BOMBAY LABOUR WELFARE FUND (GUJARAT AMENDMENT) ACT, 1973 GUJARAT ACT NO. 29 OF 1973. (First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 30th November, 1973). An Act further to amend the Bombay Labour Welfare Fund Act, 1953. It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows:— Short title and commencement. 1. (1) This Act may be called the Bombay Labour Welfare Fund (Gujarat Amendment) Act, 1973. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Amendment of section of Bom. X of 1953. 2. In section 2 of the Bombay Labour Welfare Fund Act, 1953 (hereinafter referred to as “the principal Act”),— (1) after clause (1), the following clause shall be inserted, namely:— “(1A) “contribution” means the sum of money payable as contribution to the Board in accordance with the provisions of section 6B;”; (2) in clause (2)- (i) for the words “manual or clerical” the words “manual, clerical, supervisory or technical” shall be substituted; (ii) the following shall be added at the end, namely:— “but does not include any person— (а) who is employed mainly in a managerial capacity, or (b) who, being employed in a supervisory capacity, draws wages exceeding seven hundred and fifty rupees per mensem or exercises, 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;”; (3) in clause (4), for the portion beginning with the brackets, figures and words “(iii)any establishment” and ending with the words “or any State Government’' the following shall be substituted, namely:— Bom. LXXIX of 1948. “(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948, which employs, or on any working day during the twelve months preceding the specified date employed, ten or more persons: Provided that, any such establishment shall, subject to the provision contained in the succeeding proviso continue to be an establishment for the purposes of this Act, notwithstanding a reduction in the number of persons to less than ten 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 ten, 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 months, and the employer 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;”; (4) after clause (9), the following clause shall be inserted, namely:— “(9A) "specified date” in relation to any establishment for the purpose of payment to the Board of any sum specified in item (a), (b) or (bb) of sub-section (2) of section 3 shall be the date on or before which any such sum becomes payable to the Fund;”; (5) for clause (11), the following shall be substituted, namely:— IV of 1936. “(11) "wages” means wages as defined in clause (vi) of section 2 of the Payment of Wages Act, 1936;”. Amendment of section 3 of Bom. XL of 1953. 3. In section 3 of the principal Act,— (1) in sub-section (1), for the word, figure and letter “section 6A” the words, figures and letters “sections.6A and 6B” shall be substituted; (2) in sub-section (2),— (а) after item (b), the following shall be inserted, namely:- “(bb) any contribution paid under section 6B;”; (b) in item (d), the word “and” shall be deleted; (c) after item (e), the following items shall be added, namely :— “(f) any loan, grant-in-aid or subsidy paid by the State Government or any local authority or statutory corporation; (g) all sums received in any other manner or from any other source.”. Insertion of new section 6B in Bom. XL of 1953. 4. After section 6A of the principal Act, the following new section shall be inserted, namely:— Contribution. “6B. (1) There shall be paid to the Board for the purposes of this Act a contribution payable by the employer in respect of an employee in an establishment (hereinafter referred to as “the employer’s contribution”), a contribution payable by such employee (hereinafter referred to as “the employee's contribution”) and a contribution payable by the State Government, as hereinafter provided and every such contribution shall form part of the Fund. (2) The amount of employee’s contribution shall be payable every six months in respect of every employee whose name stands on the register of the establishment concerned on 30th June and 31st December respectively, at the rate of 25 paise for every such employee and the amount of employer's contribution shall be payable every six months at the rate of 50 paise for each such employee: Provided that the State Government may, by notification in the Official Gazette, increase the said rate of employee’s contribution to such amount not exceeding 50 paise if it considers necessary to do so to enable the Board to fulfil the objects of this Act: Provided further that where the rate of employee’s contribution is so increased by the State Government, the rate of employer’s contribution shall be twice the rate of employee's contribution as so increased. (3) Every employer shall pay to the Board both the employer’s contribution and the employee's contribution before the 15th day of July and 15th day of January, every year. Guj.29 of 1973. (4) Notwithstanding anything contained in sub-sections (2) and (3), the employer’s contribution and the employee’s contribution payable for the first time after the date of the coming into force of the Bombay Labour Welfare Fund (Gujarat Amendment) Act, 1973, (hereinafter referred to as “the appointed date”) shall be payable before such date, and at the respective rates as aforesaid for every employee whose name stands on the register of the establishment concerned on such date as may be specified by the State Government by notification in the Official Gazette and such contributions payable next thereafter shall be paid in accordance with the provisions of this Act, irrespective of whether the period of six months as specified in sub-section (2) has passed or not. IV of 1936. (5) Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and the rules made thereunder the employer shall be entitled to recover from any such 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: Provided that no such deduction shall be made in excess of the amount of the contribution payable by such employee, nor shall any each deduction except the deduction in respect of the employee’s contribution payable for the first time after the appointed date be made from any wages other than the wages for the months of June and December : Provided further that, if through inadvertence 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, (6) 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. (7) 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. (8) An employer shall pay the employer’s and the employee’s contribution to the Board by cheque, money-order or in cash, and he shall bear the expenses of remitting to the Board such contribution. (9) 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 the employer’s contribution in respect of his establishment for the period to which the statement relates and on receipt of the statement from the Welfare Commissioner, the State Government shall pay to the Board a contribution of an amount equal to the employer’s contribution in respect of that establishment: Provided that the statement in relation to the employee’s contribution payable for the first time after the appointed date referred to in sub-section (4) shall be submitted as soon as possible after the specified date in relation to that contribution.”. Amendment of section 12 of Bom. XL of 1953. 5. In section 12 of the principal Act, to sub-section (1), the following shall be added at the end, namely:— Bom. LXXIX of 1948. “Inspector appointed, whether by a local authority or the State Government under the Bombay Shops and Establishments Act, 1948 in relation to any area, shall be deemed to be also Inspector for the purposes 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.”. Amendment of section 18 of Bom. XL of 1953. 6. In section 18 of the principal Act, in sub-section (1), for the words “in the prescribed manner” the words “in the manner specified in sub-section (1) of section 4 for constitution of the Board” shall be substituted. |
