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Noorahmed sanadi (Commercial Manager)     01 May 2013

Profident fund

I am working in a group of 4 companies  from 8 years, where there is no facility of PF & ESI.  Now one of the group of company going to apply PF & ESI rules and they are showing my name also with new date of joining.  I am little bit confuse whether it is useful for me to get PF facility as my present age is 51 years. can I get pension?  Can anybody help me in this matter.



Learning

 2 Replies

Kumar Doab (FIN)     01 May 2013

 

 

PF: The applicable act is: THE EMPLOYEES' PROVIDENT FUND AND MP ACT, 1952

The scheme is : THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952

 

Was the company (ies) where you were employed exempted under the Act Previously?

 

If the company was not exempted then has it been evading on PF and ESIC? If yes how can a company having 4 group companies remain un noticed all these years? It gives rise to suspicion of connivance.

Does your company have its employee’s union or affiliated to trade union/

 

Or the company was having its Private Provident Fund managed by its Trust?

 

 

Even then company must have asked you to submit membership Forms, nomination Form etc…

 

Has the company shown your wrong DOJ to evade its liability?

 

Now the question arises what exactly you want to pursue?  

 

If the company has evaded the payments on PF then you can lodge a complaint. The complaint can be even on phone. The PF authorities are under obligation to take suo mottu notice of such matters.

The contact details of RPFC, Addl. CPFC of the state, CPFC are available on website:

 

www.epfindia.gov.in

 

 

The following three kinds of benefits are provided under the scheme: (1) Withdrawal benefit, (2) Benefit of non-refundable advances, (3) Benefit of financing of Life Insurance Policies.

 

 

 

 

 

THE EMPLOYEES' PENSION SCHEME, 1995

 

To meet the expenses for administering the Scheme a fund called the Employees' Pension Fund will be set up and from and out of the contribution payable by the employer under section 6 of the Act a part of contribution representing 8.33 percent will be credited to the Fund. The Central Government will also contribute to the Fund at the rate of 1.16 percent of the pay of the members of the Scheme. It is to be noted that where the pay of the member exceeds Rs. 6500.00 per month, the contribution payable by the employer and the Central Government will be limited to the amount payable on his pay of Rs. 6500.00 only. {Section 6-A & Para 3}

 

It is also to be noted that if at the option of the employer and employee, contribution paid on salary exceeding Rs. 6500.00 per month from the date of commencement of this Scheme or from the date salary exceed 6500.00 whichever is later, and 8.33 percent share of the employers thereof is remitted into the Pension Fund, pensionable salary shall be based on such higher salary.

E.      A member who is above the age of 48 years but less than 53 years on  16-Nov-1995 will get the pension as determined in (c) above or Rs. 438.00 whichever is more +addition of pension @ Rs. 150.00 per month if he has 24 years of past service subject to the minimum of Rs. 600.00. However the pension will be further reduced if the eligible service is less than 24 years as explained in D above, i.e. subject Pension as per (c)  + Additional pension as per the period of past service multiplied by years of aggregate service/24 subject to the minimum of Rs. 325.00 p.m.

 

 

 

Before you finally decide on your options it shall be worthwhile to meet PRO/RPFC in local o/o PF commissioner.

 

Valuable advice of learned experts/members is sought.

1 Like

Sudhir Kumar, Advocate (Advocate)     02 May 2013

once coming in their domain POF deptt will take care of the entire evbasion they have committed.


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