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Penalties for Non-Compliance
Section 26 — Penalty on Employer
For failure to constitute ICC (or any other employer obligation under the Act):
- Fine up to ₹50,000
- Second and subsequent violations: Fine doubled — up to ₹1,00,000 AND cancellation of licence/registration to carry on business
Consequences of cancellation: No employer whose registration/licence is cancelled can re-operate without fresh registration — effective deterrent for large establishments.
Section 17 — Penalty for Breach of Confidentiality
If any person — including ICC members — breaches the confidentiality requirement under Section 16:
- Fine up to ₹5,000 — to be deducted from salary or paid as penalty
Key Numbers Summary:
| Violation | Penalty |
|---|---|
| ICC not constituted | ₹50,000 fine |
| Repeat violation | ₹1,00,000 + licence cancellation |
| Confidentiality breach | ₹5,000 |
| Inquiry to be completed in | 60 days |
| Complaint must be filed in | 3 months (extendable to 6) |
| Annual report to be submitted by | End of each calendar year |
