BOMBAY LABOUR WELFARE FUND ACT, 1953

Act No. XL of 19532

3[as amended upto Mah. Act No. 24 of 2003, An Act to provide for the constitution of a Fund for the financing of activities to promote welfare of labour in the State of 4[Maharashtra] for conducting such activities and for certain other purposes];

Whereas it is expedient to constitute a Fund for the financing of activities to promote welfare of labour in the State of 6[Maharashtra] 7[for conducting such activities and for certain other purposes]; It is hereby enacted as follows:

SECTION 01: SHORT TITLE, EXTEND AND COMMENCEMENT.

(1) This Act may be called the Bombay Labour Welfare Fund Act, 1953.

8[(2) It extends to the whole of the State of Maharashtra].

(3) It shall come into force in such area and on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.

SECTION 02: DEFINITIONS

(1) “Board” means 9[the Maharashtra Labour Welfare Board] constituted under section 4;

10[(1A)“contribution” means the sum of money payable to the Board in accordance with the provisions of section 6BB;]

11[(2) “Employee” means any person who is employed for hire or reward to do any work, skilled or skilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person

(i) who is employed mainly in a managerial capacity.

Footnotes:

1. This Act was extended throughout the State of Maharashtra vide Mah. 36 of 1961, s.2.

2. For Statement of Objects and Reasons, see Bombay Government Gazelle, 1953, Part V, pages 327-328.

3. Mah. Act No. 24 of 2003 shall be deemed to have been come into forces on the 7th January 2002.

4. This word was subs. for the word “Bombay” by Mah. 36 of 1961, s.3(a).

5. This words were subs. for the words “and for conducting such activities, ibid.”

6. This word was subs. for the word “Bombay” by Mah. 36 of 1961, s.3(a).

7. These words were subs. for the words “and for conducting such activities, ibid.

8. Sub-section (2) was substituted by Mah. 36 of 1961, s.4.

9. These words were subs. for the words “any of the Labour Welfare Boards”, by Mah.36 of 1961, s.5(a).

10. Sub-clause(1A) was ins, by Mah.36 of 1971, s.2(1)

11. Sub-section (2) subs. by Mah. 24 of 2003, (w.e.f. 7.1.2002)

(ii) who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises powers or carries out, either by the nature of the duties attached to the office, or by reason of the powers vested in him, functions mainly of a managerial nature, or

(iii) who is employed as an apprentice under the Apprentice Act, 1961;]

(3) “Employer” means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes

(i) in a factory, any person named under section 7 (I) (f) of the Factories Act, 1948 (LXIII of 1948), as the manager;

(ii) in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;

(4) “Establishment” means

(i) a factory;

(ii) a tramway or 1[motor omnibus service or a motor transport undertaking to which the Motor Transport Works Act, 1961 applies; and]

2[(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948 (LXXIX of 1948), which employs, or on any working day during the preceding twelve months, employed 3[five] or more persons 4[including the establishments which have been granted exemption partly or wholly under the proviso to section 4 of that Act.]

Provided that, any such establishment shall continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than 5[five] at any subsequent time:

Provided further that, where for a continuous period of not less than three months the number of persons employed therein has been less than 6[five] such establishment shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of three month, but the employees shall within one month from the date of such cessation, intimate by registered post the fact thereof to such authority as the State Government may specify in this behalf;]

Footnotes:

1. These words and figures were subs. for the words “motor omnibus service; and” by Mali.

4 of 1948, s.2(b)(i).

2. This portion was subs. for the portion beginning with “(iii) any establishment” and ending with “or any State Government” by Mah. 16 of 1971, s.2(3).

3. This word was subs. for the word “ten”, by Mah. 4 of 1984, s.2(b)(ii).

4. These words were added by Mah. 24 of 2003, (w.e.f. 7.1.2002).

5. This word was subs. for the word “ten”, by Mah. 4 of 1984, s.2(b)(ii).

6. This word was subs. for the word “ten”, by Mali. 4 of 1984, s.2(b)(ii).

1[Explanation: For the removal of doubt, it is hereby declared that where an establishment has different branches or departments,: all such branches or departments, whether situated in the same premises or different premises, shall be treated as parts of the same establishment;]

2[(5) “Factory” means a factory as defined in section 2(m) of the

Factories Act, 1948 (LXIII of 1948), and includes any place wherein five or more persons are employed or working and

(i) wherein any manufacturing process is being carried on with the aid of power or is ordinarily so carried on;

(ii) which is deemed to be a factory under section 85 of the said Act;]

(6) “Fund” means the 3[Labour Welfare Fund] constituted under section 3;

(7) “Independent member” means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member;

(8) “Inspector” means an Inspector appointed un4er section 12;

4[* * * *]

(9) “Prescribed” means prescribed by rules made under this Act;

(10) “Unpaid accumulation” means all payments due to the employees but not made to them within a period of three years from the date on which they became due whether before or after the commencement of this Act including the wages, and gratuity legally payable 5[but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees’ Provident Funds Act, 19521;

Footnotes:

1. This Explanation was added ibid s 2(b)(iii)

2 This clause was subs for the original ibid S 2(c)

3 These words were substituted for the words any of the Labour Welfare Funds’ by Mah

36 of 1961, s.5

4. Clauses (8a) and (8b) were deleted, by Mah. 36 of 1961, s.5(e).

5. This portion was ins, by Mah. 36 of 1961, s.5(f).

1[(11) “wages” means as defined in section 2(vi) of Payment of Wages Act, 1936, (4 of 1936), and includes bonus payable under the Payment of Bonus Act, 1965 (21 of 1965);]

(12) “Welfare Commissioner” means the Welfare Commissioner appointed under section 11.

2A[Construction of certain references in the Act.] 2 * *]

SECTION 03: WELFARE FUND

3[(1) The State Government shall constitute a fund called the Labour Welfare Fund, and notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid 4 such intervals as may be prescribed] to the Board, which shall keep a separate account therefor until claims thereto have been decided in the manner provided in section 6A, and the other sums specified in sub-section (2) shall be paid into the Fund.

