Hello Members,
Recently around 25th March 2013 I had filled PF Form 19 for withdrawing my PF with my last company, but I couldn't get the form signed by the Employer itself due to not so good relations with the firm so instead I went t a Bank manager and got it signed and stamped. But last week I got letter from the PF office and the form returned as rejected, reason mentioned, since the Estt. is still running, employer must sign the same.
Please anyone suggest is there any way out if I can withdraw my PF of around 5months with my last company, as mentioned above I can not go to the firm due to not so good relations with them. Is there a way out wherein if I contact the PF office directly and request them as such, or give an application or something like that?
Thanks!
From India, Delhi
Recently around 25th March 2013 I had filled PF Form 19 for withdrawing my PF with my last company, but I couldn't get the form signed by the Employer itself due to not so good relations with the firm so instead I went t a Bank manager and got it signed and stamped. But last week I got letter from the PF office and the form returned as rejected, reason mentioned, since the Estt. is still running, employer must sign the same.
Please anyone suggest is there any way out if I can withdraw my PF of around 5months with my last company, as mentioned above I can not go to the firm due to not so good relations with them. Is there a way out wherein if I contact the PF office directly and request them as such, or give an application or something like that?
Thanks!
From India, Delhi
46
OK
Nishant there are two ways:
1: Transfer your epf to the new establishment (vide form no. 13).
2: It is the hard way but EPF would be withdrawn. Send your form 19 (signed by the bank manager) along with the letter to the EPFO office where your EPF account is and copy of the letter to CPFC, New Delhi. In that letter give your reason why your employer is not signing your Form 19. If the problem still remain unsolved please do tell me. I would be happy to help.
Stay Cool,
Atom
From India, Phagwara
Nishant there are two ways:
1: Transfer your epf to the new establishment (vide form no. 13).
2: It is the hard way but EPF would be withdrawn. Send your form 19 (signed by the bank manager) along with the letter to the EPFO office where your EPF account is and copy of the letter to CPFC, New Delhi. In that letter give your reason why your employer is not signing your Form 19. If the problem still remain unsolved please do tell me. I would be happy to help.
Stay Cool,
Atom
From India, Phagwara
if you have been unemployeed for more than 2 months from the date of leaving the service of the previous employer then please see the second page of EPF Form 19 carefully where a note is given below Declaration of no-employment. Sign below the not and not on the one above the declaration which requires you previous employers signature and seal.
Also prepare a Non Employment certificate in the format given below separately and get the bank managers signature and submit the same with epf office with a covering letter clearly mentioning that the form is submitted under \"clauses of sub paragraph (i) and in clause (b) of sub paragraph 69 of EPF Scheme 1952
From
Your Name & Address
To
Whom So Ever It May Concern
Sub: Non-Employment Certificate From say 22.06.2012 to till Date for the purpose of withdrawal of EPF and other retirement benefits due from [your company name] - reg
Ref: Order reference if any relieving your from service of the company
1. I declare that I have
From India, Hyderabad
Also prepare a Non Employment certificate in the format given below separately and get the bank managers signature and submit the same with epf office with a covering letter clearly mentioning that the form is submitted under \"clauses of sub paragraph (i) and in clause (b) of sub paragraph 69 of EPF Scheme 1952
From
Your Name & Address
To
Whom So Ever It May Concern
Sub: Non-Employment Certificate From say 22.06.2012 to till Date for the purpose of withdrawal of EPF and other retirement benefits due from [your company name] - reg
Ref: Order reference if any relieving your from service of the company
1. I declare that I have
From India, Hyderabad
I would advise to-
Get the account transferred if working in the new estt. Having PF code number.,if not-
First meet the RPFC personally, explain the position, request for getting the form attested through his EO if still required .
In case of no solution, file complaint in the Distt. Consumer Forum.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
Get the account transferred if working in the new estt. Having PF code number.,if not-
First meet the RPFC personally, explain the position, request for getting the form attested through his EO if still required .
In case of no solution, file complaint in the Distt. Consumer Forum.
Chandok AK
RPFC (Retd.)
<link no longer exists - removed>
From India, Chandigarh
For your query earlier i am giving the extract of rules which you can apply and get the settlement without going to your Ex-Employer.
As per Sub Sec 2 of Sec 69 of EPf Act.
(2) In cases other than those specified in sub-paragraph (1), the Central Board, or where so authorised by the Central Board, the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal. The requirement of two months waiting period shall not, however, apply in cases of female members resigning from the services of the establishment for the purpose of getting married.
(5) Any member who with
From India, Hyderabad
As per Sub Sec 2 of Sec 69 of EPf Act.
(2) In cases other than those specified in sub-paragraph (1), the Central Board, or where so authorised by the Central Board, the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal. The requirement of two months waiting period shall not, however, apply in cases of female members resigning from the services of the establishment for the purpose of getting married.
(5) Any member who with
From India, Hyderabad
Dear Mr. Nishant & Mr.Sreeram,
For your queries above EPf Act itself provides the solution.
As per Sub Sec 2 of Sec 69 of EPf Act.
69. Circumstances in which accumulations in the Fund are payable to a member
(2) In cases other than those specified in sub-paragraph (1), the Central Board, or where so authorised by the Central Board, the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal. The requirement of two months waiting period shall not, however, apply in cases of female members resigning from the services of the establishment for the purpose of getting married.
(5) Any member who withdraws the amount due to him under sub-paragraph (2) shall, on obtaining re-employment in a [factory or other establishment] to which the Scheme applies, be required to qualify again for the membership of the Fund and on qualifying for membership shall be treated as a fresh member thereof.
