Section 82: General Penalty Where No Specific Penalty is Provided

Overview

Section 82 of the Code on Social Security, 2020, doesn’t relate to a specific social security benefit like Provident Fund, ESI, gratuity, or maternity benefit directly. Instead, it’s a crucial provision that applies across all schemes covered under the Code. It acts as a safety net, ensuring that any violation of the Code’s provisions – regardless of the specific scheme – can be penalized, even if a specific penalty isn’t explicitly stated elsewhere in the Code. This section empowers authorities to address non-compliance comprehensively.

Who is Covered?

• This section applies to all employers and employees covered under the various schemes administered under the Code on Social Security, 2020. This includes establishments and workers falling under the Employees’ Provident Funds and Miscellaneous Provisions Act, the Employees’ State Insurance Act, the Payment of Gratuity Act, the Maternity Benefit Act, and other related legislation.
• Eligibility for coverage under the specific schemes (and therefore, potential application of Section 82 penalties) depends on the individual scheme’s requirements. These typically involve factors like the number of employees in an establishment, wage ceilings, and the nature of employment.

Benefits and Contributions

Section 82 itself doesn’t deal with benefits or contributions. It deals with the consequences of failing to adhere to the rules surrounding benefits and contributions established by the various schemes under the Code. The benefits and contribution responsibilities are defined within the specific Acts (like ESI, PF, Gratuity, Maternity Benefit) that are now consolidated under this Code.

Procedure and Compliance

When a violation of the Code occurs and no specific penalty is prescribed, the competent authority or court will follow these general steps:

1. Identify the Violation: Determine that a provision of the Code has been breached.
2. Determine Applicability of Section 82: Confirm that no specific penalty is outlined for that particular violation in any other section of the Code or related rules.
3. Impose Penalty: The authority or court will then impose a penalty, typically a fine, and potentially a short term of imprisonment, as deemed appropriate based on the severity of the violation. The exact amount of the fine isn’t specified in Section 82 itself, giving authorities some discretion.

Practical Examples

• Example 1: An employer fails to maintain a specific register required by the Code, and the Code doesn’t specify a penalty for that particular register’s omission. Section 82 would allow the authority to impose a general penalty (a fine) for the non-compliance.
• Example 2: An employer delays submitting a report required under the Code, and the specific Act governing that report doesn’t define a penalty for late submission. Section 82 can be invoked to penalize the employer with a fine.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. The Code on Social Security, 2020, is a complex piece of legislation, and specific legal advice should be sought from a qualified professional for any particular situation.