Employees’ Provident Fund Organization
(Ministry of Labour, Govt. Of India)
Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi – 110066
(CENTRAL ANALYSIS & INTELLIGENCE UNIT)
The Regional P.F. Commissioner- I,
National Data Center,
New Delhi- 110023.
Sub:- Frequently Ask Question on Inspection Policy- Regarding.
Please find enclosed herewith the Frequently Asked Questions (FAQs) on Inspection Policy and answer prepared on the direction of Central Information Commission for uploading the same on the official website.
Encl: As above
Regional P. F. Commissioner- I (CAIU)
FREQUENTLY ASK QUESTION ON INSPECTION POLICY
Q. 1 What are the regulation under which establishments covered under EPF & MP Act, 1952 are being inspected?
Ans: Establishments are inspected as per the inspection scheme of the Employees’ Provident Fund Organization, which have been circulated vide Circular No. MIS-2(4)CAIU/Web Portal/2014-15/dated 26.06.2014 (copy attached).
Q. 2 Which are the establishments exempted from inspection under EPF & MP Act, 1952?
Ans: Following establishments have been exempted from inspection:-
a. For the first year of setting up of the Start-ups, such establishments may not be inspected under EPF & MP Act, 1952. These Start-ups may be asked to submit an online self-declaration instead.
b. Start-ups are allowed to submit self-certified returns under EPF & MP Act, 1952. From the second year on wards, up to five years from the setting up of the unit, such Start-ups may be taken up for inspection only when very credible and verifiable complaints of violation is filed in writing and the approval has been obtained from the Central Analysis and Intelligence Unit (CAIU).
Q 3. What are the different types of inspection?
Ans: i) Mandatory inspection
ii) Inspection can be conducted in cases forwarded through CAIU of EPFO
ii) Optional inspection
Q. 4 What are the different criteria under which establishments are being selected for inspection?
Ans: The criteria for inspection will be mandatory for following all units:-
i) All establishments registered on ECR portal, not marked as closed and not complying and
ii) Establishments reported for closure.
B. Optional Inspections:-
In the following cases, the inspections would be generated through computer using pre- decided number tables taking into account the drop in remittance/ membership as compared to last quarter as per following parameters:-
i. Remittance drop in excess of Rs. 10,000/- and 15% (weight age of 1:1)(40%).
ii. Membership drop in excess of 50 members and 15% (weight-age of 1:1)(40%).
iii. All other Units (20%)
iv. Normally not to be repeated in the same year as far as possible.
Q. 5 How are the establishment selected for inspection?
Ans: With a view to simplify business regulation, a transparent Inspection Policy with system driven triggers equipped with relevant norms and criteria have been formulated for ensuring more accountability, transparency and for minimizing frequent inspections of same unit.
Q. 6 What is the frequency of inspection?
Ans: Normally an establishment may be selected for inspection only once in a year.
Q. 7 Whether it is possible to see inspection report on the website?
Ans: No, it is not possible to see the inspection report on the website.
Q. 8 What action will be taken against the establishment who are violating the provisions under EPF & MP Act, 1952?
Ans: In case any establishment which is found to have been violating the rules and regulations under the EPF & MP Act, 1952, suitable action as prescribed under the EPF & MP Act, 1952 and allied Schemes frame there under may be taken against the said establishment.
Q.9 Whether the Inspection Report can be provided on demand of the complainant?
Ans: Yes, the Inspection Report can be provided on demand of the complainant subject to the exclusion as prescribed under the RTI Act, 2005.