BLWF Act 6A

धारा 6A · [ Unpaid accumulations and claims thereto. [Inserted by Maharashtra Act 36 of 1961, Section 10.]

(1)

All unpaid accumulations shall be deemed to be abandoned property.

(2)

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 by deemed to be transferred to the Board.

(3)

As soon as possible after the payment of any unpaid 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 accumulations were earned, and

[***]

(c)

also published in any two newspapers circulating and in the language commonly understood in the area in which the factory or establishment in which the unpaid accumulation was earned is situate, or in such other manner as may be prescribed, regard being has to the amount of the claim, invite claims by employees for any payment due to them. The notice shall be inserted in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulation to the Board.

(4)

If any question arises whether the notice referred 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 (4 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) followed 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 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 are properly due, to the employee; 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 (1) of Section 3 to the Board as unpaid accumulations, in respect of the claim.

(7)

If a claim for payment is refused, the employee shall have a right of appeal [***] [The words 'in Greater Bombay to the Court of Small Causes and elsewhere' omitted by G.S.R. 1286(E), dated 15.12.1986.] to the District Court, and the Board shall comply with any order made in appeal. An appeal shall lie within sixty days of the decision of the Authority.

(8)

The decision of the Authority, subject to appeal aforesaid, and the decision in appeal of [***] [The words 'the Court of Small Causes, or as the case may be,' omitted by G.S.R. 1286(E), dated 15.12.1986.] the District Court shall be final and conclusive as to the right to receive payment, the liability of tire Board to pay and also as to the amount, if any.

(9)

If no claim is made the time specified in sub-section (5) or a claim has been duly refused as aforesaid by the 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 deemed to be transferred to, from part of the Fund.]

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