The West Bengal Labour Welfare Fund Act, 1974

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXVIII of 1974 
THE WEST BENGAL LABOUR WELFARE FUND 
ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 30th August, 1974.] 
[30th August, 1974.] 
An Act to provide for the constitution of a fund for promoting 
activities connected with the welfare of labour in West Bengal and 
for matters connected therewith. 
WHEREAS it is expedient to constitute a fund for promoting activities 
connected with the welfare of labour in West Bengal and for matters 
connected therewith ; 
It is hereby enacted in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the West Bengal Labour Welfare Short title, Fund Act, 1974. 	 extent and 
commence- (2) It extends to the whole of West Bengal. 	 ment. 
(3) This section shall come into force at once and the remaining 
sections shall come into force on such date or dates and in such area or 
areas as the State Government may, by notification in the Official Gezette, appoint and different dates may be appointed for different 
sections or for different areas. 
2. In this Act, unless the context otherwise requires— 	 Definitions. 
(1) "Board" means the WeSt Bengal Labour Welfare Board 
constituted under section 4 ; 
(2) "contribution" means the sum of money payable to the 
Board in accordance with the provisions of section 9; 
(3) "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 but does not include any 
person- 
183 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
(Section 2.) 
(a) who is employed mainly in a managerial capacity, or 
(b) who, being employed in supervisory capacity, draws wages 
exceeding seven hundred and fifty rupees Per mensent or 
exercises, either by the nature of duties attached to the 
office, or by reason of the powers vested in him, functions 
mainly of a managerial nature; 
(4) "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— 
(i) in a factory, any person named under clause (f) of sub-
section (1) of section 7 of the Factories Act, 1948, as the 63 of 1948. 
manager; 
(ii) in any establishment, any person responsible to the owner 
for the supervision and control of the employees or for the 
payment of wages ; 
(5) "establishment" includes— 
(i) a factory, 
(ii) a tramway or motor transport undertaking, and 
(iii) any commercial establishment within the meaning of clause 
(2) of section 2 of the West Bengal Shops and Establish-
ments Act, 1963, which employs, or on any working day 
during the preceding twelve months, employed ten or more 
persons: 
Provided that any such commercial establishment shall continue to 
be an establishment for the purposes of this Act notwithstanding that 
there was a reduction in the number of persons to less than ten at any 
subsequent time: 
Provided further that where for a continuous period of not-less than 
three months the number of persons employed therein has been less 
than ten, such commercial establishment shall cease to be an 
establishment for the purposes of this Act with effect from the 
beginning of the month following the expiry of the said period of three 
months, but the employer shall, within one month from the date of such 
cessation, intimate by registered post the fact thereof to such authority 
as the State Government may specify in this behalf, 
(iv) any other class of establishments which the State 
Government may, after giving three months' notice of its 
intention of so doing, specify by notification in the Official 
Gazette; 
West Ben. Act 
XIII of 1963. 
184 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Section 3.) 
(6) "factory" means a factory as defined in clause (m) of 
63 of 1948. 	 section 2 of the Factories Act, 1948 ; 
(7) "Fund" means the Labour Welfare Fund constituted under 
section 3 
(8) "independent member" means a member of the Board who 
is not connected with the management of any establishment or who is 
not an employee, and includes an officer of Government nominated as 
a member ; 
(9) "Inspector" means an Inspector appointed under section 16; 
(10) "motor transport undertaking" means a motor transport 
undertaking engaged in carrying passengers or goods or both by road 
for hire or reward, and includes a private carrier; 
(1/) "Prescribed" means prescribed by rules made under this 
(12) "unpaid accumulation" means all sums due to the 
employees but not actually paid 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, bonus and gratuity 
but not including the amount of contribution, if any, paid by an 
19 of 1952. 	 employer to a prov ident fund established under the Employees' Provident 
Funds Act, 1952; 
(13) "wages" means wages as defined in clause (vi) of section 4 of 1936. 	 2 of the Payment of Wages Act, 1936, and includes bonus payable 
Act; 
21 of 1965. 
under the Payment of Bonus Act, 1965; 
(14) "Welfare Commissioner" means the Welfare 
Commissioner appointed under section 15; 
(15) "welfare of labour" includes activities mentioned in sub-
section (2) of section 11. 
3. (1) The State Government shall constitute a fund to be called Labour 
the Labour Welfare Fund. 	 Welfare Fund. 
(2) The fund shall consist of— 
(a) all unpaid accumulations paid to the Board at such intervals 
and in such manner as may be prescribed; 
(b) all fines realised from the employees; 
(c) all fines imposed on employers by Courts for contravention 
of the provisions of- 
185 
(i) 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
(Section 4.) 
