THE KARNATAKA PAYMENT OF SUBSISTENCE ALLOWANCE RULES, 2004
*
In exercise of the powers conferred by the sub-section 1) of Section 12 of the Karnataka Payment of Subsistence Allowance Act, 1988 (Karnataka Act 18 of 1992) the Government of Karnataka hereby makes the following rules namely:-
1. Title and commencement- (1) These rules may be called the Karnataka payment of Subsistence Allowance Rules 2004.
(2) They Shall come into force from the date of their publication in the Official Gazette.
2. Definitions:- In these rules, unless the context otherwise requires,-
(a) “Act” means the Karnataka Payment of Subsistence Allowance Act, 1988 (Karnataka Act 18 of 1992),
(b) “Form:means a form appended to these rules:
© “Section” means a section of the Act:
(d) “Year”means the year commencing from the 1st day of April.
3. Conditions for payment of subsistence allowances,- The payment of subsistence allowance to an employee shall be subject to the following conditions, namely-
(1) The subsistence allowance shall be paid to an employee either in person or through postal money order. If subsistence allowance is paid through postal money order, the cost of postal commission for the money order shall be borne by the employer:
(2) The subsistence allowance payable under the Act shall be paid in full ubject to the restrictions provided under the Act and it shall not be liable for ny deduction.
(3) The employer shall maintain a register in respect of employees placed under suspension in form 1. The signature of the employee shall be obtained for each payment of subsistence allowance. If subsistence allowance is paid through postal money order, the postal receipt shall be affixed in the register.
Provided that an employer may in case of factories in lieu of Form 1, maintain a combined Muster Roll-cum-Register of wages/salary/subsistence Allowance in Form 22 Specified under Rule 137 of the Karnataka Factories Rules, 1969 and in case of other establishments maintain in lieu of Form 1 a Combined Muster Roll-cum-Register of wages in Form “T” specified under Rule 24(9-B) of the Karnataka Shops and Commercial Establishments Rules 1963.
4. Particular of employees placed under suspension:- Every employer in case of a Factory shall send a combined Annual Return in Form 20 Specified under Sub-rule (1) of Rule 134 of the Karnataka Factories Rules, 1969 and in case of other establishments, shall send a Combined Annual return in Form ‘U’ specified under Rule 24(9-C) of the Karnataka Shops and Commercial Establishments Rules, 1963 to the concerned Authority on or before 1st May of each year, in respect of preceding year.
5. Application for recovery of money due to an employee:- (1) The application under Section 4 Shall be made either by an employee in Form 2 or by a person authorized by the employee or legal representative of the employee in Form 3 in duplicate.
(2) The application in Form 2 or Form 3 shall be sent by registered post acknowledgement due to the Government or the authority or officer authorized by the State Government, by the notification on this behalf.
(3) One copy of the application in Form 2 or as the case may be in Form 3 shall also be sent by registered Post acknowledgement due to the employer by the applicant.
(4) On receipt of application referred to in sub-rule (2) the Government or the Authority or the Officer concerned shall as early as possible send a notice in Form 4 to the employer calling upon him to appear before him and explain why the subsistence allowance due has not been paid, on such date and time as may be specified therein and gave them an opportunity of hearing. The employer by himself or through his representative shall appear and furnish all information and material relevant to the question of payment of subsistence allowances to the employee Similarly, the employee or his representatives shall also produce all relevant documents available with him and furnish relevant information. A copy of the notice shall also be sent to the applicant and he shall be given an opportunity of hearing.
(5)Any person desiring to act or appear on behalf of the employee or employer shall present a letter of authorization duly signed in Form 5 or Form 6, as the case may be.
(6)After giving the employer and employee and opportunity of being heard on the date fixed under sub-rule (4) or after such further evidence, examination of documents, hearing witnesses and enquiry, as may be deemed necessary, an order shall be passed determining the amount if any, that is payable to the employee with a direction that it shall be paid within thirty days of the receipt of such order.
(7) If any of the parties fail to appear without sufficient cause on the specified date of hearing after due service of notice, the application shall be determined ex parte and order shall be passed on merits:
Provided that, an order under this sub-rule may, on good cause being shown within thirty days of the said order, be reviewed and the application be re-heard after giving not less than fourteen days notice to the opposite party, of the date fixed for re-hearing of the application.
6. The period for which register and forms under the rules should be preserved- The register and forms required to be maintained by the employer under the employer under the rules shall be preserved in original for a period of five years after the completion of final payment of the money due to employee under the Act.