The ORISSA LABOUR WELFARE FUND ACT, 1996

*THE ORISSA LABOUR WELFARE FUND ACT, 1996
(ORISSA ACT 14 OF 2005)
[Received the assent of the President on the 28th November, 2005, first
published in an extraordinary issue of the Orissa Gazette, Dated the 16th
November 2005 (No, 2071)]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A FUND FOR THE
FINANCING OF ACTIVITIES TO PROMOTE WELFARE OF LABOUR IN THE
STATE OF ORISSA AND FOR THE ESTABLISHMENT OF BOARD FOR
CONDUCTING SUCH ACTIVITIES AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO
BE  it enacted by the legislature of the State of Orissa in the Fifty-sixth Year of the
Republic of India as follows:-
1. (1) This Act may be called the Orissa Labour Welfare Fund Act, 2005.
\
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Board” means the Orissa Labour Welfare Board established under
Section 4;
(b) “Employee” means-
(i) any person who is employed for hire or reward to do any
work, skilled or unskilled. ,manual, supervisory, clerical or
technical, in an establishment for a period of thirty days
during the period of twelve months, whether the terms of
employment be expressed or implied, but does not include
any person-
(a) who is employed mainly in a managerial capacity ; or
(b) who, being  employed in a supervisory capacity, 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 : or
(c) who is employed as an apprentice or on part-time basis.
Short title and
commencement.
Definitions.

Explanation- An apprentice means a person who according to the
certified Standing Orders applicable to the establishment is an apprentice
or who is declared to be an apprentice by the authority specified in this
behalf by the Government , and
(ii) any other person employed in any establish ment whom the
Government may notification , declare to be an employee for
the purposes of this Act :
(c) “employer” means any person who employees either di rectly or through
another person either 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 ,any person responsib le to the owner
for the supervision and control of the employees or  for the
payment of wages;
(d) “establishment” means-
(i) a factory as defined in clause (m) of section 2 of the
Factories Act, 1948;
(ii) a motor transport undertaking as defined in clause (g) of
section 2 of the Motor Transport Workers Act, 1961;
(iii) any other establishment as defined in clause (8) of section 2
of the Orissa Shops and Commercial Establishment Act,
1956 and includes a society registered under any law in
force in the State relating to  registration of Societies, and a
charitable or other trust, whether registered 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,
twenty or more persons, but does not include an
establishment, not being a factory, belonging to or under
the control of the Central or any State Government;
(e) “fund” means the Orissa Labour Welfare Fund constituted under section
3:
(f) “Government” means the Government of Orissa :
(g) “Inspector” means an Inspector appointed under section 18:
63 of 1948.
27 of 1961
Orissa Act
30 of 1956.
(h) “Prescribed” means prescribed by rules:
(i) “rules” means the rules made under this Act :
(j) “unpaid accumulations” means all payments due to an employee but not
paid to him within a period of five years from the date  on which they
become 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 t o a provident fund
established under the Employees:” Provident Funds and Miscellaneous
Provisions Act, 1952 and the contribution payable under the Employees
State insurance Act, 1948 :
(k) “Wages” means all remuneration capable of being expressed in terms of
money which would, if the terms of the contract of employment  express
or implied were fulfilled the payable to an employee in respect o f his
employment and work done on such employment and includes bonus
payable under the Payment of Bonus Act,1965 but does not include-
(i) the value of any house accommodation supply of light,
water, medical attendance or any other amenity or any
service excluded from the computation of wages by general
or special order of the Government:
(ii) any contribution paid by the employe r to any pension fund
or provident fund or under any scheme of social insurance;
(iii) any traveling allowance or the value of any traveling
concession:
(iv) any sum paid to the employee to del ay special expenses
entailed on him by the nature of his employment :
(v) any gratuity payable on termination of employment ;
(l) “Welfare Commissioner”  mean the Welfare Commissioner appointed
under Section 17.
3. (1) The Government shall constitute a fund to be called the Orissa Labour
Welfare Fund and, notwithstanding anything con tained in any other law for the time being in
force o r in any contract or instrument, all  unpaid accumulations shall be paid, at such
intervals as may be prescribed, to the Board, and be credited to the fund and the board shall
keep a separate account ther efore until claims thereto have been decided in the manner
provided in Section 8.
