Section 9: Recovery of Contribution Amount

1) In case the enlisted employer does not deposit the contribution within the period as per Section 4, the Fund shall recover the contribution amount from the concerned employer along with an interest of ten per cent of the contribution amount.

2) Notwithstanding whatsoever is written in sub-section (1),  if an employer is unable to deposit the contribution within the period as per Section 4 in the Fund owing to conditions beyond the employer’s control, the employer may register an application to deposit such amount of contribution within thirty days upon clarifying the reasons and grounds for not depositing the contribution.

3) If the ground and reasons mentioned in the application as per sub-section (2) are deemed justifiable, the Fund may allow the enlisted employer to deposit the contribution amount in the Fund by waiving, partially or fully, the interest applicable to the employer.

4) The Executive Director may, in writing, direct the concerned body to take any or all of the following actions against an employer who does not register with the Fund, does not register, or does not pay the contribution amount in accordance with this Act:-

(a) Freeze the account in the bank or financial institution,

(b) Freeze the movable and immovable assets of the concerned individuals or institutions,

(c) Suspend or stop the rebate facility entitled under the prevailing law,

(d) Suspend the permit or license in the name of the individual or institution concerned, and,

(e) Freeze the passport of the individual concerned.

5) In case communication as per sub-section (4) is received, the authorities concerned should initiate the necessary action on the matter within fifteen days.

6) Notwithstanding anything contained elsewhere in this Section, if the notified employer does not deposit the amount of contribution into the Fund within the period specified in Section 4, and if any such facility is required to be provided to the worker due to an accident or death within the period of not depositing the amount of contribution into the Fund, the concerned employer shall provide the worker with an amount equal to such facility.