The Punjab Labour welfare Fund Act, 1965

The Punjab Labour welfare Fund Act, 1965 Act 17 of 1965 Keyword(s): Emplyee, Employer, Establishment, Factory, Independent Member, Unpaid Accumulations, Wages Amendment appended: 17 of 1965, 8 of 2012, 6 of 2013 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 1965 : Pb. Act 171 LABOUR WELFARE FUND 409 THE PUNJAB LABOUR WELFARE FUND ACT, 65. ARRANGEMENT OF SErnONS 4 Sections 1. Short title, exlenr and commencement. ,, - 2. Definitions. ,?A. Construction of certain references in the Act. 3. Welfare Fund. 4. Es!ablishmcnt of Board. 5. Power of State Governmeni 10 remove members from office in certain:es. 6. Vacancies, ctc., nat lo invalidate proceedings of Board. 7. Term of office. casual vacancies and resignation. 7A. Members to hold office during the Pleasure of the Stare Government, 7 8. Proctdurc nol the meetings of the Board. 9. Unpaid accumulations and claims thereto. 9k conuibution ttl Fund by employers and employees. 10. Vesting and applicalion of Fund. I 1. Powcr of Board to Borrt~w. 12. Invesunent of Fund. 13. Powcr of Stare Government to give directions to [he Board. 14. Appointment and powcrs of Welfare Commissioner, 15. Appointment of Inspeclors. (. 16. Absorption of the existing staff under Labor Commissioner. 17. Appointment of clerical and o~hesrt aff by Board. 18. Poiverof StaleGovernment to remove any person nn s~arfofBoard. 19. Power of Stare Government or Authorised Officer to call for records, elc. 20. Mode of recovery of sums payable into fund, elc. 410 LABOUR =FARE FUND [I965 : Pb. Act 17 22. Members of rhe Board, Welfare Commissioner, Inspcctors and all oficers and serv'ants of Board 10 be public servanls. 23. Delcgalion. 24. Frotcction of persons acting in good faith. 25. Exemptions. I 26. Application of Act to certain cstablishrnenk of Central and State Governmcnu. 26.4. Penalty. 26B. Cognizance of offences. 27. Power to make rules. 1965 : Pb. Act 171 LABOUR WELFARE FUND 411 'THE PUNJAB LABOUR WELEFARE FUND ACT, 1965 (PUNJAABc r NO.1 7 OF 1965) [Received the assent of the Presidenr of hldia or1 the I7th July, 1965. mldfirst published for general infumtcrrion i!r the Piilljab Govemnzetrt Gazerce , (f itraordinary), Legislative Supplement, P& I, J& 2 7, 1965.1 1 2 3 4 Year No. Short ritle Whether repealed or otherwise affected by Legislation 1965 17 The Punjab Amended by the Punjab Labour Welfare Labour Wclfartc Board (Reconstiturion and Fund Act, 1965 Reorganisadon) Order, 1969' . Amended by Haryana Act 14 of 197 1' Amended by Hary ana Act 9 of 197 8' Amended by Haryana Ac119 of 198 l5 Amended by Haryana Act 39 of-19SP Amendtd by Hqana Act 1o f 20027 - to provide for the constitution of a Fund for the financing of activities to promote welfare of labour in the State OF Punjab and for conducting such activities and for certain other purposes. Be it enacled by the ~e~islahomf th e State ofP unjab in [he Sixteenth Year of the Republic of India as follorvs :- . 1 (I) This Act may be called the Punjab Labour Welfare Fund Act, short rill~ex~te nt and 1965. commencement. L. For Staement of Objecu and Rcqns. sep Ptttrjab Govenl~tr~G~uz~errr e (E~ruardinaiy), 1965, page 452. 2. ,See Govcromcnt of India. ~inistorf~ H amc Affairs, S.O. 1302, dated the 28~hM arch 1979. published in Gazelte of India (Extra.), Part 11, secuon 3(ii), of 31st . Macrch. 1469. : , '3. For Slatcmen~o TObjccb and Reasons see Harpno ~dvernntaG~ra zefie (F;nroodinory). 197 1, pagc 198. 4. For Sraterncn~o f objccts and.Reasons. see flaryano Govrr~lmenrG ar~ric (Earaordirlnry). daed,lhe 1 1-3-1978. pagc 340. 5. For Stalemcnt o'f objcc~sa nd ~eas'ons,s ep Ilaryrr~~Goo uernnrenr Gozerr~ . . (Ertraordinory), dalcd [he 21-9-198 1. pagc 1400. , 6, For Slatemen! or objec~sa nd, Reasons. see Haryorla Oovcrnnrenr Gorrrte (Errmordinary), da~cdth e 21 -3- 1988, pagc 3W. 7. For Statement of Objecrs and Reasons. .FCC Haryorla Goverrlnlerlr Gazette (~~rronrdi;d~alacd~ t)h.c 8- I I -2nCll.p agc 154 1. , , 412 LABOUR WELFAREF UND [I965 : Pb. Act 17 '[(Z) It extends to the tei-ritories which, hmediately before the 1st day of November, 1966, were comprised in the State of Punjab, excluding the tem tory transferred to the Union te'nitory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (3 1 of 1966).] (3) !1 shall come into fmeo n the first day ofluly, 1965. Definitions. 