Kerala Motor Transport Workers Welfare Fund Act, 1985
No: 21 Dated: Aug, 16 1985
Kerala Motor Transport Workers Welfare Fund Act, 1985
(Act 21 of 1985)
An Act to provide for the constitution of a Fund to promote the welfare of motor transport workers in the State of Kerala.
Preamble. - Whereas it is expedient to provide for the constitution of a Fund to promote the welfare of motor transport workers in the State of Kerala.
Be to enacted in the Thirty sixth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This act may be called The Kerala Motor Transport Workers Welfare Fund Act, 1985
(2) It extends to whole of the State of Kerala.
(3) It shall be deemed to have come into force from the 27th day of June, 1985
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Board" means The Kerala Motor Transport Workers Welfare Fund Board constituted under section 6;
(b) "Chief Executive Officer" means the Chief Executive Officer appointed under sub-section (1) of section (7);
(c) "contribution" means a contribution payable in respect of a member under the scheme;
(d) "employee" means a person who is employed for wages in a Motor Transport undertaking directly or through an agency to work in a professional capacity on a transport vehicle or to attend to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time keeper, watchman, or attendant,
[(e) "employer" means in relation to any motor transport undertaking, the registered owner or the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such other person;]
(f) "Fund" means the Kerala Motor Transport Workers Welfare Fund established under the scheme;
(g) "member" means the member of the Fund and includes any person eligible to become a member of the Fund;
(h) "motor transport undertaking" means a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward and includes a private carrier;
(i) "prescribed" means prescribed by rules made by this Act;
(j) "scheme" means the scheme framed under this Act;
(k) “wages” means all emoluments which are earned by an employee while on duty or on leave with wages in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include—
(i) the cash value of any food concession;
(ii) overtime allowance, bonus and commission;
(l) all other words and expression used but not defined in this Act and defined in the Motor Vehicles Act, 1939 (Central Act 4 of 1939), shall have the meanings respectively assigned to them in that Act