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7

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(IXV ." MINISTRY OF HOME AFFAIRS' 7. In section 6BB, in sub-sections (1) and-.Wk, . for the words "State Government", wherever, tley

• New Delhi,, the 15th December, .1986 " : occur, the word "Government" shall be substituted; NOTIFICATION J • 8. In section 12, in sub-section (1), the words,

"whether by a local authority, or the State Govern- f. G.S.R. 1286(E).—In exercise of the powers .con- ment" shah' be omitted. - •. -' '. ferred by section 2 of the Union Territories (Laws)

.Act,-1950''-(30... of 1950), the Central' Government 9. In section 13,— .: ' ;••; -. hereby extends to the Union territory of Delhi, the

Bombay Labour Welfare Fund Act, 1953 (Bombay (a) in sub-section (1),—- •••••-;" ':! Act XL of 1953), as in force in the State of Maha- (i) for the words', "Commissioner of Labour, rashtra at the date of this notification, subject to the Bombay", the words "Labour Commis- * following, modifications, namely :— sioner, Delhi" shall be substituted; • ,/.. ___ MODIFICATIONS (ii) in clause (a) of the proviso, for the words j

"the Bombay Civil Service Rules", the

1. Throughout the Act,— Words ".the rules for the time being appli-"','•

(i) for the words "State of Maharashtra",' cable to persons employed in connection wherever they occur,, the words "Union with the affairs of the Union territory of territory of Delhi" shall be substituted; Delhi" shall be substituted;

(ii) unless otherwise directed, for.. the words (b) sub-section (2) shall be omitted:

._,_ "State ^Government", wherever they occur,

the word "Administrator" shall be substi- ,10. In section 17B, in sub-section (1), for the tuted and there shall also be made in any words "Presidency Magistrate or a Magistrate of the sentence in which those words occur such first Class", the words "Metropolitan Magistrate" shall changes as the rules of grammar require; be. substituted.

(iii) for the words "Official Gazette", wherever .11. In section 19, sub-section (3) shall be omitted. they occur, the words "Delhi Gazette" shall 12. In section 23,—

be substituted;

.;. (iv) for the words "Maharashtra Labour Welfare (a) for the words and figures "the Payment of - Board" wherever they occurf the* words Wages Act,. 1936", the words and figures

"Delhi Labour Welfare Board" shall be "the Payment of Wages Act, 193.6, in its

•substituted; application to the Union territory of Delhi" . shall be substituted;

(v) for the words and figures "the Bombay - -*I!

Shops and Establishments Act, 1948" (b) in the amendment directed by that section, wherever they occur, the words and figures = for words and figures "the Bombay Labour

"the Delhi Shops and Establishments Act, Welfare Fund Act, 1953" the words and 1954" shall be substituted. figures "the Bombay Labour Welfare Fund

2. In section 1, sub-section (3), the words "in such Act, 1953, as extended to the Union terri-tory of Delhi" shall be substituted. area and" shall be omitted.

ANNEXURE

3. In section 2, clauses (1) and (1A) shall be renumbered as clauses (1 A) and (1AA), respectively, THE, BOMBAY LABOUR WELFARE FUND ACT, and before the clauses as so renumbered, the follow- 1953 (BOMBAY ACT XL OF 1953) AS EXTEN- ing clause shall be -inserted, namely :— DED TO THE UNION TERRITORY OF DELHI,

(1) "Administrator" means, the Administrator of the Union territory of Delhi appointed by An Act to provide for the constitution of a Fund - the President under article 239 of the Con- for the financing of activities to promote welfare of stitution." -'.-•• k. labour in the State of Maharashtra for conducting . I such activities and for certain other purposes.

4. In section 3, in sub-section (2), in clause (f), for the words "State Government", the word

"Government", shall be substituted. Whereas it is expedient to constitute a Fund for the financing of activities to promote welfare of labour

5. In section. 4, sub-section (6) shall be omitted. in the State of Maharashtra for conducting such acti- JJ vities and for certain other purposes. It is hereby ^r

6. In section 6 A , — enacted as fol lows: >

(a) in sub-section (7), the words "in Greater Bombay to the Court of Small Causes and 1. Short, title, extent and commencement,— elsewhere" shall be omitted; (1) This Act may be called the Bombay Labour Wel- fare Fund Act, 1953. .

