(1) An employee who is. placed under suspension shall, during the period of such suspension, be entitled to receive .payment from the employer as subsistence allowance) an amount equal to fifty per centurn of the wages which the employee was drawing immediately before such suspension:
Provided that where the period of suspension exceeds 90 days the amount of subsistence allowance shall: be increased after the expiry of 90 days to seventy-five per eentunt of the wages which the employee was drawing immediately before such suspension:
Proivded further that an employee shall not be entitled to any subsistence allowance if he accepts employment during the period of - suspension in any place other than the establishment, where he had been working immediately before his suspension.
The West Bengal Payment of Subsistence Allowance Act, 3
1.969.
XXXV111 101 1969.]
(Sections 4-7.)
(2) 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) but when an employee is exonerated of the charge which caused his suspension the subsistence allowance paid to him for any period shall be adjusted against the full wages admissible to him for the same period.
4.. Where 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 mod of recovery, make an.
application to the State Government in such manner as may be prescribed for the recovery of money due to him, and if the State Government, after giving the employer an opportunity of being heard, in such manner as may be prescribed, is satisfied that any money is so due, it shall. issue a certificate for that amount to the Collector 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 State Government is satisfied that the applicant had sufficient cause for not making the application within the said period.
5. Nothing in this Act shall affect any right or privilege to which any employee is entitled 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.
6.. The State Government may, if it thinks fit so to do in the public interest, by notification, in the Official Gazette, 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.
7. The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in such notification, be exercisable also by such officer or authority subordinate to the State Government as -m.ay be specified in the said notification.
Recovery of money due from an employer.
Saving of certain rights and privileges.
Power to grant exemption.
Delegation of powers.
4 The West Bengal Payment of Subsistence Allowance Act,
1969.
[West Ben. Agt XXXVH; n? 14260,1 (Sections 8--13.)
Protection 8. No suit, prosecution or other legal proceeding shall of action lie against any person for anything which is in good faith taken under the done or intended to be done in pursuance of this Act or the Act. rules made thereunder.
Penalties. 9. Whoever 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 be not less than one thousand rupees or with both.
Offence by Companies, etc.
Cognizance of offence.
10. Where a person committing an offence under this.
Act is a Company or other body corporate or an. association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves_ that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.