2. In this Act, udessthecontextotherwiserequires,- l[(1)" Board" means the Labour Welfare Board established and constituted under section 4 for each of the States of Punjab and Haryana and theunion ~ekitoorf ~~h andi~ar;]f i (2) 'employee' means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in an establishment ; (3)' employer' means any person who employs, either directly or through ano-therp erson on behalf of himself or any other person, one or more employees in an establjs hmen t. and includes,- (iJ inafactory. any personnamedunderclause(f)of sub- section (I)o f section 7 of thc Fac~oriesA ct, 1948, as the manager ; ... , (id in any establishment, other than a factory, any-person responsible to the owner of the establishment for the supemision wd control of the employees or for the payment of w ages ; (4)' estabhsfunent' means- (i) a factory ; - . (ii) a motor omnibus servicc ;o r (iii) any establishment, including a society registered under the Societies Registrarion Act. 1860, and a charitable or other trust, whichcamas on any business or trade or any work connected therewith or gncillaq the~taon d has been employing on any working 1. Subslitured lor sub-section (2) by the Punjab Labour Welfare Board (Reconstitu!ion and Reorganisation) Order, 1969, Schedule (with cffect From JstApril, 1969). 2. Suhsritutcd for sub-section (1) by ihid., Schedule (with effccr from IstApril. 1969). 1965 : Pb. .Act 171 LABOUR WELFARE FWD 413 day during the preceding twelve months more than twenty persons ; (5)' factory: means a factory as defined inclause (mJo f section .' 2 of the Factories Act, 1948, or any place which is deemed to-bea factory 1 under sub-sectibn (2) of section 85 of that Act ; '[(6) "Fund'' means the Labour We1 fare Fund constituted under section 3 for each of the States of Punjab and Haryana and the Union territory ofChandig;Lh ;I (7) 'independent memlxr' means a memkr of the Board who is . not connected with th. e'm. anagement of any establishment or who is not an . empt oyee ; (8) 'Inspec tor' means an Tnspec tor appain ted under seccion 15 ; (9) 'prescribed' means prescribed by rules made under this Act ; . (I0)'unpaid accurnularions' mea& .all payments due to . the employees but not made to them within a period of Z[two years] from the date on which they became due, whether before or after the commencement of this Act, including the wages, bonus and grdtuity legally payable, but not including the amount of contribution, if any, paid by an empIoyer Wa povident fund established under the Employees Provident Fund Act, 1952. (il)'wages' means wages as defincd in clause (6) of section 2 of the Payment of Wages Act, 1936 ; (12) elfa ark om missioner' means the Welfare Commissioner appointed under section 14.' 3[ZA. (1)I n the applicalion of the provisions of this Act to the Union Cons~uctiono f territory of Chandigarh, any reference therein to the State or State Govemmenr certain I shall be construed as a eferena to the Administrator of theunion territory of references in the Act. Chandigarh. 1. Subsliluted by the Punjab Labour Welfare Board (Reconsrimtion and Reorganisation) Order. 1969, Schedule (with effec~fr om 1st April, 1969). . 2 Substiruted by Haryana Act 1 of 2002. 3 Section 2-A addcd by the Punjab-Labour Welfare Board (Recons!itulion and Renrganisatinn) Order, 1969, schedule (wilh effect from lsi April, 1969. 414 LABOUR WELFARE FUND [I965 : Pb. Act 17 (2) Sub-section (3) of section 27 shall not apply in relation to the Union tem tory of Chandigarh but shall apply to the State of Hary ana with the modifications that for the words "each house.of the State Legislature", the words "the Legislative Assembly" and for the words .. "both Houses agree" at both the places where,they occur, the words "the Legislative Assembly agrees" shall be substitutcd." Welfare fund. 3. (1) The State Government shall constitute a Fund called the Labour Welfare Fund and, notwithstandng anything contained in any other law for thc time being in force or in any contract or instrument, all unpaid accumulations shall be paid to rheBoard which shall keep a separate account cherefor until claims thereto have been decided in the manner provided in section 9, and the other sums specified in sub-scction (2) shall be paid into the Fund. (2) The Fund shall consist of- (u) all fines reaIized from the employees ; (hJ unpaid accumulations transferred to the Fund under section 9 ; (c) grants and subsidies to the Board made by [he State Government ; (4 any voluntary donations ; (el any fund transferred under sub-section (5) of section I0 ; '[ 1 any sum borrowed under section 11 ; ZI(g] anycontributionofemployersandemployees; I (3) The sums specified in sub-section (2) shall be collected by such agencies and in such manner and the accounts of the Fund shall be maintained and audiled in such rnanncr as may be prescribed. ' '[(#)The employer shall be required to pay interest at the rate of twelve per cent per annum on h ea mount of unpaid accumulations incase he fails todeposit the same within aperiodofone yearfrom theprcscribeddate. The ratc of interest thereafter shall be twenty percent pcr anrium. 