Section 17B. Liability in case of transfer of establishment

Where an employer, in relation to an establishment, transfers that establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision of this Act or the Scheme or [the [Pension] Scheme or the Insurance Scheme], as the case may be, in respect of the period up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.] Note: 1. Ins. by Act 99 of 1976, s. 34 (w.e.f. 1-8-1976). Note: 2. Subs. by Act 16 of 1971, s. 27, for sub-section (5) (w.e.f. 23-4-1971). Note: 3. Subs. by Act 33 of 1988, s. 23, for “(IA)” (w.e.f. 1-10-1985). Note: 4. Subs. by Act 99 of 1976, s. 27, for certain words (w.e.f. 1-8-1976). Note: 5. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). Note: 6. Ins. by Act 33 of 1988, s. 23 (w.e.f. 1-10-1988). Note: 7. The words “as well as the employees‟ Contribution” omitted by Act 25 of 1996, s. 7 (w.e.f. 16-11-1995). Note: 8. Ins. by Act 28 of 1963, s. 12 (w.e.f. 30-11-1963). Note: 9. Ins. by Act 99 of 1976, s. 35 (w.e.f. 1-8-1976). Note: 10. Ins. by Act 40 of 1973, s. 8 (w.e.f. 1-11-1973).