Section 14 Penalties. of Employees Provident Funds And Miscellaneous Provisions Act, 1952
14. (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act [, the scheme [, the [* * *] 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 [one year, or with fine of five thousand rupees, or with both].
[(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 [three years], but—
(a) which shall not be less than [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;
[(b) which shall not be less than six months and a fine of five thousand rupees, in any other case:]
[* * *]
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 [* * *].]
[(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 [one year] but which shall not be less than [six months] and shall also be liable to fine which may extend to [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 [* * *]:]
(2) [Subject to the provisions of this Act, the Scheme] [, the [* * *] 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 to [one year, or with fine which may extend to four thousand rupees, or with both].
[(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 [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]].
(3) [* * *]
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- Section 1 Short title, extent and application
- Section 2 Definitions
- Section 2A [Establishment to include all departments and branches.
- Section 3 [Power to apply Act to an establishment which has a common provident fund with another establishment
- Section 4 Power to add to Schedule I.
- Section 5 Employees' Provident Fund Schemes
- Section 5A [Central Board.
- Section 5AA [Executive Committee.
- Section 5B [State Board.
- Section 5C Board of Trustees to be body corporate.
- Section 5D Appointment of officers.
- Section 5DD 50 [Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds.
- Section 5E [Delegation.
- Section 6 Contributions and matters which may be provided for in Schemes.
- Section 6A Employees Pension Scheme
- Section 6B Employees Deposit-linked Insurance Scheme.
- Section 6C Laying of schemes before Parliament.
- Section 7 Modification of Scheme.
- Section 7A [Determination of moneys due from employers.
- Section 7B [Review of orders passed under section 7A.
- Section 7C Determination of escaped amount.
- Section 7D 1[Tribunal.
- Section 7E
- Section 7F
- Section 7G
- Section 7H
- Section 7I Appeals to Tribunal.
- Section 7J Procedure of Tribunals.
- Section 7K Right of appellant to take assistance of legal practitioner and of Government, etc. to appoint presenting officers.
- Section 7L Orders of Tribunal
- Section 7M
- Section 7N
- Section 7O Deposit of amount due, on filing appeal.
- Section 7P Transfer of certain applications to Tribunals.
- Section 7Q Interest payable by the employer
- Section 8 Mode of recovery of moneys due from employers.
- Section 8A [Recovery of monies by employers and contractors.
- Section 8 B [Issue of certificate to the Recovery Officer.
- Section 8 C Recovery Officer to whom certificate is to be forwarded.
- Section 8 D Validity of certificate and amendment thereof.
- Section 8 E Stay of proceedings under certificate and amendment or withdrawal thereof.
- Section 8 F Other modes of recovery.
- Section 8 G Application of certain provisions of Income-tax Act.
- Section 9 Fund to be recognised under Act XI of 1922.
- Section 10 Protection against attachment.
- Section 11 Priority of payment of contributions over other debts.
- Section 12 3 [Employer not to reduce wages, etc.
- Section 13 Inspectors.
- Section 14 Penalties.
- Section 14A [Offences by companies.
- Section 14 AA Enhanced punishment in certain cases after previous conviction.
- Section 14AB Certain offences to be cognizable.
- Section 14 AC Cognizance and trial of offences.
- Section 14B [Power to recover damages.
- Section 14 C Power of court to make orders.
- Section 15 Special provisions relating to existing provident funds.
- Section 16 Act not to apply to certain 54a [establishments].
- Section 16A [Authorising certain employers to maintain provident fund accounts.
- Section 17 [Power to exempt.
- Section 17A Transfer of accounts.
- Section 17AA [Act to have effect notwithstanding anything contained in Act 31 of 1956.
- Section 17B [Liability in case of transfer of establishment.
- Section 18 [Protection of action taken in good faith.
- Section 18A Authorities and inspector to be public servant.
- Section 19 [Delegation of powers.
- Section 20 [Power of Central Government to give directions.
- Section 21 Power to make rules.
- Section 22 Power to remove difficulties.
- Section SCHEDULE I
- Section SCHEDULE II
- Section SCHEDULE III
- Section SCHEDULE IV