Are All Charitable Trust Hospitals in India Required to Offer EPF to Doctors Since 2015?

priyam-r-salvi
EPF Eligibility for Charitable Trust Hospitals

Does this mean all charitable trust hospitals must come under EPF, and the doctors working under them are also eligible for EPF from 2015 in all states in India?

Ministry and Right to Information Act

Also, I want to ask under which ministry charitable trust hospitals come under, and do they fall under the Right to Information Act?
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KK!HR
Coverage of Hospitals Under EPF Act 1952

Yes, this means that hospitals are covered under the EPF Act 1952, and eligible employees are to be members of the scheme from 01.04.2015.

Public Authorities and RTI Act 2005

All public authorities are covered under the RTI Act 2005. Whether a charitable hospital comes under the Act is a question of fact and law to be decided on a case-by-case basis. It needs to be ascertained whether the hospital concerned is in receipt of any government concession, by way of equity, land, taxes, etc. If so, there is ample chance for it to be accountable as per the RTI Act. The coverage will not be there in case it is purely and totally a private enterprise.
priyam-r-salvi
Thank you, sir, but if the hospital is covered under the EPF Act, can I use RTI to get information about whether this hospital is deducting EPF for the employees through the Income Tax Department?
KK!HR
EPF Compliance for Charitable Trust Hospitals

You can seek information on EPF compliance by the hospital in question from the local office of EPFO. Additionally, inquire about the reasons for non-compliance if applicable. The Income Tax department may not be able to readily confirm the status. It is advisable to check with any of their employees if PF deductions are being made and if they have a UAN.
priyam-r-salvi
EPFO and Charitable Trusts

The EPFO office states that charitable trusts do not fall under their jurisdiction. The hospital claims they do not deduct any PF for employees, and when questioned, they do not provide a proper response. They also do not provide UAN, and I cannot find the hospital on the EPF website. They are paying the employee doctor a basic salary of 30k per month but still do not respond regarding PF details in the documentation. Therefore, I am considering seeking help through RTI if possible. Thank you for your reply, sir.
KK!HR
In light of the notification from EPFO dated 7th September 2015, it is unclear how EPFO asserts that charitable hospitals are exempt. You may consider submitting an RTI application to the EPFO headquarters to request information on whether the exemption for charitable trusts has been reinstated and to obtain a copy of the decision not to apply the PF provisions to this specific trust. This action will likely prompt some response from them.
priyam-r-salvi
@glidor Sir, the hospital is a charitable trust and provides all types of medical treatments, including X-ray, surgery, and deliveries, all at a price lower than private hospital rates. They charge an admission rate for different types of rooms for stay. How can this type of hospital be exempt? The real problem is that they don't give any answers to questions related to their trust.
Glidor
Notional Fees and Legal Coverage

Notional fees are also charged by ISKON/Thirumala temple for using their facilities, so would they be covered under the laws?

Profit-Making vs. Non-Profit Trusts

The difference between profit-making trusts and non-profit draws a line. The reply would be with the trust managers only.

Employee Benefits and Eligibility Verification

However, if the employees feel that they are eligible to receive benefits, they can approach the Regional Commissioner, EPFO, who will request records of establishment and verify eligibility. Such queries are not made anonymous to departments, but the names and other details of employees would be available to the enforcement team for cross-examination of their grounds of complaint.
Emmanuel Parker
Eligibility of Doctors for EPF in Charitable Trust Hospitals

The eligibility of doctors working in charitable trust hospitals for the Employee Provident Fund (EPF) depends on various factors such as the size of the hospital, the number of employees, and the terms and conditions of employment. As per the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, any establishment with 20 or more employees is required to register for EPF, and the employees are eligible for EPF benefits. However, there may be certain exemptions for charitable trust hospitals based on their size and other factors.

Regulation and Oversight of Charitable Trust Hospitals

Charitable trust hospitals in India come under the purview of the Ministry of Health and Family Welfare. The ministry is responsible for formulating and implementing policies and programs related to healthcare in India, including the regulation of charitable trust hospitals.

Right to Information Act and Charitable Trust Hospitals

As per the Right to Information Act, 2005, all public authorities, including charitable trust hospitals that receive government funds, are required to provide information to citizens upon request. However, if a charitable trust hospital does not receive any government funding, it may not be obligated to provide information under the RTI Act.

Emmanuel | https://creativeresurfacingsolutions.com/
Emmanuel Parker
Employees' Provident Fund (EPF) for Charitable Trust Hospitals

The Employees' Provident Fund (EPF) is a social security scheme provided by the Government of India to support the financial security of employees in the organized sector. Charitable trust hospitals that have 20 or more employees are required to register with the EPF and provide their employees with EPF benefits, including doctors working under them. This requirement has been in effect since 1952 under the Employees' Provident Funds and Miscellaneous Provisions Act.

Ministry and Jurisdiction of Charitable Trust Hospitals

Charitable trust hospitals in India come under the purview of the Ministry of Health and Family Welfare. However, some charitable trust hospitals may also come under the jurisdiction of state governments, depending on their location and other factors.

Right to Information Act and Charitable Trust Hospitals

Charitable trust hospitals that receive government funding or are registered under the Societies Registration Act, 1860, are generally considered public authorities and are subject to the Right to Information (RTI) Act, which allows citizens to seek information from public authorities. However, whether a particular charitable trust hospital is covered under the RTI Act will depend on its specific circumstances and the laws of the state in which it is located.

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