(2) The Fund shall consist of-

(a) all fines realised from the employees;

(b) 5[unpaid accumulations transferred to the Fund under section 6A];

6[(bb) any penal interest paid under section 6B;]

7[(bbb) any contribution paid under section 6BB;]

(c) any voluntary donations;

(d) any fund transferred under sub-section (5) of section 7;

8 [**]

(e) any sum borrowed under section 8.

9[(f) any loan, grant-in-aid or subsidy paid by The State Government.]

(3) The sums specified in sub-section (2) 10[shall be paid, or collected by such agencies, at such intervals] and in such manner and the accounts of the Fund shall be maintained and audited in such manner as may be prescribed.

Footnotes:

1. Clause (11) was subs. by Mah. 16 of 1971, s.2(4).

2. Deleted by Mah. 36 of 1961, s.6.

3. Sub-section (1) was subs. by Mali. 36 of 1961, s.7(a).

4. These words were ins, by Mah. 22 of 1966, s.2(a)

5. This portion was subs. for the words “all unpaid accumulations” by Mah. 36 of 1961, s.7(b)

6. Clause (bb) was ins, by Mah. 22 of 1966, s.2(b).

7. Clause (bbb) was ins, by Mali. 16 of 1971, s.3(a).

8. The word “and” was deleted, ibid., s.3(b).

9. Clause (f) was added, ibid., s.3(c).

10. These words were subs. for the words “shall be collected by such agencies” by Mah. 22 of 1966, s.2(c).

SECTION 04: BOARD

(1) 1[The State Government shall, by notification in the Official Gazette constitute the Board for the whole of the State of Maharashtra for the purpose of administering the Fund, and to carry on such other functions assigned to the Board by or under this Act.] The Board shall consist of the 2[following members, not exceeding twenty-six in number], namely:

(a) such number as may be prescribed of representatives of employers and employees to be nominated by the State Government:

Provided that both employers and employees shall have equal representation on the Board;

(b) such number of independent members as may be prescribed, nominated by the State Government; 3[ * *]

(c) such number of independent members as may be prescribed, nominated by the State Government to represent women.

4[(d) the Principal Secretary or Secretary (Finance) or his nominee shall be the ex-officio member; and

(e) the Principal Secretary or Secretary (Labour) or his nominee shall be the ex-officio member.]

(2) The members of the Board shall elect one of its independent members as the Chairman of the Board.

(3) Save as otherwise expressly provided by this Act, the term of office of the members of the Board shall be three years commencing on the date on which the names are notified in the Official Gazette.

(4) The allowances, if any, payable to the members of the Board 5 * * * *] shall be such as may be prescribed.

(5) 6[The Board shall be a body corporate by the name of the Maharashtra Labour Welfare Board] having perpetual succession and a common seal, with power to acquire property both moveable and immovable, and shall by the said name sue and be sued.

Footnotes:

1. This portion was subs. for the portions beginning with “The State Government of

Bombay” and ending with “and the Karnataka area respectively” by Mah. 36 of 1961, s.8(a).

2. These words were subs. for the words “shall be collected by such agencies” by Mah. 22 of 1966, s.2(c)

3. The word “and” was deleted by Mah. 24 of 2003, (w.e.f. 7.1.2002)

4. Clauses (d) and (e) added by Mah. 24 of 2003, (w.e.f. 7.1.2002)

5. The words “and the conditions of appointment of the representatives of the employers and employees” were deleted, ibid., s.4.(2).

6. These words were subs. for the portion beginning with “The Board shall be known” and ending with “a body corporate” by Mah. 36 of 1961, s.8(b)

1[(6) Notwithstanding anything contained in this section, until the Board for the State of Maharashtra is duly constituted in accordance with the provisions of sub-section (1), the existing Board functioning and operating immediately before the commencement of the Bombay Labour Welfare Fund (Extension and Amendment) Act, 1961) (Mah. 24 of 1961), in any area of the State shall continue to function and operate in that area and shall be the Board for the purpose of this Act for that area; and on the constitution of the Board for the whole of the State of Maharashtra under sub-section (1)-

(a) such existing Board shall stand dissolved, and the members thereof shall vacate office;

(b) all properties, funds and dues which are vested in or realisable by the existing Board shall vest in, and be realisable by, the Board so constituted;

(c) all rights and liabilities which were enforceable by or against the existing Board, shall be enforceable by or against the Board so constituted, and wherein any proceedings in any Court or Tribunal the existing Board is a party thereto, the Board so constituted shall be deemed to be substituted as a party to those proceedings; and

(d) the Welfare Commissioner and the other officers and servants of the existing Boards shall continue to be the Welfare Commissioner and officers and servants of the Board so constituted; but the terms and conditions of service of the Welfare Commissioner and other officers and servants shall not, until duly altered by a competent authority, be less favourable under the Board so constituted than those admissible to them while in the service of the existing Board.]

SECTION 04A: [OF THE BOARD IN RESPECT OF THE KARNATAKA AREA TO BE EXERCISED BY THE GOVERNMENT OF MYSORE FOR CERTAIN PERIOD.]

2 [ * *]

1. Sub-section (6) was subs. for the original sub-sections (6) and (7) vide Mah. 36 of 1961. s.8(c).

2. Deleted by Mah. 36 of 1961, s.9.

SECTION 05: DISQUALIFICATIONS AND REMOVAL

(1) No person shall be chosen as, or continue to be a member of the Board who-

(a) is a salaried official of the Board; or

(b) is or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors; or

(c) is found to be a lunatic or becomes of unsound mind; or

(d) is or has been convicted of any office involving moral turpitude.

(2) The State Government may remove from office any member who-

(a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or

(b) is absent without leave of the Board for more than three consecutive meetings of the Board.

SECTION 06: REGISTRATION OF OFFICE OF MEMBER AND FILLING UP OF CASUAL VACANCIES

(1) A member may resign his office by giving notice thereof in writing to the State Government and on such resignation being accepted shall be deemed to have vacated his office.

