Employees’ State Insurance Act, 1948
73A. Employer's special contribution
(1) For so long as the provisions of this Chapter are in force,
every principal employer shall, notwithstanding anything contained in this Act,
pay to the Corporation a special contribution (hereinafter referred to as the
employer's special contribution) at the rate specified under sub-section (3).
(2) The employer's special contribution shall, in the case of a
factory or establishment situate in any area in which the provisions of both
Chapters IV and V are in force, be in lieu of the employer's contribution
payable under Chapter IV.
(3) The employer's special contribution shall consists of such
percentage, not exceeding five per cent of total wage bill of the employer, as
the Central Government may, by notification in the Official Gazette, specify
from time to time:
PROVIDED that before fixing or varying any such
percentage the Central Government shall give by like notification not less than
two months' notice of its intention so to do and shall in such notification
specify the percentage which it proposes to fix or, as the case may be, the
extent to which the percentage already fixed is to be varied :
PROVIDED FURTHER that the employer's special contribution in
the case of factories or establishments situate in any area in which the
provisions of both Chapters IV and V are in force shall be fixed at a rate
higher than that in the case of factories or establishments situate in any area
in which the provisions of the said Chapters are not in force.
(4) The employer's special contribution shall fall due as soon
as the liability of the employer to pay wages accrues, but may be paid to the
Corporation at such intervals, within such time and in such manner as the
Central Government may, by notification in the Official Gazette, specify, and
any such notification may provide for the grant of a rebate for prompt payment
of such contribution.
Explanation: "Total wage bill" in this section
means the total wages which have accrued due to employees in a factory or
establishment in respect of such wage periods as may be specified for the
purposes of this section by the Central Government by notification in the Official
Gazette.