[Rev. 2012]
CAP. 226
Employment
(b)
any decision of the Industrial Court requiring an employer to pay that
debt to the employee has the effect that the debt, or the part of it
which the Minister has paid, is to be paid to the Minister.
(2) Where a debt or any part of a debt in respect of which the Minister has
made a payment in pursuance of section 66 constitutes a preferential debt within
the meaning of the Companies Act (Cap. 486), and the rights which become
rights of the Minister in accordance with subsection (1) include any right arising
under any such provision by reason of the status of the debt, or that part of it, as
preferential debt.
(3) In computing payment for the purposes of subsection (2), the aggregate
amount payable in priority to other creditors of the employer in respect of—
(a)
any claim of the Minister to be paid in priority to other creditors of
the employer by virtue of subsection (2); and
(b)
any claim by the employee to be so paid made in the employee’s
own right,
any claim of the Minister to be paid by virtue of subsection (2) shall be treated as
if it were a claim of the employee.
(4) The Minister shall be entitled, as against the employee, to be paid in
respect of any claim made by the Minister the full amount of the claim before any
payment is made to the employee in respect of any claim by the employee to be
paid made in the employee’s own right.
(5) Any sum recovered by the Minister in exercising any right, or pursuing any
remedy, under this section shall be paid into the National Social Security Fund.
73. Power to obtain information
(1) Where an application is made to the Minister under section 66 in respect
of debt owed by an employer, the Minister may require—
(a)
the employer to provide him with such information as he may
reasonably require for the purpose of determining whether the
application is well founded; and
(b)
any person having the custody or control of any relevant records or
other documents the Minister may require to produce for
examination on behalf of the Minister any such records or
document.
(2) A request for information, records or a document under subsection (1)—
(a)
shall be made by notice in writing to the person required to furnish
the information, or produce the records or document; and
(b)
may be varied or revoked by a subsequent notice so given.
(3) A person who refuses or wilfully neglects to furnish any information or
produce any record or document that he has been required to furnish or produce
by a notice under this section commits an offence and shall on conviction be
liable to a fine not exceeding one hundred thousand shillings or to imprisonment
for a term not exceeding six months or to both.
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