The employer shall be liable to pay simple interest at the rate of twelve per cent. per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment:
Provided that higher rate of interest specified in the Scheme shall not exceed the lending rate of interest charged by any scheduled bank.]
1 [8. Mode of recovery of moneys due from employers.—Any amount due—
(a) from the employer in relation to 2 [an establishment] to which any 3 [Scheme or the Insurance Scheme] applies in respect of any contribution payable to 4 [the Fund or, as the case may be, the Insurance Fund], damages recoverable under section 14B, accumulations required to be transferred under sub-section (2) of section 15 5 [or under sub-section (5) of section 17] or any charges payable by him under any other provision of this Act or of any provision of the 3 [Scheme or the Insurance Scheme]; or
(b) from the employer in relation to an exempted 6 [establishment] in respect of any damages recoverable under section 14B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified 7 [under section 17 or in respect of the contribution payable by him towards the 8 [Pension] Scheme under the said section 17], may,if the amount is in arrear, 9 [be recovered 10 [in the manner specified in sections 8B to 8G].]
11 [8A. Recovery of moneys by employers and contractors.—(1) 12 [The amount of contribution (that is to say the employer‟s contribution as well as the employee‟s contribution in pursuance of any Scheme and the employer‟s contribution in pursuance of the Insurance Scheme)], and any charges 13 *** for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by
1. Subs. by Act 37 of 1953, s. 6, for section 8.
2. Subs. by Act 94 of 1956, s. 3, for “a factory”.
3. Subs. by Act 99 of 1976, s. 24, for “Scheme” (w.e.f. 1-8-1976).
4. Subs. by s. 24, ibid., for “the Fund” (w.e.f. 1-8-1976).
5. Ins. by Act 28 of 1963, s. 7 (w.e.f. 30-11-1963).
6. Subs. by Act 94 of 1956, s. 3, for “factory”.
7. Subs. by Act 16 of 1971, s. 21, for “under section 17” (w.e.f. 23-4-1971).
8. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995).
9. Subs. by Act 40 of 1973, s. 2, for certain words (w.e.f. 1-11-1973).
10. Subs. by Act 33 of 1988, s. 12, for certain words (w.e.f. 1-7-1990).
11. Ins. by Act 28 of 1963, s. 8 (w.e.f. 30-11-1963).
12. Subs. by Act 99 of 1976, s. 25, for certain words (w.e.f. 1-8-1976).
13. The words “on the basis of such contribution” omitted by Act 33 of 1988, s. 13. (w.e.f. 1-8-1988).
17 deduction from any amount payable to the contractor, under any contract or as a debt payable by the contractor.
(2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him, may recover from such employee the employee‟s contribution 1 [under any Scheme] by deduction from the basic wages, dearness allowance and retaining allowance (if any) payable to such employee.
(3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer‟s contribution or the charges referred to in sub-section (1) from the basic wages, dearness allowance, and retaining allowance (if any) payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee.
Explanation.—In this section, the expressions, “dearness allowance” and “retaining allowance” shall have the same meanings as in section 6.]
2 [8B. Issue of certificate to the Recovery Officer.—(1) Where any amount is in arrear under section section 8, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below:—
(a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer;
(b) arrest of the employer and his detention in prison;
(c) appointing a receiver for the management of the movable or immovable properties of the establishment or, as the case may be, the employer:
Provided that the attachment and sale of any property under this section shall first be effected against the proportion of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears.
(2) The authorised officer may issue a certificate under sub-section (1), notwithstanding that proceedings for recovery of the arrears by any other mode have been taken.