Epf

Consequences for delaying EPF

(1) Whoever for the purpose of avoiding any payment to be made by himself under this Act the Scheme the Pension Scheme or the Insurance Scheme or of enabling any other person to avoid such payment knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to one year or with fine of five thousand rupees or with both.

(1A) An employer who contravenes or makes default in complying with the provisions of section 6 or clause (a) of sub-section (3) of section 17 in so far as it relates to the payment of administrative charges shall be punishable with imprisonment for a term which may extend to three years but

(a) which shall not be less than one year and fine of ten thousand rupees in case of default in payment of employees' contribution which has been deducted by the employer from the employees' wages;

(b) which shall not be less than six months and fine of five thousand rupees in any other case :

Provided that the court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a lesser term.

(1B) An employer who contravenes or makes default in complying with the provisions of section 6C or clause (a) of sub-section (3A) of section 17 in so far as it relates to payment of inspection charges shall be punishable with imprisonment for a term which may extend to one year but which shall not be less than five thousand rupees;

Provided that the court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a lesser term. 

(2) Subject to the provisions of the Act the Scheme the Pension Scheme or the Insurance Scheme may provide that any person who contravenes or makes default in complying with any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months but which shall not be less than one month and shall also be liable to fine which may extend to five thousand rupees.

(2A) Whoever contravenes or makes default in complying with any provision of this Act or of any condition subject to which exemption was granted under section 17 shall if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance be punishable with imprisonment which may extend to six months but which shall not be less than one month and shall also be liable to fine which may extend to five thousand rupees

Do you have the POD of delivery of the forms and acknowledgment from company stating that the forms have been received?

In all probabilities company shall decline and shall ask you to submit the forms again.

If you can establish that forms were supplied by you, you can succeed in getting the company penalized.

You can lodge a complaint with good offices of your appointing authority, MD, CEO, Head-HR, Company Secretary, in writing, under acknowledgment, by letter and if you have already failed in getting a relief, you can lodge a complaint with concerned RPFC online/by letter. You can get the addresses, phone number etc. from

www.epfindia.gov.in

While you lodge a complaint mention complete address of the company with phone numbers, email id, fax number of the company and date of supply of your forms with POD.

Why cannot y9u make a written complaint to the RPFC seeking prosecution of the employer for failure to attest form

If you are employed then why you do not get the credit transferred as it is more beneficial.

Learned Mr. Sudhir Kumar has rightly advised. Kindly follow the advise.

It is beneficial for you to transfer the PF, as after 10 years you are entitled for pension, and if you withdraw you loose a portion of the accrued funds.