Employees State Insurance Act, 1948

Section - 69 - Liability of owner or occupier of factories, etc., for excessive sickness ben­efit

Liability of owner or occupier of factories, etc., for excessive sickness ben­efit.

69. (1) Where the Corporation considers that the incidence of sickness among insured persons is excessive by reason of—

(i) insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him by or under any en­actment, or

(11) insanitary conditions of any tenements or lodgings occupied by in­sured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment,

the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a state­ment in support of its claim, to the appropriate Government.

(2) If the appropriate Government is of opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter.

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