(2) There shall also be credited to the Fund-
(a)  unpaid accumulations paid to the Board under section 8 ;
(b)  all fines including the amount realized under Standing Order issued under
the Orissa industrial Employment (Standing Order)  Rules, 1946 from
19 of 1952
34 of 1948.
21 of 1965.
Constitution
of Fund
the employees  by the employers, notwithstanding anything contained in
any agreement between  the employer and the employee ;
(c)  Deduction made under the proviso to sub-section (2) of section 9 of
the payment of wages Act, 1936;
(d) contribution by employers and employees;
(e) any interest by way of penalty paid under section 9;
(f)  any voluntary donations;
(g) any amount raised by the Board from other sources to augment  the
resources of the Board;
(h) any fund transferred under sub-section (6) of section 12 ;
(i) any sum borrowed under Section 13;
(j) grants, subsidies or advances made by the Government;
(k) any money deposited under sub -section (1) of section 8 of the Workmen’s
Compensation Act, 1923 as compensation  in respect of a deceased
workmen where the Commissioner for Workmen’s Compensation is
satisfied after necessary enquiry that no dependant exists, subject however,
to the deductions permissible under the said sub -section, as a lso any
amount remaining undisbursed out of such deposits.
(3) The sums  specified in sub -section(2) shall be paid to, or collected by such
agencies, at such intervals, and in such manner, and the accounts of the fund shall be
maintained and audited in such manner, as may be prescribed.
4. (1) The Government shall, by notification, establish a Board for the whole of the
State of Orissa to be called the Orissa Labour Welfare Board for the purpose of administering
the Fund and to carry on such other functio ns as are assigned to the Board by or under this
Act.
  (2) The Board shall be body corporate by the name of the Orissa Labour Welfa re
Board having perpetual succession and a common seal with power to acquire hold dispose of
property both movable and immovable and shall by the said name, sue and be sued.
(3) The Board shall consist of the Following members, namely:-
(i) Minister, Labour &Employment who shall be the Chairman:
(ii) Secretary to Government, Finance Department, ex officio;
(iii) Secretary to Government, Finance Department, ex officio;
8 of 1923.
Establishm
ent and
functions of
Board
4 of 1936.
(iv) Secretary to Government, Industries Department , ex officio;
(v) Secretary to Government, Welfare Department, ex officio;
(vi) Secretary to Government, Women & Child Development Department, ex
officio;
(vii) Secretary to Government, Panchayati Raj Department, Higher Education
Department, ex officio;
(viii) Secretary to Government, Higher Education Department, ex officio;
(ix) Special Secretary o r, in absence, Additional Secretary to Government,
Planning & Co-ordination Department, ex officio;
(x) Labour Commissioner, Orissa who shall be the Member-Secretary;
(xi) Director of Employment, Orissa, ex officio;
(xii) Director, Employees’ State Insurance Scheme, Orissa ex officio;
(xiii) Representatives of employers and employees in equal proportion, to be
nominated by Government;
(xiv) a woman member, to be nominated by Government.
(4) The members constituting the Board shall be notified in the Gazette.
(5) The term of office of the members, except the Chairman and ex officio
members of the Board shall be three years commencing on th e date on which their names a re
notified under sub-section (4).
(6) The allowances, if any, payable to the members of the Board other then the ex
officio members and the number and conditions of nomination of the representatives of the
employers and employees shall be such as may be prescribed.
5.  ( 1) No person shall be nominated as, or continue  to be, a member under clauses
(xii) and (xiv) of sub-section (3) of section 4 of the Board who-
(a) is a salaried official of the Board : or
(b) is, or at any time has been, adjudged insolvent or has suspended payment of
his debts or has compounded with his creditors ; or
(c) is found to be of unsound mind ; or
(d) is or has been, convicted of any offence involving moral turpitude, unless such
conviction has been set aside ; or
Disqualific
ations and
removal.
(e) is in arrears or any sum due to the Board.
(2) The Government may remove from office any nominated member who-
(a) is, or has become, subject to any of the disqualifications mentioned in sub-
section (1) ; or
(b) is absent without leave of the Board for more than three consecutive meetings
of the Board ;
6.  (1) A nominated member may resign his office by giving notice therof in writing
to the Government and on the resignation being accepted, he shall be deemed to have vacated
his office as such.
