VNPraveen Started The Discussion:
My organisation has been issued a notice by enforcement dept.u/s 7a of EPF & MP act 1952 for submission of relavant records. Now can anybody please clarify what are relavant records. Its urgent.
Well my friend this is serious issue....
This is a inquiry wherein the authority will throughly see all the records and penalise if not found ok.
The authority is having all the powers as civil court like examination of evidences(oral, documentary)
u have to provide all the documents like Income Tax Returns, PF returns, Wage registers, Muster rolls etc.
So better start gathering the informations on that basis.
As set out in the earlier post by Mr Singh it is a serious business & it is an inquiry which will fasten you with penal & monetary consequences :
7A. Determination of moneys due from employers. – (1) The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident Fund Commissioner or any Assistant Provident Fund Commissioner may, by order,
(a) in a case where a dispute arises regarding the applicability of this Act to an establishment, decide such dispute; and
(b) determine the amount due from any employer under any provision of this Act, the Scheme or the Pension Scheme or the Insurance Scheme, as the case may be,
and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary.
(2) The officer conducting the inquiry under sub-section 1 shall, for the purposes of such inquiry have the same powers as are vested in a court under the code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:-
(a) enforcing the attendance of any person or examining him on oath:
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses,
and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code 45 of 1960.
(3) No order shall be made under sub-section 1, unless the employer concerned is given a reasonable opportunity of representing his case.
(3A) Where the employer, employee or any other person required to attend the inquiry under sub-section 1 fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so, the officer conducting the inquiry may decide the applicability of the Act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record.
(4) Where an order under sub-section 1 is passed against an employer ex-parte, he may, within three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer that the show cause notice was not duly served or that he was prevented by any sufficient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry:
Provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the officer.
Explanation.- Where an appeal has been preferred under this Act against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order.
(5) No order passed under this section shall be set aside on any application under sub-section 4 unless notice thereof has been served on the opposite party.
Pls take local specialist legal advice,
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.
I had faced the inquiry when i was working with one manufacturing company, where we have to meet the P.F. Officer, and asked him , the details to be submitted before them, In our case, they have asked TDS & Bill passing records w.r.t. to each labour contractor, than they had verified with the P.F. deducted and remmitted to Regional P.F. Commissioner, Accordingly P.F. Officer will pass the order of amount to be deposited as a recovery , damages alongwith penalties with interest.
The best way to deal with P.F. authorities is to hire some legal consultant dealing with P.F, he will settle the matter in less liabilities to the company.
Dear Praveen,There are various reasons for issueing 7A and generraly it is issued when any company fails to submit the monthly contribution cuts, in this case without any physical inspection of Enforcement officer the authority from the office sent a summon for apperance in 7A.In other case after a surprise inspection of Emforcement officers and after varifying records, (they can also seize the record) they issue a 7A for the statment of the company.If the company had failed to deposite the contributions it is better to pay at least employees contribution to avoid any legal mattersThanks,rrtpan
You have to prepare a statement related to wages, contribution for the period for which you have been issued 7-A i.e. for the period for which you have been asked to produce records.
1. Apr to Mar of that year
a) PF Wge
b) A/c No.-1
c) A/c No.-2
d) A/c No. 10
e) A/c No. 21
f) A/c No. 22
Then Total of all heads.
and apart from that prepare a details report for every financial year (Month wise) regarding-:
1. Total No. of employees
2.) Exempted employees
3.) Basic Salary
4.) Salary ledger details for every month (Take help of a/c deptt.)
5. Exempted Salary
6.) Challan Amt.
7.) Date of deposit of challan
And find the difference which may come out in your salary register and whatever salary shown by a/c deptt. in the ledger. and try to find the cause of difference and remove that, the same thing you have to follow for your contractors also, they will have to give you their summary as per the details given above.
I hope this will help you.
We (principal employer) have recd an order under Sec 7A of the EPF & MP act 1952 for payment of dues,coz in our case, the establishment to which the work was alloted failed to remit the PF dues to the concerned authorities.
Also, the principal employer had given an undertaking that if the establishment fails ,then principal employer shall remit the dues to the workforce.
Now the establishment propreitor has been absconding and the liablity is on the PE (principal employer) to pay the dues.
Pls suggest, what is to be done.
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