Section 8 in Tamil Nadu Fleet Operators Stage Carriages (Acquisition) Act, 1971
8. Compensation liable to deduction in certain cases.
(1)The Employees' Provident Fund Commissioner or the Employees' State Insurance Corporation may send to the arbitrator a certificate in respect of either the employer's contribution or the employees' contribution realised by the employer or any other dues recoverable from the employer under the Employees' Provident Funds Act, 1952 (Central Act XIX of 1952) or the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), as the case may be, in respect of any person who was exclusively employed in connection with the acquired property immediately before the notified date that the employer may have failed to pay in accordance with the respective Acts.(2)[(a)] [Sub-section (2) of section 8 was lettered as clause (a), of that subsection by section 3 of the Tamil Nadu Fleet Operators Stage Carriages (Acquisition) Amendment Act, 1972 (Tamil Nadu Act 30 of 1972), which was deemed to have come into force on the 7th December 1971.] Any person who was employed exclusively in connection with the acquired property immediately before the notified date may prefer before the arbitrator any claim relating to any salary, wages, leave salary, bonus, pension, gratuity, provident fund, or other payment due to him or the proportionate amount thereof in respect of any service rendered by him in connection with the acquired property.(b)[ Where under any law, award, agreement, contract of service or otherwise, the salary, wages, leave salary, bonus, pension, gratuity, provident fund, or other payment referred to in clause (a) becomes payable to the person mentioned in that clause after a specified period of service rendered by such person in connection with the acquired property and where the acquired property vests in the Government under sub-section (1) of section 3 before the expiry of the said specified period, the fleet operator shall be liable to pay in respect of such salary, wages, leave salary, bonus, pension, gratuity, provident fund or other payment, an amount equal to the amount which bears to the full salary, wages, leave salary, bonus, pension, gratuity, provident fund or other payment payable after the expiry of the said specified period, the same proportion as the period up to the notified date bears to the whole of the said specified period.] [Added by section 3 of the Tamil Nadu Fleet Operators Stage Carriages (Acquisition) Amendment Act, 1972 (Tamil Nadu Act 30 of 1972), which was deemed to have come into force on the 7th December 1971.](3)Subject to the provisions of sub-section (1), the Government shall, after the claims of secured creditors are satisfied, be entitled to deduct from the compensation payable to the fleet operator an amount equal to the amount required to discharge the liabilities referred to under sub-sections (1) and (2) or obligation of whatever kind (including liability in respect of provident or superannuation fund or any other fund subsisting with the fleet operator on the notified date) in relation to persons who have become the employees of the corporation or company under sub-section (3) of section 15.(4)The claims made under sub-section (1) or sub-section (2) and any dispute regarding the amount to be deducted under sub-section (3) shall be decided by the arbitrator who shall follow such procedure as may be prescribed in this behalf.
