
Background
The Odisha Labour Welfare Fund Act, 2005 provides for the constitution of a Labour Welfare Fund and the establishment of a Welfare Board for promoting the welfare of labour and their dependents in the State of Odisha. The Odisha Labour Welfare Fund Rules, 2015 under the Act prescribe procedures for registration, contribution, maintenance of records, submission of returns, and remittance of fines and unpaid accumulations. The Fund is utilized for welfare activities such as housing, education, medical care, and other benefits for workers.
Applicability
The Act applies to all establishments in the state of Odisha including
Compliance Requirement under the Act in accordance with the Rules
Labour Welfare Fund Registration under Labour Welfare Fund Act as applicable on the Employer in the State of Operations.
Every employer must pay both employer’s & employee’s contribution to Welfare Commissioner/authorized officer twice a year-before 15th Jan & 15th Jul for all employees listed in establishment’s register preceding 31st Dec & 30th Jun respectively along with statement showing full particulars in Form F
Every employer must remit all fines collected from employees and any unpaid accumulations to the Welfare Commissioner or authorized Board officer within 15 days after the end of each quarter (31 Mar, 30 Jun, 30 Sep, 31 Dec).
Every employer has to submit the notice of opening in Form A to the Welfare Commissioner or to such other authorized officer within 30 days of commencement of establishment.
Every employer must submit Form A to the Welfare Commissioner within 30 days of starting the establishment.
Every employer shall within 30 days of any change taking place in regard to any information furnished in Form A, give notice of such change in Form B to the Welfare Commissioner
In case a particular type of information provided in Form A changes frequently in any establishment, the notice of such change may, with the approval of the Welfare Commissioner, be served upon him within fifteen days from the closing of each half year ending the 30th June and the 31st December.
Where an employer intends to close down his business for good and sufficient reasons, he shall serve a notice of such intended closure in Form C to the Welfare Commissioner at least, 60 days before the date on which the intended closure is effective, provided that any such closure shall be in accordance with the provisions of law.
Every employer of an establishment shall maintain a register of wages in Form D except in cases where a combined muster roll cum register of wages is maintained under any other law for the time being in force
Such Register shall be preserved for a period of five years. However where any case pending before any appellate authority under any Law is in force such record or register shall be preserved till the case is finally disposed of.
Every employer shall maintain a consolidated register of unclaimed wages and fines in Form E
Such Register shall be preserved for a period of five years. However where any case pending before any appellate authority under any Law is in force such record or register shall be preserved till the case is finally disposed of.
The employer of an establishment shall by the 31st January of every year forward to the Welfare Commissioner, a copy of the extract from the register in Form E pertaining to the previous year.
Penalty and Punishment
U/s9(2): Interest on unpaid accumulations of lines after notice of demand
If an employer fails to pay the required amount within the specified time without sufficient cause, a penalty in the form of simple interest is applicable:
This interest is payable in addition to the original amount due.
U/s 23: Penalty for obstructing inspection or for failure to produce documents, etc
If a person obstructs an Inspector or fails to produce required documents:
Applies to willful obstruction, non-production of records, or failure to provide copies when demanded.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.