KERALA FISHERMEN’S WELFARE FUND ACT, 1985
(1) This Act may be called the Kerala Fishermen’s Welfare Fund Act, 1985.
(2) It extends to the whole of the State of Kerala
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
In this Act, unless the context otherwise requires
2[“(a) “allied worker” means any person who is engaged mainly in fishery related activities for his livelihood and who does not come under the definition of the term fisherman in clause (e) of section 2 of the Kerala Fisherman’s Welfare Societies Act, 1980 (7 of 1981) and includes beach workers, small scale fish distributors, fish curers, peeling workers and small scale processing plant workers, who are not members or not eligible to get membership, in any other Statutory Welfare Scheme,”;]
3[(aa)] “Board” means the Kerala Fishermen’s Welfare Fund Board constituted under section 7 ;
4[‘(b) “beac
(1) The Government may, by notification in the Gazette, frame a scheme to be called the Kerala Fishermen’s Welfare Fund scheme for the establishment of the fund under this Act by name “Kerala Fishermen’s Welfare Fund” for the welfare of fishermen and there shall be established, as soon as may be after the framing of the scheme, the fund in accordance with the provision of this Act and scheme.
11[“(1A) Notwithstanding anything contained in sub-section (1), the Government may by notification in the Gazette, frame a scheme, exclusively for allied workers, to be called “the Allied workers Welfare Scheme” under the said Fund and the provisions of sections 5, 16, 17, 18, 19, 21 and the schedule to this Act, shall apply, mutatis mutandis in respect of the said scheme .” ;]
For the purposes of this sub-section “prawn filtration area” means any water logged area, where prawn filtration is carried on
“Prawn Culture Farm” means a farm where prawn, including scampi, are cultured
14[ (5A) In calculating the extent of the area, half hectare and above shall be taken as one hectare and areas below half hectare shall be ignored.
(5B) The owners of fish markets or lessees or licensees or any person claiming, any right or interest, through such owners, or the owners of the ice plants supplying ice, mainly for the processing of fish and the vehicles engaged, mainly for the transportation of fish, shall contribute to the fund every y
Each member shall be entitled to such amount in the fund as may be fixed in accordance with the formula specified in the scheme and entered in the accounts of the fund to his credit.
The Government may, by notification in the Gazette, add to, amend or vary the scheme.
(1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board to be called the Kerala Fishermen’s Welfare Fund Board for the administration of the fund and to supervise and to carry out the activities financed from the fund.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued.
(3) The Board shall consist of the following members, namely,-
(a) Secretary to Government in charge of fisheries ;
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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 scheme.
(1) A member nominated under clause (f) of sub section (3) of section 7 shall, from the date of his nomination, hold office during the pleasure of the Government:-
Provided that the term of office of a member so nominated shall not in any case exceed five years.”]
(2) Any nominated member may resign his membership by giving notice in writing to the Government, but shall continue in office until his resignation is accepted by the Government.
(1) The Government may by notification in the Gazette, remove any non-official member of the Board from office,-
(a) if he has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding three consecutive months or if within the said period less than three meetings have been held, he absents himself from three consecutive meetings:
Provided, however, that such absence may be condoned by the Board before the publication of the notification in the official Gazette;
(b) if he, in the opinion of the Government, is unsuitable or has become incapable of acting as a member or has so abused h
(1) The Board may, with the previous approval of the Government, appoint such staff as it may consider necessary.
(2) Subject to the provisions of sub-section (3), the method of recruitment, salary and allowances and other conditions of service of the staff appointed by the Board shall be such as may be specified by the Board with the previous approval of the Government.
(3) In the case of posts in the service under the Board to which appointment is made by direct recruitment,-
(a) fifteen per cent shall be reserved for appointment from candidates belonging to families of fishermen;
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(1) The Fisheries Officer or any officer of the Board not below the rank of a Sub Inspector of Fisheries authorised by the Board in this behalf may, after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4 an opportunity to be heard, by order, determine the amount due from such person under that section.
