Section 6A in The Bombay Labour Welfare Fund Act, 1953
6A. [ Unpaid accumulations and claims thereto. [Section 61 was inserted by Gujarat 47 of 1961, Section 9.]
(1)All unpaid accumulations shall be deemed to be abandoned property.(2)Any unpaid accumulation paid to the Board in accordance with the provisions of Section 3, shall on such payment, discharge an employer of the liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board; and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section be deemed to be transferred to the Board.(3)As soon as possible after any unpaid accumulation is paid to the Board under sub-section (4) of Section 3 of the Board shall by a public notice call upon interested employees to submit to the Board their claims for any payment due to them.(4)Such public notice shall contain such particulars as may be prescribed and it shall be-(a)affixed on the notice board, or in its absence on a conspicuous part of the premises, of each establishment in which the unpaid accumulations were earned.(b)published in the Official Gazette, and(c)published in any two newspapers in the language commonly understood in the area in which such establishment is situated, and circulating therein or in such other manner as may be prescribed, regard being had to the amount of claim.(5)After the notice is first affixed and published under sub-section (4) it shall be again affixed and published from time to time for a period of [one year] from the date on which it was first affixed and published, in the manner provided in that sub-section in the months of June and December [***] [The words 'each year' deleted by Gujarat 5 of 2005, dated 25th February 2005 (w.r.e.f. 31-12-2004).].(6)A certificate of the Board to the effect that the provisions of sub-sections (4) and (5) were complied with shall be conclusive evidence thereof.(7)Any claim received, whether in answer to the notices of otherwise within a period of [two years] [Substituted for 'four years' by Gujarat 5 of 2005, dated 25th February 2005 (w.r.e.f. 31-12-2004).] from the date of the first publication of the notice in respect of such claim, shall be transferred by the Board to the Authority appointed under Section 15 of the Payment of Wages Act, 1936 (IV of 1936), having jurisdiction in the area in which the factory or establishment, is situated, and the Authority shall proceed to adjudicate upon, and decide, such claim. In hearing such claim, the Authority shall have the powers conferred by, and shall follow the procedure (in so far as it is applicable) followed in giving effect to the provisions of that Act.(8)If in deciding any claim under sub-section (7), the Authority allows the whole or part of such claim, it shall declare that the unpaid accumulation in relation to which the claim is made shall to the extent to which the claim is allowed, cease to be abandoned property and shall order the Board to pay to the claimant the amount of the claim is allowed by it; and the Board shall make payment accordingly;Provided that, the Board shall not liable to pay any sum in excess of that paid under sub-section (4) of Section 3 to the Board as unpaid accumulations, in respect of the claim.(9)An appeal shall lie in the City of Ahmedabad to the Court of Small Causes and elsewhere to the District Court against a decision under sub-section (7) rejecting any claim or part thereof, if made within a period of sixty days from the date of such decision.(10)The Board shall comply with any order made in appeal.(11)The decision of the Authority, subject to an appeal as aforesaid, and the decision in appeal of the Court of Small Causes, or as the may be, the District Court, shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount, if any.(12)If no claim is made within the time specified in sub-section (7) or a claim or part thereof has been rejected under the foregoing provisions then the unpaid accumulations in respect of such claim shall accrue to and vest in the State as bona vacantia and shall thereafter without further assurance be deemed to be transferred to, and form part of, the Fund.](13)[ Nothing in the foregoing provisions of this section shall apply to unpaid accumulations not already paid to the Board,(a)in respect of which no separate accounts have been maintained so that the unpaid claims of employees are not traceable, or(b)which are proved to have been spent before the sixth day of December 1961, and accordingly such unpaid accumulations shall not be liable to be collected and paid under sub-section (4) of Section 3].
