Section 129: Recovery of amount due

Finin2min analysis — what the section actually does

Full statutory text — Section 129

129. Recovery of amount due.— (1) Any amount due from an employer or any other person in relation
to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any
other amount may, if the amount is in arrear, be recovered in the manner specified in this section and
sections 130 to 132.
     (2) Where any amount is in arrear under this Code, the Authorised Officer, or the competent authority,
as the case may be, shall issue to the Recovery Officer referred to in sub-section (4), a certificate
electronically or otherwise, specifying the amount of arrears and the Recovery Officer, on receipt of such
certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may
be, the employer by one or more of the modes mentioned below, namely:—
       (a) attachment and sale of the movable or immovable property of the establishment or, as the case
    may be, of the employer;
        (b) arrest of the employer and his detention in prison;
        (c) appointing a receiver for the management of the movable or immovable properties of the
    defaulter:
    Provided that the attachment and sale of any property under this section shall first be effected against
the properties of the establishment and where such attachment and sale is insufficient for recovering the
whole of the amount or arrears specified in the certificate, the Recovery Officer may move such proceeding
against the property of the employer for recovery of the whole or any part of such arrears.
    (3) The Authorised Officer or the competent authority, as the case may be, may issue a certificate under
sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been
taken.
    (4) The Authorised Officer or the competent authority, as the case may be, may forward the certificate
issued under this section, to the Recovery Officer within whose jurisdiction the employer—
        (a) carries on his business or profession or within whose jurisdiction the principal place of his
    establishment is situate; or
        (b) resides or any movable or immovable property of, the establishment or, the employer is situated.
   (5) Where an establishment or the employer has property within the jurisdiction of more than one
Recovery Officer and the Recovery Officer to whom a certificate is sent by the Authorised Officer or the
competent authority, as the case may be—

      (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within
    his jurisdiction, or
      (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any
    part of the amount, it is necessary so to do,
he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate
certified by him, specifying the amount to be recovered, to the Recovery Officer within whose jurisdiction
the establishment or the employer has property or the employer resides, and thereupon that Recovery
Officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof
had been the certificate sent to him by the Authorised Officer or the competent authority, as the case may
be.

How to apply this provision

1. Primary statutory test — (1) Any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 130 to 132.
2. Additional operative limb — (2) Where any amount is in arrear under this Code, the Authorised Officer, or the competent authority, as the case may be, shall issue to the Recovery Officer referred to in sub-section (4), a certificate electronically or otherwise, specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the…
3. Qualification / exception to test — Provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the Recovery Officer may move such proceeding against the property of the employer…
4. Prescribed-form link recorded in the corpus — IX. Confirm the current notified form/version before filing.
5. Evidence file — retain facts and records proving the role/status of: Employer, Authority / officer.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 129

Source & verification trail