8F. Other modes of recovery
(1) Notwithstanding the issue of a certificate to the Recovery Officer under section 8B
the Central Provident Fund Commissioner or any other officer authorised by the Central
Board may recover the amount by any one or more of the mode provided in this
section.
(2) If any amount is due from any person to any employer who is in arrears the Central
Provident Fund Commissioner or any other officer authorised by the Central Board in this
behalf may require such person to deduct from the said amount the arrears due from such
employer under this Act and such person shall comply with any such requisition and shall
pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the
officer so authorised as the case may be :
Provided that nothing in this sub-section shall apply to any part of the amount exempt
from attachment in execution of a decree of civil court under section 60 of the Code of
Civil Procedure 1908.
(3)(i) The Central Provident Fund Commissioner or any other officer authorised by the
Central Board in this behalf may at any time or from time to time by notice in writing
require any person from whom money is due or may become due to the employer or as the case
may be the establishment or any person who holds or may subsequently hold money for or on
account of the employer or as the case may be the establishment to pay to the Central
Provident Fund Commissioner either forthwith upon the money becoming due or being held or
at or within the time specified in the notice (not being before the money becomes due or
is held) so much of the money as is sufficient to pay the amount due from the employer in
respect of arrears or the whole of the money when it is equal to or less than that amount.
(ii) A notice under this sub-section may be issued to any person who holds or may
subsequently hold any money for or on account of the employer jointly with any other
person and for the purposes of this sub-section the shares of the joint-holders in such
account shall be presumed until the contrary is proved to be equal.
(iii) A copy of the notice shall be forwarded to the employer at his last address known to
the Central Provident Fund Commissioner or as the case may be the officer so authorised
and in the case of a joint account to all the joint-holders at their last addresses known
to the Central Provident Fund Commissioner or the officer so authorised.
(iv) Save as otherwise provided in this sub-section every person to whom a notice is
issued under this sub-section shall be bound to comply with such notice and in particular
where any such notice is issued to a post office bank or an insurer it shall not be
necessary for any pass book deposit receipt policy or any other document to be produced
for the purposes of any entry endorsement or the like being made before payment is made
notwithstanding any rule practice or requirement to the contrary.
(v) Any claim respecting any property in relation to which a notice under this sub-section
has been issued arising after the date of the notice shall be void as against any demand
contained in the notice.
(vi) Where a person to whom a notice under this sub-section is sent objects to it by a
statement on oath that the sum demanded or any part thereof is not due to the employer or
that he does not hold any money for or on account of the employer then nothing contained
in this sub-section shall be deemed to require such person to pay any such sum or part
thereof as the case may be but if it is discovered that such statement was false in any
material particular such person shall be personally liable to the Central Provident Fund
Commissioner or the officer so authorised to the extent of his own liability to the
employer on the date of the notice or to the extent of the employer's liability for any
sum due under this Act whichever is less.
(vii) The Central Provident Fund Commissioner or the officer so authorised may at any time
or from time to time amend or revoke any notice issued under this sub-section or extend
the time for making any payment in pursuance of such notice.
(viii) The Central Provident Fund Commissioner or the officer so authorised shall grant a
receipt for any amount paid in compliance with a notice issued under this sub-section and
the person so paying shall be fully discharged from his liability to the employer to the
extend of the amount so paid.
(ix) Any person discharging any liability to the employer after the receipt of a notice
under this sub-section shall be personally liable to the Central Provident Fund
Commissioner or the officer so authorised to the extent of his own liability to the
employer so discharged or to the extent of the employer's liability for any sum due under
this Act whichever is less.
(x) If the person to whom a notice under this sub-section is sent fails to make payment in
pursuance thereof to the Central Provident Fund Commissioner or the officer so authorised
he shall be deemed to be an employer in default in respect of the amount specified in the
notice and further proceedings may be taken against him for the realisation of the amount
as if it were an arrears due from him in the manner provided in sections 8B to 8E and the
notice shall have the same effects as an attachment of a debt by the Recovery Officer in
exercise of his powers under section 8B.
(4) The Central Provident Fund Commissioner or the officer authorised by the Central Board
in this behalf may apply to the court in whose custody there is money belonging to the
employer for payment to him of the entire amount of such money or if it is more than the
amount due an amount sufficient to discharge the amount due.
(5) The Central Provident Fund Commissioner or any officer not below the rank of Assistant
Provident Fund Commissioner may if so authorised by the Central Government by general or
special order recover any arrears of amount due from an employer or as the case may be
from the establishment by distraint and sale of his or its movable property in the manner
laid down in the Third Schedule to the Income Tax Act 1961 (43 of 1961).