Whether prosecution launched under Provident Fund Act can be withdrawn

Though there is no specific provision under the Provident Fund Act in India for withdrawal of the prosecution initiated under the Act, the Provident Fund Department, on proper representation has considered withdrawal of prosecution. The criterion for withdrawal is adequate reasons for default in payment, total payment of arrears along with interest and damages and commitment to pay future contributions in time. The representation is made through Regional Provident Fund Office to either Central Provident Fund Commissioner or Central Board of Trustees. On recommendation of Regional Provident Fund Office and keeping the commitment of future payment in time and track record of the employer sometimes Provident Fund Department may consider withdrawal of prosecution. The withdrawal of prosecution is not as a matter of right. The withdrawal is also subject to approval of the Court.