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      Question

      Under Section 54 of the Code on Wages, 2019, what is the

      penalty for an employer who pays wages less than the amount due under the Code for a first offence, and what is the increased penalty upon repetition within 5 years?
      A First offence: fine up to ₹10,000; repeat offence: fine up to ₹50,000 Correct Answer Incorrect Answer
      B First offence: fine up to ₹50,000; repeat offence: imprisonment up to 3 months and/or fine up to ₹1 lakh Correct Answer Incorrect Answer
      C First offence: imprisonment up to 1 month; repeat offence: imprisonment up to 6 months and fine up to ₹2 lakhs Correct Answer Incorrect Answer
      D First offence: fine up to ₹25,000; repeat offence: fine up to ₹75,000 Correct Answer Incorrect Answer

      Solution

      Section 54 of the Code on Wages, 2019 introduces a graded penalty system a significant improvement over the fragmented and inconsistent penalty provisions under the earlier four Acts. For a first offence of paying any employee less than the amount due whether as minimum wages, bonus, or any other entitlement the employer is punishable with a fine of up to ₹50,000. If the same offence is repeated within 5 years, the penalty escalates to imprisonment for up to 3 months, or fine up to ₹1 lakh, or both. For contravention of any other provision of the Code, the penalty is a fine of up to ₹20,000 for the first offence. The Code also provides for compounding of offences under Section 53, where designated officers of the appropriate Government can impose a penalty without court proceedings to reduce litigation burden. This graded approach is designed to act as a strong deterrent while giving first-time offenders a less severe initial consequence.

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