R Roy (Engnr) 08 August 2013

Ncp days for pf transfer

I am trying to make a PF transfer, but RPFC is compalining about not getting NCP (Non-Contributory Period) days for my old PF account after I submitted Form 13 through my current employer, and hence RPFC is failing to do the transfer. On putting my grievance through their portal, they have mentioned that they have sent the rejected Form 13 to my previous employer.

On contacting my previous employer, they are saying that they have not received the rejection notice and they won't take any action until they receive the same. This seems to stay in a hanging situation for last 2 months. Can I initiate any legal action in this case, as I am unable to get hold of my money (with no fault on my part)?

Thanks in advance,

Roy.

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2 Replies

Sudhir Kumar, Advocate (Advocate) 08 August 2013

You can sek legalremedy but better collect full facts of the case.

seek following information under RTI from the RPFC quoting the said reply:-

Dy No and date of receipt of Form 13.
name of dy clerk
name of dealing clerk / SS/AO/APFC in accounts section
date on which rejected.
copy of letter with No and dt of rejection
name of despatch clerk.
extract of despatch register
RL no/speed post No
amount of postage paid
specific rule underwhich the form is sent to previous employer
specific rule under which the form is not sent to present employer

in case NCP days are due to non-remittance then also seek following information:-

total no of ncp days (with dates)
a copy of notice under section 7A sent to previous employer for NCP days.
copy of note sent by accounts section to compliance section regarding default of NCP days.

write again after getting these details.

1 Like

R Roy (Engineer) 19 December 2013

Dear Mr. Kumar,

Thanks for your guidance. I filed an RTI with the PF office Chennai and they have responded with the details. They specified that the rejection letter was sent to Cognizant Chennai on 20/06/2013. They have also provided a copy of the rejection letter saying the cause for rejection as -

OTHERS - NON CONTRIBUTORY PERIOD FROM THE DATE OF JOINING TO THE DATE OF LEAVING SERVICE TO FURNISH.

However, they didn't provide any details about the NCP days as detailed here -

Query: Total no of ncp days (with dates) -
Response: Not available

Query: A copy of notice under section 7A sent to previous employer for NCP days.
Response: No enquiry under section 7A of the Act can be initiated in respect of the establishment M/s. Cognizant Technology Solutions TN/MAS/31309 not furnishing the NCP days in claim Form 3A. However, the employer is eligible for prosecution if the information furnished in Form 3A or claim form is false.

Query: Copy of note sent by accounts section to compliance section regarding default of NCP days.
Response: Not applicable

Can you provide any guidance on what I should do at this stage?

Thanks & Regards,

Rahul Roy