(i) the Industrial Disputes Act, 1947, 
(ii) the Factories Act, 1948, 
(iii) the Minimum Wages Act, 1948, 
(iv) the Payment of Wages Act, 1936, 
(v) the1ndustrial Employment (Standing Orders) Act, 1946, 
(vi) the West Bengal Shops and Establishments Act, 1963; 
(d) any contribution paid under section 9; 
any penal interest paid under section 10; 
any voluntary donations; 
any fund transferred under sub-section (5) of section 11; 
any loan, grant-in-aid or subsidy paid by the Central or State 
Government or any local authority; 
any sum borrowed under section 12. 
14 of 1947. 
63 of 1948. 
11 of 1948. 
4 of 1936. 
20 of 1946. 
West Ben. Act 
XIII of 1963. 
Board. 
(3) The sums specified in sub-section (2) shall be paid or 
collected by such agencies, at such intervals and in such manner as may 
be prescribed. 
(4) The accounts of the fund shall be maintained and audited in 
such manner as may be prescribed. 
4. (1) The State Government shall, by notification in the Official 
Gazette, constitute for the State of West Bengal a Board to be called 
the West Bengal Labour Welfare Board which shall consist of notmore 
than twenty members appointed by the State Government from amongst 
employers, employees and independent persons including women. 
(2) The members of the Board shall elect one amongst them as 
the Chairman of the Board. 
(3) Save as otherwise expressly provided by this Act, the term 
of office of the members of the Board shall be three years commencing 
on the date on which their names are notified in the Official Gazette. 
(4) The allowances, if any, payable to the members of the Board 
shall be such as may be prescribed. 
(5) The Board shall be a body corporate having perpetual 
succession and a common seal, withpower to acquire, hold and dispose 
of property, both movable and immovable, and shall by the said name 
sue and be sued. 
186 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Sections 5-8.) 
(6) The Board shall conduct its business in such manner as may 
be prescribed. 
5. (1) No person shall be chosen as, or continue to be, a member Disqualifica- 
of the Board who— 	 dons and 
removal. (a) is a salaried official of the Board; or 
(b) is or at any time has been adjudged insolvent; or 
(c) is found to be a lunatic or becomes of unsound mind; or 
(d) is or has been convicted of any offence involving moral 
turpitude; or 
(e) is an employer or the representative of an employer, if the 
	
19 of 1952. 	 employer is a defaulter in paying contribution under the 
Employees' Provident Funds and Family Pension Fund Act, 
	
38 of 1948. 	 1952, or under the Employees' State Insurance Act, 1948. 
(2) The State Government may remove from office any 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 from three consecutive 
meetings of the Board. 
6. (1) A member may resign his office by giving notice, in writing, 
to the State Government, and on such resignation being accepted he 
shall be deemed to have vacated his office. 
(2) A casual vacancy in the office of a member shall be filled up, 
as soon as possible, by the State Government and a member so 
appointed shall hold office for the unexpired portion of the term of 
office of the member whose place he fills. 
(3) No act or proceeding 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 also for carrying into effect any of the matters specified 
in sub-section (2) of section 11, the Board may constitute one or more 
Committees, of which at least one member shall be a member of the 
Board. 
8. (1) Any unpaid accumulation paid to the Board shall, on such 
payment, discharge an employer of his liability to make payment to an 
employee in respect thereof and the liability to make payment to the 
Unpaid 
accumulations 
and claims 
thereto. 
Resignation of 
office by 
members and 
filling up 
casual 
vacancies. 
Power to 
appoint 
Committees. 
187 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
(Section 8.) 
employee to the extent aforesaid shall, subject to the succeeding 
provisions of this section, be deemed to be transferred to the Board. 
(2) As soon as possible after the payment of any unpaid 
accumulation is made to the Board, the Board shall by notice (containing 
such particulars as may be prescribed) exhibited on the notice-board of 
the factory or establishment in which the unpaid accumulation was 
earned and 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 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 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. 
(3) If any question arises whether the notice referred to in sub-
section (2) was given, as required by that sub-section, a certificate of 
the Board that it was so given shall be conclusive. 
(4) 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 claim, the Board shall transfer such 
claim to the authority appointed under section 15 of the Payment of 4 of 1936. 
Wages Act, 1936, having jurisdiction in the area in which the factory 
or establishment is situated, and the authority shall proceed to adjudicate 
upon, and decide, such claim. In hearing such claim, the authority shall 
have the same powers and shall follow the same procedure as far as 
they are applicable, as are conferred by and laid down in the Payment 
of Wages Act, 1936. 
