P S Jaya sankar 20 November 2022

CPF Vs EPF

I am an regular employee of an autonomous body under Government of India.
my service rule has stipulation that employees of my organisation are eligible for contributary provident fund.(CPF), whereas the deductions made from my salary towards provident fund is being sent to EPFO.
My understanding is that CPF has no pension scheme but we get complete share on retirement.
whether my employer is correct in their action of implementing something which is not in the statutory rule and not implementing what is there in statutory rule. .Whether my objection to their action is legally correct. Please give legal opinion

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 20 November 2022

If you have any doubts, you can ask him directly which is not a mistake/wrong to clarify doubt or you can report it to the HR of the organization.

Dr J C Vashista (Advocate) 21 November 2022

National Pension Scheme 2004 may be referred which provide

A New Pension Scheme (Contribution based Pension Scheme) now called National Pension System (NPS), was introduced for Central Government employees vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003- ECB & PR dated 22nd December, 2003.

NPS was made mandatory for all new recruits to the Central Government service (except the armed forces) from 1st January, 2004. After the enactment of the PFRDA Act, 2013, as per Section 20 of the Act, the pension scheme notified on 22.12.2003 has become the National Pension System under the Act.

NPS is now regulated under PFRDA Act, 2013 and regulation framed thereunder by Department of Financial Services and PFRDA With the introduction of NPS w.e.f. 01.01.2004, amendments were made on 30.12.2003 to Central Civil Services (Pension) Rules, 1972, Central Civil Service (Commutation of Pension) Rules, Central Civil Services (Extraordinary Pension) Rules, General Provident Fund Rules and Contributory Provident Fund Rules to the effect that the benefits under these rules would not be applicable to the Government employees appointed on or after 1.1.2004 and covered by NPS.

It is advisable to consult a local prudent lawyer practicng service matters for proper analyses of facts and professional guidance / necessary proceedings

P S Jaya sankar 21 November 2022

Sir,

I made a verbal querry, written representation and RTI also. I am not getting any reply, they are just passing the buck. CAT is jurisdiction, but it take years and frustrates. Still sir, may I know whether their action is correct or not. Can I bind them for following CPF as per statutory rule, it is this I need your clarity sir.please