Section 45D of THE EMPLOYEES’ STATE INSURANCE ACT, 1948
- (1)The authorised officer may forward the certificate referred to in section 45C to the Recovery Officer within whose jurisdiction the employer—
- (a)carries on his business or profession or within whose jurisdiction the principal place of his factory or establishment is situate; or
- (b)resides or any movable or immovable property of the factory or establishment or the principal or immediate employer is situate.
- (2)Where a factory or an establishment or the principal or immediate employer has property within the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate is sent by the authorised officer—
- (a)is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction; or
- (b)is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, 2. Added by Act 29 of 1989, s. 15 (w.e.f. 20-10-1989). he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the Central Government and specifying the amount to be recovered to the Recovery Officer within whose jurisdiction the factory or establishment or the principal or immediate employer has property or the employer resides, and thereupon that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer.
↩1.Ins. by Act 18 of 2010, s. 9 (w.e.f. 1-6-2010).
↩3.Ins. by Act 18 of 2010, s. 10 (w.e.f. 1-6-2010).
↩4.Ins. by Act 29 of 1989, s. 16 (w.e.f. 1-9-1991).
Summary
- The authorized officer sends the recovery certificate to the specific Recovery Officer who has jurisdiction over the employer.
- Jurisdiction is determined by where the employer carries on their business or where their factory is located.
- It can also be determined based on where the employer lives or where any of their property is situated.
- If one Recovery Officer cannot collect the full amount, they can forward the certificate to another officer who has jurisdiction over other properties.
- This process allows for multiple officers to work on a single case to speed up the collection of unpaid money.
Practical examples
FAQ
1. Which officer handles the collection under Section 45D of the Employees State Insurance Act, 1948?
Under Section 45D of the Employees State Insurance Act, 1948, the authorized officer sends the certificate to the Recovery Officer where the employer works, lives, or has property.
2. Can more than one officer try to collect the same debt under the Employees State Insurance Act, 1948?
Yes, Section 45D of the Employees State Insurance Act, 1948 allows a certificate to be sent to multiple Recovery Officers if the employer has property in different areas.
3. What happens if the first Recovery Officer cannot find enough money to cover the debt under Section 45D?
According to Section 45D of the Employees State Insurance Act, 1948, that officer can send the certificate or a certified copy to another Recovery Officer who has jurisdiction over the employer's other assets.
Test yourself
Q1.Under Section 45D of the Employees State Insurance Act, 1948, who decides which Recovery Officer receives the initial certificate?
Q2.Which location is NOT used to determine jurisdiction under Section 45D of the Employees State Insurance Act, 1948?
Q3.Under Section 45D of the Employees State Insurance Act, 1948, what must a Recovery Officer do if they want to involve a second officer to speed up recovery?
Q4.If only part of the debt is being recovered by a second officer under Section 45D of the Employees State Insurance Act, 1948, what document is sent?