The Uttar Pradesh Code on Social Security Rules, 2026
Rule 73. Indemnity claimed under sub-section (2) of Section 85
Official text
(1) Where the opposite party claims that the compensation is recoverable from him, he shall, when first called upon to answer the application, present a notice of such claim to the Competent Authority, accompanied by the prescribed fee, and the competent authority shall thereupon issue notice to such person in Form-XXXIV.
(2) If a person served with the notice under sub-rule (1) desires to contest the applicant’s claim for compensation, or the opposite party’s claim to be indemnified, he shall appear before the Competent Authority on the date fixed for the hearing of the case or on any date to which the case may be adjourned and if so appears, shall have all the rights of a party to the proceedings and in default of so appearing he shall be deemed to admit the validity of any award made against the opposite party and to admit its own liability indemnify the opposite party for any compensation recovered from him:
Provided that, if any person so served appears subsequently and satisfies the Competent Authority that he was prevented by any sufficient cause from appearing, the Competent Authority shall after giving notice to the aforesaid opposite party, hear such person and may set-aside or vary any award made against such person under his rule upon such terms as may be just.
(3) If the opposite party is himself a principal employer and claims to be indemnified by a person standing to him in the relation of a contractor, from whom the compensation could have been recovered, he shall, on or before the date fixed in the notice under sub-rule (1), present a notice of such claim to the Competent Authority, accompanied by the prescribed fee, and the Competent Authority shall thereupon issue notice to such person in Form–XXXV.
(4) If any person served with the notice under sub-rule (3), desires to contest the applicant’s claim for compensation or the claim under sub-rule (3) to be indemnified, he shall appear before the Competent Authority on the date fixed in the notice in Form–XXXV or on any date to which the case is adjourned and if he so appears shall have all the rights of a party to the proceedings and in default of so appearing, he shall be deemed to admit the validity of any award made against the original opposite party or the person served with the notice under sub-rule (1) and to admit his own liability to indemnify the party against whom such award is made for any compensation required from him:
Provided that, if any person so served appears subsequently and satisfies the Competent Authority that he was prevented by any sufficient cause from appearing, the Competent Authority shall after giving notice to the aforesaid opposite party, hear such person and may set-aside or vary any award made against such person under his rule upon such terms as may be just.
(5) In any proceeding in which a notice has been served on any person under sub-rule (1) or sub-rule (3) the Competent Authority shall, if he awards compensation, record in his judgment a finding in respect of each of such persons, whether he is or is not liable to indemnify any of the opposite parties and shall specify the party or any other person to whom he is liable to indemnify.