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EMPLOYEE STATE INSURANCE ACT

1948

Related Legislation: - ESI (Central) Rules, 1950 - ESI (General Provident Fund) Rules, 1950 - ESI (General) Regulations, 1950

OFFENCES

Section Offence Penalty
84 Making a false statement or representation in order to avoid making payments under the act, or in order to receive extra payments Imprisonment for six months and / or fine upto Rs. 2000.
85(a) Failing to pay contribution due under the act Imprisonment for upto three years, but
- not less than one year alongwith a fine of Rs 10000 in case of failure to pay contribution which has been deducted from wages, and
- not less than 6 months with a fine of Rs 4000 in other cases
85(b,c) Deducting Employer's contribution from the wages or reduces the wages or privileges or benefits to the employee Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
85(d) Discharges, Dismisses, Reduces or punishes an employee in contravention of Section 73 Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
85(e) Fails or refuses to submit a return, or makes a false return Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
85(f) Obstructs an inspector or any other official of the Corporation in the discharge of duties Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
85(g) Guilty of contravention of the act where no specific penalty is provided Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
85-A Repeat offence having been convicted earlier of same offence (Except for payment of contribution) Imprisonment for a term of upto two years, and with fine of upto Rs 5000
85-A Repeat offence having been convicted earlier of same offence with regard to payment of contribution Imprisonment for 5 years, and not less than 2 years, and fine upto Rs. 25000.