1. Omitted by Haryana Act 1 of 2002. 2 Added by Haryana Act 1 of 2002. , m 3. Added by Haryana Act 14 of 197 1 and funhcr substitu~edb y Haryana Act 1 9 of 1988. ,1965': Pb. Act 171 LABOUR WELFARE EUND 415 (5) An employer who has already incurred the liability of payment of fine at the-rate of twenty-five per cent at the Lime of commencement of the Punjab Labour Welfare (Haryana Amendment) Act, 1988, shall be liable to pay interest at the rate of twenty per cent per annum from the datc of commencement or from the expiry oftvjoyears fromthedateofincurring theliability ofpaymenrof he,w hichever is later,] '[4. ( i) For the purpose of administering the Fund and for performing Establishment of such other functions as are assigned to it by or under this Act, the State Board. Govem~~esnhta ll by notificatione srablish a Board to be known as "heL abour Welfare Board for Punjab or Haryani or the ~ n ite~rrintor y of Chandigarh'' as the case may be.] . (2j The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of hisA ct, to acquire, hold or dispose of property, and to contract, and may by that name sue or bc sued. * . (-?)neR oard shall consist of the following members, including the I Chairman, to be noomiated by beS tate Government, namely :- (a) such equal number of representatives of ernploycrs and employeesa s may be presc~ibed; a nd (b) such number of independent members, whether official, non-offi cia! or both, as may be prescribed. (4) No person shall be nominated as a member of the Board w h e . ... . . < , . 3 (a) isasalariedofficial oftheBoard;br {bJ has been adjudged as an insol vent ;o r (c) is of unsound mind and stands so declared by a comperent court or is, in the opinion of the Stale Government, physicdly ormentalIy unfit ~o be appuinted as a member ;o r 1 Subs~i~utebdy the Punjab Labour Welfare Board (Recunstitulion and Rmrga6isition) Ordcr, 1969, Schdule (with effect from 1st April, 1969. Govt. of India. S.O. No. 1302, dated the 28th March. 1969. (Extra.). page405, ['with effect irom 1st April, 1969). LABOUR WELFARE FUNO [I965 : Pb. Act 17 (d) has been convicted of an offence which, in the opinion of the state Govemrnenr, involves moral turpitude.;, Power of Slate 5. The S rate Government may remove from office the Chairman ' - Govemrnenltoo rany memberof.theBoard wh- i remclve members . from oficein . (a) absents himself from three consecutive meetings of the ! cenain cases. Board without p&isson of the Chairman of theBoard in the case of a member and of the State Govcmment in the case of the Chainnan ; (b) is or has become subject to any of the disqualifications mentioned in sub-section (4)o f section 4 ;or . . .(c) so abuses hisposi~o"& lo~ndehri scontinuanceinoffice detrimental to the public interest. Vacancies ctc.. 6. No act done, orproceeding taken, underthis Act by theBoard not to invalidate shall be invalid merely on the ground- - proceedings of Board. (a) of any -vacancy or defect in rhe constitution of the (h) of any defect or imgulari ty in the nomination of a,person - actjpg as a member thereof ;o r (cj ofa ny defect or irregularity in such act or pmeeding, not affecting the merits of thc case. Term of office, 7. (1) The term of ofice of a member of the Board shalI be three casuavl acanciayeanco rnmcncing on the date on which his nomination is notified in the Official and resignation. Gazette : , Provided that a member norninatcd to W1 a casual vacancy shall hold office for the unexpired portran of the term of office of the member in whose place thc former is nominated. (2) A member of the Board, including the Chairman themf, may resign his ofice by notifying in writing his intention to do so to the State Govemmcnt., and on such mi gation being accepted by the state Governmen4 he shall be deemed to have,vacated,hiosf lice. (3) Tf a vacancy arises in the office of the Chairman or a member of thc Board, whether by death, resignation, removal or othdse. the vacancy shaI 1 be filled up by the State Government in accordance with the provisions of section 4. 