(2) A casua l vacancy in the office of a nominated member shall be filled by
nomination of another person from the concerned category and a member so nominated shall
hold office for the unexpired portion of the term of the office of his predecessor.
(3) No act or proceedings of the Board shall be invalid on the ground merely of
the existence of any vacancy in or any defect in the constitution of the Board.
7.  For the purpose of advising the Board in the discharge of its functions and in
particular for carrying into effect any of the matters specified in sub-section (3) of  Section12,
the Board may constitute one or more Committees consisting of at least one member of the
Board and equal number of representative of employees and employers.
8. (1) All unpaid acc umulation shall, subject to other provisions of this section be
deemed to be abandoned property and be transferred to the control and administration of the
Board and shall vest in the Board.
    (2) Any unpaid accumulations transferred to the Board  in ac cordance with the
provisions of this Act shall, on such transfer, discharge an employer of the liability to make
payment to an employee in respect thereof, but to the extent only of the amount transferred to
the Board, and the liability to make payment to the employee to the extent aforesaid shall be
deemed to be transferred to the Board.
(3)  As soon as possible, after the transfer of any unpaid accumulations to the Board,
the Board shall publish a notice, containing such particulars as may be prescribed.
   (4)  Such notice shall be published ordinarily in the months of June and December
of every year for a period of three years from the date of the transfer of the unpaid
accumulations to the Board, in the following manner –
(a) by exhibiting on the notice board  of the establishment in which the unpaid
accumulations were earned ;
(b) by Publishing in the Gazette : and
Resignation
of office by
members
and  filling
up  of
casual
vacancies.
Unpaid
accumulati
ons
transferred
to the fund
and claims
thereto.
Power to
appoint
Committees
(c) by publishing in any two newspapers having wide circulation and in the
language commonly understood, in the area in which  the establishment in which the unpaid
accumulations, were earned, is situated, or in such other manner as may be prescribed, regard
being had to the amount of the claim, and shall invite claims by employees for any payment
due to them.
(5) Where any q uestion arises whether the notice referred to in sub -section (3) was
given publicity as required by sub -section (4). A certificate to that effect given by the Board
shall be conclusive proof of such publication.
(6) Where a claim is received whether in pursuance of the notice aforesaid or
otherwise, within a period of five years from the date of first publication of the notice in
respect of such claim, the Board shall transfer such claim to the authority appointed under
Section 15 of the payment of wa ges Act, 1936 having jurisdiction in the area in which th e
establishment is situated, and the said authority  shall processed to adjudicate upon, and
decide, such claim, and in hearing such claim, the said authority shall have the same powers
conferred by, and follow he same procedure, in so far as it is applicable, laid down by o r
under the provisions of that Act.
  (7) If the said authority, after making the enquiry into the validity of any claim, is
satisfied that any such claim is valid and the employe e is entitled to receive payment, it shall
pass an order directing that the unpaid accumulation or any part thereof in relation to which
the claim is made shall cease to be deemed to be abandoned property and to be transferred to
the Board and that the Boa rd shall pay the whole or such part of the accumulation as the
authority decides to be the property due to the employee, and the Board shall make the
payment accordingly:
     Provided that the Board shall not be liable to pay any sum in excess of that tr ansferred
under sub -section (1) of Section 3 to the Board as unpaid accumulation in respect of the
claim.
(8)  Where a claim for payment is refused by the said authority, the employee shall
have a right of appeal to the Court of the District Judge whic h shall lie within ninety days
from the date of communication of the order of refusal of the said authority, and the Board
shall comply with any order made by the Court in such appeal.
  (9) The decision of the said authority if no appeal is filled, and the decision of the
Court in appeal, where appeal, has been filled, shall be final and conclusive as to the right to
receive payment, as to the liability of the Board to pay and also as to the amount, if any, so
payable.
  (10) Where no claim is made w ithin the time specified in sub -section (6) or a claim
made has been refused as aforesaid by the said authority and no appeal has been filled within
the time allowed for such appeal or an appeal filled has been dismissed by the Court, as the
case may be, 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 enquiry and declaration, be
deemed to be transferred to, and from part of the Fund.
