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LEGAL ACTION

The New Amnesty Scheme-2014


The New Amnesty Scheme-2010, for withdrawal of Criminal Cases filed against the Insured Persons and Employers under Sec. 84, 85 and 85 A of ESI Act 1948 and settlement of cases filed by Employers under Sec. 75 of ESI Act 1948.


HOW DEFAULTERS ARE DEALT WITH
(Under Section 85)

Punishment for failure to pay contributions

Fails to pay contribution due: a) Not less than one year imprisonment in case of failure to pay the employees’ contribution deducted from employees’ wages and/ or fine of Rs. 10000/-.
b) Not less than six months imprisonment, in any other case and/ or fine of Rs. 5000/-.

 

a.Deducts employer’s contribution from the employees’ wages. Commits offence under Section 85(b) to (g) with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 4,000/- or both.
b.Reduces the wages or benefits admissible to an employee.
c.Dismisses discharges, reduces or otherwise punishes an employee while under treatment.
d.Fails or refuses to submit returns or makes a false return.
e.Obstructs any Inspector or other official in the discharge of his duties.
f.Commits offence under Section 85(b) to (g) with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 4,000/- or both.

 

Enhanced punishment in certain cases after previous conviction by Court: a) Punishment with imprisonment for a term which may extend to 2 years and with fine of Rs. 5,000/- .
b) If subsequent offence is for failure to pay contribution which under the Act is liable to pay for every such subsequent offence, be punishable with imprisonment for a term which may extend to 5 years but which shall not be less than 2 years and also liable to fine of Rs. 25,000/- .

PROVISION FOR ADJUDICATION OF DISPUTES (SECTION 75)

The employers and employees have a forum in the form of E.I. Court to get redressal for any of their disputes or grievances subject to the condition that a deposit of 50 % dues is made (unless waived for reasons at the discretion of the Hon’ble Court.)

ACTION UNDER SECTION 138 OF N. I. ACT

Bouncing of cheques for reasons of insufficiency of funds etc.:
Imprisonment upto one year or with fine which may extend to twice the amount of cheques or with both.


ACTION UNDER SECTION 405/406/409 OF I. P. C.

Criminal Breach of Trust:
For non-payment of employees’ contribution which is deducted from the wages of the employees but not paid. Punishment: - Imprisonment which may extend to 3 years or with fine or both.

 
Please know that the wage ceiling for coverage of employees under the ESI Act has been enhanced from Rs. 10,000/= p/m to Rs. 15,000/= p/m with effect from 01.05.2010. Necessary gazette notification can be found in www.esic.nic.in.
 
Unemployment Allowance (RGSKY) Scheme improved : Allowance for 12 months and vocational training on contributory condition of 3years.
The Scheme provides full range of medical care
ESIC is computerizing different functions from August 2010 which will enable the employer and employees