Section 32 in The Employees' Provident Funds Scheme, 1952
32. Recovery of a member's share of contribution.
(1)The amount of a member's contribution paid by the employer [or a contractor] [Inserted by G.S.R. 1845, dated 28.11.1963 (w.e.f. 30.11.1963).] shall, notwithstanding the provisions in this Scheme or any law for the time being in force or any contract to the contrary, be recoverable by means of deduction from the wages of the member and not otherwise:Provided that no such deduction may be made from any wage other than that which is paid in respect of the period or part of the period in respect of which the contribution is payable:Provided further that the employer [or a contractor] [Inserted by G.S.R. 1845, dated 28.11.1963 (w.e.f. 30.11.1963).] shall be entitled to recover the employee's share from a wage other than that which is paid in respect of the period for which the contribution has been paid or is payable where the employee has in writing given a false declaration at the time of joining service with the said employer [or a contractor] [Inserted by G.S.R. 1845, dated 28.11.1963 (w.e.f. 30.11.1963).] that he was not already a member of the Fund:Provided further that where no such deduction has been made on account of an accidental mistake or a clerical error, such deduction may, with the consent in writing of the Inspector, be made from the [subsequent] [Substituted by S.R.O. 500, dated 2.3.1953.] wages.(2)Deduction made from the wages of a member paid on daily, weekly or fortnightly basis should be totalled up to indicate the monthly deductions.(3)Any sum deducted by an employer [or a contractor] [Inserted by G.S.R. 1845, dated 28.11.1963 (w.e.f. 30.11.1963).] from the wages of an employee under this Scheme shall be deemed to have been entrusted to him for the purpose of paying the contribution in respect of which it was deducted.
