Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
We heard you! Soon we are bringing you the biggest update yet with Updated & New acts, all Central and State acts, the Constitution of India, and a dedicated Mobile App! 🚀
(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;]
9* * * * *
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.]
21* * * * *
Download our fully-offline, High speed android app.- Click here
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).