The Kerala Lottery Agents' and Sellers Welfare Fund Act

THE KERALASTATE LOTTERY AGENTS’ AND SELLERS’ Preamble Sections I wo Oo YD DR A BR Ww 10 11 12 13 14 1S 16 34/19/2011/0TP WELFARE FUND ACT, 2008 (Act 2 of 2009) CONTENTS Short title and Commencement Definitions The Kerala State Lottery Agents’ and Sellers’ Welfare Fund Scheme Contribution to the Fund Modnfication of the Scheme Constitution of Board Meeting of the Committee Term of office of the members of the Board Disqualification and removal of non-offictal members Travelling and daily allowance to members of Board Appointment of Officers and Staff Power of the Board to borrow Non-official Members of Board, to be public servants Protection of action taken in good faith Directions by Government Power to order mquiry Power to supersede Executtrve Committee 18 19. 20. 21. 23. 24 Audit of Accounts of the fund and appomtment of auditors Annual report and audited statement of accounts Bar on Jurisdiction of Civil Courts Power to summon witness and take evidence Special provistons for the transfer of Fund from the Kerala State Lottery Agents’ Welfare Fund Power to make rules Repeal and Saving Schedule e l a n e t i ACT 2 OF 2009 ME KERALASTALFE LOTTERY AGEN IS’ AND SELLERS’ WELFARE FUND ACT, 2008* An Act to provide for the constitution of a Fund for promoting the welfare of and to grant reltef to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala in the State of Kerala and foi other matters connected therewith or incidental thereto Preamble —Wurrras, it 1s expedient to provide for the constitution of a Fund for promoting the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Scllers of the Government of Kerala in the State of Kerala and other maticrs connected therewith or incidental thercto, Br it enacted in the Fifty-ninth Year of the Republic of India as follows — 1. Short title and commencement.-~(1) This Act may be called the Kerala State Lottery Agents’ and Sellcrs’ Welfare Fund Act, 2008; (2) It shall be deemed to have come into force on the 12th day of July, 2008. 2 Definitions —1n this Act unless the context otherwise requires,— (a) “Board” mcans the Kerala State Lottery Agents’ and Sellers’ Welfare lund Board consttuted under sub-section (1) of section 6, (b) ‘Identity Card’ means the Identity Card issued to the lottery agents/scliers from the Board, (c ) ‘Chief Executive Officer’ means the Chief Executive Officer under sub-section (5) of section 6; (d) ‘Contribution’ means the amount payable to the Fund under sub-sections (1) and (3) of scction 4; (c) ‘Director of Lottcrics’ means the Dircctor of the Kerala State Lotterics Department, (f) ‘District Lottery Officer’ means the District Lottery Officer of the Kerala State Lotterics Department for the concerned Revenue District; * Received the assent of the Governor on 3rd day of January 2003 and published im the Kerala Gazctte Extraordinary No 27 dated Sth January 2009 8 (g) ‘District Welfare Officer of Lottery’ means the officer being appointed under section !1 and officially designated for the District level administration of the Scheme, (h) ‘Family’ means, Wife or husband, minor sons and unmamicd daughters of a lottery agent/scller and includes his father, mother, mentally or physically disabled children who arc dependent on the lottcry agent/seller and in the absence of such dependants, major son and marned daughter, (1) ‘Fund’ means the Kerala State Lottery Agents’ and Sellers’ Welfare Fund established under section 3, ()) ‘Government’ means the Government of Kerala, (k) ‘Lottery Agent’ means an individual to whom an agency has been issued by the District Lottery Officer in the State of Kerala for sale of the paper lottery of the Government of Kerala and 1s holding a valid identity card issued under the Scheme and docs not include a company, a firm, an association of individuals or a co-operative socicty, (1) ‘Lottery Seller’ means, a person who sclls paper lottery tickets of the Government of Kerala, (m) ‘Member’ means a lottery agent or lottery seller cnrolicd as a member in the Fund and 1s holding a pass book issued under the Scheme, (n) ‘Notification’ means a notification published in the Kerala Gazette, (0) ‘Paper Lottery’ means any lottery other than on-line lottery, conducted by the Government of Kerala in accordance with the provisions of the Lottencs (Regulation) Act, 1998 (Central Act, 17 of 1998), (p) Prescribed’ mcans presenbed by the Rules made under this Act, (q) ‘Scheme’ means the Kerala State Lottery Agents’ and Sellers’ Welfare Fund Scheme framed under section 3, (r) ‘Specified’ means specified in the Scheme, (s) ‘State Welfare Officer of Lottery’ means the officer appointed under section 11 to assist the Chicf lxccutive Officer, (t) ‘Year’ means the financial year, Nw of a o e : e n t a om “ae -€ 9 3 The Kerala State Lottery Agents’ and Sellers’ Welfare Fund Scheme —(1) As seon as after the commencement of this Act, the Government shall, by notification in the Gazetic, frame a Scheme to be called the “tthe Kerala State Lottery Agcnts’ and Sellers’ Welfare Fund Scheme” and after the framing of the Scheme, constitute a Fund to be called the “Kerala State Lottery Agents’ and Sellers’ Welfare Fund” in accordance with the provisions of this Act and the Scheme, (2) Subjcct to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule, (3) Those lottery agents and sellers who scl] Kerala State Lottery uckets atleast for the prescribed mintmum amount in a month shall alone be, cligible to become a member of the Fund, Explanation —Whilc calculating the amount of Kerala State Lottery tickets to be sold by the lottery agents and scllcrs for continuing as a member in