Employees Provident Fund & Miscellaneous Provisions Act 1952 Section 14B - Bare Act

Where an employer makes default in the payment of any contribution to the Fund²[, the³[Pension] Fund or the Insurance Fund] or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15⁴[or sub-section (5) of section 17] or in the payment of any charges payable under any other provision of this Act or of⁵[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 be⁷authorised by the Central Government, by notification in the Official Gazette, in this behalf] may recover⁸[from the employer such damages, not exceedings⁹[***] the amount of arrears, as it may thinks fit to impose:]

¹⁰[Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard:]

¹¹[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 (1 of 1986), subject to such terms and conditions as may be specified in the Scheme.]

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1. Inserted by Act 37 of 1953, section 13.

2. Substituted by Act 99 of 1976, section 31, for "the Family Pension Scheme" (w.e.f. 1-8-1976).

3. Substituted by Act 25 of 1996, section 4, for "Family Pension" (w.r.e.f. 16-11-1995).

4. Inserted by Act 28 of 1963, section 10 (w.e.f. 30-11-1963).

5. Substituted by Act 99 of 1976, section 32, for "any Scheme" (w.e.f. 1-8-1976).

6. Substituted by Act 40 of 1973, section 6, for "the appropriate Government" (w.e.f. 1-11-1973).

7. See Annexe for the Authorised officer with respective areas of jurisdiction.

8. The words "from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the Scheme" shall stand substituted by Act 33 of 1988, section 20 (to be notified).

9. The words "twenty-five per cent, of" omitted by Act 40 of 1973, section 6 (w.e.f. 1-11-1973).

10. Inserted by Act 40 of 1973, section 6 (w.e.f. 1-11-1973).

11. Inserted by Act 33 of 1988, section 20 (to be notified).