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Request for advice on filing RTI application with EPFO


kaivalyatech

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kaivalyatech

Dear Forum members,

 

We are a small manufacturing unit (Private Limited co.) currently employing around 20 people. Prior to June 2007, our staff strength had been around a maximum of 16. In May 2007 and June 2007, our strength rose to 18 and then 21 and consequently we applied for coverage under the EPF act from the said month (done voluntarily).

 

However, to our surprise, we received a coverage letter from the EPFO stating that we are liable to pay contributions from May 2006. No explanations were given, nor any information in addition to what was provided by us in our application sought from us prior to this.

 

Now obviously, the liability being imposed on us is beyond our capacity and furthermore seems to be without any basis.

 

Can I, either as an individual or as the Managing Director of the Company, file a request under the RTI Act requesting for information regarding the basis for coverage from May 2006 rather than June 2007 as requested by us?

 

Can anybody help me draft a query?

 

Thanks and regards,

 

Deepak

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kaivalyatech,

 

You can definitely ask for the basis under section 4(1)(d) of the RTI Act:

4.(1)

d.provide reasons for its administrative or quasi-judicial decisions to affected persons.

 

1. First, file the application as a "individual" and sign it as a individual (no designation)

It can be on your company letter head (if you wish) and if querried you can say

that the letter head is used only to provide a address for communication.

Alternatively, use you normal residential address.

 

2. Refer to the letter of the EPF and ask for

- On what basis have they asked for coverage since Nov 2006

- Certfied copies of relevant rules and regulations, Acts that they have used to

come to this conclusion

- Inspection of all files, documents and records related to the above letter to you

including file notes, etc.

 

(just refine the above and add whatever other questions you feel are necessary)

 

The application has to be submitted to the PIO fo the EPF office of your area.

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