I. CIRCULARS
CENTRAL
The Employees’ Provident Fund Organisation (“EPFO”) via circular dated 26 September 2022 has authorized Regional Provident Fund Commissioners (“RPFC”) to consider applications for withdrawal of prosecutions against employers for non-submission of KYC documents as per the following terms and conditions:
- Employer should request for withdrawal of prosecution by application before RPFC / Competent court;
- The application shall only be for withdrawal of prosecutions filed against employers for non-filing / non-submission of KYC document(s) of the member(s) under the EPF Scheme;
- Subsequent to filing of the said prosecution case, the employer must have made the necessary compliance for the concerned employees' required KYC document(s);
- The employer shall submit an undertaking to comply with the statutory provisions for filing/submission of KYC document(s) in the future.
This is a positive development for employers who previously struggled with technical issues, such as when employee’s failed to link their Universal Account Numbers (UAN) with KYC information like their PAN or Aadhaar numbers, which made it difficult for employers to deposit employees' provident fund contributions on time.
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