Freequently Asked Question(FAQ)
West Bengal Labour Welfare Fund Act, 1974
What is the objective of the Act?
The West Bengal Labour Welfare Fund Act, 1974 is a State Act passed
by West Bengal Legislature with the object of
i) promoting Welfare of Labour in West Bengal, and
ii) Constitution of Labour Welfare Fund for promoting activities connected with Labour Welfare and related matters.
Where the Act is applicable?
The Act is applicable to
i) Factories as defined under the Factories Act, 1948,
ii) Tramway or Motor Transport Undertaking,
iii) Commercial establishment within the meaning of the provision of West Bengal Shops & Establishments Act, 1963 employeeing 10 or more persons
iv) All establishments within the meaning of 'establishment for public entertainment or amusement' as defined in clause (6) of section 2 of the West Bengal Shops & Establishments Act, 1963 (West Bengal Act XIII of 1963 ).
Which employees of the establishments mentioned above are covered under the Act?
All persons employed to do any work skilled or manual or clerical or technical or supervisory (excepting Supervisor working mainly in managerial capacity and drawing wages exceeding Rs. 1,600/- per month), Persons working as Sales Promotion employee, Contact labour are also covered under the Act.
What does "contribution" mean under the Act?
"Contribution" means a sum of money payable to the Board by an employer, an employee and the State Government
What is the rate of contribution payable by an employee and an employer under the Act?
i) The employee's contribution is Rs3/- half-yearly basis and
ii) the employers' contribution in respect of each employee is Rs.15/- half-yearly basis.
What is due date for payment of contributions?
Every employer shall pay half-yearly contribution of each employee and Employer's contribution in respect of each such employee for the period ending on 30th June before 15th day of July and for the period ending on 31st December before 15th day of July and for the period ending on 31st December before 15th day of January of every year.
How will the contribution be paid by an employer?
An employer of every establishment shall pay the employee's contribution and employer's contribution to the Welfare Commissioner, West Bengal Labour Welfare Board by online mode through lwf.wblabour.gov.in. Both form A & D should be sent through mail to firstname.lastname@example.org
After payment of contribution each employer shall obtain system generated money receipt.
Is there any amount/due payable by an employer to the Board other than the contribution?
Yes. An employer shall pay -
i) Unpaid Accumulation;
ii) All fines realized from the employees.
What does "Unpaid Accumulation" mean?
"Unpaid Accumulation" means all sum due to the employees but not paid to them within a period of 3 years from the date on which the payment became due. Unpaid Accumulation includes wages, Bonus, Gratuity, but not employee's share of P.F.
How and when will an employer pay Unpaid Accumulation and fine realised from the employees to the Welfare Commissioner?
Every employer shall pay to the Welfare Commissioner-
i) Unpaid Accumulation;
ii) Fines realized from the employees of his establishment during the quarter of 31st March, 30th June, 30th September and 31st December within 15 days from the closing of each quarter by Bank Cheque or in cash or by Money Order. Alongwith payment every employer shall submit a statement giving particulars of the amount paid.
What is "Notice of Applicability"?
"Notice of Applicability" means the Notice in Form "A " which an employer shall serve on the Welfare Commissioner informing applicability of the Act and the Rules framed thereunder to his establishment within 30 days of the Rules under the Act becoming applicable to his establishment. It shall be served by the employer either personally or by Registered Post with Acknowledgement Due.
Is there any penal provision for violation of the provisions of the Act.?
If any employer fails to pay any contribution under the Act or fails to comply with any of the requirements of the Act or Rules framed thereunder or if any person will fully obstruct an Inspector in the exercise of his power or discharge of his duty or fails to produce for inspection on demand by an Inspector any register maintainable under the Act and the Rules made thereunder, he shall be punishable with imprisonment or with fine or with both.