LexThe PUNJAB LABOUR WELFARE FUND ACT, 1965
Haryana · state statute
Open in Lexace · Ask the AI about this act 1965 : Pb. Act 17] LABOUR WELFARE FUND
THE PUNJAB LABOUR WELFARE FUND ACT, 1965.
(as amended)
Arrangement of Sections
Sr. No. CONTENTS OF SECTIONS Page No.
1. 1. Short title, extent and commencement. 1
2. 2. Definitions . 1-2
3. 2A. Construction of certain references in the Act. 2
4. 3. Welfare Fund. 2-3
5. 4. Establishment of Board. 3-4
6. 5. Power of State Government to remove members from office in 4
certain cases.
7. 6. Vacancies, etc., not to invalidate proceedings of Board. 4
8. 7. Terms of office, casual vacancies and resignation. 4
9. 7A. Members to hold office during the pleasure of the State 5
Government.
10. 8. Procedure at the meetings of the Board. 5
11. 9. Unpaid accumulations and claims thereto. 5-6
12. 9A. Contribution to fund by employers and employees. 6-7
13. 10. Vesting and application of Fund. 7-8
14. 11. Power of Board to Borrow. 8
15. 12. Investment of Fund. 8
16. 13. Power of State Government to give directions to the Board. 8
17. 14. Appointment and powers of Welfare Commissioner. 8
18. 15. Appointment of Inspectors. 8
19. 16. Absorption of the existing staff under Labour Commissioner. 9
20. 17. Appointment of clerical and other staff by Board. 9
21. 18. Power of State Government to remove any person on staff of 9
Board.
22. 19. Power of State Government or Authorised Officer to call for 9
records, etc.
23. 20. Mode of recovery of sums payable into fund, etc. 9
24. 21. Supersession of Board. 9-10
25. 22. Members of the Board, Welfare Commissioner, Inspectors 10
and all officers and servants of Board to be public servants.
26. 23 Delegation. 10
27. 24. Protection of persons acting in good faith. 10
28. 25. Exemptions. 10
29. 26 A. Penalty. 10
30. 26 B. Cognizance of offences. 10
31. 27. Power to make rules. 10-11
1
1965 : Pb. Act 17] LABOUR WELFARE FUND
THE PUNJAB LABOUR WELFARE FUND ACT, 1965
(Punjab Act.No.17of 1965)
[As amended upto March 14, 2019]
1[Received the assent of the President of India on the 17th July, 1965, and first
published for general information in the Punjab Government Gazette (Extraordinary),
Legislative Supplement, Part I, of July 27, 1965.]
An
Act
to provide for the constitution of a Fund for the financing of activities to promote welfare
of labour in the State of Punjab and for conducting such activities and for certain other
purposes.
Be it enacted by the Legislature of the State of Punjab in the Sixteenth Year of the
Republic of India as follows :--
1. Short title, extent and commencement--(1) This Act may be called the Punjab Labour
Welfare Fund Act, 1965 .
2[(2) It extends to the territories which, immediately before the 1st day of
November, 1966 were comprised in the State of Punjab, excluding the territory transferred
to the Union Territory of Himachal Pradesh under section 5 of the Punjab Re- organisation
Act, 1966 ( 31 of 1966)].
(3) It shall come into force on the first day of July, 1965.
2. Definitions- In this Act, unless the context otherwise requires, -
3[(1) ‘Board’ means the Punjab Labour Welfare Board established and constituted
under section 4 for each of the States of Punjab and Haryana and the Union
Territory Chandigarh ;]
4(””2) ‘employee’ means any person employed, directly by or through any
agency(including a contractor) with or without the knowledge of the
principal employer, for remuneration in any factory or establishment to do
any work connected with its affairs;”
(3) ‘employer’ means any person who is employed, either directly or
through another person on behalf of himself or any other person, one or
more employees in an establishment , and includes . --
(i) In a factory, any person named under clause (f) of sub-section (1) of section
7 of the Factories Act, 1948, as the manager ;
(ii) In any establishment, other than a factory, any person responsible to the
owner of the establishment for the supervision and control of employees or
for the payment of wages ;
1. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1965 page 452.
2. See Government of India, Ministry of Home Affairs, S.O. No. 1301, dated the 28th March,
1969, published in Gazette of India(Extra.), Part –II. Section 3 (ii), of 31st March, 1969.
