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Bare acts > Punjab Labour Welfare Fund Act, 1965 > Section 9
 
  


 

9. Unpaid accumulations and claims thereto. – (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 employee 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.

(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 establishment in which the unpaid accumulations was earned;

(b) published in the Official Gazette and also in any two newspapers in both the regional languages of the State having large circulation in the area in which the establishment is situated 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 aforesaid in June and December of every year, for a period of three years from the date of payment of the unpaid accumulations 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 notice or otherwise within a period of four years from the date of first publication of the notice in respect of such claim, -

(a) where the amount of claim so received is equal to the amount deposited by the management with the Board, the amount of the claim shall be paid by the Board to the employee concerned; and

(b) in any other case, the Board shall transfer such claim to the Authority appointed under section 15 of the payment of Wages Act, 1936, having jurisdiction in the area in which the establishment is or has been 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 accumulations 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 to the Court of District Judge and 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 the appeal aforesaid, and the decision in appeal shall be final and conclusive as to the right 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 a 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 boan vacantia, and shall thereafter, without further assurance, be deemed to be transferred to, and form party of, the Fund.

 

 

 

 

 

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