9. (1) If an employer does not pay to the Board any amount of unpaid accumulations,
or fines realized from the employees, within the time specified therefore by or under this Act,
4 of 1936
Interest on
unpaid
accumulations
of lines after
notice of
demand.
the Welfare Commissioner may serve or cause to be served a notice on such employer to pay
the amount within the period specified therein which shall not be less than thirty days from
the date of service of such notice.
    (2) If the employer fails, without sufficient cause, to pay any such amount within
the period specified in the notice, he shal l, in addition to the amount, pay by way of penalty
to the Board simple interest-
(a) for the first three month, at one per centum of the said amount for each
complete month or part thereof after the last date by which he should have paid it according
to the notice , and
(b) for each complete month or part thereof therea fter, at one and half
percentum of that amount during the time he continues to make default in the payment of that
amount.
10. (1) Every employee shall contribute such sum, exceedi ng ten rupees, for every
year and every employer shall, in respect of each employee. Contribute such sum, exceeding
twenty rupees, for every year to the Fund, as may be prescribed.
     (2) Notwithstanding anything contained in any other law for the tim e being in
force, the employer shall be entitled to recover from the employee. The employee’s
contribution by deduction from his wages in such manner as may be prescribed and such
deduction shall be deemed to be a deduction authorized by or under the payme nt of Wages
Act, 1936.
(3) Notwithstanding anything contained in any other law for the time being in
force, any sum payable by the employer as its contribution including the sum recovered by
the employer from the employees under sub-section (2) shall, in case the sum is not deposited
into the fund within a reasonable period of time as may be prescribed be recoverable from the
employer as if it is a claim under Section 15 of the Payment of Wages Act, 1936.
11. The Government may, from time to time,  make grants or advance loans to the
Board to the extent of the Fund available for the purposes of this  Act on such terms and
conditions as the Government may, in each case, determine.
12. (1) The fund shall vest in, and be held and applied by, the Boa rd as trustees
subject to the provisions and for the purposes of this Act.
     (2) The moneys in the Fund shall be utilized by the Board to defray the cost of
carrying out measures which may be specified by the Government from time to time for
promoting the welfare of labour and of their dependants.
     (3) Without prejudice to the generally of the provisions in sub -section (2) the
money in the Fund may be utilized by the Board to defray expenditure on the following :-
(a) Labour Welfare Centre under the  control of the labour & Employment
Department of the Government ;
Vesting and
application
of Fund.
Grants and
advances by
the
Government.
Contribution
to the Fund
by employee
and employer.
4 of 1936.
4 of 1936.
(b) Reading rooms and libraries ;
(c) Games and sports :
(d) Community necessities ;
(e) Excursion, tours and holiday homes ;
(f) Entertainment and other forms or recreation ;
(g) Home industries and subsid iary occupations fo r women and
unemployed persons ;
(h) Corporate activities of social nature ;
(i) Vocational training ;
(j) Convalescent homes for tuberculosis patients ;
(k) Pre-schools ;
(l) Nutritious food to children of employees ;
(m) Construction and maintenance of the labour welfare center buildings ;
(n) Cost of administering this Act including the salaries and allowance of
the staff appointed for the purposes of this Act ;
(o) Medical aid to employees for specialized treatment in deserving cases ;
and
(p) Such other objec ts as would , in the opinion of the Government
improve the standard of living and ameliorate t he 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 in the payment of Wages Act,
1936 or any other law for the time being in force.
  (4) The Board may, with the approval of the Government make a grant out of the
Fund to any employer, any local authority or any other body in aid of any activity for the
welfare of labour, approved by the Government.
   (5) If any question arises whether any particular expenditure is or is  not debatable to
the Fund, the matter shall be referred to the Government, whose decision thereon shall be
final.
4 of 1936
   (6) It shall be lawful for the Board to continue any activity financed fr om the labour
welfare fund of any establishment, if the said fund is duly transferred to the Board.
13. Subject to the other provisions of this Act, the Board may, from time to time with
the previous sanction of the Government and subject to such condi tions as may be specified
by the Government in this behalf, borrow any sum required for the purposes of this Act.
