Lawgist14Penalties
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act 1[, the Scheme 2[, the 3[Pension] Scheme or the Insurance Scheme]] or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to 4[one year, or with fine of five thousand rupees, or with both.]
5[(1A) An employer who contravenes, or makes default in complying with, the provisions of section 6 or clause (a) of sub-section (3) of section 17 in so far as it relates to the payment of inspection charges, or paragraph 38 of the Scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for a term which may extend to 6[three years] but--
(a) which shall not be less than7[one year and a fine of ten thousand rupees] in case of default in payment of the employees' contribution which has been deducted by the employer from the employees' wages;
8[(b) which shall not be less than six months and a fine of five thousand rupees, in any other case;]
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Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term 10***.]
11[(1B) An employer who contravenes, or makes default in complying with, the provisions of section 6C, or clause (a) of sub-section (3A) of section 17 in so far as it relates to the payment of inspection charges, shall be punishable with imprisonment for a term which may extend to 12[one year] but which shall not be less than 13[six months] and shall also be liable to fine which may extend to 14[five thousand rupees]:
Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term 15***.
(2) 16[Subject to the provisions of this Act, the Scheme] 17[, the 18[Pension Scheme or the Insurance Scheme] may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend 19[one year, or with with fine which may extend to four thousand rupees, or with both].
20[(2A) Whoever contravenes or makes default in complying with any provision of this Act or of any condition subject to which exemption was granted under section 17 shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment which may extend to 19[six months, but which shall not be less than one month, and shall also be liable to fine which may extend to five thousand rupees.]
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1. Subs. by Act 16 of 1971, s. 25, for "or under any Scheme".
2. Subs. by Act 99 of 1976, s. 30, for "or the Family Pension Scheme" (w.e.f. 7-9-1976).
3. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995).
4. Subs. by Act 33 of 1988, s. 18, for "six months, or with fine which may extend to one thousand rupees, or with both" (w.e.f. 1-8-1988).
5. Ins. by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973).
6. Subs. by Act 33 of 1988, s. 18, for "six months" (w.e.f. 1-8-1988).
7. Subs. by s. 18, ibid., for "three months" (w.e.f. 1-8-1988).
8. Subs. by Act 33 of 1988, s. 18 (w.e.f. 1-8-1988).
9. The words "and shall also be liable to fine which may extend to two thousand rupees" omitted by s. 18,ibid. (w.e.f. 1-8-1988).
10. The words "or of fine only in lieu of imprisonment" omitted by s. 18, ibid. (w.e.f. 1-8-1988).
11. Ins. by Act 99 of 1976, s. 30 (w.e.f. 7-9-1976).
12. Subs. by Act 33 of 1988, s. 18, for "six months" (w.e.f. 1-8-1988).
13. Subs. by Act 33 of 1988, s. 18, for "one month" (w.e.f. 1-8-1988).
14. Subs. by s. 18, ibid., for "two thousand rupees" (w.e.f. 1-8-1988).
15. The words "or of fine only in lieu of imprisonment" omitted by s. 18, ibid. (w.e.f. 1-8-1988).
16. Subs. by Act 40 of 1973, s. 4, for "the scheme" (w.e.f. 1-11-1973).
17. Subs. by Act 99 of 1976, s. 30, "or the family pension" (w.e.f. 7-9-1976).
18. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995).
19. Subs. by Act 33 of 1988, s. 18, for "six months, or with fine which may extend to one thousand rupees, or with both" (w.e.f. 1-8-1988).
20. Ins. by Act 37 of 1953, s. 12.
21. Omitted by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973).
- 1 Short title, extent and application
- 2 Definitions
- 2A Establishment to include all departments and branches
- 3 Power to apply Act to an establishment which has a common provident fund with another establishmen
- 4 Power to add to Schedule I
- 5 Employees‟ Provident Fund Schemes
- 5A Central Board
- 5AA Executive Committee
- 5B State Board
- 5C Board of Trustees to be body corporate
- 5D Appointment of officers
- 5DD Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds
- 5E Delegation
- 6 Contributions and matters which may be provided for in Schemes
- 6A Employees' Pension Scheme
- 6C Employees' Deposit-linked Insurance Scheme
- 6D Laying of schemes before Parliament
- 7 Modification of Scheme
- 7A Determination of moneys due from employers
- 7B Review of orders passed under section 7A
- 7C Determination of escaped amount
- 7D Tribuna
- 7E [Omitted.]
- 7F [Omitted.]
- 7G [Omitted.]
- 7H [Omitted.]
- 7-I Appeals to Tribunal
- 7J Procedure of Tribunals
- 7K Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers
- 7L Orders of Tribunal
- 7M [Omitted.]
- 7N [Omitted.]
- 7-O Deposit of amount due, on filing appeal
- 7P Transfer of certain applications to Tribunals
- 7Q Interest payable by the employer
- 8 Mode of recovery of moneys due from employers
- 8A Recovery of moneys by employers and contractors
- 8B Issue of certificate to the Recovery Officer
- 8C Recovery Officer to whom certificate is to be forwarded
- 8D Validity of certificate and amendment thereof
- 8E Stay of proceedings under certificate and amendment or withdrawal thereof
- 8F Other modes of recovery
- 8G Application of certain provisions of Income-tax Act
- 9 Fund to be recognised under Act 11 of 1922
- 10 Protection against attachment
- 11 Priority of payment of contributions over other debts
- 12 Employer not to reduce wages, etc
- 13 Inspectors
- 14 Penalties
- 14A Offences by companies
- 14AA Enhanced punishment in certain cases after previous conviction
- 14AB Certain offences to be cognizable
- 14AC Cognizance and trial of offences
- 14B Power to recover damages
- 14C Power of court to make orders
- 15 Special provisions relating to existing provident funds
- 16 Act not to apply to certain establishments
- 16A Authorising certain employers to maintain provident fund accounts
- 17 Power to exempt
- 17A Transfer of accounts
- 17AA Act to have effect notwithstanding anything contained in Act 31 of 1956
- 17B Liability in case of transfer of establishment
- 18 Protection of action taken in good faith
- 18A Presiding Officer and other officers to be public servants
- 19 Delegation of powers
- 20 Power of Central Government to give directions
- 21 Power to make rules
- 22 Power to remove difficulties
