Section 14B
Power to recover damages.
The Employees Provident Funds and Miscellaneous Provisions Act, 1952
About this Act
An Act to provide for the institution of provident funds pension fund and deposit-linked insurance fund for employees in factories and other establishments.
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.]]
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.]]
Notes
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).
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).