Vesting and application of Fund

Section 16 of the Dadra and Nagar Haveli and Daman and Diu Labour Welfare Fund Act 1986 deals with vesting and application of Fund. 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.

(1) 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 money therein shall be utilised 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 of employees and their dependents.

(2) Without prejudice to the generality of the provisions of sub-section (1), the money in the Fund may be utilised by the Board to defray expenditure on the following, namely :- (a) community and special education centres, including reading rooms and Libraries;

(b) vocational trainings;

(c) games and sports;

(d) excursions and tours;

(e) community necessities;

(f) entertainment and other forms of recreation;

(g) convalescent homes for tuberculosis patients;

(h) holiday homes in health resorts;

(i) home industries and subsidiary occupations for women and unemployed;

(j) part-time employment for house wives of employees;

(k) pre-schools, nurseries and crèches for employees;

(1) nutritious food to children of employees;

(m) employment opportunities to the disabled employees; 18Substituted the word for "Contribution to fund by employees and employer"; by the (Adaptation of State Law) Third Order, 2022 19Substituted for the words "Every employee shall contribute six rupees per year to the Fund and every employer shall in respect of each such employee, contribute twelve rupees per year to the Fund" by the (Adaptation of State Law) Third Order, 2022 Page 9 (n) cost of administering this Act including the salaries and allowances of the staff appointed for the purposes of this Act; and (o) such other objects as would, in the opinion of the Board, improve the standard of living and ameliorate the social conditions of labour;

(p) accident and occupational diseases: 20[(q) any scheme approved by the Government for the benefit of retrenched workmen and other workmen affected by layoff or closure of industrial establishments:] Provided that the Fund shall not be utilized in financing any measure which the employer is required under any law for the time being in force to carry out:

Provided further that the fines shall be ex-pended by the Board under this Act notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act 4 of 1936) or any other law or agreement for the time being in force.

(3) The Board may, with the approval of the Government, make a grant from the Fund to any local authority or any other body in aid of any activity for the welfare of employees.

(4) 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.

(5) The Board may accept the transfer of any Labour Welfare Fund or similar fund of any establishment and may continue any activity financed from such Fund, if the said Fund is duly transferred to the Board.

Section 16, The Dadra and Nagar Haveli and Daman and Diu Labour Welfare Fund Act 1986 (Act 4 of 1986).