RTI IN PROVIDENT FUND AND ESIC CASES

INTRODUCTION

We can easily file the RTI in provident fund and ESIC cases. We can file an RTI in the cases of transfer or withdrawal of EPF. It is found that many problems related to PF cases occur where we find solutions and to solve these types of problems RTI filing is the best way.

 

IN CASES OF TRANSFER OR WITHDRAWAL OF EPF

In case of EPF withdrawal, one may file an RTI to the concerned EPF officer but in case of EPF transfer the applicant should file RTI two offices because there are two offices involved in EPF transfer; one is the source office, and the other is the target office i.e. if one wants to transfer his/her EPF from Mumbai to Chennai; Mumbai is the source office and Chennai is the target office. The procedure of filing RTI in provident fund and ESIC cases is the same.

 

HOW TO TRANSFER YOUR EPF

• At first, the applicant should file an RTI to the Source EPF office to get a response so that the applicant can know the transfer has been made from their side or not.

• Once you file an RTI to the source office, you can get the updated and exact status of your EPF transfer from the source office. But if one files an RTI to the target office only the applicant may not get a proper response that the source office has made the transfer or not even if the officer of the source office has rejected the letter.

• But if the transfer has been made from the source office, the next step for the applicant is filing RTI to the target office. So, to get safe information with no harassment the applicant should know about the reply of the source office, and then he/she should file another RTI to the target office.

• Here, the applicant should mention their first application to the source office to show them that you know the rule of filing RTI in an EPF transfer case.

• In this case fee for filing RTI is variable if the transfer occurs from one state to another as the fee for filing RTI is different in different states.

OFFLINE PROCEDURE

 

 

• Buy a postal order for Rs.10/- from the postal office and the postal order of Rs.10/- is necessary for the RTI in provident fund and ESIC cases. The postal order should be in favor of the accounts officers of the concerned EPF office. The fees also can be paid through the demand draft.

• To draft the RTI letter, you need to write a letter on an A4 size paper and mention the subject by mentioning the act Must mention your name, address, contact no., mail id along with PF account no. and also your queries.

• Last, of all, mention that you are a citizen of India and you have a request to get the information within 30 days from the date of receiving the application. As proof of Indian citizenship, attach your postal order and complete the letter with your signature, and mention the place, date, and payment details like postal order no., cash receipt, etc.

• The applicant should address to the CPIO of the Employees’ Provident Fund Organization and send it to the registered Post Office or PF office under your jurisdiction.

• The last step is to send the letter through the registered post office because you can’t send the letter through any post office. You can do it carefully and never forget to receive the acknowledgment receipt which is essential for future communication.

• If you can’t get your required information within the time limits, you can file a second appeal and give a copy of your acknowledgment receipt as proof of the first appeal.

IMPORTANT POINTS FOR FILING RTI IN OFFLINE PROCEDURE

Avoid addressing the concerned officer by his name because if he gets transferred a problem may be created. So, address the officer by his/her designation with the proper address. The subject should be specific, avoid asking unnecessary, or unimportant questions. The subject should be short because in some states the applicant should make the application within the specified word limits.

 

ONLINE PROCEDURE

Anyone who is so busy that he/she has no time to maintain the process mentioned above and also wants to avoid harassment can file an RTI through an online process. The online process is very simple and best for RTI and also a short time process. The online method helps to send the application quickly, to check the status regularly. He/she also will get a submission number after filing RTI online by which the applicant can check the status. First, download an RTI application from the RTI website to fill up the online application. Fill up the form as usual. The steps are:-

 

• Visit online RTI portal

• Create an account or tap on submit request

• Read the guidelines and submit

• Choose the department “Ministry of Labor and Employment” under which you can get both the public authorities of ‘Employees Provident Fund Organisation’ & ‘Employee State Insurance Corporation’

• Put your details and submit it

• Finally, pay Rs.10/- and get registration no. to track your application status

IMPORTANT POINTS FOR ONLINE PROCESS

The subject should be specific, avoid asking unnecessary, or unimportant questions. The subject should be short because in some states the application should be under the specified word limits. Check the exact fee for filing an RTI of those states which are relevant to EPF transfer cases.

