Section 11 of Mysore Inams Abolition Act, 2005

From Advocatespedia

Share


You said: How many sections are there in this bare act "Goa, Daman And Diu Toddy Tappers Welfare Fund Act, 1984"? ChatGPT said: ChatGPT The Goa, Daman and Diu Toddy Tappers Welfare Fund Act, 1984 consists of 30 sections. This Act was enacted to provide welfare measures for toddy tappers in Goa, Daman, and Diu, including provisions for the establishment of a welfare fund.

If you need details about specific sections, feel free to ask!




You said: mention them in eleborated form ChatGPT said: ChatGPT The Goa, Daman and Diu Toddy Tappers Welfare Fund Act, 1984 contains 30 sections, and these sections elaborate on the establishment, administration, and regulation of the Welfare Fund, the rights and obligations of toddy tappers, and the legal framework for managing the fund. Below is a breakdown of these sections in an elaborated form:

Section 1: Short Title, Extent, and Commencement This section provides the formal name of the Act, its geographical extent (Goa, Daman, and Diu), and the date on which the Act would come into force.

Section 2: Definitions It outlines the important definitions used throughout the Act, such as "toddy tapper," "employer," "fund," and other relevant terms for better clarity in the application of the law.

Section 3: Toddy Tappers Welfare Fund Scheme This section discusses the formulation and implementation of a scheme aimed at providing benefits to toddy tappers, including medical care, provident fund, and other social security measures.

Section 4: Establishment of the Welfare Fund It provides for the establishment of the Toddy Tappers Welfare Fund, the objectives of which are to provide benefits and facilities to toddy tappers for their social security and welfare.

Section 5: Authorities to Administer the Welfare Fund It specifies the authorities responsible for administering the welfare fund, such as a board or committee. It may include representatives from the government, toddy tappers, and employers.

Section 6: Contributions to the Welfare Fund This section mandates contributions to the fund by toddy tappers, their employers, and the government. It defines the percentage or amounts that need to be contributed.

Section 7: Grants and Loans to the Fund This section empowers the government to provide grants and loans to the Welfare Fund to ensure its smooth functioning.

Section 8: Vesting and Application of the Fund It states that the fund will vest in and be held by the welfare board or committee and will be used for providing welfare benefits to toddy tappers.

Section 9: Mode of Payment of Contributions This section explains how contributions to the fund should be paid, detailing methods and timelines for payment.

Section 10: Interest on Late Payments If contributions are not made on time, this section mandates the payment of interest on delayed contributions by employers or others responsible for contributing to the fund.

Section 11: Determination of Amounts Due This section allows for the determination of the amounts due under the Act, such as the contributions from employers and tappers, and the procedures for calculating these amounts.

Section 12: Provisional Assessment This section provides for provisional assessment of the amount payable to the fund by employers or tappers and the procedure for making such assessments.

Section 13: Appeal Against Assessment This section allows for an appeal against any assessments made under the Act. It defines the forum where such appeals can be lodged and the time frame within which they must be submitted.

Section 14: Employer's Duty to Maintain Registers Employers are required to maintain registers or records of toddy tappers employed by them and their contributions to the welfare fund.

Section 15: Inspectors This section provides for the appointment of inspectors who will ensure compliance with the provisions of the Act and the proper implementation of the welfare scheme.

    • Section 16



You said: eleborate each sections ChatGPT said: ChatGPT Here is an elaboration of each section of the Goa, Daman, and Diu Toddy Tappers Welfare Fund Act, 1984 in detail:

Section 1: Short Title, Extent, and Commencement This section provides the formal name of the Act, which is the Goa, Daman and Diu Toddy Tappers Welfare Fund Act, 1984. It states the geographical extent of the Act, indicating that it applies to the territories of Goa, Daman, and Diu. Additionally, it specifies when the Act will come into force, either on a specific date mentioned or as notified by the Government through the Official Gazette.

Section 2: Definitions This section defines key terms used in the Act to avoid ambiguity. Some important definitions may include:

"Toddy Tapper": A person engaged in tapping toddy from palm trees. "Employer": The person or entity employing toddy tappers. "Fund": Refers to the Toddy Tappers Welfare Fund established under the Act. "Government": Refers to the local government of Goa, Daman, and Diu. These definitions are crucial for the interpretation and consistent application of the Act’s provisions.

Section 3: Toddy Tappers Welfare Fund Scheme This section authorizes the government to formulate and notify a welfare scheme for the benefit of toddy tappers. The scheme may include provisions for various social security benefits, such as:

Medical care for the toddy tappers and their families. Provident Fund or pension schemes. Educational facilities for children of toddy tappers. Insurance coverage. The welfare scheme provides a framework for the welfare measures that the government intends to implement under this Act. Section 4: Establishment of the Welfare Fund This section formally establishes the Toddy Tappers Welfare Fund. The purpose of this fund is to pool contributions from various sources, including the government, employers, and toddy tappers themselves, and use these funds to provide benefits and services to the tappers. The fund serves as the financial backbone for all welfare activities outlined under the Act.

