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The Bombay Labour Welfare Fund Act, 1953
The Bombay Labour Welfare Fund Act, 1953
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 22A. Construction of certain references in the Act.
Section 2A3. Welfare Fund.
Section 34. Board.
Section 44A. Powers of the Board in respect of the Karnataka area to be exercised by the Government of Mysore for certain period.
Section 4A5. Disqualifications and removal.
Section 56. Registration of office of member and filling up of casual vacancies.
Section 67. Vesting and application of Fund.
Section 78. Power of Board to borrow.
Section 89. Investment of Fund.
Section 910. Directions by [Administrator] to Board.
Section 1011. Appointment and powers of Welfare Commissioner.
Section 1112. Appointment of Inspectors.
Section 1213. Absorption of the existing staff under Labour [Commissioner] .
Section 1314. Appointment of clerical and other staff by Board.
Section 1415. Power of [Administrator] to remove any person of staff of Board.
Section 1516. Power of [Administrator] or authorised officer to call for records, etc.
Section 1617. Mode of recovery of [sums payable to Board, etc.]
Section 1718. Supersession of Board.
Section 1819. Rules.
Section 1920. Members of Board, Welfare Commissioner, Inspectors and all officers and servants of Board to be public servants.
Section 2021. Protection to persons acting in good faith.
Section 2122. Exemptions.
Section 2223. Amendment of Section 8 of Act 4 of 1936.
Section 8
the-bombay-labour-welfare-fund-act-1953-1953.json
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25 Sections
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Delhi
{
"id": 27076,
"slug": "the-bombay-labour-welfare-fund-act-1953-1953",
"title": "The Bombay Labour Welfare Fund Act, 1953",
"short_title": "The Bombay Labour Welfare Fund Act, 1953",
"act_number": "(Act 40 of 1953)",
"act_year": 1953,
"act_type": "STATE",
"location": "Delhi",
"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) \"Administrator\" means the Administrator of the Union Territory of [Delhi] appointed by the President of India under Article 239 of the Constitution;]\n[(1A)] \"Board\" means the [Delhi Labour Welfare Board] constituted under Section 4;\n[ [(1AA)] \"contribution\" means the sum of money payable to the Board in accordance with the provisions of Section 6-BB;]\n[(2) \"employee\" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical supervisory or technical in an establishment directly by the employer or through contractor or any other agency, but does not include any person-\n(i) who is employed mainly in a managerial capacity,\n(ii) who, being employed in a supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem, or exercises powers or carries out, 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, or\n(iii) who is employed as an apprentice under the Apprentices Act, 1961 (52 of 1961);]\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(1)(f) of the Factories Act, 1948 (63 of 1948), 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 service or a motor transport undertaking to which the Motor Transport Works Act, 1961 applies; and]\n[(iii) any establishment within the meaning of [the Delhi Shops and Establishments Act, 1954 (Delhi Act 7 of 1954)] , which employs or on any working day during the preceding twelve months, employed [five] or more persons [including the establishments which have been granted exemption partly or wholly under the proviso to Section 4 of that Act:]\n[(5) \"factory\" means a factory as defined in Section 2(m) of the Factories Act, 1948 (63 of 1948), and includes any place wherein five or more persons are employed or working and-\n(i) wherein any manufacturing process is being carried on with the aid of power or is ordinarily so carried on;\n(ii) which is deemed to be a factory under Section 85 of the said Act;]\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 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(9) \"prescribed\" means prescribed by rules made under this Act;\n(10) \"unpaid accumulation\" means all payments due to the employee but not made to them within a period of three years 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] ;\n[(11) \"wages\" means as defined in Section 2(vi) of Payment of Wages Act, 1936 (4 of 1936), and includes bonus payable under the Payment of Bonus Act, 1965 (21 of 1965);]\n(12) \"Welfare Commissioner\" means the Welfare Commissioner appointed under Section 11.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "2A",
"title": "2A. Construction of certain references in the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "3",
"title": "3. Welfare Fund.",
"chapter": null,
"content": "(a) all fines realised from the employees;\n(b) [unpaid accumulations transferred to the Fund under Section 6-A] ;\n[(bb) any penal interest paid under Section 6-B;]\n[(bbb) any contribution paid under Section 6-BB;]\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 [Government] .]",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"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 [Administrator] :\n(b) such number of independent members as may be prescribed, nominated by the [Administrator] ; [***]\n(c) such number of independent members as may be prescribed, nominated by the [Administrator] to represent women;\n[(d) the Principal Secretary or Secretary (Finance) or his nominee shall be the ex-officio member; and\n(e) the Principal Secretary or Secretary (Labour) or his nominee shall be the ex-officio member.]",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "4A",
"title": "4A. Powers of the Board in respect of the Karnataka area to be exercised by the Government of Mysore for certain period.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "5",
"title": "5. Disqualifications and removal.",
"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 office involving moral turpitude.\n(a) is or has become subject to any of the disqualifications mentioned in sub-section (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": 6
},
{
"number": "6",
"title": "6. Registration of office of member and filling up of casual vacancies.",
"chapter": null,