the Fund, the tri-monthly average of the said amount shall be taken into account (4) lhe following shall be credited to the Fund, namely — (a) contributions under section 4, (b) the amount borrowed by the Board under section 12, (c) grants or advances given by the Government or an Institution, (d) any kind of donation or amount remitted, (¢) any amount raised by the Board from other sources to augment the resources of the Fund, (f) any fee levied under the Scheme, (g) any othcr amount available on the date of constitution of the Fund under the provisions of the Scheme as provided in the Kerala State Lottery Welfare lkund Scheme, 1991, (h) any other amount to be credited to the Fund under the provisions of the Scheme (S) Lhe Fund shall vest un the Board and be administered by the Board (6) The Fund may be utilized for all or any of the following purposes, namely — 10 (a) for the payment of pension to the members who had completed fifty-five years of age and had remitted contribution for not less than ten years Explanation —Those persons who had completed sixty years of age and was a lottery agent or sclier for atleast five years before the commencement of this Act and 1f he remits contribution tor a period of one year as member under the provisions of the Scheme, he will become eligible for a special pension (b) for the payment of family pension on the death of a member who had remitted contribution for not less than ten years, * (c) for the payment of financial assistance on the death of a member due to illness or accident, (d) for the repayment of the contribution amount remitted by the members with interest as may be prescribed, to those who suffer from permanent physical disability incapacitating him to do work or on the cessation of membership in the Welfare Fund, (ce) for the payment of financial assistance to mect the expense towards medical treatment of the members affected with scrious discasc, (f) for the payment of financial assistance for the purpose of marriage of the members and daughtcrs of the members 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 with their employment, or for the construction of dwelling house or for the maintenance or renovation of the house or for the purchase of land for the construction of house or for the purchase of Jand and building and for the education, including higher education, of the children of the members, (h) for the payment of special rclicf to the members who suffers from physical disability, (:) any other purpose spccificd in the Scheme, (j) for the day to day administrative expenses of the Board (7) The Scheme framed undcr sub-scction (1) shall be laid, as soon as may be after it 1s framed, before the I-cgislative Assembly while it Ww 1] 1s in session for a total’ period of fourteen days which may be comprised in One session or in two successive sessions, and 1f, before the expiry of the session in which it 3s so laid or the session immediately following, the Legislatwe Assembly makes any modification in the Scheme, the Scheme shall, thereafter have effect only in such modified foim, so however, that any such modification shall be without prejudice to the validity of anything previously donc under the Scheme 4. Contribution to the Fund — (1) Every Lottery Agent and Lottcry Seller, as the casc may be, who 1s cligible to become a “member shall subscribe rupecs fifty per month as contribution to the Fund; (2) The Government may, by notification in the Gazette, from time to time revise the rate of contnbution referred to in sub-section (1) taking into account the amount required for the mangement of the Scheme (3) The Government shall contribute one per cent of the total sale proceed of lottery uckets collected through the Kerala State Lotteries Department to the Fund every year. The rate of contribution of the Govemment may be modified from time to time and reccommend the due appropriation in the Budget proposals (4) The contribution shall be pard to the Chief Executive Officer or other officers authorized in this behalf in the manner specificd in the Scheme (5) The non-payment of contribution by any member for a continuous period of six months will result in Joss of membership suo motu Provided that the Board shall, for reasons appears to be reasonable to the Board, have the power to restore the membership S Modification of the Scheme —-(1) fhe Government may, by noufication in the Gazcttc, add to or amend the Scheme framed under this Act, cither prospectively or retrospectively (2) Every notification under sub-section (J) shall be jaid as soon as may be, after it is 1ssucd, before the Legislatrve Assembly whilc it 1s in session for a total period of 14 days, which may be comprised in one scssion o1 in two successive sessions, and if, before the expiry of the session in which it 1s so laid or the session immediately following, the 12 Legislative Assembly agrees in making any modification in the notification or decides that the notification should not be issued the nottfication shall thereafter have effect only in such modificd form or be of no effect, as the case may be 6 Constitution of Board-—<{1) The Government may, by notification constitute with effect from such datc as may be specified therein, for the administration of the Fund and for the management of the Scheme and to supervise and to implement the connccted activitics constitute a Board to be called the “Kerala State Lottery Agents’ and Sellers’ Welfare | und Board” (2) The Board shall be a body corporate by the name “Lottery Agents and Sellers Welfare Fund Board” having perpetual succession and a common scal and shall by the said name, suc and be sucd (3) The Board Shalf