(2) A casual vacancy in the office of a member shall be filled up, as soon as conveniently may be, by the authority concerned and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor.

(3) No act or proceedings of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in constitution of the Board.

SECTION 06A: POWER TO APPOINT COMMITTEES

For the purpose of advising the Board in the discharge of its functions and also for carrying into effect any of the matters specified in sub-section (2) of section 7, the Board may constitute one or more Committees, of which at least one on each Committee shall be a member of the Board.]

1. Sec. 6AA ins, by Mah. 22 of 1966, s.3.

SECTION 06A: UNPAID ACCUMULATIONS AND CLAIMS THERETO

(1) All unpaid accumulations shall be deemed to he abandoned property.

(2) Any unpaid accumulations paid to the Board in accordance with the provisions of section 3 shall on such payment, discharge an employer of the liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board, and the liability to make payment to the employee to the extent aforesaid shall subject to the succeeding provisions of this section be deemed to be transferred to the Board.

(3) As soon as possible after the payment of any unpaid accumulations is made to the Board, the Board shall by notice (containing such particulars as may be prescribed)-

(a) exhibited on the notice-board of the factory or establishment in which the unpaid accumulations were earned, and

(b) 2[ * * *]

(c) also published in any two newspapers circulating and in the language commonly understood in the area in which the factory or establishment in which the unpaid accumulation was earned is situate, or in such other manner as may be prescribed, regard being had to the amount of the claim, invite claims by employees for any payment due to them. The notice shall be inserted in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulation to the Board.

(4) If any question arises whether the notice referred to in sub-section (3) was given as required by that sub-section, a certificate of the Board that it was so given shall be conclusive.

1. Sec. 6A ins, by Mah. 36 of 1961, s.l0. Section 14 of Mah. 36 of 1961 reads as under:-

“14. The amendments made in the principal Act by sections 3(b), 7 and 10 of this Act shall in relation to unpaid accumulations (including thosc already paid to the Board before the commencement of this Act), be deemed always to have been made in the principal Act:

Provided that, nothing in section 10 shall apply to any unpaid accumulauuns not already paid to the Board, and-

(a) in respect of which separate accounts have not been maintained, so that any unpaid claims of employees are not traceable, or

(b) which though maintained as part of a separate account, are proved to have been spent before the 7th day of July 1961.”

2. Clause (b) was deleted by Mah. 22 of 1966, s.4

(5) If a claim is received whether in answer to the notices or otherwise, within a period of four years from the date of first publication of the notice in respect of such claim, the Board shall transfer such claim to the Authority appointed under section 15 of the Payment of Wages Act, 1936 (IV of 1936), having jurisdiction in the area in which the factory or establishment is situated, and the Authority shall proceed to adjudicate upon, and decide, such claim. In hearing such claim, the Authority shall have the powers conferred by and follow the procedure (in so far as it is applicable) followed in giving effect to the provisions of that Act.

(6) If the Authority aforesaid is satisfied that any such claim is valid so that the right to receive payment is establishment, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease to be deemed to be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof as the Authority decides are properly due, to the employee; and the Board shall make payment accordingly:

Provided that, the Board shall not be liable to pay any sum in excess of that paid under sub-section (1) of section 3 to the Board as unpaid accumulations, in respect of the claim.

(7) If a claim for payment is refused, the employee shall have a right of appeal in Greater Bombay to the Court of Small Causes, and elsewhere to the District Court, and the Board shall comply with any order made in appeal. An appeal shall lie within sixty days of the decision of the Authority.

(8) The decision of the Authority, subject to appeal aforesaid, and the decision in appeal of the Court of Small Causes, or as the case may be, the District Court shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any.

(9) If no claim is made within the time specified in sub-section (5) or a claim has been duly refused as aforesaid- by the Authority, or on appeal by the Court, then the unpaid accumulations in respect of such claim shall accrue to, and vest in, the State as bona vacantia, and shall thereafter, without further assurance be deemed to be transferred to, form part of the Fund.]

SECTION 06BB: CONTRIBUTIONS

(1) The contribution payable under this Act in respect of an employee in an establishment shall comprise contribution, payable by the employer (hereinafter referred to as “the employer’s contribution”), contribution payable by such employee (hereinafter referred to as “the employee’s contribution”) and the contribution payable by the State Government, and shall be paid to the Board and form part of the Fund.

1. Sec. 6BB was ins, by Mah. 16 of 1971, s.5.

1[(2) The amount of contribution payable every six months in respect of every employee and an employer for such employee shall be at the following rates, namely:-

(a) (i) in respect of an employee drawing wages up to and inclusive of 2[three thousand rupees per mensem, six rupees]; and

(ii) in respect of an employee drawing wages exceeding

3[three thousand rupees per mensem, twelve rupees]

Only if the name of such employee stands on the register of an establishment on the 30th June and 31st December respectively;

4[Provided that the State Government may, on receipt of a proposal from the Board, by notification in the Official Gazette, increase once in every three years the rate of employee’s contribution so, however that, such increase shall not exceed 30 per cent of the rates of contribution.];

5[(b) in respect of an employer for each employee referred to in sub-clauses (i) and (ii) of clause (a), thrice the amount of contribution payable by an employee:]

(3) Every employer shall pay to the Board both the employer’s contribution and the employee’s contribution in accordance with the provisions of sub-section (2) before the 15th day of July and 15th day of January, as the case may be.]

(4) Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and any rules, the employer shall in the case of any such employee be entitled to recover from the employee that employee’s contribution by deduction from his wages, and not otherwise; and such deduction shall be deemed to be a deduction authorised by or under the Payment of Wages Act, 1936 (4 of 1936)

Provided that, no such deduction shall be made in excess of the amount of the contribution payable by such employee, nor shall it be made from any wages other than the wages for the months of June and December:

Provided further that, if through inadvertance or otherwise, no deduction has been made from the wages of an employee for the months aforesaid, such deduction may be made from the wages of such employee for any subsequent month or months with the permission in writing of the Inspector appointed under this Act.