(b) in sub-section (8), the words "the Court of Small Causes, or as the case may be," (2) Ii extends the whole of the Union territory - shall be omitted. of Delhi.

'^=

J^3> It shall come into force on such date as the Provided further that, where for a continuous Sministratpr may, by notification in the Delhi period of: not less than three months the number of Gazette, appoint in this behalf. persons employed therein has been less than five, such

•establishment shall cease to be an establishment for

2. Iii this Act, unless the context othervvise the purposes of this Act with effect from the begin- requires— ning of the month following the expiry of the said

(1) "Administrator" means the Administrator of period of three months, but the employer shall within the Union territory of Delhi appointed by one month,from the date of such cessation, intimate by registered post the fact thereof to such authority the President under article 239 of the as the Administrator may specifyjn this behalf :

Constitution; ,

(1A) "Board" means for Delhi Labour Welfare Explanation.-^For the removal of doubt, it is

Board constituted under section 4; hereby declared that where an establishment has diffe-

rent branches or departments, all such branches or

(1AA) "contribuiii ii means the sum of money pay-; departments, whether situated in the same premises

- able to the Board :n accordance with the or different premises, shall be treated as parts of the

provisions o.l section 6BB; same establishment;

(2) "employee' means any person who is em- (5) "Factory" means a factory as defined in ployed for hire or reward to do any work, Section 2 (m) of the Factories Act, 1948, skilled or unskilled, manual, clerical, (LXIII of 1948) and includes any place supervisory, or technical in an establishment wherein five or more persons are employ- but does not include any person— ed or working, arid—

(a) who is employed' mainly in a Managerial "*" (i) where in any manufacturing process is capacity, or being carried on with the aid of power

or is ordinarily so carried on;

,' (b) 'who, being employed in a supervisory

capacity draw as wages exceeding one (ii) which is deemed to ba a factory under thousand and six..'hundred rupees per section 85 of the said Act; mensem or exercises, either by the nature

of the duties attached to the office, or (6) "Fund" means the Labour Welfare Fund by reason of the powers vested in him, constituted under section 3; functions mainly of a managerial nature; ... (7) "uxiependent member" means a member

. of the Board who is not connected with

(3) "employer" means any person who em- the management of any establishment, or ploys either directly or through another who is not an employee, and includes an person either on behalf of himself or any officer of Government nominated as a other person, one or more employees in member;

an establishment and includes—

(8) "Inspector" means an Inspector appointed :• (i) in a factory, any person named under under section 12; section 7 (l)(f) of the Factories Act,

1948 (LXIII of 1948) as the manager; (9) "Prescribed" means prescribed by rules made under this Act;

(ii) in any establishment, any person res- ponsible to the owner for the super- (10) "unpaid accumulation" means all pay- vision and control of the employees ox ments due to the employees but not made for the payment of wages; to them within a period of three years

. from the date on which they became due

(4) "establishment" means— whether before or .after, the commence- , ment of this Act including the wages, and

(i) a factory; v . gratuity legally payable but not including

(ii) a tramway or motor omnibus service or the amount of contribution, if any, paid a motor transport undertaking to which by an employer to a provident fund the Motojt Transport Workers Act, established under the Employees' Provi- 1961 applies; and dent Funds Act, 3952 (XIV of 1952);

(hi) any establishment within the meaning (11) "wages" means wages as defined in section of the Delhi Shops and Establishments 2(vi) of the.Payment of Wages Act* Act, 1954, which employs, or on any 1936 (4 of 1936) and includes bonus working day during the preceding payment under the Payment of Bonus twelve months, employed five or more Act, 1965 (21 of 1965);/ persons : (12) "Welfare Commissioner" means the Wei- .