1965 : Pb. Act 171 LABOUR WELFARE FUND 417 (4) An outgoing, member, including the Chairman shall be eligible for re-nomination. , ' '[7A.N otwithstanding anything to the conuary contained in this Members 10 Act, the members of the Board shall hold office during the pleasure of the hold office during [he State Government.] pleasure of the state Government. 8. { 1 The Chairman, a d i n his absence, a member of the Procedure at the ~oadnominatedb~the~tate~ovcmmentshall~resideatamectin~of~le Board. Board. (2) All questions at a meeting of the Board shall be decided by a majority of the members of the Board present voting : Provided that in the case of an equality of votcs, the Chairman or the person presiding, as he case may be;shdl, in addition tohis vote as a member , have a second orcasting votc. (3) The quorum at a meeting of the Board and the manner in - which the busincss ofthe Board shal I bcconductedshall be such as may be I prescribed 9. (1) All unpaid accumulations shall be deemed to be abandoned Unpaid . PmPertY- , accumulations and claims (2) Any unpaid accumulario~psa id to th= ~oaridn 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 there of but to the extent only of the mount paid to the Board, and the liability to make payment to the employee to the extent aforesaid shall, subject LOt hc succeeding provisions of this section, be deemed to be uansferrcd to the Board. (31 As soon as possible after the pay-ment of ,any.u npaid accumulations is ma& to the Board, the Bnvd shalt, by notice (containing ! - , such particulars aS may be prescriM& ,. , , (a) exhibitedonthcnoticebdoftheestablishmentin which the unpaid accumulations was earned ; (b) published in the Official Gazette and also in any two newspapers in both the regional languages of - 1. inserted by Haryana Act 19 of 198 1. LABOURW ELFARE FUND [I965 : Pb. Act 17 the State having large circulation in the area in which the establishment is situated or in such other manner as may be prescri bcd, regard being had to the amount of the claim ; invite claims by employeesfor any payment duc to them. The notice shall he inserted in the manner aforesaid in June and December of every year, for n period of three y mfm m the date of the payment of the unpaid accumulations to the Board. (4) If any question arises whether the notice referred to in sub- section (3)w as p e na s required by lhat sub-section a certificare of the Board that it was so givcn, shall be conclusive. (5) If a claim is receivcd, whethcr in answcr to the notice or otherwise, wj thin a period of four ycars from thc date of fi rst publicalion of the notice in respect of such claim,- (a) where the amount of claim so received is equal to the amount deposited by the management with the Board, the ,amount of the claim shall be paid by the Board to the . . , ehployee,concefned; imd . -. (b) in any other case, the Board shdI transfer such claim to the Authority appointed under section 15 of the Payment of Wages Act, 1936, havingj urisdcuon in the a mi n which the establishment is or has been situated, and the Authority shall prcceed to adjudicate upon, and decide, such claim. In hexing such claim the Authority shall have the powers confemd by, and follow t hc procedure (in sd far as it is applicable) followedin givingeffect to the provision of, that Act. (6) If the Authority aforesaid is satisfied that any such claim is valid so hat the right to receive payment is established, it shall decide that the unp~~accumula'tioinns r elatioh to which the claim is made shall c w et o be deemedto be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof is the Authority decides are properly due, to the employee ;a nd the ~oarsdh dl make accordingly Provided that the Board s ha11 riot t~ liable to pay any sum in excees of that paid under sub-section (1) of section 3 to the Board as unpaid accumulations in mpcct of the claim. 