued or conditions specified by the Government, preparation of Budget, the audit of accounts, further actions to be taken on audit report, submission of report to the Government etc.
7. The form in which a member shall furnish the particulars about himself and his family whenever required.
8. The conditions under which withdrawal from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture.
9. The manner of nominating a person to receive family pension on the death of a member, or cancellation or variation of such nomination.
10. The registers and records to be maintained in respect of the members and the returns to be filed.
11. Form of identity card for the purpose of identifying the member of the Fund, its issue, custody and replacement.
12. Fees to be levied for any of the purposes specified in the schedule.
13. The additional powers, if any, which may be exercised by the officers, appointed under this Act.
14. The purposes for which the Fund may be utilised.
15. The procedure for defraying the expenditure incurring in the administration of the Fund.
16. The matters for which the fund may be utilised for the welfare of the members or their dependents.
17. Headquarters of the Board, daily allowance of the Board Members, Travelling Allowance, Honorarium etc.
18. Any other matter to be provided in the scheme or necessary for implementing the scheme.
30
This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ ____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2019
15