Keyword(s):
Contribution, Cashew Factory, Employer, Fund, Wages

THE KERALA CASHEW WORKERS RELIEF AND WELFARE FUND ACT, 19791
(Act 19 of 1984)
An Act to provide for the constitution of a fund to grant relief to and to promote the welfare of, employees in
cashew factories the State of Kerala.
Preamble.-WHEREAS it is expedient to provide for constitution of a fund to grant relief to, and to promote
the welfare of, employees in cashew factories in the State of Kerala;
BE it enacted in the Thirtieth Year of the Republic of India as follows:-

  1. Short title, extent, commencement and application.-(1) This Act may be called the Kerala Cashew
    Workers Relief and Welfare Fund Act, 1979.
    (2) It extends to the whole of the State of Kerala.
    (3) It shall come into force on such date as the Government may, by notification in the gazette,
    appoint.
    (4) It shall apply to all cashew factories registered and licensed in the State of Kerala Under the
    Factories Act, 1948 (Central Act 63 of 1948).
  2. Definitions.-In this Act, unless, the context otherwise requires,-
    (a) Board means the Kerala Cashew Workers Relief and Welfare fund Board constituted under section 7;
    (b) contribution means the contribution payable by the employer or employee 2[or the Government]
    under the scheme;
    (c) cashew factory means a factory wherein processing of cashewnuts is being carried on and which is
    registered and license under the Factories Act, 1948 (Central Act 63 of 1948);
    (d) employer means any person who employs, whether directly or through another person or whether on
    behalf of himself or any other person, one or more employee or employees and includes any person
    who has a licence for the construction of extension of a cashew factory under the Factories Act, 1948
    (Central Act 63 of 1948) and the rules made thereunder;
    (e) employee means any person who is employed in any cashew factory for wages for processing
    cashewnuts and who gets his wages directly or indirectly from the employer and includes-
    (i) any person employed by or through a contractor or through an agent in or in connection with the
    processing of cashewnuts; and(ii) clerical and other staff employed in connection with the processing of cashewnuts;
    (f) Fund means the Kerala Cashew Workers Relief and Welfare Fund established under the scheme;
    (g) member means any employee who contributes to the Fund;
    (h) processing, with reference to cashewnuts, means loading, unloading, transporting, stacking,
    unstacking, soaking, roasting, shelling, frying, peeling, grading, filling, packing or otherwise treating
    or adapting cashewnuts, with a view to their use, delivery, sale or other disposal, and includes work
    connected with the maintenance of processed cashewnuts;
    (i) scheme means the scheme framed under this Act;
    (j) State means the State of Kerala;
    (k) wages means all remuneration paid or payable to an employee for work done or services rendered by
    him and includes leave and holiday wages paid or payable to him under any law or agreement for the
    time being in force, but does not include overtime allowance, bonus and commission.
  3. Kerala Cashew Workers Relief and Welfare Fund.- (1) The Government may, by notification in the
    Gazette, frame a scheme to be called the Kerala Cashew Workers Relief and Welfare Fund Scheme for the
    establishment of a Fund under this Act and there shall be established, as soon as may be after the framing of
    the scheme, a Fund to be called the Kerala Cashew Workers Relief and Welfare Fund, in accordance with
    the provisions of this Act and the scheme.

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