Section 8A. Recovery of moneys by employers and contractors

(1) [The amount of contribution (that is to say the employer‟s contribution as well as the employee‟s contribution in pursuance of any Scheme and the employer‟s contribution in pursuance of the Insurance Scheme)], and any charges *** for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor, under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him, may recover from such employee the employee‟s contribution [under any Scheme] by deduction from the basic wages, dearness allowance and retaining allowance (if any) payable to such employee. (3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer‟s contribution or the charges referred to in sub-section (1) from the basic wages, dearness allowance, and retaining allowance (if any) payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. Explanation.—In this section, the expressions, “dearness allowance” and “retaining allowance” shall have the same meanings as in section 6.] Note: 1. Subs. by Act 37 of 1953, s. 6, for section 8. Note: 2. Subs. by Act 94 of 1956, s. 3, for “a factory”. Note: 3. Subs. by Act 99 of 1976, s. 24, for “Scheme” (w.e.f. 1-8-1976). Note: 4. Subs. by s. 24, ibid., for “the Fund” (w.e.f. 1-8-1976). Note: 5. Ins. by Act 28 of 1963, s. 7 (w.e.f. 30-11-1963). Note: 6. Subs. by Act 94 of 1956, s. 3, for “factory”. Note: 7. Subs. by Act 16 of 1971, s. 21, for “under section 17” (w.e.f. 23-4-1971). Note: 8. Subs. by Act 25 of 1996, s. 4, for “Family Pension” (w.e.f. 16-11-1995). Note: 9. Subs. by Act 40 of 1973, s. 2, for certain words (w.e.f. 1-11-1973). Note: 10. Subs. by Act 33 of 1988, s. 12, for certain words (w.e.f. 1-7-1990). Note: 11. Ins. by Act 28 of 1963, s. 8 (w.e.f. 30-11-1963). Note: 12. Subs. by Act 99 of 1976, s. 25, for certain words (w.e.f. 1-8-1976). Note: 13. The words “on the basis of such contribution” omitted by Act 33 of 1988, s. 13. (w.e.f. 1-8-1988).