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Section 36: Recovery of money due from Employer

Headload Workers Act 20 of 1980State Act of Kerala · Act 20 of 1980

(1) Where any money is due to a Head load worker under a settlement or decision referred to in sub-s. (3) or sub-s.(4) or sub-s.(7) of S. 21 or S. 22, the head load worker himself or any other person authorized by him in that behalf or, in the case of death of the head load workor.•his assignees or heirs, may, without prejudice to any other mode of recovery, make an application to the appellate authority for the recovery of the money due to him and if the appeUate authority is satisfied that any money is so due, it shall issue a certificate to the Collector for the recovery of amount and thereupon the Collector shall recover the amount as if it were an arrear of public revenue due on land:

Provided that every such application shall be made within one year from the date on which the money became due to the head load worker.

(2) Any amount due from an employer as contribution to any fund and any other amount due from an employer under this Act or a Scheme or rule made under this Act may, if the amount is in arrears, [the Chief Executive Officer or the Administrator of a committee may, without prejudice to any other mode of recovery, make an application to the Government or an officer authorized by the Government in this behalf for the recovery of the money due, and if the Government or the officer so authorized is satisfied that any money is so due, it or he sha, issue a certificate in the prescribed manner to the Chief Judicial Magistrate having jurisdiction and the Chief Judicial Magistrate shall proceed to realize the money as if it were a fine imposed by such Magistrate.]

Power to recover damages - Where an employer makes default in the payment of any contribution to the fund, the Government may recover from him such damages, not exceeding twenty five per cent of the amount of arrears, as they think fit.

Where this provision sits

ActHeadload Workers Act 20 of 1980
Section36
Marginal noteRecovery of money due from Employer
JurisdictionState of Kerala
StatusIn force as published by the source

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