1965 : Pb. Act 171 LABOUR WELFARE FUND 419 (7) If a claim for payment is refused, the employee shall have a right ofa ppcal to thecourt ofDislrict Judge and theBoardshall comply with ,any order made in appeal. An appeal shdl ie within sixty days of the decision of the Authori ty. C (8) The.decisjono f the Authority ,s ubject to the appeal aforesaid, and the decision in appeal 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 my. (9) If no claim is made within the time specified in subsection (5) or a claim has bccn duly refused as. aforesaid by the Authority, or on appeal by the Court, then the unpaid accumulations in respect of such clai rn shall accrue to, and vest in, the State as bona vacantia, and shall therearm, without furthcr assurance, be deemed to he transferred to, and lorn part of, the Fund. [ 9A. (I) Every employee shall contribute one rupee per month to Conlribution to theFundandcvqemployershall,jnrespectofeachsuchemployee,mntribute Fund by two rupees per month to the Fund. .-, c e r m n p p l l o o y y e c e rs s . a nd t' I Fxp~anatio~~.-Fothr e purpose of sub-secuon (I)," 'employee"m eans an employee on the register of an establ'ishment on the last working day of . . the month. - : (2) Every employer shall pay to the Fund both his contribution and the contribution of thc employee before the 31st aecember of every year by crossed cheque or demand draft in favour of WeIfare Cc)mmissiuner. (3) The employer shall be entitled 'to recover from the employee the employee's con^ bution by deduction from his wages and not otherwise : ~rbvided'thanto such deduction shall be made in excees of the i amount of the contribution pay~bleb y such employee : ' Providedf urther that if through inadveitence & 6n account of some other reason, no suc h deduction been made from the wages of an employee for any monlh, such deduction may: lx mi& from the wages of such employee in any subsequent month after intimation in writing to the employee and the Inspect or : 1. Insened by Hnryana Acr 1 of 2002. 420 LABOUR WELFARE FUND [I965 : Pb. Act 17 Provided further that it shall be no excuse for the employer for non- payment of contribution to the ~ u ntdha t he had not deducted the conlri bution of theemployee horn his wages.] Vesting and 10. (I) The Fund shall vest in, and be held and applied by, the' applicationof Board as Lrustees subject to the-p,mvisionsa nd for the purposes of I Fund. 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 Ihe welfare of labour and of their dependents. (2)W ithout prejudice to the gcnerali ty of subsection (I), the money in the Fund may be utilized by the Board to defray expenditure on the following :- (a) community and social education centers including reading mmsBiid libraries ; -\ (b) community neccssj ties ; .-,. (c) gamcs and sports ; (dl excursions, tours and holiday homes ; (e) entertainment and other foms of recreation ; fl homeindus~esmdsub~idi~w~~ati~~~f~rwbmenand unemployed persons ; (g) corporate activities of a social nature ; (I$ cost of administering this Act including the alIowmces, if' any, payable to the Chairman and members of the Board and the salaries and allowances of thestaff appointed for the purposes of this Act; and {i) such otherobjccts as would in the opinion of the State Govemrnent improve hes tandard of living and ameliorate the swial conditions of labour : Pmvided that the Fund shall not be utilized in financing any measure which the employer is required under any law for rhe time being in force to cany out : Provided further that unpaid accumulations and fincs shall be paid to the Board and be expended by it under ths Act notwithstanding 1965 : Pb. Act 171 LABOUR WELFARE FUND 42 1 . anything contained in the Payment of Wages Act, 1936, or any other law for rhe rime being in force. (3) The Board may, with h ea pproval of the State Government make a grant of theFund to any local authority or any other body except an employerin aid of any activity for the welfare of labour and of their dependents approvedb y the State Government. (4) If a ny question ariw w he,ther any parhcular expendi ture is or is nor debatable to the Fund, the matter shall be referred to the State Government and the decisions of the State Government on such reference shall be final. (5) Ttshd!helawful fortheBoardtocontinueanyactivityfinwced . from the welfare fund of any establishment if che said hnd is duIy bansferred . to the Board. . - , I I. T h e ~mday, wilh hepn;vjous siclionof lhe ~Lae~ovemmenPt,o wcr oCBoud and subject to the provisions of this ~ cantd t o such conditions as loborrow. may be specifid S TI this behalf, borrow any sum required for the purposes of ,. this Act. I 12. Where the Fund or any portion thereof cannot be applied for some lnvesmenr of time for the purpases of this Act, the ~ o ishdal l invest the same in such Fund. mnnncr andin such securities as may be presc&ed. 13. The State Government may give-heB oard such &dons as in its Powero f Stare opinion are necessary or expedient in connection wirh expendi ture from the Governmcnl ro Fund or for canyi ng out the other purposes of [his Act ;a nd it shall be the give directions lo the Boud. duty of the Board to comply with such directions. 