Sub Sec 5 of Sec 72 of EPF Act
72. Payment of Provident Fund
(5)(a) Every employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clauses (a) to (dd) of sub-paragraph (1), of paragraph 69, duly filled in and attested, and to forward the said application [within five days of its receipt] to the Commissioner or any other officer authorised by him in this behalf.
(b) Every employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clause (e) of sub-paragraph (1), and in sub-paragraph (2) of paragraph 69, duly filled in and attested, and to give the said application to the member, for submission, on completion of the period specified in sub-paragraph (2) of paragraph 69, [provided the member continues to remain ] either through post or in person with proper identification, to the Commissioner or any other officer authorised by him in this behalf.
(c) Every employer shall, on the death of the member and on receipt of an application for receiving the amount standing to the credit of such member, forward forthwith [but not later than five days of its receipt] the said application to the Commissioner or any other officer authorised by him in this behalf.
(d) If the applicant is unable to send the claim application through the employer or duly attested by him, for any reason whatsoever, he may forward it to the Commissioner or any other officer authorised by him in this behalf, and wherever necessary, the Commissioner or any other officer authorised by him in this behalf may forward such application to the employer and the employer shall be required, to return it within five days of its receipt.
(e) The payment may be made, in the option of the person to whom payment is to be made, (i) by postal money order, or (ii) by deposit in the payee’s bank account in any Scheduled Bank or any Co-operative Bank (including the Urban Co-operative Banks) or any post office or (iii) by deposit in the payee’s name the whole or part of the amount in the form of annuity term deposits scheme in any Nationalised Bank, or (iv) through the employer.
Provided that the provident fund amount payable by postal money order shall be to the extent of maximum Rs.2000. Any payment of benefit above Rs.2000 under the scheme shall be remitted through cheque only. Where the amount payable by postal money order exceeds Rs.500 it shall be remitted at the cost of the payee.
Sub Sec 7 of Sec 72 of EPF Act
(7) The claims, complete in all respects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within 30 days from the date of its receipt by the Commissioner. If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within 30 days from the date of receipt of such application. In case the Commissioner fails without sufficient cause to settle a claim complete in all respects within 30 days, the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12% per annum may be charged on the benefit amount and the same may be deducted from the salary of the Commissioner.
I am also attaching the Copy of Non Employment Certificate you can use.
From India, Hyderabad
For your queries above EPf Act itself provides the solution.
As per Sub Sec 2 of Sec 69 of EPf Act.
69. Circumstances in which accumulations in the Fund are payable to a member
(2) In cases other than those specified in sub-paragraph (1), the Central Board, or where so authorised by the Central Board, the Commissioner, or where so authorised by the Commissioner, any officer subordinate to him, may permit a member to withdraw the full amount standing to his credit in the fund on ceasing to be an employee in any establishment to which the Act applies provided that he has not been employed in any factory or other establishment to which the Act applies for a continuous period of not less than two months immediately preceding the date on which he makes an application for withdrawal. The requirement of two months waiting period shall not, however, apply in cases of female members resigning from the services of the establishment for the purpose of getting married.
(5) Any member who withdraws the amount due to him under sub-paragraph (2) shall, on obtaining re-employment in a [factory or other establishment] to which the Scheme applies, be required to qualify again for the membership of the Fund and on qualifying for membership shall be treated as a fresh member thereof.
Sub Sec 5 of Sec 72 of EPF Act
72. Payment of Provident Fund
(5)(a) Every employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clauses (a) to (dd) of sub-paragraph (1), of paragraph 69, duly filled in and attested, and to forward the said application [within five days of its receipt] to the Commissioner or any other officer authorised by him in this behalf.
(b) Every employer shall, at the time when a member of the Fund leaves the service, be required to get the claim application, for payment of provident fund in cases specified in clause (e) of sub-paragraph (1), and in sub-paragraph (2) of paragraph 69, duly filled in and attested, and to give the said application to the member, for submission, on completion of the period specified in sub-paragraph (2) of paragraph 69, [provided the member continues to remain ] either through post or in person with proper identification, to the Commissioner or any other officer authorised by him in this behalf.
(c) Every employer shall, on the death of the member and on receipt of an application for receiving the amount standing to the credit of such member, forward forthwith [but not later than five days of its receipt] the said application to the Commissioner or any other officer authorised by him in this behalf.
(d) If the applicant is unable to send the claim application through the employer or duly attested by him, for any reason whatsoever, he may forward it to the Commissioner or any other officer authorised by him in this behalf, and wherever necessary, the Commissioner or any other officer authorised by him in this behalf may forward such application to the employer and the employer shall be required, to return it within five days of its receipt.
(e) The payment may be made, in the option of the person to whom payment is to be made, (i) by postal money order, or (ii) by deposit in the payee’s bank account in any Scheduled Bank or any Co-operative Bank (including the Urban Co-operative Banks) or any post office or (iii) by deposit in the payee’s name the whole or part of the amount in the form of annuity term deposits scheme in any Nationalised Bank, or (iv) through the employer.
Provided that the provident fund amount payable by postal money order shall be to the extent of maximum Rs.2000. Any payment of benefit above Rs.2000 under the scheme shall be remitted through cheque only. Where the amount payable by postal money order exceeds Rs.500 it shall be remitted at the cost of the payee.
Sub Sec 7 of Sec 72 of EPF Act
(7) The claims, complete in all respects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within 30 days from the date of its receipt by the Commissioner. If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within 30 days from the date of receipt of such application. In case the Commissioner fails without sufficient cause to settle a claim complete in all respects within 30 days, the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12% per annum may be charged on the benefit amount and the same may be deducted from the salary of the Commissioner.
I am also attaching the Copy of Non Employment Certificate you can use.
From India, Hyderabad
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