fare Commissioner appointed under sec-

Provided that,* any such establishment shall conti- tion 11.

nue to be an establishment for the purposes of this

Act, notwithstanding a reduction In the number of 2A. Deleted by Maharashtra Act 36 of persons to less than five at any subsequent time : (1961)

1296 GI/86—2 .

9

1 — ^{S E C .}

. : t.^sS^Ft^^—C^^K'^s,' Aaministmtor snaE. constitute a fund.calledTthe Labour Weifar.e Bund,; and; •' name of" the Delhi Labour, Welfare Board having per.- ribtwitnstahdi'ng anything contained iri any other law' petual succession and a common seal with power to for the time being in force or in any contract or acquire property both, moveable and immovable; and instrument, all' unpaid accumulations shall be' paid : shall by the said name sue and be sued. at such intervals as may be prescribed^ to the Board,

which shall keep a separate account therefor until (6) (Deleted by Maharashtra Act 36 o£ 1961) claims thereto have been decided hi-the manner

provided in section 6A, and the other sums specified . ' 5 . Disqualifications and removal. (1) No person - in sub-section (2) shall be paid into the Fund. shall be chosen as, or continue to he a member of the Board who:—

(2> The Fund shall' consist of— . (a) is. a salaried official of tha, Board; or (a} all fines* realised from the employees"; (b) is or at any time has been adjudged insolvent

• (j>) unpaid accumulations transferred to the Fund •Or has suspended payment of his debts or under section 6A; "-.-'''•" has compounded with his creditors; or (bb) any penal interest paid under section 6B; (c) is found to be a lunatic'or becomes of un- sound mind; or

(bbb) any contribution, paid under section 6BB;

(d) is or has been convicted of any offence .; ( t L a n y voluntary donations;,

(d) any fund transferred under sub-section (5) (2) The Administrator may remove from office any -v -,,.- - of section 7 r : " " ' " member who :^^ . --•-'-• "

(e) any sum- borrowed-under section 8; (a) is or has become subject to any of the dis- . ' :/-.' (f) any loan, grant-in-aid or sabsidy paid by the : qualifications mentioned: .in sub-section (1); Government. -

(3) Thei-sums specified in sub-section (2), shall be ;" (b*J is. absent without leave: of the; Board for paid, or collected by such agencies, at such intervals more than; f^4""c"61is^uftt^etieetirigs of the Board. ". •.;•_.. and in such manner and the accounts of the Fund

shall be. maintained and audited: in such manner as

may be prescribed. ^' , 6. Resignation of office by member, and filling up casual vacancies. (1) A member may resign his office . by giving notice thereof in writing, to the Administra-

4:. (1) The Administrator shall, by notification, in tor, and on suqh resignation being accepted, shall .'the-Delhi Gazette constitute the Board for the whole deemed to have vacated his office.

of the Union territory of Delhi for the purpose of ad-

ministering the Fund, and to carry on such other (2) A casual vacancy in the office of a member functions assigned Jo: the Board by or under this Act. shall be filledup,. as soon as conveniently may be, The Board shall consist of the following members not by the authority concerned.and a member so nomi- exceeding twenty-six in number, namely.—. nated shall hold office for the unexpired portion of the term of the office of his predecessor.

(a) such number as may be prescribed of re- presentatives of, employers and employees (3) No act or proceedings of the Board shall be to be nominated by the Administrator : questioned on the ground merely of the existence of - Provided that both employers and employees any vacancy in, or any defect in constitution of the shall have equal representation on the Board. - - :

* Board;

6AA. Power to appoint Committees. For the pur- ' •

. (b)'such number of independent members as pose of advising the Board in the discharge of its .: may be prescribed, nominated by the Ad- functions and also for carrying into effect any of the ' ministrator; and matters specified in sub-section (2) of section 7, the Board may constitute one or more Committees of

(c)' such; number of independent members as which at least one on each; Committee shall be a mem- may be prescribed, nominated by the Ad- • per.of the Board. ; ,*

ministrator. to represent women. '