Footnotes:

1. Sub-sections (2) and (3) were subs. by Mah. 10 of 1987. s.3(a).

2. These words were subs. by Mah. 24 of 2003. The amendments shall be deemed to have been substituted w.e.f. 3 1.12.2000.

3. These words were subs. by Mah. 24 of 2003. The amendments shall he deemed to have been substituted w.e.f. 31.12.2000.

4. Proviso added by Mah. 24 of 2003 7-1-2002

5. Clause (b) substituted by Mah. 24 of 2003. The amendments shall be deemed to have been subs. w.e.f. 31.12.2000.

(5) Notwithstanding any contract to the contrary, no employer shall deduct the employer’s contribution from any wages payable to an employee or otherwise recover it from the employee.

(6) Any sum duly deducted by an employer from the wages of an employee under this section shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted.

(7) An employer shall pay the employer’s and the employees’ contribution to the Board by cheque, money-order or in cash and he shall bear the expenses of remitting to the Board such contributions.

(8) The Welfare Commissioner shall submit to the State Government as soon as possible after the end of July and January every year in the prescribed form a statement showing the total amount of 1[the employer’s contribution and the employees’ contribution in respect of employees in each establishment]. On receipt of the statement from the Welfare Commissioner, the State Government shall pay to the Board a contribution of 2 amount equal to half the employee’s contribution for the period from the 31st December, 2000 to the 31st March 2003; and an amount equal to twice the employee’s contribution with effect from the 1st April 2003, in respect of every employee referred to in sub-clauses (i) and (ii) of clause (a) of sub-section (2).]

Footnotes:

1. These words were subs. for the words “the employer’s contribution in respect of his

establishment” by Mah. 2 of 1978, s.2(3)(a).

2. These words were subs. by Mah. 24 of 2003. The amendments shall be deemed to have been subs. w.e.f. 3 1.12.2000.

SECTION 06B: INTEREST ON UNPAID ACCUMULATIONS OR FINES AFTER NOTICE OF DEMAND

(1) If an employer does not pay to the Board any amount of unpaid accumulations, or fines realised from the employee 2[or the amount of the employer’s and employee’s contributions under section 6BB] within the time he is required by or under the provisions of this Act to pay it, the Welfare Commissioner may cause to be served a notice on such employer to pay the amount within the period specified therein, which shall not be less than thirty days from the date of service of such notice.

(2) If the employer fails, without sufficient cause to pay any such amount within the period specified in the notice, he shall, in addition to that amount, pay to the Board simple interest-

(a) in the case of a failure to pay any amount of unpaid accumulations or fines realised from the employees

(i) for the first three months, at 3[one and a half per cent] of the said amount for each completed month, after the last date by which he should have paid it according to the notice; and

(ii) thereafter, at 4[two per cent] of that amount for each completed month, during the time he continues to make default in the payment of that amount;

(b) in the case of a failure to pay any amount of the employer’s and employees’ contributions under section 6

(i) for the first three months, at 5[one and a half per cent] of the said amount for each completed month, after the last date by which he should have paid it in accordance with the provisions of sub-section (3) of section 6BB; and

(ii) thereafter, at 6[two per cent] of that amount for each completed month, during the time he continues to make default in the payment of that amount:]

Provided that, the Welfare Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the penalty in respect of any period.]

Footnotes:

1. Section 6B was ins, by Mah. 22 of 1966.

2. These words, figure and letter were ins, by Mah. 16 of 1971 s.6

3. These words were subs. for the words “one per cent” by Mah. 24 of 2003 (w.e.f. 7.1.2002)

4. These words were subs. for the words “one and a half per cent” by Mah. 24 of 2003 (w.e.f. 7.1.2002)

5. These words were subs. for the words “one per cent” by Mah. 24 of 2003 (w.e.f. 7. 1.2002)

6. These words were subs. for the words “one and a half per cent” by Mah. 24 of 2003 (w.e.f. 7.1.2002)

SECTION 07: VESTING AND APPLICATION OF FUND

(1) The fund shall vest in and be held and applied by the Board of Trustees subject to the provisions and for the purposes of this Act. The moneys therein shall be utilized by the Board to defray the cost of carrying out measures which may be specified by the State Government from time to time to promote the welfare of labour and of their dependents.

(2) Without prejudice to the generality of sub-section (1) the moneys in the Fund may be utilized by the Board to defray expenditure on the following:-

(a) community and social education centres including reading rooms and libraries;

(b) community necessities;

(c) games and sports;

(d) excursions, tours and holiday homes;

(e) entertainment and other forms of recreations;

(f) home industries and subsidiary occupations for women and unemployed persons;

(g) corporate activities of a social nature;

(h) cost of administering the Act 1[including the salaries, allowances, pension, provident fund and gratuity and other fringe benefits of the staff] appointed for the purpose of the Act; and

(i) such other objects as would in the opinion of the State Government improve the standard of living and ameliorate the social conditions of labour:

Provided that the Fund shall not be utilized in financing any measure which the employer is required under any law for the time being in force to carry out:

Provided further that unpaid accumulations and fines shall be paid to the Board and be expended by it under this Act notwithstanding anything contained in the Payment of Wages Act, 1936 (IV of 1936), or any other law for the time being in force.

Footnotes:

1. These words were subs. for the words “including the salaries and allowances of the staff” by Malt 4 of 1984, s.5

(3) The Board may, with the approval of the State Government, make a grant of the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of labour approved by the State Government.

(4) If any question arises whether any particular expenditure is or is not debitable to the Fund, the matter shall be referred to the State Government and the decision given by the State Government shall be final,

(5) It shall be lawful for the Board to continue any activity financed from the labour welfare fund of any establishment, if the said fund is duly transferred to the Board.

SECTION 08: POWER OF BOARD TO BORROW

The Board may from time to time with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be specified .in this behalf borrow any sum required for the purpose of this Act.

