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State of West Bengal - Section

Section 9 in The West Bengal Labour Welfare Fund Act, 1974

9. Contributions.

(1)The contribution payable under this Act shall comprise contribution 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)[ For each employee whose name stands on the register of an establishment, -
(a)the employer's contribution shall be two rupees, and
(b)the employee's contribution shall be one rupee, both payable every six months ending on the thirtieth day of June, and the thirty-first day of December, each year.]
(3)[ Every employer shall pay to the Board both the employer's contribution and the employee's contribution before the 15th day of July and the 15th day of January of every year.] [[Sub-Section (3) substituted by W.B. Act 23 of 1980, which was earlier as under:-'(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 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.
(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 a statement of the total receipts along with such other information as may be prescribed. On receipt of such statement, the State Government shall pay to the Board a contribution of an amount equal to the employers' contribution for every six months ending on the thirtieth June and the thirty-first December.] [[Sub-Section (7) substituted by W.B. Act 23 of 1980, which was earlier as under:-'(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 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.'.]]