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Unit 11: Employees’ Provident Fund Act, 1952

Where an order under sub-section (1) is passed against an employer ex-parte, he may, within Notes
three months from the date of communication of such order, apply to the officer for setting aside
such order and if he satisfies the officer that the show cause notice was not duly served or that
he was prevented by any sufficient cause from appearing when the inquiry was held, the officer
shall make an order setting aside his earlier order and shall appoint a date for proceeding with
the inquiry:

Provided that no such order shall be set aside merely on the ground that there has been an
irregularity in the service of the show cause notice if the officer is satisfied that the employer had
notice of the date of hearing and had sufficient time to appear before the officer.

Notes Where an appeal has been preferred under this Act against an order passed
ex parte and such appeal has been disposed of otherwise than on the ground that the
appellant has withdrawn the appeal, no application shall lie under this sub-section for
setting aside the ex parte order.

No order passed under this section shall be set aside on any application under sub-section (4)
unless notice thereof has been served on the opposite party.

11.6.2 Recovery of Money due to Employer and Contractor

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.
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.
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.
Mode of Recovery of Money due from Employers: Any amount due -
(a) from the employer in relation to an establishment to which any Scheme or the Insurance
Scheme applies in respect of any contribution payable to the Fund or, as the case may be,
the Insurance Fund, damages recoverable under section 14B, accumulations required to be
transferred under sub-section (2) of section 15 or under sub-section (5) of section 17 or any
charges payable by him under any other provision of this Act or of any provision of the
Scheme or the Insurance Scheme; or
(b) from the employer in relation to an exempted establishment in respect of any damages
recoverable under section 14B or any charges payable by him the appropriate Government
under any provision of this Act or under any of the conditions specified under section 17 or
in respect of the contribution payable by him towards the Pension Scheme under the said
section 17, may, if the amount is in arrear, be recovered in the manner specified in sections
8B to 8G.

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