CS Professional · Labour Laws and Practice · Social Security Legislations
A Social Security Organisation managing a Provident Fund finds that certain contribution and damages dues from a defunct establishment are irrecoverable. It proposes to write off the amount. Under the Code on Social Security, 2020, how must the write-off be dealt with?
The organisation may write off irrecoverable contribution, cess, interest and damages subject to conditions prescribed by the appropriate Government, and for a Provident Fund, Pension Fund or Insurance Fund the write-off must be specified in the relevant scheme. It cannot act unilaterally without such conditions.
- AConditions prescribed by the appropriate Government apply, and for a Provident Fund the write-off must be specified in the Provident Fund SchemeCorrect
- BIt is governed only by a resolution of the establishment's employees
- CIt needs no conditions since the organisation owns the fund
- DIt is permitted only for cess and never for contribution, interest or damages
Explanation
Section 121 permits writing off irrecoverable contribution, cess, interest and damages subject to conditions prescribed by the appropriate Government. The proviso says that for a Provident Fund, Pension Fund or Insurance Fund, the write-off must be specified in the respective Scheme. Option D wrongly narrows the amounts covered.
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