6. Resignation of office by member and filling up of casual vacancies. - (1) A member may resign his office by giving notice thereof in writing to the State Government, and on such resignation being accepted, shall be deemed to have svacated his office.
(2)A causal vacancy in the office of a member shall be filled up, as soon as covenantally may be, by the authority concerned [***].(3)No act or proceedings of the Board shall be questioned on the ground merely of the existence of any Vacancy in, or any defect in constitution of the Board.[6A. Unpaid accumulations and claims thereto. - (1) All unpaid accumulations shall be deemed to be abandoned property.(2)Any unpaid accumulation paid to the Board in accordance with the provisions of Section 3, shall on such payment, discharge an employer of the liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board; and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section be deemed to be transferred to the Board.(3)As soon as possible after any unpaid accumulation is paid to the Board under sub-section (4) of Section 3 of the Board shall by a public notice call upon interested employees to submit to the Board their claims for any payment due to them.(4)Such public notice shall contain such particulars as may be prescribed and it shall be-(a)affixed on the notice board, or in its absence on a conspicuous part of the premises, of each establishment in which the unpaid accumulations were earned.(b)published in the Official Gazette, and(c)published in any two newspapers in the language commonly understood in the area in which such establishment is situated, and circulating therein or in such other manner as may be prescribed, regard being had to the amount of claim.(5)After the notice is first affixed and published under sub-section (4) it shall be again affixed and published from time to time for a period of [one year] from the date on which it was first affixed and published, in the manner provided in that sub-section in the months of June and December [***].(6)A certificate of the Board to the effect that the provisions of sub-sections (4) and (5) were complied with shall be conclusive evidence thereof.(7)Any claim received, whether in answer to the notices of otherwise within a period of [two years] from the date of the first publication of the notice in respect of such claim, shall be transferred by the Board to the Authority appointed under Section 15 of the Payment of Wages Act, 1936 (IV of 1936), having jurisdiction in the area in which the factory or establishment, is situated, and the Authority shall proceed to adjudicate upon, and decide, such claim. In hearing such claim, the Authority shall have the powers conferred by, and shall follow the procedure (in so far as it is applicable) followed in giving effect to the provisions of that Act.(8)If in deciding any claim under sub-section (7), the Authority allows the whole or part of such claim, it shall declare that the unpaid accumulation in relation to which the claim is made shall to the extent to which the claim is allowed, cease to be abandoned property and shall order the Board to pay to the claimant the amount of the claim is allowed by it; and the Board shall make payment accordingly;Provided that, the Board shall not liable to pay any sum in excess of that paid under sub-section (4) of Section 3 to the Board as unpaid accumulations, in respect of the claim.(9)An appeal shall lie in the City of Ahmedabad to the Court of Small Causes and elsewhere to the District Court against a decision under sub-section (7) rejecting any claim or part thereof, if made within a period of sixty days from the date of such decision.(10)The Board shall comply with any order made in appeal.(11)The decision of the Authority, subject to an appeal as aforesaid, and the decision in appeal of the Court of Small Causes, or as the may be, the District Court, shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any.(12)If no claim is made within the time specified in sub-section (7) or a claim or part thereof has been rejected under the foregoing provisions then the unpaid accumulations in respect of such claim shall accrue to and vest in the State as bona vacantia and shall thereafter without further assurance be deemed to be transferred to, and form part of, the Fund.][(13) Nothing in the foregoing provisions of this section shall apply to unpaid accumulations not already paid to the Board,(a)in respect of which no separate accounts have been maintained so that the unpaid claims of employees are not traceable, or(b)which are proved to have been spent before the sixth day of December 1961, and accordingly such unpaid accumulations shall not be liable to be collected and paid under sub-section (4) of Section 3].[6B. (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.](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.][6C. Interest on unpaid accumulations, fines and contributions after notice of demand. - (1) Where an employer does not pay to the Board any amount of unpaid accumulations or fines released from the employees or any amount of the employer's or, as the case may be, employee's contributions within the time he is required by or under the provisions of this Act to pay such amount, the Welfare Commissioner May cause to be served a notice on such employer to pay to the Board the amount within the period specified therein, which shall not be less than thirty days from the date of service of such notice.(2)Where the employer on whom a notice is served under sub-section (1) fails 'without sufficient cause to pay any such amount within the period specified in the notice, he shall without prejudice to any penalty which may be imposed on him under this Act be liable to pay to the Board simple interest on that amount for the period commencing on the date of expiry of the period specified in the notice and ending on date of the payment of that amount-(a)in respect of the period falling within the first three months after such expiry, at the rate of twelve per cent per annum, and(b)in respect of the other period, at the rate of eighteen per cent per annum.(3)The amount of interest payable to the Board under sub-section (2) shall be collected by the Welfare Commissioner in such manner as may be prescribed :Provided that the Welfare Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the amount of interest in respect of any period.]
