Dear sir
Suddenly Bombay labour welfare officer visited out company from pune, and checked all our register and muster roll, bonus paid detail, number of workers and inform to us
we should pay contribution one employee 75 paisa for last 5 years who is registered in muster on 30, jun & 31, Dec respectively.
And one more thing, we should register in Bombay labor welfare fund .and 2% panelty also payable.
I never heard about this rule and contribution 75 paisa and registration of BLWF.
Our CA or any other company didn't suggest this. so we didn't know.
I think is it so unfair.. Without proper notice & information or extenuation period, they come and say pay panelty.
if yes, have you heard about this ? and is it cmpulsory activity?
Dear Sir,
It is a compulsory activity. Under Section 6BB of BLWF 1953 :-
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Contributions
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(1)
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The contribution payable under this Act in respect of an employee in an establishment shall comprise contribution, payable by the employers (here-in-after referred to as 'the employers contribution') contribution payable by such employee (here-in-after referred to as 'the employee's contribution') and the contribution payable by the Administrator and shall be paid to the Board and form part of the Fund.
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(2)
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The amount of contribution payable every six months in respect of every employee shall be 75 paise, only if the name of such employee stands on the register of an establishment on 30th June and 31st December, respectively; and in respect of an employer for each such employee shall be 225 paise payable every six months.
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(3)
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Every employer shall pay to the Board both the employer's contribution of 225 paise and the employee's contribution of 75 paise, before the 15th day of July and 15th day of January.
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(4)
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Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and any rules, the employer shall in the case of any such employee be entitled to recover from the employee that employee's contribution by deduction from his wages, and not otherwise; and such deduction shall be deemed to be a deduction authorised by or under the Payment of Wages Act, 1936 (4 of 1936).
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Provided that, no such deduction shall be made in excess of the amount of the contribution payable by such employee, not shall be made from any wages other than the wages for the months of June and December.
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Provided further that, if through inadvertance or otherwise, no deduction has been made from the wages of an employee for the months aforesaid, such deduction may be made from the wages of such employee for any subsequent months or months with the permission in writing of the Inspector appointed under this Act.
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(5)
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Notwithstanding any contract to the contrary, no employer shall deduct the employer's contribution from any wages payable to an employee or otherwise recover it from the employee.
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(6)
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Any sum duly deducted by an employer from the wages of an employee under this section shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted.
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(7)
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An employer shall may the employer's and the employee's contribution to the Board by check, money order or in cash, and he shall bear the expenses of remitting to the Board such contributions.
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(8)
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The Welfare Commissioner shall submit to the Administrator 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 employee's contribution and the employees' contribution in respect of employees in each establishment. On receipt of the statement from the Welfare Commissioner the Administrator shall pay to the Board, a contribution of an amount equal to twice the employees contribution in respect of that establishment.
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