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Employees Provident Funds Miscellaneous Provisions Act, 1952

Section 2 Definitions

Section 2A Establishment to include all departments and branches

Section 3 Power to apply Act to an establishment which has a common provident fund with another establishment

Section 4 Power to add to Schedule I

Section 5 Employees’ Provident Funds Scheme

 

 

Section 5A   Central Board

Section 5AA  Executive Committee

Section 5B  State Board

Section 5C  Board of Trustees to be body corporate

Section 5D  Appointment of officers

Section 5DD  Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds

Section 5E  Delegation

 

 

Section 6  Contributions and matters which may be provided for in Schemes

Section 6A  Employees Pension Scheme

Section 6C  Employees Deposit-linked Insurance Scheme

Section 6D  Laying of Schemes before Parliament

Section 7  Modification of Scheme

Section 7A  Determination of moneys due from employers

Section 7B Review of orders passed under Section 7A

Section 7C Determination of escaped amount

Section 7D Employees’ Provident Funds Appellate Tribunal

7E Term of office

Section 7F Resignation

Section 7G Salary and allowances and other terms and conditions of service of Presiding Officer

Section 7H Staff of the Tribunal

Section 7I Appeals to the Tribunal

Section 7J Procedure of Tribunals

Section 7K Right of appellant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers

Section 7L Orders of Tribunal

7M Filling up of vacancies

Section 7N Finality of orders constituting a Tribunal

Section 7O Deposit of amount due, on filing appeal

Section 7P Transfer of certain applications to Tribunals

Section 7Q Interest payable by the employer

Section 7A  Determination of moneys due from employers - Employees Provident Funds Miscellaneous Provisions Act, 1952

What is Determination of moneys due from employers? Section 7A of Employees Provident Funds Miscellaneous Provisions Act, 1952

 

  Determination of moneys due from employers is defined under section 7A of Employees Provident Funds Miscellaneous Provisions Act, 1952. Provisions under Section 7A of EPF Act 1952 is :

Section 7A of Employees Provident Funds Miscellaneous Provisions Act, 1952 "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.

 

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