.6A. Unpaid accumulations and claims thereto (1)

_ Mf The members of the Board snail elect one of its • All. unpaid accumulations shall be deemed to be independent members as fte.Chairman of, the Board. abandoned property. ---. ' - . ' - ' ; —*

(2) Any upaid accumulat-ibtis paid to the Board in '•

(3) ^Save-as otherwise expressly provided by this accordance with the provisions of section 3 shall on Actv the term of office if the members of the Board such payment, discharge an employer of the liability to shall be three years commencing on the date on which make payment to an employee in respect thereof the names are notified in the Delhi Gazette. but to tne extent only of the amount paid to the - ^ Z . f f . * ^{e ha}^^mt^ 1° ^ms^' Payment To the

•''t** '/^e to the e.-..ent aiorssaid sliall subject to the J o S f the ^ B oar f d ° u sh T al C

5

l be^> if

su c?

y

h a' s P a y a b I e t 0 may be p rethscermibeemd.b eis, succeeding provisions of this section be deemed to he, transferred to the Board. -

• - - •

10

^mJI-t-'sP^-AWl - nrrsr fT

Jfc(3) As soon as possible after the payment of any (9) If no claim is made within the time specified in

. ouipaid accumulations is made to the Board, the Board sub-section (5), or a claim has been duly .refused as shall by notice (containing such particulars as may be . aforesaid bythe Authority, or on appeal by the Court, prescribed)— ' "' • then the unpaid accumulations in respect of such claim.

(a) exhibited on the notice-board of the factory shall accrue to, and vest in, the State as bona vacantia or establishment in - which the unpaid ac- and shall thereafter, without further assurance be deem- cumulation was earned and " ed to be transferred to, form part of, the Fund.

(b) (deleted by Maharashtra Act 22 of 1964)

;. 6BB. Contributions (1) The contribution payable.

• ( e ) also published in any two newspapers cir- under this Act in respect of an employee in an esta- culating and in the language commonly un- blishment shall comprise contribution, payable by the

..' derstood'in the area in which the factory or ' employers (here-in-after referred to as 'the employers establishment in which the unpaid accumula- contribution') contribution payable by such employee tion was earned is situate, or in such other (here-in-after referred to as 'the employee's contribu-

manner as may be prescribed, regard being tion') and the contribution payable by the Adminis-"

had to the amount of the claim, trator and shall be paid to the Board and form part

of the Fund.

. Invite claims by employees for any payment due to them. The notice shall be inserted in the manner afore- : said in June and December of ever/ year, for a period (2) -The amount of contribution payable every six of three years ^Jfrom the date of the payment of the months in respect of every employee shall be 75paise, unpaid accumulation to the Board. only if. the name of such employee stands on the re-, gister of an establishment on 30th June and 31st December, respectively; and in -respect of an employer

(4)"If any question arises whether the notice re- for each such employee shall be 225 paise payable ferred to in sub-section (3) was, given as required by

. - • every six months.. that sub-section, a certificate of the Board that it was so given shall be conclusive. (3) Every employer shall pay to the Board both the employer's contribution of 225 pais©* and the em-

(5) If a claim is received whether in answer to the ployee's contribution -of 75 paise^ -before the 15th day; notices or otherwise, within a period of four years from of July and 15th day of January. the date of first publication of the notice in respect of

such claim, the Board shall transfer such claim, to the (4) Notwithstanding anything contained in any Authority appointed under section 15 of the payment other enactment but subject to the provisions of this of Wages Act, 1936 (IV of 1936), having jurisdiction . Act and any rules, the employer shall in the case of in the area in which the factory or establishment is any such employee bz entitled to recover from the em-

•situated, and the Authority shall proceed to adjudicate ployee that employee's contribution by deduction from upon and decide, such claim. In hearing such claim, his wages, and not otherwise; and such deduction shall the Authority shall have the powers conferred by, and be deemed to be a deduction authorised by or under follow the procedure (in so far as it is applicable) for the Payment of Wages Act 1936 (4 of 1936).'. lowed in giving^effect to the provisions of that Act.

