Section 7 in The Berhampore Electric Supply Company Limited (Undertaking) Acquisition Act, 1981.
7. Deduction from the gross amount. -
(1)Notwithstanding anything to the contrary contained in any other law for the time being in force, the Board shall be entitled to deduct the following amounts from the gross amount payable to the licensee under this Act:-(a)the amount, if any, due from the licensee under any mortgage or charge;(b)the amount, if any, due on account of salary or wages, leave-salary or leave-wages, bonus, gratuity, retrenchment compensation, contribution to provident fund or on similar or other account from the licensee to the employee employed in the affairs of the undertaking immediately before the appointed day;(c)the amount, if any, already paid by the Board to licensee in advance;(d)the amount due, if any, including interest thereon from the licensee to the Board, for energy supplied by the Board before the appointed day;(e)all amounts and arrears of interest, if any, on such amounts due from the licensee to the State Government;(f)the amount, if any, which the Board is entitled to deduct under section 6;(g)the amount of all loans due from the licensee to any financial institution constituted by or under the authority of the State Government and arrears of interest, if any, on such loans;(h)all advances from consumers and prospective consumers and all sums which have been or ought to be set apart to the credit of the consumers fund, in so far as such advances have not been paid by the licensee to the Board;(i)the amount remaining in tariffs and Dividend Control Reserve, Contingencies Reserve, Development Reserve and rebate to consumers account, in so far as such amount has not been paid by the licensee to the Board;(j)the amount, if any, due from the licensee under any debt or obligation:Provided that before making any deduction under this section the licensee shall be given a notice to show cause against such deduction within a period of fifteen days from the date of receipt of such notice.(2)The amount referred to in clause (b) of sub-section (1) shall, on adjustment of the amount, if any, due from the employee to the licensee immediately before the appointed day, have preference to all amounts due under clauses (d), (e), (g) and (j) of sub-section (1) and shall be payable out of the amount payable to the licensee under this Act after deduction therefrom of the amounts, if any, that may be due from the licensee under clauses (a), (c), (f), (h) and (i) of sub-section (1).(3)If, however, the amount payable under this Act after deduction therefrom of the amounts, if any, that may be due under clauses (a), (c), (f), (h) and (i) of sub-section (1) falls short wholly or in part of the amount referred to in clause (b) of sub-section (1) on adjustment of the amount, if any, due from the employee to the licensee immediately before the appointed day, the Board shall be liable to pay such amount due to the employee to the extent of such shortage.(4)The licensee shall, within such period as may be specified in this behalf by the State Government by notification, submit to the Board a statement containing the following particulars-(a)the amount due under different heads of account to each employee from the licensee,(b)the amount, if any, due to the licensee from each such employee with reason therefor, and(c)the amount due on adjustment to each employee, and shall furnish to each employee a copy of such portion of the statement as relates to such employee.(5)An employee may, within fifteen days of the receipt of the copy of the statement relating to him, submit in writing his objection thereto to the Board and send a copy of the objection to the licensee.(6)If no objection is submitted by an employee under sub-section (5), the amount shown on adjustment to be due to him in the statement shall be deemed to be the amount determined to be due to him.(7)On receiving an objection under sub-section (5), the Board shall give notice to the employee and the licensee of the date fixed for hearing of the objection and, after hearing the employee and the licensee and taking into account the evidence adduced, shall determine the amount due to the employee. If the licensee fails to appear at the hearing, the amount due to the employee shall be determined ex parte. If the employee fails to appear at the hearing the objection shall stand rejected.(8)If the Board is of opinion on the application of the employee or the licensee or of its own motion that some relevant facts had not been disclosed or considered at the time of determination under sub-section (6) or under sub-section (7) it may review the matter and determine the amount due to the employee.
