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Section 68 – Employees State Insurance Act, 1948

Employees State Insurance Act, 1948

 

 

68. CORPORATION’S RIGHTS WHERE A PRINCIPAL EMPLOYER FAILS OR NEGLECTS TO PAY ANY CONTRIBUTION. –

 

(1) If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitle to any benefit or entitled to a benefit on a lower scale, the Corporation may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be entitled to recover from the principal employer either –

 

1(i) the difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions were in fact paid by the employer; or

 

(ii) twice the amount of the contribution which the employer failed or neglected to pay, whichever is greater.

 

(2) The amount recoverable under this section may be recovered as if it were an arrear of land-revenue 2[or under section 45C to section 45-I].

 

COMMENTS

 

Default is sufficient for the levy and recovery of damages; Employees’ State Insurance Corporation v.Jaipur Spinning and Weaving Mills Ltd., (1988) 56 FLR 431 (Raj).

 

—————

1.  Subs. by Act 53 of 1951, sec. 19, for clause (i) (w.e.f. 6-10-1951).

 

  2.  Added by Act 29 of 1989, sec. 27 (w.e.f. 20-10-1989).

 

 

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Employees’ State Insurance Act, 1948

 

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