Constitution of Fund

(1) The State Government shall constitute a Fund called the Madhya Pradesh Shram Kalyan Nidhi and notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid, at such intervals as may be prescribed, to the Board, and be credited to the Fund and the Board may invest the moneys of the Fund in such securities and in such manner as may be prescribed. (2) The unpaid accumulations mentioned in sub-section (1) shall be collected by such agency and in such manner as may be prescribed. (3) The notice for payment of the unpaid accumulations as provided in sub-section (2) shall be published in the Gazette and in such other manner as may be prescribed for the information of employees and employers, and a copy of the said notice shall be affixed on the notice board of the establishment in which the unpaid accumulations were earned and at any conspicuous place in the concerned locality. (1) If the State Government is satisfied that the Board has made default in the performance of any of the duties imposed on it by or under this Act or has exceeded or abused its powers, the State Government may, by notification, dissolve the Board. (2) Upon the publication of such notification, all the members of the Board shall as from the date of such publication vacate their offices as such members. (3) All the powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the State Government may appoint in this behalf. (1) The contribution payable under this act in respect of an employee in an establishment shall consist of the contribution payable by the employer (hereinafter referred to as the 'employer's contribution) or payable by an employees (hereinafter referred to as the 'employees contribution') and the contribution payable by the State Government and shall be paid to the Board and form part of the Fund. (2) If the name of the employee stands on the register of the establishment on the 30th June and 31st December respectively, the amount of contribution payable every six months by every employee shall be (One Rupee) and by an employer for each such employee shall be (Three Rupees) payable every six months. Provided that the contribution payable every six months shall not be less than one hundred fifty Rupees. (3) Any employer shall pay to the Board both the employer's contribution and the employee's contribution every year before the 15th day of July and 15th day of January. (4) Notwithstanding anything contained in any other law for the time being in force, subject to the provisions of this Act and the rules made thereunder, the employer shall be entitled to recover from the employee the employees contribution by deduction from the wages or otherwise and such deduction shall be deemed to be a deduction authorized by or under the Payment of Wages Act, 1936 (No. 4 of 1936). Provided that no such deduction shall be made in excess of the amount of the contribution payable by such employee, as the case may be, for the month of June and December. Provided further that if through inadvertence or for unavoidable circumstance to be recorded in writing no deduction has been made from the wages of an employee for the months aforesaid, such deduction may be made from the wages of such employees in any subsequent month or months after intimation in writing to the Inspector. (5) Notwithstanding any contract to the contrary, no employer shall deduct the employer's contribution from wages payable to an employee or otherwise recover it from the employee. (6) Any sum duly deducted by an employer from the wages of an employee under this section shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (7) An employer shall pay the employer's and the employee's contributions to the Board by Cheque, Bank Draft, Money Order or in cash and shall himself bear the expenses of remitting such contributions to the Board. (8) The Welfare Commissioner shall submit to the State Government as soon as possible after the end of July and January every year in the prescribed from a statement showing the total amount of the employer's contribution in respect of his establishment. On receipt of the statement from the Welfare Commissioner, the State Government shall pay to the Board a contribution of an amount equal to the employer's contribution in respect of that establishment. (9) Notwithstanding anything contained in the above sub-sections, the State Government may revise the rate of contribution payable by the employee and the employer by notification subject to the condition of previous publication. the notice referred to in sub-section (3) of Section 8 shall contain the following particulars, namely:- (a) name and address of the establishment in which the unpaid accumulation was earned ; (b) wage period during which the unpaid accumulation was earned ; (c) amount of the unpaid accumulation; (d) list of employees and the amount of unpaid accumulation in respect of each of them paid to the Board. the notice referred to in sub-secti4n (3) of Section 8 shall contain the followAng particculars, namely:-(a) name and address of the establishment in which the unpaid accumulation was earned ;(b) wage period during which the unpaid accumulation was earned ;(c) amount of theunpaid accumulation;(d) list of employees and the amount of unpaid accumulation in respect of each of them paid to the Board.