3 For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971 page 198.
4 Substituted for clause (2) by Haryana Act No. 7 of 2007 dated 4th April, 2007.
2
4(“”(4) ‘establishment’ means a factory and includes any premises including the
precincts thereof wherein and in any part of which any industry within the
meaning of clause (j) of section 2 of the Industrial Disputes Act, 1947 (Act 14 of
1947), is carried on and also includes a shop or a commercial establishment within
the meaning of the Punjab Shops and Commercial Establishments Act, 1958
(Punjab Act 15 of 1958), in which, on any day. Ten or more employees are
employed or were employed during the preceding twelve months;’
(5) ‘factory’ means a factory as defined in clause (m) of section 2 of the
Factories Act, 1948, or any place which is deemed to be a factory under sub-
section (2) of section 85 of that Act ;
¹[(6) “Fund” means the Labour Welfare Fund constituted under section 3 for
eachof the States of Punjab and Haryana and the Union Territory of
Chandigarh ;]
(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 ;
(8) ‘Inspector’ means an Inspector appointed under section 15 ;
(9) ‘prescribed’ means prescribed by rules made under this Act ;
(10) ‘unpaid accumulations’ means all payments due to the employees but not
made to them within a period of 3[two years] from the date on which they
become due, whether before or after the commencement of this Act, including
the wages, bonus 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 Fund Act, 1952 ;
(11) wages’ means wages as defined in clause (6) of section 2 of the Payment of
Wages Act, 1936 ;
(12) ‘Welfare Commissioner’ means the Welfare Commissioner appointed under
section 14.
[2A. Construction of certain references in the Act. -- (1) In the application of the
provisions of this Act to the Union territory of Chandigarh , any reference
therein to the State or State Government shall be construed as a reference to
the Administrator of the Union territory of Chandigarh.
(2) Sub-section (3) of section 27 shall not apply in relation to the Union territory of
Chandigarh but shall apply to the State of Haryana with the modifications that for
the words “each house of the State Legislature”, the words “ the Legislative
Assembly” and for the words “both Houses agree” at both the places where they
occur, the words “the Legislative Assembly agrees” shall be substituted.”
3. Welfare Fund -–(1) The State Government shall constitute a Fund called the
Labour Welfare Fund and, notwithstanding anything contained in any other law
for the time being in force or in any contract or instrument, all unpaid
accumulations shall be paid to the Board which shall keep a separate account
therefore until claims thereto have been decided in the manner provided in
section 9, and the other sums specified in sub-section (2) shall be paid into the
Fund :
1. Substituted by Government of India S.O. No. 1301, dated 28th March, 1969
2. Section 2-A added by Govt. of India, S.O. No. 1301, dated 28th March, 1969.
3. Substitute for the words “three years” by Haryana Act No. 1 of 2002.
4. Substituted for clause(4) of section 2 by Act No. 7 of 2007, dated 4th April,
2007.
3
(2) The Fund shall consist of--
(a) all fines realised from the employees ;
(b) unpaid accumulations transferred to the Fund under section 9 ;
(c) grants and subsidies to the Board made by the State Government ;
(d) all voluntary donations ;
(e) any fund transferred under sub-section (5) of section 10 ; [ X ]1
(f) any sum borrowed under section 11 2’[;and]
3[ (g) any contribution of employers and employees.]
(3) The sums specified in sub- section (2) shall be collected by such agencies and in
such manner and the accounts of the Fund shall be maintained and audited in
such manner as may be prescribed.
4[“(4) The employer shall be required to pay interest at the rate of twelve per cent per
annum on the amount of unpaid accumulations in case he fails to deposit the
same within a period of one year from the prescribed date. The rate of interest
thereafter shall be twenty per cent per annum.
(5) An employer who has already incurred the liability of payment of fine at the rate
of twenty-five per cent at the time of commencement of the Punjab Labour
Welfare Fund ( Haryana amendment) Act, 1988, shall be liable to pay interest at
the rate of twenty per cent per annum from the date of commencement or from
the expiry of two years from the date of incurring the liability of payment of fine,
whichever is later.”]
4. Establishment of Board .-- 5 [(1) For the purpose of administering the Fund and for
performing such other functions as are assigned to it by or under this Act, the state
Government shall by notification establish a Board to be known as “The Punjab
Labour Welfare Board for Punjab or Haryana or the Union territory of Chandigarh”
as the case may be .]
