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Hi All,

Please help me in understanding the above-mentioned issue. If any company has not deposited the deducted PF money from its employees with the Government, what actions can be taken against that company and who are the contact persons regarding this?

From India, Hyderabad

Hi, Dear,

Deducting PF from employees and not depositing it falls under the purview of Section 420. The appropriate government may take action against the employer, and the employer can even be arrested. In such a scenario, the PF inspector is the right person to contact.

Regards,
Khushbu

From India, Delhi

Dear Sarath/Neha,

It is a criminal breach of trust under Section 405/406 of the Indian Penal Code, which is a criminal offence, and an FIR can be lodged against the person responsible on Form 5A. An FIR can be lodged by any affected person. However, if an employer does not deposit his share, there is not much problem, but deducting the employee's share and not depositing it is a criminal offence.

Thank you,
J. S. Malik

From India, Delhi

Dear Khushbu and Mr. Malik,

Thanks for the reply. Can anybody help us with any kind of contact details? Around 12 of us have left the company about 10 months ago, and we have been trying to reach out to them, but they are not responding at all. We submitted the PF form 8 months ago, but they have not sent it to the PF office. They won't even speak to us on the phone. Despite sending 18 to 20 emails, we have not received any replies from them. Please suggest.

Thank you.

From India, Mumbai

Dear Neha,

I do not know your location. You can fill up your form with whatever information you have and deposit it at the regional Provident Fund Office along with an application stating that your employer has not signed it. Please remember to take a receipt of the PF form and letter from them. It is the responsibility of the PF office to verify it with the employer. This provision is specified in the PF Act. If you need, I can check and inform you about the relevant sections.

Thanks,
J. S. Malik

From India, Delhi

Dear Mr. Malik, We are from Mumbai, and mumbai PF office is in Bandra, I have a new PF from also with me, kindly le me know what kind of letter should i attach with that PF form. Regards Neha
From India, Mumbai

Dear Neha,

Could you please fill up both forms? One is 10C, and the other is 19B. You may know your PF account number, and you need to fill in all the entries, sign in all the designated places, and deposit the forms with a simple application to the Regional Fund Commissioner. In the application, mention that your past employer is not attesting it and harassing you without any valid reason. As per the provisions of Section 72E of the said act, PF authorities will certify the forms themselves.

Thank you.

JS Malik

From India, Delhi

Dear Mr. Malik,

Thank you for the information. I will do the same. I hope it will work because I have heard from someone that PF officers also take money to do all those things, and some companies are yearly paying money to them for not depositing the form.

Anyways, thanks for the information, I'll do the same. Let me at least try.

Neha

From India, Mumbai

dear neha pls donot pay anything for this purpose they have to do it otherwise your can move a case in consumer forum. tks j s malik
From India, Delhi

Mr.malik, I want to know if comapny is not deducting and submitting PF on his contract labours. What action can be taken on company by PF deptt.? Can you help on this? Regards, Shilpi
From India, New Delhi

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