14. (1) All moneys and receipts forming part of the Fund shall be deposited in the
Reserve Bank of India constituted unde r the Reserve Ban k of India Act,  1934 or in the State
Bank of India constituted under the State Bank of India Act, 1955 or any corresponding new
Bank as defined in the Banking companies (Acquisition and Transfer of Undertakings) Act,
1970, or any other scheduled Bank or the State Co-operation Bank or such other Co-operative
Bank as the Government may, by notification , specify, and the Bank account shall be
operated upon by such officers of the Board as may be authorised .
   (2) The accounts of the Board as certified by  the auditor, together with the audit
report thereon shall be forwarded yearly to the Government and the Government may issue
such instructions to the Board in respect thereof as they may deem fit and the Board shall
comply with all  such instructions. A c opy of the accounts of the Board as certified by the
Auditor, together with a copy of the audit report thereon, shall also be laid before the State
Legislature.
15. Where the Fund or any portion thereof can not be utilized within a period of
ninety days for fulfilling the objects of this Act, the Board shall invest the same in any of the
securities specified in clauses (a) to (d) of section 20 of the Indian Trusts Act, 1882 or in
fixed deposited bonds of the State Co -operative Bank or such other Co -operative Bank as the
Government may, by notification specify from time to time, or in such other security as may
be expressly authorized by the Government in this behalf.
16. The Government may give to the Board such direction as in their opinion are
necessary or expedient in connection with the expenditure from the Fund or for carrying out
the purposes of this Act and the rules, and it shall be the duty of the Board to comply with all
such directions.
17. (1) The Board shall, with the previous approval o f  the Government appoint an
officer of the Labour Department of the Government not below the rank of Joint
Commissioner who shall be the Chief Executive Officer of the Board .
          Provided that the first Welfare Commissioner shall be appointed by  the
Government as soon as may practicable after the commencement of this Act, for such period
not exceeding five years, and on such conditions, as the Government may think fit.
     (2) It shall be the duty of the Welfare Commissioner to ensure that the  provisions
of this Act and the rules are duty carried out. And for this purpose, he shall have the power to
issue such orders, not inconsistent with the provisions of this Act or the rules, as he deems fit.
Including any order implementing the decisions of the Board taken under this Act.
18. (1) The Board, with the prior approval of Government may appoint inspectors to
inspect records in connection with the sums payable into the Fund.
Deposits of
Fund and
placing of
accounts and
audit report
before
Government.
Appointment
of Inspectors.
Appointment
and powers
of Welfare
Commission
er.
Directions by
Government
to Board.
Investment of
Fund.
Power of
Board to
borrow.
2 of 1934
23 of 1955
5 of 1970
2 of 1882
      (2) Any inspector may-
(a) with such assistance as he thin ks fit, enter at any reasonable time any
premises for carrying out the provisions of this Act ;
(b) exercise such other powers as may be prescribed ;
(c) make such examination and hold such inquiry, as may be necessary for
ascertaining whether the provisions of the Act have been and are being complied with ;
(d) require the production of any prescribed register and any other document
in possession of the employer in connection with the sums payable to the Fund.
19. The Board shall have power to appoint such officers and staff as it thinks fit to
carry out its functions under this Act and to supervise and control the activities of any ot her
body financed from the Fund;
      Provided that the expenditure on account of the officers and staff so a ppointed and
any other administrative expenses to be incurred by the Board shall but exceed fifteen per
centum of the annual income of the Fund.
20. (1) As soon as may be after the commencement of this Act. The Government may
after consulting the Board direct by general or special order published in the Gazette that
such of the officers and employees serving immediately before the notified date in connection
with the affairs of the State as are specified in the order shall be deputed to the Board on and
with effect from such date and subject to such terms and conditions, if any as may be
specified in the order.
    Provided that no such order shall be issued in respect of any officer or employee without
his consent for such deputation.
  (2) The Office rs and employees so deputed to the Board may permanently be
absorbed in the services of the board provided they give consent to that effect in writing.
   (3) On and with effect from the date the officers and other employees give consent
as aforesaid shall become employees of the board and shall cease to be officers or employees
of the Government;
Provided that the conditions of service as applicable to any such person immediately
before the date specified in the order ma de under sub -section (1) shall not be varied to his
disadvantage.