(2) The Board shall be a body corporate with the name aforesaid, having perpetual
succession and a common seal with power, subject to the provisions of this Act, to
acquire, hold or dispose of property, and to contract, and may by that name sue
or be sued.
(3) The Board shall consist of the following members, including the Chairperson and
the Vice-Chairperson7, to be nominated by the State Government, namely :--
(a) such equal number of representatives of employers and employees as may be
prescribed ; and
(b) such number of independent members, whether official, non-official or both, as
may be prescribed.
(4) No person shall be nominated as a member of the Board who--
(a) is a salaried official of the Board ; or
(b) has been adjudged as an insolvent ; or
1. The word “and ”omitted by Haryana Act No. 1 of 2002
2. The sign “.” Substituted by the sign and word “ and” by Haryana Act ibid
3. Added by Haryana Act ibid.
4. Substituted for sub section (4) by Haryana Act No. 19 of 1988
5. Substituted by Government of India S.O. No. 1301, dated 28th March, 1969
6. The word “and ”omitted by Haryana Act No. 7 of 2007
7. Substituted the word “Chairman” of sub section (3) of section 4 by
Haryana Act No. 6 of 2013.
4
(c) is of unsound mind and stands so declared by a competent court or is, in the
opinion of the State Government, physically or mentally unfit to be appointed
as a member ; or
(d) has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude.
5. Power of State Government to remove Chairperson, Vice-Chairperson and1
member from office in certain cases.-- The State Government may remove from
office the Chairperson and Vice-Chairperson1 or any member of the Board who--
(a) absents himself from three consecutive meetings of the Board without
permission of the Chairperson of the Board in the case of a member and of the
State Government in the case of the Chairperson and Vice-Chairperson ;
(b) is or has become subject to any of the disqualifications mentioned in sub-
section (4) of section 4 ; or
(c) so abuses his position as to render his continuance in office detrimental to
the public interest.
6. Vacancies, etc, not to invalidate proceedings of Board --No act done, or
proceeding taken, under this Act by the Board shall be invalid merely on the
ground—
(a) of any vacancy or defect in the constitution of the Board ;or
(b) of any defect or irregularity in the nomination of a person acting as a
member thereof ; or
(c) of any defect or irregularity in such act or proceeding, not affecting the
merits of the case.
7. Term of office, casual vacancies and resignation -- (1) The term of office of a
member of the Board shall be three years commencing on the date on which his
nomination is notified in the official Gazette :
Provided that a member nominated to fill a casual vacancy shall hold
office for the unexpired portion of the term of office of the member in whose
place the former is nominated.
(2) A member of the Board, including the Chairperson or the Vice-Chairperson1
thereof, may resign his office by notifying in writing his intention to do so to the
State Government, and on such resignation being accepted by the State
Government, he shall be deemed to have vacated his office.
(3) If a vacancy arises in the office of the Chairperson and Vice- Chairperson1
or a member of the Board, whether by death, resignation, removal or otherwise,
the vacancy shall be filled up by the State Government in accordance with the
provisions of section 4.
(4) An outgoing, member, including the Chairperson and Vice-Chairperson1
shall be eligible for re-nomination.
1. (Substituted the word “Chairman” in section 5,7(2), 7(3) and 7(4) by Haryana Act
No. 6 of 2013. )
5
1[ “7-A. Chairperson, Vice-Chairperson and Members4 to hold office during the pleasure of
the State Government.-- Notwithstanding anything to the contrary contained in this Act,
the Chairperson, Vice-Chairperson and4 members of the Board shall hold office during
the pleasure of the State Government.” ]
8. Procedure at the meetings of the Board-- (1) The Chairperson and in his absence,
the Vice-Chairperson and in the absence of both,4 a member of the Board
nominated by the State Government shall preside at a meeting of the Board.
(2) All questions at a meeting of the Board shall be decided by a majority of
the members of the Board present voting :
Provided that in the case of an equality of votes, the Chairperson4 or the person
presiding, as the case may be, shall, in addition to his vote as a member have a second
or casting vote.
(3) The quorum at a meeting of the Board and the manner in which the
business of the Board shall be conducted shall be such as may be prescribed.
9. Unpaid accumulations and claims thereto -- (1) All unpaid accumulations shall be
deemed to be abandoned property.
