Clause 146

Whenever the Commissioner has made an order under section 145 of this Act against any employer or any person liable for the payment of any sum of money to any workman or sub-contractor for labour and after enquiry finds that there exists between such employer or person liable and some other person a contract in the course of the execution of which the workman or sub-contractor for labour performed the work in respect of which the order has been made, the Commissioner may summon such other person and may make an order prohibiting him from paying to the employer or person liable and requiring him to pay to the Commissioner any money (not exceeding the amount found due to such workman or sub-contractor for labour) admitted by him to be owing to the employer or person liable in respect of such contract:Provided that where such other person admits to the Commissioner in writing that money is owing by him under such contract to the employer or person liable he need not be summoned before the Commissioner and the Commissioner may make such order in his absence:And provided further that where such other person is liable as a principal under section 65 of this Act to pay any salary due by the employer or person liable and where the money admitted by him to be owing to the employer or person liable is not sufficient to pay the whole of such salary nothing in this subsection shall relieve him of his liability for the balance of such salary up to the amount for which he is liable under the said section.

Any person so summoned shall be legally bound to attend at the time and place mentioned in the summons and to answer truthfully all questions relating to the contract which the Commissioner may put to him.

The payment of any money in pursuance of an order under subsection (1) of this section shall be a discharge and payment up to the amount so paid of money due to the employer or person liable under the contract.