Spot memo
Rizwan Pathan
(Querist) 28 January 2014
This query is : Resolved
Dear Sir,
PF Enforcement officer had issued us spot memo and asked for all the records pertaining to PF from the date of set up of organization.
I have few questions in my mind.
1. What is penalty if we do not respond to " Spot Memo"
2. What charges Enforcement officer can put on us in case of not responding "SPOT MEMO"
3. Is there any time limit to respond this "SPOT MEMO"
Your expert views on above are highly appreciated.
Thanks & regards,
Rizwan Pathan
Isaac Gabriel
(Expert) 28 January 2014
Be it spot memo or conventionsl memo,the authority is empoered to seek information as he desires,and the employer is bound to comply.Rather penal provisions may be imposed as per rules.
Sudhir Kumar, Advocate
(Expert) 28 January 2014
EO even has the power of search and seizure.
Spot memo is no new thing for EO. You are not the first person whom he is dealing with.
Come with full facts of the case.
Advocate. Arunagiri
(Expert) 28 January 2014
If the PF officers asking you for records, you can give a reply, seeking time for production of records.
this is a normal procedure adopted by the PF authorities, nothing to worry.
Rajendra K Goyal
(Expert) 28 January 2014
Better respond to the spot memo, if the information is not available in the required time you may request for time mentioning acceptable reasons. Failing penal provisions may be imposed.
Rizwan Pathan
(Querist) 12 February 2014
Dear Experts,
Refer to above need one information, our head office is located at Bangalore and our plant is located in Baroda, Gujarat,our all PF activity like PF Code, challan, forms, returns belongs to banglore and submission of all returns has been made at banglore PF Office only,
Now in this regards could a PF Enforcement officer from Baroda PF office, do inspect us at our Baroda unit or only banglore PF authority has power to inspect.
Thanks & regards,
Rizwan Pathan
Advocate. Arunagiri
(Expert) 12 February 2014
Normally, the PF will be remited in the nearest PF office wherein the employees are working in the plant.
So, PF authority, where in you have the account, has power to inspect both the places.
Sudhir Kumar, Advocate
(Expert) 12 February 2014
when your establishment is having activity in Baroda then how do PF authorities of Baroda know that you are complying in Bangalore unless record in respect of the employees of Baroda are shown
Rizwan Pathan
(Querist) 14 February 2014
Dear Arunagiri Sir,
Have one confusion , could Baroda PF officer asked us for documentation without any intimation from Bangalore office, where all our documents prepared and submitted pertaining to PF.
Because i have contacted one of top legal consultant of Baroda and he responded that if our account is at Bangalore only Bangalore PF office can inspect us, in case he advised Baroda PF officer to do inspection then only PF Officers from Baroda can do inspection.Further before inspection he has to sent us letter through register AD, but in our case PF Officer has simply submitted us white paper and put his sign and stamp which seems unauthentic.
Please share your valuable experience and knowledge on this.
Thanks & regards,
Rizwan Pathan
Rizwan Pathan
(Querist) 14 February 2014
Dear Arunagiri Sir,
Have one confusion , could Baroda PF officer asked us for documentation without any intimation from Bangalore office, where all our documents prepared and submitted pertaining to PF.
Because i have contacted one of top legal consultant of Baroda and he responded that if our account is at Bangalore only Bangalore PF office can inspect us, in case he advised Baroda PF officer to do inspection then only PF Officers from Baroda can do inspection.Further before inspection he has to sent us letter through register AD, but in our case PF Officer has simply submitted us white paper and put his sign and stamp which seems unauthentic.
Please share your valuable experience and knowledge on this.
Thanks & regards,
Rizwan Pathan
Advocate. Arunagiri
(Expert) 14 February 2014
The PF officer has every right to inspect the company records without notice. But, if the records are not available they have to send notice, it can be handed over in person, during the personal inspection of the Inspector of PF.
In your case, you have not stated the complete facts.
The PF enforcement Officer will come to the office, only when there is a default by the company in remitting the PF amount, which was deducted from the employees.
In your case, you have to explain, the complete issues. Then only I can suggest you the final way out.
Rizwan Pathan
(Querist) 03 April 2014
Dear Sir,
No default made by us in case of remitting PF, but the purpose of his visit is just to gain some additional amount for him by inspecting us.
Now he is forcing us to availed code from Baroda PF office, but our banglore official are denying to avail separate create for Baroda. They are arguing that PF is centralized law and we can compliance it under one code through out India.
Request please guide what response we can give to PF Enforcement officer on this.
Thanks & regards,
Rizwan Pathan
Sudhir Kumar, Advocate
(Expert) 05 April 2014
without you showing any record to PF officers at Baroda, they cannot dream you having account at Bangalore (in respect of employees working at Baroda)
Once you show them that compliance is made at Bangalore they cannot ask you to comply in Baroda but unless you do so they have jurisdiction.
Sudhir Kumar, Advocate
(Expert) 05 April 2014
now regarding plain paper memo (which you say is stamped) it is valid and PF Inspectors had been using such memos since 1952
