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Pf withdrawal problem

Page no : 2

Sudhir Kumar, Advocate (Advocate)     15 June 2012

The reaction to the information provided.

1. The employer was an exempted establishment till 30.11.2010

2. I left the services w.e.f. 18.04.2004

3. Relaxation of exemption under para-79 has been cancelled w.e.f. 01-12-2010.

4. My PF claim pertains to exemption prior to cancellation of exemption.

 

Ans :  By Cancellatino ofexemption the EPFO has inherited the liability.  It is their headache to get the money from the company.  They have enormous powers and by abstaining to use them they are showing connivance..

5. Employers PF trust has confirmed that they have the said claim with them.

6. Establishment has failed to submit basic records and statutory documents alongwith past accumulation statement except form-9 till date

7. They have also written to the employers many reminders and also sent a notice to the employer on 2-3-2012 that if the employer fails to submit statutary records/ returns on or before 12-03-2012, the PF Commissioner shall be taking action under the provisions of law.

Ans It means they are simply issuing reminders and are not using coerocive powers.  In all propbality they may also not have deposited money in EPS (A/c-X) even prior to cancellation of exemption.

 

This gives rise to further curiousity that :-

 

When the default started in a/c-X.

whether any 7A proceedings initiated, if so when and what was the outcome.

whether any 7A proceedings initiated after cancellation of exemption

howmuch is the amount involved.

 

  

Kumar Doab (FIN)     15 June 2012

Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

As per EPF rules:

Transfer of Provident Fund account:
Transfer of Provident Fund account from one region to other, from Exempted Provident Fund Trust to Unexampled Fund in a region and vice-versa can be done as per Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund Office.

Did you ever submit to transfer the PF?

The Central Govt. and CPFC are assigned duties and powers to act. You may approach CPFC, RPFC with specific communications seeking specific replies. You may issue notice to CPFC and seek copy of action taken on record. Let them understand that they shall be pulled up if they don’t produce results.

https://www.epfindia.com/exemption_er.htm

 

TO BE OBSERVED BY THE ESTABLISHMENT GRANTED EXEMPTION UNDER SEC.17(1) (a) OF THE EMPLOYEES' PROVIDENT FUND & MISC. PROVISIONS ACT 1952  

1. The employer in relation to the said establishment shall provide for such facilitation for inspection and pay such inspection charges as the Central Govt. may from time to time direct under clause (a) of such section 17 of the said Act within 15 days from the close of every month.

7. The employer shall establish a Board of Trustees for the management of the Provident Fund according to such directions as may be given by the Central Provident Fund Commissioner or by the Central Government as the case may be from time to time.

9. The Board of Trustees shall meet at least once in every three months and shall function in accordance with the guidelines that may be issued from time to time by the Central Government / Central Provident Fund Commissioner or an officer authorised by him.

10. The accounts of the provident fund maintained by Board of Trustees shall be subject to audit by a qualified independent Chartered Accountant annually. Where considered necessary, the Central Provident Fund Commissioner shall have the right to have the accounts re-audited by any other qualified auditors and the expenses so incurred shall be borne by the employer.

11. A copy of the Audited annual provident fund accounts together with the audited balance sheet of the establishment for each accounting year shall be submitted to the Regional P.F Commissioner within six months after the close of the financial year. Financial year shall be from the 1st of April to the 31st of March.

12. The employer shall transfer to the Board of Trustees the contributions payable to the Provident Fund by himself and the employees by the 15th of each month following the month for which the contributions are payable . The employer shall be liable to pay damages to the Board of Trustees for any delay in payment of the contribution in the same manner as an un-exempted establishment is liable under similar circumstances.

14. Failure to make investments as per directions of the Government shall make the Board of Trustees severally and jointly liable to surcharge as may be imposed by the Central Provident Fund Commissioner or his representative.

16. The Board of Trustees shall maintain detailed accounts to show the contributions credited, withdrawal and interest in respect of each employee.

17. The Board shall issue an annual statement of accounts to every employee within six months of the close of financial year.

18. The Board may instead of the annual statement of accounts issue pass books to every employees. These pass books shall remain in the custody of the employees and will be brought up-to-date by the Board on presentation by the employees.

22. The employer as well as the Board of Trustees shall submit such returns to the Regional Provident Fund Commissioner as the Central Government / Central Provident Fund Commissioner may prescribe from time to time.

