Section 3 in Kerala Payment of Subsistence Allowance Act, 1972
3. Payment of subsistence allowance.
(1)Whenever an employee is placed under suspension, he shall be paid by the employer for the period during which he is under suspension subsistence allowance of an amount equal to fifty per centum of the wages which the employee was drawing immediately before such suspension[Provided that,-(a)where the period of suspension exceeds ninety days the amount of subsistence allowance shall, for the period exceeding ninety days, be seventy-five per cent of the wages; and(b)where the period of suspension exceeds one hundred and eighty days, the amount of subsistence allowance shall, for the period exceeding one hundred and eighty days, be equal to the wages,which the employee was drawing immediately before such suspension.] [Substituted by Act 1 of 1979, section 2.]Provided further that an employee shall not be entitled to any subsistence allowance if he accepts employment during the period of suspension in any establishment other than the establishment where he had been working immediately before his suspension.(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.(3)Where any employee has been placed under suspension before the commencement of this Act and such suspension is in force at such commencement, he shall be deemed to have been placed under suspension on the date of such commencement.
