THE KARNATAKA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 19881 [Act, No. 18 of 1992] [24th December, 1988] PREAMBLE An Act to provide for the payment of subsistence allowance to employees during the period of suspension. W HEREAS it is expedient to provide for the payment of subsistence allowance to employees during the period of suspension for the purposes hereinafter appearing; B E it enacted by the Karnataka State Legislature in the Thirty-ninth Year of the Republic of India as follows:- _______________________ 1. First published in the Karnataka Gazette Extraordinary on the fifteenth day of July, 1992.
View Complete Act List Judgments citing this section(1) This Act may be called the Karnataka Payment of Subsistence Allowance Act, 1988. (2) It shall come into force at once.
View Complete Act List Judgments citing this section.....and control of employees in such establishment; (c) "establishment", means any place where any industry, trade, business, undertaking, manufacture, occupation or service is carried on, and with respect to which the executive power of the State extents, but does not, include,- (i) any office or department of the Central or the State Government, or (ii) a railway administration; or (iii) any mine or oil field; or (iv) any major port; or (v) any public sector undertaking of the Central Government. Explanation.- For the purpose of this clause "any public sector undertaking of the Central Government" means an establishment owned, controlled or managed by,- (i) the Central Government or a department of the Central Government; (ii) a Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and owned or controlled by the Central Government; (iii) a Corporation established by or under a Central Act, which is owned, controlled or managed by the Central Government; (d) 'Government' means the State Government; (e) "industry" means an industry as defined in section 2 (j) of the industrial Disputes Act, 1947 (Central Act.....
View Complete Act List Judgments citing this section.....not be entitled to receive any subsistence allowance if he accepts any other employment during the period of his suspension in any establishment other than the establishment where he had been working immediately before his suspension. (3) An employee shall not, in any event, be liable to refund or forfeit any part of the subsistence allowance admissible to him under sub-section (1): Provided that where the employee is exonerated of the charge based on which his suspension was ordered, the subsistence allowance paid to him for any period shall be adjusted against the full wages admissible to him for the period of suspension. (4) The subsistence allowance under sub-section (1) shall be paid by the employer to the employee on the date or dates on which the wages due to the employee, but for his suspension, would have become payable.
View Complete Act List Judgments citing this sectionWhere any money is due to an employee from an employer under this Act the employee himself or any other person authorised by him in this behalf, or in the case of the death of the employee, his legal representative may, without prejudice to any other mode of recovery make an application to the Government in such manner as may be prescribed for the recovery of money due to him and if the Government, after giving the employer an opportunity of being heard, in such manner as may be prescribed, are satisfied that any money is so due, they shall issue a certificate for that amount to the Deputy Commissioner who shall proceed to recover the same in the same manner as an arrear of land revenue: Provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer: Provided further that any such application may be entertained after the expiry of the said period of one year, if the Government are satisfied that the applicant had sufficient cause for not making the application within the said period.
View Complete Act List Judgments citing this sectionNothing in this Act shall effect any right or privilege to which any employee is entitled to on the date of commencement of this Act under any law for the time being in force or under any contract, custom or usage which is more favourable to him than any right or privilege conferred upon him by this Act.
View Complete Act List Judgments citing this sectionThe Government may, if it thinks fit so to do, in the public interest, by notification exempt, subject to such conditions, if any as may be specified in such notification, from the operation of all or any of the provisions of this Act, any class or classes of establishments, for such period or periods and for such reasons as may be specified in the said notification.
View Complete Act List Judgments citing this section(1) The Government may, by notification authorise any authority or officer subordinate to it to exercise all or any of the powers vested in it by this Act and may in like manner withdraw such authority. (2) The exercise of any power delegated under sub-section (1), shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notifications and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf. The Government shall also have the power to control and revise the act or proceedings of any officer so empowered.
View Complete Act List Judgments citing this section(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
View Complete Act List Judgments citing this sectionWhoever contravenes any provision of this Act or any rule made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which shall not be less than one thousand rupees or with both.
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