The Labour Welfare Fund Act (hereinafter ‘the Act’) is enacted with the objective to raise funds which are a statutory contribution encompassed by certain States in our Country.
This is a fund contributed by Employer, Employee and in some states by the Government as well.
This fund is applicable to certain establishments based on the total number of employees, the wages earned and the designation of the employee. These parameters are prescribed under corresponding State Legislation.
The purpose of this fund is to support the laborers in -
The amount of fund, rate, and periodicity of contribution is decided by the respective State Labour Welfare Board. The contribution may be made every month or once in six months (half-yearly) or once in a year (annually) as per the prescribed quantum and remitted to appropriate Labor Welfare Fund Board in prescribed Form before the due date specified under the Act.
Currently, this Act is enacted and applicable in the States of Andhra Pradesh, Chandigarh, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Tamil Nadu, Telangana & West Bengal.
The Act is not applicable in the States of Andaman and Nicobar Islands, Arunachal Pradesh, Assam, Bihar, Dadra & Nagar Haveli, Daman, Diu, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Ladakh, Lakshadweep, Manipur, Meghalaya ...
EPFO in its circular no. C-II/20/76/Misc./2020/CBE/TN/027 dated 14.02.2020, has issued guidelines for initiation of inquiries under section 7A of the Act in order to bring uniformity in the procedure followed.
According to this circular, the following instructions are laid down:
Inquiries u/s 7A shall for limited purposes only i.e.
Therefore, grounds such as non-submission of returns, non-production of records, non-cooperation in inspections, etc. are not reasons within the sphere of section 7A and do not constitute a sufficient basis for initiating proceedings under this section.
The minimum standard of evidence for the commencement of any legal proceedings is the ‘existence of a prima-facie case’(i.e. there should be a case appears on the face of given facts and circumstances) and the same applies to proceedings u/s 7A.
Procedure for initiation of inquiry: A mere complaint in itself does not constitute prima-facie evidence; sufficient to initiate an inquiry u/s 7A as complaint and is only a source of information and not legal proof of the allegations. Therefore, any complaint is required to be investigated by an Enforcement Officer under section 13(1) of the Act and substantiated on the basis of admissible evidence gathered during an investigation.
Scope of inquiry and time frame: The assessing officers prior to initiating an inquiry, have to record the intended period of inquiry-based on the evidence available. Subsequent to the initiation of an inquiry, the issues and the period of default specified thereunder cannot be extended and records sought from the respective employer must be reasonably limited to such scope. Any new issue or period of default arising/found subsequently may be inquired only upon issuance of a ...
The Government of Telangana through notification No. G.O.Ms.No. 4 dated 28.01.2020 has amended rule 61-N of the Telangana Factories Rules, 1950 as stated here below:
All workers should be mandatorily provided with Personal Protective Equipments (PPEs) as prescribed under the Act and Rules conforming to relevant National Standard.
The Occupiers shall instruct the workers to use such PPEs and maintain them in proper working conditions.
The Occupiers shall not charge the workers for provisions of such PPEs.
The various types of PPEs to which this rule shall extend for use in factories are:
safety goggles and spectacles,
equipment for eye and face protection during welding,
gloves and protective clothing,
ear protection when exposed to noise,
respiratory protection and
other appropriate protective equipment based on the nature of hazardous work which shall include
safety harnesses with independently secured lifelines where protection against falls cannot be provided by other appropriate means.
Life vests and life preserves where there is a danger of falling into the water.
Distinguishing clothing or reflective devices or otherwise conspicuously visible material when there is regular exposure to danger from moving vehicles.
For notification click here.