Section 85B
Power to recover damages.
The Employees State Insurance Act, 1948
About this Act
An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto.
1[85B. Power to recover damages.--(1) Where an employer fails to pay the amount due in respect of
any contribution or any other amount payable under this Act, the Corporation may recover,
2[from the
employer by way of penalty such damages not exceeding the amount of arrears as may be specified in the
regulations]:
Provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard:
3[Provided further that the Corporation may reduce or waive the damages recoverable under this section in relation to an establishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.]
(2) Any damages recoverable under sub-section (1) may be recovered as an arrear of land revenue 3[or under section 45C to section 45-I].]
Provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard:
3[Provided further that the Corporation may reduce or waive the damages recoverable under this section in relation to an establishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.]
(2) Any damages recoverable under sub-section (1) may be recovered as an arrear of land revenue 3[or under section 45C to section 45-I].]
Notes
1. Ins. by Act 38 of 1975, s. 5 (w.e.f. 1-9-1975).
2. Subs. by Act 29 of 1989, s. 35, for certain words (w.e.f. 1-1-1992).
3. Ins. by s. 35, ibid. (w.e.f. 1-1-1992).
2. Subs. by Act 29 of 1989, s. 35, for certain words (w.e.f. 1-1-1992).
3. Ins. by s. 35, ibid. (w.e.f. 1-1-1992).