Coal Mines (Nationalisation) Act,1973
Act No : 26
Section :
Priority of claims in relation to arrears of provident fund, etc.
21. Priority of claims in relation to arrears of provident fund, etc. (1) Every person employed by the owner of a coal mine or group of coal mines may make a claim to the Commissioner to the effect that the sums deducted under sub-section (4) of section 7 of the Coal Mines (Taking Over of Management) Act, 1973 (15 of 1973), are not sufficient to meet fully the amount of arrears due to him, on the appointed day within the meaning of that Act, from the owner of such coal mine or group of coal mines,-- (a) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of the persons employed by the owner of a coal mine or group of coal mines, or (b) as wages, and that a sum equal to the deficiency may be recovered from the amount specified in the Schedule against the owner of such coal mine or group of coal mines. (2) Where a claim is made under sub-section (1), the Commissioner shall determine the extent of the deficiency and shall, after such determination, deduct in the first instance, out of the amount paid to him under section 8, a sum equal to the extent of the deficiency determined by him under this sub-section. (3) All sums deducted by the Commissioner under sub-section (2) shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or be paid to the persons to whom such sums are due, and on such credit or payment, the liability of the owner in respect of all the amounts of arrears due as aforesaid shall stand discharged. (4) The deductions made by the Commissioner under sub-section (2) shall have priority over all other debts, whether secured or unsecured.
Read All Comments
