Section 9A in The Jammu and Kashmir Employees Provident Funds and Miscellaneous Provisions Act, 1961
9A. [ Recovery of moneys by employers and contractors. [Section 9-A inserted by Act XV of 1966.]
(1)The amount of contribution (that is to say the employer's contribution) as well as the employee's contribution and any charges on the basis of such contribution for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount pay able to the contractor, under any contract or as debt payable by the contractor.(2)A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him, may recover from such employee the employee's contribution by deduction from the basic wages, dearness allowance and retaining allowance (if any) payable to such employee.(3)Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges referred to in sub-section (1) from the basic wages, dearness allowance and retaining allowance (if any) payable to an employee employed by or through him or otherwise to recover such contribution of charges from such employee.Explanation. - In this section the expressions, "dearness allowance" and "retaining allowance" shall have the same meanings as in section 7.]
