Employees’ State Insurance Act, 1948
45A. Determination of contributions in certain
cases
(1) Where in respect of a factory or establishment no returns,
particulars, registers or records are submitted, furnished or maintained in
accordance with the provisions of section 44 or any Inspector or other official
of the Corporation referred to in sub-section 45 is 80[prevented in
any manner] by the principal or immediate employer or any other person, in
exercising his functions or discharging his duties under section 45, the
Corporation may, on the basis of information available to it, by order,
determine the amount of contributions payable in respect of the employees of
that factory or establishment:
4 [PROVIDED that no such order shall be passed by the
Corporation unless the principal or immediate employer or the person in charge
of the factory or establishment has been given a reasonable opportunity of
being heard.]
(2) An order made by the Corporation under sub-section (1) shall
be sufficient proof of the claim of the Corporation under section 75 or for
recovery of the amount determined by such order as an arrear of land revenue
under section 45B 4[or the recovery under section 45C to section
45-I]].