Section 8 in Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971
8. Claims to be satisfied out of compensation.
(1)The Corporation may prefer to the prescribed authority any claim based on any loss sustained by the Corporation by reason of any property, asset, book of account, register or any other document comprised in the scheduled undertaking not having been delivered on accordance with the provisions of Section 5.(2)Any cane-grower or cane growers' cooperative society may prefer to the prescribed authority any claim in respect of price of sugarcane supplied by him or by its members, as the case may be, to the scheduled undertaking before the appointed day or interest thereon or the society's commission in respect of the sugarcane so supplied.(3)Without prejudice to the provisions of sub-section (2), the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding dues referred to in that sub-section.(4)The Employees' Provident Fund Commissioner or the Employees State Insurance Corporation may send to the prescribed authority a certificate in respect of either the employees contribution or the employers' contribution realised by the Employer or any other dues recoverable from the employer under the Employee's State Insurance Act. 1948 (Act XIX of 1952), or the Employee's State Insurance Act. 1948 (Act XXXIV of 1948), as the case may be, in respect of any person who was employed in connection with the scheduled undertaking immediately before the appointed day, that the employer may have failed to pay in accordance with the respective Act.(5)Any person who has employed exclusively fir connection with the scheduled undertaking immediately before the appointed day, whether he does or does not become an employee of the Corporation under Section 16, or ceases to be in such employment, or any trade union of which such person was member may prefer to the prescribed authority any claim relating to any salary, wages, retaining allowance, leave salary, bonus, pension, provident fund, gratuity or other payment due to him, or the proportionate amount thereof, in respect of nay service rendered by him in connection with the undertaking before the said day.(6)Without prejudice to the provisions of sub-section (5), the Corporation may send to the prescribed authority a certificate containing particulars of any outstanding due referred to in that sub-section in so far as they relate to persons who were employed as aforesaid before the appointed day and who on and from that day become employees of the Corporation under Section 16.(7)A claim mentioned in sub-section (1), sub-section (2) or sub-section (5), may be preferred whether or not a decree or award has been obtained on the basis thereof and it shall conform generally to the requirements of Orders VII and of the Code or Civil Procedure, 1908), as if it were a plaint.(8)A certificate mentioned in sub-section (3), or sub-section (6), may be sent whether or not any recover y certificate or other process has been issued or other legal proceedings have been taken before the appointed day in respect of dues referred to that sub-section, and shall be conclusive evidence of the matters stated therein.(9)The prescribed authority shall hold such inquiry as it thinks fit, and subject to the provisions of sub-section(8) of section 9, adjudicate on the claims mentioned in this section and also on any dispute as to title or the compensation.(11)The amount of compensation shall be applied to the satisfaction of the claims mentioned in sub-section (6) of Section 7 and the foregoing sub-section, in the following order;(a)claims mentioned in sub-section (1);(b)claims mentioned in Cl. (a) of sub-section (6) of section &;(c)claims mentioned in Cls. (b)_ (c) and (d) of sub-section (6) of section 7;(d)claims mentioned in Cl. (e) of sub-section (6) of Section 7;(e)other claims mentioned in the clause of sub-sections.(12)The claims mentioned in each clause of sub-section (11) shall rank equally between themselves, and if the balance referred to in that sub-section is insufficient to meet them they shall be satisfied proportionately.(13)The claims mentioned in the foregoing sub-sections shall be preferred or certificate in respect there sent to the prescribed authority within four months from the appointed day:Provided that any period referred to in the proviso to sub-section (1) of Section 7 shall be excluded while computing the said period;Provided further that nothing in the foregoing sub-section shall be constructed to require any claims to be preferred or certificate to be issued in respect of any amount deducted by the State Government under clause (b) clause (c) or clause (d) of sub-section (6) of Section 7.(14)The claims referred to in sub-section (11) shall be satisfied from the amount available out of compensation by the State Government or the prescribed authority, as the case may be and the liability of any person interested in the scheduled undertaking shall, to the extend of such payment, stand discharged.(15)If the State Government pays any amount to any person which, according to the decision of the prescribed authority, was not payable to him or exceeded the amount payable to him, the prescribed authority may make an order for the refund to such amount or, as the case may be, the excess amount, and such order shall have the force of a decree of a Civil Court.(16)The prescribed authority may disburse the sums deposited with it in accordance with its decisions or the decisions of the Tribunal, as the case may be and may make such interim orders respecting the withdrawal or investment of the whole or part of any such sum as it thinks just and expedient.Explanation. - In the Section and in section 16, a person employed exclusively in connection with the undertaking immediately before the appointed day includes a seasonal worker who was in receipt of retaining allowance immediately before such day but does not include any other casual worker.
