Background
The Bombay Labour Welfare Fund Act, 1953, later extended to the Union Territory of Delhi, was enacted to promote the welfare of workers by creating a Labour Welfare Fund. Contributions are made by employers, employees, and the government, and the fund is utilized for initiatives such as health, education, housing, recreation, and social security. The extension of the Act to Delhi ensures institutional support for improving the living and working conditions of labour in the region.
Applicability
The Bombay Labour Welfare Fund Act, 1953 as extends to Delhi’s Union Territory is applicable to all the establishments within the meaning of Delhi Shops and Establishments Act, 1965 which are employing 5 or more persons; a factory; and a tramway or motor omni bus service or a motor transport undertaking to which the Motor Transport Workers Act, 1961 applies.
Compliance Requirement under Rules
Labour Welfare Fund Registration under Labour Welfare Fund Act as applicable on the Employer in the State of Operations.
The Act applies to all establishments in the State of Delhi and includes a factory, tramway or motor omni bus service or a motor transport undertaking to which the Motor Transport Workers Act, 1961 applies and any estab. within the meaning of the Delhi Shops and Establishments Act, 1954, which employs, or on any working day during the preceding twelve months, employed five or more persons. These establishments have to contribute to the Delhi Labour Welfare Fund. This includes all employees.
All fines realized from the employees and all unpaid accumulations during the quarters ending 31st Mar, 30th Jun, 30th Sep and 31st Dec shall be paid by the employer to the Welfare Commissioner on or before 15th Apr, 15th Jul, 15th Oct and 15th Jan succeeding such quarter along with a statement giving particulars of the amounts so paid.
Every employer shall submit to the Welfare Commissioner on or before the 31st day of July and 31st day of January a statement of employer’s contribution and the employees contribution in respect of employees whose names stand on the establishment register on the 30th June, and the 31st December, respectively in Form ‘A’.
Employer is required to comply with the Notice issued by Welfare Commissioner for payment of any portion of fines realised from the employees or unpaid accumulations held by him and the same remains unpaid in accordance with rule 3, within fourteen days of the receipt of such Notice.
Every employer of an establishment shall maintain and preserve for a period of 10 years a register of wages in Form D (except in cases where the employer maintains a muster roll-cum-wage register prescribed under Delhi Minimum Wages Rules, 1950 and Delhi Shops and Establishments Rules, 1954).
Every employer of an establishment shall maintain and preserve for a period of 10 years a consolidated register of unclaimed wages and fines in Form E.
The employer shall by the 31st January of every year forward to the Welfare Commissioner a copy of the extract from the register in Form ‘D’ pertaining to the previous year.
The contribution payable under the Act shall be paid to Delhi Labour Welfare Board on half-yearly basis.
Punishment and Penalties
For contravention of the provisions of the Act/Rules, the Labour Welfare Commissioner/Labour Welfare Board may impose such fine/penalty as deemed fit
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