Unpaid accumulations and claims thereto

§6

Summary

(1) Notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid to the Board, which shall keep a separate account therefor until claims thereto have been decided under the succeeding provisions of this section. (2) The unpaid accumulations paid to the Board under sub-section (1) shall discharge the employer of the liability in respect thereof but to the extent only of the amount so paid to the Board, and the liability to make that payment to the employees or their legal representative to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board. (3) As soon as may be after the payment of any unpaid accumulations to the Board under sub-section (1) the Board shall, by notice, which shall contain all such particulars as may be prescribed, and which shall be published in the manner laid down in sub-section 4, invite claims by employees or their legal representatives, as the case may be, for any payment due to them out of the unpaid accumulations so paid to the Board. 1[(4) At least once in three months, the notice under subsection (3) shall, during a period of six months from the date of the payment of the unpaid accumulations to the Board, be (a) exhibited on the notice board of the establishment in which the unpaid accumulations were earned ; (b) sent to the employee, by registered post, at his permanent address ; and (c) given to the trade union, if any, of the concerned establishment, if the employee was member thereof ; ] (5) if any question arises whether the notice referred to in sub-section (3) was published as required by sub-section (4), a certificate of the Board that it was so published shall be conclusive. (6) If a claim in respect of any amount of unpaid accumulations is received 2[within one year from the date of the first notice] in respect of such amount, the claim shall be transferred by the Board to the authority appointed under section 15 of the Payment of Wages Act, 1936, having jurisdiction in the area in which the establishment is situated, which shall proceed to hear and determine the claim. (7) The authority hearing any claim filed under sub-section (6) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act No V of 1908), when trying a suit, in respect of the following matters, namely- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; and (c) any other matters which may be prescribed. (8) If the authority aforesaid is satisfied that a claim in respect of any amount out of the unpaid accumulations is valid it shall order that such amount shall be paid by the Board to the person or persons mentioned in such order and thereupon the Board shall make the payment accordingly. The decision of the authority, subject to the result of appeal, if any, under sub-section (9) shall be final. (9) If a claim for payment out of the unpaid accumulations is refused the claimant shall have a right of appeal before the District Judge of the district in which the establishment is situate. The appeal shall lie within 60 days from the date of the order of the authority. The decision of the District Judge in such appeal shall be final. (10) Out of the unpaid accumulations in respect of which claims have been invited under sub-section (3), the amount for which no claim has been made within the time specified in sub-section (6) or in respect of which the claims filed as aforesaid have been finally rejected, shall be deemed to be the abandoned property and shall vest in the State as bona vacantia and shall be deemed to be transferred to and form part of the Fund.

(1) Notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid to the Board, which shall keep a separate account therefor until claims thereto have been decided under the succeeding provisions of this section. (2) The unpaid accumulations paid to the Board under sub-section (1) shall discharge the employer of the liability in respect thereof but to the extent only of the amount so paid to the Board, and the liability to make that payment to the employees or their legal representative to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board. (3) As soon as may be after the payment of any unpaid accumulations to the Board under sub-section (1) the Board shall, by notice, which shall contain all such particulars as may be prescribed, and which shall be published in the manner laid down in sub-section 4, invite claims by employees or their legal representatives, as the case may be, for any payment due to them out of the unpaid accumulations so paid to the Board. 1[(4) At least once in three months, the notice under subsection (3) shall, during a period of six months from the date of the payment of the unpaid accumulations to the Board, be (a) exhibited on the notice board of the establishment in which the unpaid accumulations were earned ; (b) sent to the employee, by registered post, at his permanent address ; and (c) given to the trade union, if any, of the concerned establishment, if the employee was member thereof ; ] (5) if any question arises whether the notice referred to in sub-section (3) was published as required by sub-section (4), a certificate of the Board that it was so published shall be conclusive. (6) If a claim in respect of any amount of unpaid accumulations is received 2[within one year from the date of the first notice] in respect of such amount, the claim shall be transferred by the Board to the authority appointed under section 15 of the Payment of Wages Act, 1936, having jurisdiction in the area in which the establishment is situated, which shall proceed to hear and determine the claim. (7) The authority hearing any claim filed under sub-section (6) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act No V of 1908), when trying a suit, in respect of the following matters, namely- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; and (c) any other matters which may be prescribed. (8) If the authority aforesaid is satisfied that a claim in respect of any amount out of the unpaid accumulations is valid it shall order that such amount shall be paid by the Board to the person or persons mentioned in such order and thereupon the Board shall make the payment accordingly. The decision of the authority, subject to the result of appeal, if any, under sub-section (9) shall be final. (9) If a claim for payment out of the unpaid accumulations is refused the claimant shall have a right of appeal before the District Judge of the district in which the establishment is situate. The appeal shall lie within 60 days from the date of the order of the authority. The decision of the District Judge in such appeal shall be final. (10) Out of the unpaid accumulations in respect of which claims have been invited under sub-section (3), the amount for which no claim has been made within the time specified in sub-section (6) or in respect of which the claims filed as aforesaid have been finally rejected, shall be deemed to be the abandoned property and shall vest in the State as bona vacantia and shall be deemed to be transferred to and form part of the Fund.

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