THE BOMBAY LABOUR WELFARE FUND ACT, 1953 (BOMBAY ACT XL OF 1953) AS EXTENDED TO THE UNION TERRITORY OF DELHI :: DELHI LABOUR WELFARE BOARD :: GOVERNMENT OF NCT OF DELHI
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THE BOMBAY LABOUR WELFARE FUND ACT, 1953(BOMBAY ACT XL OF 1953) AS EXTENDED TO THE UNION TERRITORY OF DELHI
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As Extended to The Union Territory of Delhi 1
 

 

An Act to provide for the constitution of a Fund for the financing of activities to promote welfare of labour in the State of Maharashtra for conducting such activities and for certain other purposes.
Whereas it is expedient to constitute a Fund for the financing of activities to promote, welfare of labour in the State of Maharashtra for conducting such activities and for certain other purposes. It is hereby enacted as follows:-
   
 
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1.
Short title, extent and commencement
 
(1)

This Act may be called the Bombay Labour Welfare Fund Act, 1953.

(2)
It extends to the whole of the Union territory of Delhi.
(3)
It shall come into force on such date 2 as the Administrator may, by notification in the Delhi Gazette, appoint in this behalf.
   
 
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2.
In this Act, unless the context otherwise requires:-
 
(1)
"Administrator" means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution.
(1A)

"Board" means for Delhi Labour Welfare Board constituted under section 4;

(1AA)
"contribution" means the sum of money payable to the Board in accordance with the provisions of section 6BB;
(2)
"employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory, or technical in an establishment but does not include any person-
(a)

who is employed mainly in a managerial capacity, or

(b)
who, being employed in a supervisory capacity draw as wages exceeding one thousand and six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office, or by reason of the powers vested in him, functions mainly of a managerial nature;
(3)
"employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes-
(i)

in a factory, any person named under section 7(1)(f) of the Factories-Act, 1948 (LXIII of 1948) as the manager;

(ii)
in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;
(4)
"establishment" means-
(i)

a factory;

(ii)
a tramway or motor omni bus service or a motor transport undertaking to which the Motor Transport Workers Act, 1961 applies; and .
(iii)
any establishment within the meaning of the Delhi Shops and Establishments Act, 1954, which employs, or on any working day during the preceding twelve months, employed five or more persons:

Provided that any such establishment shall continue to be an establishment for the purposes of this Act notwithstanding a reduction in the number of persons to less than five at any subsequent time:

Provided further that, where for a continuos period of not less than three months the number of parsons employed therein has been less than such establishment shall cease to be an establishment for the purposes of this Act with- effect from the beginning of the month following the expiry of the said period of three months, but the employer shall within one-month from the date of such cessation, intimate by registered post the fact thereof to such authority as the Administrator may specify in this behalf:
Explanation.- For the removal of doubt, it is hereby declared that where an establishment has different branches or departments, all such branches or departments whether situated in the same premises or different premises, shall be treated as parts of the same establishment;
(5)
"Factory" means a factory as defined in section 2(m) of the Factories Act, 1948, (LXIII of 1948) and includes any place wherein five or more persons are employed or working, and-
(i)

where in any manufacturing process is being carried on with the aid of power or is ordinarily so carried on;

(ii)
which is deemed to be a factory under section 85 of the said Act;
(6)

"Fund" means the Labour Welfare Fund constituted under section 3;

(7)

"independent member" means a member of the Board who is not connected with the management of any establishment or who is not an employee and includes an officer of Government nominated as a members;

(8)

"Inspector" means an Inspector appointed under section 12;

(9)
"Prescribed" means prescribed by rules made under this Act;
(10)

"unpaid accumulation" means all payments due to the employees but not made to them within a period of three years from the date on which they became the whether before or after the commencement of this Act including the wages, and gratuity legally payable but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Funds Act, 1952 (XIV of 1952);

(11)
"wages" means wages as defined in section 2(vi) of the Payment of Wages Act, 1936 (4 of 1936) and includes bonus payment under the Payment of Bonus Act, 1965 (21 of 1965);
(12)

"Welfare Commissioner" means the Welfare Commissioner appointed under section 11.

   
 
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2A.
Deleted by Maharashtra Act 36 of (1961)
 

 

   
 
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1.

Vide GSR 1286(E) dt. 15.12.1986 as published in GOI Part II 3(i) (E) dt. 15.12.1987.

2. In exercise of the powers conferred by sub-rule (3) of rule 1 of the Delhi Labour Welfare Fund Rules, 1997 the Government of National Capital Territory of Delhi is pleased to notify August 15th, 1998 as the date on which the Delhi Labour Welfare Fund Rues, 1997 shall come into force vide notification No. F. 9(1) /89-DLC (W)/LC/ (i) /677 dt. 14.8.98.