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].]
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).