Karnataka Labour Welfare Fund Act, 1965

Background

The Karnataka Labour Welfare Fund Act, 1965 was enacted to establish a statutory Labour Welfare Fund and create mechanisms for financing and promoting welfare measures for workers and their dependants. The Fund is intended to be used for housing, medical facilities, educational assistance, recreation, social security, and other schemes that improve workers’ welfare. The Karnataka Welfare Fund Rules, 1968 provide detailed procedures for contributions, payment of fines and unpaid accumulations, maintenance of registers, and filing of returns.

Applicability

The Karnataka Labour Welfare Fund Act applies to the following establishments in Karnataka:

    • a factory
    • a motor omnibus service
    • any establishment including a society registered or deemed to be registered under the Karnataka Societies Registration Act, 1960, and a charitable or other trust, whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection with or ancillary thereto and which employs or on any working day during the preceding twelve months employed more than fifty persons but does not include an establishment (not being a factory) of the Central or any State Government; and
    • any plantation or workshops

Compliance requirements under the Rule in accordance with the Act

  1. Labour Welfare Fund Registration

The Karnataka Labour Welfare Fund Act applies to the following establishments in Karnataka:

    • A factory,
    • A motor omnibus service,
    • Any establishment including a society registered under the Karnataka Societies Registration Act, 1960, and a charitable or other trust (registered or not) carrying on any business or trade or related work, employing more than 50 persons on any working day during the preceding 12 months,
    • Any plantation or workshop.

It does not apply to establishments (not being factories) belonging to or under the control of the Central or State Government.

  1. Collection and payment of fines & of unpaid accumulations by employers in Karnataka (Section 7, Rule 3(3))

All fines realized from employees and all unpaid accumulations accruing after the commencement of the Act shall be paid by the employer to the Welfare Commissioner once every quarter, on or before 15th April, 15th July, 15th October, and 15th January, in the manner specified in the Rules.

  1. Form D: Statement of payment of Labour Welfare Fund contribution in Karnataka (Section 7A(3), Rule 3A)

Every employer shall make payment of the employer’s and employees’ contributions to the Labour Welfare Fund and submit to the Welfare Commissioner a statement in Form D on or before 15th January every year, showing the contributions paid during the preceding year.

  1. Compliance to Notice for payment of fines and unpaid accumulations from Welfare Commissioner (Rule 4)

If the Welfare Commissioner issues a notice in Form C directing payment of fines realized from employees or unpaid accumulations that remain unpaid under Rule 3, the employer must comply and make such payment within 14 days of receiving the notice.

  1. Contributions to the Labour Welfare Fund in Karnataka (Section 7A, amended 2017)
    For every employee whose name stands in the register of an establishment on 31st December, contributions must be paid to the Fund comprising:
  • Employer’s contribution,
  • Employee’s contribution, and
  • State Government’s contribution.

Currently, the prescribed contributions are ₹20 by the employee, ₹40 by the employer, and ₹20 by the State Government, annually.

  1. Form A: Register of Wages by Employer in Karnataka (Rule 29(1)(a))
    Every employer of an establishment to which the Payment of Wages Act, 1936 does not apply shall maintain a Register of Wages in Form A.
  2. Form B: Consolidated Register of Unclaimed Wages and Fines in Karnataka (Rule 29(1)(b))
    Every employer of an establishment to which the Payment of Wages Act, 1936 does not apply shall maintain a Consolidated Register of Unclaimed Wages and Fines in Form B.

Furnishing of a copy of the extract from the register in Form B (Rule 29(2))
By 31st January of every year, every employer must forward to the Welfare Commissioner a copy of the extract from the Register in Form B, relating to the previous year

Penalty & Punishment

Under Section 17B: Any person who wilfully contravenes any provision of the Act shall on conviction be punished for the first offence with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to three months and for the second and subsequent offences, with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to one year or with both.

Conclusion

The Karnataka Labour Welfare Fund Act, 1965 ensures mandatory contributions by employers and employees towards a welfare fund, supplemented by State Government contributions. It lays down compliance obligations relating to payment schedules, maintenance of registers, filing of statements, and responding to notices from the Welfare Commissioner. For all covered establishments with more than 50 employees, adherence to the Act is essential both for legal compliance and to support welfare initiatives for workers and their families.

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. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 63

Schedule A Demo