West Bengal Payment of Subsistence Allowance Rules, 1971

The West Bengal Payment of Subsistence Allowance Rules, 1971

1. Short title

These rules may be called the West Bengal Payment of Subsistence Allowance Rules, 1971.

2. Definitions

In these rules, unless there is anything repugnant in the subject or context,-

(a) “the Act” means the West Bengal Payment of Subsistence Allowance Act, 1969;

(b) “form” means a form appended to these rules;

(c) “section” means a section of the Act.

3. 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 by different employees or their legal representatives.

4. Recovery of dues

(1) On receipt of an application under-rule 3 the State 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) The Conciliation Officer shall send one of the copies of the application to the employer concerned by registered post with acknowledgement due directing him to submit his comments on the employee’s claim within seven days of receipt of the same. After giving the parties an opportunity of being heard the Conciliation Officer shall submit a report to the State Government specifying the amount, if any, due by the employer to the employee and enclosing thereto all the papers relating to the enquiry held by him.

(3) If on a consideration of the report submitted by the Conciliation Officer the State 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.