07 September 2012
I need to get EPS balance(Employee Pension Scheme) not PF, I am able to check my PF balance but not EPS. Can anybody help me out in this matter ?
02 June 2013
What are the various modes in which the Central Regional Provident Fund Commissioner can recover arrears of any amount due from any employer under section 8 of the Act?: The Central Regional Provident Fund Commissioner can recover such arrears- by issuing a certificate to the Recovery Officer to recover the arrears from the employer by one or more of the modes mentioned in section 8-B; by requiring any person from whom any money is due to the employer to deduct the amount of arrears from such money and pay the same to him, i.e., the Central Regional Provident Fund Commissioner; by issuing a notice to any person from whom any money is due to the employer, requiring to pay the amount of arrears to him, i.e., the Central Regional Provident Fund Commissioner; by applying to the Court, in whose custody there is any money belonging to the employer, for payment of the amount of arrears from such money to him, i.e., the Central Regional Provident Fund Commissioner; by distraint and sale of the moveable property of the employer in the manner laid down in the Third Schedule to the Income Tax Act, 1961. {Subsection 8(B) to 8(G)} Can Recovery Officer impose interest on the amount mentioned in the Recovery Certificate?: The position of a Recovery Officer in exactly that of an executing court. He can recover only the amount specified in the certificate. If the certificate does not include any interest, it is beyond the competence of the Recovery Officer to demand such amount. What are the offences under the Act what is the punishment for them?: If any person, for the purpose of avoiding any payment to be made under the Act or the Schemes, knowingly makes any false statement or false representation, he would be punished with imprisonment upto one year, or with fine upto Rs. 5000.00 or with both. If any employer makes default in payment of the employer's contribution or the employee's contribution payable under the Employees' Provident Funds Scheme or paragraph 38 of the said scheme relating to the payment of administrative charges, or under section 17(3)(a) of the Act relating to the payment of inspection charges, he would be punished with imprisonment upto three years but it shall not be less than one year and a fine of Rs. 10000.00 in case of default in payment of the employee's contribution which has been deducted by the employer from the employees' wages and six months and a fine of a Rs. 5000.00 in any other case. If any employer makes default in payment of the employer's contribution or the administrative charges payable under the Deposit Linked Insurance Scheme under section 6-C or contravenes the provisions of section 17(3)(a) relating to the payment of inspection charges, he would be punished with imprisonment upto 1 year, but which shall not be less than 6 months, plus fine upto Rs. 5000.00 If any person contravenes or makes default in complying with any other provision of the Act or any condition for exemption from any scheme, he would be punished with imprisonment upto six months but which shall not be less than 1 month and with fine upto Rs. 5000.00 or with both. If any person convicted of an offence under the Act or the Schemes commits it again, he would be punished with imprisonment upto five years but which shall not be less than two years, plus fine upto Rs. 25000.00 {Section 14 & 14(AA)} Is there any period of limitation for exercising the powers of levying damages under section 14-B of the Act?: No period of limitation is prescribed in the Act for exercising the power of levying damages under section 14-B of the Act.
Are there any guidelines for quantifying damages Leviable under section 14-B of the Act for making default in payment of contribution?: In 1991, the Central Government, by inserting Para 32-A in the Employees' Provident Funds Scheme, has laid down different rates of damages depending upon the period of default. Courts have held that it is not just and fair to levy damages at a flat rate for different periods of default.
Is any damage leviable on the employer delaying any payment due from him under the Act or the Schemes?: If any employer makes default- in the payment of any contribution to any Fund; in the transfer of accumulations as required under Section 15(2) or Section 17(5); in the payment of any charges payable under the Act or Schemes the Central/Regional Provident Fund Commissioner can levy and recover from the employer by way of penalty such damages not exceeding the amount of arrears, as may be specified in the scheme. The Central Board may reduce or waive the damages levied by the Commissioner in certain case. {Section 14(B)} Could the employer be punished under section 14-B in case the remittance of contribution by him is delayed in a bank of post office?: If the remittance of contribution to Provident Fund is delayed on account of the delay in a Bank or post office, the employer cannot be penalized for it under section 14-B.
Is the employer liable to pay the contribution when he is not in a position to pay wages to the employees?: The employer is liable to pay the employer's contribution as well as the employee's contribution irrespective of the fact that wages have been paid to the employees or not.
Is there any offence under the Act which is cognizable?: The offence relating to default in payment of any contribution especially the employee's share deduct from the wages of the employees by the employer is cognizable. That means a person committing such offence can be arrested by the police without warrant. {Section 14(AB)}
CAclubindia
