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In case, where a dispute arises regarding applicability of the Act, the Central Provident Fund Commissioner or any other officer (to whom the powers of determination have been delegated), may decide the dispute and determine the amount due from an employer, under the Act or the schemes framed thereunder. Before making any order the officer shall conduct such inquiry as he may deem necessary and shall allow a reasonable opportunity to the employer for representing his case.
Further, where an officer has reason to believe that an amount due from the employer has escaped determination, he may re-open the case within five years and re-determine the amount due from the employer.
INTEREST
The employer shall be liable to pay simple interest @ 12% p.a. on any amount due from him under the Act, from the date on which it becomes due till the date of its actual payment.
MODES OF RECOVERY
Any amount of contribution, damages, accumulations required to be transferred, or administrative charges, due from an employer, may be recovered from him in any of the following modes-
- attachment and sale of the movable or immovable property of the establishment/employer;
- arrest of the employer and his detention in prison;
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appointing a receiver for the management of the movable or immovable properties of the establishment/employer.
The Recovery Officer pursuant to a recovery certificate issued by the authorised officer specifying shall make the recovery the amount of arrears.
STAY OF RECOVERY PROCEEDINGS
The authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted.
OTHER MODES OF RECOVERY
Besides, the modes aforesaid, the authorised officer may recover the amount by any of the following modes:
- Recovery from any person of amount due from him to employee who is in arrears.
- Application for release of money, to the Court in whose custody there is money belonging to the employer.
- Recovery by distraint and sale of movable property.
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