Hello Everybody,
Can anybody help me???
Please tell me that what is the penalty for late submission of PF ECR, what is the process of penalty, how much penalty and after how many days penalty will start???
will be thankful for you....
From India, Delhi
12Can anybody help me???
Please tell me that what is the penalty for late submission of PF ECR, what is the process of penalty, how much penalty and after how many days penalty will start???
will be thankful for you....
From India, Delhi
Dear Loveneet,
I hope this could help you
under Section 14 of the pf Act deals with penalties and 32-A deals with damages.
where an employer 1. makes default in the payment of any contribution to the provident fund or pension fund or insurance fund or, 2. makes default in the transfer of accumulations required to be transferred by him or,3. makes default in the payment of any charges payable under the act or scheme may be recovered from the employer b;y way of penalty,damages at the following rates.
1. less than 2 months- 17% p.a 2. 2 months and above but less than 4 months- 22% p.a. 3. 4 months and above but less than 6 months- 27% p.a.4. 6 months and above -37% ( para 32A of EPF scheme)
OFFENCES AND PENALTIES are specified in para 14 of the EPF Act.
in that if an employer fails to pay contribution, submit returnsetc.,he shall be punishable with imprisonment which may extend to one year or with fine which may extend to rs.4000/ under the provident fund scheme and the insurance scheme rs. 5000/ under pension scheme or with both 1. he deducts or attempts to deduct from the wages or other remuneration of the member the whole or any part of the employers contribution, or he fails or refuses to submit any return, statement or other document required by this scheme or submits a false return statement or other document or makes a false declaration, or he obstrucs any inspector or other official appointed under this act or this scheme in discharge of this duties or fails to produce any record for inspection by such inspector or other official or he is guilty of contravention of or non-compliance with any other requirement of theis scheme. ( para 76 of EPF,para 42 of EPS, para 29 of edli scheme)
hence to sumup the employer is both liable for damages and penalities if he contravenes the law. hope i have cleared your doubt.
Thanks & Regards
Ankita
Executive HR
SNGL
From India, Patna
I hope this could help you
under Section 14 of the pf Act deals with penalties and 32-A deals with damages.
where an employer 1. makes default in the payment of any contribution to the provident fund or pension fund or insurance fund or, 2. makes default in the transfer of accumulations required to be transferred by him or,3. makes default in the payment of any charges payable under the act or scheme may be recovered from the employer b;y way of penalty,damages at the following rates.
1. less than 2 months- 17% p.a 2. 2 months and above but less than 4 months- 22% p.a. 3. 4 months and above but less than 6 months- 27% p.a.4. 6 months and above -37% ( para 32A of EPF scheme)
OFFENCES AND PENALTIES are specified in para 14 of the EPF Act.
in that if an employer fails to pay contribution, submit returnsetc.,he shall be punishable with imprisonment which may extend to one year or with fine which may extend to rs.4000/ under the provident fund scheme and the insurance scheme rs. 5000/ under pension scheme or with both 1. he deducts or attempts to deduct from the wages or other remuneration of the member the whole or any part of the employers contribution, or he fails or refuses to submit any return, statement or other document required by this scheme or submits a false return statement or other document or makes a false declaration, or he obstrucs any inspector or other official appointed under this act or this scheme in discharge of this duties or fails to produce any record for inspection by such inspector or other official or he is guilty of contravention of or non-compliance with any other requirement of theis scheme. ( para 76 of EPF,para 42 of EPS, para 29 of edli scheme)
hence to sumup the employer is both liable for damages and penalities if he contravenes the law. hope i have cleared your doubt.
Thanks & Regards
Ankita
Executive HR
SNGL
From India, Patna
Hi RAm Sir,
Thanks for your concern and updating my knowledge.
For 0 — 2 months delay - @ 5 % p.a.
For 2 — 4 months delay - @10 % p.a.
For 4 — 6 months delay - @ 15 % p.a.
For delay above 6 months - @ 25 % p.a.
(subject to a maximum of 100%)
Please correct if i am wrong..........
Regards
Ankita
From India, Patna
Thanks for your concern and updating my knowledge.
For 0 — 2 months delay - @ 5 % p.a.
For 2 — 4 months delay - @10 % p.a.
For 4 — 6 months delay - @ 15 % p.a.
For delay above 6 months - @ 25 % p.a.
(subject to a maximum of 100%)
Please correct if i am wrong..........
Regards
Ankita
From India, Patna
Dear Loveneet
For 0 — 2 months delay - @ 5 % p.a.
For 2 — 4 months delay - @10 % p.a.
For 4 — 6 months delay - @ 15 % p.a.
For 6— 8 months delay - @ 20 % p.a.
For delay above 6 months - @ 25 % p.a.
Along with 12 % per anuunm intrest
and PF challan last date is 15 of every month and if it is not cleared till 15th of the same u will get 5 days grace period
if it cleared on 20 then nothing will be penality and intrest
if it clear on 21th of the same then 6 days penality and intrest will be charged at the time of inspection after inspection u will get a notice from PF Department for paying this amount
From India, Faridabad
For 0 — 2 months delay - @ 5 % p.a.
For 2 — 4 months delay - @10 % p.a.
For 4 — 6 months delay - @ 15 % p.a.
For 6— 8 months delay - @ 20 % p.a.
For delay above 6 months - @ 25 % p.a.
Along with 12 % per anuunm intrest
and PF challan last date is 15 of every month and if it is not cleared till 15th of the same u will get 5 days grace period
if it cleared on 20 then nothing will be penality and intrest
if it clear on 21th of the same then 6 days penality and intrest will be charged at the time of inspection after inspection u will get a notice from PF Department for paying this amount
From India, Faridabad
CBI trapped a EPF enforcement office on my complaint in 2012. In 2013 EPF squad inspeccted our school and revised our returns from 2004 and submitted dues to the tune of 6 lakhs. we paid the due amount. Now the damages and penalities about6.75 lakhs.
Maximum rate of damages caliculated at 49% for 6yrs and 37% for then 5 yrs.
In this case Can we get any revision in 7A order and revise the Damages amount.
From India, Jagtial
Maximum rate of damages caliculated at 49% for 6yrs and 37% for then 5 yrs.
In this case Can we get any revision in 7A order and revise the Damages amount.
From India, Jagtial
Dear friends,
Any one challenged the Damages u/s14 of EPF act ?
Are we payable the penalities and damages, if the amount is more than 150%?
Is there any limit to the total amount of Penalities and Damages? like 100%,200% so on.
From India, Jagtial
Any one challenged the Damages u/s14 of EPF act ?
Are we payable the penalities and damages, if the amount is more than 150%?
Is there any limit to the total amount of Penalities and Damages? like 100%,200% so on.
From India, Jagtial
Dear Sir, If we will submitted pf contribution more than 5 days upto 20th of month, how much penalty will be imposed by pf department. can u guide us regarding this issue ?
From India, Jalalpur
From India, Jalalpur
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