Chandigarh act 017 of 1965 : The Punjab Labour welfare Fund Act, 1965

1965 : Pb. Act 171 LABOUR WELFARE FUND 409

THE PUNJAB LABOUR WELFARE FUND ACT, 65.

4

ARRANGEMENT OF SErnONS 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. 9 k 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~her staff 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.

1

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.

2

1965 : Pb. Act 171 LABOUR WELFARE FUND 411

'THE PUNJAB LABOUR WELEFARE FUND ACT, 1965 (PUNJAB Acr NO. 17 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 , ( fitraordinary), Legislative Supplement, P& I, J& 2 7, 1965.1

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

1

Year

1965

certain other purposes. Be it enacled by the ~ e ~ i s l a h m of the State of Punjab 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 r i l l ~ ~ extent

1965. ^and commencement.

L . For Staement of Objecu and R c q n s . sep Ptttrjab G o v e n l ~ t r ~ ~ ~ r Guze re (E~ruardinaiy), 1965, page 452.

2. ,See Govcromcnt of India. ~ i n i s t r ~ of Hamc Affairs, S.O. 1302, dated the

2 8 ~ h March 1979. published in Gazelte of India (Extra.), Part 11, secuon 3(ii), of 31st

. : Macrch. 1469.

, ' 3 . For Slatcmen~ oTObjccb and Reasons see Harpno ~ d v e r n n t a ~ r Gazefie (F;nroodinory). 197 1, pagc 198.

4. F o r Sraterncn~ of objccts and.Reasons. see f laryano Govrr~lmenr G a r ~ r i c (Earaordirlnry). daed,lhe 1 1-3-1978. pagc 340.

5. For Stalemcnt o'f objcc~s and ~eas'ons, s e p Ilaryrr~~o Gouernnrenr G o z e r r ~

. .

(Ertraordinory), dalcd [he 21-9-198 1. pagc 1400. ,

6, For Slatemen! or objec~s and, Reasons. see Haryorla Oovcrnnrenr Gorrrte (Errmordinary), da~cd the 21 -3- 1988, pagc 3W.

7. For Statement of Objecrs and Reasons. .FCC Haryorla Goverrlnlerlr Gazette ( ~ ~ r r o n r d i ; ~ a ~ ) . dalcd thc 8- I I -2nCll. pagc 154 1. ^{, ,}

2

No.

17

3

Short ritle The Punjab

Labour Wclfartc Fund Act, 1965

.

4

Whether repealed or otherwise affected by Legislation

Amended by the Punjab Labour Welfare

Board (Reconstiturion and

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 l 5 Amended by Haryana Act 39 of-19SP Amendtd by H q a n a Act 1 of 20027 -

3

412 LABOUR WELFARE FUND [I965 : Pb. Act 17 Definitions.

'[(Z) It extends to the tei-ritories which, hmedia te ly

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 f m e on the first day ofluly, 1965.

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 ~ e k i t o r ~ of hand i~a r 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-ther person on behalf of himself or any other person, one or more

employees in an establj shmen t. and includes,- (iJ inafactory. any personnamedunderclause(f)of sub- section ( I ) of section 7 of thc Fac~ories Act, 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 ; or

(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~to and has been employing on any working

1. Subslitured l o r 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 ih id . , Schedule (with effccr from IstApril. 1969).

4

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 (mJ of section

.'

1

2 of the Factories Act, 1948, or any place which is deemed to-be a factory

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 the'management . . 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.

( i l ) '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) In the applicalion of the provisions of this Act to the Union Cons~uction of

territory of Chandigarh, any reference therein to the State or State Govemmenr certain

I shall be construed as a e fe rena to the Administrator of theunion territory of references in the Chandigarh. Act.

1. Subsliluted by the Punjab Labour Welfare Board (Reconsrimtion and Reorganisation) Order. 1969, Schedule (with effec~ from 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.

5

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 i n the manner provided in section 9, and the other sums specified i n 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 1 1 ;

ZI(g] anycontributionofemployersandemployees ;I

(3) The sums specified i n 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 e amount 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. , m

2 Added by Haryana Act 1 of 2002.

3. Added by Haryana Act 14 of 197 1 and funhcr substitu~ed by Haryana Act 1 9 of

1988.

6

,1965' : Pb. Act 171 LABOUR WELFARE EUND 415

(5) An employer who has already incurred the liability of payment of f ine 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 h e , whichever

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~~ent shall by notification esrablish a Board to be known as "he Labour Welfare Board for Punjab or Haryani or the ~ n i ~ n territory 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 h i s Act, to acquire, hold or dispose of property, and to contract, and may by that name sue or bc sued.

(-?)ne Roard shall consist of the following members, including the * .

I Chairman, to be noomiated by b e State Government, namely :-

(a) such equal number of representatives of ernploycrs and

employees as may be presc~ibed ;and

(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 ; or

(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 ; or

1 Subs~i~uted by 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).

7

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 Govemrnenlto orany 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) of section 4 ;or

.(c) so abuses hisposi~o" & lo~nder hiscontinuanceinoffice

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 ; or (cj of any 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 casual vacanciayean cornmcncing 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,his oflice.

(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.

8

1965 : Pb. Act 171 LABOUR WELFARE FUND 417

(4) An outgoing, member, including the Chairman shall be eligible for re-nomination. , '

'[7A. Notwithstanding 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

State Government.] during [he pleasure of the

state

Government.

8. { 1 The Chairman, a^din 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~s paid to th= ~ o a r d 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

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 LO thc succeeding provisions of this section, be deemed to be uansferrcd

to the Board.

(31 As soon as possible after the pay-ment of ,any. unpaid

! , - 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.

