केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/EPFOG/A/2023/655955 Shri Santosh Sambhaji Aherkar … अपीलकता/ग Appellant VERSUS/बनाम PIO, Employees Provident Fund Organisation …प्रनतवािीगण /Respondent Date of Hearing : 03.01.2025 Date of Decision : 03.01.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 27.10.2023 PIO replied on : 09.11.2023 First Appeal filed on : 17.11.2023 First Appellate Order on : 15.12.2023 2^ndAppeal/complaint received on : 26.12.2023 Information sought and background of the case:

The Appellant filed an RTI application dated 27.10.2023 seeking information on the following points:-

“As per the press release id 1496872 at https://pib.gov.in/PressReleseDetail.aspx posted on 24 Jul 2017, all PF accounts should be marked inoperative only after the age of 58 and hence should get the interest until age 58. But EPFO is marking accounts inoperative after 3 years of non-contribution and not giving interest after that. In my case, they credited interest up to 8th year after the contribution was stopped. But they reversed interest for the last 5 years at the time of PF withdrawal and gave me interest only for 3 years. What is the governments stand on this?”

The CPIO, Employees Provident Fund Organisation vide letter dated 09.11.2023 replied as under:-

“Please see para 72(6) and para 60(6) of EPF Scheme,1952.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.11.2023. The FAA vide order dated 15.12.2023 held as under:-

“…considering the facts on record, CPIO (WSU) is hereby directed to provide a detailed revised reply to the appellant for the original RTI application as requested by the appellant in the first appeal. The appeal is disposed of accordingly.”

In compliance with FAO, CAPIO, Regional PF Commissioner-II(WSU), Employees Provident Fund Organisation, New Delhi vide letter dated 19.12.2023 replied as under:-

As per Para 60 (6) of EPF Scheme, 1952 Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72.

And As per Para 72 (6) of EPF Scheme, 1952 Any amount becoming due to a member as a result of: (i) supplementary contribution from the employer in respect of leave wages/arrears of pay, instalment of arrear contribution received in respect of a member whose claim has been settled on account but which could not be remitted for want of latest address, or (ii) accumulation in respect of any member who has either [retired from service after attaining age fifty-five years or migrated abroad permanently] Tor died, [but no application for withdrawal under paragraph 69 or 70 has been preferred] within a period of [thirty six months] from the date it becomes payable, or if any amount remitted to a person, is received back undelivered, and it is not claimed within a period of [thirty six months] from the date it becomes payable, shall be transferred to an account to be called the [Inoperative Account]:

Provided that in the case of a claim for the payment of the said balance, the amount shall be paid by debiting the [Inoperative Account].

Provided further that if any amount becoming due to a member, as a result of supplementary contributions on account of litigation or default by the establishment or a claim which has been settled but is received back undelivered not attributable to the member, shall not be transferred to the Inoperative Account.

3. Under RTI Act, only such information can be supplied which is available and existing and is held by the public authority or is held under the control of the public authority. The Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information O