ORDINANCE  No. 5 OF  2008
 
THE  KERALA  TAILORING  WORKERS'  WELFARE  FUND
(AMENDMENT) ORDINANCE, 2008

AN
ORDINANCE

to amend the Kerala Tailoring Workers' Welfare Fund Act, 1994.

            Preamble.-  WHEREAS, the Kerala Tailoring Workers' Welfare Fund  (Amendment) Ordinance, 2008 (1 of 2008) was promulgated by the Governor of Kerala on the 3rd day of January, 2008;

          AND WHEREAS, a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of Kerala during its session which commenced on the 20th day of February, 2008 and ended on the 19th day of March, 2008;

          AND WHEREAS,  under sub clause (a) of clause (2) of Article 213 of the Constitution of India the said Ordinance will cease to operate on the 2nd day of April, 2008;

          AND WHEREAS,  difficulties will arise if the provisions  of the said Ordinance are not kept alive;

          AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

            NOW, THEREFORE,  in exercise of the powers conferred by clause(1)  of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance :-

            1.  Short title and commencement.-  (1) This Ordinance may be called the Kerala Tailoring Workers' Welfare Fund (Amendment) Ordinance, 2008.
                  (2) It shall be deemed to have come into force on the 3rd day of January, 2008.

            2.  Act 16 of 1994 to be temporarily amended.-  During the period of operation of this Ordinance, the Kerala Tailoring Workers' Welfare Fund Act, 1994 (16 of 1994)  (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in section 3.

             3.  Amendment of section 7.-  In section 7 of the principal Act,-
                       (a) for sub-section (1) the following sub-section and proviso shall be substituted, namely:-
          "(1)  Every tailoring worker and every self-employed person shall pay twenty rupees each per month and every employer, on the basis of the number of tailoring workers engaged by him, shall pay five rupees each per worker per month respectively as contribution:
          Provided that in the establishments where more than hundred workers are working, it is sufficient for the employer to pay to the fund, three rupees each per worker exceeding hundred, per month.'' ;
                        (b) in sub-section (2), the words ''fifteen rupees including" shall be omitted;
                        (c) after sub-section (4), the following proviso  shall be inserted, namely:-

                   "Provided that where the amount of monthly contribution increases above ten rupees, the Government have no liability to provide grant to the Fund in proportion to such increase.".

                   4.  Repeal and Saving.-  (1)  The Kerala Tailoring Workers' Welfare Fund (Amendment) Ordinance, 2008 (1 of 2008) is hereby repealed.

                   (2)  Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Ordinance.

                                                                                           GOVERNOR.