SECTION 09: INVESTMENT OF FUND

Where the Fund or any portion thereof cannot be applied at any early date for fulfilling the objects of the Act, the Board shall invest the same in any of the securities specified in clauses (a) to (d) and (f) of section 20 of the Indian Trust Act, 1882 (II of 1882).

SECTION 10: DIRECTIONS BY STATE GOVERNMENT TO BOARD

The State Government may give the Board such directions as in its opinion are necessary or expedient in connection with expenditure from the Fund or for carrying out the other purposes of the Act. It shall be the duty of the Board to comply with such directions.

SECTION 11: APPOINTMENT AND POWERS OF WELFARE COMMISSIONER

(1) (i) The Welfare Commissioner shall be appointed by the Board with the previous approval of the State Government;

(ii) The Welfare Commissioner shall be the principal executive officer of the Board.

(iii) It shall be the duty of the Welfare Commissioner to ensure that the provisions of this Act and the rules made there under are duly carried out and for this purpose he shall have the power to issue such orders not inconsistent with the provisions of the Act and rules made there under as he deems fit including any order implementing the decisions taken by the Board under the Act or rules made there under.

(2) l[***]

SECTION 12: APPOINTMENT OF INSPECTORS

(1) The State Government may appoint Inspectors to inspect records in Connection with the sums payable into the Fund. 2[inspector appointed, whether by a local authority or the State Government under the Bombay Shops and Establishment Act, 1949, (Born. LXXIX of 1948), in relation to any area, shall be deemed to be also Inspectors for the purpose of this Act, in respect of establishments to which this Act applies, and the local limits within which such Inspector shall exercise his functions under this Act shall be the area for which he is appointed under the said Act.]

(2) Any Inspector may-

(a) with such assistance, if any, as he thinks fit, enter at any reasonable time any premises for carrying out the purposes of this Act;

(b) exercise such other powers as may be prescribed.

SECTION 13: ABSORPTION OF THE EXISTING STAFF UNDER COMMISSIONER OF LABOUR

(1) The Board shall take over the employ such of the existing staff under the control of the Commissioner of Labour, Bombay, as the State Government may direct and every person so taken over and employed shall be subject to the provisions of this Act and the rules made there under:

Provided that-

(a) during the period of such employment all matters relating to pay, leave, retirement, allowances, pensions, provident fund and other conditions of service of the said staff shall be regulated by the Bombay Civil Services Rules or such other rules as may be from time to time be made by the State Government.

(b) every such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service, fine or any other punishment:

Provided further that person so taken over may elect within the prescribed period that he desires to be governed by the rules made under this Act in respect of conditions of service of the staff appointed by the Board under this Act and on his electing to do so the provisions of the first proviso shall cease to apply to him.

1. Sub-section (2) was deleted by Mah. 36 of 1961, s.11.

2. This portion was added by Mah. 16 of 1971, s.7.

1[(2) On the commencement of this Act in any area to which it is extended by the Bombay Labour Welfare Fund (Extension and Amendment) Act, 1961 (Mah. 24 of 1961), the Board shall take over and employ such of the existing staff under the control of the Commissioner of Labour, Bombay, as the State Government may direct, and every such person so taken over and employed shall be subject to the like terms and conditions and to the same provisions as in sub-section (1), and to the other provisions of this Act and the rules made thereunder.]

SECTION 14: APPOINTMENT OF CLERICAL AND OTHER STAFF BY BOARD

2[(1) The Board shall have power to appoint the necessary clerical and executive staff to carry out the supervise the activities financed from the Fund:

Provided that the expenses of the staff thus appointed and other administrative expenses shall not exceed a prescribed percentage of the annual income of the fund.

3[(2) The Board shall, with the approval of the State Government, make regulations regarding the method of recruitment, pay and allowances, and other conditions of service of the members of its staff (other than the Welfare Commissioner and the inspectors):

Provided that, until the regulations are so made, the conditions of service of such staff shall be governed by rules made by the State Government in this behalf.]

SECTION 15: POWER OF STATE GOVERNMENT TO REMOVE ANY PERSON ON STAFF OF BOAR

The State Government shall have the power to remove any person whom it may deem unsuitable, from the service of the Board and to make an appointment in respect of whom more than one-third of the members of the Board have not agreed.

SECTION 16: POWER OF STATE GOVERNMENT OR AUTHORISED OFFICER TO CALL FOR RECORDS, ETC.

The State Government or any officer authorised by the State Government may call for the records of the Board, inspect the same and may supervise the working of the Board.

1. Sub-section (2) was added by Mah. 36 of 1961, s.12.

2. Sec. 14 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 16 of

1971, s.8.

3. Sec. 14 was renumbered as sub-section (1) and sub-section (2) was added by Mali. 16 of

1971, s.8

SECTION 17: MODE OF RECOVERY OF 1[SUMS PAYABLE TO BOARD,] ETC

Any sum payable 2[to the Board or] into the Fund under this Act shall, without prejudice to any other mode of recovery, be recoverable on behalf of the Board as an arrear of land revenue.

3[17A Penalty for obstructing inspection in discharge of Inspector’s duties or for failure to produce documents, etc.

Any person who wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or fails to produce for inspection on demand by an Inspector any registers, records or other documents maintained in pursuance of the provisions of this Act or the rules made there under or to supply to him on demand true copies of any such documents, shall, on conviction, be punished-

(a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and

(b) for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, in any case where the offender is sentenced to a fine only, the amount of fine shall not be less than fifty rupees.

SECTION 17B: PROVISIONS RELATING TO JURISDICTION

(1) No Court inferior to that of a 4[Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under section 17A.

(2) No prosecution for such offence shall be instituted, except by an Inspector with the previous sanction of the Welfare Commissioner.

(3) No Court shall take cognizance of such offence, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.]

