Penalties are defined under section 14 of Employees Provident Funds Miscellaneous Provisions Act, 1952. Provisions under Section 14 of EPF Act 1952 are :
Section 14 of Employees Provident Funds Miscellaneous Provisions Act, 1952 "Penalties"
(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 noncompliance, 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.
Section 8 Mode of recovery of moneys due from employers
Section 8A Recovery of moneys by employers and contractors
Section 8B Issue of certificate to the Recovery Officer
Section 8C Recovery officer to whom certificate
Section 8D Validity of certificate, and amendment thereof
Section 8E Stay of proceedings under certificate and amendment or withdrawal thereof
Section 8F Other modes of recovery
Section 8G Application of certain provisions of Income-tax Act
Section 9 Fund to be recognised under Act 11 of 1922
Section 10 Protection against attachment
Section 12 Employer not to reduce wages, etc
Section 14A Offences by companies
Section 14B Power to recover damages
Section 14C Power of court to make orders
Section 15 Special provisions relating to existing provident funds
Section 16 Act not to apply to certain establishments
Section 18 Protection of Action taken in good faith
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
Schedule I Matters of Industry engaged in Manufacture
Schedule II matters for which provision may be made in a scheme
Schedule III matters for which provision may be made in the pension scheme
Schedule IV matters to be provided in the employees deposit linked insurance scheme
Employees Provident Fund Appellate Tribunal (Procedure) Rules 1997