[TELANGANA
LABOUR WELFARE FUND RULES, 1988][1]
In exercise of the powers conferred by section 37
of the [2]Telangana
Labour Welfare Fund Act, 1987, (Act 34 of 1987), the Governor of [3]Telangana hereby makes the
following rules relating to the [4]Telangana Labour Welfare
Fund, These rules shall come into force on the 1st May, 1988. (1)
These rules may be called the [5]Telangana
Labour Welfare Fund Rules, 1988. (2)
They extend to whole of the State of [6]Telangana. (3)
They shall come into force on the 1st May, 1988. (1)
In these rules unless the context otherwise requires - (a)
'Act' means the [7]Telangana
Labour Welfare Fund Act, 1987; (b)
"Board: means the [8]Telangana
Labour Welfare Board Established under section 4 of the Act; (c)
'Form' means form appended to these rules (d)
'Notification ' means a notification published in
the [9]Telangana
Gazette; (e)
'Register of establishment' means, (i)
in relation to a factory, 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)
in relation to a motor transport undertaking, a Register
of workers maintained under rule 35 of the [10]Telangana
Motor Transport Workers Rules, 1963; and (iii)
in relation to any other establishment, the Register of
employment maintained under the [11]Telangana
Shops and Establishments Rules 1968; Provided
that where any establishment is not required to maintain such Register,
'Register of establishment' shall mean any other Register in which names of the
employees employed in the establishment every day or every month of the year
are ordinarily shown; (2)
All words and expressions used in these rules, unless
otherwise defined shall have the same meaning as assigned to them in the Act. (1)
Every employer of an establishment shall give a notice of
opening in Form-A to the Welfare Commissioner or to such other officer as may
be authorized in his behalf within, (a)
Sixty days, in respect of the Establishment existing as
on the date of commencement of these rules; and (b)
Thirty days in respect of other establishments. (2)
Every employer shall within thirty days intimate in
Form-B to the Welfare Commissioner to such other officer as may be authorized
in this behalf, any change in the information under sub-rule(1). (3)
Where an employer intends to close down his business for
good and sufficient reason, he shall serve a notice of such intended closure in
Form-C on the Welfare Commissioner at least, ninety days before the date on
which he intended closure is effective; Provided
that any such closure shall be in accordance with the provisions of Law. (4)
All notices to be given under this rule shall be by
registered post and acknowledgement obtained thereof. (1)
Every employer of an establishment shall maintain and
preserve for a period five years. (a)
A register of wages in Form-D except in cases where a
simple register is maintained under any other law for the time being in force
and. (b)
A consolidated register of unclaimed wages and fines in
Form-G provided that in respect of cases pending before the appellate
authorities such record register shall be preserved till the case is finally
disposed of; (2)
The employer of an establishment shall by the 31st
January of every year forward to the Welfare Commissioner a copy of the extract
from the register in Form-E pertaining to the previous year. (1)
Every employer of an establishment shall pay, the
employer's and employees contribution of the provident fund, all dues including
fines realised from the employees and unpaid accumulations by a demand draft or
money order to the Welfare Commissioner or to such other officer as may be
authorized in this behalf for every quarter ending with the 31st March, the
30th June, the 30th September and 31st December, within fifteen days from the
closing of each quarter; Provided
that in respect of the existing establishments, the sums payable by the
employer under sub-rule(1)shall be paid in the manner provided therein within
fifteen days from the date of coming into force of these rules. (2)
The payments under sub-rule (1) shall be accompanied by a
statement showing full particulars of the amounts paid. Every
employer of an establishment operating for any length of period during the
twelve months preceding the 31st December of every year shall pay to the
Welfare Commissioner or such other officer as may be authorized in this behalf,
the employers' contribution and also the employees contribution, whose names
stand on the register of the establishment preceding the 31st December, by the
31st January succeeding year, along with a statement showing full particulars
in form-F. The
Welfare Commissioner shall submit to the Government not before the 31st March
of each year a statement of employees and employers contributions received by
him by the 31st January of the year in Form-G. (1)
Where the employer dose not pay whole or part of the
amount due from him in accordance with rules 5 and 6 with in the stipulated
time the Welfare Commissioner may after making such enquires as he may deem
fit, serve a notice on such employer to pay the amount due from him within fifteen
