1[14B. Power to recover damages.-- Where an employer makes default in the payment of any
contribution to the Fund 3[, the 2[Pension] Fund or the Insurance Fund] or in the transfer of accumulations
accumulations required to be transferred by him under sub-section (2) of section 15 3[or sub-section (5) of
of section 17] or in the payment of any charges payable under any other provision of this Act or of 5[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 be authorised by the Central Government, by
notification in the Official Gazette, in this behalf] may recover 7[from the employer by way of penalty
such damages, not exceeding the amount of arrears, as may be specified in the Scheme:]
8[Provided that before levying and recovering such damages, the employer shall be given a reasonable reasonable opportunity of being heard]:
9[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, subject to such terms and conditions as may be specified in the Scheme.]]
8[Provided that before levying and recovering such damages, the employer shall be given a reasonable reasonable opportunity of being heard]:
9[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, subject to such terms and conditions as may be specified in the Scheme.]]
1. Ins. by Act 37 of 1953, s. 13.
2. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995).
3. Subs. by Act 99 of 1976, s. 32, for "or the family pension fund" (w.e.f. 1-8-1976).
4. Ins. by Act 28 of 1963, s. 10 (w.e.f. 30-11-1963).
5. Subs. by Act 99 of 1976, s. 32, for "any scheme" (w.e.f. 1-8-1976).
6. Subs. by Act 40 of 1973, s. 6, for "the appropriate Government" (w.e.f. 1-11-1973).
7. Subs. by Act 33 of 1988, s. 20, for "from the employer such damages, not exceeding the amount of arrears as it may think fit to impose" (w.e.f. 1-9-1991).
8. Ins. by Act 40 of 1973, s. 6 (w.e.f. 1-11-1973).
9. Ins. by Act 33 of 1988, s. 20 (to be notified).