consist of four official members represcnting the Government and seven non-official members representing the beneficiaries of the Scheme as may be nominated by the Government as heremafter provided — (a) The Secretary to Government, laxcs Department, (b) The Director of State Lotteries, (c) A representative from the Finance Department not below the rank of a Jomt Secretary nominated by the Government, (d) A representative from the Labour Department not below the rank of a Jomt Secretary nominated by the Government, (ec) Seven non-official members representing the Lottery Agents and Sellers nominated by the Government (4) Government shall nominate a member from among the members of the Board as its Chairman (5) The Director of State Lottcrics shall be the Chicf Exccutive Officer (6) The Board shall administer the lund vested im it in such manner as may be specificd in the Scheme, (7) The Board may with the previous approval of the Government, delegate to the Chairman or to the Chief Exccutive officer ~ 3d 13 such of ils powers and functions under this Act or thc Scheme as it may consider necessary, for the effective management of the Fund, subjcct to such restrictions and conditions, as 11 may deem fit 7 Meeting of the Commutee ~-(1) lhe Board shall mect at least once in three months to transact its business, (2) Six members of the Board including at Icast two official members shall form the quorum for a meeting of the Board, (3) The Chairman or 1n his abscntc, a member clected from among the members prescnt at the mccting, 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 the membcrs present and voting at the mecting and, in the casc of any cquality of votes, the Chairman or the member presiding over the mecting shall have nght for a casting vote 8 Term of office of the members of the Board --{1) Yhe non-official members appointed under sub-section (3) of scction 6 shall hold office for a period of three years with effect from the date of the notification constituting the Board, (2) Any non-official member may resign his membership by giving nolice in wiiting to the Government, but shall continue to hold office until his resignation 1s accepted by the Government (3) Government may at any time, for reasons to be recorded in writing, remove from office any official member, 1f the Government are of the opinion that, in public interest, 1 1s not fair to allow such member to continue in office 9 Disqualification and removal of non-official members — (1) The Government may remove any non-official member of the Board from office,— (a) 1f he 1s of unsound mind, (b) if he 1s adjudged as insolvent, (c) 1f he has, without the permission of the Board, bcen absent in threc consccutive mectings, and (d) if in the opimon of the Government, he is not suitable or has become incapabic of acting as a member or has so abused his position as a member as to render his continuance as such member detrimental to the public intercst 14 Provided that before removing a member under this sub-section he shall be given a reasonable opportunity to show causc why he should not be removed. (2) A non-official member of the Board removed under clause (c) of sub-section (1), shall be disqualificd for re-appointment as a member of the Board for a period of three years from the date of his removal unless otherwise ordered by the Government, (3) A non-official member of the Board removed under clause (d) of sub-section (1) shall not be chgible for re-appointment until he 1s declared by an order of the Government to be no longer meligible 10. Travelling and daily allowance to members of Board —-The nominated members of the Board shall be chgible to get sitting fec, travelling allowance and daily allowance at such rate as may be prescribed 11 Appointment of Officers and Staff~ {1} Government may appoint a State Welfare Officer of Lottery, such number of District Welfare Officers of Lottery and other staff on deputation from the Kerala State Lotteries Department for assisting the Chicf Pxecutive Officer in implementing the provisions of this Act, (2) The Chief kxecutive Officer of the Board shall be responsible for implementing the decisions of the Board 12 Powe) of the Board to borrow --\he 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 13 Non-offictal Members of Board, to be public servants — Every non-official Member of the Board, shall be decmed to be a public servant within the meaning of section 21 of Indian Penal code (Central Act 45 of 1860) 14 Protection of action taken in good faith -—No suit or other legal proceeding shall lic against any member of the Board or any other person assisting the Board in the discharge of its functions and dutics in respect of anything which 1s in good faith donc or intended to be donc under this Act or under the Scheme £5 Directions by Government —-The Government may from time to time give directions to the Board and the Board shall be liable for its implementation Ww e A hs 15 16 Power to oder ingury —(\) The Government may at any time, appoint an officer not below the rank of an Additional Sccretary to Government 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 cnquiry and furnish to him such documents. accounts and information in the possession of the Board as he may require . 