days from the date of receipt of the notice. (2)
The notice under sub-rule (1) shall be served on the
employer either by personal service after taking receipt or by registered post
with acknowledgement due; Provided
that an employer refuses to receive such a notice, it shall be deemed to have
been served properly for the purpose of this rule, if a copy thereof of is
pasted on any suitable place at or near about the main entrance of the
establishment or where such notice was sent by post, if it was returned by the
postal authorities with, such remarks as would indicate that it could not be
served owing to refusal to accept or negligence on the part of the employer
concerned. The
notice under sub-section(3) of section 8 shall contain the following
particulars, namely; (a)
name and address of the establishment in which the unpaid
accumulations was earned; (b)
wage period during which the unpaid accumulation was
earned; (c)
amount of unpaid accumulation; and (d)
the list of employees and the amount unpaid accumulations
in respect of each of them paid to the Board. (1)
Application for emission of penalty under the provision
to section 9 of the Act shall be made to the Welfare Commissioner within thirty
days from 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 the
non-payment of dues was due to the circumstances beyond the control of the
employer the Welfare Commissioner may remit in part or whole of the penalty
payable under subsection (2) of section 9: Provided
that no remission shall be made without the prior sanction of the Board, if the
amount of penalty to be remitted exceeds five hundred rupees. The
Board shall consist of the following members, namely: (a)
Five persons to be nominated by the Government as
indicated below: (i) Minister for
Labour ?? Chairman (ii) Secretary
to Government, Labour Deptt., Ex-officio
Member (iii) Secretary
to Government, Finance & Planning (Fin.) Deptt., Ex-officio
Member (iv) Secretary
to Government, Industries Deptt., Ex-officio
Member (v) A Women
Member to represent the women employees in consultation with the Director of
Women and Child Welfare Deptt., (b)
Five persons representing the employers nominated by the
Government in consultation with the organization of the employers functioning
in [12]Telangana;
and (c)
Five persons representing employees nominated by the
Government in consultation with the organizations of employees functioning
in [13]Telangana. (1)
(a) The Board may constitute one or more committees for
the purpose of advising the Board in discharging its functions and in
particular for carrying into effect any of the matters specified in sub-section
(2) of section 12 of the Act. (b) while constituting the Committee the Board may
nominate one of its members to be a member of the committee who shall be the
Chairman of the Committee. (2)
The Committee shall be represented with equal number of
representatives of the employees and employers. (3)
The Board shall determine the qualifications and term of office
of the Committee or committees constituted under section 7 of the Act. (4)
The Committee shall meet at such time and at such place
as the Chairmen of the said Committee may decide and the committee shall
observe such rules of procedure in regard to the transaction of the business at
its meeting as it may deem proper. (5)
The Committee shall be treated as first class Government
committee and the provisions of rule 15 shall apply to the members of the
committee for purpose of Traveling Allowance and Dearness Allowance. (1)
The Board shall meet as often as may be necessary but not
less that once in every three months commencing from the first meeting
convened. (2)
The Welfare Commissioner shall in consultation with the
chairman fix a date, time and place as well as agenda for, each meeting of the
Board and give not less than seven days notice thereof to each member: Provided
the even seven days notice shall not be necessary where in the opinion of the
Chairman that the business to be transacted at the meeting is of a very urgent
nature requiring immediate attention and members are informed accordingly. (3)
The Chairman shall preside over all the meetings of the
Board and no matter other than those included on the agenda shall be discussed
at any meeting except with the permission of the Chairman: Provided
that if for any other reason the Chairman is unable to attend a meeting the
members present shall choose one among them to preside over and carry on the
functions of the Chairman for that meeting. (4)
No business shall be transacted in any meeting of the
Board unless there is quorum of not less then one third of the number of
members of the Board: Provided
that if a meeting adjourned by the Chairman for lack of quorum even after waiting
for not less than thirty minutes from the appointed time the Welfare
Commissioner shall with the same agenda as fixed for the original meeting, fix
a date not earlier that seven days from the date of that meeting and give
notice in this behalf to all members and it shall thereupon be lawful to
