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State of Madhya Pradesh - Section

Section 9 in The M.P. Shram Kalyan Nidhi Adhiniyam, 1982

9. Contribution.

(1)The contribution payable under this Act in respect of an employee in an establishment shall consist of the contribution payable by the employer (hereinafter referred to as the employer's contribution) the 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)If the name of the employee stands on the register of an establishment on 30th June and 31st December respectively, the amount of contribution payable every six months by every employee shall be [one rupee] [Substituted by M.P. Act No. 11 of 1996.], only and by an employer for each such employee shall be [three rupees] [Substituted by M.P. Act No. 11 of 1996.] payable every six months :[Provided that the employer's contribution payable every sue months shall not be less than one hundred and fifty rupees.] [Inserted by M.P. Act No. 11 of 1996.]
(3)[ Subject to the provision of sub-section (2), every employer shall pay to the Board both the employer's contribution and the employee's contribution every year before the 15th day of July and 15th day of January] [Substituted by M.P. Act No. 39 of 1997.],
(4)Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of this Act and the rules made thereunder, the employer shall be entitled to recover from the employee the 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 (No. 4 of 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 month of June and December;Provided further that, if through inadvertence or for unavoidable circumstances to be recorded in writing 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 employees for any subsequent month or months after intimation in writing to the Inspector.
(5)Notwithstanding any contract to the contrary, no employer shall deduct the employer's contribution from 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 employee's contributions to the Board by cheque, Bank Draft, money order or in cash, and shall himself bear the expenses of remitting such contributions to the Board.
(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 in respect of his establishment. On receipt 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.
(9)[ Notwithstanding anything contained in the above sub-sections, the State Government may revise the rate of contribution payable by the employee and the employer by notification subject to the condition of previous publication.] [Inserted by M.P. Act No. 11 of 1996.]