Provided that, no such deduction shall be made in

(6) If the Authority aforesaid is satisfied that any excess of the amount of the contribution payable, by

. such claim is valid so that the right to receive pay- such employee, not shall be made from any wages ment is established, it shall decide that the unpaid other than the wages for the months of June and accumulation in relation to which the claim is made December •-;. - -.\ ; shall cease to be deemed to be abandoned property,

and shall order the Board to pay the whole of the dues Provided further, that, if through inadvertance or claimed, or such part thereof as the Authority decides otherwise, no deduction has been made from the wages rare properly due, to the employees; and the'Board of an employee for the months aforesaid, such dedue- tshall snake -.payment accordingly : tion may be made from the wages of such employee for any subsequent months or .months.with the permis- Provided that, the Board shall not be liable to pay sion in writing of the Inspector appointed under this any sum in excess of that .paid under sub-section (1) Act, .

of section 3, to the Board as unpaid,accumulations, in.. (5) .Notwithstanding any contract to the contrary, respect of .the claira. jio employer shall deduct the employer's contribution

from any wages, payable to an employee or otherwise

(7) If a.claim for payment is refused, the em- recover it from the employee. ployee shall .have a right of .appeal to the District Court, and the Board shall comply with any-order. ,(6) Any sum duly deducted by an employer from made in appeal. An appeal sliall lie within sixty days the wages of an employee under this section shall be ; of the decision of the Authority. deemed to have been entrusted to him by ^he-em- ployee for the purpose of paying the contribution in

1 jespef t af which It-was deducted. .: (?) "The decision or" the Authority, subject to appeal -'•f.feresaid t̂ratd the decision in appeal of the District ". (7),,An employer shall pay the employer's and the Court, shall be fin?,! and concIt2s*ve nr to the fi"ht to . efiipk ft ;'s coiitiibution to the Board by cheque,

"receive payment, the liability of the Board to pay and . money trder or in cash, and he shall bear the expenses also as to the amount, if any. of remitting to the Board such contributions.

11

12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC.%&'•% '^v-'" (8)''TlK'Weifke:ttoinmiisi6nef^:sh'afr submit to the which may be specified by the Administrator f r ^ | ' •:

Administrator assoon as possible after the end-of: July time to time to promote the welfare of labour and of and January every year in the prescribed form a state- their dependents. '

ment showing the total amount of the employee's

contribution and the employees' contribution in res- (2) Without prejudice to the generality of sub- pec of employees in each establishment. On receipt of section (1) the moneys in the Fund may be utilised the statement from the "WelfareGommisioner the by the Board to defray expenditure on the following:

Administrator shall pay to the Board, a contribution

of an amount equal to twice the employees contribu- (a) community and social education centres in- tion in respect of .that establishment. cluding reading rooms and libraries;

6B. Interest on unpaid accumulations or fines after (b) community necessities;

notice pf demand. (1) If an employer does not pay to (c) games and sports;

the Board any amount of unpaid accumulations, or

fines realised from the employees or the _amount of , (d) excursions, tours and holiday home; the employer's and employee's contributions under

section 6BB within the time he is required by or under ; (e) . entertainment and other forms of recrea- . :

•the provisions of this. Act to pay it, the Welfare Com- . : ; " . tiohs;

-missioner; may cause to be served a notice on such (f) home industries and subsidiary occupations employer to pay the amount within the period speci* fled therein-' which shall not be less than thirty days for women and unemployed persons;

from the date of service of such notice.

