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Some Important points from:- THE MAHARASHTRA LABOUR WELFARE FUND ACT

 

THE MAHARASHTRA LABOUR WELFARE FUND ACT

(BOMBAY ACT NO. XL OF 1953)

 

Definition: - Board, Contribution, employee, employer, establishment

An act to provide for the constitution of a fund for the financing of activities to promote welfare of labour in the state of Maharashtra.

1.       Board”- means The Maharashtra Labour Welfare Fund Act

 

2.       “Contribution” means the sum of money payable to the Board.

 

3.       Employee” means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person-

a)      Who is employed mainly in a managerial capacity,

b)      Who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises power or carries out, either by the nature of the duties attached to the office, or by reason of the powers vested in him, functions mainly of a managerial nature, or

c)        Who is employed as an apprentice under the Apprentice Act 1961

 

4.       “Employer” means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes-

a)      In a factory, any person named under section 7(i)(f) of the factories Act, 1948 s the manager

b)      In any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages

 

5.       “Establishment” means

a)      Factory

b)      A tramway of (motor omnibus service or a motor transport undertaking to which the Motor Transport Worker Act, 1961, applies and

c)       Any establishment, within the meaning of the Bombay Shops and Establishment Act, 1948, which employs, or on any working day during the preceding twelve month, employs (five) or more persons (including the establishments which have been granted exemption partly or wholly under the proviso to section 4 of the Act)

(Provided that, any such establishment shall continue to be an establishment for the purpose of this Act, notwithstanding a reduction in the number of persons to less than (five) at any subsequent time.

Provided further that, where for a continuous period of not less than three months, the number of persons employed therein has been less than (5) such establishments shall cease to be an establishment for the purposes of this Act with effect from the beginning of the month following the expiry of the said period of three months, but the employer shall within one month from the date of such cessation, intimate by registered post the fact thereof to such authority)

For the removal of doubt, it is hereby declared that where an establishment has different branches or departments, all such branches or departments, whether situated in the same premises or different premises, shall be treated as parts of the same establishment

 

6.       “Factory” means a factory  as defined in section 2(m) of the factories Act, 1948, and includes any place wherein five or more persons are employed or working, and-

 

a)      Where in any manufacturing process is being carried on with the aid of power or is ordinarily so carried on;

b)      Which is deemed to be a factory under section 85 of the said Act

 

7.       Independent member” means a member of the Board who is not connected with the management of any establishment or who is not an employee, and includes an officer of Government nominated as a member:

 

8.       Inspector” means an Inspector appointed under section 12

 

9.       Prescribed” means prescribed by rules made under this act

 

10.   Unpaid accumulation” means all payments due to the employees but made to them within a period of three years from date on which they became due whether before or after the commencement of this Act including the wages, and gratuity legally payable (but not including the amount of contribution if any, paid by an employer to a provident fund established under the Employee Provident Funds Act, 1952

 

11.   “Wages” means wages defined in section 2(vi) of the payments of Wages Act, 1936, and includes bonus payable under the payment of Bonus Act, 1965.

 

12.   Welfare commissioner” means the Welfare Commissioner appointed under section 11

 

 

The contribution payable under this Act in respect of an employee in an establishment shall comprise contribution payable by the employer hereinafter referred to as “the employer’s contribution”, contribution payable by such employee hereinafter referred to as “the employee’s contribution” and the contribution payable by the state Government, and shall be paid to the Board and form part of the Fund.

The amount of contribution payable every six months in respect of every employee and an employee for each such employee shall be at the following rates, namely:-

a)      In respect of an employee drawing wages upto and inclusive of 3,000 per mensem, Rs. 6 &

b)      In respect of an employee drawing wages exceeding 3,000 per mensem, Rs. 12

Only if the name of such employee stands on the register of an establishment on the 30th June and 31st December, respectively.

In respect of an employer for each employee referred to in sub-clause (i) & (ii) of clause (a), thrice the amount of contribution payable by an employee

Every employer shall pay to the Board both the employer’s contribution and the employee’s contribution in accordance with the provisions of sub-section (2) before the 15th day of July and 15th day of January, as the case may be.

 

13.   6B, if an employer fails to pay to the Board within the time he is required by or under the provisions of the Act to pay it, the welfare commissioner may cause to be served a notice on such employer to pay the amount within the period specified therein which shall not be less than thirty days from the date of service of such notice.

 

If employer fails, without sufficient cause to pay such amount within the period specified in the notice, he shall in addition to that amount, pay to the board simple interest,

 

a)      For first three month- one & a half per cent

b)      Thereafter at two per cent of that amount for each completed months, during the time he continue to make default in the payment of that amount

 


 

 

 

 

 

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