SECTION 18: SUPERSESSION OF BOARD

(1) If the State Government is satisfied that the Board has made default in performing any duties imposed on it by or under this Act or has abused its power, the State Government may by notification in the Official Gazette supersede and reconstitute the Board 5[in the manner prescribed for constitution of the Board]:

1. These words were deemed always to have been subs. for the words “sum payable into Fund”, by Mah. 16 of 1971, s.6(b).

2. These words were deemed always to have been ins, by Mah. 22 of 1966, s.6(a).

3. Secs. 17A and 17B were ins. ibid., s.7.

4. These words were subs. for the words “Presidency Magistrate or Magistrate of the first class” by Mah.1O of 1987, s.4.

5. These words were subs. for the words “in the prescribed manner” by Mah. 16 of 1971,

Provided that before issuing the notification under this sub-section, the State Government will give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Board.

(2) After the supersession of the Board and until it is. reconstituted the powers, duties and functions of the Board under this Act shall be exercised or performed by the Board or by such officer or officers, as the State Government may appoint for this purpose.

SECTION 19: RULES

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely:

2[(a)the intervals at which or the period within which any of the sums referred to in section 3 shall be paid to the Board or into the Fund, the manner of making such payment and the agency for, the manner of, collection of any such sum;]

(b) the manner in which the accounts of the Fund shall be maintained and audited under sub-section (3) of section 3;

(c) the procedure for making grants from the Fund under section 7;

(d) the procedure for defraying the expenditure incurred in administering the Fund;

(e) the number of representatives of employers and employees, independent members and representatives of women on the Board, and the allowances, if any, payable to them, under section 4;

(f) the manner in which the Board shall conduct their business;

2. Clause (a) was deemed always to have been subs. for the original by Mah.22 of 1966, s.8(a).

(g) the duties and powers of the Inspectors and the conditions of service of the Welfare Commissioner and Inspectors

1[* *] appointed under this Act;

2[(ga) the delegation of the powers and functions of the Board to the Welfare Commissioner and the conditions and limitations subject to which the powers may be exercised or functions discharged;]

(h) the percentage of the annual income of the Fund beyond which the Board may not spend on the staff and on other administrative members;

3[(i) the registers and records to be maintained and returns to be sent to the Board under this Act;]

(j) the publication of the report of the activities financed from the Fund together with a statement of receipts and expenditures of the Fund and statement of accounts;

(k) any other matter which under this Act is or may be prescribed.

4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form, or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.]

SECTION 20: MEMBERS OF BOARD, WELFARE COMMISSIONER, INSPECTORS AND ALL OFFICERS AND SERVANTS OF BOARD TO BE PUBLIC SERVANTS

The members of Board, the Welfare Commissioner, Inspectors and all officers and servants of the Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

1. The words “and other staff” were deleted by Mali. 16 of 1971,s.1O(1).

2. This clause was ins, by Born. 16 of 1956,s.2.

3. Clause(f) was sub. by Mah. 16 of 1971,s.10(2).

4. Sub-section (3) was sub. for the original by Mah.22 of 1966,s.8(b).

BOMBAY LABOUR WELFARE FUND RULES, 1953

In exercise of the powers conferred by Section 19 of the Bombay Labour Welfare Fund Act, 1953 (Bom. XL of 1953), the Government of Bombay is pleased to make the following Rules, namely :—

RULE 01: SHORT TITLE

These rules may be called the Bombay Labour Welfare Fund Rules, 1953.

RULE 01A:

1These rules extend to the whole of the State of Maharashtra.

RULE 02: DEFINITIONS

In these rules, unless there is anything repugnant in the subject or context.—

(i) "Act" means the Bombay Labour Welfare Fund Act, 1953:

2

(ia) "establishment register" means, in relation to ,—

(a) a factory, a register of adult workers or a register of child workers maintained under Section 62 or Section 73 respectively of the Factories Act, 1948 (Act No. LXIII of 1948);

(b) a motor omnibus service, a register of workers maintained under Rule 3? of the Maharashtra Motor

Transport Workers Rules, 1962 ;

(c) any other establishment, a register of employment maintained under the Maharashtra Shops and Establishments Rules, 1961 ;

Provided that, where any establishment is not required to maintain such register, any other register in which names of workers of the establishment employed every day or every month of the year are ordinarily shown.]

(ii) "Form" means a form appended to these Rules ;

(iii) "section " means section of the Act:

(iv) Words and expressions not defined in these rules shall have the meanings assigned to them under the Act.

RULE 03: PAYMENT OF FINES AND OF UNPAID ACCUMULATIONS BY EMPLOYER

(1) Within fifteen days from the date on which the Act shall come into force in any area, every employer in such area shall pay by cheque, money order or cash to the Welfare Commissioner —

(a) all fines realised from the employees before the said date and remaining unutilized on that date ; and

(b) all unpaid accumulations held by the employer on the aforesaid date :

3

Provided that, in the Vidarbha and Hyderabad areas of the State, such payment shall be made by the employer within fifteen days from the date on which the Bombay Labour Welfare Fund (Extension and Amendment) Rules, 1962 come into force.]

(2) The employer shall along with such payment submit a statement to the Welfare Commissioner giving full particulars of the amounts so paid.

(3) Thereafter, all fines realised from the employees and all unpaid accumulations during the quarters ending 31st March, 30th June, 30th September and 31st December, shall be paid by the employer in the manner aforesaid to the Welfare Commissioner on or before 15th of April, 15th of July, 15th of October and 15th of January succeeding such quarter and a statement giving particulars of the amounts so paid shall be submitted by him along with such payment to the Welfare Commissioner.

RULE 03A:

4Every employer shall submit to the Welfare Commissioner on or before 30th day of July and 31st day of January a statement of employer's contribution and employees' contribution in respect of employees whose names stand on the establishment register on 30th June and 31 st December, respectively, in Form 'A-1.

RULE 3B:

The Welfare Commissioner shall submit to the State Government not later than 31st August and 28th February respectively a statement of employer's contributions received by him on 30th June and 31st December, respectively, in Form 'A-2'.]