(g) corporate activities of a social nature;

(2) If the. employer fails, without sufficient cause, to pay any such amount within the period specified (h) cost of administering the Act including the in the notice, he shall, in addition to .that amount, pay ~^~ salaries and allowances pension, provident to the Board simple interest— fund and gratuity and any other fringe

benefits of the staff appointed for the pur-

(a) in the case of a failure to pay any amount ... poses of the Act; and of unpaid accumulations or fines realised

from the employees.— (i) such other object as would in the opinion of the Administrator improve the standard of

(i) for the first three months, at one per cent, living and ameliorate the social conditions -•" "\ of the said amount for each completed ' of labour;

months, after the last date by which he

should have paid it according to the Provided that the Fund shall not be utilised in fin- notice; and ancing any measure which the employer is required ~W. under any law for the time being in force to carry

(ii) thereafter, at one and a half per cent of.^out; • • • that amount for each completed month,

'.• z* during the time he continues to make Provided further that unpaid accumulations and default in the payment of that amount; fines shall be paid to the Board and be expended by

(b) in the case of a failure to pay any amount it under this Act notwithstanding anything contained of the employer's and employees.' contribu- in the Payment of Wages Act, 1936 (4 of 1936), or any other law for the time being in force. tions under section 6BB,—

. (i) for the first three months^ at one per cent .(3) The Board may, with the approval of the Ad- ..'•':••:• of the said amount for each completed ministrator, make a grant of the Fund to any employer, month, after the last date by which he any local authority or any other body in aid of any

. .;; should.have paid it in accordance with activity for the welfare of labour approved by the

"•-' . - / the provisions' of sub-section" (3) of sec- Administrator. - tion 6BB; and (4) If any question arises whether any particular

(ii) thereafter, at one and a half percent of expenditure is or is not debita.ble to the Fund, the ..' . that amount for each completed month, matter-shall be referred to the Administrator and the during the time he continues to make de- decision given by-the Administrator shall be final. fault in the payment of that amount;

75) It shall be lawfulfor the Board to continue any Provided that, the Welfare Commissioner may, sub- activity financed from the labour welfare fund of any " T ject'to such conditions as may be prescribed, remit establishment, if the said fund is duly transferred to the whole or any part of the penalty in respect of any the Board.

period. ^:••"_;

8. Power of Board to borrow. The Board may from

7. Vesting and application of Fund. <1) The fund .-"ilaie.'to.time with the ^:previous sanction of the Ad- shall vest in and be held and applied by the Board as ministrator and subject to the provisions of this Act Trustees subject to the provisions and for the purpose and to such conditions as may be'specified in this be- of this Act. The moneys therein shall be utilized by half borrow any sum required for the ourpose of this the Board to defray the cost of carrying out measures Act. *

-

" • . •

12

•;[

"Fund or any portion thereof cannot be applied at under ::•—•"• - ' :

any early date for fulfilling the objects of the Act, the Board shall invest the same in any of the Provided that— securities specified in clauses (a) to (d) and (f) of section 20 of the Indian Trusts Act, 1882. (a) during the period of such employment all matters relating to pay, leave, retirement,

10. Directions by Administrator to Board.—The allowances, pensions, provident fund and Administrator may give the Board such directions as other conditions of service of the said staff in his opinion are necessary or expedient in connec- shall be regulated by the rules for the time tion with expenditure from the Fund or for vcarrying

being applicable to persons employed in

out the other purposes of the Act. It shall be the connection with the affairs of the Union duty of the Board to comply with such directions. territory of Delhi or such other rules as may be from time to time be made by the Administrator.

11. Appointment and power of Welfare Commis- sioner.—-(1)' (i) The Welfare Commissioner shall (b) every such member shall have a right of be appointed by the Board with-the previous approval appeal to the Administrator against any of the Administrator; order of reduction, dismissal or removal

from service, fine of any other punish-

(ii) The Welfare . Commissioner shall be the ment : . . - . - - principal ^executive officer of the Board ;

Provided further that person so taken over may \ (iii) It shall be the duty of the Welfare Commis- elect within the prescribed period that he desires sioner to ensure that the provisions of this Act and to be governed by the rules made under this Act in the rules made thereunder are duly oarried out and respect of conditions of service of the staff appointed for this purpose he shall have the power to issue by the Board under.this Act and oh his electing to such orders not inconsistent with the provisions of do so the provisions of the first proviso shall cease the Act and rules made thereunder as he deems fit to apply to him.

including any order implementing the decisions taken

by the Board under the Act or rules made there- (2) (Omitted).

under.

