In exercise of the powers conferred by
Section 19 of the Bombay Labour Welfare Fund Act, 1953 (Bombay Act No. XL of
1953) as extended to the National Capital Territory of Delhi, the Lt. Governor
of the National Capital Territory of Delhi, after previous publication, is
pleased to make the following rules, namely: (1)
These
rules may be called the Delhi Labour Welfare Fund Rules, 1997. (2)
They
extend to the whole of the National Capital Territory of Delhi. (3)
They
shall come into force from a date to be notified by the Government of the
National Capital Territory of Delhi. In these rules, unless there is anything
repugnant in the subject or context. (a)
"Act"
means the Bombay Labour Welfare Fund Act, 1953, (Bombay Act No. XL of 1953) as
extended to the National Capital Territory of Delhi. (b)
"establishment
register" means in relation to (i)
a
factory, a register of adult workers or a register of child workers maintained
under section 62 or section 73 respectively, of the Factories Act, 1948 (Act
No. LXIII of 1948); (ii)
any
other establishment, a register of employment maintained under the Delhi Shops
and Establishment rules, 1954 : Provided that where any establishment is not
required to maintain such register, any other register in which names of
workers of the establishment employed every day or every month of the year are
ordinarily shown; (c)
"Form"
means a form appended to these Rules; (d)
"Government"
means the Government of National Capital Territory of Delhi; (e)
"Lt.
Governor" means the Lt. Governor of National Capital Territory of Delhi
appointed by the President under article 239 read with article 239AA of the
Constitution. (f)
"section"
means a section of the Act. (g)
Words
and expressions not defined in these Rules shall have the meanings assigned to
them under the Act. (1)
Within
three months from the date on which these rules shall come into force in the National
Capital Territory of Delhi, every employer in such territory shall pay by
cheque, money order or cash to the Welfare Commissioner. (a)
all
fines realised from the employees before the said date and remaining unutilised
on that date and; (b)
all
unpaid accumulations held by the employer on the aforesaid date; (2)
The
employer shall along with such payment submit a statement to the Welfare
Commissioner giving full particulars of the amounts so paid; (3)
Thereafter,
all fines realised from the employers and all unpaid accumulations during the
quarters ending the 31st March , the 30th June, the 30th September and the 31st
December shall be paid by the employer in the manner aforesaid to the Welfare
Commissioner on or before the 15th of April, the 15th of July, the 15th of
October and the 15th of January succeeding such quarter and a statement giving
particulars of me amounts so paid shall be submitted by him along with such
payment to the Welfare Commissioner. (4)
Every
employer shall submit to the Welfare Commissioner on or before the 31st day of
July and 31st day of January, a statement of employer's contribution and the
employees contribution in respect of employees whose names stand on the
establishment register on the 30th June, and me 31st December, respectively in Form
'A'. (5)
The
Welfare Commissioner shall submit to the Lt. Governor not later man the 31st
August, and me 28th February, respectively, a statement of employers'
contribution received by him on the 30m June, and 31st December, respectively,
in form 'B'. The Welfare Commissioner may, after making
such enquiries as he may deem fit, and after calling for a report from the
Inspector, if necessary, serve a notice on any employer to pay any portion of
fines realised from the employees or unpaid accumulations held by him me which
employer has not paid in accordance with rule 3. The employer shall comply with
the notice within fourteen days of the receipt thereof. The notice referred to in sub section (3) of
section 6-A shall contain the following particulars namely: (a)
Name
and addresses of the factory or establishment in which the unpaid accumulations
were earned; (b)
Wage
period during which the unpaid accumulations were earned; (c)
Amount
of the unpaid accumulations; (d)
A
declaration that a list containing the names of employees and the amount due to
them and paid to the Board has been pasted on the notice board of the factory
or establishment in which the unpaid accumulations were earned. (1)
Application
for remission of penalty shall be made to the Welfare Commissioner within sixty
days form the date of payment of penalty, and shall clearly specify the grounds
on which the remission is claimed. (2)
Where
the Welfare Commissioner is satisfied that penalty imposed is likely to cause
undue hardship to the employer concerned or that the employer has suffered
financially on account of riots, war or through natural calamities or that
delay caused in the payment of unpaid accumulations or fines was due to
circumstances beyond his control, the Welfare Commissioner may remit in part or
whole the penalty payable under sub-section (2) of section 6-B : Provided that if the amount of penalty to be
remitted exceeds five hundred rupees, the remission shall not be made without
the prior sanction of the Board. The accounts of the funds shall be prepared
and maintained by the Accounts Officers of the Board in Form 'C' and shall be
audited by the Pay and Accounts Officer to be deputed by the Director of Audit,
of the Government once a year. The Welfare Commissioner shall be responsible
for the disposal of the audit note. (1)
The
budget estimates for each financial year shall be prepared and laid before the
Board on or before the 1st day of December of the previous financial year and,
after it is approved by the Board , shall be forwarded to the Lt. Governor for
approval on or before the 15th December. The Lt. Governor shall approve the
budget before the 15th January after making such amendments and alterations as
he considers necessary. (2)
The
budget, thus amended or altered and approved shall constitute the budget of the
Board for the ensuing financial year and shall be issued under the seal of the
Board and signed by the Officer or Officers of the Board duly authorised in
this behalf. An authenticated copy of the budget shall be forwarded to the Lt.
