8A. Recovery of moneys by employers and contractors.

¹[(1)  ²[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 ³[ * * *] 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 ⁴[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.]

Notes:

1.  Inserted by Act 28 of 1963, s. 8 (w.e.f. 30-11-1963).

2.  Substituted by Act 99 of 1976, s. 25, for certain words (w.e.f. 1-8-1976).

3.  The words “on the basis of such contribution” omitted by Act 33 of 1988, s. 13. (w.e.f. 1-8-1988).

4.   Inserted by Act 99 of 1976, s. 25 (w.e.f. 1-8-1976).