Section 8 in The M.P. Shram Kalyan Nidhi Adhiniyam, 1982
8. Unpaid accumulations and claims thereto.
(1)All unpaid accumulations shall be deemed to be abandoned property.(2)Any unpaid accumulations 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 the payment of any unpaid accumulation is made to the Board, the Board shall by notice (which shall contain such particulars as may be prescribed) :-(a)to be displayed on the notice board of the factory or establishment in which the unpaid accumulation was earned; and(b)to be published in a newspaper in the language commonly understood in the area and having circulation in the area in which the establishment in which the unpaid accumulation was earned, is situate invite claims to be filed, within a period of one hundred and eighty days from the date of such display or publication of the notice, by employees for any payment due to them. The notice shall continue to be displayed on the notice Board continuously for a period of one hundred and eighty days from the date it is so displayed.(4)If any question arises whether the notice referred to in sub-section (3) was given as required by that sub-section, a certificate of the Board that it was so given, shall be conclusive.(5)If a claim is received in answer to the notice under sub-section (3), the Board shall transfer such claim to the authority appointed under Section 15 of the Payment of Wages Act, 1936 (No. 4 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 within a period of ninety days from the date on which the claim is transferred to it by the Board. In hearing such claim the Authority shall have the power conferred by and follow the procedure (in so far as it is applicable) laid down for giving effect to the provisions of that Act.(6)If the Authority aforesaid is satisfied that any such claim is valid and the right to receive payment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease to be deemed to be abandoned property, and shall order the Board to pay the whole of the dues claimed, or such part thereof as the Authority decides as properly due, to the employees; and the Boar shall make payment accordingly :Provided that, the Board shall not be 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.(7)If a claim for payment is rejected, the employee shall have a right of appeal to the Industrial Court, and the Board shall comply with any order made in appeal. An appeal shall be within sixty days of the decision of the Authority. The Industrial Court shall give its decision ordinarily within a period of sixty days from the date on which appeal is presented before it.(8)The decision of the Authority, subject to appeal aforesaid and the decision in appeal of the Industrial 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.(9)If no claim is made within the time specified in sub-section (3), or a claim has been duly rejected as aforesaid by the authority, or on appeal by the Court, then the unpaid accumulation in respect of such claim shall accrue to, and vest in, the Board as bona vacantia, and shall thereafter without further assurance be deemed to be transferred to, and form part, of the Fund.(10)Where the authority or the Industrial Court is unable to give its decision within the period specified in sub-section (5) or sub-section (7), as the case may be, it shall record the reasons therefor.
