Need Help with Consent Letter Format for PF Contribution Over Rs. 15,000 – Any Guidance?

Can someone share the format of a Consent Letter to be filled/signed by employees drawing a basic salary of more than Rs. 15,000/- who wish to apply for PF contribution? As per discussions with PF Enforcement officials, this consent must be obtained from both the employer and the employees to avoid future legal hurdles. However, PF officials were unable to provide a specific format; they only mentioned using the format stated in Section 26 of the Employee Provident Funds & Miscellaneous Provisions Act, 1952. Assistance on this matter would be greatly appreciated.

Please provide me your email ID, and I will forward it.

APPLICATION UNDER PARA 26 (6) OF EPF & MP ACT 1952

To,
The Regional PF Commissioner,
Bandra, Mumbai.

Subject: PARA 26(6) of EPF & MP ACT, 1952 PERMISSION UNDER.

I, …………………………….. S/O …………………………….. Account No …………………………….., employee of M/s …………………………….., and drawing more than Rs. 6,500/- (BP+DA) w.e.f. …………………………….., therefore request your good office that I may be permitted to contribute to the fund on my wages exceeding Rs. 6,500/- w.e.f. ……………………………..

Signature of the applicant

UNDERTAKING ON BEHALF OF THE EMPLOYER

I, …………………………….., as authorized signatory of M/s …………………………….., undertake that in the event of allowing the aforesaid applicant to contribute more than Rs. 6,500/- (BP+DA), I will contribute to his account a matching contribution and also for the EPF, Admin, and Inspection charges and comply with all statutory provisions of the said Act and the scheme thereunder.

Signature with official seal

FOR USE IN COMMISSIONER OFFICE

MH/BAN/46391-…………………………… Dated ……………………………..

………………………….. Regional/Assistant Provident Fund Commissioner, Bandra, in exercise of powers conferred in para 26(6) of the EPF and MP Act, 1952, hereby permit the above member to contribute to the fund on wages exceeding Rs. 6,500/- w.e.f. ……………………………..

REGIONAL PROVIDENT FUND COMMISSIONER

To,
M/s ……………………………..
Copy to:
1. Sh. ……………………………..
2. Account Section, RO, Bandra.
3. …………………………….., EO, Bandra.

Regards,
Dolly Batavia

Clarification on PF Exemption and Opting Out

There seems to be some confusion. The law very clearly states that every person is covered under PF. There is a set of "exempt" employees who can, if they so desire, opt out of PF. So, there is no need for an approval or a letter for anyone who is exempt but does not want to exercise that option. The employer also has no option but to pay their share. So again, no consent is required.

On the other hand, if someone wants to opt out of PF, they need to fill Form 11 and submit the same to the employer. Please check the concept of exempt. A person will be exempt only if they join your organization at a basic salary of more than ₹15,000 and do not have any existing PF account, or if they are above 58 at the time of joining and have already withdrawn their PF balance. Other than this, everyone is compulsorily covered.