PF deposit by contractors

 Dear Kenshuinji,

With reference to your situation / case, I just want to clarify the following things as mentioned,

1. Whether the employees of the contractor have been allotted with an PF A/c No. or Not?

2. If alloted then Monthly Contribution Cards (Form3A) of the employees have been filled or not, and the same had been deposited with the annual return (FORM 6A) for the past three year?

Please inform this status,

Regards,

Raj Narayan

Dear kenshuinji,

So far I have experienced that the contractor's are not paying the Full Amount of Contributions but to reduced ( Read as Lesser ) amount.

This is one of the reason that contractor is not willing to give you PF slips.

Wheather the contractor had or had not " Paid " the contribution you can find out by directly visiting PF Local Office Authorities.

Dear Sir,

Need not to worry, keep photocopy of 12a alongwith respective challan of each month and Form 3-a & 6a of respective member  for each year.  If you want to know more then file an RTI application of that Particular Code to know the deposit status of that Company.

With regards,

SHISH RAM UNIYAL

COMPLIANCE CONSULTANT

dear sir, thanx for the response. yes, the contract workers have been given an account number individually.  Copy of forms 3A, 6A and 12A are submitted by the contractor at the end of each year to us, along with the cover letter with acknowledgement of EPF office. But then, forms 3A,6A,12A etc. does not have any authentication from EPF office. contractor is preparing them, right? so, it is difficult to ascertain whether they have really filed these forms with EPF office.  The EPF office does not respond to our personal queries, saying, they will entertain queries only from the employer (contractor)

Dear Kenshuinji,

1. If the PF A/c No. is provided then the Employee of the Contractor to visit the Local Office with the PF a/c no. saying that they had not received their FORM 23(PF slip) and want their PF Account Balance. I am sure that PF Office will surely provide the data to the employee.

2. Now RPF has started receiving online grievance https://epfigms.gov.in/ on behalf of Employees / Employers, so register a grievance call online.

3. As you had mentioned that you had received acknowledgement copies authenticated by EPF office from contractor,

• In this regards just cross verify with the monthly challan & wage register whether he had remitted or not (Monthly Contributions).
• If you are enable to verify the challan due to the contractor serving in multiple locations for multiple clients then just verify the wages register & Form 3A of the individual Employee.
• if you find any discrepancies then ask the contractor to pay the contribution with damages and send the revised 3A & 6A to the PF Office.

Of all the three option I think option one is better for the verification,

Regards,

dear sir/ madam

I have proprietory firm and i am engaged in the contracting of govt. electrical works. i have a maintenance contract of street light for a municipal council. the municipal council deducted IT TDS of 10.3 % from Bill

The accountant gives the clarification that there is a rule to deduct IT TDS of 10.3 % on Technical services

please clarify the things

stop payment to contractor till he supply the slip and also you have every right to deduct /stop payment of the  amount of contributions from the amount to be  paid to the contractor. in case he has not deposited the same, it is responsibity of PE to deposit. otherwise he is liable for the action under the EPF Act. 

Dear Sir,

I have gone carefully through your problems.  Please adhere the following:-

1.  Verify the Form 3A, 6A and form 12 with the Names recorded in the  corresponding Payrolls, Wages Due to PF calculation and corresponding  recovery for that wages remitted to Government, PF, EPF.EPS Numbers, Remittance Chalan Details, counter check with the Bank Stamps, Date of Remittance juxtapose with the Statutory Date of Remittance.  ( If the Contractor failed to remit the dues within the Stipulated Date to the Government, the dues to Government has to be taken as an Income of the Contractor !)

2.  Once your verifications are over, inform the Enforcement Officer of the Provident Fund Organisation who has the jurisdiction of your establishment and get his involvement in this regard. Once his verification is over about the Remittance of Dues to the PF Department from the Concerned Employees/Employer/Adm.charges etc., and if  satisfied by that Officer, get his report in this regard. 

3.  If this exercises are over, you have to write to the Complaints Officer/Accounts Officer about the facts that the Annual Statement for the periods ........  has not yet been issued to the Contract Employer in respect of his employees who are working in your establishment. and request for an immediate action.

4.  Kindly note that the contractpr  employer is bound to furnish the so called details to you for your records which he did.  Issue of Annual Statement prepared and issued by the Provident fund Authorities are absolutely beyond his control and not coming under his purview.  As such if you have not any authority or right to hold the BG of the Contractor Employer,  you are responsibile for the demurrages or loss if any  claimed later  by the Contractor Employer.  Careful!

5.  You have a good machinary.  Get a Rs.10/- DD in the name of Information Officer, EPF under RTI 2005 and obtain the status of the Annual Statement from the EPF Office and also get an ultima from them that when they issue the said statements and why they withheld the Annual statements of the concerned employees of the Contractor Employer till now?  You will get a clean answer and you also will be safe in this regard ! 

Jagdish.K

+91 9947662384