Chapter VI COMMISSIONER OF PAYMENTS

Appointment of Commissioner of Payments.—(1) For the purpose of disbursing the amounts payable to the owner of the sick textile undertaking, specified in the First Schedule, the State Government shall, by notification in the Gazette appoint a person as they may think fit to be the Commissioner

1. (2) The State Government may appoint such other persons as they may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
2. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation.
3. (4) The salaries and allowances of the Commissioner shall be defrayed out of the Consolidated Fund of the State of Kerala.

Payment by State Government to the Commissioner.—(1) The State Government shall, within thirty days from the specified date, pay in cash to the Commissioner, for payment to the owner of the sick textile undertaking, an amount equal to the amount specified against the sick textile undertaking in the First Schedule and shall also pay to the Commissioner such sums as may be due to the owner of the sick textile undertaking under sub-section

1. (2) of section 8 and section 9.
2. (2) A separate account shall be opened by the State Government in favour of the Commissioner and every amount paid under this Act to the Commissioner shall be deposited by him in that account and thereafter such account shall be operated by the Commissioner.
3. (3) Separate records shall be maintained by the Commissioner in respect of the sick textile undertaking in relation to which payments have been made to him under this Act.
4. (4) .

Claims to be made to the Commissioner Claims to be made to the Commissioner.—Every person having a claim against the owner of the sick textile undertaking shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days may entertain the claim within a further period of thirty days but not thereafter.

Examanation of claims.—(1) On receipt of the claims under section 18, the Commissioner shall arrange the claims in the order of priority specified in the Second Schedule and examine the same in accordance with the said order.

1. (2) If, on examination of the claims, the Commissioner is of the opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the liabilities in respect of such lower category.

Admission or rejection of the claims.—(1) After examining the claim with reference to the priority set out in the Second Schedule, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim otherwise be excluded from the benefit of the disbursement made by the Commissioner.

1. (2) . Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of a daily newspaper in the English Language and one issue of a daily newspaper in the Regional Language, as the Commissioner may consider suitable and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement.
2. (3) . Any claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursement made by the Commissioner.
3. (4) . The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving owner of the sick textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part
4. (5) . The Commissioner shall have the power to regulate his own procedure in all

Disbursement of money by the Commissioner to claimants.—After admitting a claim under this Act, the amount due in respect of such claim shall be credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged.

Disbursement of amount to the owner of sick textile undertaking.—

1. (1) If out of the amount paid to him in relation to the sick textile undertaking, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to the owner of such sick textile undertaking.
2. (2) Before making any payment to the owner of the sick textile undertaking under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in section 8, the Commissioner shall refer the matter to the court and make the disbursement in accordance with the decision of the court.
3. (3) For the removal of doubts, it is hereby declared that the entries in column
4. (2) of the First Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to the sick textile undertaking specified in the corresponding entries in column
5. (1) of the said Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such sick textile undertaking.
6. (4) Where any machinery, equipment or other property in the sick textile undertaking has vested in the State Textile Corporation but such machinery, equipment or other property does not belong to the owner of such sick textile undertaking, the amount specified in column
7. (3) of the First Schedule against such sick textile shall, on a reference made to it by the Commissioner, be apportioned by the court between the owner of such sick textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. Explanation;—In this section, "court", in relation to the sick textile undertaking, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction, the sick textile undertaking is situated.

Undisbursed or unclaimed amounts to be deposited to the general revenue account.—Any amount paid to the Commissioner which remains undisturbed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the State Government, but a claim to any money so transferred may be preferred to the State Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made and the order, if any, for payment of the claim being treated as an order for the refund of revenue.