Chhattisgarh Act No. 36 of 1983

What it says

Section 9 sets three contributors — the employer, the employee and the State Government. As substituted by notification F 10-1/2011/16 of 21.03.2012, the employee pays ₹15 and the employer ₹45 every half-year for each employee on the register on 30 June and 31 December, and the employer's half-yearly contribution may not be less than ₹1,500 whatever the headcount. Both shares are paid before 15 July and 15 January. Section 9(8) has the State Government pay the Board an amount equal to the employer's. Section 2(5) makes a factory an establishment at any size and leaves every other establishment

What was taken from it

The figures and statements this desk reads off this document, as extracted. Each one is shown on the topic page it belongs to: Labour welfare fund · Chhattisgarh.

Contributors

The employer's contribution, the employees' contribution and a contribution payable by the State Government

Deduction

The employer may recover the employee's share by deducting it from wages, and the deduction counts as authorised under the Payment of Wages Act, 1936. It may not exceed the amount due from that employee and may only be taken from the June and December wages; if it was missed for unavoidable recorded reasons it may be taken from a later month after written notice to the Inspector

Due Dates

Before 15 July and 15 January each year

Employee

15

Employee Definition

Any person employed for hire or reward on skilled, semi-skilled, unskilled, manual, clerical, supervisory or technical work in an establishment — excluding a person employed mainly in a managerial or administrative capacity, and a supervisor drawing more than ₹1,600 a month or exercising mainly managerial functions

Employer

45

Employer.Floor

1500

Employer Share Not Recoverable

No employer may deduct its own contribution from any wages payable to an employee or otherwise recover it from an employee, whatever any contract says

Establishment Factory

A factory is an establishment in its own right, with no headcount attached

Exclusions

A State Government establishment that is not a factory, and a Central Government establishment for which the Centre is the appropriate government under section 2(a) of the Industrial Disputes Act, 1947

Government

45

Headcount Unknown

For anything but a factory, section 2(5)(ii) covers an establishment carrying on any business or trade, or work connected or ancillary to it, employing more than such number of persons as the State Government specifies by notification. That notification was not found, so no headcount is stated.

Held In Trust

A sum duly deducted from wages under section 9 is deemed to have been entrusted to the employer by the employee for the purpose of paying that contribution

Payment Mode

By cheque, bank draft, money order or cash, with the cost of sending the contribution to the Board borne by the employer

Rate Revision

The State Government may, subject to prior publication, revise the rates of the employee's and the employer's contributions by notification

Scope

The Act extends to the whole State of Chhattisgarh and comes into force on such date or dates as the State Government appoints by notification, which may differ for different areas and different classes of establishment

Where this is cited

• Labour welfare fund · Chhattisgarh