Amendment status not verified — confirm the current text below against the official source.
Resignation of office by member, and filling up casual vacancies. (1) A member may resign his office . by giving notice thereof in writing, to the Administra- tor, and on suqh resignation being accepted, shall deemed to have vacated his office. (2) A casual vacancy in the office of a member shall be filledup,. as soon as conveniently may be, by the authority concerned.and a member so nomi- nated 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. - - : 6AA. Power to appoint Committees. For the pur- ' • pose of advising the Board in the discharge of its functions and also for carrying into effect any of the ' matters specified in sub-section (2) of section 7, the Board may constitute one or more Committees of which at least one on each; Committee shall be a mem- • per.of the Board. ; ,* .6A. Unpaid accumulations and claims thereto (1) • All. unpaid accumulations shall be deemed to be abandoned property. ---. ' - . ' - ' ; —* (2) Any upaid accumulat-ibtis 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 tne extent only of the amount paid to the - ^ Z . f f . * e ha^mt^ 1° ms^' Payment To the •''t** '/^e to the e.-..ent aiorssaid sliall subject to the succeeding provisions of this section be deemed to he, transferred to the Board. - • - - • ^mJI-t-'sP^-AWl - nrrsr fT <M4*i '^Rrraspfe c / ^ 11: ;. ..' . - • Jfc(3) As soon as possible after the payment of any . ouipaid accumulations is made to the Board, the Board shall by notice (containing such particulars as may be prescribed)— ' "' (a) exhibited on the notice-board of the factory or establishment in - which the unpaid ac- cumulation was earned and " (b) (deleted by Maharashtra Act 22 of 1964) •(e) also published in any two newspapers cir- culating and in the language commonly un- derstood'in the area in which the factory or establishment in which the unpaid accumula- tion was earned is situate, or in such other manner as may be prescribed, regard being had to the amount of the claim, . Invite claims by employees for any payment due to them. The notice shall be inserted in the manner afore- : said in June and December of ever/ year, for a period of three years Jfrom the date of the payment of the unpaid accumulation to the Board. (4)"If any question arises whether the notice re- ferred to in sub-section (3) was, given as required by that sub-section, a certificate of the Board that it was so given shall be conclusive. (5) If a claim is received whether in answer to the notices or otherwise, within a period of four years from the date of first publication of the notice in respect of such claim, the Board shall transfer such claim, to the Authority appointed under section 15 of the payment of Wages Act, 1936 (IV of 1936), having jurisdiction . in the area in which the factory or establishment is •situated, and the Authority shall proceed to adjudicate upon and decide, such claim. In hearing such claim, the Authority shall have the powers conferred by, and follow the procedure (in so far as it is applicable) for lowed in giving^effect to the provisions of that Act. (6) If the Authority aforesaid is satisfied that any . such claim is valid so that the right to receive pay- ment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease 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 rare properly due, to the employees; and the'Board tshall snake -.payment accordingly : Provided that, the Board shall not be liable to pay any sum in excess of that .paid under sub-section (1) of section 3, to the Board as unpaid,accumulations, in.. respect of .the claira. (7) If a.claim for payment is refused, the em- ployee shall .have a right of .appeal to the District Court, and the Board shall comply with any-order. made in appeal. An appeal sliall lie within sixty days ; of the decision of the Authority. 1 .: (?) "The decision or" the Authority, subject to appeal -'•f.feresaid^tratd the decision in appeal of the District Court, shall be fin?,! and concIt2s*ve nr to the fi"ht to "receive payment, the liability of the Board to pay and also as to the amount, if any. (9) If no claim is made within the time specified in sub-section (5), or a claim has been duly .refused as . aforesaid bythe Authority, or on appeal by the Court, • then the unpaid accumulations in respect of such claim. shall accrue to, and vest in, the State as bona vacantia and shall thereafter, without further assurance be deem- ed to be transferred to, form part of, the Fund. 6BB. Contributions (1) The contribution payable. under this Act in respect of an employee in an esta- blishment shall comprise contribution, payable by the ' employers (here-in-after referred to as 'the employers contribution') contribution payable by such employee (here-in-after referred to as 'the employee's contribu- tion') and the contribution payable by the Adminis-" trator and shall be paid to the Board and form part of the Fund. (2) -The amount of contribution payable every six months in respect of every employee shall be 75paise, only if. the name of such employee stands on the re-, gister of an establishment on 30th June and 31st December, respectively; and in -respect of an employer for each such employee shall be 225 paise payable every six months.. (3) Every employer shall pay to the Board both the employer's contribution of 225 pais©* and the em- ployee's contribution -of 75 paise^ -before the 15th day; of July and 15th day of January. (4) Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and any rules, the employer shall in the case of any such employee bz entitled to recover from the em- ployee that employee's contribution by deduction from his wages, and not otherwise; and such deduction shall be deemed to be a deduction authorised by or under the Payment of Wages Act 1936 (4 of 1936).'. Provided that, no such deduction shall be made in excess of the amount of the contribution payable, by such employee, not shall be made from any wages other than the wages for the months of June and December •-;. - -.\ ; Provided further, that, if through inadvertance or otherwise, no deduction has been made from the wages of an employee for the months aforesaid, such dedue- tion may be made from the wages of such employee for any subsequent months or .months.with the permis- sion in writing of the Inspector appointed under this Act, . (5) .Notwithstanding any contract to the contrary, jio employer shall deduct the employer's contribution from any 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 ^he-em- ployee for the purpose of paying the contribution in jespef t af which It-was deducted. ". (7),,An employer shall pay the employer's and the . efiipk ft ;'s coiitiibution to the Board by cheque, . money trder or in cash, and he shall bear the expenses of remitting to the Board such contributions. . # 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC.%&'•% 'v-'" (8)''TlK'Weifke:ttoinmiisi6nef:sh'afr submit to the Administrator assoon as possible after the end-of: July and January every year in the prescribed form a state- ment showing the total amount of the employee's contribution and the employees' contribution in res- pec of employees in each establishment. On receipt of the statement from the "WelfareGommisioner the Administrator shall pay to the Board, a contribution of an amount equal to twice the employees contribu- tion in respect of .that establishment.