Section 68B(10) in The Employees' Provident Funds Scheme, 1952
(10)If the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him is satisfied that the [withdrawal] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).][granted under this paragraph has been utilised for a purpose other than that for which it was granted or that the member refused to accept an allotment or to acquire a dwelling site or that the conditions of [withdrawal] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).][have not been fulfilled or that there is reasonable apprehension that they will not be fulfilled wholly or partly; or that the excess amount will not be refunded in terms of clause (a) of sub-paragraph (9) or that the amount remitted back to the member by any agency referred to in clause (a) of sub-paragraph (1), will not be refunded in terms of clause (b) of sub-paragraph (9), the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, shall forthwith take steps to recover the amount due with penal interest thereon at the rate of two per cent per annum from the wages of the member in such number of instalments as the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may determine. For the purpose of such recovery the Commissioner or where so authorised by the Commissioner, any officer subordinate to him may direct the employer to deduct such instalment from the wages of the member and on receipt of such direction, the employer shall deduct accordingly. The amount so deducted, shall be remitted by the employer to the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him within such time and in such manner as may be specified in the direction. The amount so refunded, excluding the penal interest, shall be credited to the employer's share of contributions in the member's account in the Fund to the extent of [withdrawal] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).][granted out of the said share and the balance, if any, shall be credited to the member's own share of contributions in his account. The amount of penal interest shall, however, be credited to the [Interest Account] [Substituted by G.S.R. 549(E), dated 3.10.1981 (w.e.f. 3.10.1981).]:[Provided that the recovery of withdrawal under sub-paragraph (10) shall be restricted to cases where the recovery has been ordered by the sanctioning authority while the member is in service.] [Inserted by G.S.R. 832, dated 23.10.1987 (w.e.f. 7.11.1987).]