(4) The mon eys standing to the credit under the provident Fund account of any
officer or employee permanently absorbed in the Board shall stand transferred to and vest in
the Board.
    (5) The Board shall as soo n as may be , constitute, in respect of the moneys
transferred to and vested in it under sub -section (4) a similar fund and may invest the
accumulations under the fund in such securities and subject to such conditions as may be
specified by the Board with the approval of the Government.
Appoint
ment of
officers
and staff
by the
Board.
Deputatio
n of
certain
officers
and staff
to Board.
21. The Government or any officer authorized by them in this behalf, may call for and
examine the records of the Board for the purpose of supervising the working of the Board any
may pass such orders as they or, as the case may be he may think fit.
22. Any sum Payable into the 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:
                  Provided that Government May c onfer power as it may feel expedient so to do on
such officers as it deems fit to realize dues payable to the fund under the provision contained
under section 15 of the Payment of Wages Act, 1936 to the extent the dues are recoverable
from the employer.
23. Any person who willfully obstructs an Inspector in the exercise of his powers or
discharge of his duties under this Act and the rules or falls to produce for inspection on
demand by an inspector any register, record or other document maintained in pur suance of
the provisions of this Act or the rules or to supply to him on demand true copies of any such
document shall, on conviction, be punished,-
(a) for the first offence, with imprisonment for a term which may extend
to three months or with the fine whic h may extend to five hundred
rupees or with both; and
(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
Provided that in the absence of spec ial and adequate reasons to the contrary to be
mentioned in the judgment of the Court in any case where the offenders is sentenced to fine
only, the amount of shall not be less than fifty rupees.
24. ( 1) No Court shall take cognizance of any offence puni shable under this Act
except on a complaint by, or with the previous sanction in writing of the Welfare
Commissioner.
    (2)  No Court interior to that of a Magistrate of First Class shall try any offence
punishable by or under this Act.
25. (1) If the person committing an offence under this Act is a company, every person
who, at the time the offence was committed, was in charge of and was responsible to, the
company for the conduct of the business of the company as well as the company shall be
deemed to be guilty of the offence, and shall be liable to be proceeded against and punished
accordingly:-
Penalty for
obstructing
inspection
or for
failure to
produce
documents,
etc.
Cognizance
of offence
Offences by
Companies.
Mode of
recovery
of sums
payable
to Fund.
Powers of
Governme
nt of
authorised
officer to
call for
records.
4 of 1938.
Provided that nothing contained in this sub -section shall render such person liable to
any punishment provided in this Act, if he proves that the offence w as committed without his
knowledge, or that he exercised all due diligence to prevent the commission of the offence.
     (2) Notwithstanding anything in sub -section (1) where an offence under this Act
has been committed by a company and it is proved that  the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed t o be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation- For the purposes of this section,-
(a) ‘company’ means a body corporate and includes a firm or other
association of individuals; and
(b) ‘director’ in relation to a firm, means a partner in the firm.
26. No court shall take cognizance of an offence punishable by or 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.
27. In regard to any money set apart in any establishment specifically for the
purpose of promoting the welfare of the employees in such establishment, the Board shall
have power-
(i) to require the production of any document in possession of the
employer of  the establishment in connection with such money to
satisfy itself as to whether such money is being applied for such
purposes;
(ii) to call for any such information from the employer of the
establishment as it may deem relevant; and
(iii) to issue such directions to the employer of the establishment as it  may
deem fit for the purpose of utilizing the Fund for promoting the welfare
of the employees in the establishments.
28. Any person who willfully falls to produce any document required by the
Board or to furnish an y  information called for by Board or to comply with any direction
issued by the Board under Section 27 shall, on conviction, be punished with-
(i) for the first offence, with imprisonment for a term which may extend
to three months, or with fine which may ex tend to five hundred rupees,
or with both; and
(ii) for a second or subsequent offence, with imprisonment for a  term
which may extend to six months, or with fine which may extend  one
thousand , or with both; and
Limitation of
prosecution.
Power to
supervise
the welfare
activities of
an
establishm
ent.
Penalty for
non-
compliance
with the
direction of
Board.