Governor, before the 28th February. If during the course of the financial year,
it becomes necessary to incur expenditure over and above the provision made in
the budget, the Board shall immediately submit to the Lt. Governor the details
of the proposed expenditure, and specify the manner in which it is proposed to
meet the additional expenditure. The Lt. Governor may either approve the
proposed expenditure after making such modifications as he considers necessary
or reject it. A copy of the order passed by the Lt. Governor on every such
proposal to incur additional expenditure shall be communicated to the Board and
the auditor, if any, appointed by the Lt. Governor. Any employer, local authority or any other
body, may make an application to the Welfare Commissioner for a grant under
section 7(3) of the Act. Such application shall be placed by the Welfare
Commissioner before the Board within a month of its receipt with his remarks,
and the recommendations of the Board shall be forwarded to the Lt. Governor by
the Welfare Commissioner for obtaining the approval of the Lt. Governor. All payments from the Fund amounting to : (a)
less
than five hundred rupees may be made in cash; and (b)
five
hundred rupees or more shall be made by cheque issued by the Welfare
Commissioner: Provided that the Board may, in any
particular case for special reasons, authorise such payment also in cash. The Boards shall consist of 12 members
including the Chairman, out of which three shall be the representatives of
employers and employees each, three women representatives and two
representatives shall be independent members. The members of the Board shall hold their
offices in an honorary capacity. Such members shall be eligible for conveyance
allowance and to travelling and daily allowances for attending each meeting of
the Board at the I as admissible to a non-official member as laid down in the
Government of India's orders issued on the subject from time to time. The members of the Committee constituted
under Section 6-AA shall be eligible to conveyance allowance and to travelling
and daily allowances for attending such meeting of the Board at the rate as
admissible to non-official member as laid down in Government of India's orders
issued on the subject from time to time. (1)
The
Board shall meet at least once every quarter and as often as may be necessary. (2)
All
members of the Board shall be given seven clear days' notice of a meeting
specifying the date and time and place of the meeting and business to be
transacted thereat : Provided that seven clear days' notice shall
not be necessary where in the opinion of the Chairman, business of an emergent
nature has to be transacted. The number of members necessary to constitute
a quorum at a meeting of the Board shall be seven including the Chairman. Every meeting of the Board shall be presided
over by the Chairman or if the Chairman is, for any reason, unable to attend
it, by such one of the members present as may be chosen by the meeting to be
the Chairman for the occasion. If there is no quorum, as laid down in rule
16, the Chairman, shall, after waiting for thirty minutes after expiration of
the appointed hour, adjourn the meeting to such hour on some other future day
as he may reasonably fix. A notice of such adjourned meeting shall be sent to
every member of the Board and the business which would have been brought before
the original meeting, had there been a quorum thereat, shall be brought before
the adjourned meeting and may be disposed off at such meeting, whether there be
quorum or not. All questions coming before the meeting of
the Board shall be decided by a majority of the members present and voting at
the meeting. The Chairman shall have a second or casting vote in all cases of
equality of votes. Votes shall be taken by show of hands and the
names of person voting in favour and against any preposition shall be recorded
only if any member requests the Chairman to do so. The Board shall keep minutes of the
proceedings of each meeting of the Board and shall include therein the names of
the members present. A copy of such minutes shall be submitted by the Board to
the Lt. Governor as soon as they are confirmed by the Board. (1)
Appointment
to the post of Welfare Commissioner shall be made by the either.- (a)
by
nomination from and amongst the persons. (i)
Who
are not less than 35 years and more than 45 years of age. (ii)
Who
holds degree in Economics or Sociology of any university recognised by the
Government in this behalf and diploma in Labour Welfare or Social Sciences of
any institute recognised by the Government in this behalf. (iii) Who have sufficient
knowledge of Hindi and are able to speak, read and write in that language; (iv) Who have at least ten
years experience in responsible capacity in labour or social welfare
administration; and (v)
Who
have sufficient knowledge and experience of organising physical, cultural and
other recreational activities; (a)
by
promotion amongst Deputy Welfare Commissioner who have put in a continuous
service of atleast three years in that post; or (b)
by
deputation of officers from the cadre of Deputy Labour Commissioner or of
Assistant Labour Commissioner: (i)
Who
have put in a continuous service of five years in any capacity, not lower in
rank than that of an Assistant Labour Commissioner. (2)
A
candidate appointed on deputation shall normally be appointed for a period of 3
years as provided in Government of India's orders issued from time to time. The
period of deputation may be extended by one year more in exceptional cases. (3)
The
post of Welfare Commissioner shall carry: (i)
The
post scale of Rs. 3000-4500 for the said post or own scale of pay with Rs.500
p.m. as deputation allowance. (ii)
a
dearness allowance at the rate admissible to an officer of the
Govt. of National Capital Territory of Delhi drawing pay equal to that
drawn by the Welfare Commissioner and a special pay of Rs.500 p.m. (iii) a conveyance
allowance as may be approved by the Lt. Governor from time to time. The Board may delegate its powers and
functions to the Welfare Commissioner in relation to the following matters
subject to the conditions and limitations specified below, namely.- I.