(2) Any unpaid accumulations paid to the Board in accordance with the
provisions of section 3 shall, on such payment, discharge an employer of the liability
to make payment to an employee in respect thereof but to the extent only of the
amount paid to the Board, and the liability to make payment to the employee to
the extent aforesaid shall, subject to the succeeding provisions of this section, be
deemed to be transferred to the Board.
(3) As soon as possible after the payment of any unpaid accumulations is made to
the Board, the Board shall, by notice (containing such particulars as may be
prescribed)--
(a) exhibited on the notice board of the establishment in which the unpaid
accumulations was earned ;
(b) Published in the Official Gazette and also in any two newspapers in both the
regional languages of the State having large circulation in the area in which the
establishment is situated or in such other manner as may be prescribed, regard
being had 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 December of every year, for a period of two
years from the date of the payment of the unpaid accumulations to the Board.
(4) If any question arises whether the notice referred to in sub-section (3) was
given as required by that sub-section a certificate of the Board that it was so given,
shall be conclusive.
1. Inserted by Haryana Act No. 19 of 1981.
2. The word” June and” omitted by Haryana Act No. 7 of 2007, dated 4th, April,
2007.
3. Substituted for the words” Three Years” , by Haryana Act No. 7 of 2007, dated
4th April, 2007.
4. Substituted for the words “Chairman” in Section 7-A and 8 (1) and (2) by
Haryana Act No. 6 of 2013.
6
(5) If a claim is received, whether in answer to the notice or otherwise, within a
period of four years from the date of first publication of the notice in respect of such
claims,--
(a) where the amount of claim so received is equal to the amount deposited by
the management with the Board, the amount of the claim shall be paid by
the Board to the employee concerned ; and
(b) in any other case, the Board shall transfer such claim to the Authority appointed
under section 15 of the Payment of Wages Act, 1936, having jurisdiction in the
area in which the establishment is or has been situated, and the Authority shall
proceed to adjudicate upon, and decide, such claim. In hearing such claim the
Authority shall have the powers conferred by, and follow the procedure (in so far
as it is applicable) followed in giving effect to the provisions of that Act.
(6) If the Authority aforesaid is satisfied that any such claim is valid so that the right to
receive payment is established, it shall decide that the unpaid accumulations in
relation to which the claim is made shall cease to be deemed to be abandoned
property, and shall order the Board to pay the whole of the dues claimed, or such
part thereof as the Authority decides, are properly due, to the employee ; and the
Board shall make payment accordingly :
Provided that the Board shall not be liable to pay any sum in excess of that paid
under sub-section (1) of section 3 to the Board as unpaid accumulations in respect
of the claim.
(7) If a claim for payment is refused, the employee shall have a right of appeal to
the Court of District Judge and Board shall comply with any order made in
appeal. An appeal shall lie within sixty days of the decision of the Authority.
(8) The decision of the Authority, subject to the appeal aforesaid, and the decision
in appeal shall be final and conclusive as to the right to receive payment, the
liability of the Board to pay and also as to the amount , if any.
(9) If no claim is made within the time specified in sub-section (5) or a claim has
been duly refused as aforesaid by the Authority, or on appeal by the Court,
then the unpaid accumulations in respect of such claim shall accrue to, and
vest in, the State as bona vacantia, and shall thereafter, without further
assurance, be deemed to be transferred to, and form part of, the Fund.
1[“9A. Contribution to Fund by employers and employees.- ‘(1) Each employee shall
contribute to the Fund every month an amount equal to zero point two percent of his
salary or wages or any remuneration subject to a limit of rupees thirty-one and each
employer in respect of each such employee shall contribute to the Fund every month,
twice the amount contributed by such employee :
Provided that the limit specified above shall be indexed annually to the consumer
price index beginning from first of January each year.
Explanation.- For the purposes of sub-section (1), “employee” means an
employee on the register of an establishment on the last working
day of the month.’.
1. Inserted by Haryana Act No. 1 of 2002 dated 29th Jan. 2002.
2. Substituted for the words “One rupee” and “two rupees” by Haryana Act No. 7 of 2007
dated 4th April, 2007.
3. Substituted for the words “Five rupees” and “twenty rupees” by Haryana Act No. 8 of 2012
dated 11th April, 2012.
4. Sub-section (1) of section 9A substituted by Haryana Act No. 18 of 2019 dated 14th March,
2019.
