Section 45G:
Other modes of recovery.
1[45G. Other modes of recovery.--(1) Notwithstanding the issue of a certificate to the Recovery
Officer under section 45C, the Director General or any other officer authorised by the Corporation may
recover the amount by any one or more of the modes provided in this section.
(2) If any amount is due from any person to any factory or establishment or, as the case may be, the
principal or immediate employer who is in arrears, the Director General or any other officer authorised by
the Corporation in this behalf may required such person to deduct from the said amount the arrears due
from such factory or establishment or, as the case may be, the principal or immediate employer under this
Act and such person shall comply with any such requisition and shall pay the sum so deducted to the
credit of the Corporation:
Provided that nothing in this sub-section shall apply to any part of the amount exempt from
attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908
(5 of 1908).
(3) (i) The Director General or any other officer authorised by the Corporation in this behalf may, at
any time or from time to time, by notice in writing, require any person from whom money is due or may
become due to the factory or establishment or, as the case may be, the principal or immediate employer or
any person who holds or may subsequently hold money for or on account of the factory or establishment
or, as the case may be, the principal or immediate employer, to pay to the Director General either
forthwith upon the money becoming due or being held or at or within the time specified in the notice (not
being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in
respect of arrears or the whole of the money when it is equal to or less than that amount.
(ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold
any money for or on account of the principal or immediate employer jointly with any other person and for
the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until
the contrary is proved, to be equal.
(iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address
known to the Director General or, as the case may be, the officer so authorised and in the case of a joint
account to all the joint-holders at their last addresses known to the Director General or the officer so
authorised.
(iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this
sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued
to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or
any other document to be produced for the purpose of any entry, endorsement or the like being made
before payment is made notwithstanding any rule, practice or requirement to the contrary.
(v) Any claim respecting any property in relation to which a notice under this sub-section has been
issued arising after the date of the notice shall be void as against any demand contained in the notice.
(vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on
oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that
he does not hold any money for or on account of the principal or immediate employer, then, nothing
contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof,
as the case may be, but if it is discovered that such statement was false in any material particular, such
person shall be personally liable to the Director General or the officer so authorised to the extent of his
own liability to the principal or immediate employer on the date of the notice, or to the extent of the
principal or immediate employers liability for any sum due under this Act, whichever is less.
(vii) The Director General or the officer so authorised may, at any time or from time to time, amend
or revoke any notice issued under this sub-section or extend the time for making any payment in
pursuance of such notice.
(viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in
compliance with a notice issued under this sub-section and the person so paying shall be fully discharged
from his liability to the principal or immediate employer to the extent of the amount so paid.
(ix) Any person discharging any liability to the principal or immediate employer after the receipt of a
notice under this sub-section shall be personally liable to the Director General or the officer so authorised
to the extent of his own liability to the principal or immediate employer so discharged or to the extent of
the principal or immediate employer's liability for any sum due under this Act, whichever is less.
(x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance
thereof to the Director General or the officer so authorised, he shall be deemed to be a principal or
immediate employer in default in respect of the amount specified in the notice and further proceedings
may be taken against him for the realisation of the amount as if it were an arrear due from him in the
manner provided in sections 45C to 45F and the notice shall have the same effect as an attachment of a
debt by the Recovery Officer in exercise of his powers under section 45C.
(4) The Director General or the officer authorised by the Corporation in this behalf may apply to the
court in whose custody there is money belonging to the principal or immediate employer for payment to
him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to
discharge the amount due.
(5) The Director General or any officer of the Corporation may, if so authorised by the Central
Government by general or special order, recover any arrears of amount due from a factory or an
establishment or, as the case may be, from the principal or immediate employer by distraint and sale of its or his movable property in the manner laid down in the Third Schedule to the Income-tax Act, 1961
(43 of 1961).]
Notes:
1. Ins. by Act 29 of 1989, s. 16 (w.e.f. 1-9-1991).