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Regarding filing RTI for PF transfers


Baagi

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Taurus, Can you help me advise in PF transfer case. I have applied for transfer of my previous companies PF A & B (both from Bangalore but different PF offices) with company C(Gurgaon) almost 1.6 year back. As I didnt get the update after long time, I have raised the grievance online- first with Target office C & they informed they have submitted the claim on 08.09.2012 & have not received the transferred amount till date. Then I lodged another two more grievances to the Source offices A & B.

A responded saying that Form5 & 10 are not submitted & asked to resubmit the claim again with these forms.(As per my knowledge, PF office would reach out to company A & they have to submit these forms. Iam not sure why they would ask me to provide these documents. Second, I had no clue on the this information till I raised a query).

B responded saying that no transfer claim was received for the PF account number furnished in the grievance.

Given the above scenario, I would want to know:

-if I can file the RTI for both of them as I am very upset with the way things went.

-To whom should I now file the RTI – source(Bangalore offices) or target PF office(Gurgaon office)

-Should I file 2 RTI\’s separately(with 2 IPO\’s) or can I ask for clarity in the same one application with just one IPO.

-What all information I can ask in each of these scenarios.

-Please add/suggest What else I can do here.

-Iam currently working for company D in Pune. Should I have to again go for transfer of PF of all 3 to D or wait till A & B gets transferred to C. And then apply for transfer of C to D.

-can I quote the current address when Iam filing the RTI.

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A Provident Fund member, on leaving an establishment and joining another establishment can seek transfer of his Provident Fund balances to his new Provident Fund account opened in the transferee establishment.

The application for this purpose is to be made in Form 13 (revised).

This application should be submitted through the present employer to the Regional Provident Fund Commissioner concerned ( i.e. who maintained the earlier EPF account) for effecting the transfer. The Regional Provident Fund Commissioner is required to effect the transfer within 30 days. A copy of the transfer certificate (Annexure K) will be sent to the member concerned. The member should also ensure that the amount transferred to his present account number is included in the Provident Fund Annual Statement of account of the year in which transfer was effected.

 

Any delay in transfer of Provident Fund accounts should be brought to the notice of the Regional Provident Fund Commissioner concerned.

 

The physical transfer of fund is allowed only in the case of Employees’ Provident Fund account. There is no physical transfer of funds in the case of the amount contributed towards the pension fund. The details of the membership under Pension Scheme are alone indicated in the Annexure K.

 

Hope you submitted your application for transfer from both the earlier establishments - A & B, in the prescribed Form 13 (Revised) to the employer C. I also hope that employer C forwarded the same to both RPFCs controlling establishments A and B separately. If that be so, you can now

  • file RTI application to RPFC under whom establishment A functions;
  • file RTI application to RPFC under whom establishment B functions;
  • you can separately write to whosoever asked you to submit Form 5 and Form 10 that it is not your responsibility to submit these forms and they should get these forms from whoever is responsible to submit the same; for this lapse, you should not be made to suffer, you may mention.
  • since you are now in establishment D, you have to wait till the process of transfer of accounts from A and B to C is completed and then apply for transferring that consolidated account to the account maintained at D.
  • you can quoted your current address - no issues on this.
  • in your RTI applications you can ask when your applications were received in the office of RPFC concerned and what action has been taken on that; what is the laid down time limit for effecting transfer; if there is delay beyond this time limit, who is responsible for the same and what action has been taken against him/her.

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Taurus, Thanks a bunch for the suggestions. In both transfers, I did submit the Form 13 & recieved acknowledgement as well. For B, I shall raise the RTI with EPFO B although they say they havent recieved any claim form, while EPFO C informed that they have submitted the claim.

For A- they said:"Your claim application has been rejected the reason is Form5/10 along with Date of Birth particulars to be submitted 'please resubmit the claim along with the required documents". Do you think raising RTI would help as they say claim is rejected? I got this information only now from them.

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As regards A, you can make a complaint to the RPFC concerned telling that your application has been wrongly rejected. Form 13 (revised) does not call for enclosing Form 5/10. You can see the specimen form here : http://epfguwahati.gov.in/forms/13revised.pdf. If form 5 and Form 10 are required these are to be obtained from the concerned establishment. If they are not providing them, action has to be taken against them as per law by the RPFC. You can mention all these points in your complaint and request him to transfer the amount at the earliest. If the earlier application Form 13 submitted by you has been returned to you, you may send it back to him along with the complaint. RTI can be filed one month later if no response comes from the RPFC.

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Taurus, I have raised the RTI with both A & B PF offices. PIO of "B" PF (Bangalore)office reverted saying that they have not recieved any claim form. I have then raised online grievance with GGN office asking for clarity & they said that they have submitted the claim form with concerned office. What should I do now? Can I file first appeal? if yes, then with whom? What actions can I take to get this resolved quickly & smoothly.

As of "A" PF RTI - I have yet recieved any response for the RTI which I raised on 13th Dec 2013. What can I do now? Can I file first appeal?

Is there any fee for first appeal?

What all information should be asked to get better response?

 

Iam getting worried with the whole delay. Can you pls guide me?

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Thanks Raveena for the response. Below are few questions in this regards:

While filing the first appeal:

- I guess I can make the First Appeal with Source(Bangalore) office PF who has responded to the RTI & not the Target (GGN) PF office. Please correct me if Iam wrong.

- What needs to be mentioned under brief facts, Any information sought, Prayer sought, Grounds for prayer sought, enclosures etc in order to make a good appeal.

- Should this First appeal be mentioned in the name of Thulasi which is quoted in last line of the letter? or Can I just say to: First Appellate Authority & not mention any name?

- Is there any fee thats needs to be paid.

- Right now, I have copy of Acknowledgement for Form3A submission which my GGN employer has provided. And responses of the online grievances which I recieved from GGN office. Apart from this, I do not have any other documents as listed in thread - "MISSING EPF DETAILS".

 

Can you please help me with this.

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