Section 16

Section 16 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f.

Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995).

(2) Any Inspector appointed under sub-section (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with this Act or with any [Scheme or the Insurance Scheme] or for the purpose of ascertaining whether any of the provisions of this Act or of any "[Scheme or the Insurance Scheme] have been complied with 2[in respect of 3[an establishment] to which which any [Scheme or the Insurance Scheme] applies or for the purpose of ascertaining whether the provisions of this Act or any "[Scheme or the Insurance Scheme] are applicable to any 4[establishment] to to which the [Scheme or the Insurance Scheme] has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted 4[establishment]]- (a) require an employer "[or any contractor from whom any amount is recoverable under section 8A] to furnish such information as he may consider necessary º* **. , (b) at any reasonable time "[and with such assistance, if any, as he may think fit, enter and search] search] any 4[establishment] or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the 4[establishment];

(c) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer "[or any contractor from whom any amount is recoverable under section 8A], his agent or servant or any other person found in charge of the "[establishment] of any premises connected therewith or whom the Inspector has reasonable cause to believe to be or to have been, an employee in the 4[establishment]; 8[(d) make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment and, where he has reason to believe that any offence under this Act has been committed by an employer, seize with such assistance as he may think fit, such book, register or other document or portions thereof as he may consider relevant in respect of that offence;] (e) exercise such other powers as the "[Scheme or the Insurance Scheme] may provide. 9[(2A) Any Inspector appointed under sub-section (1) may, for the purpose of inquiring into the correctness of any information furnished in connection with the 10[Pension] Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of the "[Pension] Scheme have been complied with in respect of an establishment to which the "[Pension] Scheme applies, exercise all or any of the powers conferred, on him under clause (a), clause (b), clause (c) or clause (d) of sub-section (2).] 5[1][(2B)] The provisions of the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply to any search or seizure under sub-section (2), "[or under sub-section (2A), as the case may be,] as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code (45 of 1960).] * * 13* * * 1. Subs. by Act 99 of 1976, s. 29, for "Scheme" (w.e.f. 1-8-1976). 2. Ins. by Act 37 of 1953, s. 11. 3. Subs b Act 94 of 1956, s. 3, for "a factory". 4. Subs. by s. 3, ibid., for "factory" 5. Ins. by Act 28 of 1963, s. 9 (w.e.f. 30-11-1963). 6. The words "in relation to the Scheme" omitted by Act 37 of 1953, s. 11. 7. Subs. by Act 28 of 1963, s. 9, for "enter" (w.e.f. 30-11-1963). 8. Subs. by s. 9, ibid., for clause (d) (w.e.f. 30-11-1963). 9. Ins. by Act 16 of 1971, s. 24. 10. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995). 11. Sub-section (2A) re-numbered as sub-section (2B) by s. 24, ibid. (w.e.f. 23-4-1971). 12. Ins. by s. 24, ibid. (w.e.f. 23-4-1971). 13. Omitted by Act 33 of 1988, s. 17 (w.e.f. 1-8-1988). 14. Penalties .- (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act 1[, the Scheme 2[, the 3[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.] 5[(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; 8[(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 10 10 *** ] 11[(1B) An employer who contravenes, or makes default in complying with, the provisions of section 6C, or clause (a) of sub-section (34) 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 13[six months] and shall also be liable to fine which may extend to 14[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 15* .

(2) [Subject to the provisions of this Act, the Scheme] 17[, the 3[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 4[one year, or with fine which may extend to four thousand rupees, or with both]. 18[(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 1. Subs. by Act 16 of 1971, s. 25, for "or under any Scheme". 2. Subs. by Act 99 of 1976, s. 30, for "or the Family Pension Scheme" (w.e.f. 7-9-1976). 3. Subs. by Act 25 of 1996, s. 4, for "Family Pension" (w.e.f. 16-11-1995). 4. Subs. by Act 33 of 1988, s. 18, for "six months, or with fine which may extend to one thousand rupees, or with both" (w.e.f. 1-8-1988). 5. Ins. by Act 40 of 1973, s. 4 (w.e.f. 1-11-1973). 6. Subs. by Act 33 of 1988, s. 18, for "six months" (w.e.f. 1-8-1988). 7. Subs. by s. 18, ibid., for "three months" (w.e.f. 1-8-1988). 8. Subs. by Act 33 of 1988, s. 18 (w.e.f. 1-8-1988). 9. The words "and shall also be liable to fine which may extend to two thousand rupees" omitted by s. 18, ibid. (w.e.f. 1-8-1988). 10. The words "or of fine only in lieu of imprisonment" omitted by s. 18, ibid. (w.e.f. 1-8-1988). 11. Ins. by Act 99 of 1976, s. 30 (w.e.f. 7-9-1976). 12. Subs. by Act 33 of 1988, s. 18, for "six months" (w.e.f. 1-8-1988). 13. Subs. by s. 18, ibid., for "one month" (w.e.f. 1-8-1988). 14. Subs. by s. 18, ibid., for "two thousand rupees" (w.e.f. 1-8-1988). 15. The words "or of fine only in lieu of imprisonment" omitted by s. 18, ibid. (w.e.f. 1-8-1988).

Section 16, The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952).