Compliance under the Act

• Labour Welfare Fund Registration

The Act applies to all establishments in the state of West Bengal including (i) a factory, (ii) tramway, motor transport undertaking and (iii) any establishment registered under W.B. Shops & Est Act, 1963 having 10 or more than 10 employees. They need to contribute to the West Bengal Labour Welfare Fund. This includes all employees, including sales promotion employees. However, this excludes those employees working in a managerial or supervisory position and receiving wages more than Rs. 10,000/‐ monthly.

• Payment of Labour Welfare Fund Contribution in West Bengal (Section 9(1),(2),(3))
  The contribution payable under the Act shall be paid to West Bengal Labour Welfare Board on half-yearly basis. Cut-Off date- employees whose name appears in the register of an establishment on the 30th June and 31st December. Employer to pay twice the amount of employee contribution.
• Payment of fines and of unpaid accumulations by employer (Section 10, Rule 4)
  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.
• Form D: Statement of Employer’s and Employee’s contribution to the Welfare Commissioner (Rule 5)

Every employer shall submit to the Welfare Commissioner on or before 15th day of July and 15th day of January a statement of employer’s contribution and employees’ contribution in respect of employees whose names stand on the establishment register on the preceding 30th June and 31st December, respectively, in Form D.

• Form G: Register of Wages by Employer in West Bengal (Rule 30(1)(a))
  Every employer of an establishment shall maintain and preserve for a period of 10 years a register of wages in Form G (except in cases where the employer maintains a similar register under any other law).
• Form H: Consolidated register of unclaimed wages and fines maintained by employer in West Bengal (Rule 30(1)(b))

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 H.

• Furnishing of a copy of the extract from the register in Form ‘G’ (Rule 30(2))
  The employer shall by the 31st January every year forward to the Welfare Commissioner a copy of the extract from the register in Form ‘G’ pertaining to the previous year.
• Form A: Notice of opening (Rule 3(1))

A Notice in Form A shall be served by the employer on Welfare Commissioner within 30 days of West Bengal Labour Welfare Fund Rules, 1976 becoming applicable to a factory, tramway, motor transport undertaking, commercial or any other establishment. A Notice in Form A shall be served by the employer on Welfare Commissioner within 30 days of West Bengal Labour Welfare Fund Rules, 1976 becoming applicable to a factory, tramway, motor transport undertaking, commercial or any other establishment.

• Form B: Notice of change (Rule 3(2))

The employer to give Notice to Welfare Commissioner in Form B within 30 days of any change in information furnished in Form A w.r.t. opening of factory/comm estab, etc. The employer to give Notice to Welfare Commissioner in Form B within 30 days of any change in information furnished in Form A w.r.t. opening of factory/comm estab, etc.

• Form B: Frequent change in a particular type of information by employer in West Bengal (Rule 3(2))

Notice in Form B to be given by the employer in case a particular type of information changes frequently in an establishment within 15 days from the closing of each half year ending on 30th June and 31st December, with the approval of Welfare Commissioner. Notice in Form B to be given by the employer in case a particular type of information changes frequently in an establishment within 15 days from the closing of each half year ending on 30th June and 31st December, with the approval of Welfare Commissioner.

• Form C : Notice of intended closure of business (Rule 3(3))

Where an employer tends to close down a business, he shall serve a Notice in Form C on the Welfare Commissioner at least 60 days before the date of intended closure. Where an employer tends to close down a business, he shall serve a Notice in Form C on the Welfare Commissioner at least 60 days before the date of intended closure.