Tamil Nadu Payment of Subsistence Allowance Act, 1981

No: 43 Dated: Jul, 21 1981

THE TAMIL NADU PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1981

(Tamil Nadu Act 43 of 1981)

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

    BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtysecond Year of the Republic of India as follows:-

1. Short title, extent and commencement:- (1) This Act may be called the Tamil Nadu Payment of Subsistence Allowance Act, 1981.

(2) It extends to the whole of the State of Tamil Nadu.

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

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

(a) "employee" means any person employed in, or in connection with the work or activities of, any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical, clerical or any other kind of work or activities for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person -

(i) who is employed mainly in a management or administrative capacity; or

(ii) who, being employed in a supervisory capacity, [draws wages exceeding three thousand and five hundred rupees per mensem] or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;

(b) "employer" means the owner of an establishment and includes any person entrusted with the supervision and control of employees in such establishment;

(c) "establishment" means any place where any industry, trade, business, undertaking, manufacture, occupation or service is carried on, and with respect to which the executive power of the State extends, but does not include -

(i) any office or department of the Central or the State Government; or

(ii) a railway administration; or

(iii) any mine or oil field; or

(iv) any major port; or

(v) any public sector undertaking of the Central Government.

Explanation. - For the purpose of this clause "any public sector undertaking of the Central Government" means an establishment owned, controlled or managed by -

(1) the Central Government or a department of the Central Government;

(2) a Government company as defined in section 617 of the Companies Act, 1956 (Central Act I of 1956) and owned or controlled by the Central Government;

(3) a Corporation established by or under a Central Act, which is owned, controlled or managed by the Central Government; -

(d) "Government" means the State Government;

(e) "industry" means an industry as defined in section 2(j) of the Industrial Disputes Act, 1947 (Central Act XIV of 1947);

(f) "period of suspension" includes the period taken to obtain permission where such permission of the authority under sub-section (1) of section 33 of the Industrial Disputes Act, 1947 (Central Act: XIV of 1947), is necessary before the employment of an employee is validly terminated;

(g) "suspension" means an interim decision of an employer as a result of which an employee is debarred temporarily from attending to his office and performing his functions in the establishment on the ground that -

(1) an enquiry into grave charges against him is contemplated or is pending or no final order after the completion of the enquiry has been passed; or

(2) a complaint against him of any criminal offence is under investigation or trial or the complaint has not been finally disposed of;

(h) "wages" shall have the same meaning as in clause (rr) of section 2 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947).