14. (1) There shall be a Welfare Commissioner to be appoinl ed hy Appoinment the Baord with the previous approvd of the State Government who shall be and powers of the principal executive oficer of heB oard WelTart: Commissioner. (2) Notwithstandingan~gcontaindinsub~~on(Z),hcfirst I. . el fare ~arnmissionersh all b - e ap - poinkl by the State Govanment as soon . as practicable afier the passing of this Act for a period not exceeding five . years and on such conditions as the State Government thinks fit. (3) It shall be the duty of the Welfarc Cornmissioner to ensure that thc provisions of this Act and the rules made thereunder are duly carried out and for this purpose he shall have the power to issuc such orders not inconsistent with the provisions of this Act and ruks made 422 LABOUR WELFARE FUND (1965 : Pb. Act 17 thereunder as he deems fit, including any order authenticating and implementing the decisions taken by the Board under this Act or rules made thereunder. " Appointment 15. (I) The State Government may appoint Inspectors to inspect of inspectors- records in cannation with the sums payable infot he ~und. (2) Any Inspector may- (a) with such assistance, if any, as he thinks fit, enter at any rcasona ble time any premises ior carrying out h ep urpoxs of this Act ;a nd (b) exercise such oher powers as may be prescribed. Absorption of 16. The Board shall take over and employ such of the exisring the existing staff staff under the control of Labour Commissioner l[Hary'ana], as under Labour ~ ~ the State G~ overnment ~may direct ~and every pierson so tak~en over and~ ~ , employed shall be subject to the provisions of this-~catn d the rules made thereunder : ' Provided that- (a) dAng the'p eriodof such employment all m a w r elahg to pay, leave, retirernei~a, llowmces, pensions, provident fund and other conditions of service of the said staff shall beregulated by the Punjab Civil Service Rules or such other rules as may from time to time be made by the State Govemmcnt ;a nd (1) every such member of the said st&€ shall have a right of appeal to the State Government against any order of reduction, dismissal orrcmoval from service, fine or any other punishmcnt : 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 thestaff'appointed by the,Boardu nder this Act, and on his electing to k so governed the provisions of fmt proviso shall cease ro apply to him. I. Subsliluted by [he Haryana Ad~ptariono r Laws Order. 1968. 1965 : Pb. Act 171 WOUR WELFARE FUND 423 17. The Board shall have power to appoint the necessary clerical Appoinmlenl of and executive staff to carry out and supervise the activities frnanced from land t h . c orher slaff by Board. Fund : . -r I Provided that if any appointment is not agreed to by rhe majority ofthet otal number of rnembrs of the Board, the Appointment shall be made by the State Government : Provided further that the expenses of the staff thus appointed and other adminis tratiw'expensa shall not-ex& a prercrib ed percentage of h e , , , . annual income of the Fund. Power olS~arc 18.7he state ~uycmmcnsth all have the power to removeany Cavcmment 10 , whom it may d ~ umnsui lable from the sewice 01 the Board. remove any . . pcrson on smff of Board. Pouvero f Stale 19. The State Government or any ofEicer authorized by the State ~Go~~~~~m~ent~or0 4 a l , Government ht his behalf may call forrmords of any pmdingsw hich an\ for pdingbefm, orhavebeen dispmed of, by the Boadforpupseof satisfvlng recur& , e,c- I i tsclf or himself, as the case may be. as to the legaljty or propriety of such pmaeedings a of any order made therein and may p ssu ch orders in relation therecd as h eS tate Government or such oHicer may think fi t : Provided that no order adversely affmting any person shall be ma& under this section without givine such person a reasonable opportunity of king heard. 