the karnataka toddy workers' welfare fund act, 1981 - [dpal.kar.nic.in ...

6the staff of the Board appointed under this Act shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code.13. Penalty, etc.- (1) Whoever for the purpose of avoiding any payment to be madeby himself under this Act or under the Scheme or for the purpose of enabling any otherperson to avoid such payment knowingly makes or causes to be made any falsestatement or false representation shall be punishable with imprisonment for a term whichmay extend to three months or with fine which may extend to five hundred rupees or withboth.(2) Whoever contravenes or makes default in complying with any of the provisions ofthis Act or of the Scheme shall, if no other penalty is elsewhere provided by or under thisAct for such contravention or non-compliance, be punishable with imprisonment for aterm which may extend to three months or with fine which may extend to five hundredrupees or with both.(3) No court shall take congnisance of any offence punishable under this Act excepton a report in writing of the facts constituting such offence made with the previoussanction of the State Government or such authority as may be specified in this behalf bythe State Government.14. Offences by companies etc.- (1) If the person committing an offence under thisAct is a company, the company as well as every person in charge of and responsible tothe company for the conduct of its business at the time of the commission of the offenceshall be deemed to be guilty of the offence and shall be liable to be proceeded againstand punished accordingly :Provided that nothing contained in this sub-section shall render any such personliable to any punishment if he proves that the offence was committed without hisknowledge or that he exercised all due diligence to prevent the commission of suchoffence.(2) Notwithstanding anything contained in sub-section (1), where an offence underthis section has been committed by a company and it is proved that the offence hasbeen committed with the consent or connivance of, or that the commission of the offenceis attributable to any neglect on the part of any director, manager, secretary, or otherofficer of the Company, such director, manager, secretary or other officer shall also bedeemed to be guilty of that offence and shall be liable to be proceeded against andpunished accordingly.Explanation.- For the purposes of this section,-(a) "Company" means any body corporate and includes a firm or other association ofindividuals; and(b) "director" in relation to a firm, means a partner in the firm.15. Power to recover damages.- Where an employer makes default in the paymentof any contribution to the fund under this Act, the State Government may recover fromthe employer damages not exceeding twenty five per cent of the amount in arrears asthey may think fit to impose.

716. Directions by the State Government.- The State Government may, afterconsultation with the Board, give to the Board general instructions to be followed by theBoard.(2) In the exercise of its powers and performance of its duties under this Act, theBoard shall not depart from any general instructions issued under sub-section (1),except with the previous permission of the State Government.17. Protection for acts done in good faith.- No suit or other legal proceeding shalllie against any director of the Board or the Chief Welfare Fund Inspector or any WelfareFund Inspector or any other member of the staff of the Board or any person in respect ofanything which is in good faith done or intended to be done under this Act or under thescheme.18. Special provisions for transfer and vesting of welfare funds established bycustom or agreement.- All welfare funds established by custom or agreement beforethe date of commencement of this Act and standing to the credit of any employee on thedate of commencement of this Act shall, notwithstanding anything to the contrarycontained in any law for the time being in force or in any deed or other instrument, standtransferred to and vest in the Fund and shall be credited to the accounts of theemployees entitled thereto in the Fund.19. Bar of jurisdiction of civil court.- No civil court shall have jurisdiction to settle,decide or deal with any question or to determine any mater which is by or under this Actrequired to be settled, decided or dealt with or to be determined by the StateGovernment or the Board or the Chief Welfare Fund Inspector or any Welfare FundInspector.20. Power to make rules.- (1) The State Government may, by notification in theOfficial Gazette, make rules for the purpose of carrying into effect the provisions of thisAct.(2) Every rule made under this Act shall be laid, as soon as may be after it is made,before each House of the State Legislature while it is in session for a total period of thirtydays which may be comprised in one session or in two or more successive sessions andif, before the expiry of the session in which it is so laid or the session immediatelyfollowing, both Houses agree to make any modification in the rule or decides that therule should not be made, the rule shall thereafter have effect only in such modified formor be of no effect as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done underthat rule.21. Amendment of Schedule.- The State Government may, by notification, add anymatter to the Schedule :Provided that no matter unrelated to the objects of this Act shall be so added.

916. The conditions of service, duties and remuneration of officers appointed under thisAct.17. The manner in which any welfare fund vested under section 18 is to be broughtand credited to the accounts of the employees entitled thereto in the Fund.18. The rate of gratuity payable to members and the conditions for such payment.19. The conditions under which any amount due to the Board may be written off.20. Any other matter which is to be provided for in the scheme or which may benecessary or proper for the purposes of implementing the scheme.NOTIFICATIONBangalore, dated 29th September, 1984. [No. SWL, 85 LBW 84]S.O. 1387.- In exercise of the powers conferred by sub-section 2 of section 1 of theKarnataka Toddy Workers Welfare Fund Act 1981 published in part IV-2B of KarnatakaGazette (Extraordinary) dated 8th June, 1984, the Government of Karnataka specifies2nd October, 1984 as the date from which the said Act shall come into force.Karnataka,By order and in the name of the Governor ofH.H. SAITUnder Secretary to Government,Social Welfare and Labour Department.(Published in the Karnataka Gazette (Extraordinary) Part IV- 2C (ii) as No. 550 dated1-10-1984.)*****