(2) The officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as the 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;
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(1) Every person liable to pay contribution under section 4 shall, pending determination under section 12 of the amount due from him, pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount payable annually by him according to the latest determination under the said section :
Provided that the provisions of this Sub-section shall not apply to the payment of contribution by a fisherman or a dealer or the owner of a prawn filtration area or a fish farm for the period of three years from the commencement of this Act under the proviso to sub-section (1) or sub-section (2) or sub-section (5) of section 4 as the case may be.
(2) The advance contribution for a month shall become payable on or before t
Government may, by notification in the Gazette, exempt any dealer, whose annual turnover from fish does not exceed Rs.24,000 per annum, from all or any of the provisions of this Act, subject to such condition as may be specified in the notification.
(1) Any officer of the Board not below the rank of a Fisheries Development Officer authorised by it in that behalf shall have power to peruse the books or registers or other records maintained by a Fishermen’s Welfare Society constituted under the Kerala Fishermen Welfare Societies Act, 1980 (7 of 1981) or to requisition the supply of a copy of any such book or register or other record or of any entry therein as may be specified in such requisition.
(2) The Fisheries Officer shall provide all facilities for the perusal of any book or register or other records by an officer under sub-section (1) and shall comply with any requisition made under that sub-section.
Any amount due from any person under the provisions of this Act or the scheme may be recovered in the same manner as an arrear of public revenue due on land under the Revenue Recovery Act for the time being in force.
(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 not be liable 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 (2 of 1956), shall be entitled to, or have any claim on, any such amount.
(2) Any amount standing to the credit of a member in the fund at the time of his death and payable to his nominee under the scheme shall, subject to any deduction authorised by the scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member.
Where any person liable to pay contribution under section 4 is adjudicated insolvent or, in case where such person is a company, an order for winding up is made, the amount due from such person under the scheme shall, where the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 64 of the insolvency Act, 1955 (2 of 1956) or under section 530 of the Companies Act, 1956 (Central Act 1 of 1956) are to 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, as the case may be.
(1) Whoever for the purpose of avoiding any payment to be made by himself under this Act or under the scheme or for enabling any other person to avoid such payment knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
(2) Whoever contravenes or makes default in complying with any of the provisions of this Act or of the scheme shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non compliance, be punishable with imprisonment for a term which may extend to three months or with fine which may extent to one thousand rupees, or with both.
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(1) If the person committing an offence under this Act is a company, every officer of the company who is in default 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:
Provided that in any proceeding against an officer of the company in respect of an offence under this Act it appears to the court hearing the case that the offence is not attributable to the negligence, default, breach of duty, misfeasance or breach of trust committed by the officer, but that he has acted honestly and reasonably and that having regard to all the circumstances of the case, including those connected with his appointment, he ought fairly to be excused, the court may relieve him either wholly or partly, from his liability on such terms as it may think fit.
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Where any person makes default in the payment of any contribution, the Board may recover from him damages not exceeding twenty-five per cent of the amount of arrear as they may think fit to impose.
No suit or other legal proceeding shall lie against any member of the Board or any other person in respect of anything which is in good faith done or intended to be done under this Act or under the scheme.
(1) The Government may, after consultation with the Board, give to the Board general directions to be followed by the Board.
(2) In the exercise of the powers and performance of its duties under this Act, the Board shall not depart from any general direction issued under sub-section (1) except with the previous permission of the Government.
(1) The Government may, at any time, appoint any person to inquire into the working of the Board and to submit a report to the Government.
(2) The Board shall give the person so appointed all facilities for the proper conduct of the inquiry and furnish to him such documents, accounts or information in the possession of the Board as he may require.
(1) If, on consideration of the report under section 24 or otherwise, the Government are of opinion 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:
Provided that before issuing a notification under this sub-section the Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.
(2) Upon the
The Government shall appoint auditors to the audit the accounts of the board.
(1) The annual report of the Board shall be prepared under the direction of the Board and after approval by the Board, a copy of the report shall be submitted to Government before the end of July every year.
(2) The Government shall, as soon as the annual report is received, cause the same to be laid on the Table of the Legislative Assembly.
The Government may, by notification in the Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
Every rule made under this Act and every notification issued under section 6 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 modification in the rule or notification or decides that the rule or notification should not be made or issued the rule or notification shall thereafter have effect only in such modified form or 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 previously done under that rule or notification
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