The Bombay Labour Welfare Fund Act, 1953

{
    "id": 16706,
    "slug": "the-bombay-labour-welfare-fund-act-1953",
    "title": "The Bombay Labour Welfare Fund Act, 1953",
    "short_title": "The Bombay Labour Welfare Fund Act, 1953",
    "act_number": "Bombay Act No. 11 of 1953",
    "act_year": 1953,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Labour Welfare Fund Act, 1953",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Board\" means [ [the Gujarat Labour Welfare Board] constituted under Section 4;\n[(1A) \"Contribution\" means the sum of money payable as contribution to the Board in accordance with the provisions of Section 6B,] .\n(2) \"Employee\" means any person who is employed for hire of reward to do any work, skilled or unskilled, [manual, clerical, Supervisory or technical] in an establishment [but does not include any person.\n(a) Who is employed mainly in a managerial capacity, or\n(b) Who, being employed in a supervisory capacity, draws wages exceeding [three thousand and five hundred rupees] per mensem or exercises, 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.]\n(3) \"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-\n(i) in a factory, any person named under Section 7 (i) (f) of the Factories Act as the manager;\n(ii) in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;\n(4) \"Establishment\" means-\n(i) a factory;\n(ii) a tramway or motor omnibus services; and\n[\"(iii) any establishment within the meaning of the Bombay Shops and Establishments Act, 1948, which employs, or on any working day during the twelve months proceedings the specified date employed, ten or, more persons:\n(5) \"Factory\" means a factory as defined in Section 2 (m) of the Factories Act 1948 (LXIII of 1948);\n(6) \"Fund\" means the [ [Labour Welfare Fund] constituted under Section 3;\n(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.\n(8) \"Inspector\" means an Inspector appointed under Section 12;\n[* * * * *\n* * * * *]\n(9) \"Prescribed\" means prescribed by rules made under this Act;\n[\"(9A) \"specified date\" in relation to any establishment for the purpose of payment to the Board of any sum specified in item (a), (b), or (bb) of subsection (2) of Section 3 shall be the date on or before which any such sum becomes payable to the Fund,\"]\n(10) \"Unpaid accumulations\" means all payment due to the employees but not made to them within a period of [one year] from the 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 Employees' Provident Funds Act, 1952 (XIX of 1952)] .\n[(11) \"Wages\" means as defined in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (IV of 1936)] .\n(12) \"Welfare Commissioner\" means the Welfare Commissioner appointed under Section 11.\n2A.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Welfare fund.",
            "chapter": null,
            "content": "(a) all fines realised from the employees;\n(b) all unpaid accumulations;\n[(bb) any contribution paid under Section 6B.]\n[(bbb) any interest paid under section 6c.]\n(c) any voluntary donations;\n(d) any fund transferred under sub-section (5) of section 7 [****]\n(e) any sum borrowed under Section 8.\n[\"(f) any loan, grant-in-aid or subsidy paid by the State Government or any local authority or statutory corporation\"\n(g) all sums received in any other manner or from any other source.\"]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Board.",
            "chapter": null,
            "content": "(a) such number as may be prescribed of representatives of employers and employees to be nominated by the State Government;\n(b) such number of independent members as may be prescribed, nominated by the State Government ; and\n(c) such number of independent members as may be prescribed, nominated by the State Government to represent women.\n(a) such existing Board shall stand dissolved, and the members thereof shall vacate office;\n(b) all properties, funds and dues which are vested in, realisable by the existing Board shall vest in, and be realisable by the Board so constituted.\n(c) all rights and liabilities which are enforceable by or against the existing Board, shall be enforceable by or against the Board so constituted, and where in any proceedings, in any Court or Tribunal the existing Board is a party thereto, the Board so constituted shall be deemed to be substituted as a party to those proceedings; and\n(d) the Welfare Commissioner and the other officers and servants of the existing Board shall continue to be the Welfare Commissioner and officers and servants of the Board so constituted; but the terms and conditions of service of the Welfare Commissioner and other officers and servants shall not, until duly altered by a competent authority be less favourable under the Board so constituted than those admissible to them while in service of the existing Board.]\n[4A.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Disqualifications and removals.",
            "chapter": null,
            "content": "(a) is a salaried official of the Board ; or\n(b) is or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors ; or\n(c) is found to be a lunatic or becomes of unsound mind ; or\n(d) is or has been convicted of any offence involving moral turpitude.\n(a) is or has become subject to any of the disqualifications mentioned in subsection (1); or\n(b) is absent without leave of the Board for more than three consecutive meetings of the Board.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Resignation of office by member and filling up of casual vacancies.",
            "chapter": null,
            "content": "[6A. Unpaid accumulations and claims thereto.\n(a) affixed on the notice board, or in its absence on a conspicuous part of the premises, of each establishment in which the unpaid accumulations were earned.\n(b) published in the Official Gazette , and\n(c) published in any two newspapers in the language commonly understood in the area in which such establishment is situated, and circulating therein or in such other manner as may be prescribed, regard being had to the amount of claim.\n(a) in respect of which no separate accounts have been maintained so that the unpaid claims of employees are not traceable, or\n(b) which are proved to have been spent before the sixth day of December 1961, and accordingly such unpaid accumulations shall not be liable to be collected and paid under sub-section (4) of Section 3]\n[6B.\n[6C. Interest on unpaid accumulations, fines and contributions after notice of demand.\n(a) in respect of the period falling within the first three months after such expiry, at the rate of twelve per cent per annum, and\n(b) in respect of the other period, at the rate of eighteen per cent per annum.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Vesting and application of Fund.",
            "chapter": null,