SOME SUCCESSFUL STORIES ABOUT FILING RTI IN EPF & ESIC CASES

Dushyant Singh Tanwar from Hyderabad filed an RTI but not for his PF, he filed that to protect himself from a false case filed against him. The case was the father-in-law of Dushyant Singh Tanwar filed a case of 498a and domestic violence against Mr. Tanwar and his family demanding rs. 100000/- per month for maintenance, rs. 25000/- for rental, rs. 200000/-for medical and rs. 500000/- for compensation but Mr. Tanwar’s wife Smt. Shruti Chauhan is well-educated, physically able, and gets a handsome salary. So, Mr. Tanwar claimed that the applicant filed to harass him, and he wanted some details of his wife giving the details of relevant documents like EPF account no. UAN no. Date of last credit in the PF account Amount of last credit in each PF account Amount last credited through which organization/company in each PF account Year-wise statements per EPF account.

 

DECISION

The CIC ordered the furnishing of the information within 15 working days from the issuing date of the decision.

 

Kanhaiya Lal filed an RTI to seek information relevant to PF/ESIC. His queries were –

About PF accounts for several seven employees, the name of the employer company,

Date and month when contributions deposited in the accounts of seven employees.

the amount of the contributions deposited in the accounts of seven employees

If the accounts were permanent.

What would happen if an employer does not contribute to ESIC?

The PIO gave information that was received from the deputy director who informed them they have information only of question no. 5, and as a response, he got the answer that the employer should show-cause notice for non-payment of contribution and 12% interest will be imposed on the contribution amount. The applicant approached the commission and complained about it.

 

DECISION

On 03/11/2014 the assistant director of Revenue Branch-II Shri C.P. Wadhwa stated that the first four points did not relate to their office and so, he gave the answer only for the fifth question. On15/12/2014 the assistant director of the Information Communication Technology Division Shri Sahil Agarwal stated that the first four information was third-party information and also personal information, so it was exempted information under 8(1) (j) of the RTI act. The CPIO could not explain how this information is private or personal or third-party information.

According to the Employees’ Provident Funds and Miscellaneous Provision Act, 1952 PF accounts cannot be considered as any personal information or third party information of the employer or employee. As PF accounts are not like a bank account PF accounts are not considered as personal information. So, the CIC finally ordered the disclosure of that information.

 

SUCCESSFUL STORY IN FILING RTI IN CASE OF ESIC

It is a case of 2009 when Mohit Gupta filed an RTI who lived in Delhi. He had some queries about ESIC. His queries are:-

1. List of region-wise hazardous industries, types of risks that occurred for the hazardous situation.

2. List of workers for whom had ESIC had issued cards and about their medical facilities.

3. List of the number of workers that would be region-wise and had been registered under the EI act since 11 July 2008. The numbers of workers who were medically checked before registration and name of medical practitioners who conducted medical examinations.

4. Does ESIC take steps for the education of employees about health hazards at the workplace? What are the steps?

The PIO: ESIC is not responsible for the education of employees about the health hazards at the workplace.

5. The numbers of suspected cases of occupational diseases, about the disease, list of workers Occupational Diseases Centre wise, about the treatment that provided to the workers.

The PIO: ESIC enclosed the suspected cases.

6. Does ESIC constitute occupational disease surveillance teams? The number of occupational diseases made up by ESIC.

The PIO: There is no occupational disease surveillance team made up by ESIC.

7. Information about ODC data

The PIO: For publishing ODC data there is no instruction made by ESIC.

8. A copy of the annual calendar for sensitization of the employers towards occupational hazards from 2008 to 2010

The PIO: There is no record about the annual calendar for sensitization of the employers towards occupational hazards from 2008 to 2010.

9. A list of training of identification, prevention, treatment of occupational disease of the year 2008.

The PIO: ESIC had enclosed the List.

After getting the response Mr. Gupta again applied to the CIC and complained that he got unsatisfactory information from the PIO and there is no reply from the First Appellate Authority. He showed some evidence to prove that all his queries fell under the RTI Act,2005.

Finally, the CIC ordered the PIO to give information completely about workers’ health under ESIC.