9

LABOUR WELFARE FUND [I965 : Pb. Act 17 the State having large circulation i n 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 m fmm 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) was p e n as 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, having jurisdcuon in the a m in 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'tions in relatioh to which the claim is made shall c w e to 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 ; and the ~ o a r d shdl make accordingly Provided that the Board s ha1 1 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.

10

1965 : Pb. Act 171 LABOUR WELFARE FUND 419

(7) If a claim for payment is refused, the employee shall have a

right of appcal to thecourt ofDislrict Judge and theBoardshall comply with

,any order made in appeal. An appeal s h d lie within sixty days of the decision

of the Authori ty.

C

(8) The.decisjon of the Authority , subject 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 i s 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. crnploycrs and t ' . - , employees.

I Fxp~anatio~~.-For the purpose of sub-secuon ( I ) , "'employee" means

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'that no such deduction shall be made in excees of the i amount of the contribution pay~ble by such employee :

'

Provided further 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 i n writing to the employee and the Inspec tor :

1. Insened by Hnryana Acr 1 of 2002.

11

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 n d that 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,mvisions and 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) Without 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 h o m e i n d u s ~ e s m d s u b ~ i d i ~ w ~ ~ a t i ~ ~ ~ f ~ r w b m e n a n d 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 h e standard 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 t h s Act notwithstanding

12

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 e approval 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 approved by the State Government.

(4) If any 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 h n d is duIy bansferred to the Board. . .^-,

I I. T h e ~ d may, wilh hepn;vjous siclionof lhe ~Lae~ovemmen t , Powcr oCBoud and subject to the provisions of this ~ c t and to 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 i d shall invest the same in such Fund. mnnncr andin such securities as may be presc&ed.

13. The State Government may give-he Board such &dons as in its Power of 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 ; and it shall be the give directions duty of the Board to comply with such directions. lo the Boud.

14. (1) There shall be a Welfare Commissioner to be appoin led hy Appoinment

the Baord with the previous approvd of the State Government who shall be and powers of the principal executive oficer of h e Board WelTart:

Commissioner.

(2) Notwithstandingan~gcontaindinsub~~on(Z),hcfirst

- - I . . el fare ~arnmissioner shall be appoinkl 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 o f 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

13

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 info the ~ u n d .

(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 e purpoxs

of this Act ; and

(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 under Labour staff under the control of Labour Commissioner l[Hary'ana], as ~ ~ ~ ~ ~ i ~ ~ ~ , the State Government may direct and every person so taken over and employed shall be subject to the provisions of this-~ct and the rules made thereunder : '

Provided that-

(a) dAng the' periodof such employment all m a w relahg to pay, leave, retirernei~, allowmces, 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 Govemmcn t ; and

(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,Board under 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~ptarion or Laws Order. 1968.

14

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.

-r Fund :

I

Provided that if any appointment is not agreed to by rhe majority

ofthe total 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 prercri bed percentage , . of h e

annual income of the Fund. Power olS~arc

, 18.7he state ~uycmmcnt shall have the power to removeany Cavcmment 10 whom i t may d ~ m unsuilable from the sewice 01 the Board. remove any

. . pcrson on smff of Board.

Pouver of Stale

19. The State Government or any ofEicer authorized by the State G o ~ ~ ~ m e n t o r

Government h this behalf may call forrmords of any p m d i n g s which an\ ~ ~ ~ ~ ~ 0 4 a l , for

p d i n g b e f m , 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 s such orders in relation

therecd as h e State 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 ~ o v e r y of

Board as an arrear of land revenue. sums payable into Fund, etc.

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 notjfica tion supersede and 1, reconstitute the Board in the prescribed rnainer :

Provided thar kfore issuing such'notification,,the s tate Government

shall give a reasonable opportunity to h e ~ d a r d l o show cause why it should not he supersededand shall consider the axplanarion and objections. if any,

of the Board.

(2) After the suFmsion of the ~oard and until it is &nstitutd, h e powers 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.

15

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 Commissioner, Board, shall be deemed to be public servants within the meaning of section

Inspectors and 2 1 of thc Indian Penal Code. all oficers and

i

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~eclion of 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

oCCcntral and and (ii) of clause (4) of section 2.

S ~ a l e Governments. Penalty. '[26A. Save as otherwise provided, any person, who contravenes any of the provisions o f 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 i n pursuance of the provisions of this Act or the rules made thereunder or to supply to him on

16

1965 : Pb. Act 171. LABOUR WELFARE FUND 425

demand true copies of any such document, shall, on conviction, be

p u n i s h 6

(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 offence except on Power make a complaint made by ~ h c Inspector.] . 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

I (2) Tn particular; and without prejudice to the generality of the fmgoi ng power, such rules may lx made for all or any of the following mattes,

namely :-

(a) ~ h e agency for and the manner.of collection of sums

specified in sub-section (3) of section 3 ; and 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 s h d be c o n a e d in the notice ~eferred to in sub-section (31 of section 9, and the other manner of

publication of such notice ;

17

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~ring theFund ;

(& 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. the staff ind other adminismtivc mea3um ;

rjl the registers md records to be maintained under ~ h s Act

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 ; and

(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 i t is so laid or the &on immediately folfowj ng, '[the k@sIative Assembly agrees] in m&ng &y ma%ficdion in h e ,. rule 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~lment shall be without prejudice tot he vaIidity

of any thing previous1 y done under that rule.

1. Suhsri~r~ted by Government of India. S.O. 1302, dated the 78th March, 1969

(Extra.). page405 wirh cffect from 1st April, 1969.

18

Notification 'I'hc 4th April, 2007

No. Leg. 8/2UM.-The fclllawin~ Acr 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

i ~ l l l ~ ~ ~ l ! ~ l l ( l t '

21

22

23