Section 5: Authorities to Administer the Welfare Fund This section mandates the creation of a governing body, typically a Welfare Board or Committee, to oversee the administration of the fund. The composition of the board usually includes:

Representatives from the government. Representatives of toddy tappers. Representatives of employers. This board is responsible for implementing the scheme, managing contributions, and ensuring that welfare benefits are delivered effectively to the toddy tappers. Section 6: Contributions to the Welfare Fund It lays down the specific contributions to be made to the Welfare Fund. These contributions can come from three main sources:

Toddy tappers themselves: A percentage of their wages or earnings. Employers: A specified contribution based on the number of tappers employed. Government grants: The government may also contribute to the fund either as a one-time grant or through periodic allocations. This section ensures that the welfare fund is financially sustainable through shared contributions. Section 7: Grants and Loans to the Fund In addition to the contributions mentioned in Section 6, this section empowers the government to provide grants or loans to the welfare fund. This can be useful in case the fund requires additional financial support, either for initial setup, special projects, or to address deficits.

Section 8: Vesting and Application of the Fund The welfare fund, once established, will legally vest in the welfare board or committee created under the Act. This section outlines the specific purposes for which the fund can be used, including:

Payment of benefits to toddy tappers (medical, provident fund, etc.). Administrative expenses related to managing the fund. Any other welfare measures for toddy tappers as prescribed by the government. It ensures that the fund is used solely for the welfare of toddy tappers and not diverted for other purposes. Section 9: Mode of Payment of Contributions This section details the procedure for payment of contributions by employers and toddy tappers. It specifies:

The frequency of payments (monthly, quarterly, or yearly). The methods of payment, which could include direct deposit, cheque, or any other prescribed mode. This section ensures regular and systematic inflow of funds into the welfare fund. Section 10: Interest on Late Payments To discourage delays in contributions, this section mandates that any employer or tapper who fails to make timely payments to the fund will be required to pay interest on the delayed amount. The rate of interest and the period after which it is applicable are usually prescribed by the government. This helps maintain discipline in the payment process.

Section 11: Determination of Amounts Due This section provides the authority to determine the exact amounts due from employers or toddy tappers in cases where there is a dispute or discrepancy regarding the amount of contribution. The government or the welfare board is empowered to assess the dues and ensure that the correct amounts are paid to the fund.

Section 12: Provisional Assessment When there is doubt about the final amount of contributions due, this section allows for provisional assessment. The authorities may demand provisional payments until a final assessment is made. This ensures that contributions are not delayed due to prolonged disputes or calculations.

Section 13: Appeal Against Assessment If an employer or toddy tapper disputes an assessment of their contribution, this section provides the right to appeal. The appeal must be lodged within a specified time frame (usually 30 days) to a higher authority, such as an appellate tribunal. The tribunal reviews the case and provides a final decision.

Section 14: Employer’s Duty to Maintain Registers This section places an obligation on employers to maintain registers or records that detail the employment of toddy tappers and their contributions to the welfare fund. These registers are important for audit purposes and for the proper functioning of the welfare scheme. Failure to maintain these registers may result in penalties.

Section 15: Inspectors To ensure compliance with the provisions of the Act, this section provides for the appointment of inspectors. These inspectors have the authority to:

Inspect workplaces. Examine records and registers maintained by employers. Ensure that contributions to the fund are being made as per the law. Inspectors play a crucial role in the enforcement of the Act. Section 16: Inquiry into Irregularities This section empowers the authorities to conduct inquiries into irregularities or breaches of the Act, such as non-payment of contributions or fraudulent claims. If any misconduct is detected, the authorities can take appropriate action, including imposing penalties.

Section 17: Protection for Acts Done in Good Faith This section provides legal protection for any acts done in good faith by the authorities administering the welfare scheme or by inspectors. This means that they cannot be prosecuted for actions taken in the course of their duty unless it is proven that they acted with malicious intent.

Section 18: Penalties for Non-compliance This section outlines the penalties for non-compliance with the Act, such as failure to make contributions, maintain records, or comply with the orders of inspectors. Penalties may include fines, prosecution, or other legal actions.

Section 19: Cognizance of Offences It explains how offences under the Act are to be prosecuted. Only certain authorities, such as the welfare board or the government, may file complaints. The court can take cognizance of such offences only on a complaint by these authorized bodies.

Section 20: Recovery of Money Due This section lays down the procedure for the recovery of unpaid contributions or dues from employers or toddy tappers. This may involve issuing demand notices, and if payment is not made, recovery may be carried out through legal proceedings or attachment of property.

