Section 46(4) in West Bengal Municipal (Employees' Service) Rules, 2010
(4)Recovery may also be made from the subsistence allowance to the employee with his written consent and to the extent agreed upon in respect of the following, namely :(i)Subscriptions to o Provident Fund;(ii)Premium due on Postal Life insurance Policies;(iii)Dues of any Co-operative Society; and(iv)Amount due or the Court attachment.Note 1 : When an employee under suspension was in the temporary post before he was placed on suspension, the question of extension of the term of the temporary post may arise. The competent authority shall take a decision whether the individual who is due to be discharged on account of the expiry of the sanction of the post held by him or otherwise becomes liable to be retrenched or whether, to enable disciplinary proceedings being continued, steps should be taken to provide a post for him. In the latter case his post may be extended by the competent authority.Note 2 : (i) The subsistence allowance shall not be denied on any ground unless an employee is unable to furnish a certificate that he is not engaged in other employment, business, profession or vocation during the period of suspension.(ii)Each claim for subsistence and compensatory/House Rent allowance shall be supported by a certificate by the employee concerned to the effect that he is not engaged in any employment, business, profession or vocation during the period to which the claim relates.(iii)Review(a)First ReviewA review of the subsiStence allowance shall be made before the end of three months from the date of suspension. This will also give an opportunity to the competent authority to review not merely the subsistence allowance but also the substantive question of suspension.(b)Second or subsequent review(s)There is no objection to such review(s) being made by the competent authority. Such authority shall be competent to increase or decrease the rate of subsistence allowance upto 50% of the amount of the subsistence allowance initially granted according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the competent authority.(c)Retrospective Revision It is not considered advisable that any order revising the rate of subsistence allowance should be given retrospective effect. This is merely an advice of caution intended to serve, as a guideline to the competent authority ordering variation in subsistence allowance as such authority in all cases shall initiate action in sufficient time so that requisite order can take effect as soon as a suspended employee completes three months under suspension. This does not override the power of the competent authority conferred under this rule to review the subsistence allowance. As such in case an order for variation of subsistence allowance under this rule is passed by the competent authority (disciplinary or appellate) after quite some time from the expiry of the requisite three months and that authority is satisfied that the variation has got to be recorded in writing and orders accordingly, the same shall be valid and binding on all concerned.(d)Deemed suspension and law of limitation :An employee in whose case the order of suspension is deemed to have been continued in force or who is deemed to have been placed under suspension from the date of original order of dismissal/removal/compulsory retirement from service, he is to be paid subsistence and other allowances under this rule with retrospective effect from the date of order of such dismissal/ removal/compulsory retirement.