17 Power to supersede Executive Committee — (1) If on consideration of the report under section 16 or otherwise, the Government arc of opinion that the Board has persistently made default in the performance of the dutics 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 noufication Provided that before issuing a notification under this sub-section, the Government shall give a reasonable opportunity to the Board to show causc why it should not be superseded and shall consider the explanations and objcctions, if any, of Board (2) Upon the publication of notification under sub-scction (1),— (a) all the members of the Beard shall, from the date of such publication, vacate their offices as such members, (b) all the powers and dutics which may be exercised or performed by the Board shall, during the pcriod of supersession be exercised or performed by such officer or officers as may be specified in the notfication, (c) all funds and other propertics vested in the Board shall, during the penod of supersession, vest in the Government (3) On the expiration of the period of supersession specified in the notification issucd under sub-section (1), the Government shall constitute the Board in the manner provided in scction 6 18 Audit of Accounts of the Fund and appointment of auditors — (1) The Board shall appoint such auditors to audit the accounts of the Fund in such manner as may be prescribed, 16 (2) The accounts of the Fund/Scheme shall be audsted once in every year by such auditors 19 Annual report and audited statement of accounts — (1) The annual report of the Fund/Scheme shall be prepared under the direction of the Board and aftcr approval by the Board, a copy of the report together with audited statement of accounts shall be submitted to Government before the end of July every year, (2) The Government shall, as soon as the annual report 1s received, cause the same together with the auditcd statement of accounts to be laid before the Legislative Assembly 20 Bar on Jurisdiction of Cril Courts — No Civil Court shall have Jurisdiction to settle, decide or deal with any question or to determine any matter which 1s by or undcr this Act or the Scheme required to be settled, decided or dealt with or to be determined by the Govemment or the Board or the Chicf Executive Officer or any officer authorised by the Board 21 Power to summon witness and take evidence —\he Board shall, for the purposes of enquiry under this Act have the same powers as arc 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 persons or cxamining him on oath, (b) requiring to find out and to produce documents, (c) receiving evidence on affidavit , and (d) engaging Commission for cxamining witnesscs 22 Special provisions for the transfer of Fund from the Kerala State Lottery Agents’ Welfare Fund —(1) Notwithstanding anything contained in any other law for the time being in force on the date of coming into force of this Act, the sum standing to the credit of a member in the Kerala State Lottery Agents’ Welfare Fund, 1991 shall stand transferred to and credited to the lund established under this Act and the lability of such member to pay contribution to the Kerala State Lottery Agents’ Welfare Fund, shall ccase from such date 17 (2) All claims in respect of such schemes shall be determined and disbursed by the Board constituted by this Act 23 Power to make rules —{1) The Government, may, by notification, make rules either prospectively or retrospectively for the purpose of carrying into effect the provisions of this Act (2) Livery rule made under this Act shall be laid, as soon as may be after it 1s made, before the Legislative Assembly while it 1s in session for a total period of fourtecn days which may be comprised in one scssion or in two successive sessions, and, if, before the expiry of the session m which it 1s so lasd or the scssion immediatcly following, the Legislative Assembly makes any modification in the rule or decidcs that the rule should not be made, the rule shall thereafter have cffect only in such modi:ficd 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 24 Repeal and Saving -- (1) The Kerala State Lottery Agents’ and Sellers’ Welfare lund Ordinance, 2008 (33 of 2008) 1s hereby repealed (2) Notwithstanding such icpeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act SCHEDUI i [See Section 3(2)] MATIERS FOR WHICH PROVISIONS MAY BE MADE IN THE SCHEME 1} Ihe manner in which the Fund 1s to be administered by the Board 2 Registration of lottery agents and scllers 3 ‘The tame and manner in which contribution shall be made to the Fund 4 [he manner in which the contribution may be recovered from different sectors 5 The constitution of any committce for assisting the Board. 18 6 The manner in which accounts shall be kept, the investment of money belonging to the Fund in accordance with any directions issued or conditions specified by the Government, the preparation of the budget, the audit of accounts and the submission of rcports to Government. 7. 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 forfciture 8 The form in which a member of the J und shall furnish particulars about himself and his family, whenever required 9 The nomination of a person to reccive the benefits of a member from the Fund on his death and verification and cancellation of such nomination 10, The registers and records to be maintained with respect to members 11 The form and design of the identity card for the purpose of identifying any member of the lund and for the issuc, custody and replacement of the same. 12 The fees to be levied for any of the purposes specified in the Schedule 13. The manner in which the sum transferred under section 2? 1s to be brought and credited to the Fund 14. The matters for which the und may be utilized for the welfare of membcrs or their dependants 15 The procedure for defraying the expenditure to be incurred in the administration of the Fund. 16 The procedure for paying the benefits, grants, advances ctc , from the Fund 17 Any other matter which 1s necessary or proper for implementing the Scheme t w