20. Any sum payahle intn the 'Fund under this Act, shall, wilhuur Mode of prejudice to any other mode of recovery, be recoverable on behalf of the r~overyof Board as an arrear of land revenue. sums payable into Fund,e tc. 21. (1) If theStatc Government is satisfid that Lhe Board has made supersession oi default in performing any duties imposed on it by ar under this Act or has Burrrd- abused 'its power, the State Government may by notjficat ion supersede and 1, reconstitute the Board in the prescribed rnainer : Provided thar kfore issuing such'notification,,thse t ate Government shall give a reasonable opportunity to h e~ dardlsoh ow cause why it should not he supersededand shall consider the axplanarion and objections. if any, of the Board. (2) After the suFmsion of the ~oaradn d until it is &nstitutd, h ep owers duties and funcrions of the Board shall be exercised or performed by such officer or officers as the State Government may appoint for this purpose. 424 LABOUR WELFARE FUND 11965 : Pb. Act 17 Members of 22. The members of the Board, including the Chairman thereof, lhe the Welfare Commissioner, Inspectors and all officers and servants of the Welfare Board, shall be deemed to be public servants within the meaning of section Commissioner, Inspectors and 2 1 of thc Indian Penal Code. i all oficers and servants of Board 10 be puhljc servanrs. Delegation. 23. The Board may, by resolution passed by it at a meeting of the Board, direct that any power or duty which by this Act or by any rule made under this Act is conferred or imposed upon thc Board shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by the Welfare Commissioner. Pro~ecliono f 24. No suit, prosecution or other legal prococding shall lie against any persons actingperson for anythmgwhich is in good faith done or intended to be done under in good faith. this Act. Excmplions. 25. The State Government may by notification and in public interest exempt any class of establishments from all or any of the provisions of this Act subject to such conditions, if any, as may be specified in thenotification. Application of 26.This Act shall apply to such establishments belonging to the Central cerlain Government or any S tate,Govemment as are referred to in sub-clauscs (i) establishments and (ii)o f clause (4) of section 2. oCCcntral and S~ale Governments. Penalty. '[26A. Save as otherwise provided, any person, who contravenes any of the provisions of this Act or any rule made thereunder or who wjllfully obstructs an Inspector in the exercise of his powersor discharge of his duties under this Act or any rule made thereunder 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 thereunder or to supply to him on 1965 : Pb. Act 171. LABOUR WELFARE FUND 425 demand true copies of any such document, shall, on conviction, be punish6 (a) for the firsr offence, with fine which may extend to fivc hundred rupees ; and (b) for a second or subsequent offences, with imprisonment for a tcrm which may extend to three months, or with . fine which may extend to one thousand rupces or with both. 26B. (I) No cou,rt inferior to that of a Judicial Magistrate of (he 1st Cognizanceof Class shall try any offence punishable irndcr this Act. Offences. (2) No court shall take cognizanceof any such offencee xcept on Power make a complaint made by ~ hIcns pector.] . rujes. 27. (1) The State Govcrnment may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act. 1 (2) Tn particular; and without prejudice to the generality of the I fmgoi ng power, such rules may lx made for all or any of the following mattes, namely :- (a) ~ haeg ency for and the manner.of collection of sums specified in sub-section (3) of section 3 ;a nd the period within which the same shall be paidto the credit of the Fund ; (6) the manner in which thc accounts of the fund shall be maintained and audited under sub-section (3) of section 3 ; " (c) the number of representatives of employers, employees and independent members of the Board and the allowances, if any, payable to the Chairman and memkrs there of ; (dl the quorum at meetings of the Board and the manner in which it shall conduct irs business ; (e) the particdm which shdb e conaedi n the notice ~eferred to in sub-section (31 of section 9, and the other manner of publication of such notice ; LABOUR WELFARE FUND 11965 : Pb. Act 17 . Cfl the procedure for malclng grants' From the Fund under sub-section (31 of seclim 10 and the securities in which the Fund may be invested and the manner of invesment ; t (g) the procedurefordefraying theexpenditureincumdin adminis~ringth eFund ; (& the dutics and powers of Inspectors and the conditions of service of the WelfmCornmissioner and Inspectors and other staff appojnted under his Act ; (i) [he percentage of 'the annual income ofthe Fund beyond which the Board may not spend