14. Appointment of clerical and other staff by

(2) (Dsleted by Maharashtra Act 36 of 1961). Board.—(1) The Board shall have power to appoint the necessary clerical and executive staff to carry

out and supervise the activities financed from the

12. Appointment of Inspectors, Delhi Act 7 of Fund :

1954.—(1) The Administrator may appoint inspec- tors to inspect records in connection With the sums Provided that the expenses of the staff thus payable into the Fund. Inspectors appointed under appointed and other administrative expenses shall the Delhi Shops and Establishments Act, 1954, in not exceed a prescribed percentage of the annual relation to any area, shall be deemed to be also income of the Fund.

. Inspectors for the purposes of this Act, in respect of establishments to which-this Act applies, and the (2) The Board shall, with the approval of the local limits within which such Inspector shall exer- Administrator, make regulations regarding the method cise Irs functions under this Act shall be the area of recruitment, pay and allowances, and other condi- for which he is appointed under the said Act. tions of service of the members of its staff (other than the Welfare Commissioner and the Inspectors) :

(2) Any Inspector may— , Provided that, until the regulations are so made, the conditions of service of such staff shall Be

. (a) with such assistance, if any, as he thinks governed by the rules made by the Administrator in fit, enter at any reasonable time any premi- this behalf.

ses for carrying out the. purposes of this

A c t ; ' . \ ^T

" •" 15. Power of Administrator to remove any person on "staff of Board.?—The Administrator shall have

(b) exercise such; other powers as may be pres- the power to remove any person whom he may deem - cribed. 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.

13. Absorption of the existing staff under Com- missioner of .Labour.—(1) The Board shall take 16. Power of Administrator or authorised officer oyer- and employ such of the existing staff under to. call for records, etc.—The Administrator or any the control of the "Labour Commissioner, "D&iH, as officer authorised by the Administrator may call for the Administrator may direct and everv peron so the records of the Board, inspect the same and may taken over and employed shall be subject to the supervise the working of the Board.

13

14 THE GAZETTE-iOE IN©IA -EXTRAORDINARY fEPART;ffi-̂ EG/ 30)] 17, Maie^i- *rec.0*&£y -of ̂ stuns payable to Board, :.f2):After the. supersession -of the Board and etc.—-Any sum payable to the ^Board„o> into Jthe it is reconstituted, the powers, duties and funet Fund under this Act vshall, without prejudice to any of the Board under this Act shall be .exercised or other mode .of recovery, be recoverable -on ;behalf of performed by the Board or by such officer or officers, the Board.as an afrear of land revenue. : as the Administrator jnay appoint for this purpose.

• 17A. iPenaltv 'for obstructing •inspection in dis- 19, (1) The Administrator may, by notification, charge of inspector's duties or. failure-to produce in -the Delhi Gazette and rsubjeet to the condition of documents, etc.-—Any person ŵhp* wilfully obstructs previous publication, make rules to carry out the an -Inspector :in the exercise of |Ms powers or dis- purposes of this Act.. charge of bis duties under this Act or fails to produce

for inspection -on demand 'by an inspector any regis- (-2) In particular, and without prejudice to the ..ters, -records or ,*otker .documents maintained in pur- generality of the foregoing power, such rules may be suance of the provisions Of .this Act or the rules made made for all or any of the following • matters, thereunder or to supply to him on demand true

copies iof: any such documents, 'SfaaH, on Conviction, namely;:—- '•"":•••/' --•-_ %e:fjuaished. •'-••-'

(a) the intervals at Which or the period within which any of the sums referred to in section ~.'?i (a) for the first offence, with imprisonment 3 shall.be paid to the Board or into the for a term which may extend to three "Fund, the manner of trraking such payment months, or with fine which may extend to and the agency' for and manner of, collec- .,_..«.,-...,. vgye hundred rupees, or with-bath.:; and tion of any such sum ;...._-• .,: (b) for ja second or subsequent offences, with . (b) the manner in which the accounts of the V.. impHsohment for a term which^may extend^:? Fund shall be maintained and audited under :/'• to/six months, ox with line which may sub-section (3) of Section; 3-; '•' extend to one thousand rupees, or with