            "content": "(a) community and social education centres including reading rooms and libraries;\n(b) community necessities;\n(c) games and sports;\n(d) excursions, lours and holiday homes;\n(e) entertainment and other forms of recreations;\n(f) home industries and subsidiary occupations for women and unemployed persons;\n(g) corporate activities of a social nature;\n(h) cost of administering the Act including the salaries and allowances of the staff appointed for the purposes of the Act; and\n(i) such other objects as would in the opinion of the State Government improve the standard of living and ameliorate the social conditions of labour;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power of Board to borrow.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Investment of fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Directions by State Government to Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Appointment and Powers of Welfare Commissioner.",
            "chapter": null,
            "content": "(ii) the Welfare Commissioner shall be the principal executive officer of the Board;\n(iii) it shall be the duty of the Welfare Commissioner to ensure that the provisions of this Act and the rules made there under are duly carried out and for this purpose he shall have power to issue such order not inconsistent with the provisions of the Act and rules made thereunder as he deems fit including any order implementing the decisions taken by the Board under the Act or rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Appointment of Inspectors.",
            "chapter": null,
            "content": "(a) with such assistance, if any, as he thinks fit, enter at any reasonable time any premises for carrying out the purposes of this Act;\n(b) exercise such other powers as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Absorption of the existing staff under Commissioner of Labour.",
            "chapter": null,
            "content": "(i) taken over by a Labour Welfare Board constituted under this Act and existing on the date of such taking over, and\n(ii) allotted to the Gujarat Labour Welfare Board established under the Bombay Welfare Board (Reorganisation Order), 1960,\n(a) during the period of such employment all matters relating to pay, leave, retirement, allowances, persons, provident fund and other conditions of service of the said staff shall be regulated by the Bombay Civil Services Rules or such other rules as may from time to time be made by the State Government ;\n(b) every such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removed from service, fine or any other punishment:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Appointment of clerical and other staff by Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power of the State Government to remove any person on staff of the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power of State Government or authorised officer to call for record, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Mode of recovery of sums payable to the Board [into Fund], etc.",
            "chapter": null,
            "content": "[17A. Penalty for failure to make payment of accumulations, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17B",
            "title": "17B. Penalty for unlawful deduction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "17C",
            "title": "17C. Penalty for obstructing inspectors exercising powers of discharging duties, etc.",
            "chapter": null,
            "content": "(a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and\n(b) for a second or subsequent offences, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "17D",
            "title": "17D. Offences by companies.",
            "chapter": null,
            "content": "(a) \"Company\" means any body corporate and includes a firm or other association of individuals and\n(b) \"director\" in relation to a firm, means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "17E",
            "title": "17E. Provisions relating to jurisdiction.",
            "chapter": null,
            "content": "(a) no court inferior to that of a Metropolitan Magistrate or a judicial Magistrate of the first class shall try any offence punishable under this Act; and\n(b) no Court shall take cognizance of any offence punishable under this Act, unless a complaint thereof is made within six months of the date on which the offence is alleged to have been committed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "18",
            "title": "18. Supervision of the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "19",
            "title": "19. Rules.",
            "chapter": null,
            "content": "(a) the agency for and the manner of collection of sum specified in [sub-section (3) of Section 3; and the period within which the same shall be paid to the credit of the Fund;\n(b) the manner in which the accounts of the Fund shall be maintained and audited under sub-section (3) of Section 3 ;\n[(bb) the manner in which the Welfare Commissioner shall collect under sub-section (3) of Section 6C the amount of interest payable under sub-section (2) of that section to the Board, and the conditions subject to which the Welfare Commissioner may remit the whole or any part of the amount of interest under the proviso to sub-section (3) of that Section;\"]\n(c) the procedure for making grants from the Fund under Section 7;\n(d) the procedure for defraying the expenditure incurred in administering the Fund;\n(e) the number of representatives of employers and employees, independent members and representatives of women on the Board, and the allowance, if any, payable to them, under Section 4;\n(f) the manner in which the Board shall conduct their business;\n(g) the duties and powers of the Inspectors and the conditions of service of the Welfare Commissioner and Inspectors and other staff appointed under this Act;\n[(ga) the delegation of the powers, and functions of the Board to the Welfare Commissioner and the conditions and limitations subject to which the powers may be exercised or functions discharged :]\n(h) the percentage of the annual income of the Fund beyond which the Board may not spend on the staff and on other administrative measures;\n(i) the registers and records to be maintained under the Act;\n(j) the publication of the report of the activities financed from the Fund together with a statement of receipts and expenditures of the Fund and statement of accounts;\n(k) any other matter which under this Act is or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "20",
            "title": "20. Members of Board, Welfare Commissioners, Inspectors and all officers and servants of Board to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "21",
            "title": "21. Protection to persons acting in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "22",
            "title": "22. Exemption.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "8",
            "title": "23. Amendment of section 8 of Act IV of 1936.",
            "chapter": null,
            "content": "\"but in the case of any factory or establishment to which the Bombay Labour Welfare Fund Act, 1953 (Bombay XL of 1953), applies all such realisations shall be paid into the Fund constituted under the said Act.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        }
    ],
    "metadata": {
        "Act ID": "guj093",
        "Act Number": "Bombay Act No. 11 of 1953",
        "Enactment Date": "",
        "Act Year": "1953",
        "Short Title": "The Bombay Labour Welfare Fund Act, 1953",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}