Section 14C EPF Act 1952: Power of Court to Make Orders

Section 14C of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 gives the criminal court an additional remedial power when an employer is convicted for specified defaults. Besides imposing punishment, the court may direct payment of the defaulted contribution or transfer of the required accumulations within a specified period.

In brief: Section 14C operates after conviction. It enables the court to set a compliance period, allows that period to be extended on application, and provides consequences if the court's order is not fully obeyed after the allowed period expires.

What Section 14C Covers

The provision applies where an employer is convicted for default in payment of a contribution to the Fund, Pension Fund or Insurance Fund, or for failure to transfer accumulations required under Section 15(2) or Section 17(5). The order under Section 14C is additional to the punishment imposed for the offence.

Section 14C - Statutory Provision

14C. Power of court to make orders.

(1) Where an employer is convicted of an offence of making default in the payment of any contribution to the Fund, the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17, the court may, in addition to awarding any punishment, by order in writing require him within a period specified in the order, which the court may, if it thinks fit and on application in that behalf from time to time, extend, to pay the amount of contribution or transfer the accumulations, as the case may be, in respect of which the offence was committed.

(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and shall be punished with imprisonment in respect thereof under section 14 and shall also be liable to pay fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with.

Meaning and Effect of Section 14C(1)

Sub-section (1) is triggered by a conviction for the specified default. The court may then issue a written order directing the employer to cure that default by paying the relevant contribution or transferring the relevant accumulations. The court fixes the time for compliance and may extend that time on an application made for that purpose.

Meaning and Effect of Section 14C(2)

Once the court grants a compliance period under sub-section (1), the employer is protected from liability under the Act for continuation of that offence during the period allowed by the court. That protection is conditional. If the order remains not fully complied with when the period or extended period expires, the statute treats the employer as having committed a further offence.

For that further offence, Section 14C(2) links the imprisonment consequence to Section 14 and also provides for a fine that may extend to Rs. 100 for every day of non-compliance after expiry of the period allowed by the court.

Related Provisions Referred to in Section 14C

Practical Sequence Under Section 14C

  1. An employer is convicted for a default covered by Section 14C(1).
  2. The court may impose the punishment prescribed for the offence.
  3. In addition, the court may order payment of contributions or transfer of accumulations within a stated time.
  4. On application, the court may extend the compliance period if it considers an extension appropriate.
  5. If the employer fully complies within the allowed period, Section 14C(2) protects against liability for continuation of the offence during that period.
  6. If full compliance is not made by expiry of the allowed period, a further offence is deemed to have been committed and the consequences stated in Section 14C(2) follow.

Official Legal Sources

For the current statutory text and amendments, readers should verify the Act from official Government sources. The consolidated India Code text available in 2026 identifies the enactment as Act No. 19 of 1952. The Ministry of Labour and Employment and EPFO also publish the Act and related schemes.

Legal note: This page is a general explanation of the statutory provision. For a prosecution, compliance dispute or other case-specific issue, the current Act, applicable schemes, notifications and judicial orders should be checked on the facts of the matter.