The functions of the Board shall be the administration of the Fund and such other functions as riay be assigned to it by or under this Act.
.13. Unpaid accumulations a/Ic! clbims t/iereto.-(l) 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, diséharge an employer of his liability to make payment to an employee in respect therco:f, 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
4.
(3) As soon as possible after the pdyment of any unpaid accumulation is made to the Board, the Board shall by noticeexhibited on the notice-board of the establishment in which the unpaid accumulation was earned; and published in the Gazette, and in such other mannr as may be prescribed, regard being had to the amount of the unpaid accumulations; in'vitc claims by employees, their heirs, legal representatives or assigns for any payment due to them.
(4) The notice referred to in sub-section (3) shall be given in the manner aforesaid in June and December of every year, ifor a period of thee years from the date of the payment of the unpaid accumulation to the Board.
(5) If any question arises whether the notice referred to in sub section (3) was given as required by that sub-section and sub section (4), certificate of the Board that it was so given shall be conclusive.
(6) if a claim is received, whether in response to the notices or otherwise, within a period of four years from the date first publication' of the notice in respect of such claini, the Board shall transfer such claim to the authority appointed under section IS of the payment of Wages Act, 1936 (cntral Act 4 of 1936), having jurisdiction over the area in which the establishment is situate, and that authority shall proceed to adjudicate upon and decide such claim.
(7) In hearing any claim refen -ed to in sub-section (6), the authority referred to in that sub-section shall have the powers conferred by the Payment of Wages Act, 1936 (Central Act 4 of 1936) and follow the procedure (in so far as it is applicable), specified therein.
(8) if the authority aforesaid issatisfied that any such claim is valid so that the right to receive payment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall edase to be deemed to be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof as the authority decides are property due, to the employee; and the Board shall make payment accordingly:
Provided that the .Board'shall not be Jiable to pay any suii in excess of that paid under •1 sub-section (I) of section 3 to the board as unpaid accumulations, in respect of the claim.
if a claim for payment is refused, the employee or his heirs, legal representatives or assigns, as the case may be may, within sixty days from the date of receipt of the order of the authority, prefer an appeal to the District Court.
* The decision of she authority, subject to appeal to the District Court, and the decision in appeal of the District Court, shall be final and 'conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any.
(II) If no claim is received within the period specified in sub-section (6), or a claim has been refused by the authority, or on appeal by the District Court, then the unpaid accumulations in respect of such claim shall accrue to, and vest in, the State as bona vacantia, and shall thereafter be cleenied to have been fransferred to, and form part of, the Fund.
[jQj[" 14. Interest on the employer's and employees' contributions, unpaid accumulations Or/flies a/icr ijotice of demand.- (1) If an enpIoyer does not pay to the Fund any amount of the employers' and employees' contributions due under section 15 before the date specified in that section or does not pay to the Board any amount of the unpaid accumulations or fines realised from the employees within the time specified by or under, this Act, the commissioner may serve or cause to be served on such employer a notice to pay the amount within the period specified therein, which shall not be less than thirty days from the date of service of such notice
(2) If the employer fails, without reasonable cause, to pay the amount specified in a notice issued under sub-section (I) within the period specified therein, he shall be liable to pay, in addition to that amount,to the Fund or the Board, as the case may be, by way of penalty, simple interest at the rate of nine per cent per annum from the date on which the amount fell due:
L
Provided that the Goveniment may. ubject to such conditions as may be prescribed, remit the whole or any part of the penalty in respect of any period.'] IS. Contribution to the Fund by employees and employers.-( I) Every employee shall contribute fJjJ[four rupee] per half year to the Fund and evdry employer shall in respect of each such employee contribute U2][eight rupees] per half ear to the Fund.
Every employer shall pay to the Fund both the employers contribution and the employee's contribution before the 15th d .ay of July and 15th day of January of every year.
t Notwithstanding anything contained in any other law for the time being in force, the employer shall be entitled to recover fron the employees tle employee's contribution by deduction from his wages or in such otier manner as ma be prescribed, and such deduction shall be deemed to be a deduction authorised by or under the Payment of Wages Act, 1936 (Central Act 4 of 1936).
Grant and advances by Government-The Government may, from time to time, make grants or advance loans to the Board for the purposes of this Act on such terms and conditions as the Government may, in each ease, determine. 1 \ Vesting and application of Fund.-(l)The Fund shall vest in, and be held and applied by, the Board as trustees subject to the provisions, and for the purposes of this Act.
The moneys in the Fund shall be Litilised by the Board to defray the cost of carrying out measures which may be specified by the Government from time to time to promote the welfare ofeniployecs and of their dependents.
without prejudice to the generaliti of the provisions L0f such sections (1) and (2), moneys in the Fund may be utiliscd by the Board to defray éxpendiwre on the following activities, namely:- community and social education centres including reading rooms and libraries;
games and sports
(e) vocational training ;
community necessities;
entertainment and other forms of recreation;
1.
convalescent homes for tuhet eulosis patients holiday homes in health resorts ;
1 part-time employment for housewives olcthployees ;
pre-schools 0
4.
higher education nutritious food to children of.&mployees (I) employment opportunities to the disabled employees cost of administering this Act including the salaries and allowances of the staff appointed for the purposes of this Act ; and F L \ such other objects as i would n the opinion of the Government, improve the standard of living and ameliorate the social 1 conditions of labour:
Provided that the Fund shall not he utilised in financing any measure which the employcr is required under any law for the time being in force to carry out •1,
Provided ftirther that unpaid accumulations and fines shall be expended by the Board tinder this Act notwithstanding anything contained in the Paynent of Wages Act, 1936 (Central Act 4 of 1936) or any other law or areement for the time being in force.
The Board may, with the approval of the Government, make grants from the Fund to any local authority or any other bodyin aid of any activity for the welfare of the employees.
if any question arises whether any particular expenditure is or is not debitable to the Fund, the matter shall be referred to the Government whose decision thereon shall be final.
(6) The Board may accept the transfer of any Labour Welfare Fund of any establishment and may continue any activity financed from such Labour Welfare Fund if the said Fund is duly transferred to the Board. I