Kerala Payment of Subsistance Allowance Act, 1972

No: 27 Dated: Sep, 14 1973

THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1972

(Act 27 of 1973)

    An Act to provide for the payment of subsistence allowance to the employees in certain establishments during the period of suspension.

    Preamble. - Whereas it is expedient to provide for the payment of subsistence allowance to the employees in certain establishments during the period of suspension ;

Be it enacted in the Twenty-third Year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Payment of Subsistence Allowance Act, 1972.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "employee" means any person employed in or in connection with the work of any establishment to do skilled, semi-skilled or unskilled manual, supervisory, technical, clerical or any other kind of work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in a managerial or an administrative capacity or as an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the employer to be cleaned, washed, altered, ornamented or repaired by such out-worker in any place not under the control and management of the employer ;

(b) "employer" means the owner of an establishment and includes any person responsible to the owner for supervision and control of the establishment;

(c) "establishment" means any place where any industry, trade, business, undertaking, manufacture, occupation or service is carried on, but does not include any office or department of any Government or any establishment of any railway, major port, mine or oilfield;

(d) " period of suspension" in a case where express permission of the authority under sub-section (1) of section 33 of the Industrial Disputes Act, 1947, is necessary before the employment of an employee can be validly terminated includes the period until such permission is obtained and termination of service is effected;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "suspension" means an interim decision of an employer as a result of which an employee is debarred temporarily from attending his office and performing his functions in the establishment where he is employed, such restriction being imposed on the employee on the ground either that a disciplinary proceeding has already been, or is shortly to be, instituted against him or that a criminal proceeding in respect of an offence alleged to have been committed by him is under investigation or trial;

(g) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, and includes-

(i) such allowances (including dearness allowance) as the employee is for the time being entitled to;

(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food- grains or other articles;

(iii) any travelling concession; but does not include-

(i) any bonus;

(ii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time being in force;

(iii) any gratuity payable on the termination of his service.