EMPLOYEES' PROVIDENT FUND AND MISCELLENEOUS ACT, 1952.
A.R.KUPPUSAMI
(Querist) 13 October 2008
This query is : Resolved
Please give a case wise explanation:
Case No:1) If a Company covered w.e.f. retrospective date, the payment of E.P.F dues assessed for the whole period and submitted along with EPF coverage application- The Company is covered from the date as assumed in the application- Is the Company is liable to pay the penal damages and interest from the date of coverage even the payment made at the time of filing coverage application?
Case No:2)While forwarding the coverage details to the Company- Normally the EPF Officials fill the Coverage memo and advice to remit the contribution within a stipulated time limit- The above case covered retrospectively for instance one year before the date of filing coverage application- The Company remits the EPF dues within the stipulated period/or not remitted the contribution within the stipulated time limit and make a delayed payment like 90 days- Is there any Policy or Act to compute and remit the Damages and Interest from the date of coverage or
from the date advised in the Coverage memo
under what basis? accordance with law, Para 32A has given a schedule of rate of damages for delayed days- is the damages and interest is applicable for the pre-discovery period(Pre-discovery period means: The date of retrospective coverage to the date of advise sent to the Company)
Case No:3) In accordance with EPF Act Para 32A, clearly denotes that the recovery of damages for default in payment of any contribution, may recover from the employer as below:
Less than 2 months 17% per annum
Two months and ^ but
less than 4 months 22% ---do---
like wise, Is there any provision or discretionary power to the EPF Officials to compute less than 17% even the time limit exceeds 120 days?
Expecting a favourable reply from the experts.
with regards
A.R.KUPPUSAMI
Hiralal Das
(Expert) 04 April 2009
Sorry it is unavailable to me in this time. Hope any of the members of this forum will help you obviously to solve your problem. I can also assist you few days later.
