Section 85:
Punishment for failure to pay contributions, etc.
If any person--
(a) fails to pay any contribution which under this Act he is liable to pay, or
(b) deducts or attempts to deduct from the wages of an employee the whole or any part of the
employer's contribution, or
(c) in contravention of section 72 reduces the wages or any privileges or benefits admissible to an
employee, or
(d) in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise
punishes an employee, or
(e) fails or refuses to submit any return required by the regulations, or makes a false return, or
(f) obstructs any Inspector or other official of the Corporation in the discharge of his duties, or
(g) is guilty of any contravention of or non-compliance with any of the requirements of this Act
or the rules or the regulations in respect of which no special penalty is provided,1[he shall be punishable--
2[(i) where he commits an offence under clause (a), with imprisonment for a term which may
extend to three years but--
(a) which shall not be less than one year, in case of failure to pay the employee's contribution
which has been deducted by him from the employee's wages and shall also be liable to fine of ten
thousand rupees;
(b) which shall not be less than six months, in any other case and shall also be liable to fine of
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;
(ii) where he commits an offence under any of the clauses (b) to (g) (both inclusive), with
imprisonment for a term which may extend to one year or with fine which may extend to four thousand
rupees, or with both.]
Notes:
1. Subs. by Act 38 of 1975, s. 4, for certain words (w.e.f. 1-9-1975).
2. Subs. by Act 29 of 1989, s. 33, for clauses (i) and (ii) (w.e.f. 20-10-1989).