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    The Kerala Payment of Subsistence Allowance Rules, 1974

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    Teena Batra
    These rules establish the process for recovering subsistence allowance from employers for employees in Kerala who have been suspended from 1974 onwards. The key details are: 1) When an employee is suspended, the employer must notify the government authority within 14 days. 2) An employee can apply to the government in quintuplicate for recovery of any money due using Form A. 3) The government will send the application to a conciliation officer for inquiry and report within 3 months, and may proceed without the employer if they avoid inquiry. 4) If the government is satisfied money is due based on the report, it will issue a certificate to the Collector for recovery as an arrear of land revenue.

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    © All Rights Reserved
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    The Kerala Payment of Subsistence Allowance Rules, 1974

    Uploaded by

    Teena Batra
    140 views4 pages
    These rules establish the process for recovering subsistence allowance from employers for employees in Kerala who have been suspended from 1974 onwards. The key details are: 1) When an employee is suspended, the employer must notify the government authority within 14 days. 2) An employee can apply to the government in quintuplicate for recovery of any money due using Form A. 3) The government will send the application to a conciliation officer for inquiry and report within 3 months, and may proceed without the employer if they avoid inquiry. 4) If the government is satisfied money is due based on the report, it will issue a certificate to the Collector for recovery as an arrear of land revenue.

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    The Kerala Payment Of Subsistence Allowance Rules, 1974

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    These rules establish the process for recovering subsistence allowance from employers for employees in Kerala who have been suspended from 1974 onwards. The key details are: 1) When an employee is suspended, the employer must notify the government authority within 14 days. 2) An employee can apply to the government in quintuplicate for recovery of any money due using Form A. 3) The government will send the application to a conciliation officer for inquiry and report within 3 months, and may proceed without the employer if they avoid inquiry. 4) If the government is satisfied money is due based on the report, it will issue a certificate to the Collector for recovery as an arrear of land revenue.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    140 views4 pages

    The Kerala Payment of Subsistence Allowance Rules, 1974

    Uploaded by

    Teena Batra
    These rules establish the process for recovering subsistence allowance from employers for employees in Kerala who have been suspended from 1974 onwards. The key details are: 1) When an employee is suspended, the employer must notify the government authority within 14 days. 2) An employee can apply to the government in quintuplicate for recovery of any money due using Form A. 3) The government will send the application to a conciliation officer for inquiry and report within 3 months, and may proceed without the employer if they avoid inquiry. 4) If the government is satisfied money is due based on the report, it will issue a certificate to the Collector for recovery as an arrear of land revenue.

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    THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE

    RULES, 1974
    Contents
    1. Short Title and commencement ...................................................................................................... 3
    2. Definitions ....................................................................................................................................... 3
    3. Notice of suspension ....................................................................................................................... 3
    4. Application for recovery of dues ..................................................................................................... 3
    5. Recovery of dues ............................................................................................................................. 3
    6. [Display of abstract of the Act and Rules ........................................................................................ 4
    THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE RULES, 19741
    In exercise of the Powers conferred by Section 12 of the Kerala Payment of Subsistence
    Allowance Act, 1972(27 of 1973) the Government of Kerala; hereby make following rules,
    namely:-
    1. Short Title and commencement
    (1) These rules may be called the Kerala Payment Of Subsistence Allowance Rules.
    (2) They extend to the whole of the State of Kerala.
    (3) They shall come into force at once.
    2. Definitions
    In these rules, unless there is anything repugnant in the subject or context.
    (a) "Act" means the Kerala Payment of Subsistence Allowance Act, 1972 (27 of
    1973):
    (b) "form" means a form appended to these Rules;
    (c) "Section" means a section of the Act.
    3. Notice of suspension
    When an employee is placed under suspension the employer shall intimate the fact of
    such suspension to government, and the authority notified under section II of the Act
    having jurisdiction over the area within fourteen days of such suspension:
    Provided that where an employee has been placed under suspension before the
    commencement of this Act and such suspension is in force at such commencement,
    the notice shall be submitted within fourteen days of the commencement of these
    rules.
    4. Application for recovery of dues
    Where any money is due to an employee from an employer under the Act, the
    employee himself or any other person authorised by him in writing in this behalf, or in
    the case of death of the employee, his legal representative, may apply to the State
    government in Form A in quintuplicate for recovery of the money due to him.
    Explanation: - The same person may be authorised or different employees as their
    legal reprehensive.
    5. Recovery of dues
    (1) One receipt of an application under rule 4, the Government shall send copies of
    the same to a conciliation Officer appointed under the Industrial Disputes Act,
    1947, for an enquiry into the employees, claim and report.
    2
    (2) [The conciliation Officer shall send one of the copies of the application to the
    employer concerned by registered post with acknowledgment due directing him
    to submit his comments on the employees claim within seven days from the date
    of receipt of the same. After giving the parties an opportunity of being heard, the
    conciliation Officer, shall submit a report to the Government within a period of
    three months from the receipt of the application in his office specifying the
    amount, if any, due from the employer to the employee and enclosing thereto all
    the documents relating to the enquiry held by him].
    3
    (3) [If the employer concerned is repeatedly absenting or avoiding enquiry after
    due service of notice without sufficient cause, the conciliation Officer may
    proceed to hear and decide the application ex parte]
    4
    (4) [If one a consideration of the report submitted by the conciliation Officer the
    government is satisfied that any money is due by the employer to the employee,
    it shall issue a certificate to the Collector under Section 4 of the Act for recovery
    of the same amount, who shall proceed to recover the same in the same manner
    as an arrear of land revenue.]
    5
    6. [Display of abstract of the Act and Rules
    The employer shall display an abstract of the Act and the rules made thereunder which
    shall be in 'Form B' in English and in the language understood by the majority of the
    employees at a conspicuous place at or near the main entrance of the establishment.]

    1 Pub. in G.O. (MS) No 6/74 LBR dt. 2-2-1974 in K.G. Ex. No. 117 dt 2-2-1974 as SRO No. 82/74.
    2 Sub-rule (2) subs. by SRO. No. 602/79 (w.e.f 1-6-1979), earlier it read as follows : "(2) The conciliation Officer shall send one of the copies
    of the application to the employer concerned by registered post with the acknowledgment due directing him to submit his comments on
    the employee's claim within seven days of the receipt of the same. After giving the parties an opportunity of being heard, the conciliation
    Officer shall submit a report to the Government specifying the amount, if any, due by the employer to the employee and enclosing thereto
    all the documents relating to the enquiry held by him"
    3 Original sub-rule (3) renumbered as sub-rule (4) and new sub-rule (3) inserted by S.R.O No. 602/79, w.e.f 1-6-1979.
    4 Original sub-rule (3) renumbered as sub-rule (4) and new sub-rule (3) inserted by S.R.O No. 602/79, w.e.f 1-6-1979.
    5 Rule 6 substituted by SRO 798/75 dt 30-8- 75 in K.G No. 36 dt 16-9-75.

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