section 6
Unpaid accumulations and claims thereto
The Bombay Labour Welfare Fund Act, 1953 as extended to Union Territory of Delhi(1) All unpaid accumulations shall be deemed to be abandoned property. (2) Any unpaid accumulation paid to the Board in accordance with the provisions of section 3 shall on such payment discharge an employer of the liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board, and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board. (3) As soon as possible after any unpaid accumulation is paid to the Board, the Board shall by notice (i) exhibited on the notice-board of the establishment in which the unpaid accumulation was earned, and (ii) published in the Official Gazette, and (iii) also published in any two newspapers circulating in the area in which the establishment is situated, invite claims by employees, heirs, legal representatives or assigns for any payment due to them. (4) The notice shall be given in the manner that may be prescribed. (5) If any question arises whether the unpaid accumulations are required to be credited to the Fund or whether any money is properly payable to an employee or his legal representative, the dispute shall be decided by the Authority under section 15 of the Payment of Wages Act, 1936 (IV of 1936), or such other officer as the State Government may appoint for the purpose, subject to an appeal to the Industrial Court of the area or such other authority as the State Government may appoint, whose decision shall be final. (6) The time taken for such dispute shall be excluded in computing the period of limitation. (7) If the claimant prefers his claim within a period of four years from the date of such notice, the Board shall pay such amount to the claimant. (8) If the Board is satisfied that the claim is valid and arises out of the payment, the Board shall pay the amount due to the claimant. (9) If the Board is satisfied that any unpaid accumulation has been paid to it by an employer in error, it may, after such inquiry as it may deem fit, refund the amount to the employer. (1) The State Government shall constitute a Fund called the Labour Welfare Fund, and notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all moneys in the Welfare Fund shall be utilized by the Board to defray the cost of carrying out measures which may be specified by the State Government from time to time to promote the welfare of employees in the State. (2) Without prejudice to the generality of sub-section (1), the moneys in the Fund may be utilized by the Board to defray expenditure on the following, that is to say:— (a) community and social education centres; (b) vocational training; (c) community necessities; (d) entertainment and other forms of recreations; (e) convalescent homes for tuberculosis patients; (f) holiday homes; (g) nutritious food for children of employees; (h) employment of daily of employment; (i) activity for the welfare of women; (j) pre-schools; (k) reading rooms and libraries; (l) games and sports; (m) cost of administering the Act; (n) any other activity which the State Government may specify. (3) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (4) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (5) If any question arises whether any particular expenditure is or is not incurred on the objects specified in sub-section (2), the decision of the State Government shall be final. (6) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (7) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (8) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (9) The Board may, with the approval of the State Government, make grants from the Fund to any employer, any local authority or any other body in aid of any activity for the welfare of employees. (1) The State Government shall constitute a Fund called the Labour Welfare Fund, and notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all sums specified in sub-section (2) shall, subject to the rules made under this Act, pay into the Fund. (2) The Fund shall consist of all sums paid to the Board under the provisions of this Act. (1) A member may resign his office by giving notice thereof in writing, to the Administrator, and on such resignation being accepted, shall be deemed to have vacated his office. (2) A casual vacancy in the office of a member shall be filled up, as soon as conveniently may be, by the authority concerned and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor. (3) No act or proceedings of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in constitution of the Board.
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