[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. 43 [Issue 1]

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