The Employees Provident Fund Organisation has recently issued Guidelines for Initiation of Inquiries under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 [1]. Section 7A is the provision under which PF commissioners (who are vested with the powers of a civil court), can initiate an inquiry, by order, to determine (i) the applicability of the EPF Act to an establishment in case of a dispute; and (ii) to determine amounts due from any employer under the EPF Act and its schemes.
[1] No C-11/20/76/Misc./2020/CBE/TN/1027 dated February 14, 2020
[2] Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Vidyamandir and Others 2019 LLR 339 [Civil Appeal no. 6221 of 2011]
[3] No.C-I/1(33)2019/ Vivekanand Vidyamandir/717 dated August 28, 2019
This article was authored by Richa Mohanty Rao - Partner in the General Corporate Practice at the Delhi Office, and Abe Abraham - Partner Designate in the Employment Practice at the Bangalore office, of Cyril Amarchand Mangaldas, and was originally published on the Cyril Amarchand Mangaldas blog.
The views expressed here are those of the authors, and do not necessarily represent the views of BloombergQuint or its editorial team.
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