Recovery of moneys by employers and contractors is defined under section 8A of Employees Provident Funds Miscellaneous Provisions Act, 1952. Provisions under Section 8A of EPF Act 1952 are :
Section 8A of Employees Provident Funds Miscellaneous Provisions Act, 1952 "Recovery of moneys by employers and contractors"
(1) The amount of contribution that is to say, the employer"s contribution as well as the employee"s contribution in pursuance of any Scheme and the employer"s contribution in pursuance of the Insurance Scheme and any charges for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
(2) A contractor from whom the amounts mentioned in sub-section 1 may be recovered in respect of any employee employed by or through him, may recover from such employee the employee"s contribution under any Scheme by deduction from the basic wages, dearness allowance and retaining allowance if any payable to such employee.
(3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer"s contribution or the charges referred to in sub-section 1 from the basic wages, dearness allowance, and retaining allowance if any payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. Explanation. - In this section, the expressions "dearness allowance” and "retaining allowance” shall have the same meanings as in section 6.
Section 8 Mode of recovery of moneys due from employers
Section 8A Recovery of moneys by employers and contractors
Section 8B Issue of certificate to the Recovery Officer
Section 8C Recovery officer to whom certificate
Section 8D Validity of certificate, and amendment thereof
Section 8E Stay of proceedings under certificate and amendment or withdrawal thereof
Section 8F Other modes of recovery
Section 8G Application of certain provisions of Income-tax Act
Section 9 Fund to be recognised under Act 11 of 1922
Section 10 Protection against attachment
Section 12 Employer not to reduce wages, etc
Section 14A Offences by companies
Section 14B Power to recover damages
Section 14C Power of court to make orders
Section 15 Special provisions relating to existing provident funds
Section 16 Act not to apply to certain establishments
Section 18 Protection of Action taken in good faith
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
Schedule I Matters of Industry engaged in Manufacture
Schedule II matters for which provision may be made in a scheme
Schedule III matters for which provision may be made in the pension scheme
Schedule IV matters to be provided in the employees deposit linked insurance scheme
Employees Provident Fund Appellate Tribunal (Procedure) Rules 1997