dispose of the business included in the agenda in the meeting irrespective of
members present. (5)
All matters in the meeting of the Board shall be decided
by majority of votes of the members present and voting: Provided
that in case of equality of votes the chairman shall have a casting vote or a
second vote. (6)
Votes on any issue shall be taken by show of hands at the
meeting of the Board and the name of the person voting in favour and against on
any proposal be recorded only if any member requests the Chairman to do so. (1)
The Welfare Commissioner shall arrange for preparing the
minutes of the proceedings of each meeting of the Board showing inter alia the
names of the members present and shall forward a copy of such minutes to each
member of the Board as soon after the meeting as possible. (2)
The minutes of the proceedings of each meeting shall be
confirmed with such modification, if any, as may be decided upon as the next
meeting of the Board and signed by the Chairman at that meeting by way of
authentication. (3)
The minutes of the proceedings of each meeting of the
Board authenticated by the Chairman under sub-rule(2) shall be kept in a
separate minutes book and the Welfare Commissioner shall send a copy of such
authenticated minutes of the proceedings of each meeting to the Government for
information as early as possible. (4)
The minutes book shall be kept in safe custody of the
officer authorized by the Welfare Commissioner who shall be responsible for
recording the minutes of the meeting. (1)
Traveling allowance and daily allowance of an official
shall be governed by the rules applicable for journey performed by him on
officials duties and shall be paid by the authority paying his salary. (2)
Each non-official member of the Board shall be entitled
to draw traveling and daily allowance for any journey performed by him in
connection with the performance of his duties at the rate admissible to a
non-official member of the first class Government Committee under the 2Telangana
Traveling Allowance Rules. The
Welfare Commissioner shall cause the budget estimates of the fund for every
financial year to be prepared and laid before the Board by the 31st January
every year and the Board will approve the budget before the 15th March. If
during the course of financial year it becomes necessary to incur expenditure
over and above provision made in the budget, the Welfare Commissioner shall
submit additional demands to the Board for its approval. Payment
from the fund shall be made: (1)
Where the amount payable is less than hundred rupees in
cash: (2)
Where the amount payable is hundred rupees and more, a
cheque shall be issued by the Welfare Commissioner or such other officers as
may be authorized in his behalf; (3)
Each cheque that may be issued shall bear the signatures
of two such Officers who are authorized by the Welfare Commissioner. The
application for grant from the fund under sub-section (3) of section 12 shall
be submitted to the Welfare Commissioner in triplicate. Such application shall
be placed by the Welfare Commissioner before the Board within thirty days of
its receipt with his remarks for consideration of the Board. The Board may
recommend with or without modification any application placed before it and
such application recommended by the Board shall be forwarded to the Government
by the Welfare Commissioner within fourteen days from the date of the decision
of the Board for the approval of the Government. (1)
The Board shall maintain proper accounts and the other
relevant records and prepare annual statement of accounts including balance
sheet. (2)
The accounts of the Board shall be balanced on the 31st
March of each year. (3)
The Accounts of the fund shall be maintained by the
Accounts Officer of the Board and shall be audited by a Chartered Accountant's
firm appointed by the Government. (4)
The Government may also at any time order special audit
of the accounts of the Board. (5)
The fee for the audit shall be as may be approved by the
Government. (1)
The Board may create all posts and appoint such number of
officers executive, clerical and other staff as may be necessary for carrying
out its functions under the Act. It shall also have disciplinary and
administrative control over them. (2)
The Board may make regulations specifying the terms and
conditions of appointment, service and the scales of pay of officers and other
staff of the Board including the payment of traveling and daily allowance in
respect of journeys undertaken by the officers and other staff of the Board. (1)
An Inspector appointed under section 18 of the Act shall
generally make such inspection as may appear to him necessary for satisfying
himself that the provisions of the Act and rules and any orders issued by the
Government under this Act are duly observed. (2)
In addition to the powers conferred by clause (a) of
sub-section (2) of section 18 of the Act, an Inspector shall for the purpose of
giving effect to the provisions of the Act, have power to: (a)
Prosecute, conduct or defend before a court any complaint
