Mode of recovery
anshul sangal
(Querist) 09 October 2009
This query is : Resolved
What are the various mode of recovery of money under Employee provident funds and miscellaneous provision act 1952.
Arul Kumar
(Expert) 09 October 2009
Dear Mr. Anshul,
The Mode of Recovery is as follows:
The amount of contribution, damages, Accumulations required to be paid by the employer can be recovered from him through attachment and sale of movable or immovable property of the establishment
Sachin Bhatia
(Expert) 09 October 2009
EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
Mode of recovery of moneys due from employers.
8. Any amount due—
(a) from the employer in relation to 77[an establishment] to which any 78[Scheme or the Insurance Scheme] applies in respect of any contribution payable to 78a[the Fund or, as the case may be, the Insurance Fund] damages recoverable under section 14B, accumulations required to be transferred under sub-section (2) of section 15 79[or under sub-section (5) of section 17] or any charges payable by him under any other provision of this Act or of any provision of the 78a[Scheme or the Insurance Scheme]; or
(b) from the employer in relation to an exempted 79a[establishment] in respect of any damages recoverable under section 14B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified 80[under section 17 or in respect of the contribution payable by him towards the 80a[* * *] Pension Scheme 86[or the Insurance scheme] under the said section 17],
may, if the amount is in arrear, 81[be recovered 82[in the manner specified in sections 8B to 8G]].
A K CHANDOK
(Expert) 11 October 2009
Section 8 of the ACT deals with the Mode of Recovery.Pl. go through meticuosly as it is very important, specially 8-f. Assessing Officer/ Recovery Officer has vast powers to recover as per III Schedule of INCOME TAX.BESIDE ATTACHMENT OF BANK Account, Property of the estt./Employer can be attached and sold after completion of formalities. Even Employers are held liable and subject to civil imprisonment .Pl. don't take it lightly. Adopt remedial measures such as filing Review application u/s 7-B/appeal if case is genuine and required and is not time barred as per EPF Act/Limitation Act.
