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Section 8B, EPF & MP Act 1952: Issue of certificate to Recovery Officer

Section 8B (Issue of certificate to the Recovery Officer) of the Employees’ Provident Funds and Miscellaneous Provisions Act 1952

❝(1) Where any amount is in arrear under section section 8, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below:—
 (a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer;
 (b) arrest of the employer and his detention in prison;
 (c) appointing a receiver for the management of the movable or immovable properties of the establishment or, as the case may be, the employer:

 Provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears.

(2) The authorised officer may issue a certificate under sub-section (1), notwithstanding that proceedings for recovery of the arrears by any other mode have been taken.❞




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Notes:

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 has been amended several times since its enactment.
The last two amendments were by the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1998 (Act No. 10 of 1998) and the Finance Act, 2017 (Act No. 7 of 2017).

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