Section 6BB in The Maharashtra Labour Welfare Fund Act, 1953
6BB. [ Contributions. [Section 6BB was inserted by Maharashtra 16 of 1971, Section 5.]
(1)The contribution payable under this Act in respect of an employee in an establishment shall comprise contribution payable by the employer (hereinafter referred to as "the employer's contribution") contribution payable by such 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 from part of the Fund.] [ Sub-section (6) was substituted for the original sub-sections (6) and (7) by Maharashtra 36 of 1961, Section 8(c).](2)[ The amount of contribution payable every six months in respect of every employee and an employer for each such employee shall be at the following rates, namely-(a)(i)in respect of an employee drawing wages upto and inclusive of[three thousand rupees per mensem, six rupees] and(ii)in respect of an employee drawing wages exceeding These words were substituted for the words 'one thousand rupees per mensem, two rupees by Maharashtra 24 of 2003, Section 4(a)(i)(B).[three thousand rupees per mensem, twelve rupees]only if the name of such employee stands on the register of an establishment on the 30th June and 31st December respectively;[Provided that, the State Government, may, on receipt of a proposal from the Board, by notification in the Official Gazette, increase once in every three years, the rate of employee's contribution so, however that, such increase shall not exceed 30 per cent, of the rates of contribution.] [This proviso was added by Maharashtra 24 of 2003, Section 4(a)(ii) (w.e.f. 7-1-2003).][(b) in respect of an employer for each employee referred to in sub-clauses (i) and (ii) of clause (a) thrice the amount of contribution payable by an employee.] [[Clause (b) was substituted by Maharashtra 24 of 2003Section 4(a)(iii) (w.e.f. 31-12-2000). Substituted Clause (b) reads as follows-(b)in respect of an employer -(i)for each such employee referred to in sub-clause (i) of clause (a), three rupees; and(ii)for each such employee referred to LI sub-clause (ii) of clause (a), six rupees:Provided that, the State Government may, by notification in the Official Gazette, from time to time, increase the rate of employee's contribution to such amount not exceeding in the aggregate -(i)in respect of an employee referred to in sub-clause (i) of clause (a), one rupee and fifty paise; and(ii)in respect of an employee referred to In sub-clause (ii) of clause (a), three rupees;if It considers necessary to do so to enable the Board to fulfil the objects of this Act:Provided further that, where the rate of employee's contribution is so increased, the rate of employer's contribution shall be thrice the rate of employee's contribution as so increased.]](3)Every employer shall pay to the Board both the employer's contribution and the employee's contribution in accordance with the provisions of sub-section (2) before the 15th day of July and 15th day of January, as the case may be.](4)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:Provided that, no such deduction shall be made in excess of the amount of the contribution payable by such employee, nor shall it be made from any wages other than the wages for the months of June and December:Provided further that, if through inadvertance of 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 month or months with the permission in writing of the Inspector appointed under this Act.(5)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.(6)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.(7)An employer shall pay the employer's and the employees' contribution to the Board by cheque, money-order or in cash, and he shall bear the expenses of remitting to the Board such contributions.(8)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 and the employees' contribution in respect of employees in each establishment] [These words were substituted for the words 'the employer's contribution in respect of his establishment' by Maharashtra 2 of 1978, Section 2(3)(a).]. On receipt of the statement from the Welfare Commissioner, the State Government shall pay to the Board a contribution of [an amount equal to half the employee's contribution for the period from the 31st December, 2000 to the 31st March, 2003; and an amount equal to twice the employees' contribution with effect from the 1st April, 2003, in respect of every employee referred to in sub-clauses (i) and (ii) of clause (a) of sub-section (2).] [[This portion was substituted by Maharashtra 24 of 2003, Section 4(b) (w.e.f. 31-12-2000).Before substitution portion reads as follows-an amount equal to twice the employees' contribution in respect of that establishment, subject to a maximum of two rupees, or as the case may be, four rupees in respect of every employee referred to in sub-clauses (i) and (ii) of clause (a) of sub-section (2), respectively.]]
