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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