Dear Anan999,
Let's just clear some perspectives on PF.
The Employees' Provident Fund and Miscellaneous Provisions Act 1952 applies to the whole India except Jammu & Kashmir.
For establishments, Employees' Provident Fund and Miscellaneous Provisions Act 1952 applies to:
Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments provided therein)
Employing 20 or more persons.
Cinema Theatres employing 5 or more persons.
The Act does not apply to:
The co-operative societies employing less than 50 persons and working without the aid of power. 16(1)(a)
16(1)(b) Establishments under the control of state/central Govt.& employees who are getting benefits in the nature of 16(1) (b) contributory P.F. or old age pension as per rules framed by the Govt.
16(1)(c) Establishment set up under any central, provincial or state act and the employees who are getting benefits in the nature of contributory P.F. or old age pension as per rules.
Voluntary Coverage:
If any of the establishment is not satisfying the above two conditions for coverage and if the employer and majority of the employees are willing , the Act may be applicable to such establishment ( voluntary coverage under section 1(4) )
Your post does not clarify what type of organization do you work for. However, it seems that some day, your organization had 20 or more employees and therefore, was covered under PF. Thereafter, I presume, the headcount fell off. However, please note that the establishment to which this Act applies shall continue to be governed by this Act , even if the number of employees falls below 20 at a later date. [ as per 1(5) of the EMPLOYEES' PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT '1952].
If your Company is covered under PF statutorily, de-registration is not permissible under normal circumstances. However, there has to be genuine and adequate reasons for such request for de-registration such as likely closure, conditions of force majeure, liquidation, etc. Any other reasons put forth to the PF Commissioner and IT Commissioner have to be extremely convincing.
I suggest, there's no harm that you still visit your RPFC and find out. They will let you know of the possibilities and documentation to proceed, if they consider that you can adequately showcase reasons for cancellation of registration.
Hope this clarifies your query.
Rahul
+91 9968270580