Provided that in the absence of special and a dequate reason to the contrary, to be
mentioned in the judgment of the Court, in any case where the offender is sentenced to fine
only, the amount of fine shall not be less than fifty rupees.
29. The Board shall, as soon as may be after the end of each year,  prepare and
submit to the Government before such date and in such form as may be prescribed, a report
giving an account of its activities during the previous year and the report shall also give an
account of the activities, if any, which are likely to be undertaken by the Board in the next
year. A copy of such report shall be laid before the State Legislature.
30. If the Government are of opinion that the Board is unable to perform or has
persistently made default in the performance of the duty imposed on it  by or under this Act or
has exceeded or abused its powers, they may, by notification, reconstitute the Board at any
time notwithstanding anything in sub-section (5) of section 4.
31. (1) The Board may, by general special order in writing, delegate to the We lfare
Commissioner or any other officer of the Board such of its powers and functions under this
Act, except the power to make regulations under section 36, as it may deem necessary, and it
may in like manner withdraw such delegation.
    (2) The exercise of any power delegated under sub -section (1) shall be subject to
such restrictions and conditions as may be specified in the order and also subject to the
control and revision by the Government or by such officers as may be empowered by the
Government in this behalf or, as the case may be, by the Board or such officer as may be
empowered by the Board in this behalf.
    (3) The Government or the Board, as the case may be, shall also have the power
to control and revise the acts and proceedings of any officer so empowered.
32. All officers and employees of the Board shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code, 1860.
33. (1) No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith, done or intended to be done in pursuance of this Act or any
rules or order made thereunder.
  (2) No suit or other legal proceedings shall be against the Government or the
Board for any damage caused or likely to be caused  by anything which is, in good faith, done
or intended to be done in pursuance of this Act or any rules or order made thereunder.
34. (1)  The Government may, by notification, make rules to carry out all or any of
the purposes of this Act.
(2) In part icular and without prejudice to the generally of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
Earlier
reconstituti
on of Board
in certain
cases.
Annual
report.
Delegation
of powers.
Officers and
employees of
Board to be
public
servants.
Protection
of action
taken in
good faith
Powers of
the
Governmen
t to make
rules.
(a) the agency for and the manner of collection of sums referred to 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;
(c) the procedure for making grants out of the Fund;
(d) the procedure for defraying the expenditure incurred in administering the
Fund;
(e) the number of representatives of the employers and employees on the
Board;
(f) the allowances, if any, payable to them under Section 4;
(g) the procedure to be followed at the meetings of the Board and the
manner in which the Board shall conduct its business;
(h) the particulars in the notice regarding unpaid accumulations;
(i) the duties and powers of the Welfare Commissioner and the Inspectors
and the conditions of service of the Welfare Commissioner and the
Inspectors and other staff appointed by the Board under this Act:
(j) the registers and records to be maintained by the Board or its officers and
staff under this Act including the register to be kept separately for the
account of unpaid accumulations;
(k) the publication of the report of the activities of bodies financed from the
Fund together with a statement of receipts and expenditure of the Fund
and statement of accounts;
(l) any other matter which is requited to be , or may be, prescribed.
35. (1) The Board may, by n otifications, make regulations, not inconsistent with this
Act and the rules, for the purposes of this Act.
     (2) In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for:-
(a) all matters expressly re quired or allowed by this Act or the rules, to be
made by regulations;
(b) the terms and the conditions of appointment and service and the scales of
pay of officers and staff of the Board, including the payment of traveling
and daily allowances in respect of journeys under taken by such officers
and staff of the Board;
Power of
Board to
make
regulations.
(c) the supervision and control over the acts and proceedings of the officers
and staff of the Board and the maintenance of discipline and conduct
among the officers and staff of the Board;
(d) the procedure in regard to the transaction of business at the meeting of
the Board including the quorum;
(e) the purpose for which and the manner in which temporary association of
persons may be made;
(f) the duties, the functions, the terms and conditions of service of the
members of the Committee;
(g) the manner and the form relating to the maintenance of the accounts of
the Board;
(3) No regulation or its cancellation or modification shall have effect until the
same has been approved by the Government.
(4) The Government may, by notification, rescind any regulation made under this
section and, thereupon, the regulation shall cases to have effect.

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