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Union of India - Section
Section 5 in The Employees' Pension Scheme, 1995
5. Recovery of damages for default in payment of any contribution.-
[(1) Where a employer makes default in the payment of any contribution to the Employees' Pension Fund, or in the payment of any charges payable under any other provisions of the Act or the Scheme, the Central Provident Fund Commissioner or such officer as may be authorized by the Central Government by notification in the Official Gazette in this behalf, may recover from the employer by way of penalty, damages at the rates given in the table below:-| SL.No | Period of default | Rate of damages (Percentage of arrears per annum) |
| (1) | (2) | (3) |
| (a) | Less than two months | Five |
| (b) | Two months and above but less than four months | Ten |
| (c) | Four months and above but less than six months | Fifteen |
| (d) | Six months and above | Twenty-five. |