Section 6B in The Bombay Labour Welfare Fund Act, 1953
6B. [ [Section 6B was inserted by Guj. 29 of 1953, Section 4.]
(1)There shall be paid to the Board for the purposes of this Act, [Contributions] a contribution payable by the employer in respect of an employee in an establishment (hereinafter referred to as "the employer's contribution"), a contribution payable by such employee (hereinafter referred to as "the employee's contribution") a contribution payable by the State Government, as hereinafter provided and every such contribution shall form part of the Fund.(2)[ The amount of employee's contribution shall be payable every six months in respect of every employee whose name stands on the register of the establishment concerned in the month of June, or as the case may be, in the month of December, at the rate of three rupees for each such employee and the amount of employer's contribution shall be payable at every six months at the rate of six rupees for each such employee:Provided that the State Government may, by notification in the Official Gazette increase the said rate of employee's contribution to such amount not exceeding six rupees if it considers necessary so to do to enable the Board to fulfil the objects of this Act:Provided further that where the rate of employee's contribution is so increased by the State Government, the rate of employer's contribution shall be twice the rate of employee's contribution as so increased.] [This sub section was inserted and shall be deemed always to have been inserted by Gujarat 8 of 1963, Section 2.](3)Every employer shall pay to the Board both the employers contribution and the employee's contribution before the 15th day of July, and 15th day of January, every year.(4)Notwithstanding anything contained in sub-sections (2) and (3), the employers contributions and the employee's contribution payable for the first time after the date of the coming into force of the Bombay Labour Welfare Fund (Gujarat Amendments) Act, 1973 (Gujarat 29 of 1973), (hereinafter referred to as "the appointed date") shall be payable before such date, and at the respective rates as aforesaid for every employee whose name stands on the register of the establishment concerned on such date as may be specified by the State Government by notification is the Official Gazette, and such contributions payable next thereafter shall be paid in accordance with the provisions of this Act, irrespective of whether the period of six months as specified in sub-section (2) has been passed or not.(5)Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and the rules made thereunder the employer shall be entitled to recover from any such employee that employees contribution by deductions from has wages, and 'not otherwise; and such deduction shall be deemed to be a deduction authorised by or under the payment of Wages Act, 1936 (IV of 1936):Provided that no such deduction shall be made in excess of the amount of the contribution payable by such employee, nor shall any such deduction except the deduction in respect of the employee's contribution payable for the first time after the appointed date be made from any wages other than the wages for the months of June and December:Provided further, that if through in advertance or otherwise, no deduction has been made from the wages of an employee for the month's 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.(6)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.(7)Any sum duly deducted by an employer from the wages of an employee under this section be deemed to have been entrusted by him by the employee for the purpose of paying the contribution in respect of which it was deducted.(8)An employer shall pay the employer's and the employee's contribution to the Board by cheque, money order or in cash, and he shall bear the expenses of remitting to the Board such contribution.(9)The Welfare Commission 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 for the period to which the statement relates and no 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:Provided that the statement in relation to the employee's contribution payable for the first lime after the appointed date referred to in sub-section (4) shall be submitted as soon as possible after the specified date in relation to that contribution.]
