Amendment status not verified — confirm the current text below against the official source.
Unpaid accumulations and claims thereto.—(1) All unpaid accumulations shall be deemed to be abandoned property. Any unpaid accumulations 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 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. As soon as possible after the payment of any unpaid abcumulation is made to the Board, the Board shall by notice (which shall contain such particulars as may be prescribed)— to be displayed on the notice board of the factory or establishment in which the unpaid accumulation was earned; and to be published in a newspaper in the language commonly understood in, the area, andhavingcirculationintheareainwhich the establishment in which the unpaid accumulation was earned— is situate invite claims to be filed, within a period of one hundred and eighty days from the date of such display or publication of the notice, by employees for 63 any payment due to them. The notice shall continue to be displayed on the notice Board continuously for a period of one hundred and eighty days from the date it is so displayed. If any question arises whether the notice referred to; in sub-section (3) was given as required by that silb-section, a certificate of the Board that it was so given, shall be conclusive. If a claim is received in answer to the notice under sub-section (3), the Board shall transfer such claim to the authority appointed under Section 15 of the Payment of Wages Act, 1996 (No. 4 of 1936) having jurisdiction in the area in which the factory or etablishment is situated, and the authority shall proceed to adjudicate upon, and decide, such claim within a period of ninety days from the date on which the claim is transferred to it by the Board. In hearing such claim the Authority shall have the power conferred by and follow the procedure (in -so far as it is applicable) laid down for giving effect to the provisions of that Act. If the Authority aforesaid is satisfied that any such claim is valid and the right to receive payment 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 as properly due, to the employees; and the Board shall make payment accordingly : Provided that, the Board shall not be liable to pay any sum in excess of that paid under sub-section (4) of Section 3 to the Board as Unpaid accumulations, in respect of the claim. fa 64 oi sun itJtIon ilar`a •)--rtio41 9(1T .m SUL :";`"Ir- n 1(7) Y If ciatclaim ()for payment ,,t ris rejected,-_ thei eraoloyee shalLhave a right of lappeal,to the Industrialq Court, and the Board shall comply with any,order made1 in appeal. An appeal shall lie within sixty days of the decision.of the Authority.-.The:Industrial. Court shall give': its tdecision.ordinarily within .a period of I sixty, dayslf rom' the' date on'which%appeal is presented •before-t it. . r • • trul •S['11' L: 31 .Val:(8) 9.The idecisiOn tad Athe cAuthority, subjedt pealta-foresaid andt, the i decision in tappealuofir, the IndultriallCouretshall/;be..f inal and:conclusive. as ,to, the. right to receive payment; the liability,of the Board to)pay andlalso as tol.the amount,,,if LILA.: il0fi31 a -nh br .k.)93r.t J2.! J. inn!! 1'7 no ,claim is made:within the, time,specified: sUb-section - (3) or a claim has.been ,duly, rejected , as :Jaforesaid) by f.the authority,' or on • appeal r byj the Ciourt ,ithen: the unpaid accumulation-in respect.of such claimtshall:aacrue to, and.vesttin,,the, Board as;bona vaeant , and Shall thereafter wiphout further assurance be deemed to be transferred to, 7andiform]part y 'of ,the: Fund. nab ft.n. P .olk•P oijir, J.,1.7L.t J •T (.3) irm.N10) --.where the authority tor. the r Industrial, Court is g. unable' to I diver its lidedision within the perriod specifiedin'sub-section• (5) or sub:section :(7) „as the case \maybeV1tisbailrreCord ,the „reasons therefor. -51.1D SI.1 1 Lk..?1.0th .11J , tc Ct b t!)ii2 • E f•43 9 .-‘r Contribution. (1) The contribution payable under this;act in respect of ran.,einployee in an establishment shall consist of the contribution ..payable‘, by ;the employer (hereinafter referred to as the 'employer's contiibution) erpayableA by.) and employees (hereinafter referred:to-as -the -employees contribution) and the contiibUtion payable by.the ,State Government ,t and shall be paid to the oard and form partt of the Fund..•„-r;st • 65 I ad (2) If the name of the employee stands on the ..eTzJete,12,11'et.IPlertti.c9P•3 3‘.9.tb t?..e•Theinfte0:331§t pscstp,q.cui_respectj.veq..y,-,tcthe 9 ,tnOuntof 9qOfltrtbtk2fl paya)71ei„eyery!isix,cm.onqtscby eery emp)toyee-faha):Inpe (One Rupees) oR3,..y and by an employer for:i.emact-t-fpltch emproyee shall be -1(Three Rupes) Payable every six 1111211.54.P.11r.o ad., al _Lis—Lino° 'us •on±bnaztatliivnoti. (2) nrilJudil7no2 tnr-: te,:e.,ftl " 4 C'eT t; VO M-Pir 9V i cle e.P.I.P ..9•149-.9Y-4.14 e(...eePt j.-AP 1.; i9R PeYeke every six months shall not be leas.ptban one hundred fifty Rupees). . rne.-11 Anyt.) E=13 r.t vj bfrioubbb itb nue NoiA (a) Dori 'Lk' 1:c.3)1P-1).4j(etut..t.9. ,the.t tc ,•:,,cvenrNemPloY.!; iC9.3.11- iiPPT4AD9,PArithq RIppl‘pyas ‘contril?ot ion .9..ria tnaftanployg,ci:s,:corltribu0Eon every year before the 15th day of July..tak-_,L1.5S1-.1 ,day of January." .1 siti bur E x*.io icin4 ,csq ttevoicyni., nit (V) gni,s(1,14„4,1t.l.otw4..thatap4ingi enythinguccorkreipedetin,i other law:df cr.; the a time peingnin iforee/louc,-..s,up.jegt„to the (PrCY1...g.ktlee•-•,..R.f../.t4iPa A9t.izieThd -I the ?.•;1‘.1.:1.9;cemetle thereunder, the emp oyer shall be entitled to recover from the employed the employees contribution by ClpdUcbi9;11,frOM_ tir sn.noti,-ortkeryis,e.. and ) such ded24. ;deemed to, pe-,,afieclucp..49Thamthorieed by or• under—the Payment of iyages,Act, u,19•36:)n(NazD4 of 9/11 ,cijtfflj Ltio.1 end pniwortz: doeidsdsi a . dk its!id in dDS“:1:.:91! . oi &di dined Providedslthatnq such-,deduction• shall.] be. Made in excesp.(of the,smount-s.fi theicontril?titi,on..pgylb.r.spy sucty emp/1:9Yce,,ne;.•Thi 0,.P,1k.d.tt, Pei f K9rn anyagfroti than thermageu..rfor,theenenth ofJune pndri(pecerr,(„D7, 7 di yFoyi,..cledifurther,..thatr f f thr.ough.inedvertence or for unavoidable circtunstance ta-be recordedAlawriting nqdqdqçtiqnhabçefl made f rouLthe-,livage.a...o f iapiiemployee ••- - • - Amended by Act No. 11 of 1996. I. etioiniq Inserted by Act No. 11 r. 1996. 37—Substituted- by t- 'Ac NO77 9 "Of-1997 . legs io 11 lnA yd bro.11'..1:11 .2 flQL So It or: 141A Y1 b.rbner:A 66 for the months aforesaid, such deduction may be made from the wages of. such employees Lir any subsequent month or months after intimation in writing to the Inspector. 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. 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. 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. . 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 fromitheWelfare 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 Governmcint may revise the rate of contribution payable by the 'employee and the employer by notification subject to the condition of previous publication.".] Inserted by Act No. 11 of 1996. Amended by Act No. 11 of 1996. 67