Vidhi Codex

section 54

Deduction from salary to meet society's claim in certain cases

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024
Corporate2024155 sections12 chapters
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Chapter IV INCORPORATION, DUTIES AND PRIVILEGES OF SOCIETIES

Statutory text
  1. (1) A member of a society may execute an agreement in favour of the society, providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement, and to pay to the society the amount so deducted in satisfaction of any debt or other demand of the society against the member.
  2. (2) On the execution of the agreement referred to in sub-section (1), the employer shall, if by a requisition in writing so required by the society and so long as the society does not inform that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement, notwithstanding anything to the contrary contained in the relevant law for the time being in force in the Union territory and pay the amount so deducted to the society, within a period of fourteen days from the date on which such deduction is made as if it were a part of the wages payable by him as required under the said Act on the day on which he makes payment and in making such deduction and payment, it shall not be open to the employer to question the validity or otherwise of such debt or demand.
  3. (3) If, after receipt of a requisition made under sub-section (2), the employer at any time fails to deduct the amount specified in the requisition from the salary or wages payable to the member concerned, or makes default in remitting the amount deducted to the society, such employer shall be personally liable for the payment thereof and the amount shall be recoverable on behalf of the society from him as an arrear of land revenue on a certificate being issued by the Registrar after holding such inquiry as he deems fit, and the amount so due shall rank in priority in respect of such liability of the employer as wages in arrears and a certificate so issued by the Registrar shall not be questioned in any court.
  4. (4) Nothing contained in this section shall apply to persons employed in any railway within the meaning of the Constitution and in mines and oil fields.

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