Provident fund - how has the epf office reached a figure ?

You may request your company to supply you the PF accumulation reports/account slips for all years.These shall provide ROI applied each year.

Other option is to follow RTI route.

If the employer has been filing electronic challan you may be able to view the balance at www.epfindia.com

Please tell is it mandatory under law for the employer to provide annual account slips to employees. Under which act/law ? And if I have to take RTI route, to whom I should write and what I should ask for .

Employer doe snot prepare accoutns slips.  It is EPFO which prepares.

 

You may seek Form 3A(month-wise deposite report of each member submitted by company), Form 6A (employee wise annual deposit report of the company), Form 23 (annual statement of accounts of each memebr issued by EPFO), extract of Form 24  (emplopyee balance maintained by EPFO) under RTI fromPF Office.

 

RTI is not binding on cimpany being non=govtbody.  It is binding on EPFO.

Dear Mr Kumar ,

I understood what you said, I had actually spoken to the PF officer dealing with my employer. He has told me that since my employer was an exempted one till 2010 and my case being of 2004, it the employers PF trust that is binding undere law to give annual account slips to all employees. 

Question 1 : For 2001 - 2010 - Exemption period - Who is liable for Annual Account Slips ?

(i) Employer PF Trust or (ii) EPFO Office ? (under what act /law /section/subsection)  

Question 2 : For 2010 2012 - Exemption finished (but pf trust continues) -  Who is liable for Annaul account slips ?

(i) Employer PF Trust or (ii) EPFO Office ? (under what act/law/section/subsection) ?  

It appears that both of them - EPFO and Employer are trying to shirk their responsibility of providing the Annual Accounts Statement. I will take the RTI route, but before that I need to be clear about the answers of the above two questions. 

Many Thanks 

Karmbir Singh 

The EPFO has adopted the accounts of trust and now EPFO is accountable. EPFO can conveniently provide you the ROI, rate of contribution and, TDS, forfeiture, if any.

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.

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.

 

You may go thru another thread which has some similarity to your query.
 

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Discussion > Labour & Service Law > PF & ESI > Pf withdrawal problem

 

Link:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=52907&offset=2#.UBoupiIWrts

 

The trusts may have cited IT liability in its rules.

Bank Of Baorda:

45. The provisions of the Indian Income-tax Act (orany modification thereof)

applicable to Provident Funds and the rules thereunder for the time being, in force

shall apply to Provident Fund and these Regulationsin respect of any matter not

herein specifically provided.

In nutshell, Mr Kumar you are telling me that the EPFO is responsible for providing me all account statements wrt my PF acount from 2001 to 2012, notwithstanding the cancellation of exemption in 2010. 

Is that it ? Yes ? 

The rules are copied and pasted from EPFO website. Link is given for your reference in the previous post and below:

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

As per these rules EPFO should not pose as blank. They should be in a position to refer to the record and provide you the details sought by you.

Or they should give you an alternative.

All said and done in such a case it is the member which has to wrestle with them.

Many PF members might be facing similar situation. 

Valuable advice of learned experts/member is sought on how to resolve.

Mr Sudhir Kumar has provided resolution to many PF members. His advice is sought.

It is only now you have informed tha Estt was examepted so the position will be :-

 

(i) It is the trust which has to issue accouts slips in respect of A/c.II (PF deposit)

(ii) If the trust does provide the account slip then they are vilating the exemption conditions that the terms offered by them shall ot be inferior than thos e offerred by EPFO.

IF THEY ARE NOT ISSUING SLIPS THEN THERE MAY BE SOME OTHER VIOLATIONS ALSO.

now coming to your pension fund.

(iii) The company is bound to deposit A/c.X money (Pension) Fund with EPFO

(iv) There is not provision of EPFO accounting procedre [you may try under RTI] which differentiates between exempted and non-exampted etsblishment as far as issue of accounts slip is concenred for the amutn deposited in A/c.X.

 

(v) You can move to consumer court if they are not giving you accounts slip fro a/c.X