Epf applicability
BRIGADIER RM SHARMA
(Querist) 23 February 2017
This query is : Resolved
Dear Sir,
We are an RWA of a plotted colony where maintenance services including security, water, roads, street lights, horticulture etc. are provided by the developer. We have only three employees viz. office assistant, mali & safaiman.
Recently one person from EPFO visited us & carried out inquiries regarding security guards employed by the developer. Later he has sent us a letter that "activities of our establishment are covered under class of establishments to which the Act applies as mentioned at Ser. No. 57 of the list, notified vide notification No. G.S.R.1294 dated 16th Nov 1974 which came into force w.e.f.30th Nov 1974."
I would request for advice whether it is applicable to us despite not having 20 employees & not carrying out any commercial activity for profit.
Regards
Brigadier RM Sharma
Kumar Doab
(Expert) 23 February 2017
You are in which state?
Does the agency that provides security guards have its own registered establishment and registered with EPFO and is assigned PF code?
Rajendra K Goyal
(Expert) 23 February 2017
Author need to provide the required information.
Adv. Yogen Kakade
(Expert) 24 February 2017
Answer the questions asked by the experts for additional information to provide you the answer.
BRIGADIER RM SHARMA
(Querist) 02 March 2017
Dear experts,
All these services like security, gardening, cleaning etc are provided by the agencies engaged by the developer. We presume that the developer while paying bills of the agencies must be checking and ensuring payment of EPF and ESI etc.
The residents are individually paying maintenance charges to the developer. We have no dealings withe these service provider agencies.
Regards
Brigadier RM Sharma
Sudhir Kumar, Advocate
(Expert) 03 March 2017
The question still stands. You are taking services of the guards through X
YZ Z and paying (though indrectly) it is your duty to know if their dues including pf is paid or not
