GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO: 3208
ANSWERED ON: 05.12.2016

RAJESHBHAI NARANBHAI CHUDASAMA
KIRIT SOMAIYA
Will the Minister of

LABOUR AND EMPLOYMENT be pleased to state:-

(a)whether the Government is aware that some establishments/companies have not submitted/deposited the funds collected by them towards employees contribution in the provident fund accounts, if so, the details thereof;

(b)whether the Government has received complaints from various quarters including people”s representatives in this regard;

(c)if so, the details thereof and the action taken by the Government against such PF defaulters during the last three years and the current year, State/UT-wise; and

(d)the corrective steps taken/being taken by the Government in this regard?

ANSWER

MINISTER OF STATE(IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) to (c): Complaints regarding employees’ contribution deducted but not deposited by establishments/companies are received in field offices of Employees’ Provident Fund Organization (EPFO) and some references are also received from people’s representatives. One recent reference has been received from Hon’ble Member of Parliament, Dr. Kirit Somaiya regarding Rotex Textiles, Thane. If the complaints are found to be true then action is taken against the establishment. First Information Report (FIR) under sections 406/409 of Indian Penal Code (IPC) for breach of trust is filed against such employers. The State-wise details for the last three years and the current year (upto October, 2016) of FIRs filed under section 406/409 of IPC against employers who had deducted but not deposited employees’ contribution is at Annex-I. UT-wise details are not maintained by EPFO.

(d): The following actions have been taken by EPFO against the defaulting establishments to protect the interest of workers covered under the Employees’ Provident Funds & Miscellaneous Provisions (EPF&MP) Act, 1952 :

(i) Action under section 7A of EPF & MP Act, 1952 against the defaulting establishments for assessment of dues.

(ii) Action under Section 14B of the Act for levying of damages for belated deposit of dues.

(iii) Action under Section 7Q of the Act for levy of interest for belated remittances.

(iv) Recovery actions as provided under Section 8B to 8G of the Act.

(v) Action under section 14 of the Act for filing prosecution against the defaulters before the competent court of law.

(vi) Action under section 406/409 of Indian Penal Code (IPC) against the employer for non-payment of employees’ share of contribution deducted from the wages/salary of the employees but not deposited in the Fund.

Annex-I

Annex referred to in reply to part (c) of Lok Sabha Unstarred Question No. 3208 by Shri Rajeshbhai Chudasama and Dr. Kirit Somaiya for 05.12.2016 regarding Non-Contribution to PF Accounts.

State-wise details of First Information Reports under section 406/409 of Indian Penal Code (IPC) filed during 2013-14 to 2016-17 (upto October, 2016) before Police Authorities.

State 2016-17        (Upto
October, 2016
2015-16 2014-15 2013-14
Andhra Pradesh 0 2 1 1
Bihar 0 0 0 0
Chhattisgarh 0 0 0 0
Delhi 6 26 10 4
Goa 1 0 0 0
Gujarat 12 3 1 3
Haryana 3 27 0 1
Himachal Pradesh 0 11 3 11
Jharkhand 0 0 0 0
Karnataka 2 22 38 67
Kerala 1 11 16 36
Madhya Pradesh 1 0 0 0
Maharashtra 19 9 11 8
North-East Region 0 2 2 0
Odisha 0 4 0 0
Punjab 5 3 4 0
Rajasthan 1 3 0 1
Tamil Nadu 23 61 71 208
Telangana 46 31 15 23
Uttar Pradesh 0 13 0 3
Uttarakhand 0 1 1 0
West Bengal 40 66 55 59
TOTAL 169 295 228 425

More Under Corporate Law

28 Comments

  1. Soundarya says:

    I have worked in Building control solutions India Pvt Ltd from 2017 to 2029, they have deducted PF amount from my salary, but amount not deposited in my PF account..

    I have registered EPFO grevience also…but no use…what is the next step pls suggest me

  2. Ram Sijor Navik says:

    I am working in Flyocrete Green Concrete LLP since July’2019 to till date. The company deducted PF every month but not deposited it from April’2020 to onwards. The member ID is KDNSK19775470000010019

  3. MUKESH TIWARI says:

    I AM WORKING AS RM WITH MIKLENS BIO PVT LTD, BANGLURU, COMPANY DEDUCTION PF EVERY MONTH FROM MY SALARY BUT NOT DEPOSITING IN MY PH ACCOUNT FROM LAST 8 MONTH
    PLEASE TAKE ACTION AGAINST MR.SANTOSH NAIR, MD.

  4. Krishnamurthy B says:

    My EPF Contribution from 01-08-2012 to 31-01-2014 not deposited to my epf a/c Kindly take necessary action Against Mr Shivanand Math, M/sM.M.Advantage, Bengaluru

    1. santhosh hr says:

      My employer countinuesly debit the pf from my salary
      from last 2019-21. but not deposit in my pf account … kindly suggest what action should be taken.

