4[12A. Workers' dues to be paid out of the amount.-
(1) Out of the amount payable-
(a) under section 10 and section 12 to the owner of every coking coal mine or group of coking coal mines;
(b) under section 10 and section 12 to the owner of every coke oven plant,
there shall be paid to every person employed by such owner, a sum equal to the amount of arrears due, on the appointed day, to such employee,-
(i) in relation to a provident fund, pension fund, gratuity fund or any other fund established for the welfare of such employee; and
(ii) as wages.
(2) Every employee to whom the whole or any part of the arrears referred to in sub-section (1) is due shall file the proof of his claim to the Commissioner within such time, after the commencement of the Coking and Non-Coking Coal Mines (Nationalisation) Amendment Act, 1973 (41 of 1973), as the Commissioner may fix.
(3) The provisions of section 23 shall, as far as may be, apply to the filing, admission or rejection of the proofs referred to in sub-section (2).
(4) The Commissioner shall, after the admission or rejection of the claims made under sub-section (2), determine the total amount of the arrears referred to in sub-section (1), and shall, after such determination, deduct, in the first instance, out of the amount paid to him under section 21, a sum equal to the total amount of such arrears.
(5) All sums deducted by the Commissioner under sub-section (4) shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or be paid to the persons to whom such sums are due, and on such credit or payment, the liability of the owner of the coking coal mine or group of coking coal mines or coke oven plant, as the case may be, in respect of the amounts of arrears due as aforesaid, shall stand discharged.
(6) The deductions made by the Commissioner under sub-section (4) shall have priority over all other debts, whether secured or unsecured.
(7) Save as otherwise provided in the foregoing sub-sections, every secured debt due from the owner of a coking coal mine or group of coking coal mines or coke oven plant, as the case may be, shall have priority over all other debts and shall be paid in accordance with the rights and interests of the secured creditors.]
1. Ins. by Act 57 of 1986, s. 4 (w.e.f. 1-5-1972).
2. Section 11 renumbered as sub-section (1) thereof by s. 5, ibid. (w.e.f. 1-5-1972).
3. Ins. by s. 5, ibid. (w.e.f. 1-5-1972).
4. Ins. by Act 41 of 1973, s. 4 (w.e.f. 1-5-1972).