on.t he staff ind other adminismtivc mea3um ; rjl the registers md records to be maintained under ~ hAsct grid the form and manner in which they shall be maintained (k] h~~ubhcationoftherc~ndactivitiesfin~cadfmmthe Fund together with statement of receipts and expenditure of rhe fund statement of accounts ;a nd (1) any orher matter which iS to be or may be prescribed. (3)Everyrulemadeu~derthissec~ionshallbelaidass6o~as may beafterit is made before l[theLegislative Assembly] whle it is iawsion for a total pcriod of ten days which may be comprised in one session or in two successive sessions, and if befurti lhe cxpiry of the session in which it is so laid or the &on immediately folfowj ng, '[thek @sIative Assembly agrees] in m&ng &y ma%ficdioni n he, r . u le or '[the Legislative Assembly agrees] that the rule should not be made, rhc rule shall thereafter have cffecr only in such rnodifiedfomo? be of no eifcct, as [he case may be, so however, that any such modification clr anni~lmenst hall be without prejudice tot he vaIidity of any thing previous1 y done under that rule. 1. Suhsri~r~tebdy Government of India. S.O. 1302, dated the 78th March, 1969 (Extra.). page405 wirh cffect from 1st April, 1969. Notification 'I'hc 4th April, 2007 No. Leg. 8/2UM.-The fclllawin~A cr of rhc Legislalure oi rhc Statc of . t-1;lry;ln;i rccci\*ed thc asscrlt rlf thc Ciovcl.nor of linrynna 011 the 28th h.:;t~cll. 3007. and is hereby published for general information :- IIIIRYANA ACT NO. 7 OF 3,1)07 -?'I:E E'UN.j1113 I,A 3GUR IVEI,T1;IRE FUND (IihRYhNih A h.II<NU hXENT) ACT, 3007 Bc it enncicd by rhe LegisIaturc nf' thc S~iuc I >/' 1-Iar.yi~n: i i i ~tl ~cI' ii'ty- eighth Ycar of !he Kcpt~hlico f India as i'~Ilo\i.s: --- 1. This Act may bc cnlIcil thc Pr;~.rj;lbL nllour Wclfnrc Ft rr; iHar!rilna SB~fl'itlc. Arnenrimt:n~) Acl. 7007. 2. In scutiun 7, 01' liic Pi1nj:lt) I,;lboi~rW cli'arc FUIII! /kc\. 19[>S .~n~rnJincn~ O~crcinirl'~cIr- ctrrcd tu as 1tlc principal Act),- r ds ccllnn 1 ni T'llnj3h Act 17 01 f i) iur cliiu~c( 21, ~hcrcr llt~rvii~:: ul;iusc: ~li;~htcl sul~a~i,c~-rd.! l9h5 j~nmcly:- "(2) 'cmplayee' mcatis any pcrson elnploycci. Jirccrly by or tf~~.ougant~y agency lincli~dil~ag contractor) with i>r \virhr>u! the krtowicdge oi' tIic prinoipi~lc mpl(~pcr,f or rem .ticratinn in i111y fiictury or cstablishrncnt 10 do any \roork conricctcd with i ~ s at'l'airs:"; (ii) for cl:iusr: (4). ihc followir~gc lnu$c shi~llb c ~~bstitt~tcd. nnmciy:-- "(4) 'cst;~blishmt:nr' rnci~nsi t factory ;~ndin t:lurIes any prcmiseh iricludiri$ thc prccincls thoe{>lr' u'ncrcin and in any pars of wllicli any industl-y tvirliin the mcitnin!! of uli~usc~ jo)f scctio~~ :! of tho !ntlustri;~l flis()utcs tic{. I947 (ACI 14 c)t' 1114?),rs carried on :tud alxn incflldes i! shop ur ;1 curnnlcl-ci;ll cstablishmenr within ihc rneanir~go f rhc PLIIZJSh~oIp~s aziJ Ccr.r~lncrcial ~~SI;~~II~~\~IA~IrtC.I I1I0S5 S (1'1i11jahA ct 15 of 195x1, in ~.~h~c(Ki-i, , :In): tl;~).1 t.111 -11 11101:' c,~ij~I~~:;)I;tt: t-.c:n~(r Joycilc u wc~cc nii)lt~yvtl ~IIII.~II!! I ~ IIH.~Y X-~II:I~\\~v thl~tI*I IOII~~~S:.' -3, :li cl:li~sct i)) tjt' S~~I)-~CL:~~U(IJII i~lll~~~(llt'! ~ll srctirrll ?(I or I'cinjnb Act 17 or 1'165. ')I+ SCCIIIXI 9 ~ trh' c prtttcip;\l :'.cl.- (i)t he words "Jutic and" shitll be omitted, (ii) for the words "rhrcc years", rhe \\l~ds"L WO years" shall he substituted. 4. In sectinn 9.4 of tl~cp rincipal Act..-- (il in sub-section (I ). for the words "one r~tpcc"a nd "two rupees". rIlc words "five rupzcs" i~ld"t en rnpca:s" shall respectively be suhstitu~cd; (ii) :itiel- sub-sectinn (3). rlle fi>llnxving s~zb-scctions hall be added a1 thc cnd, n:irncly:- "(4) t\ny ctnploycr who faits rt: jxry the conrributinn arnounl witliin i\ pcriod of one ~urroilT~r c-)m .b.: cli~tcs pccilicd under ~tltj- sccrirm (2). stii~llb c l~abre1 1% pay inlcrcst at thc rale of ~wclvc perccnt pcr ;ltinutn I'rc>zr\ rlic said diile ~lr~rsiul cll timc the amoirni is :ic~u:~lliyic posi~cdw ill1 thc Wcllar-c t'omn~issiuner.". 5. Sccrior~2 6 01' tllc princip;il ~\cts l~allh c .>~lli~ieil. iil in cli~t~s(ac) . for ~h:: words "fivc hundrcri I-upccs", 1I1e wortis "l'ivc thr>t~s;~nrdu pccs bt~r1 1u1 lcss than !wn rhnusend rupccs" shall bu sttbstitu~cd; f,ii) in clause (b). for thc words "urlc Ll~r:~usnnrrlv pecs", the words "lcn Lhoussnd rupees but not Icss 1f1;in three thousand rupces" sllnll bc suhstitutcd. s. S[: i,,l,ti1<, jkl. SLLOC~~L~V.;w~v c~.nincnIi,- ~~I.~:III~I. L,cgir;la tive Department.