Section 21: Priority of Payment of Contributions In case an employer is declared insolvent or undergoes liquidation, this section gives priority to the payment of contributions to the welfare fund over other debts. This ensures that toddy tappers' welfare benefits are safeguarded even if their employer faces financial difficulties.

Section 22: Power to Exempt The government is empowered to exempt certain establishments or toddy tappers from the provisions of the Act if it deems it necessary. This may be done in special circumstances or for certain categories of tappers.

Section 23: Power to Make Rules This section empowers the government to make rules for carrying out the provisions of the Act. These rules may cover a range of topics, such as the procedure for making contributions, the management of the welfare fund, or the administration of benefits.

Section 24: Schemes to be Laid Before Legislature This section ensures transparency by requiring that any welfare scheme framed under this Act be laid before the legislature for review. The legislature has the authority to approve, modify, or reject the scheme.

Section 25: Delegation of Powers This section permits the government or the welfare board to delegate certain powers to subordinate authorities or officials for efficient administration. It ensures that the board can function effectively without overburdening its senior officials.

Section 26: Power to Remove Difficulties If any difficulty arises in implementing the Act, the government is authorized to issue orders or notifications to remove such difficulties. This provision ensures flexibility in the implementation process.

Section 27: Power to Cancel or Amend Scheme



You said: 27 ChatGPT said: ChatGPT Section 27: Power to Cancel or Amend Scheme This section gives the government the authority to cancel or amend any welfare scheme framed under the Act. If, for any reason, the government finds it necessary to modify, update, or discontinue the scheme, it can do so through a notification in the Official Gazette. This ensures that the scheme remains flexible and can be adapted to changing circumstances or needs.

Before making any amendments or cancellations, the government may also consult with stakeholders such as toddy tappers, employers, or the welfare board. This section ensures that the welfare scheme can evolve over time to remain effective and relevant to the toddy tappers' needs.




You said: How many sections are there in this bare act "Mysore Inams Abolition Act, 2005"? ChatGPT said: ChatGPT The Mysore Inams Abolition Act, 2005 consists of 32 sections. This Act aims to abolish inams (grants) in the state of Karnataka and address the rights and interests of the inam holders and other stakeholders.

If you would like more information about specific sections or details regarding the Act, feel free to ask!




You said: section 1 to 32 ChatGPT said: ChatGPT Here is a detailed elaboration of each of the 32 sections of the Mysore Inams Abolition Act, 2005:

Section 1: Short Title, Extent, and Commencement This section provides the formal title of the Act as the Mysore Inams Abolition Act, 2005. It states the geographical extent of the Act, which applies to the whole of Karnataka. It also outlines the commencement date of the Act, either specified in the text or determined by notification from the government.

Section 2: Definitions This section defines key terms used throughout the Act to provide clarity and ensure consistent interpretation. Important definitions might include:

"Inam": Refers to any grant of land made by the government, including various types of grants. "Inam Holder": The person holding the inam land as per the records. "Government": Refers to the Government of Karnataka. Section 3: Abolition of Inams This section officially abolishes all inams in the state, stating that all rights, title, and interest of inam holders in respect of their inam lands are extinguished. It outlines the implications of this abolition on the ownership of the land.

Section 4: Vesting of Inam Lands Upon abolition, the inam lands will vest in the State Government. This section specifies that all rights related to the inam land will now be held by the government, which will manage these lands as per existing laws.

Section 5: Compensation for Inam Holders This section provides for compensation to inam holders whose rights are extinguished under this Act. It outlines the procedure for calculating and disbursing compensation, which could be based on the value of the land or other criteria established by the government.

Section 6: Payment of Compensation This section details the process for the payment of compensation to inam holders. It may specify the timeframe for payment, the mode of payment, and any conditions that need to be fulfilled by inam holders to receive their compensation.

Section 7: Rights of Tenants and Others This section addresses the rights of tenants, cultivators, and other occupants of inam lands. It ensures that their rights are protected even after the abolition of inams and provides for their continued occupation of the land under terms prescribed by the government.

Section 8: Land Revenue and Other Dues This section outlines the responsibilities of the inam holders regarding the payment of land revenue or other dues owed to the government before the abolition takes effect. It may include provisions for the settlement of outstanding dues.

Section 9: Prohibition of Alienation This section prohibits the transfer, sale, or alienation of inam lands by the inam holders once the inam is abolished. It establishes that no rights can be transferred to any third party.

Section 10: Recovery of Land This section provides for the recovery of inam lands that may have been unlawfully occupied or transferred by the inam holders prior to the Act coming into force. The government can take necessary actions to regain possession of such lands.

Section 11: Powers of the Government This section grants powers to the government or authorized officers to enforce the provisions of the Act, including the authority to issue orders or notifications necessary for the smooth implementation of the Act.