RULE 04: NOTICE FOR PAYMENT OF FINES AND UNPAID ACCUMULATIONS BY WELFARE COMMISSIONER

The Welfare Commissioner may, after making such enquiries as he may deem fit, and after calling for a report from the Inspector, if necessary, serve a notice on any employer to pay any portion of fines realised from the employees or unpaid accumulations held by him which the employer has not paid in accordance with Rule 3. The employer shall comply with the notice within 14 days of the receipt thereof.

RULE 04A: PARTICULARS OF UNPAID ACCUMU LATIONS TO BE PUUBLISHED UNDER SECTION 6 6--A (3)

The notice referred to in sub-section (3) of Section 6-A shall contain the following particulars, namely :—

(1) Name and address of the factory or establishment in which the unpaid accumulations was earned :

(2) Wages period during which the unpaid accumulations was earned ;

(3) Amount of the unpaid accumulations.]

6[

(4) A declaration that a list containing the names of employees and the amount due to them and paid to the Board has been pasted on the notice-board of the factory or establishment in which the unpaid accumulations was earned.]

RULE 04B:

7(i) Applications for remission of penalty shall be made to the Welfare Commissioner within thirty days from the date of payment of penalty, and shall clearly specify the gounds on which the remission is claimed.

(ii) Where the Welfare Commissioner is satisfied that the penalty imposed is likely to cause undue hardship to the employer concerned or that the employer has suffered financially on account of riots, war or through natural calamities or that delay caused in the payment of unpaid fines was due to circumstances beyond his control, the Welfare Commissioner may remit in part or whole the penalty payment under sub-section (2) of Section 6-B :

Provided that if the amount of penalty to be remitted exceeds Rs. 500 the remission shall not be made without prior sanction of the Board.]

RULE 05: MAINTENANCE AND AUDITOF ACCOUNTS

8The accounts of the funds shall be prepared and maintained by the Accounts Officer of the Board in Form 'A' and shall be audited by the9[Chief Auditor, Local Fund Accounts], Maharashtra State Bombay, once a year. The Welfare Commissioner shall be responsible for the disposal of the audit note.

RULE 06: UUDGCT OF BOARD

(1) The budget estimates for each financial year shall be prepared and laid before the Board on or before the 1 st day of December of the previous financial year and, after it is approved by the Board, shall be forwarded to the State Government for approval on or before the 15th December. The State Government shall approve of the budget before the 15th January after making such amendments and alterations as it considers necessary.

(2) The budget thus amended or altered and approved shall constitute the budget of the Board for the ensuing financial year and shall be issued under the seal of the Board and signed by the officer or officers of the Board duly authorised in this behalf. An authenticated copy of budget shall be forwarded to the State Government before the 28th February.

RULE 07: ADDITIONAL EXPENDITURE

If during the course of the financial year it becomes necessary to incur expenditure over and above the provision made in the budget, the Board shall immediately submit to the State Government the details of the proposed expenditure, and specify the manner in which it proposed to meet the additional expenditure. The State Government shall either approve the proposed expenditure after making such modifications as it considers necessary or reject it, A copy of the order passed by the State Government on every such proposal to incur additional expenditure shall be communicated to the Board and the Auditor, if any, appointed by the State Government.

RULE 08: APPLICATION FOR GRANT FROM FUND

Any employer, local authority or any other body, may make an application to the Welfare Commissioner for a grant under Section 7 (3) of the Act. Such application shall be placed by the Welfare Commissioner before the Board within a month of its receipt with his remarks, and the recommendations of the Board shall be forwarded to the State Government by Welfare Commissioner for obtaining the approval of the State Government.

RULE 09: MODE OF PAYMENT

All payments from the fund amounting to —

(a) less than Rs. 50 may be made in cash :

(b) Rs. 50 or more shall be made by cheque issued by the Welfare Commissioner ; provided that the Board may, in any particular case for special reasons, authorise such payment also in cash.]

RULE 10: CONSTITUTION OF BOARD

11[(1) The Board shall consist of twenty members including the Chairman, out of which five shall be the representatives of employers and employees each, six independent members and four representatives of women.]

(2)12

RULE 11: ALLOWANCE OF THE MEMBERS

The members shall hold their offices in an honorary capacity provided that each member shall be eligible to an honorarium of Rs. 10 for attending each meeting of the Board and to traveling and daily allowances admissible to first grade officers of the State Government.

RULE 11A: ALLOWANCES OF MEMBERS OF COMMITTEES

The members of the committees constituted under Section 6-AA shall be eligible to an honorarium of Rs. 10 for attending each meeting of the committee and to travelling and daily allowances admissible to first grade officers of the State Government.]

RULE 12: MEETINGS OF BOARD

(1) The Board shall meet at least once every quarter and as often as may be necessary.

(2) All members of the Board shall be given seven clear days' notice of a meeting specifying the date, time and place of the meeting and business to be transacted thereat:14

[Provided that, seven clear day's notice shall not be necessary where, in the opinion of the Chairman, business of an emergent nature has to be transacted.]

RULE 13: QUORUM

The number of members necesary to constitute a quorum at a meeting of the Board shall be seven including the Chairman.

RULE 14: CHAIRMAN TO PRESIDE

Every meeting of the Board shall be presided over by the Chairman or if the Chairman is, for any reason, unable to attend it, 15* * * by such one of the members present as may be chosen by the meeting to be Chairman for the occasion.

RULE 15: ADJOURNMENT OF MEETING

If there is no quorum as laid down in Rule 13, the Chairman shall, after waiting for thirty minutes after the expiration of the appointed hour, adjourn the meetings to such hour on some other future day as he may reasonably fix. A notice of such adjourned meeting shall be sent to every member of the Board and the business which would have been brought before the original meeting, had there been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting. Whether there be a quorum or not.

RULE 16: ALL QUESTIONS TO BE DECIDED BY MAJORITY

All questions coming before the meeting of the Board shall be decided by a majority of the members present and voting at the meeting, the Chairman having a second or casting vote in all cases of equality of votes.

RULE 17: MODE OF EXERCISING VOTES

Votes shall be taken by show of hands and the names of persons voting in favour and against any proposition shall be recorded only if any member requests the Chairman to do so.