7
(2) Every employer shall pay to the Fund both his contribution and the contribution of
the employee before the 31st December of every year through online mode in
favour of Welfare Commissioner.
(3) The employer shall be entitled to recover from the employee the employee’s
contribution by deduction from his wages and not otherwise :
2” (4) Any employer who fails to pay the contribution amount within a period of
one month from the date specified under sub-section (2), shall be liable to pay interest at
the rate of twelve percent per annum from the said date until such time the amount is
actually deposited with the Welfare Commissioner;”.
10. Vesting and application of Fund -(1) The Fund shall vest in, and be held and
applied by, the Board as trustees subject to the provisions and for the purposes of
this Act. The moneys therein shall be utilized by the Board to defray the cost of
carrying out measures which may be specified by the State Government from
time to time to promote the welfare of labour and of their dependants.
(2) Without prejudice to the generality of sub-section (1), the money in the Fund
may be utilized by the Board to defray expenditure on the following :-
(a) community and social education centres including reading rooms and
libraries ;
(b) community necessities ;
(c) games and sports ;
(d) excursions, tours and holiday homes ;
(e) entertainment and other forms of recreation ;
(f) home industries and subsidiary occupations for women and unemployed persons ;
(g) corporate activities of a social nature ;
(h) cost of administering this Act including the allowances, if any, payable to the
Chairperson, Vice-Chairperson and members of the Board and the salaries
and allowances of the staff appointed for the purposes of this Act ; and
(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 :
Provided that the Fund shall not be utilized in financing any measure which the
employer is required under any law for the time being in force to carry out :
Provided further that unpaid accumulations and fines shall be paid to the Board
and be expended by it under this Act notwithstanding anything contained in the
Payment of Wages Act, 1936, or any other law for the time being in force.
(3) The Board may, with the approval of the State Government make a grant of the
Fund to any local authority or any other body except an employer in aid of any
activity for the welfare of labour and of their dependents approved by the State
Government.
(4) If any question arises whether any particular expenditure is or is not debitable
to the Fund, the matter shall be referred to the State Government and the
decision of the State Government on such reference shall be final.
(5) It shall be lawful for the Board to continue any activity financed from the
welfare fund of any establishment if the said fund is duly transferred to the
Board.
1. Inserted by Haryana Act No. 1 of 2002 dated 29th January, 2002
2. Inserted by Haryana Act No. 7 of 2007 dated 4th April, 2007
3. Inserted by Haryana Act No. 8 of 2012 dated 11th April, 2012.
4. Inserted by Haryana Act No. 18 of 2019 dated 14th March, 2019.
8
11. Power of Board to Borrow.-- The Board may, with the previous sanction of the
State Government, and subject to the provisions of this Act and to such conditions
as may be specified in this behalf, borrow any sum required for the purposes of this
Act.
12. Investment of Fund.-- Where the Fund or any portion thereof cannot be applied for
some time for the purposes of this Act, the Board shall invest the same in such
manner and in such securities as may be prescribed.
13. Power of State Government to give directions to the Board.--The State
Government may give the Board such directions as in its opinion are necessary
or expedient in connection with expenditure from the Fund or for carrying out
the other purposes of this Act ; and it shall be the duty of the Board to comply
with such directions.
14. Appointment and powers of Welfare Commissioner. -- (1) There shall be a
Welfare Commissioner to be appointed by the Board with the previous
approval of the State Government who shall be the principal executive officer
of the Board.
(2) Notwithstanding anything contained in sub-section (1) , the first Welfare
Commissioner shall be appointed by the State Government as soon as practicable
after the passing of this Act for a period not exceeding five years and on such
conditions as the State Government thinks fit.
(3) 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 this purpose he shall
have the power to issue such orders not inconsistent with the provisions of this Act
and rules made thereunder as he deems fit, including any order authenticating and
implementing the decisions taken by the Board under this Act or rules made
thereunder.
15. Appointment of Inspectors.-- (1) The State Government may appoint Inspectors
to inspect records in connection with the sums payable into the Fund.
(2) Any Inspector may--
(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 ; and
(b) exercise such other powers as may be prescribed.