under
section 7 subject to the provisions of any rule made in this behalf. (A)
to
sanction expenditure within the budget grants approved by the Government. (B)
to
transfer funds among the following detailed heads of account namely:- (i)
Community
and social education centres; (ii)
reading
rooms at centres; (iii) libraries at centres; (iv) circulating libraries; (v)
community
necessities; (vi) games and sports; (vii) excursions, tours and
holiday homes; (viii) entertainment and
other forms of recreations; (ix) home industries; (x)
subsidiary
occupations for women and unemployed person; (xi) remunerative
employment; (C)
to
write off any loss when its value is not more than Rs. 2500/- (Rs. Two thousand
and five hundred only) II.
Under
section 14: (A)
to
appoint the necessary clerical and executive staff to carry out and supervise
the activities financed from the fund, on posts, the basic salary of which is
not more than Rs. 1400/- (Rs. One thousand four hundred) per month. (B)
To
exercise powers of administration and taking disciplinary action against such
staff as stated below: (i)
power
to transfer, to sanction increment to fix pay, to grant joining time, to depute
on foreign service, sanction of leave and to relax qualifications; (ii)
powers
of discharging a person; (a)
on
probation during the period of such probation; (b)
to
appoint otherwise than under a contract to hold a temporary appointment on the
expiration of the period of mat appointment or for any other reason; (c)
to
engage under contract in accordance with the terms of his contract; (d)
to
appoint otherwise than under a contract to hold a permanent appointment on the
abolition of that post or pay or any other reasons; (iii) powers of imposing
any of the following penalties. (a)
censure; (b)
withholding
of increment or promotion including stoppage at an efficiency bar; (c)
reduction
to a lower post or time scale or to a lower stage in a time scale; (d)
recovery
from pay of the whole or part of any loss caused to the Board by negligence or
breach of orders; (e)
fine; (f)
suspension; (g)
removal
from the service of the Board, which does not disqualify one from any future
employment; (h)
dismissal
from the service of the Board which ordinarily disqualifies from future
employment; (i)
any
other punishment with the approval of the Board; Provided that every member of such staff
shall have a right to appeal to the Board against any order of reduction,
dismissal or removal from service, fine or any other punishment. Every Inspector shall, for carrying out the
purposes of the Act, also have the powers to require any employer to produce
any document for his inspection , to supply him a true copy of any such
document and to give him a statement in writing. The Board shall ensure that the expenses of
the staff including the staff employed for carrying out the programme of the
Board, and other administrative expenses, shall not exceed sixty percent of the
annual income of the Fund. The Board shall, within three months of the
date of the closing of each financial year, submit to the Lt. Governor for
approval an audited statement of receipts and expenditure together with an
annual report giving its activities in the year. (1)
Every
employer of an establishment shall maintain and preserve for a period of ten
years. (a)
a
register of wages in Form 'D' except in cases where the employer maintains a
muster roll-cum-wage register prescribed under the Delhi Minimum Wages Rules,
1950 and Delhi Shops and Establishment Rules, 1954; and (b)
a
consolidated register of unclaimed wages and fines in Form 'E'. (2)
In
cases, pending before the Appellate Authority, the record shall be preserved
till the cases are finally disposed off. (3)
The
employer shall by the 31st January of every year forward to the Welfare
Commissioner a copy of the extract from the register in Form 'D' pertaining to
the previous year.DELHI LABOUR WELFARE FUND RULES, 1997
PREAMBLE