The EPFO has decided to keep the circular No. HO No. 7(1)2012/RCs Review Meeting/345 dated 30/11/2012 on Guidelines for Quasi-judicial proceedings under Section 7A of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 in abeyance with immediate effect and till further orders.
The guideline, among other matters, had stated that basic wage should encompass all payments except the specified exclusions. The guidelines also provided clarifications on audit proceedings under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (‘Act’). The guideline had put a seven-year limitation period on investigations into PF defaults, and had also introduced guidelines for lump sum assessments of establishments that hire migratory workers on short term basis.
The EPFO circular on the guidelines on what would constitute basic wages for PF contributions had caused a lot of uncertainty in the industry. The decision to keep it in abeyance would be a relief for the employers and employees.
Full Text of the Circular No. No. 7(1)2012/RCs Review Meeting/21224 , Dated: 18th December, 2012 vide which the above is kept in abeyance is as follows :-
Employees’ Provident Fund Organisation
(Ministry of Labour, Govt. Of India)
Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi – 110066
No. 7(1)2012/RCs Review Meeting/21224 Date: 18th December, 2012
Subject : Circular No. 7(1)2012/RCs Review Meeting/345 dated 30th November, 2012 on Guidelines for Quasi-judicial proceedings under Section 7A of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952.
Please refer to the above mentioned circular on the captioned subject posted in the official website of EPFO at SI. No. 455. It has been decided to keep the said circular in abeyance with immediate effect and till further orders.
Central PF Commissioner
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