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ashoksaha
Dear Team H.R How many years or what is the time bound for which the 7A case can be continued.. and if it is more than 15 years 7A case is pending then what would be the conclusion?
From India, Ahmadabad
Madhu.T.K
4248

Why is it pending for 15 years? Is it that the employer not attending the enquiry? Or is it that the employer is not furnishing the records called for by the Asst PF Commissioner?

The EPF Act does not prescribe any period of limitation for initiation of enquiry under Section 7A or a period within which the 7A enquiry should be completed. Normally when a statute does not prescribe a period of limitation, what is expected from the authorities is that the matter is settled within a reasonable time. The EPFO also has issued clarification, vide its circular bearing Reference No. C-11/20/76/Misc./2020/CBE/TN/1027 dated 14-2-2020, that any initiation of proceedings for period beyond 5 years without evidence of such prolonged default would be legally untenable. Therefore, you can ask the Asst. PF Commissioner to settle the issue as soon as possible.

From India, Kannur
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