16. Absorption of the existing staff under Labour Commissioner.-- The Board
shall take over and employ such of the existing staff under the control of Labour
Commissioner, 1[Haryana], as the State Government may direct and every
person so taken over and employed shall be subject to the provisions of this Act
and rules made thereunder :
Provided that—
(a) during the period of such employment all matters relating to pay, leave,
retirement, allowances, pensions, provident fund and other conditions of service
of the said staff shall be regulated by the Punjab Civil Service Rules or such other
rules as may from time to time be made by the State Government; and
(b) every such member of the said staff shall have a right of appeal to the State
Government against any order of reduction, dismissal or removal from service,
fine or any other punishment :
Provided further that person so taken over may elect within the prescribed period that
he desires to be governed by the rules made under this Act in respect of conditions of
service of the staff appointed by the Board under this Act, and on his electing to be so
governed the provisions of first proviso shall cease to apply to him.
9
17. Appointment of clerical and other staff by Board.-- The Board shall have power
to appoint the necessary clerical and executive staff to carry out and supervise
the activities financed from the Fund :
Provided that if any appointment is not agreed to by the majority of the total
number of members of the Board, the appointment shall be made by the State
Government :
Provided further that the expenses of the staff thus appointed and other
administrative expenses shall not exceed a prescribed percentage of the
annual income of the Fund.
18. Power of State Government to remove any person on staff of Board.--The State
Government shall have the power to remove any person whom it may deem
unsuitable from the service of the Board.
19. Power of State Government or Authorised Officer to call for records, etc.--The
State Government or any officer authorised by the State Government in this
behalf may call for records of any proceedings which are pending before, or
have been disposed of, by the Board for purpose of satisfying itself or himself, as
the case may be, as to the legality or propriety of such proceedings or of any
order made therein and may pass such orders in relation thereto as the State
Government or such officer may think fit :
Provided that no order adversely affecting any person shall be made under
this section without giving such person a reasonable opportunity of being heard.
20. Mode of recovery of sums payable into Fund, etc.--Any such sums payable intothe
Fund under this Act, shall, without prejudice to any other mode of recovery, be
recoverable on behalf of the Board as an arrear of land revenue.
21. Supersession of Board.-- (1) If the State Government is satisfied that the Board has
made default in performing any duties imposed on it by or under this Act or has
abused its power, the State Government may by notification supersede and
reconstitute the Board in the prescribed manner :
Provided that before issuing such notification, the State Government shall give a
reasonable opportunity to the Board to show cause why it should not be superseded and
shall consider the explanation and objections, if any , of the Board.
(2) After the supersession of the Board and until it is reconstituted, the powers, duties
and functions of the Board shall be exercised or performed by such officer or
officers as the State Government may appoint for this purposes.
1 Substituted by the Haryana Adaptation of Laws Order, 1968.
10
22. Members of the Board, Welfare Commissioner, Inspectors and all officers and
servants of Board to be public servants.-- The members of the Board, including the
Chairperson and Vice-Chairperson4 thereof, the Welfare Commissioner, Inspectors
and all officers and servants of the Board, shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code .
23. Delegation.-- The Board may, by resolution passed by it at a meeting of the Board,
direct that any power or duty which by this Act or by any rule made under this
Act is conferred or imposed upon the Board shall, in such circumstances and
under such conditions, if any, as may be specified in the direction, be exercised or
discharged also by the Welfare Commissioner.
24. Protection of persons acting in good faith.--No suit , prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or
intended to be done under this Act.
25. Exemptions .-- The State Government may by notification and in public interest
exempt any class of establishments from all or any of the provisions of this Act
subject to such conditions, if any, as may be specified in the notification.
26. (X)
1[“26A. Penalty.-- Save as otherwise provided, any person, who contravenes any
of the provisions of this Act or any rule made thereunder or who willfully obstructs
an Inspector in the exercise of his powers or discharge of his duties under this Act
or any rule made thereunder or fails to produce for inspection on demand by an
Inspector any registers, records or other documents maintained in pursuance of
the provisions of this Act or the rules made thereunder or to supply to him on
demand true copies of any such document, shall, on conviction, be punished --
(i) for the first offence, with fine which may extend to five thousand rupees ; but
not less then two thousand rupees”
(ii) for a second or subsequent offences, with imprisonment for a term which may
extend to three months, or with fine which may extend to ten thousand rupees
but not less than three thousand rupees.
26B. Cognizance of offences .--(1) No court inferior to that of a Judicial Magistrate of the
1st Class shall try any offence punishable under this Act.
