ORDINANCE NO.6 OF 2008
THE KERALA HANDLOOM WORKERS' WELFARE FUND
(AMENDMENT) ORDINANCE, 2008

AN
ORDINANCE

  further to amend the Kerala Handloom Workers' Welfare Fund Act, 1989.

               Preamble.- WHEREAS, the Kerala Handloom Workers' Welfare Fund(Amendment) Ordinance, 2008 (3 of 2008) was promulgated by the Governor of Kerala on the 15th 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 Handloom Workers' Welfare Fund (Amendment) Ordinance, 2008.
                   (2) It shall be deemed to have come in to force on the 16th day of January, 2008.                    

             2.  Act 2 of 1989 to be temporarily amended.-During the period of operation of this Ordinance the Kerala Handloom workers’ Welfare Fund Act, 1989 (2 of 1989) , (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3,4  and 5.

            3.  Amendment of section 3.-In the principal Act, in clause (a) of sub-section (4) of section 3,-
              (1)  in sub-clause (i), for the words, “sixty years”, the words, “fifty-eight years” shall be substituted;
              (2)  in sub-clause (ii), for the words, “sixty years”, the words, “fifty-eight years” shall be substituted.

           4.  Amendment of section 5.-In sub-section (1) of section 5 of the principal Act, after the word, “scheme”, the words, “either prospectively or retrospectively” shall be inserted.

           5. Special provision for giving pension to the handloom workers’ who happened to be retired at the age of 58.-Notwithstanding anything contained in the Kerala Handloom Workers’ Welfare Fund Act, 1989, handloom workers who happened to be retired at the age of 58 by any reasons, shall have eligibility for the pension, but they have no eligibility for pension arrears.

          6. Repeal and Saving.-  (1)  The Kerala Handloom Workers' Welfare Fund (Amendment) Ordinance, 2008 (3 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.