  5. Harvinder singh says:

    I was disssmised from in 1997 & reinstated by the hobble court in 2012 with all 50%salary but my employer has not deposited the provident fund plse help me in writing application EPFO office.
    Thanx

  6. Sanjeev says:

    My employer countinuesly debit the pf from my salary
    from last 2014 to 2018. but not deposit in my pf account … kindly suggest what action should be taken.

  7. Devashree patil says:

    How can I get to know my PF number when the Employer has not given the PF number. PF is been deducted from last 15 months from my salary.
    To whom should I address about this matter.

  8. subramanya.N says:

    sir,
    my company at Bangalore base and i m working at ********** Bangalore. i m working last 2 .5 yrs and my salary deducted from that date but it is not deposited so my question is where i lodge my complainant my age 59 years. government what action taken against company

    1. adv mohit sharma says:

      u can forward a notice thru a lawyer to pf commissioner to recover ur pf ammount from ur employer….. and also inform u by proceedings about recovery from ur employer.

      if pf department not doing start recovery proceedings then u can file a consumer case against pf also.

  9. Mohammad Islam says:

    sir,
    my company at Gurgaon base and i m working at kolkata. i m working last 2 yrs and my salary deducted from that date but it is deposit from this month.so my question is where i lodge my complain. government what action taken against company

  10. Uma Shankar says:

    Hello Sir ,

    I worked for a company for almost 2.5 years and they have deducted PF money from salary , have submitted 2-3 forms , have been following up the company still they have noot recd any update when ever i call the HR and she always Tmr will give an update

  11. Himanshu says:

    Sir my name is himanshu and I worked in a diagnostic centre in Dheradun since 2018.its a diagnostic chain run by Dr ******* this diagnostic chain opeeates from Lucknow utter Pradesh. My query is that my pf has not been deposited by the company due to some personal reason I required my pf money but I came to know that company has not deposited pf since 2018 when I asked this to my manager Mr GB Singh he made transferred to Varanasi.

    Please look into this matter as there are 1200 emoloyees

  12. Parvinder says:

    Dear Sir,
    We would like to inform you that M/s Kee ************* had deducted PF share of various labourers working with the company and not deposited with employee provident fund organisation, hard earned money of poor fellows.
    Now various worker want to withdraw their provident fund as they need badly at present as no work is going on and they need money to sustain. As company had not deposited the amount they are unable to get back the same.
    Sir, we request you to look into the matter and request to take appropriate action against accuse.
    Further we would like to inform you that the account of the said company with Oriental bank of commerce is NPA and now he had open a new account at Bahadurgarh, Haryana with The Jhajjar central Cooperative bank Ltd. . Now a days they are operating this account.
    Sir, we request you to look into the matter & do the needful.

  13. Naresh says:

    What action can be taken against the Employer if the PF contribution deducted is not paid to EPF Dept. Please confirm in this regard for further course of action.

  14. Gowtham says:

    Dear Sir/Madam,

    Recently i resign the job till date my company has not paid my PF for more than 2 Years they have deducted from my salary what kind of case can i put kindly give me a suggestion for this

  15. Vijay kumar says:

    We are working in Kim ********* ltd and his establishment no DLC*********** since oct 2012 as per my pf details company has not deposited my pf
    amount after march 2017 but pf amount was duducted
    from our salary upto oct 2018 as per our bank details
    copy of our pf details has been given to commissioner on 11/02/2019 but no action were taken till date at wazirpur office new delhi please note the management has closed all offices without any information Please look into the matter
    seriously no director is pick his phone
    please do the needful oblige.
    Vijay kumar PF no dl/cpm/0044529/000/31

  16. I was doing job last 35 years, then I leave the company July-2018, I want withdrawal the PF amount for some personal problems but the company not deposit PF last 2 year. Please do the needful.
    Our MD is 420 chor sir, All govt. dues are pending and All employess are in trouble. He is No.1 chor. All moneys are deposited out of country. Black money deposited his resident i.e. New Friends Colony,New Delhi and his factory Skytone **********,,Faridabad-121001. So many properties are his under. He is not coming to office and giving to our payment. Pls. immediate take action.

  17. SHYAM SUNDAR SINGH says:

    I was doing job last 5 year, then I leave the company Oct. 2016, I want withdrawal the PF amount for some personal problems but the company not deposit PF last 3 year. Please do the needful.

  18. Satyanarain Bhardwaj says:

    I have EPF Number and submitted my form 13 for EPF transfer. Employer had not given back and said record is not traceable .But it may be possible that he had not deposited.
    In second case, i have no EPF no.but have form 16 showing deduction of epf. The employer is not responding. Please suggest what to do in above both the cases.

  19. Varuna Acharya says:

    How can I get to know my PF number when the Employer has not given the PF number. PF is been deducted from last 10 months from my salary.
    To whom should I address about this matter.

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