(2) No court shall take cognizance of any such offence except on a
complaint made by the Inspector.” ]
27. Power to make rules.-- (1) The State Government may, by notification and subject
to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may be made for all or any of the following matters, namely :--
(a) the agency for and the manner of collection of sums specified in sub-
section (3) of section 3; and the period within which the same shall be paid
to the credit of the Fund ;
(b) the manner in which the accounts of the Fund shall be maintained and
audited under sub-section (3) of section 3 ;
1. Sections 26-A and 26-B, inserted by Haryana Government notification No. 9-Leg/78 dated 14th
April, 1978
2. Section 26 omitted by Haryana Act No. 7 of 2007, dated 4th April. 2007.
3. Substituted for the words” five thousand rupees” and“ one thousand rupees” .
4. Substituted for words “Chairman” “Chairperson and Vice-Chairperson” by Haryana Act No. 6 of
2013.
11
(c) the number of representatives of employers, employees and independent
members of the Board and the allowances, if any, payable to the
Chairperson, Vice-Chairperson3 and members thereof ;
(d) the quorum at meetings of the Board and the manner in which it shall
conduct its business ;
(e) the particulars which shall be contained in the notice referred to in
sub-section (3) of section 9, and the other manner of publication of
such notice ;
(f) the procedure for making grants from the Fund under sub-section (3)
of section 10 and the securities in which the Fund may be invested and the
manner of investment ;
(g) the procedure for defraying the expenditure incurred in administering
the Fund ;
(h) the duties and powers of Inspectors and the conditions of service of
the Welfare Commissioner and Inspectors and other staff appointed
under this Act;
(i) the percentage of the annual income of the Fund beyond which the
Board may not spend on the staff and other administrative measures ;
(j) the registers and records to be maintained under this Act and the
form and manner in which they shall be maintained ;
(k) the publication of the report of activities financed from the Fund
together with statement of receipts and expenditures of the Fund and
statement of accounts ; and
(l) any other matter which is to be or may be prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it
is made before 1[State Legislature] while it is in session for a total period of ten days which
may be comprised in one session or in two successive sessions, and if before the expiry of
the session in which it is so laid or the session immediately following, 2[ the Legislative
Assembly agrees] in making any modification in the rule or 2[the Legislative Assembly
agrees] that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
1. The words “each House of” omitted by the Adaptation of Punjab Laws Order, 1970.
2. Substituted for the word “both Houses” by Adaptation of Punjab Laws Order,1970.
3. Substituted for the word “Chairperson, Vice-Chairperson” by Haryana Act No. 6 of
2013.
The Punjab Labour Welfare Fund
Rules, 1966
Sr. No. Contents of Rules Page
No.
1. Short titles. 1
2. Definitions . 1
2. Agency for manner of collecting sums specified in
sub-section (3) of Section 3 and 27 (2) (a)--(1). 1-2
3. Notice for payment of fines and unpaid
accumulations by Welfare Commissioner . Sections 3 (3) and 27 (1). 2
4. Maintenance and Audit of Accounts. Section 3 (3). 2
5. Budget of the Board. Section 27 (1). 2-3
6. Additional Expenditure. Section 27 (1). 3
7. Constitution of the Board. Section 4 (3) and 27 (2) (c). 3
8. Allowances of members. Section 27 (2) (d). 3
9. Meeting of the Board. Sections 8 and 27 (2) (d). 3-4
10. Quorum. Section 8 & 27 (2) (d). 4
11. Adjournment of meetings. 4
12. Mode of exercising votes. Section 8 & 27 (2) (d). 4
13. Minutes of the meeting. Section (27) (2) (d). 4
14. Notice under section 9 (3). Section 9 (3) & 27 (2) (e). 4
15. Application for grant of the Fund. Section 10 (3). 5
16. Mode of Payment. Section 27 (2). 5
17. Investment of Fund. Section 12 & 27 (2) (f). 5
18. Powers of Inspectors. Sections 15 (2) (b) & 27 (2) (h). 5
19. Expenditure on the staff and other administrative.
measures. Section 27 ( 2) (i) . 5
20. Publication of annual report of Board. Section 27 (2) (k). 5
21. Maintenance of register by certain employers. Section 27 (2) (i). 5
22. Form A 6
23. Form B 7
24. Form C 8
1
The Punjab Labour Welfare Fund
Rules, 1966
(Amended upto 7th March,2014)
No. GSR. 82/P. A. 16/65/S. 27/66, dated the 20th April, 1966 :-- With
reference to the Punjab Government notification No. GSR. 228/P. A. 17/65/S.
