Hello Members,
Recently, around the 25th of March 2013, I filled out PF Form 19 to withdraw my PF from my last company. However, I couldn't get the form signed by the employer itself due to strained relations with the firm. Instead, I approached a bank manager and had it signed and stamped. Unfortunately, last week, I received a letter from the PF office stating that the form was rejected. The reason provided was that since the establishment is still operational, the employer must sign the form.
Could anyone please suggest if there is a way for me to withdraw my PF accrued over the last 5 months with my previous company? As mentioned earlier, I am unable to approach the firm due to the strained relations. Is there a possibility that I can directly contact the PF office and request their assistance, or perhaps submit an application for consideration?
Thanks!
From India, Delhi
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Recently, around the 25th of March 2013, I filled out PF Form 19 to withdraw my PF from my last company. However, I couldn't get the form signed by the employer itself due to strained relations with the firm. Instead, I approached a bank manager and had it signed and stamped. Unfortunately, last week, I received a letter from the PF office stating that the form was rejected. The reason provided was that since the establishment is still operational, the employer must sign the form.
Could anyone please suggest if there is a way for me to withdraw my PF accrued over the last 5 months with my previous company? As mentioned earlier, I am unable to approach the firm due to the strained relations. Is there a possibility that I can directly contact the PF office and request their assistance, or perhaps submit an application for consideration?
Thanks!
From India, Delhi
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Dear Nishant You can directly approach the PF authorities , and draft a letter with whatever matter submitted along with the form 19
From India, Coimbatore
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46From India, Coimbatore
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Hi Nishant,
There are two ways to handle your EPF transfer to the new establishment:
1. Transfer your EPF to the new establishment by filling out Form No. 13.
2. Alternatively, you can choose to withdraw your EPF. To do so, send your signed Form 19 along with a letter from the bank manager to the EPFO office where your EPF account is held. Make sure to also send a copy of the letter to CPFC in New Delhi. In the letter, explain why your employer has not signed your Form 19. If the issue persists, please inform me, and I'll be happy to assist you.
Stay cool,
Atom
From India, Phagwara
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There are two ways to handle your EPF transfer to the new establishment:
1. Transfer your EPF to the new establishment by filling out Form No. 13.
2. Alternatively, you can choose to withdraw your EPF. To do so, send your signed Form 19 along with a letter from the bank manager to the EPFO office where your EPF account is held. Make sure to also send a copy of the letter to CPFC in New Delhi. In the letter, explain why your employer has not signed your Form 19. If the issue persists, please inform me, and I'll be happy to assist you.
Stay cool,
Atom
From India, Phagwara
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If you have been unemployed for more than 2 months from the date of leaving the service of the previous employer, please see the second page of EPF Form 19 carefully. A note is provided below the Declaration of no-employment. Sign below the note and not on the one above the declaration, which requires your previous employer's signature and seal.
Also, prepare a Non-Employment certificate in the format given below separately. Get the bank manager's signature and submit the same to the EPF office with a covering letter clearly mentioning that the form is being submitted under the clauses of subparagraph (i) and in clause (b) of subparagraph 69 of EPF Scheme 1952.
From Your Name & Address
To Whomsoever 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 you from service of the company
1. I declare that I have...
From India, Hyderabad
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Also, prepare a Non-Employment certificate in the format given below separately. Get the bank manager's signature and submit the same to the EPF office with a covering letter clearly mentioning that the form is being submitted under the clauses of subparagraph (i) and in clause (b) of subparagraph 69 of EPF Scheme 1952.
From Your Name & Address
To Whomsoever 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 you from service of the company
1. I declare that I have...
From India, Hyderabad
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Sir, i too have a similar problem may i have your contact ID so that i can post it on to you please
From India, Hyderabad
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From India, Hyderabad
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I would advise to get the account transferred if working in the new establishment and having a PF code number. If not, first meet the RPFC personally, explain the situation, and request to get the form attested through his EO if still required. In case of no solution, file a complaint in the District Consumer Forum.
Chandok AK
RPFC (Retd.)
From India, Chandigarh
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Chandok AK
RPFC (Retd.)
From India, Chandigarh
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Hi,
For your query earlier, I am providing the extract of rules that you can apply to get the settlement without approaching your ex-employer. As per Sub-Sec 2 of Sec 69 of the EPF Act:
"In cases other than those specified in sub-paragraph (1), the Central Board, or where authorized by the Central Board, the Commissioner, or where authorized by the Commissioner, any officer subordinate to him, may allow a member to withdraw the full amount standing to his credit in the fund upon ceasing to be an employee in any establishment to which the Act applies. This is provided that the member 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 applies for withdrawal. The two-month waiting period requirement does not apply in cases of female members resigning from the services of the establishment for the purpose of getting married."
Please let me know if you need any further assistance.
Thank you.
From India, Hyderabad
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For your query earlier, I am providing the extract of rules that you can apply to get the settlement without approaching your ex-employer. As per Sub-Sec 2 of Sec 69 of the EPF Act:
"In cases other than those specified in sub-paragraph (1), the Central Board, or where authorized by the Central Board, the Commissioner, or where authorized by the Commissioner, any officer subordinate to him, may allow a member to withdraw the full amount standing to his credit in the fund upon ceasing to be an employee in any establishment to which the Act applies. This is provided that the member 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 applies for withdrawal. The two-month waiting period requirement does not apply in cases of female members resigning from the services of the establishment for the purpose of getting married."
Please let me know if you need any further assistance.
Thank you.
From India, Hyderabad
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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
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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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PF Withdrawal New Rules.pdf
PF WITHDRAWAL RULES.zip