ESI Corporation, in its 141^st meeting held on 18.12.2007, has approved a new amnesty scheme for withdrawal of prosecution cases filed under Section 84 and 85 of ESI Act against the insured persons and employers, subject to the following conditions:-

a)      Cases filed against the Insured Persons under section 84 of ESI Act:-

                   Prosecutions filed against the IPs under section 84 of the ESI Act for giving wrong declarations resulting in excess payment to him / her may be withdrawn subject to the condition that –

i)          entire amount paid in excess to the IP is refunded in full by him/her to the Corporation

ii)       An undertaking is also given by IP to the effect that he/she would not give wrong declaration in future. 

 c)      Cases filed by Employers under Section 75 ESI Act:-

                    The New Amnesty Scheme shall also include those cases in which the employer has disputed the coverability or determination of contribution in the Employees’ Insurance Court, under Section 75 of the Act subject to the fulfillment of the following conditions.

i)        The employer shall pay both the Employees’ and Employers’ share of contribution in full for the period under litigation and he shall comply with other provisions of the Act.

ii)       The interest due for the period of litigation is paid in full by the employer.

iii)     The employer shall pay 25% of the damages levied or leviable for the period of litigation.

iv)     The employer shall also furnish an undertaking to the Corporation to the effect that he/she shall be regular in compliance with the provisions of the ESI Act in future  and there shall be no default on their part in any subsequent period.

 The above New Amnesty Scheme will also be available to those employers / insured persons who have already availed of the benefits of earlier Amnesty Schemes.

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