/both ;•;!• j[cj) the .procedure isr making grants from the

% ;. Fund under section 7.;' j

Provided that, in the absence of special and-ade-

quate reasons to the contrary to be mentioned in the

.judgement of the Court, in any ca'jq where the (d) the procedure for defraying the expenditure -"dfehdeiis sentenced to a fine only, fas, amount of incurred in administeririgthe Fund ;

•fine -shall not be less than fifty -rupees.

(e) the number of representatives of employers y and employees, independent members and 17B. Provisions relating to jurisdiction.—(1) No representatives of women on the Board, and Court inferior to that of a Metropolitan shall try any the allowances, if any, payable to them, offence punishable under section 17A. under section 4.;

(2) No prosecution for such offence shall be instituted, except by an inspector whish the previous (f) the manner, in Which the Board shall conduct .sanction of ..'the Welfare Commissioner. ... their business ; • . ;

£ .(3:) "No Court shall take cognizance of such •(g) the duties and oowers of the "inspectors offence, .-»ntess, .complaint tneieof is male within and the conditions of service of the Welfare six months of the date on which the offence is Commissioner and Inspectors appointed isdfegedstp jaavelbeen coxnmitted.';..-•• under this Act: -- " — . - .

18. Supersession of Board.—(1) If the Adminis- (ga) the delegation of the powers and functions trator is satisfied that the Board has made default Of the Board to'-the 'Welfare Commissioner -lift *pexfferm"thg any" duti^. imposed On it %y or under and the conditions arid-limitations subject to which the pow%t^s^?pe^%exercised or ~lhis%cf or lias abused its power, the'Administrator

: functions discharged; ] ;may=-%y -notification in the/Demi .Gazette -supersede

i M r%cOhstitute the Board in the;'manner-prescribed

for constitution of the Board *'.'•" -m (h) the percentage of the annual income of the ""*jt

Fund beyond which the Board may not

spend on the staff and on other administra-

.-^Provided that before issiurtg the notification, under -"• trve imemfeexs;. *

: : ' '.'•; ~7

14

•s. Afcj) the publication of the report of the activities 22. Exemptions.—The -Administrator may by financed from the Fund together with a .notification, in the Delhi Gazette exempt any class statement of receipts and expenditures of of establishment from all or any of the provisions of _the Fund and statement of accounts; - this Act subject to such conditions as may be speci- fied in the notification.

(k) any other matter which under this Act is or may be prescribed. , 23. Amendment of section 8 of Act IV of 1936.—^ In section 68 of the Payment of Wages Act, 1936

(3) (Qmitted) . in its application to the Union Territory of Delhi,

20. Members of Board Welfare Commissioner, to sub-section (8) to the following shall be. added, before the explanation, namely :-— Inspectors and all officers and servants of Board to

t be public servants —The members of the Board, the -IV of 1936 Welfare Commissioner, Inspector? and all officers and servants of the Board shall be deemed to be public "but in the case of any factory or. establishment servants within the meaning of section 21 of the . to which the Bombay Labour Welfare Fund Indian Penal Code. . Act, 1953, as extended to the Union terri-tory of Delhi, applies all such realisations shall be paid into the Fund constituted

XLV of 1960 under the said Act.".

21. Protection to person acting in good faith.— Bombay XL of 1953 No suit, prosecution of other legal proceedings shall lie against any person for anything which is in good " ; ; [U-11015|1!85-UTL(168)1

faith done or intended to be done under this Act. ASHOK NATH, Jt. Secy.

.

PRINTED EY THE MANAGER, GOVT. OF INDIA PRESS, RNIG ROAD, NEW DELHI-110064

. AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1987

' . . • " " "

15