(5) If the authority aforesaid is satisfied that any such claim or 
a portion of it is valid so that the right to receive payment is established, 
it shall order the B oard to pay the amount found due 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 clause (a) of sub-section (2) of section 3 to the Board 
as unpaid accumulations. 
(6) If a claim for payment is refused, the employee shall have 
a right of appeal in Calcutta to the City Civil Court and elsewhere to 
the District Judge and the Board shall comply with any order made in 
appeal. An appeal shall lie within sixty days of the decision of the 
authority. 
188 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Section 9.) 
(7) The decision of the authority subject to the appeal aforesaid' 
and the decision in appeal of the City Civil Court, or, as the case may 
be, of the District Judge 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. 
(8) If no claim is made within the time specified in sub-section 
(4), or a claim has been refused as aforesaid by the authority or in 
appeal by the City Civil Court or the District Judge, as the case may be, 
then the unpaid accumulation in respect of such claim shall vest in the 
State and shall stand transferred to and from part of the fund. 
9. (1) The contribution payable under this Act shall comprise Contributions. 
contrihutiom payable by an employer (hereinafter referred to as "the 
employer's contribution"), contribution payable by an employee 
(hereinafter referred to as "the employee's contribution") and the 
contribution payable by the State Government, and shall be paid to the 
Board and form part of the fund. 
(2) The amount of contribution payable by an employer for 
each such emloyee whose name stands on the register of an 
establishment on the 30th June and the 3 I st December, be 50 paise only 
and the contribution payable by each such employee shall be 50 paise 
payable every six months. 
(3) Every employer shall pay to the Board both the employer's 
contribution of 50 paise and the employee's contribution of 50 paise 
before the 15th day of July and 15th day of January of every year. 
(4) Notwithstanding anything contained in any other law but 
subject to the provisions of this Act and the rules made thereunder, the 
employer shall be entitled to recover from each employee the employee's 
contribution by deduction from his wages and such deduction shall be 
deemed to be a deduction authorised by or under the Payment of Wages 4 of 1936. 	 Act, 1936: 
Provided that no such deduction shall be made from the wages of 
an employee other than the wages for the months of June and December 
of every year: 
Provided further that if through inadvertence or otherwise no 
deduction is made from the wages of an employee for the months 
aforesaid, such deduction may be made for any subsequent month or 
months with the permission in writing of the Inspector. 
189 
The West engal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
Interest on 
unpaid 
accumulations 
or fines or 
contributions 
after notice of 
demand. 
Vesting and 
application of 
fund. 
(Sections 10,11.) 
(5) Notwithstanding any contract to the contrary no employer 
shall deduct the employer's contribution from the wages payable to an 
employee or otherwise recover it from such employee. 
(6) An employer shall pay the employer's and employee's 
contribution to the Board by cheque or money order or in cash and shall 
bear the expenses of remitting to the Board such contributions. 
(7) The Welfare Commissioner shall submit to the State 
Government as soon as possible after the end of July and January every 
year in the prescribed form a statement showing the total amount of the 
employer's contribution in respect of each establishment. On receiept 
of the statement from the Welfare Commissioner, the State Government 
shall pay to the Board a contribution of an amount equal to the 
employer's contribution in respect of that establishment. 
10. (1) If an employer does not pay to the Board any amount of 
unpaid accumulation or fine realised from an employee or the amount 
of employer's or employee's contributions under section 9, within the 
due time the Welfare Commissioner may cause to be served a notice 
on such employer to pay the amount within such time as may be 
mentioned in the notice. 
(2) If the employer fails without sufficient cause to pay such 
amount within the period specified in the notice, he shall, in addition 
to that amount, pay to the Board simple interest— 
(a) for the first three months at one per cent. of the said amount 
for each complete month after the last date by which he 
should have paid it according to the notice, and 
(b) at one and half per cent. of that amount for each complete 
month thereafter: 
Provided that the Welfare Commissioner may, subject to such 
conditions as may be prescribed, remit the whole or any part of penalty 
in respect of any period. 
11. (1) The fund shall vest in the Board as Trustees and shall be 
applied for promoting any of the activities connected with the welfare 
of labour referred to in sub-section (2). 
(2) Without prejudice to the generality of powers in this behalf 
the fund may be applied by the Board in connection with the following 
activities, namely :— 
(a) community and social education centres including reading 
rooms and libraries, 
190 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Sections 12-14.) 
