Section 48 in The Tamil Nadu Co-Operative Societies Act, 1983
48. Deduction from salary, wages or gratuity.
(1)A member of a registered society may execute an agreement in favour of that society providing that-(a)his employer or the officer disbursing his salary or wages shall be competent, on a requisition in writing from the society to deduct every month from the salary or wages payable to him such amount as may be specified in the requisition towards the amount; and(b)if he ceases to be an employee, his employer shall be competent on a requisition in writing from the society to deduct from the gratuity payable to such employee such amount as may be specified in the requisition towards the entire balance, due by him to the society in respect of any debt or other demand owing by the member to the society.(2)(a)Where any such agreement as is referred to in sub-section (1) has been executed by a member of a registered society, the employer or the officer disbursing the salary or wages of such member shall, on receipt of a requisition from the society, make the deduction from the salary or wages or the gratuity, as the case may be, payable to the member in accordance with the requisition, and pay, [within a period of fourteen days from the date on which such deduction is made] [Substituted for 'within such time as may be described' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] in respect of any society or class of societies, the amount so deducted, to the society.(b)Where the amount to be deducted in any month in accordance with the requisition made by a society, or where a requisition has been made by two or more societies in respect of the same person, the total amount to be deducted in accordance with all the requisitions exceeds one-half of his gross, salary or wages for the month, the employer or the officer disbursing the salary or wages shall deduct from the salary or wages of such person only a sum representing one-half of his gross salary or wages for the month. The amount deducted shall, where deductions have been made against requisitions received from two or more societies, be paid by the employer or the officer disbursing the salary or wages to all the societies in proportion to the amounts to be deducted according to their requisitions:Provided that where any amount is due to such class of registered societies as may be prescribed, the entire net salary or wages for the month or such portion thereof as may be prescribed in respect of any such class of societies may be deducted and paid as aforesaid.(c)Where a requisition has been made by two or more societies for deduction from the gratuity in respect of the same person, the amount deducted from the gratuity shall be pa id by the employer to all the societies in proportion to the amounts to be deducted according to their requisitions.(3)The employer or the officer disbursing the salary or wages shall maintain such registers as may be prescribed.(4)The provisions of this section shall apply to all such agreements of the nature referred to in sub-section (1) as are in force at the commencement of this Act and also to agreements of the said nature executed by the members of any society registered or deemed to be registered in any other State having reciprocal arrangements with the State of Tamil Nadu.(5)The requisition in writing from any society registered or deemed to be registered in any other State having reciprocal arrangements with the State of Tamil Nadu in respect of a member of that society who, for the time being is employed in the State of Tamil Nadu, received by his employer or the officer disbursing the salary or wages of such member, shall be acted upon as if such requisition had been made by a society registered in the State of Tamil Nadu and the provisions of sub-section (2) in so far as it applies to a requisition made under sub-section (1) shall apply to requisition made under this sub-section.(6)If any employer or the officer disbursing the salary or wages of any such member as is referred to in sub-section (1) or sub-section (5), fails to comply with any of the provisions of this section, he shall be punishable with fine which may extend to [five thousand rupees] [Substituted for 'five hundred rupees' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] and in the case of a continuing offence, with further fine of [five hundred rupees] [Substituted for 'fifty rupees' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] for each day on which the offence is continued after conviction therefor.(7)The provisions of this section shall apply notwithstanding any law to the contrary for the time being in force.(8)Without prejudice to any other mode of recovery which is being taken or may be taken under this Act or any other law for the time being in force, any sum deducted under sub-section (2) or sub-section (5), but not paid to the society [within a period of fourteen days on which such deduction is made] [Substituted for 'within the prescribed time' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.] may be recovered together with interest at such rate as may be prescribed from the date of such deduction and the costs involved in such recovery as if it were an arrears of land revenue and for the purposes of such recovery, the Registrar shall have the powers of a Collector under the Tamil Nadu Revenue Recovery Act, 1884 (Tamil Nadu Act II of 1864).(9)Nothing contained in this section shall apply to establishments under a railway administration operating any railway as defined in clause (20) of Article 366 of the Constitution.Explanation. - For the purpose of this section and the Explanation under clause (a) of section 143 "State having reciprocal arrangements with the State of Tamil Nadu" means such State having reciprocal arrangements as the Government may, by notification, specify in this behalf.
