Lawgist14BPower to recover damages
1[14B. Power to recover damages.-- Where an employer makes default in the payment of any contribution to the Fund 3[, the 2[Pension] Fund or the Insurance Fund] or in the transfer of accumulations accumulations required to be transferred by him under sub-section (2) of section 15 3[or sub-section (5) of of section 17] or in the payment of any charges payable under any other provision of this Act or of 5[any Scheme or Insurance Scheme] or under any of the conditions specified under section 17, 6[the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf] may recover 7[from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the Scheme:]
8[Provided that before levying and recovering such damages, the employer shall be given a reasonable reasonable opportunity of being heard]:
9[Provided further that the Central Board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985, subject to such terms and conditions as may be specified in the Scheme.]]
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1. Ins. by Act 37 of 1953, s. 13.
2. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995).
3. Subs. by Act 99 of 1976, s. 32, for "or the family pension fund" (w.e.f. 1-8-1976).
4. Ins. by Act 28 of 1963, s. 10 (w.e.f. 30-11-1963).
5. Subs. by Act 99 of 1976, s. 32, for "any scheme" (w.e.f. 1-8-1976).
6. Subs. by Act 40 of 1973, s. 6, for "the appropriate Government" (w.e.f. 1-11-1973).
7. Subs. by Act 33 of 1988, s. 20, for "from the employer such damages, not exceeding the amount of arrears as it may think fit to impose" (w.e.f. 1-9-1991).
8. Ins. by Act 40 of 1973, s. 6 (w.e.f. 1-11-1973).
9. Ins. by Act 33 of 1988, s. 20 (to be notified).
- 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
