Section 7A [Determination of moneys due from employers. of Employees Provident Funds And Miscellaneous Provisions Act, 1952
[Determination of moneys due from employers.
7A. [(l) 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 1860).
(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 inqury 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 made 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 inqury :
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.]]
Analysis by ExpertsNo explanations yet!!! Please, Login to provide explanation for this section.
Never File Wrong GSTR-1
Check your GST numbers in bulk. Check unlimited GST numbers with very cheap packages.
- Section 1 Short title, extent and application
- 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 Fund Schemes
- 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 50 [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 6B Employees Deposit-linked Insurance Scheme.
- Section 6C 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 1[Tribunal.
- Section 7E
- Section 7F
- Section 7G
- Section 7H
- Section 7I Appeals to 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
- Section 7M
- Section 7N
- 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 8 Mode of recovery of moneys due from employers.
- Section 8A [Recovery of monies by employers and contractors.
- Section 8 B [Issue of certificate to the Recovery Officer.
- Section 8 C Recovery Officer to whom certificate is to be forwarded.
- Section 8 D Validity of certificate and amendment thereof.
- Section 8 E Stay of proceedings under certificate and amendment or withdrawal thereof.
- Section 8 F Other modes of recovery.
- Section 8 G Application of certain provisions of Income-tax Act.
- Section 9 Fund to be recognised under Act XI of 1922.
- Section 10 Protection against attachment.
- Section 11 Priority of payment of contributions over other debts.
- Section 12 3 [Employer not to reduce wages, etc.
- Section 13 Inspectors.
- Section 14 Penalties.
- Section 14A [Offences by companies.
- Section 14 AA Enhanced punishment in certain cases after previous conviction.
- Section 14AB Certain offences to be cognizable.
- Section 14 AC Cognizance and trial of offences.
- Section 14B [Power to recover damages.
- Section 14 C Power of court to make orders.
- Section 15 Special provisions relating to existing provident funds.
- Section 16 Act not to apply to certain 54a [establishments].
- Section 16A [Authorising certain employers to maintain provident fund accounts.
- Section 17 [Power to exempt.
- Section 17A Transfer of accounts.
- Section 17AA [Act to have effect notwithstanding anything contained in Act 31 of 1956.
- Section 17B [Liability in case of transfer of establishment.
- Section 18 [Protection of action taken in good faith.
- Section 18A Authorities and inspector to be public servant.
- Section 19 [Delegation of powers.
- Section 20 [Power of Central Government to give directions.
- Section 21 Power to make rules.
- Section 22 Power to remove difficulties.
- Section SCHEDULE I
- Section SCHEDULE II
- Section SCHEDULE III
- Section SCHEDULE IV