or other proceedings arising under the Act; (b)
require any employer to supply or send any return or true
copy of any document or information relating to the provisions of the Act; (c)
make inspection in such manner as he deems fit to satisfy
himself that: (i)
The provisions of the Act and Rules regarding the payment
of contribution and unpaid accumulations and fines are observed; (ii)
The prescribed registers are properly maintained; and (iii)
The returns and registers to be maintained under these
rules are properly maintained and duly sent to the appropriate authority. (d)
note whether the defects or irregularities pointed out in
the course of previous inspection have been removed and the orders issued have
been complied with; (e)
point out and either to record on the establishment register
or inform the employer through a letter all such defects or irregularities as
he may have observed in course of an inspection and to give orders for their
rectification in the manner he deems fit and proper. Provided
that the employer concerned shall have the right to prefer an appeal to the
State Government or such other authority as may be specified by the Government
in this behalf against an order given by an inspector under clause(e) within
thirty days of the receipt of such an order assigning specific reasons thereof. (1)
The Board shall be free to undertake any financial
transactions with in its budgetary limits for carrying out the purpose of the
Act and for this purpose it may- (a)
dispose of by sale or exchange any immovable property
belonging to the Board or grant lease of any immovable property belonging to
the Board for any term not exceeding 12 months. (b)
With the approval of the State Government lease sell of
other wise dispose of other movable or immovable property belonging to the
Board. Provided
that no financial deal shall be transacted or execute without the prior
approval of the State Government if it involves anything of which the money
value exceeds ten thousand rupees. (c)
The Board may enter into or execute all such contracts as
it may consider necessary or expedient for bringing the provisions of the Act
into effect: Provided
that prior approval of the State Government shall be obtained in respect of any
contract involving an expenditure exceeding ten thousand rupees. (2)
Every contract made under or for any purpose of the Act
shall be made on behalf of the Board:- (a)
by the Welfare Commissioner, or (b)
subject to such condition as the Board may specify by
such member or officer of the Board it may authorize. (1)
The Board shall within three months of the date of each
financial year submit to the State Government for approval an audited statement
of receipts and expenditure together with an annual report giving the activities
in the year. (2)
The statement and the report shall be laid as soon as may
be after they are approved by the State Government before the State Legislature
while it is in session for a period of not less than thirty days. (3)
After the statement and the reports are laid before the
State Legislature under sub-rule (2) the Board shall cause the same to be
published in such manner as it may deem fit. [1] The Telangana Labour
Welfare Fund Act, 1987 and Rules 1988. The said Rules in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) as per G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour)
Department, Dated: 01.02.2016. [2] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [3] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [4] The Telangana Labour
Welfare Fund Act, 1987 and Rules 1988. The said Rules in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) as per G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour)
Department, Dated: 01.02.2016. [5] The Telangana Labour
Welfare Fund Act, 1987 and Rules 1988. The said Rules in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) as per G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour)
Department, Dated: 01.02.2016. [6] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [7] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [8] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [9] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [10] The Telangana Motor
Transport Workers Rules, 1963. The said Rules in force in the combined state,
as on 02.06.2014, has been adopted to the State of Telangana, under section 101
of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) as per
G.O.Ms. No. 38, dated 17.12.2015 of LET&F Department [11] The
Telangana Shops and Establishments Rules 1990. The said Rules in force in the
combined state, as on 02.06.2014, has been adopted to the State of Telangana,
under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6
of 2014) as per G.O.Ms. No. 4, dated 30.01.2016 of LET&F Department. [12] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016. [13] For the word
"Andhra Pradesh" the word "Telangana" substituted as per
G.O.Ms. No. 6, Labour, Employment, Training and Factories (Labour) Department,
Dated: 01.02.2016.TELANGANA LABOUR WELFARE FUND RULES, 1988
PREAMBLE