BOMBAY LABOUR WELFARE FUND (GUJARAT AMENDMENT) ACT, 1980
GUJARAT ACT NO. 36 OF 1980.
(First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 26th December, 1980).
An Act further to amend the Bombay Labour Welfare Fund Act, 1953.
It is hereby enacted in the Thirty-first 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, 1980.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 3 of Bom. XL of 1953.
2. In the Bombay Labour Welfare Fund Act, 1953 (hereinafter referred to as “the principal Act”), in section 3, in sub-section (2), after clause (bb), the following clause shall be inserted, namely:—
“(bbb) any interest paid under section 6C;”;
Insertion of new section 6C in Bom. XL of 1953.
3. In the principal Act, after section 6B, the following new section shall be inserted, namely: —
Interest on unpaid accumulation fines and contributions after notice of demand.
“6C. (1) Where an employer does not pay to the Board any amount of unpaid accumulations or fines realised from the employees or any amount or the employer’s or, as the case may be, employee’s contributions within the time he is required by or under the provisions of this Act to pay such amount, the Welfare Commissioner may cause to be served a notice on such employer to pay to the Board the amount within the period specified therein, which shall not be less than thirty days from the date of service of such notice.
(2) Where the employer on whom a notice is served under sub-section (1), fails without sufficient cause to pay any such amount within the period specified in the notice, he shall, without prejudice to any penalty which may be imposed on him under this Act be liable to pay to the Board simple interest on that amount for the period commencing on the date of expiry of the period specified in the notice and ending on date of the payment of that amount—
(a) in respect of the period falling within the first three months after such expiry, at the rate of twelve percent per annum, and
(b) in respect of the other period, at the rate of eighteen percent per annum.
(3) The amount of interest payable to the Board under sub-section (2) shall be collected by the Welfare Commissioner in such manner as may be prescribed:
Provided that the Welfare Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the amount of interest in respect of any period.”.
Amendment of section 17 of Bom. XL of 1953.
4. In the principal Act, in section 17,—
(1) after the words “Any sum payable” the words “to the Board or” shall be inserted;
(2) in the marginal note, after the words “sums payable” the words “to the Board or” shall be inserted.
Insertion of new sections 17A, 17B, 17C, 17D and 17E in Bom. XL of 1953.
5. In the principal Act, after section 17, the following new sections shall be inserted, namely;—
Penalty for failure to make payment of unpaid accumulations etc.
“17A. Any employer who fails to pay any amount of unpaid accumulations or fines realised from employees or any amount of the employer’s or, as the case may be, employee’s contributions, within the period specified in a notice served on him under sub-section (1) of section 6C, shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.
Penalty for unlawful deduction.
17B. Any employer who deducts the whole or any part of the employer’s contribution from the wages payable to an employee or otherwise recovers it from the employee shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.
Penalty for obstructing inspectors exercising powers or discharging duties, etc.
17C. 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 document maintained in pursuance of the provisions of this Act or the rules made thereunder or to supply to him on demand true copies of any such document, shall, on conviction, be punishable—
(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 offences, 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 reason to the contrary to be mentioned in the judgement 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.
Offences by companies.
17D. (1) Where an offence under this Act is committed by a company every person who at the time when the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if, he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
Provisions relating to jurisdiction.
17E.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973—
(a) no court inferior to that of a Metropolitan Magistrate or a judicial Magistrate of the first class shall try any offence punishable under this Act; and
(b) no court shall take cognisance of any offence punishable under this Act, unless a complaint thereof is made within six months of the date on which the offence is alleged to have been committed.
(2) No prosecution for any offence under this Act shall be instituted, by any person except an Inspector and no prosecution shall be instituted by the Inspector except with the previous sanction of the Welfare Commissioner.”.
Amendment of section 19 of Bom. XL of 1953.
6. In the principal Act, in section 19,—
(1) in sub-section (2), after clause (b), the following clause shall be inserted, namely:—
“(bb) the manner in which the Welfare Commissioner shall collect under sub-section (3) of section 6C the amount of interest payable under sub-section (2) of that section to the Board, and the conditions subject to which the Welfare Commissioner may remit the whole or any part of the amount of interest under the proviso to sub-section (3) of that section;”;
(2) after sub-section (2), the following sub-section shall be inserted, namely:-
“(2A) In making any rules under this section, the State Government may direct that a breach thereof shall be punishable with fine not exceeding two thousand rupees, and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the continuance of the offence.”. |
