Now, in answer to your questions regarding withdrawal of EP Fund with their Bank Accounts in Nepal, No, it is not possible because every employee in India must have domestic bank account for this purpose and Banks accounts in their own country (Nepal) are to be treated International Bank Accounts, which cannot be use for domestic transaction.
For your information, for every single International Money Transaction in India, we have to RUN according to the procedure & guideline by Indian Govt under “Foreign Exchange Management Act (FEMA)”
Well you can help your employee, by opening an employee bank (corporate) account. Being an Employer can provide this facility to your all employees and for this; you just need to speak with any Bank in India and can avail this facility for them with 0 Balance Savings Accounts.
Hope you have all required personal (Communication & Postal Address, Id Proof and other) and professional details in your required, which will help you in this work
With very high due respect to you Adorable Sir, I wish to mention here that Nepali is not a bad word or un-ethical word. This word is not based on cast, creed and religion. It is based on region. Nepali means people from Nepal country / region. Just like we are from India and therefore we are called as Indians.
This is my view, Sir.
The question came to my mind on reading this thread that, whether the provisions of International Workers under EPF & MP Act 1952 are applicable to Nepalis or not?
This question was came to my mind earlier also and that time I asked this question to one of the Senior EPFO officers at HQ, New Delhi. There is an ambiguity, this was the reply to my question.
Can we discuss in this forum on this subject? Can any body tell this forum whether Nepalis are treated as IWs by them?
International Worker (IW) is defined as under:
IW may be an Indian worker or a foreign national.
IW means: -
- Any Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;
- An employee other than an Indian employee, holding other than an Indian Passport, working for an establishment in India to which the EPF & MP Act, 1952 applies.
To my knowledge, Nepalis in India do not hold Passport from Nepal. Even they do not hold visa. Under those circumstances, can we treat them IW?
Ask them to open an Indian bank account and same could be used for withdrawal of EPF amount while leaving India.
EPFO have issued a circular in 2011 for IW, you may check that for more detail and consult to your nearest EPFO.
Is Tibetan refugee in India an International worker from PF point of view. The employee has an identity certificate in place of passport which says at Tibetan birth at the place of nationality.
In the passport of Indian and other country nationals, nationality ( Indian/ British etc) are very clearly mentioned.
PF act is silent on this ?
The EPFO has now exempted Nepalese and Bhutanese from IW status. They will be treated Indian.
if the employer has concealed the fact and declared them as indian origin, than it would be up to employer, to rectify their errors.