"content": "[6A. Unpaid accumulations and claims thereto.\n(a) exhibited on the notice-board of the factory or establishment in which the unpaid accumulations were earned, and\n[***]\n(c) also published in any two newspapers circulating and in the language commonly understood in the area in which the factory or establishment in which the unpaid accumulation was earned is situate, or in such other manner as may be prescribed, regard being has to the amount of the claim, invite claims by employees for any payment due to them. The notice shall be inserted in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulation to the Board.\n[6AA. Power to appoint Committees.\n[6B. Interest on unpaid accumulations or fines after notice of demand.\n(a) in the case of a failure to pay any amount of unpaid accumulations or fines realised from the employees,-\n(i) for the first three months, at [one and a half per cent.] of the said amount for each completed month, after the last date by which he should have paid it according to the notice; and\n(ii) thereafter, at [two per cent.] of that amount for each completed month, during the time he continues to make default in the payment of that amount;\n(b) in the case of a failure to pay any amount of the employer's and employees' contributions under Section 6-BB,-\n(i) for the first three months, at [one and a half per cent.] of the said amount for each completed month, after the last date by which he should have paid it in accordance with the provisions of sub-section (3) of Section 6-BB; and\n(ii) thereafter, at [two per cent.] of that amount for each completed month, during the time he continues to make default in the payment of that amount:\n[6BB. Contributions.\n[(a) contribution in respect of employees whose names stand on the register of an establishment as on 30th June, 1993 and on every 31st December and 30th June, thereafter-\n(i) employees drawing wages upto and inclusive of [three thousand rupees per mensem, six rupees]\n(ii) employees drawing wages exceeding [three thousand rupees per mensem, twelve rupees] ]\n[(b) in respect of an employer for each employee referred to in sub-clauses (i) and (ii) of Clause (a), thrice the amount of contribution payable by an employee.]",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"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, tours 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, allowances, pension, provident fund and gratuity and other fringe benefits of the staff] appointed for the purpose 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": 8
},
{
"number": "8",
"title": "8. Power of Board to borrow.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "9",
"title": "9. Investment of Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "10",
"title": "10. Directions by [Administrator] to Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"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 thereunder are duly carried out and for the purpose he shall have the power to issue such orders not inconsistent with the provisions the Act and rules made thereunder as he deems fir including any order implementing the decisions taken by the Board under the Act or rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"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": 13
},
{
"number": "13",
"title": "13. Absorption of the existing staff under Labour [Commissioner] .",
"chapter": null,
"content": "(a) during the period of such employment all matters relations to pay, leave, retirement, allowances, pensions, provident fund and other conditions of service of the said staff shall be regulated by the [the rules for the time being applicable to Persons employed in connection with the affairs of the Union Territory of [Delhi] ] or such other rules as may be from time to time be made by the [Administrator] ;\n(b) every such member shall have a right of appeal of the [Administrator] against any order of reduction, dismissal or removal from services, fine or any other punishment:",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "14",
"title": "14. Appointment of clerical and other staff by Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "15",
"title": "15. Power of [Administrator] to remove any person of staff of Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "16",
"title": "16. Power of [Administrator] or authorised officer to call for records, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "17",
"title": "17. Mode of recovery of [sums payable to Board, etc.]",
"chapter": null,
"content": "[17A. Penalty for obstructing inspection in discharge of Inspector's duties or for failure to produce documents, etc.\n(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 offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:\n[17B. Provisions relating to jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "18",
"title": "18. Supersession of Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "19",
"title": "19. Rules.",
"chapter": null,
"content": "[(a) the intervals at which or the period within which any of the sums referred to in section 3 shall be paid to the Board or into the Fund the manner of making such payment and the agency for, and manner of, collection of any such sum;]\n(b) the manner in which the accounts of the Fund shall be maintained and audited under sub-section (3) of Section 3;\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 allowances, 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 services of the Welfare Commissioner and Inspectors [***] appointed under the 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 members;\n[(i) the register and records to be maintained and returns to be sent to the Board under this 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": 20
},
{
"number": "20",
"title": "20. Members of Board, Welfare Commissioner, Inspectors and all officers and servants of Board to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "21",
"title": "21. Protection to persons acting in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "22",
"title": "22. Exemptions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "8",
"title": "23. Amendment of Section 8 of Act 4 of 1936.",
"chapter": null,
"content": "\"but in the case of any factory or establishment to which [the Bombay Labour Welfare Fund Act, 1953 (Bombay Act XL of 1953)] , as extended to the [Union Territory of Delhi] applies all such realisations shall be paid into the Fund constituted under the said Act.\"",
"footnote": "",
"is_definition": false,
"sort_order": 24
}
],
"metadata": {
"Act ID": "dl124",
"Act Number": "(Act 40 of 1953)",
"Enactment Date": "",
"Act Year": "1953",
"Short Title": "The Bombay Labour Welfare Fund Act, 1953",
"Type": "UNION_TERRITORY",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:55:22"
}