27/65, dated the 16th September, 1965 and in exercise of the powers
conferred by section 27 of the Punjab Labour Welfare Fund Act, 1965, the
Governor of Punjab is pleased to make the following rules, namely :--
1. Short title - These rules may be called the Punjab Labour Welfare
Fund Rules, 1966.
2. Definitions -- In these rules, 1 [unless the context, otherwise, requires-
(i) ‘Act’ means the Punjab Labour Welfare Fund Act, 1965.
(ii) ‘Form’ means a form appended to these rules.
(iii) ‘Section’ means a section of the Act.
3. Agency for and manner of collecting sums specified in sub-section
(3) of section 3. Section 3 (3) and 27 (2) (a). -- (1) Every employer shall pay in
cash or by money order or by postal order or by demand draft or cheque
drawn on the State Bank of India or any Scheduled Bank duly crossed in
favour of the Welfare Commissioner within thirty days of the
commencement of these rules--
(a) all fines realised from the employees and remaining unutilized on
such commencement ; and
(b) all unpaid accumulations held by the employer on such
commencement.
(2) The employer shall along with such payments submit a Statement to
the Welfare Commissioner giving full particulars of the amounts so paid.
(3) Thereafter all fines realised from the employees and unpaid
accumulations during the quarters, ending the 31st March, the 30th June, the
30th September and the 31st December shall be paid by the employer in the
manner aforesaid to the Board by the 1st May, the 1st August, the 1st
November and the 1st February, succeeding such quarter and a statement
giving particulars of the amounts so paid shall be submitted by him along with
such payment to the Welfare Commissioner.
Substituted by Haryana Government Notification No. G.S.R.165/P.A./17/S.
27/71, dated 13.12.1971.
Section 3(3)
and 27 (2) (a)
2
(4) The receipt of every payment received by the Welfare
Commissioner shall be acknowledged by him in writing to the employer.
(5) All the moneys belonging to the Fund shall be deposited in 1[ any
scheduled Bank] of India.
(6) (i) The Welfare Commissioner shall deposit the Cash, Bank Drafts,
Cheques or postal Orders received from the employers, or any other source
in 1[any scheduled Bank] of India in the Current Accounts / Saving Bank
Accounts/ Fixed Deposit Accounts of the Fund. The grants and subsidies
received from the State Government shall also be deposited by the Welfare
Commissioner into the said accounts ;
(ii) The Welfare Commissioner shall be the competent authority to
operate upon the accounts of the Fund.
4. Notice for payment of fines and unpaid accumulations by Welfare
Commissioner. Sections 3(3)and 27(1).-- The Welfare Commissioner, may
after making such enquires as he may deem fit and after calling for a report
from the Inspector, if necessary, serve a notice on any employer to pay any
portion of fines realised from the employees or unpaid accumulations held by
him which the employer has not paid in accordance with rule 3. The
employer shall comply with the notice within 14 days of the receipt thereof.
5. Maintenance and Audit of Accounts. Section 3 (3).--- The accounts
of the Fund shall be prepared and maintained by the Accounts Officer of the
Board in such manner as may be prescribed by the Board with the approval
of the State Government and shall be audited by the Accountant-General, 2[
Haryana], once a year. The Welfare Commissioner shall be responsible for the
disposal of the Audit Note. A separate Administration Account shall be
maintained.
5. Budget of the Board. Section 27 (1).-- (1) The budget estimates for
each financial year shall be prepared and laid before the Board
on or before 15th October of the previous financial year by the
Welfare Commissioner and, after it is approved by the board shall
be forwarded to the State Government for approval on or before
1st November. The State Government shall approve the Budget
before Ist January after making such amendments and alterations
as it considers necessary.
----------------------------------------------------------------------------------------------------------
1. Substituted by Haryana Government Notification G.S.R./34/P.A.17/65/S.27/74,
dated 31stOctober, 1974.
2. Substituted by Haryana Government Notification G.S.R.165P.A. 17/S.27/71, dated
23rd December, 1971.
Section 3 (3)
and 27 (1)
Section 3(3)
Section
27 (1)
3
Excerpt shown. Open the full act in Lexace.