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6. Sri Gupta has finally contended that at least so far as those employees who had left the service were concerned, the Commissioner was not justified in calling upon the employers to make contribution to the fund in respect of them. He has called attention to the definition of the word "contribution" in Section 2(c) of the Act which means a contribution payable in respect of a member under a scheme. A member is denned by Section 2(j) to mean a member of the fund. Chapter IV of the scheme deals with membership of the fund. Paragraph 26 relates to classes of employees entitled and required to join the fund. Paragraph 26B says that if any question arises whether an employee is entitled or required to become or continue as a member or as regards the date from which he is so entitled or required to become a member, the decision thereon of the Regional Commissioner or, where a State Commissioner is appointed, of the State Commissioner shall be final. It is, however, provided that no decision shall be given unless both the employer and the employee have been heard. Chapter V deals with contributions. Paragraph 30 provides that the employers shall in the first instance pay both the contribution payable by himself and also on behalf of the member employed by him. According to Para. 32, the amount of a member's contribution paid by the employer shall, notwithstanding the provisions of the scheme, etc., be recoverable by means of deduction from the wages of the member. Chapter VI relates to declaration, contribution cards and returns. Paragraph 33 provides for a declaration by persons already employed at the time of the institution of the fund. Paragraph 34 relates to the declaration by persons taking up employment after the fund has been established. Paragraph 35 provides for preparation of contribution cards. Sri Gupta's submission is that those employees who have left service of the employers during the pre-discovery period could not be regarded to be members of the fund as all the formalities required by the aforesaid provisions contained in Chap. VI were never complied with. It is noteworthy that Para. 26 lays down that every employee shall be entitled and required to become a member of the fund from the beginning of the month following that in which the scheme comes into force if on the date of such coming into force he has completed one year's continuous service or has actually worked for not less than 240 days during a period of twelve months or less in that factory or other establishment or in any other factory or other establishment to which the Act applies under the same employer or partly in one and partly in the other. In view of what has been found by the Commissioner, it was the duty of the employers in all these cases to require those employees who fulfilled the conditions mentioned in Para. 26 to become members of the fund even during the pre-discovery period. For the sake of illustration in the case of Kapur Bhimber Union, those employees whose names according to the return are given in annexure Rule 3 were entitled to be made members of the fund and even though they may have left service prior to 1 June 1963, it does not follow that they could be deprived of the benefits which they could derive from the membership of the fund merely because during the period 1 June 1961 to 31 May 1963 (sic). Sri Gupta says that the employers are not prepared to accept that all those persons, who left service and who, according to the return, fulfilled the qualifications laid down in Para. 26, did, in fact, fulfil those qualifications, but this is a matter which will have, to be decided by the Commissioner in accordance with Para. 26B after giving a hearing to both the employer and the employee when that stage is reached. For the present all that is to be decided is whether the order made by the Commissioner calling upon the employers to make contribution of their share towards the provident fund for the pre-discovery period is illegal or without jurisdiction. For the reasons which have already been stated, it is not possible to accede to the contentions of Sri Gupta.