RTI Judgement Series
RTI Judgement Series: PF dept claims helplessness in procuring records

Despite having wide punitive powers, the provident fund dept claimed helplessness in procuring PF accounts from an organisation. The CIC directed the PIO to obtain the information and provide to the appellant. This is 162nd in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (CPIO) of Employee's Provident Fund Organisation (EPFO)'s regional officer at Allahabad, to procure information about provident fund (PF) accounts from the employer and provide it to the appellant. The PIO had claimed helplessness in obtaining PF account records from an organization.

 

While giving this judgement on 17 June 2011, Shailesh Gandhi, the then Central Information Commissioner said, “It is the pathetic state of affairs that the PF department which has been given very wide punitive powers is claiming helplessness for years when an organization does not give its returns. The PF department does not appear to be conscious of the fact that it is responsible for amounts deducted from employees across the country and by such actions it is not discharging its duties towards the employees.”

 

Akbarpur (Janpad- Ambedkarnagar/ Uttar Pradesh) resident Mohammad Aslam, on 30 November 2010, sought from the PIO information about the status of his provident fund (PF). Here is the information he sought under the RTI Act...

 

Reasons for not providing the PF Deposit from applicant's Employee's Provident Fund account as requested in application dated 9 November 2010.

 

The PIO returned the application to Aslam due to certain defects, which should be cured for the release of the applicant's PF deposit.

 

Citing PIO did not provide any information, the applicant filed his first appeal. However,  there was no mention of any order by the First Appellate Authority (FAA).

 

Aslam, the applicant, then twice sent his appeal to the Office of the Additional Central Provident Fund Commissioner, who forwarded it to the Regional Provident Fund Commissioner (Appellate Authority).

 

After not receiving any information from the PIO or any reply from the FAA, the applicant approached the CIC with his second appeal.

 

During the hearing, Mr Gandhi, the then CIC, noted that the appellant was seeking information about the PF status of his account.

 

The PIO disclosed that it had not been possible (for him) to give the status of the PF accounts since the employers has not filled in the required form and sent it to the Department.

 

Mr Gandhi said, "It is the pathetic state of affairs that the PF Department, which has been given very wide punitive powers, is claiming helplessness for years when an organization does not give its returns. The PF department does not appear to be conscious of the fact that it is responsible for amounts deducted from employees across the country and by such actions it is not discharging its duties towards the employees."

 

"In the instant case the employer's representatives are present and they are committed that they would give the returns to the PF Authority before 30 July 2011,' the Bench noted. 

 

While allowing the appeal, the CIC directed the PIO to ensure that the information sought by Aslam is supplied to him before 15 August 2011. "If the returns are not submitted by the employer, the PF Authority should take punitive action for which they have been given powers," the Bench said in its order.

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/A/2011/000740/12919

http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2011_000740_12919_M_58688.pdf

Appeal No. CIC/SG/A/2011/000740

 

Appellant                                         : Md. Aslam,         

                                                               Janpad- Ambedkarnagar                             

                                                               Uttar Pradesh- 224122

 

Respondent                                     : Brijesh Kumar Mishra

                                                               PIO & RPFC-II,

                                                               Employee's Provident Fund Organisation,

                                                               Sub-Regional Office,

                                                              United Tower IInd & IIIrd Floor,

                                                               53, Leader Road, Allahabad

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CRISIL to sell 49% stake in IISL to NSE unit for Rs100 crore

The ratings agency would sell its 49% stake in its joint venture with NSE to an unit of the Exchange for Rs100 crore

Ratings agency, CRISIL Ltd on Tuesday said that it will sell 49% of its stake in India Index Services & Products Ltd (IISL) to NSE Strategic Investment Corp for Rs100 crore.

 

IISL, set up in May 1998, is the joint venture between CRISIL and National Stock Exchange (NSE) and maintains all the erstwhile indices of the Exchange and the ratings agency, like Nifty, Nifty Junior, Defty, CRISIL 500, CRISIL Midcap 200 index, CNX IT, CNX Bank, CNX MNC, CNX FMCG and CNX PSE.

 

“... CRISIL will be selling its equity stake in India Index Services & Products Ltd comprising 6.37 lakh shares representing 49% of the total equity share capital of IISL to NSE Strategic Investment Corporation Ltd,” the company said in a regulatory filing to the BSE.

 

IISL provides a broad range of services, products and professional index services. It maintains over 80equity indices comprising broad-based benchmark indices, sectoral indices and customised indices. Many investment and risk management products based on IISL indices have been developed in the recent past, within India and abroad. These include index based derivatives traded on NSE, Singapore Exchange (SGX) and Chicago Mercantile Exchange (CME) and a number of index funds and exchange traded funds.

 

CRISIL ended the day 1.24% down at Rs1,118 on the BSE while the benchmark Sensex closed Tuesday 3.2% down at 17,968.

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Reliance Capital to invest Rs100 crore in wind power JV

The R-ADA group company would invest Rs100 in its joint venture with Chinese Ming Yang to co-develop a large portfolio of clean energy projects in India

Reliance-Anil Dhirubhai Ambani group (R-ADAG) said its unit Reliance Capital will invest Rs100 crore in its wind energy joint venture with China’s Ming Yang Wind Power Group.

 

“Our agreement with Ming Yang Power from China is in place. We believe that it will be closed shortly and investment of over Rs100 crore will come through the joint venture,” Anil Ambani, chairman, R-ADAG, said while replying to shareholders’ queries at Reliance Capital’s annual general meeting in Mumbai.

 

Last year, Ming Yang entered into an agreement with Reliance Capital to set up joint venture by subscribing to a significant stake in the share capital of Global Wind Power Ltd (GWPL), a leading wind power solutions provider in India.

 

Giving an update on this partnership, Anil Ambani, said the agreement would be closed soon and an investment of Rs100 crore would be made.

 

Ming Yang announced this agreement with Reliance Capital and other entities of the Ambani-led Reliance Group on 2 July 2012, but no financial details were provided at that time.

 

Ming Yang had also signed a memorandum of understanding (MoU) with Reliance Power to co-develop a large portfolio of clean energy projects in India.

 

The Chinese company produces advanced wind turbines with high-energy output and provides customers with comprehensive post-sales services. It was one of the top ten wind turbine manufacturers worldwide and the largest non-State owned wind turbine manufacturer in China in 2011.

 

Reliance Capital shares ended Tuesday 4.8% down at Rs299.8 on the BSE, while the 30-share Sensex closed 3.2% down at 17,968.

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