Dear Seniors,
I would like to know the procedure of 7A inquiry under PF Act. I have read the Act, but it is still not clear to me. Please help me understand this concept.
Regards, Vinayak
From India, Kolhapur
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53I would like to know the procedure of 7A inquiry under PF Act. I have read the Act, but it is still not clear to me. Please help me understand this concept.
Regards, Vinayak
From India, Kolhapur
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Dear Vinayak, Please elaborate the query to help you in quicker time....
From India, Pune
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From India, Pune
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Dear Vinayak,
As per my knowledge, under PF Section 7A, the determination of moneys due from employers is ordered by 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, impose damages or interest to be paid by the employer for not submitting returns or the payment of PF before the 15th of every month. No appeal by the employer shall be entertained by a Tribunal unless he has deposited a percentage of the amount due from him as determined by an officer referred to in Section 7A.
There are different percentages of interest charged from the employer based on the number of months' delay in the payment.
Regards,
B. Anand Kumar
From United Kingdom, London
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As per my knowledge, under PF Section 7A, the determination of moneys due from employers is ordered by 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, impose damages or interest to be paid by the employer for not submitting returns or the payment of PF before the 15th of every month. No appeal by the employer shall be entertained by a Tribunal unless he has deposited a percentage of the amount due from him as determined by an officer referred to in Section 7A.
There are different percentages of interest charged from the employer based on the number of months' delay in the payment.
Regards,
B. Anand Kumar
From United Kingdom, London
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Dear Vinayak ji,
You want to know procedure of 7A inquiry. To know the procedure, you should know what is 7A inquiry.
CPFC, ADCPFC, DYPFC, RPFC or APFC may order and may conduct such inquiry as he may deem necessary.
(a) in a case where a dispute arises regarding applicability of Act to an establishment, to decide such dispute; and
(b) determine the amount due from employer under any provision of Act&scheme, pension scheme and insurance scheme.
The officer conducting the inquiry has same power as are vested in a court under CPC 1908 for trying a suit in respect of following:
(a) enforcing 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 examination of witnesses.
Any such inquiry is deemed to be a judicial proceeding within the meaning of Section 193 & 228 and for the purpose of Section 196 of IPC.
It is a Quasi-judicial proceeding.
No order is given unless the employer concern is given a reasonable opportunity of representing the case.
If employer fails to attend the inquiry without assigning any valid reason or fails to produce any document or to file any report / return when called upon to do so, the officer conducting inquiry may decide the applicability of Act and determine the dues from employer on the basis of evidence adduced during the inquiry and other documents available on record.
Mumbai HC in Savitri Pal Vs. State of Mah. given procedural guidelines for Quasi-judicial Authority.
Also in Lokmanya Nagar Priyasharshini Vs. State of Mah. given some parameter.
If you wish to practice in such matters and become an experts then read all those.
The write up which I have given here is sufficient enough to you to understand 7A inquiry and its' procedure. I have not discussed on many things such as setting aside ex-parte order, appeal etc. It is a vast subject to study.
From India, Mumbai
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You want to know procedure of 7A inquiry. To know the procedure, you should know what is 7A inquiry.
CPFC, ADCPFC, DYPFC, RPFC or APFC may order and may conduct such inquiry as he may deem necessary.
(a) in a case where a dispute arises regarding applicability of Act to an establishment, to decide such dispute; and
(b) determine the amount due from employer under any provision of Act&scheme, pension scheme and insurance scheme.
The officer conducting the inquiry has same power as are vested in a court under CPC 1908 for trying a suit in respect of following:
(a) enforcing 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 examination of witnesses.
Any such inquiry is deemed to be a judicial proceeding within the meaning of Section 193 & 228 and for the purpose of Section 196 of IPC.
It is a Quasi-judicial proceeding.
No order is given unless the employer concern is given a reasonable opportunity of representing the case.
If employer fails to attend the inquiry without assigning any valid reason or fails to produce any document or to file any report / return when called upon to do so, the officer conducting inquiry may decide the applicability of Act and determine the dues from employer on the basis of evidence adduced during the inquiry and other documents available on record.
Mumbai HC in Savitri Pal Vs. State of Mah. given procedural guidelines for Quasi-judicial Authority.
Also in Lokmanya Nagar Priyasharshini Vs. State of Mah. given some parameter.
If you wish to practice in such matters and become an experts then read all those.
The write up which I have given here is sufficient enough to you to understand 7A inquiry and its' procedure. I have not discussed on many things such as setting aside ex-parte order, appeal etc. It is a vast subject to study.
From India, Mumbai
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