RULE 18: MINUTES OF THE MEETING

The Board shall keep minutes of the proceedings of each meeting of the Board, and shall include therein the names of the members present. A copy of such minutes shall be submitted by the Board to the State Government as soon as they are confirmed by the Board.

RULE 18A: RECRUITMENT ANIL CONDITION:, OF SERVIE OF WELFARE COMMISSIONER

(1) Appointment to the post of Welfare Commissioner shall be made either —

(a) by nomination from among persons .—

(i) who are not less than 35 years and more than 45 years of age :

(ii) who holds a degree in Economics and Sociology of any University recognised by the State Government in this behalf and diploma in Labour Welfare or Social Sciences of any institute recognised by the State Government in this behalf;

(iii) who have sufficient knowlege of Marathi and are able to speak, read and write in that language ;

(iv) who have at least ten year's experience in a responsible capacity in labour or social welfare administration ; and

(v) who have sufficient knowledge and experience of organising physical, cultural and other recreational activities ;

(b) by promotion from among Deputy Welfare Commissioners who have put in continuous service of at least three years in that post; or

(c) by deputation of officers from the cadre of Deputy Commissioner of Labour or of Assistant Commissioner of Labour,—

(i) who possess the educational qualifications mentioned in sub -clause (ii) of clause (a); and

(ii) who have put in a continuous service of five years in any capacity, and lower in rank than that of an Assistant Commissioner of Labour.

(2) A candidate appointed by nomination shall be on probation for a period of two years, and shall be required to pass an examination in Hindi in accordance with the rules made in that behalf by the State Government.

(3) The post of Welfare Commissioner shall carry —

(i) the pay-scale of 17[Rs. 800-50-l,300-(Mofussil)]:

(ii) a dearness allowance at the rate admissible to an officer of the State Government drawing equal to that drawn by the Welfare Commissioner; and

(iii) a conveyance allowance of 18[Rs. 150] per month, where the holder of the post maintains a motor car, and a conveyance allowance ofl9[Rs. 60] per month where the holder of the post does not maintain a motor car:

Provided that during the period of probation, a candidate appointed by nomination shall be eligible to draw a fixed pay of20[Rs. 800] per month.]

RULE 18B:

The Board may delegate its powers and functions to the Welfare Commissioner in relation to the following matters, subject to the conditions and limitations specified below, namely :—

(1) Under Section 7. subject to the provisions of any rule made in this behalf —

(a) to sanction expenditure within the budget grants approved by the State Government:

(b) to transfer funds among the following detailed heads account, namely :

(i) Community and social education centres :

(iii) Reading rooms at centres ;

(iii) Libraries at centres:

(iv) Circulating Libraries ;

(v) Community necessities ;

(vi) Games and Sports ;

(vii) Excursions, tours and holiday homes ;

(viii) Entertainment and other forms of recreation ;

(ix) Home Industries ;

(x) Subsidiary occupations for women and unemployed persons ;

(xi) Remunerative employment.

(c) to write off any loss when its value is not more than Rs. 250.

(2) Under Section 14--

(a) to appoint the necessary clerical and executive staff to carry out and supervise the activities financed from the Fund, on posts, the basic salary of which is not more than Rs. 250 per month ;

(b) to exercise powers of administration and taking disciplinary action against such staff as stated below :-—

(i) Power to transfer, sanction increment, fix pay, grant joining time, depute on foreign service, sanction leave, relax qualifications.

(ii) Power of discharging a person —

(a) on probation, during the period of such probation ;

(b) appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of that appointment or for any other reason ;

(c) engaged under contract, in accordance with the terms of his contract;

(d) appointment otherwise than under a contract, to hold a permanent appointment, on the abolition of that post or for any other reasons.

(iii) Powers of imposing any of the following penalties :-

(a) censure ;

(b) withholding of increments or promotion, including stoppage at an efficiency bar;

(c) reduction to a lower post or time scale or to a lower stage in a time scale ;

(d) recovery from pay of the whole or part of any loss caused to the Board by negligence or breach of orders ;

(e)fine ;

(f) suspension ;

(g) removal from the service of the Board, which does not disqualify from future employment;

(h) dismissal from the service of the Board, which ordinarily disqualifies from future employment;

(i) any other punishment with the approval of the Board :

Provided that every member of such staff shall have a right to appeal to the Board against any order or reduction, dismissal or removal from service, fine or any other punishment.]

RULE 18C:

23

RULE 19: ADDITIONAL POWERS OF INSPECTOR

Every Inspector shall, for carrying out the purposes of the Act, also have the powers to require any employer to produce any document for his inspection, to supply him a true copy of any such document and to give him a statement in writing.

RULE 19A: PERCENTAGE OF ANNUAL INCOME OF KIND TOWARDS STAFF

The Board shall ensure that the expenses of the staff including the staff employed for carrying out the programmes of the Board, and other administrative expenses, shall not exceed 60 per cent, of the annual income of the Fund.]

RULE 20: PUBLICATION OF ANNUAL REPORT OF BOARD

The Board shall, within three months of the date of the closing of each financial year, submit to the State Government for approval an audited statement of receipts and expenditure together with an annual report giving its activities in the year. 25[The statement and report shall be laid as soon as may be after they are approved by the State Government before each House of the State Legislature while it is in session for a period of one month. After they are so laid, the Board shall cause the same to be published in such manner as it may deem fit.]

RULE 21: MAINTENANCE OF REGISTERS BY EMPLOYERS

(1) Every employer of an establishment shall maintain and preserve for a period of 10 years — (a) a register of wages in27[Form 'B']28[except in cases where the employer maintains a muster rollcum wage register prescribed under the Bombay Minimum Wages Rules. 1963]; and (b) a consolidated register of unclaimed wages and fines in27[Form 'C']. However, in cases pending before Appellate Authorities the record shall be preserved till the cases are finally disposed.

(2) The employer shall by the 31st January every year forward to the Welfare Commissioner a copy of the extract from the register in Form 'B' pertaining to the previous year.]