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Penal Provisions |
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Section
-84: This section deals with penalties
for making wrong / false statements made by the
Insured Persons with a view to take any benefit
which is not admissible to him under the
Act. Such Act is an offence punishable
under Act with imprisonment for a term which may
extent to six months or with fine which may
extend to Two thousand rupees or with both.
It is also provided under this section that if
an Insured Person is convicted by the Court for
an offence committed by him under this section,
he shall not be entitled to any cash benefits
available under the Act for such a period as may
be prescribed by the Central Government.
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Section
-85: This
section deals with penalties for non –
compliance with the various provisions of the
ESI Act and Regulations made there under, such
as non-payment of contribution, non-submission
of Returns, non-Production of records,
non-submission of Declaration Forms in respect
of their employees, obstruction of Inspector or
any other official of the corporation in
discharging his duties etc. Such
non-compliance with any of the provisions of the
Act constitutes an offence committed by the
employer of a covered Factory / Establishment
which is punishable under Section 85(a) to 85(g)
of the Act. |
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Section
-85(a): Envisages that if an employer fails to pay any
contribution payable under the Act within the
prescribed time-limit, he thus commit an offence
u/s 85(a) of the Act, which is punishable with
imprisonment for a term which may extent to
three years u/s 85(i) of the Act, provided it
shall not be less than One year and fine of Ten
thousand rupees u/s 85(i) (a) of the Act where
employees’ share of contribution is deducted by
the employer from their wages but not
paid. In other case where term of
imprisonment shall not be less than 6 months and
fine of Five thousand rupees u/s 85(i) (b). |
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Section
-85(b) to 85(g): Says that if an employer commits
an offence under this section for non-compliance
with any other provisions of the Act, which is
punishable with imprisonment for a term which
may extends to One year or with fine up to Four
thousand rupees or with both. |
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Section
-85A: This
section deals with enhanced punishment in
certain cases after previous conviction.
If any employer convicted by a Court for
an offence punishable under the Act,
committing the same offence, shall,
for every such subsequent offence, be punished
with imprisonment for a term which may extend to
Two years and with fine of Five thousand
rupees.
It is provided that if such subsequent offence
is for failure to pay contribution payable under
the Act, the employer shall, for every such
subsequent offence, be punished with
imprisonment for a term which may extend to Five
years but which shall not be less than Two years
and shall be liable to pay fine of Twenty five
thousand rupees. |
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