(b) games and sports, 
(c) excursions, tours and holiday homes, 
(d) entertainment and other forms of recreations, 
home industries and subsidiary occupations for women and 
unemployed persons, 
corporate activities of social nature, 
cost of administering the Act including the salaries and 
allowances of the staff appointed for the purposes of this 
Act, and 
(h) such other objects as would in the opinion of the State 
Government improve the standard of living ameliorate the 
social conditions of labour: 
Provided that the fund shall not be applied in financing any activity 
which the employer is required under any law for the time being in 
force to carry out. 
(3) The Board may, with the approval of the State Government, 
make a grant out of the fund to any employer, any local authority or any 
other body in aid of any activity for welfare of labour. 
(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 thereon shall be 
final. 
(e) 
(g) 
(5) It shall be lawful for the Board to continue any activity 
financed from the labour welfare fund of any establishment, if the said 
fund is duly transferred to the Board. 
12. The Board may from time to time with the previous sanction of 
the State Government and subject to such conditions as may be 
specified in this behalf borrow any sum required for the purposes of 
this Act. 
13. If the fund or any portion thereof cannot be applied at an early 
date for carrying out any of the activities referred to in this Act, the 
Board shall invest the same in any of the securities specified in clauses 
2 of 1882. 	 (a) to (d) and (f) of section 20 of the Indian Trusts Act, 1882. 
14. 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 any of the purposes of this Act. It shall 
be the duty of the Board to comply with such directions. 
Power of 
Board to 
borrow. 
Investment of 
fund. 
Directions by 
the State 
Government to 
the Board. 
191 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
Appointment 
and powers of 
Welfare Com-
missioner. 
Appointment 
of Inspectors 
and their 
powers. 
Absorption of 
the existing 
staff of Labour 
Commissioner. 
(Sections 15-17.) 
15. (1) There shall be a Welfare Commissioner to be appointed by 
the State Government subject to such terms and conditions of his 
service as may be prescribed. 
(2) The Welfare Commissioner shall be the principal executive 
officer of the Board. 
(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 the rules 
made thereunder as he deems fit including any order implementing the 
decisions taken by the Board under this Act or the rules made 
thereunder. 
16. (1) The State Government may appoint Inspectors for carrying 
out the purposes of this Act. 
(2) The terms and conditions of service of such Inspectors shall 
be such as may be prescribed. 
(3) Any Inspector may— 
(a) with such assistants, if any, as he considers necessary being 
persons in the service of the Government, enter at all 
reasonable hours any premises or place for inspecting any 
records, registers, documents and notices required to be 
maintained and kept under this Act or the rules made 
thereunder and require the production thereof for inspection 
and for taking copies, if necessary, and 
(b) exercise such other powers as may be prescribed. 
17. The Board shall take over and employ such of the existing staff 
under the control of the Labour Commissioner, West Bengal, as the 
State Government may direct and every person so taken over and 
employed shall be subject to the provisions of this Act and the rules 
made thereunder: 
Provided that— 
(a) during the period of such employment all matters relating to 
pay, leave, allowances, pensions, provident fund and all 
other conditions of service of the said staff shall be regulated 
by the rules of the State Government for the time being in 
force or such other rules as may from time to time be made 
by the State Government; 
(b) every person so taken over shall have a right of appeal to the 
State Government against any order of reduction, dismissal 
192 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Sections 18-21.) 
orremoval from service or fi ne or any other penalty imposed 
by the Board: 
Provided further that any person so taken over may elect within the 
prescribed period that he desires to be governed by the regulations 
made under this Act in respect of the conditions of service of the staff 
appointed by the Board under this Act and on his electing to do so the 
provisions of the first proviso shall cease to apply to him. 
18. (1) The Board shall appoint such number of officers and other 
employees as may be necessary for carrying out its functions under this 
Act. 
(2) The Board shall, with the approval of the State Government, 
make regulations regarding the method of recruitment, pay and 
allowances, and all other conditions of service of the members of its 
staff appointed under this section: 
Provided that until regulations are so made, the conditions of 
service of such staff shall be governed by the rules made by the State 
Government in this behalf. 
19. The State Government or any officer authorised by the State 
Government in this behalf may call for the records of the Board, inspect 
the same and supervise the working of the Board. 
20. Any sum payable to the Board or into the fund under this Act 
shall, without prejudice to any other mode of recovery, be recoverable 
as an arrear of land revenue. 
21. (1) Any person who wilfully obstructs an Inspector in the 
exercise of his powers or discharge of his duties under this Act 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 documents, shall, on conviction, be punished— 
(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 
(b) for a second or subsequent offences, with imprisonment for 
a term which may extend to six months, or with fine which 
may extend to one thousand rupees, or with both: 
Appointment 
of staff by 
Board. 