24. Notwithstanding anything contained in the Provident Fund Rules of the establishment, if on the cessation of any individual from the membership of the fund consequent on retiring from service or on taking up the employment in some other establishment , it is found that the rate of contribution , rate of forfeiture etc. under the P.F Rules of the establishment are less favourable as compared to these under the statutory scheme the difference shall be borne by the employer.

 

https://www.epfindia.com/ex_form1.htm

PARTICULARS FOR THE GRANT OF RELAXATION/EXEMPTION UNDER SECTION 17(1)(a)/PARA 27A/PARA 79

NAME AND ADDRESS OF THE ESTABLISHMENT:                                                                                   CODE NO.:

10. Whether consent of majority of employees for the exemption obtained

YES

NO

18. Whether audited balance sheet of the trust is submitted to Regional P. F. Commissioner (If yes, please specify the last financial year for which balance sheet submitted)

YES (please specify the last financial year for which balance sheet submitted)

NO

(if no, reasons for non submission to be furnished)

Details of supporting documents enclosed:

ii)                  Undertaking to abide by the revised conditions governing grant of exemption duly signed by the employer.

iii)                 Consent of majority of employees/or that of the representative union in favour of securing exemption.

iv)                Names and addresses of the members of the Board of Trustees.

-------------------------------------------------------------------------------------------------------------------------------

(FOR OFFICE USE ONLY)

The particulars mentioned above, have been verified and found correct. (In case there is any variation, the details may be furnished in a separate covering letter.)  The establishment may be Exempted under Section 17(1)(a)/Para 27A or relaxed under Para 79.

(Regional Provident Fund Commissioner)

Kumar Doab (FIN)     15 June 2012

Mr. Sudhir Kumar has suggested to find "whether A proceedings were initiated". Kindly follow it.

Mr. Sudhir Kumar has rich experience and shall be the ideal counsel for you.Mr. Sudhir Kumar's counsel shall help many of the fellow citizens too.Mr. Sudhir Kumar is requested to suggest the draft and process to proceed.

Before you proceed to submit representations it shall be appropriate to gather crucial facts. e.g.

Who were the trusties?

11. A copy of the Audited annual provident fund accounts together with the audited balance sheet of the establishment for each accounting year shall be submitted to the Regional P.F Commissioner within six months after the close of the financial year. Financial year shall be from the 1st of April to the 31st of March.

22. The employer as well as the Board of Trustees shall submit such returns to the Regional Provident Fund Commissioner as the Central Government / Central Provident Fund Commissioner may prescribe from time to time.

18. Whether audited balance sheet of the trust is submitted to Regional P. F. Commissioner

RPFC and CPFC are liable to furnish the information.

CVC has initiated a project "VIGEYE". The details can be seen at:

 

https://vigeye.com/

--PRESIDENT'S  SECRETARIAT  HELPLINE

https://helpline.rb.nic.in/

To lodge request/Grievance:

https://helpline.rb.nic.in/GrievanceNew.aspx

Ardent Ace (Nill)     30 July 2012

Dear Sir, I wish to place mt sincere thanks and gratitude towards the lawyersclubindia form, specially I wish to thanks Sh Sudhir Kumar & Kumar Doab for guiding me in getting my PF which was stuck in the company since past 8 years. I chose the path of suggested by Sh Sudhir Kumar and within 5 months my PF has been credited to my account on 27th July 2011. I am not quitting at this. The company and PF office has taken 8 years to release my PF and I wish to continue the fight by sueing the EPFO for deficiency in services under the Consumer Protection Act 1986. Supreme Court CA 411 of 1997 in the matter of RPFC vs Shiv Kumar Joshi. I request the learned members to place their guidance on the forum once again. I did all my correcpondance for the PF from the CITY Y. The EPFO is situated in CITY Z. Company is also in City Z. EPFO sent all its communication to me (City Y). Can I file a case of deficiency in services on EPFO from City Y. Kindly clarify. I can as the cause of action emanates from City Y, from I did the correspondance and noticed deficiency in services on EPFO. I did not get services in time despite sending reminders and complaints from City Y. Learned members please guide once again. I want to be very sure of this before I shoot an arrow. As I have full evidence of deficiency in services of EPFO. I want to place on record that RTIs have helped me a lot in getting my PF, as suggested by Sh Sudhir Kumar & Kumar doab. Once again I convey sincere thanks to them and the forum. Three Cheers to LCI.

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