Section 6   [ View Judgements ]

RECOVERY OF HOUSE-RENT ALLOWANCE AS FINE


(1) If the house- rent allowance payable under this Act is not paid by the employer within the prescribed period, the workman or any person authorised by him in writing in this behalf, or, in case of his death, his heir or legal representative, may, without prejudice to any other mode of recovery, make an application, in such form and in such manner as may be prescribed, to the Controlling Authority having jurisdiction, for the recovery of the amount of the house-rent allowance due to him from the employer

Provided that such application shall be made within a period of one year from the date of the house rent allowance became due

Provided further that such application may be entertained after expiry of the said period of one year, if the Controlling Authority is satisfied that the workman had sufficient cause for not making the application in time.

(2) The Controlling Authority to whom an application under sub section (1) is made may, after giving the applicant and the employer concerned a reasonable opportunity of being heard and after making such further inquiry as may be considered necessary, determine the amount of house-rent allowance due to the applicant and may, by order, direct, without prejudice to any other action which may be taken under this Act or any other law for the time being in force against the employer, the payment to the applicant of the amount of house-rent allowance as so determined.

(3) An appeal shall lie, in the prescribed manner and within the precribed period, from an order of the Controlling Authority dismissing any application made under sub-section(1) or giving any direction under sub-section (2), to such Appellate Authority, not below the rank of Deputy Commissioner of Labour, as the State Government may, by notification in the Official Gazette, appoint in this behalf, and different Appellate Authorities may be appointed for the same or different industries or for the same or different areas.

(4) Any order made by the Controlling Authority under this section, subject to an appeal to the Appellate Authority, and any order made by the Appellate Authority on any such appeal shall be final.

(5) Any amount of the house-rent allowance found due and directed to be paid by any order made under this section, which has become final may be recovered by any Judicial Magistrate to whom the Controlling Authority makes an application in this behalf, as if it were a fine imposed by such Magistrate and shall be paid to the applicant concerned or his heir or legal representative, as the case may be.

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