Power of State 
Government or 
authorised 
officer to call 
for records, etc. 
Mode of 
recovery of 
sums payable 
to the Board, 
etc. 
Penalties. 
193 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act 
(Sections 22-24.) 
Provisions 
relating to 
jurisdiction. 
Supersession 
of Board. 
Rules. 
Provided that in any case where the offender is sentenced to fine 
only, the amount of fine shall not be less than fifty rupees. 
(2) If any employer— 
(a) fails to pay any contribution which under this Act, he is 
liable to pay, or 
(b) is guilty of any contravention of or non-compliance with 
any of the requirements of this Act or the rules made 
thereunder, in respect of which no penalty is provided, • 
he shall be punishable with imprisonment for a term which may extend 
to one year or with fine which may extend to two thousand rupees or 
with both. 
22. (1) No Court inferior to that of a Presidency Magistrate or a 
Magistrate of the first class shall try any offence punishable under 
section 21. 
(2) No prosecution for such offence shall be instituted except 
by an Inspector with the previous sanction of the Welfare Commissioner. 
(3) No Court shall take cognizance of such offence, unless 
complaint thereof is made within six months of the date on which the 
offence is alleged to have been committed. 
23. (/) If the State Government is satisfied that the Board has made 
default in performing any of the duties imposed on it by or under this 
Act or has abused its power, the State Government may, by notification 
in the Official Gazette, supersede the Board: 
Provided that before issuing the notification under this sub-section, 
the State Government shall give a reasonable opportunity to the Board 
to show cause why it shall not be superseded and shall consider the 
explanation, 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 under this 
Act shall be exercised or performed by such officer or officers, as the 
State Government may appoint for this purpose. 
24. (1) The State Government may, by notification in the Official 
Gazette and subject to the condition of previous publication, make 
rules for carrying 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 :- 
194 
The West Bengal Labour Welfare Fund Act, 1974. 
XXXVIII of 1974.] 
(Section 24) 
(a) the intervals at which or the period within which any of the 
sums referred to in section 3 shall be paid to the fund, the 
manner of making such payment and the agency for paying 
or collecting any such sum ; 
(b) the manner in which the accounts of the fund shall be 
maintained and audited under sub-section (4) of section 3; 
(c) the procedure for defraying expenditure out of the fund; 
(d) The allowances, payable to the members of the Board under 
sub-section (4) of section 4; 
(e) the manner referred to in sub-section (6) of section 4 in 
which the Board shall conduct its business; 
(f) the particulars to be contained in the notice and the other 
mannner in which such notice is to be displayed under sub-
section (2) of section 8; 
(g) the form for submission of statement under sub-section (7) 
of section 9; 
(h) the condition subject to which penalty may be remitted 
under the proviso to sub-section (2) of section 10; 
(0 the terms and conditions of service of the Welfare 
Commissioner referred to in sub-section (1) of section 
15; 
(I) the terms and conditions of service of the Inspectors and 
their powers referred to in section 16; 
(k) delegation of powers and functions of the Board to the 
Welfare Commissioner and the conditions and limitations 
subject to which such powers may be exercised or functions 
discharged; 
the registers and records to be maintained and returns to be 
sent to the State Government by the Board under this Act; 
(ln) the publication of the report of the activities financed from 
the fund together with a statement of receipts and expenditure 
of the fund and a statement of accounts; 
(n) any other matter which under this Act is required to be or 
may be prescribed. 
195 
The West Bengal Labour Welfare Fund Act, 1974. 
[West Ben. Act XXXVIII of 1974.] 
Members of 
Board, Welfare 
Commissioner, 
Inspectors and 
all officers and 
employees of 
Board to be 
public servants. 
(Sections 25-28.) 
25. The members of the Board, the Welfare Commissioner, the 
Inspectors and all other officers and other employees of the Board shall 
be deemed to be public servants within the meaning of section 21 of the 
Indian Penal Code. 
Act 45 of 
1860. 
26. 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. 
Exemptions. 	 27. The State Government may, by notification in the Official 
Gazette, exempt any class of establishments from all or any of the 
provisions of this Act subject to such conditions as may be specified 
in the notification. 
28. In section 8 of the Payment of Wages Act, 1936, in its application 
to West Bengal, to sub-section (8), the following proviso shall be 
added before the Explanation, namely:-.-- 
"Provided that in the case of any establishment to which the West 
Bengal Labour Welfare Fund Act, 1974, applies, all such realisations 
shall be paid into the fund constituted under the said Act.". 
Protection to 
persons acting 
in good faith. 
Amendment of 
section 8 of 
Act 4 of 1936. 
196 

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